Complete Home & Office Legal Guide/Complete Home and Office Legal Guide (Chestnut) (1993).ISO/stat/mpc/p210.asc

Text File | 1993-08-01 | 47.3 KB | 1,267 lines

PART II

DEFINITION OF SPECIFIC CRIMES
OFFENSES INVOLVING DANGER TO THE PERSON

ARTICLE 210
CRIMINAL HOMICIDE



210.0 Definitions

    In Articles 210-213, unless a different meaning plainly is
required:

    (1) "human being" means a person who has been born and is
alive;

     (2) "bodily injury" means physical pain, illness or any
impairment of physical condition;

    (3) "serious bodily injury" means bodily injury which
creates a substantial risk of death or which causes serious,
permanent disfigurement, or protracted loss or impairment of the
function of any bodily member or organ;

    (4) "deadly weapon" means any firearm, or other weapon,
device, instrument, material or substance, whether animate or
inanimate, which in the manner it is used or is intended to be
used is known to be capable of producing death or serious bodily
injury.



210.1 Criminal Homicide

    (1) A person is guilty of criminal homicide if he purposely,
knowingly, recklessly or negligently causes the death of another
human being.

    (2) Criminal homicide is murder, manslaughter or negligent
homicide.



210.2 Murder

    (1) Except as provided in Section 210.3 (1)(b), criminal
homicide constitutes murder when:

    (a) it is committed purposely or knowingly; or


    (b) it is committed recklessly under circumstances
manifesting extreme indifference to the value of human life.

Such recklessness and indifference are presumed if the actor is
engaged or is an accomplice in the commission of, or an attempt
to commit, or flight after committing or attempting to commit
robbery, rape or deviate sexual intercourse by force or threat of
force, arson, burglary, kidnapping or felonious escape.

    (2) Murder is a felony of the first degree [but a person
convicted of murder may be sentenced to death, as provided in
Section 210.6].



210.3 Manslaughter

    (1) Criminal homicide constitutes manslaughter when:

    (a) it is committed recklessly; or

    (b) a homicide which would otherwise be murder is committed
under the influence of extreme mental or emotional disturbance
for which there is reasonable explanation or excuse.  The
reasonableness of such explanation or excuse shall be determined
from the viewpoint of a person in the actor's situation under the
circumstances as he believes them to be.

    (2) manslaughter is a felony of the second degree.



210.4 Negligent Homicide

    (1) Criminal homicide constitutes negligent homicide when it
is committed negligently.

    (2) Negligent homicide is a felony of the third degree.



210.4 MODEL PENAL CODE



210.5 Causing or Aiding Suicide

    (1) Causing Suicide as Criminal Homicide.  A person may be
convicted of criminal homicide for causing another to commit
suicide only if he purposely causes such suicide by force, duress
or deception.

    (2) Aiding of Soliciting Suicide as an Independent Offense.
A person who purposely aids or solicits another to commit suicide
is guilty of a felony of the second degree if his conduct causes
such suicide or an attempted suicide, and otherwise of a
misdemeanor.



210.6 Sentence of Death for Murder; Further Proceedings to
Determine Sentence

    (1)  Death Sentence Excluded.  When a defendant is found
guilty of murder, the Court shall impose sentence for a felony of
the first degree if it satisfied that:

    (a) none of the aggravating circumstances enumerated in
Subsection (3) of this Section was established by the evidence at
the trial or will be established if further proceedings are
initiated under Subsection (2) of this Section; or

    (b) substantial mitigating circumstances, established by the
evidence at the trial, call for leniency; or

    (c) the defendant, with the consent of the prosecuting
attorney and the approval of the Court, pleased guilty to murder
as a felony of the first degree; or

    (d) the defendant was under 18 years of age at the time of
the commission of the crime; or

    (e) the defendant's physical or mental condition calls for
leniency; or

    (f) although the evidence suffices to sustain the verdict,
it does not foreclose all doubt respecting the defendant's guilt.

    (2)  Determination by Court or by Court and Jury.  Unless
the Court imposes sentence under Subsection (1) of this Section,
it shall conduct a separate proceeding to determine whether the
defendant should be sentenced for a felony of the first degree or
sentenced to death.  The proceeding shall be conducted before the
Court alone if the defendant was convicted by a Court sitting
without a jury or upon his plea of guilty or if the prosecuting
attorney and the defendant waive a jury with respect to sentence.
In other cases it shall be conducted before the Court sitting
with the jury which determined the defendant's guilt or, if the
Court for good cause shown discharges that jury, with a new jury
empanelled for the purpose.

    In the proceeding, evidence may be presented as to any
matter that the Court deems relevant to sentence, including but
not limited to the nature and circumstances of the crime, the
defendant's character, background, history, mental and physical
condition and nay of the aggravating or mitigating circumstances
enumerated in Subsections (3) and (4) of this Section.  Any such
evidence, not legally privileged, which the Court deems to have
probative force, may be received, regardless of its admissibility
under the exclusionary rules of evidence, provided that the
defendant's counsel is accorded a fair opportunity to rebut such
evidence.  The prosecuting attorney and the defendant or his
counsel shall be permitted to present argument for or against
sentence of death.

    The determination whether sentence of death shall be imposed
shall be in the discretion of the Court.  In exercising such
discretion, the Court shall take into account the aggravating and
mitigating circumstances enumerated in Su except that shen the
procedding is conducted before the Court sitting with a jury, the
Court shall not impose sentence of death unless it submits to the
jury the issue whether the defendant should be sentenced to death
or to imprisonment and the jury returns a verdict that the
sentence should be death.  If the jury is unable to reach a
unanimous verdict, the Court shall dismiss the jury and impose
sentence for a felony of the first degree.

    The Court, in exercising its discretion as to sentence, and
the jury, in determining upon its verdict, shall take into
account the aggravating and mitigating circumstances enumerated
in Subsections (3) and (4) and nay other facts that it deems
relevant, but it shall not impose or recommend sentence or death
unless it finds one of the aggravating circumstances enumerated
in Subsection (3) and further finds that there are no mitigating
circumstances sufficiently substantial to call for leniency.
When the issue is submitted to the jury, the Court shall so
instruct and also shall inform the jury of the nature of the
sentence of imprisonment that my be imposed, including its
implication with respect to possible release upon parole, if the
jury verdict is against sentence of death.

    Alternative formulation of Subsection (2):

    (2) Determination by Court.  Unless the Court imposes
sentence under Subsection (1) of this Section, it shall conduct a
separate procedding to determine whether the defendant should be
sentenced for a felony of the first degree or sentenced to death.
In the proceeding, the Court, in accordance with Section 7.07,
shall consider  the report of the pre-sentence investigation and,
if a psychiatric examination has been ordered, the report of such
examination.  In addition, evidence may be presented as to any
matter that the Court deems relevant to sentence, including but
not limited to the nature and circumstances of the crime, the
defendant's character, background, history, mental and physical
condition and any of the aggravating and mitigating circumstances
enumerated in Subsections (3) and (4) of this Section.  Any such
evidence, not legally privileged, which the Court admissibility
under the exlusionary rules of evidence, provided that the
defendant's counsel is accorded a fair opportunity to rebut such
evidence.  The prosecuting attorney and the defendant or his
counsel shall be permitted to present argument for or against
sentence of death.

    The determination whether sentence of death shall be imposed
shall be in the discretion of the Court.  In exercising such
discretion, the Court shall take into account the aggravating and
mitigating circumstances enumerated in Subsections (3) and (4)
and any other facts that it deems relevant but shall not impose
sentence of death unless it finds one of the aggravating
circumstances enumerated in subsection (3) and further finds that
there are no mitigating circumstances sufficiently substantial to
call for leniency.

    (3) Aggravating Circumstances

    (a) The murder was committed by a convict under sentence if
imprisonment.

    (b) The defendant was previously convicted of another murder
or of a felony involving the use or threat or violence to the
person.

    (c) At the time the murder was committed the defendant also
committed another murder.

    (d) The defendant knowingly created a great risk of death to
many persons.

    (e) The murder was committed while the defendant was engaged
or was an accomplice in the commission of, or an attempt to
commit, or flight after committing or attempting to commit
robbery, rape or deviate sexual intercourse by force of threat of
force, arson, burglary or kidnapping.

    (f) The murder was committed for the purpose of avoiding or
preventing a lawful arrest of effecting an escape from lawful
custody.

    (g) The murder was committed for pecuniary gain.

    (h) The murder was especially heinous, atrocious or cruel,
manifesting exceptional depravity.

    (4) Mitigating Circumstances.

    (a) The defendant haws no significant history or prior
criminal activity.

    (b) The murder was committed while the defendant was under
the influence of extreme mental or emotional disturbance.

    (c) The victim was a participant in the defendant's
homicidal conduct or consented to the homicidal act.

    (d) The murder was committed under circumstances which the
defendant believed to provide a moral justification or
extenuation for his conduct.

    (e) The defendant was an accomplice in a murder committed by
another person and his participation in the homicidal act was
relatively minor.

    (f) The defendant acted under duress or under the domination
of another person.

    (g) At the time of the murder, the capacity of the defendant
to appreciate the criminality [wrongfulness] of his conduct or to
conform his conduct to the requirements of law was impaired as a
result of mental disease or defect or intoxication.

    (h) The youth of the defendant at the time of the crime.]

211.0 MODEL PENAL CODE

ARTICLE 211

ASSAULT; RECKLESS ENDANGERING; THREATS

211.0 Definitions

    In this Article, the definitions given in Section 210.0
apply unless a different meaning plainly is required.

211.1 Assault

    (1) Simple Assault.  A person is guilty of assault if he:

    (a) attempts to cause or purposely, knowingly or recklessly
causes bodily injury to another; or

    (b) negligently causes bodily injury to another with a
deadly weapon; or

    (c) attempts by physical menace to put another in fear of
imminent serious bodily injury.

    Simple assault is a misdemeanor unless committed in a fight
or scuffle entered into by mutual consent, in which case it is a
petty misdemeanor.

    (2) Aggravated Assault.  A person is guilty of aggravated
assault if he:

    (a) attempts to cause serious bodily injury to another, or
causes such injury purposely, knowingly or recklessly under
circumstances manifesting extreme indifference to the value of
human life; or

    (b) attempts to cause or purposely or knowingly causes
bodily injury to another with a deadly weapon.

    Aggravated assault under paragraph (a) is a felony of the
second degree; aggravated assault under paragraph (b) is a felony
of the third degree.


211.2 Recklessly Endangering Another Person

     A person commits a misdemeanor if he recklessly engages in
conduct which places or may place another person in danger or
death or serious bodily injury.  Recklessness and danger shall be
presumed where a person knowingly points a firearm at or in the
direction of another, whether or not the actor believed the
firearm to be loaded.

211.3 Terroristic Threats

    A person is guilty of a felony of the third degree if he
threatens to commit any crime of violence with purpose to
terrorize another or to cause evacuation of a building, place of
assembly, or facility of public transportation, or otherwise to
cause serious public inconvenience, or in reckless disregard of
the risk of causing such terror or inconvenience.

KIDNAPPING AND RELATED OFFENSES; COERCION

212.0 Definitions

    In the Article, the definitions given Section 210.0 apply
unless a different meaning plainly is required.

212.1 Kidnapping

     A person is guilty of kidnapping if he unlawfully removes
another from his place of residence of business, or a substantial
distance from the vicinity where he is found, or if he unlawfully
confines another for a substantial period in a place of
isolation, with any of the following purposes;

    (a) to hold for ransom or reward, or as a shield or hostage;
or

    (b) to facilitate commission of any felony or flight
thereafter; or

    (c) to inflict bodily injury on or to terrorize the victim
or another; or

    (d) to interfere with the performance of any governmental or
political function.

    Kidnapping is a felony of the first degree unless the actor
voluntarily releases the victim alive and in a safe place prior
to trial, in which case it is a felony of the second degree.  A
removal or confinement is unlawful within the meaning of this
Section if it is accomplished by force, threat or deception, or,
in the case of a person who is under the age of 14 or
incompetent, if it is accomplished without the consent of a
parent, guardian or other person responsible for general
supervision of his welfare.

212.2 Felonious Restraint

    A person commits a felony of the third degree if he
knowingly:

    (a) restrains another unlawfully in circumstances exposing
him to risk of serious bodily injury; or

    (b) holds another in a condition of involuntary servitude.

212.3 False Imprisonment

     A person commits a misdemeanor is he knowingly restrains
another unlawfully so as to interfere substantially with his
liberty.

212.4 Interference with Custody

    (1) Custody of Children.  A person commits an offense if he
knowingly or recklessly takes or entices any child under the age
of 18 from the custody of its parent, guardian or other lawful
custodian, when he has no privilege to do so.  It is an
affirmative defense that:

    (a) the actor believed that his action was necessary to
preserve the child from danger to its welfare; or

    (b) the child, being at the time not less than 14 years old,
was taken away at its own instigation without enticement and
without purpose to commit a criminal offense with or against the
child.

    Proof that the child was below the critical age gives rise
to a the actor, not being a parent or person in equivalent
relation to the child, acted with knowledge that his conduct
would cause serious alarm for the child's safety, or in reckless
disregard of a likelihood of causing such alarm, in which case
the offense is a felony of the third degree.

    (2) Custody of Committed Persons.  A person is guilty of a
misdemeanor if he knowingly or recklessly takes or entices any
committed person away from lawful custody when he is not
privileged to do so.  "Committed person" means, in addition to
anyone committed under judicial warrant, any orphan, neglected or
delinquent child, mentally defective or insane person, or other
dependent or incompetent person entrusted to another's custody by
or through a recognized social agency or otherwise by authority
of law.



212.5.  Criminal Coercion

    (1) Offense Defined. A person is guilty of criminal coercion
if, with purpose unlawfully to restrict another's freedom of
action to his detriment, he threatens to:

    (a) commit any criminal offense; or

    (b) accuse anyone of a criminal offense; or

    (c) expose any secret tending to subject any person to
hatred, contempt or ridicule or to impair his credit or business
repute; or

    (d) take or withhold action as an official, or cause an
official to take or withhold action.

    It is an affirmative defense to prosecution based on
paragraphs (b), (c) or (d) that the actor believed the accusation
or secret to be true or the proposed official action justified
and that his purpose was limited to compelling the other to
behave in a way reasonably related to the circumstances which
were the subject of the accusation, exposure or proposed official
action, as by desisting from further misbehavior, making good a
wrong done, refraining from taking any action or responsibility
for which the actor believes the other disqualified.

    (2) Grading. Criminal coercion is a misdemeanor unless the
threat is to commit a felony or the actor's purpose is felonious,
in which cases the offense is a felony of the third degree.



ARTICLE 213

SEXUAL OFFENSES

213.0. Definitions

    In this Article, the definitions given in Section 210.0
apply unless a different meaning plainly is required.

    Sexual intercourse includes intercourse per os or per anum,
with some penetration however slight; emission is not required.

    Deviate sexual intercourse means sexual intercourse per os
or per anum between human beings who are not husband and wife,
and any form of sexual intercourse with an animal.



213.1.  Rape and Related Offenses

    (1) Rape.  A male who has sexual intercourse with a female
not his wife is guilty of rape if:

    (a) he compels her to submit by force or by threat of
imminent death, serious bodily injury, extreme pain or
kidnapping, to be inflicted on anyone; or

    (b) he has substantially impaired her power to appraise or
control her conduct by administering or employing without her
knowledge drugs, intoxicants or other means for the purpose of
preventing resistance; or

    (c) the female is unconscious; or

    (d) the female is less than 10 years old.

    Rape is a felony of the second degree unless (i) in the
course thereof the actor inflicts serious bodily injury upon
anyone, or (ii) the victim was not a voluntary social companion
of the actor upon the occasion of the crime and had not
previously permitted him sexual liberties, in which cases the
offense is a felony of the first degree.

    (2) Gross Sexual Imposition.  A male who has sexual
intercourse with a female not his wife commits a felony of the
third degree if:

    (a) he compels her to submit by any threat that would
prevent resistance by a woman of ordinary resolution; or

    (b) he knows that she suffers from a mental disease or
defect which renders her incapable of appraising the nature of
her conduct; or

   (c) he knows that she is unaware that a sexual act is being
committed upon her or that she submits because she mistakenly
supposes that he is her husband.



213.2.  Deviate Sexual Intercourse by Force or Imposition

    (1) By Force or Its Equivalent. A person who engages in
deviate sexual intercourse with another person, or who causes
another to engage in deviate sexual intercourse, commits a felony
of the second degree if:

    (a) he compels the other person to participate by force or
by threat of imminent death, serious bodily injury, extreme pain
or kidnapping, to be inflicted on anyone; or

    (b) he has substantially impaired the other person's power
to appraise or control his conduct, by administering or employing
without the knowledge of the other person drugs, intoxicants or
other means for the purpose of preventing  resistance; or


    (c) the other person is unconscious; or

    (d) the other person is less than 10 years old.

    (2) By Other Imposition. A person who engages in deviate
sexual intercourse with another person, or who causes another to
engage in deviate sexual intercourse, commits a felony of the
third degree if:

    (a) he compels the other person to participate by any threat
that would prevent resistance by a person of ordinary resolution;
or

    (b) he knows that the other person suffers from a mental
disease or defect which renders him incapable of appraising the
nature of his conduct; or

wife commits a felony of the third degree if:

    (c) he knows that the other person submits because he is
unaware that a sexual act is being committed upon him.



213.3.  Corruption of Minors and Seduction

    (1) Offense Defined. A male who has sexual intercourse with
a female not his wife, or any person who engages in deviate
sexual intercourse or causes another to engage in deviate sexual
intercourse, is guilty of an offense if:

    (a) the other person is less than [16] years old and the
actor is at least [4] years older than the other person; or

    (b) the other person is less than 21 years old and the actor
is his guardian or otherwise responsible for general supervision
of his welfare; or

    (c) the other person is in custody of law or detained in a
hospital or other institution and the actor has supervisory or
disciplinary authority over him; or

    (d) the other person is a female who is induced to
participate by a promise of marriage which the actor does not
mean to perform.

    (2) Grading.  An offense under paragraph (a) of Subsection
(1) is a felony of the third degree. Otherwise an offense under
this section is a misdemeanor.



213.4. Sexual Assault


    A person who has sexual contact with another not his spouse,
or causes such other to have sexual contact with him, is guilty
of sexual assault, a misdemeanor, if:

    (1) he knows that the contact is offensive to the other
person; or

    (2) he knows that the other person suffers from a mental
disease or defect which renders him or her incapable of
appraising the nature of his or her conduct; or

    (3) he knows that the other person is unaware that a sexual
act is being committed; or

    (4) the other person is less than 10 years old; or

    (5) he has substantially impaired the other person's power
to appraise or control his or her conduct, by administering or
employing without the other's knowledge drugs, intoxicants or
other means for the purpose of preventing resistance; or

    (6) the other person is less than [16] years old and the
actor is at least [4] years older than the other person; or

    (7) the other person is less than 21 years old and the actor
is his guardian or otherwise responsible for general supervision
of his welfare; or

    (8) the other person is in custody of law or detained in a
hospital or other institution and the actor has supervisory or
disciplinary authority over him.

    Sexual contact is any touching of the sexual or other
intimate parts of the person for the purpose of arousing or
gratifying sexual desire.



213.5. Indecent Exposure

    A person commits a misdemeanor if, for the purpose of
arousing or gratifying sexual desire of himself or of any person
other than his spouse, he exposes his genitals under
circumstances in which he knows his conduct is likely to cause
affront or alarm.



213.6.  Provisions Generally Applicable to Article 213

    (1) Mistake as to Age.  Whenever in this Article the
criminality of conduct depends on a child's being below the age
of 10, it is no defense that the actor did not know the child's
age, or reasonably believed the child to be older than 10. When
criminality depends on the child's being below a critical age
other than 10, it is a defense for the actor to prove by a
preponderance of the evidence that he reasonably believed the
child to be above the critical age.

    (2) Spouse Relationships. Whenever in this Article the
definition of an offense excludes conduct with a spouse, the
exclusion shall be deemed to extend to persons living as man and
wife, regardless of the legal status of their relationship. The
exclusion shall be inoperative as respects spouses living apart
under a decree of judicial separation. Where the definition of an
offense excludes conduct with a spouse or conduct by a woman,
this shall not preclude conviction of a spouse or woman as
accomplice in a sexual act which he or she causes another person,
not within the exclusion, to perform.

    (3) Sexually Promiscuous Complainants. It is a defense to
prosecution under Section 213.3 and paragraphs (6), (7) and (8)
of Section 213.4 for the actor to prove by a preponderance of the
evidence that the alleged victim had, prior to the time of the
offense charged, engaged promiscuously in sexual relations with
others.

    (4) Prompt Complaint.  No prosecution may be instituted or
maintained under this Article unless the alleged offense was
brought to the notice of public authority within [3] months of
its occurrence or, where the alleged victim was less than [161
years old or otherwise incompetent to make complaint, within [3]
months after a parent, guardian or other competent person
specially interested in the victim learns of the offense.

    (5) Testimony of Complainants.  No person shall be convicted
of any felony under this Article upon the uncorroborated
testimony of the alleged victim. Corroboration may be
circumstantial. In any prosecution before a jury for an offense
under this Article, the jury shall be instructed to evaluate the
testimony of a victim or complaining witness with special care in
view of the emotional involvement of the witness and the
difficulty of determining the truth with respect to alleged
sexual activities carried out in private.



OFFENSES AGAINST PROPERTY

ARTICLE 220

ARSON, CRIMINAL MISCHIEF, AND OTHER PROPERTY DESTRUCTION



220.1. Arson and Related Offenses

    (1) Arson. A person is guilty of arson, a felony of the
second degree, if he starts a fire or causes an explosion with
the purpose of:

    (a) destroying a building or occupied structure of another;
or

    (b) destroying or damaging any property, whether his own or
another's, to collect insurance for such loss. It shall be an
affirmative defense to prosecution under this paragraph that the
actor's conduct did not recklessly endanger any building or
occupied structure of another or place any other person in danger
of death or bodily injury.

    (2) Reckless Burning or Exploding. A person commits a felony
of the third degree if he purposely starts a fire or causes an
explosion, whether on his own property or another's, and thereby
recklessly:

    (a) places another person in danger of death or bodily
injury; or

    (b) places a building or occupied structure of another in
danger of damage or destruction.

    (3) Failure to Control or Report Dangerous Fire. A person
who knows that a fire is endangering life or a substantial amount
of property of another and fails to take reasonable measures to
put out or control the fire, when he can do so without
substantial risk to himself, or to give a prompt fire alarm,
commits a misdemeanor if:

    (a) he knows that he is under an official, contractual, or
other legal duty to prevent or combat the fire; or

    (b) the fire was started, albeit lawfully, by him or with
his assent. or on property in his custody or control.

    (4) Definitions. "Occupied structure" means any structure,
vehicle or place adapted for overnight accommodation of persons,
or for carrying on business therein, whether or not a person is
actually present. Property is that of another, for the purposes
of this section, if anyone other than the actor has a possessory
or proprietory interest therein. If a building or structure is
divided into separately occupied units, any unit not occupied by
the actor is an occupied structure of another.



220.2. Causing or Risking Catastrophe

    (1) Causing Catastrophe.  A person who causes a catastrophe
by explosion, fire, flood, avalanche, collapse of building,
release of poison gas, radioactive material or other harmful or
destructive force or substance, or by any other means of causing
potentially widespread injury or damage, commits a felony of the
second degree if he does so purposely or knowingly, or a felony
of the third degree if he does so recklessly.

    (2) Risking Catastrophe.  A person is guilty of a
misdemeanor if he recklessly creates a risk of catastrophe in the
employment of fire, explosives or other dangerous means listed in
Subsection (1).

    (3) Failure to Prevent Catastrophe.  A person who knowingly
or recklessly fails to take reasonable measures to prevent or
mitigate a catastrophe commits a misdemeanor if:

    (a) he knows that he is under an official, contractual or
other legal duty to take such measures; or

    (b) he did or assented to the act causing or threatening the
catastrophe.



220.3. Criminal Mischief

    (1) Offense Defined.  A person is guilty of criminal
mischief if he:

    (a) damages tangible property of another purposely,
recklessly, or by negligence in the employment of fire,
explosives, or other dangerous means listed in Section 220.2 (1);
or

    (b) purposely or recklessly tampers with tangible property
of another so as to endanger person or property; or

    (c) purposely or recklessly causes another to suffer
pecuniary loss by deception or threat.

    (2) Grading.  Criminal mischief is a felony of the third
degree if the actor purposely causes pecuniary loss in excess of
$5,000, or a substantial interruption or impairment of public
communication, transportation, supply of water, gas or power, or
other public service. It is a misdemeanor if the actor purposely
causes pecuniary loss in excess of $100, or a petty misdemeanor
if he purposely or recklessly causes pecuniary loss in excess of
$25. Otherwise criminal mischief is a violation.



ARTICLE 221

BURGLARY AND OTHER CRIMINAL INTRUSION



221.0. Definitions

    In this Article, unless a different meaning plainly is
required

    (1) "occupied structure" means any structure, vehicle or
place adapted for overnight accommodation of persons, or for
carrying on business therein, whether or not a person is actually
present.

    (2) "night" means the period between thirty minutes past
sunset and thirty minutes before sunrise.

221.1. Burglary

    (1) Burglary Defined. A person is guilty of burglary if he
enters a building or occupied structure, or separately secured or
occupied portion thereof, with purpose to commit a crime therein,
unless the premises are at the time open to the public or the
actor is licensed or privileged to enter. It is an affirmative
defense to prosecution for burglary that the building or
structure was abandoned.

    (2) Grading.  Burglary is a felony of the second degree if
it is perpetrated in the dwelling of another at night, or if, in
the course of committing the offense, the actor:

    (a) purposely, knowingly or recklessly inflicts or attempts
to inflict bodily injury on anyone; or

    (b) is armed with explosives or a deadly weapon.

    Otherwise, burglary is a felony of the third degree. An act
shall be deemed "in the course of committing" an offense if it
occurs in an attempt to commit the offense or in flight after the
attempt or commission.

    (3) Multiple Convictions.  A person may not be convicted
both for burglary and for the offense which it was his purpose to
commit after the burglarious entry or for an attempt to commit
that offense, unless the additional offense constitutes a felony
of the first or second degree.



221.2. Criminal Trespass

    (1) Buildings and Occupied Structures.  A person commits an
offense if, knowing that he is not licensed or privileged to do
so, he enters or surreptitiously remains in any building or
occupied structure, or separately secured or occupied portion
thereof.  An offense under this Subsection is a misdemeanor if it
is committed in a dwelling at night. Otherwise it is a petty
misdemeanor.

    (2) Defiant Trespasser.  A person commits an offense if,
knowing that he is not licensed or privileged to do so, he enters
or remains in any place as to which notice against trespass is
given by:

    (a) actual communication to the actor; or

    (b) posting in a manner prescribed by law or reasonably
likely to come to the attention of intruders; or

    (c) fencing or other enclosure manifestly designed to
exclude intruders.

    An offense under this Subsection constitutes a petty
misdemeanor if the offender defies an order to leave personally
communicated to him by the owner of the premises or other
authorized person.

    (3) Defenses. It is an affirmative defense to prosecution
under this Section that:

    (a) a building or occupied structure involved in an offense
under Subsection (1) was abandoned; or

    (b) the premises were at the time open to members of the
public and the actor complied with all lawful conditions imposed
on access to or remaining in the premises; or

    (c) the actor reasonably believed that the owner of the
premises, or other person empowered to license access thereto,
would have licensed him to enter or remain.



ARTICLE 222

ROBBERY



222.1. Robbery

    (1) Robbery Defined. A person is guilty of robbery if, in
the course of committing a theft, he:

    (a) inflicts serious bodily injury upon another; or

    (b) threatens another with or purposely puts him in fear of
immediate serious bodily injury; or

    (c) commits or threatens immediately to commit any felony of
the first or second degree.

    An act shall be deemed "in the course of committing a theft"
if it occurs in an attempt to commit theft or in flight after the
attempt or commission.

    (2) Grading.  Robbery is a felony of the second degree,
except that it is a felony of the first degree if in the course
of committing the theft the actor attempts to kill anyone, or
purposely inflicts or attempts to inflict serious bodily injury.



ARTICLE 223

THEFT AND RELATED OFFENSES



223.0. Definitions

    In this Article, unless a different meaning plainly is
required:

    (1) "deprive" means: (a) to withhold property of another
permanently or for so extended a period as to appropriate a major
portion of its economic value, or with intent to restore only
upon payment of reward or other compensation; or (b) to dispose
of the property so as to make it unlikely that the owner will
recover it.

    (2) "financial institution" means a bank, insurance company,
credit union, building and loan association, investment trust or
other organization held out to the public as a place of deposit
of funds or medium of savings or collective investment.

    (3) "government" means the United States, any State, county,
municipality, or other political unit, or any department, agency
or subdivision of any of the foregoing, or any corporation or
other association carrying out the functions of government.

    (4) "movable property" means property the location of which
can be changed, including things growing on, affixed to, or found
in land, and documents although the rights represented thereby
have no physical location.  "Immovable property" is all other
property.

    (5) "obtain" means: (a) in relation to property, to bring
about a transfer or purported transfer of a legal interest in the
property, whether to the obtainer or another; or (b) in relation
to labor or service, to secure performance thereof.

    (6) "property" means anything of value, including real
estate, tangible and intangible personal property, contract
rights, choses-in-action and other interests in or claims to
wealth, admission or transportation tickets, captured or domestic
animals, food and drink, electric or other power.

    (7) "property of another" includes property in which any
person other than the actor has an interest which the actor is
not privileged to infringe, regardless of the fact that the actor
also has an interest in the property and regardless of the fact
that the other person might be precluded from civil recovery
because the property was used in an unlawful transaction or was
subject to forfeiture as contraband.  Property in possession of
the actor shall not be deemed property of another who has only a
security interest therein, even if legal title is in the creditor
pursuant to a conditional sales contract or other security
agreement.



223.1. Consolidation of Theft Offenses; Grading; Provisions
Applicable to Theft Generally

    (1) Consolidation of Theft Offenses.  Conduct denominated
theft in this Article constitutes a single offense. An accusation
of theft may be supported by evidence that it was committed in
any manner that would be theft under this Article,
notwithstanding the specification of a different manner in the
indictment or information, subject only to the power of the Court
to ensure fair trial by granting a continuance or other
appropriate relief where the conduct of the defense would be
prejudiced by lack of fair notice or by surprise.

    (2) Grading of Theft Offenses.

    (a) Theft constitutes a felony of the third degree if the
amount involved exceeds $500, or if the property stolen is a
firearm, automobile, airplane, motorcycle, motor boat, or other
motor-propelled vehicle, or in the case of theft by receiving
stolen property, if the receiver is in the business of buying or
selling stolen property.

    (b) Theft not within the preceding paragraph constitutes a
misdemeanor, except that if the property was not taken from the
person or by threat, or in breach of a fiduciary obligation, and
the actor proves by a preponderance of the evidence that the
amount involved was less than $50, the offense constitutes a
petty misdemeanor.

    (c) The amount involved in a theft shall be deemed to be the
highest value, by any reasonable standard, of the property or
services which the actor stole or attempted to steal.  Amounts
involved in thefts committed pursuant to one scheme or course of
conduct, whether from the same person or several persons, may be
aggregated in determining the grade of the offense

    (8) Claim of Right. It is an affirmative defense to
prosecution for theft that the actor:

    (a) was unaware that the property or service was that of
another; or

    (b) acted under an honest claim of right to the property or
service involved or that he had a right to acquire or dispose of
it as he did; or

    (c) took property exposed for sale, intending to purchase
and pay for it promptly, or reasonably believing that the owner,
if present, would have consented.

    (4) Theft from Spouse.  It is no defense that theft was from
the actor's spouse, except that misappropriation of household and
personal effects, or other property normally accessible to both
spouses, is theft only if it occurs after the parties have ceased
living together.



223.2. Theft by Unlawful Taking or Disposition

    (1) Movable Property. A person is guilty of theft if he
unlawfully takes, or exercises unlawful control over, movable
property of another with purpose to deprive him thereof.

    (2) Immovable Property. A person is guilty of theft if he
unlawfully transfers immovable property of another or any
interest therein with purpose to benefit himself or another not
entitled thereto.



223.3. Theft by Deception

    A person is guilty of theft if he purposely obtains property
of another by deception.  A person deceives if he purposely:

    (1) creates or reinforces a false impression, including
false impressions as to law, value, intention or other state of
mind; but deception as to a person's intention to perform a
promise shall not be inferred from the fact alone that he did not
subsequently perform the promise; or

    (2) prevents another from acquiring information which would
affect his judgment of a transaction; or

    (3) fails to correct a false impression which the deceiver
previously created or reinforced, or which the deceiver knows to
be influencing another to whom he stands in a fiduciary or
confidential relationship; or

    (4) fails to disclose a known lien, adverse claim or other
legal impediment to the enjoyment of property which he transfers
or encumbers in consideration for the property obtained, whether
such impediment is or is not valid, or is or is not a matter of
official record.

    The term "deceive" does not, however, include falsity as to
matters having no pecuniary significance, or puffing by
statements unlikely to deceive ordinary persons in the group
addressed.



223.4. Theft by Extortion

    A person is guilty of theft if he purposely obtains property
of another by threatening to:

    (1) inflict bodily injury on anyone or commit any other
criminal offense; or

    (2) accuse anyone of a criminal offense; or

    (3) expose any secret tending to subject any person to
hatred, contempt or ridicule, or to impair his credit or business
repute; or

    (4) take or withhold action as an official, or cause an
official to take or withhold action; or

    (5) bring about or continue a strike, boycott or other
collective unofficial action, if the property is not demanded or
received for the benefit of the group in whose interest the actor
purports to act; or

    (6) testify or provide information or withhold testimony or
information with respect to another's legal claim or defense; or

    (1) Receiving.  A person is guilty of theft if he purposely
receives, retains, or disposes of movable property of another
knowing that it has been stolen, or believing that it has
probably been stolen, unless the property is received, retained,
or disposed with purpose to restore it to the owner. "Receiving"
means acquiring possession, control or title, or lending on the
security of the property.

    (2) Presumption of Knowledge.  The requisite knowledge or
belief is presumed in the case of a dealer who:

    (a) is found in possession or control of property stolen
from two or more persons on separate occasion; or

    (b) has received stolen property in another transaction
within the year preceding the transaction charged; or

    (c) being a dealer in property of the sort received,
acquires it for a consideration which he knows is far below its
reasonable value.

"Dealer" means in the business of buying or selling goods
including a pawnbroker.

    (7) inflict any other harm which would not benefit the
actor.


    It is an affirmative defense to prosecution based on
paragraphs (2), (3) or (4) that the property obtained by threat
of accusation, exposure, lawsuit or other invocation of official
action was honestly claimed as restitution or indemnification for
harm done in the circumstances to which such accusation,
exposure, lawsuit or other official action relates, or as
compensation for property or lawful services.



223.5. Theft of Property Lost, Mislaid, or Delivered by Mistake

    A person who comes into control of property of another that
he knows to have been lost, mislaid, or delivered under a mistake
as to the nature or amount of the property or the identity of the
recipient is guilty of theft if, with purpose to deprive the
owner thereof, he fails to take reasonable measures to restore
the property to a person entitled to have it.



223.6. Receiving Stolen Property

    (1) Receiving.  A person is guilty of theft if he purposely
receives, retains, or disposes of movable property of another
knowing that it has been stolen, or believing that it has
probably been stolen, unless the property is received, retained,
or disposed with purpose to restore it to the owner. "Receiving"
means acquiring possession, control or title, or lending on the
security of the property.

    (2) Presumption of Knowledge. The requisite knowledge or
belief is presumed in the case of a dealer who:

    (a) is found in possession or control of property stolen
from two or more persons on separate occasions; or

    (b) has received stolen property in another transaction
within the year preceding the transaction charged; or

    (c) being a dealer in property of the sort received,
acquires it for a consideration which he knows is far below its
reasonable value.

"Dealer" means pawnbroker or a person in the business of buying
or selling goods.



223.7. Theft of Services

    (1) A person is guilty of theft is he purposely obtains
services which he knows are available only for compensation, by
deception or threat, or by false token or other means to avoid
payment for the service. "Services" includes labor, professional
service, transportation, telephone or other public service,
accommodation in hotels, restaurants or elsewhere, admission to
exhibitions, use of vehicles or other movable property. Where
compensation for service is ordinarily paid immediately upon the
rendering of such service, as in the case of hotels and
restaurants, refusal to pay or absconding without payment or
offer to pay gives rise to a presumption that the service was
obtained by deception as to intention to pay.

    (2) A person commits theft if, having control over the
disposition of services of others, to which he is not entitled,
he knowingly diverts such services to his own benefit or to the
benefit of another not entitled thereto.



223.8. Theft by Failure to Make Required Disposition of Funds
Received

    A person who purposely obtains property upon agreement, or
subject to a known legal obligation, to make specified payment or
other disposition, whether from such property or its proceeds or
from his own property to be reserved in equivalent amounts is
guilty of theft if he deals with the property obtained as his own
and fails to make the required payment or disposition. The
foregoing applies notwithstanding that it may be impossible to
identify particular property as belonging to the victim at the
time of the actor's failure to make the required payment or
disposition. An officer or employee of the government or of a
financial institution is presumed: (i) to know any legal
obligation relevant to his criminal liability under this Section,
and (ii) to have dealt with the property as his own if he fails
to pay or account upon lawful demand, or if an audit reveals a
shortage or falsification of accounts.



223.9. Unauthorized Use of Automobiles and Other Vehicles

    A person commits a misdemeanor if he operates another's
automobile, airplane, motorcycle, motorboat, or other
motor-propelled vehicle without consent of the owner. It is an
affirmative defense to prosecution under this Section that the
actor reasonably believed that the owner would have consented to
the operation had he known of it.

ARTICLE 224

FORGERY AND FRAUDULENT PRACTICES

224.0. Definitions

    In this Article, the definitions given in Section 223.0
apply unless a different meaning plainly is required.

224.1. Forgery

    (1) Definition.  A person is guilty of forgery if, with
purpose to defraud or injure anyone, or with knowledge that he is
facilitating a