Complete Home & Office Legal Guide/Complete Home and Office Legal Guide (Chestnut) (1993).ISO/stat/mpc/p224.asc

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or injury to be perpetrated by anyone, the actor:

    (a) alters any writing of another without his authority; or

    (b) makes, completes, executes, authenticates, issues or
transfers any writing so that it purports to be the act of
another who did not authorize that act, or to have been executed
at a time or place or in a numbered sequence other than was in
fact the case, or to be a copy of an original when no such
original existed; or

    (c) utters any writing which he knows to be forged in a
manner specified in paragraphs (a) or (b) .

    "Writing" includes printing or any other method of recording
information, money, coins, tokens, stamps, seals, credit cards,
badges, trade-marks, and other symbols of value, right,
privilege, or identification.

    (2) Grading.  Forgery is a felony of the second degree if
the writing is or purports to be part of an issue of money,
securities, postage or revenue stamps, or other instruments
issued by the government, or part of an issue of stock, bonds or
other instruments representing interests in or claims against any
property or enterprise. Forgery is a felony of the third degree
if the writing is or purports to be a will, deed, contract,
release, commercial instrument, or other document evidencing,
creating, transferring, altering, terminating, or otherwise
affecting legal relations. Otherwise forgery is a misdemeanor.



224.2. Simulating Objects of Antiquity, Rarity, Etc.

    A person commits a misdemeanor if, with purpose to defraud
anyone or with knowledge that he is facilitating a fraud to be
perpetrated by anyone, he makes, alters or utters any object so
that it appears to have value because of antiquity, rarity,
source, or authorship which it does not possess.

224.3. Fraudulent Destruction, Removal or Concealment of
Recordable Instruments

    A person commits a felony of the third degree if, with
purpose to deceive or injure anyone, he destroys, removes or
conceals any will, deed, mortgage, security instrument or other
writing for which the law provides public recording.

224.4. Tampering with Records

    A person commits a misdemeanor if, knowing that he has no
privilege to do so, he falsifies, destroys, removes or conceals
any writing or record, with purpose to deceive or injure anyone

or to conceal any wrongdoing.



224.5. Bad Checks

    A person who issues or passes a check or similar sight order
for the payment of money, knowing that it will not be honored by
the drawee, commits a misdemeanor. For the purposes of this
Section as well as in any prosecution for theft committed by
means of a bad check, an issuer is presumed to know that the
check or order (other than a postdated check or order) would not
be paid, if:

    (1) the issuer had no account with the drawee at the time
the check or order was issued; or

    (2) payment was refused by the drawee for lack of funds,
upon presentation within 30 days after issue, and the issuer
failed to make good within 10 days after receiving notice of that
refusal.



224.6. Credit Cards

    A person commits an offense if he uses a credit card for the
purpose of obtaining property or services with knowledge that:

    (1) the card is stolen or forged; or

    (2) the card has been revoked or cancelled; or

    (3) for any other reason his use of the card is unauthorized
by the issuer.      It is an affirmative defense to prosecution
under paragraph (3) if the actor proves by a preponderance of the
evidence that he had the purpose and ability to meet all
obligations to the issuer arising out of his use of the card.
"Credit card" means a writing or other evidence of an undertaking
to pay for property or services delivered or rendered to or upon
the order of a designated person or bearer. An offense under this
Section is a felony of the third degree if the value of the
property or services secured or sought to be secured by means of
the credit card exceeds $500; otherwise it is a misdemeanor.



224.7.  Deceptive Business Practices

    A person commits a misdemeanor if in the course of business
he:

    (1) uses or possesses for use a false weight or measure, or
any other device for falsely determining or recording any quality
or quantity; or

    (2) sells, offers or exposes for sale, or delivers less than
the represented quantity of any commodity or service; or

    (3) takes or attempts to take more than the represented
quantity of any commodity or service when as buyer he furnishes
the weight or measure; or       (4) sells, offers or exposes for
sale adulterated or mislabeled commodities. "Adulterated" means
varying from the standard of composition or quality prescribed by
or pursuant to any statute providing criminal penalties for such
variance, or set by established commercial usage. "Mislabeled"
means varying from the standard of truth or disclosure in
labeling prescribed by or pursuant to any statute providing
criminal penalties for such variance, or set by established
commercial usage; or

    (5) makes a false or misleading statement in any
advertisement addressed to the public or to a substantial segment
thereof for the purpose of promoting the purchase or sale of
property or services; or

    (6) makes a false or misleading written statement for the
purpose of obtaining property or credit; or

    (7) makes a false or misleading written statement for the
purpose of promoting the sale of securities, or omits information
required by law to be disclosed in written documents relating to
securities.

    It is an affirmative defense to prosecution under this
Section if the defendant proves by a preponderance of the
evidence that his conduct was not knowingly or recklessly
deceptive.

224.8.  Commercial Bribery and Breach of Duty to Act
Disinterestedly

    (1) A person commits a misdemeanor if he solicits, accepts
or agrees to accept any benefit as consideration for knowingly
violating or agreeing to violate a duty of fidelity to which he
is subject as:

    (a) partner, agent or employee of another;

    (b) trustee, guardian, or other fiduciary;

    (c) lawyer, physician, accountant, appraiser, or other
professional adviser or informant;


    (d) officer, director, manager or other participant in the
direction of the affairs of an incorporated or unincorporated
association; or

    (e) arbitrator or other purportedly disinterested
adjudicator or referee.

    (2) A person who holds himself out to the public as being
engaged in the business of making disinterested selection,
appraisal, or criticism of commodities or services commits a
misdemeanor if he solicits, accepts or agrees to accept any
benefit to influence his selection, appraisal or criticism.

    (3) A person commits a misdemeanor if he confers, or offers
or agrees to confer, any benefit the acceptance of which would be
criminal under this Section.

224.9. Rigging Publicly Exhibited Contest

    (1) A person commits a misdemeanor if, with purpose to
prevent a publicly exhibited contest from being conducted in
accordance with the rules and usages purporting to govern it, he:

    (a) confers or offers or agrees to confer any benefit upon,
or threatens any injury to a participant, official or other
person associated with the contest or exhibition; or

    (b) tampers with any person, animal or thing.

    (2) Soliciting or Accepting Benefit for Rigging.  A person
commits a misdemeanor if he knowingly solicits, accepts or agrees
to accept any benefit the giving of which would be criminal under
Subsection (1).

    (3) Participation in Rigged Contest.  A person commits a
misdemeanor if he knowingly engages in, sponsors, produces,
judges, or otherwise participates in a publicly exhibited contest
knowing that the contest is not being conducted in compliance
with the rules and usages purporting to govern it, by reason of
conduct which would be criminal under this Section.

224.10. Defrauding Secured Creditors

    A person commits a misdemeanor if he destroys, removes,
conceals, encumbers, transfers or otherwise deals with property
subject to a security interest with purpose to hinder enforcement
of that interest.

224.11. Fraud in Insolvency

    A person commits a misdemeanor if, knowing that proceedings
have been or are about to be instituted for the appointment of a
receiver or other person entitled to administer property for the
benefit of creditors, or that any other composition or
liquidation for the benefit of creditors has been or is about to
made, he:

    (a) destroys, removes, conceals, encumbers, transfers, or
otherwise deals with any property with purpose to defeat or
obstruct the claim of any creditor, or otherwise to obstruct the
operation of any law relating to administration of property for
the benefit of creditors; or

    (b) knowingly falsifies any writing or record relating to
the property; or

    (c) knowingly misrepresents or refuses to disclose to a
receiver or other person entitled to administer property for the
benefit of creditors, the existence, amount or location of the
property, or any other information which the actor could be
legally required to furnish in relation to such administration.

224.12. Receiving Deposits in a Failing Financial Institution

    An officer, manager or other person directing or
participating in the direction of a financial institution commits
a misdemeanor if he receives or permits the receipt of a deposit,
premium payment or other investment in the institution knowing
that:

    (1) due to financial difficulties the institution is about
to suspend operations or go into receivership or reorganization;
and

    (2) the person making the deposit or other payment is
unaware of the precarious situation of the institution.



224.13  Application of Entrusted Property and Property of
Government or Financial Institution

    A person commits an offense if he applies or disposes of
property that has been entrusted to him as a fiduciary, or
property of the government or of a financial institution, in a
manner which he knows is unlawful and involves substantial risk
of loss or detriment to the owner of the property or to a person
for whose benefit the property was entrusted. The offense is a
misdemeanor if the amount involved exceeds $50; otherwise it is a
petty misdemeanor. "Fiduciary" includes trustee, guardian,
executor, administrator, receiver and any person carrying on
fiduciary functions on behalf of a corporation or other
organization which is a fiduciary.

224.14. Securing Execution of Documents by Deception

    A person commits a misdemeanor if by deception he causes
another to execute any instrument affecting or purporting to
affect or likely to affect the pecuniary interest of any person.

OFFENSES AGAINST THE FAMILY

ARTICLE 230



OFFENSES AGAINST THE FAMILY

230.1. Bigamy and Polygamy

    (1) Bigamy. A married person is guilty of bigamy, a
misdemeanor, if he contracts or purports to contract another
marriage, unless at the time of the subsequent marriage:

    (a) the actor believes that the prior spouse is dead; or

    (b) the actor and the prior spouse have been living apart
for five consecutive years throughout which the prior spouse was
not known by the actor to be alive; or

    (c) a Court has entered a judgment purporting to terminate
or annul any prior disqualifying marriage, and the actor does not
know that judgment to be invalid; or

    (d) the actor reasonably believes that he is legally
eligible to remarry.

    (2) Polygamy.  A person is guilty of polygamy, a felony of
the third degree, if he marries or cohabits with more than one
spouse at a time in purported exercise of the right of plural
marriage. The offense is a continuing one until all cohabitation
and claim of marriage with more than one spouse terminates. This
section does not apply to parties to a polygamous marriage,
lawful in the country of which they are residents or nationals,
while they are in transit through or temporarily visiting this
State.

    (3) Other Party to Bigamous or Polygamous Marriage.  A
person is guilty of bigamy or polygamy, as the case may be, if he
contracts or purports to contract marriage with another knowing
that the other is thereby committing bigamy or polygamy.
230.2. Incest

    A person is guilty of incest, a felony of the third degree,
if he knowingly marries or cohabits or has sexual intercourse
with an ancestor or descendant, blood [or an uncle, aunt, nephew,
or niece of the whole blood]. "Cohabit" means to live appearance
of being married.  The relationships referred to herein include
blood relationships without regard to legitimacy, and
relationship of parent and child by adoption.

230.3. Abortion

    (1) Unjustified Abortion. A person who purposely and
unjustifiably terminates the pregnancy of another otherwise than
by a live birth commits a felony of the third degree or, where
the pregnancy has continued beyond the twenty-sixth week, a
felony of the second degree.

    (2) Justifiable Abortion. A licensed physician is justified
in terminating a pregnancy if he believes there is substantial
risk that continuance of the pregnancy would gravely impair the
physical or mental health of the mother or that the child would
be born with grave physical or mental defect, or that the
pregnancy resulted from rape, incest, or other felonious
intercourse. All illicit intercourse with a girl below the age of
16 shall be deemed felonious for purposes of this subsection.
Justifiable abortions shall be performed only in a licensed
hospital except in case of emergency when hospital facilities are
unavailable. [Additional exceptions from the requirement of
hospitalization may be incorporated here to take account of
situations in sparsely settled areas where hospitals are not
generally accessible.]

    (3) Physicians' Certificates; Presumption from
Non-Compliance. No abortion shall be performed unless two
physicians, one of whom may be the person performing the
abortion, shall have certified in writing the circumstances which
they believe to justify the abortion. Such certificate shall be
submitted before the abortion to the hospital where it is to be
performed and, in the case of abortion following felonious
intercourse, to the prosecuting attorney or the police. Failure
to comply with any of the requirements of this Subsection gives
rise to a presumption that the abortion was unjustified.

    (4) Self-Abortion. A woman whose pregnancy has continued
beyond the twenty-sixth week commits a felony of the third degree
if she purposely terminates her own pregnancy otherwise than by a
live birth, or if she uses instruments, drugs or violence upon
herself for that purpose. Except as justified under Subsection
(2), a person who induces or knowingly aids a woman to use
instruments, drugs or violence upon herself for the purpose of
terminating her pregnancy otherwise than by a live birth commits
a felony of the third degree whether or not the pregnancy has
continued beyond the twenty-sixth week.

    (5) Pretended Abortion. A person commits a felony of the
third degree if, representing that it is his purpose to perform
an abortion, he does an act adapted to cause abortion in a
pregnant woman although the woman is in fact not pregnant, or the
actor does not believe she is. A person charged with unjustified
abortion under Subsection (1) or an attempt to commit that
offense may be convicted thereof upon proof of conduct prohibited
by this Subsection.

    (6) Distribution of Abortifacients. A person who sells,
offers to sell, possesses with intent to sell, advertises, or
displays for sale anything specially designed to terminate a
pregnancy, or held out by the actor as useful for that purpose,
commits a misdemeanor, unless:

    (a) the sale, offer or display is to a physician or druggist
or to an intermediary in a chain of distribution to physicians or
druggists; or

    (b) the sale is made upon prescription or order of a
physician; or

    (c) the possession is with intent to sell as authorized in
paragraphs (a) and (b); or

    (d) the advertising is addressed to persons named in
paragraph (a) and confined to trade or professional channels not
likely to reach the general public.

    (7) Section Inapplicable to Prevention of Pregnancy. Nothing
in this Section shall be deemed applicable to the prescription,
administration or distribution of drugs or other substances for
avoiding pregnancy, whether by preventing implantation of a
fertilized ovum or by any other method that operates before, at
or immediately after fertilization.

230.4. Endangering Welfare of Children

    A parent, guardian, or other person supervising the welfare
of a child under 18 commits a misdemeanor if he knowingly
endangers the child's welfare by violating a duty of care,
protection or support.

230.5 Persistent Non-Support

    A person commits a misdemeanor if he persistently fails to
provide support which he can provide and which he knows he is
legally obliged to provide to a spouse, child or other dependent.

OFFENSES AGAINST PUBLIC ADMINISTRATION

ARTICLE 240

BRIBERY AND CORRUPT INFLUENCE

240.0. Definitions

    In Articles 240-243, unless a different meaning plainly is
required:

    (1) "benefit" means gain or advantage, or anything regarded
by the beneficiary as gain or advantage, including benefit to any
other person or entity in whose welfare he is interested, but not
an advantage promised generally to a group or class of voters as
a consequence of public measures which a candidate engages to
support or oppose;

    (2) "government" includes any branch, subdivision or agency
of the government of the State or any locality within it;

    (3) "harm" means loss, disadvantage or injury, or anything
so regarded by the person affected, including loss, disadvantage
or injury to any other person or entity in whose welfare he is
interested;

    (4) "official proceeding" means a proceeding heard or which
may be heard before any legislative, judicial, administrative or
other governmental agency or official authorized to take evidence
under oath, including any referee, hearing examiner,
commissioner, notary or other person taking testimony or
deposition in connection with any such proceeding;

    (5) "party official" means a person who holds an elective or
appointive post in a political party in the United States by
virtue of which he directs or conducts, or participates in
directing or conducting party affairs at any level of
responsibility;

    (6) "pecuniary benefit" is benefit in the form of money,
property, commercial interests or anything else the primary
significance of which is economic gain;

    (7) "public servant" means any officer or employee of
government, including legislators and judges, and any person
participating as juror, advisor, consultant or otherwise, in
performing a governmental function; but the term does not include
witnesses;

    (8) "administrative proceeding" means any proceeding, other
than a judicial proceeding, the outcome of which is required to
be based on a record or documentation prescribed by law, or in
which law or regulation is particularized in application to
individuals.

240.1. Bribery in Official and Political Matters

    A person is guilty of bribery, a felony of the third degree,
if he offers, confers or agrees to confer upon another, or
solicits, accepts or agrees to accept from another:

    (1) any pecuniary benefit as consideration for the
recipient's decision, opinion, recommendation, vote or other
exercise of discretion as a public servant, party official or
voter; or

    (2) any benefit as consideration for the recipient's
decision, vote, recommendation or other exercise of official
discretion in a judicial or administrative proceeding; or

    (3) any benefit as consideration for a violation of a known
legal duty as public servant or party official.

    It is no defense to prosecution under this section that a
person whom the actor sought to influence was not qualified to
act in the desired way whether because he had not yet assumed
office, or lacked jurisdiction, or for any other reason.

240.2. Threats and Other Improper Influence in Official and
Political Matters

    (1) Offenses Defined. A person commits an offense if he:

    (a) threatens unlawful harm to any person with purpose to
influence his decision, opinion, recommendation, vote or other
exercise of discretion as a public servant, party official or
voter; or

    (b) threatens harm to any public servant with purpose to
influence his decision, opinion, recommendation, vote or other
exercise of discretion in a judicial or administrative
proceeding; or

    (c) threatens harm to any public servant or party official
with purpose to influence him to violate his known legal duty; or

    (d) privately addresses to any public servant who has or
will have an official discretion in a judicial or administrative
proceeding any representation, entreaty, argument or other
communication with purpose to influence the outcome on the basis
of considerations other than those authorized by law.

    It is no defense to prosecution under this Section that a
person whom the actor sought to influence was not qualified to
act in the desired way, whether because he had not yet assumed
office, or lacked jurisdiction, or for any other reason.

    (2) Grading. An offense under this Section is a misdemeanor
unless the actor threatened to commit a crime or made a threat
with purpose to influence a judicial or administrative
proceeding, in which cases the offense is a felony of the third
degree

240.3. Compensation for Past Official Behavior

    A person commits a misdemeanor if he solicits, accepts or
agrees to accept any pecuniary benefit as compensation for
having, as public servant, given a decision, opinion,
recommendation or vote favorable to another, or for having
otherwise exercised a discretion in his favor, or for having
violated his duty. A person commits a misdemeanor if he offers,
confers or agrees to confer compensation acceptance of which is
prohibited by this Section.

240.4. Retaliation for Past Official Action

    A person commits a misdemeanor if he harms another by any
unlawful act in retaliation for anything lawfully done by the
latter in the capacity of public servant.

240.5. Gifts to Public Servants by Persons Subject to Their
Jurisdiction

    (1) Regulatory and Law Enforcement Officials. No public
servant in any department or agency exercising regulatory
functions, or conducting inspections or investigations, or
carrying on civil or criminal litigation on behalf of the
government, or having custody of prisoners, shall solicit, accept
or agree to accept any pecuniary benefit from a person known to
be subject to such regulation, inspection, investigation or
custody, or against whom such litigation is known to be pending
or contemplated.

    (2) Officials Concerned with Government Contracts and
Pecuniary Transactions.  No public servant having any
discretionary function to perform in connection with contracts,
purchases, payments, claims or other pecuniary transactions of
the government shall solicit, accept or agree to accept any
pecuniary benefit from any person known to be interested in or
likely to become interested in any such contract, purchase,
payment, claim or transaction.

    (3) Judicial and Administrative Officials. No public servant
having judicial or administrative authority and no public servant
employed by or in a court or other tribunal having such
authority, or participating in the enforcement of its decisions,
shall solicit, accept or agree to accept any pecuniary benefit
from a person known to be interested in or likely to become
interested in any matter before such public servant or a tribunal
with which he is associated.

    (4) Legislative Officials.  No legislator or public servant
employed by the legislature or by any committee or agency thereof
shall solicit, accept or agree to accept any pecuniary benefit
from any person known to be interested in a bill, transaction or
proceeding, pending or contemplated, before the legislature or
any committee or agency thereof.

    (5) Exceptions.  This Section shall not apply to:

    (a) fees prescribed by law to be received by a public
servant, or any other benefit for which the recipient gives
legitimate consideration or to which he is otherwise legally
entitled; or

    (b) gifts or other benefits conferred on account of kinship
or other personal, professional or business relationship
independent of the official status of the receiver; or

    (c) trivial benefits incidental to personal, professional or
business contacts and involving no substantial risk of
undermining official impartiality.

    (6) Offering Benefits Prohibited. No person shall knowingly
confer, or offer or agree to confer, any benefit prohibited by
the foregoing Subsections.

    (7) Grade of Offense. An offense under this Section is a
misdemeanor.

240.6. Compensating Public Servant for Assisting Private
Interests in Relation to Matters Before Him

    (1) Receiving Compensation. A public servant commits a
misdemeanor if he solicits, accepts or agrees to accept
compensation for advice or other assistance in preparing or
promoting a bill, contract, claim, or other transaction or
proposal as to which he knows that he has or is likely to have an
official discretion to exercise.

    (2) Paying Compensation. A person commits a misdemeanor if
he pays or offers or agrees to pay compensation to a public
servant with knowledge that acceptance by the public servant is
unlawful.

240.7. Selling Political Endorsement; Special Influence

    (1) Selling Political Endorsement. A person commits a
misdemeanor if he solicits, receives, agrees to receive, or
agrees that any political party or other person shall receive,
any pecuniary benefit as consideration for approval or
disapproval of an appointment or advancement in public service,
or for approval or disapproval of any person or transaction for
any benefit conferred by an official or agency of government.
"Approval" includes recommendation, failure to disapprove, or any
other manifestation of favor or acquiescence. "Disapproval"
includes failure to approve, or any other manifestation of
disfavor or nonacquiescence.

    (2) Other Trading in Special Influence. A person commits a
misdemeanor if he solicits, receives or agrees to receive any
pecuniary benefit as consideration for exerting special influence
upon a public servant or procuring another to do so. "Special
influence" means power to influence through kinship, friendship
or other relationship, apart from the merits of the transaction.

    (3) Paying for Endorsement or Special Influence. A person
commits a misdemeanor if he offers, confers or agrees to confer
any pecuniary benefit receipt of which is prohibited by this
Section.

ARTICLE 241
PERJURY AND OTHER FALSIFICATION IN OFFICIAL MATTERS

241.0. Definitions

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

    (1) the definitions given in Section 240.0 apply; and

    (2) "statement" means any representation, but includes a
representation of opinion, belief or other state of mind only if
the representation clearly relates to state of mind apart from or
in addition to any facts which are the subject of the
representation.

241.1. Perjury

    (1) Offense Defined. A person is guilty of perjury, a felony
of the third degree, if in any official proceeding he makes a
false statement under oath or equivalent affirmation, or swears
or affirms the truth of a statement previously made, when the
statement is material and he does not believe it to be true.

    (2) Materiality. Falsification is material, regardless of
the admissibility of the statement under rules of evidence, if it
could have affected the course or outcome of the proceeding. It
is no defense that the declarant mistakenly believed the
falsification to be immaterial. Whether a falsification is
material in a given factual situation is a question of law.

    (3) Irregularities No Defense. It is not a defense to
prosecution under this Section that the oath or affirmation was
administered or taken in an irregular manner or that the
declarant was not competent to make the statement. A document
purporting to be made upon oath or affirmation at any time when
the actor presents it as being so verified shall be deemed to
have been duly sworn or affirmed.

    (4) Retraction. No person shall be guilty of an offense
under this Section if he retracted the falsification in the
course of the proceeding in which it was made before it became
manifest that the falsification was or would be exposed and
before the falsification substantially affected the proceeding.

    (5) Inconsistent Statements. Where the defendant made
inconsistent statements under oath or equivalent affirmation,
both having been made within the period of the statute of
limitations, the prosecution may proceed by setting forth the
inconsistent statements in a single count alleging in the
alternative that one or the other was false and not believed by
the defendant. In such case it shall not be necessary for the
prosecution to prove which statement was false but only that one
or the other was false and not believed by the defendant to be
true.

    (6) Corroboration. No person shall be convicted of an
offense under this Section where proof of falsity rests solely
upon contradiction by testimony of a single person other than the
defendant.

241.2. False Swearing

    (1) False Swearing in Official Matters. A person who makes a
false statement under oath or equivalent affirmation, or swears
or affirms the truth of such a statement previously made, when he
does not believe the statement to be true, is guilty of a
misdemeanor if:

    (a) the falsification occurs in an official proceeding; or

    (b) the falsification is intended to mislead a public
servant in performing his official function.

    (2) Other False Swearing. A person who makes a false
statement under oath or equivalent affirmation, or swears or
affirms the truth of such a statement previously made, when he
does not believe the statement to be true, is guilty of a petty
misdemeanor, if the statement is one which is required by law to
sworn or affirmed before a notary or other person authorized to
administer oaths.

    (3) Perjury Provisions Applicable. Subsections (3) to (6) of
Section 241.1 apply to the present Section.

241.3. Unsworn Falsification to Authorities

    (1) In General. A person commits a misdemeanor if, with
purpose to mislead a public servant in performing his official
function, he:

    (a) makes any written false statement which he does not
believe to be true; or

    (b) purposely creates a false impression in a written
application for any pecuniary or other benefit, by omitting
information necessary to prevent statements therein from being
misleading; or

    (c) submits or invites reliance on any writing which he
knows to be forged, altered or otherwise lacking in authenticity;
or

    (d) submits or invites reliance on any sample, specimen,
map, boundary-mark, or other object which he knows to be false.

    (2) Statements "Under Penalty." A person commits a petty
misdemeanor if he makes a written false statement which he does
not believe to be true, on or pursuant to a form bearing notice,
authorized by law, to the effect that false statements made
therein are punishable.

    (3) Perjury Provisions Applicable. Subsections (3) to (6) of
Section 241.1 apply to the present section.

241.4  False Alarms to Agencies of Public Safety

    A person who knowingly causes a false alarm of fire or other
emergency to be transmitted to or within any organization,
official or volunteer, for dealing with emergencies involving
danger to life or property commits a misdemeanor.

241.5. False Reports to Law Enforcement Authorities

    (1) Falsely Incriminating Another. A person who knowingly
gives false information to any law enforcement officer with
purpose to implicate another commits a misdemeanor.

    (2) Fictitious Reports. A person commits a petty misdemeanor
if he:

    (a) reports to law enforcement authorities an offense or
other incident within their concern knowing that it did not
occur; or

    (b) pretends to furnish such authorities with information
relating to an offense or incident when he knows he has no
information relating to such offense or incident.

241.6. Tampering With Witnesses and Informants; Retaliation
Against Them

    (1) Tampering. A person commits an offense if, believing
that an official proceeding or investigation is pending or about
to be instituted, he attempts to induce or otherwise cause a
witness or informant to:

    (a) testify or inform falsely; or

    (b) withhold any testimony, information, document or thing;
or

    (c) elude legal process summoning him to testify or supply
evidence; or

    (d) absent himself from any proceeding or investigation to
which he has been legally summoned.

    The offense is a felony of the third degree if the actor
employs force, deception, threat or offer of pecuniary benefit.
Otherwise it is a misdemeanor.

    (2) Retaliation Against Witness or Informant. A person
commits a misdemeanor if he harms another by any unlawful act in
retaliation for anything lawfully done in the capacity of witness
or informant.

    (3) Witness or Informant Taking Bribe. A person commits a
felony of the third degree if he solicits, accepts or agrees to
accept any benefit in consideration of his doing any of the
things specified in clauses (a) to (d) of Subsection (1).

241.7. Tampering With or Fabricating Physical Evidence

    A person commits a misdemeanor if, believing that an
official proceeding or investigation is pending or about to be
instituted, he:

    (1) alters, destroys, conceals or removes any record,
document or thing with purpose to impair its verity or
availability in such proceeding or investigation; or

    (2) makes, presents or uses any record, document or thing
knowing it to be false and with purpose to mislead a public
servant who is or may be engaged in such proceeding or
investigation.

241.8. Tampering With Public Records or Information

    (1) Offense Defined. A person commits an offense if he:

    (a) knowingly makes a false entry in, or false alteration
of, any record, document or thing belonging to, or received or
kept by, the government for information or record, or required by
law to be kept by others for information of the government; or

    (b) makes, presents or uses any record, document or thing
knowing it to be false, and with purpose that it be taken as a
genuine part of information or records referred to in paragraph
(a); or

    (c) purposely and unlawfully destroys, conceals, removes or
otherwise impairs the verity or availability of any such record,
document or thing.

    (2) Grading. An offense under this Section is a misdemeanor
unless the actor's purpose is to defraud or injure anyone, in
which case the offense is a felony of the third degree.

241.9. Impersonating a Public Servant

    A person commits a misdemeanor if he falsely pretends to
hold a position in the public service with purpose to induce
another to submit to such pretended official authority or
otherwise to act in reliance upon that pretense to his prejudice.

ARTICLE 242
OBSTRUCTING GOVERNMENTAL OPERATIONS; ESCAPES

242.0. Definitions

    In this Article, unless another meaning plainly is required,
the definitions given in Section 240.0 apply.

242.1. Obstructing Administration of Law or Other Governmental
Function

    A person commits a misdemeanor if he purposely obstructs,
impairs or perverts the administration of law or other
governmental function by force, violence, physical interference
or obstacle, breach of official duty, or any other unlawful act,
except that this Section does not apply to flight by a person
charged with crime, refusal to submit to arrest, failure to
perform a legal duty other than an official duty, or any other
means of avoiding compliance with law without affirmative
interference with governmental functions.

242.2. Resisting Arrest or Other Law Enforcement

    A person commits a misdemeanor if, for the purpose of
preventing a public servant from effecting a lawful arrest or
discharging any other duty, the person creates a substantial risk
of bodily injury to the public servant or anyone else, or employs
means justifying or requiring substantial force to overcome the
resistance.

242.3. Hindering Apprehension or Prosecution

    A person commits an offense if, with purpose to hinder the
apprehension, prosecution, conviction or punishment of another
for crime, he:

    (1) harbors or conceals the other; or

    (2) provides or aids in providing a weapon, transportation,
disguise or other means of avoiding apprehension or effecting
escape; or

    (3) conceals or destroys evidence of the crime, or tampers
with a witness, informant, document or other source of
information, regardless of its admissibility in evidence; or

    (4) warns the other of impending discovery or apprehension,
except that this paragraph does not apply to a warning given in
connection with an effort to bring another into compliance with
law; or

    (5) volunteers false information to a law enforcement
officer.

    The offense is a felony of the third degree if the conduct
which the actor knows has been charged or is liable to be charged
against the person aided would constitute a felony of the first
or second degree. Otherwise it is a misdemeanor.

242.4. Aiding Consummation of Crime

    A person commits an offense if he purposely aids another to
accomplish an unlawful object of a crime, as by safeguarding the
proceeds thereof or converting the proceeds into negotiable
funds. The offense is a felony of the third degree if the
principal offense was a felony of the first or second degree.
Otherwise it is a misdemeanor.

242.5. Compounding

    A person commits a misdemeanor if he accepts or agrees to
accept any pecuniary benefit in consideration of refraining from
reporting to law enforcement authorities the commission or
suspected commission of any offense or information relating to an
offense. It is an affirmative defense to prosecution under this
Section that the pecuniary benefit did not exceed an amount which
the actor believed to be due as restitution or indemnification
for harm caused by the offense.

242.6. Escape

    (1) Escape.  A person commits an offense if he unlawfully
removes himself from official detention or fails to return to
official detention following temporary leave granted for a
specific purpose or limited period. "Official detention" means
arrest, detention in any facility for custody of persons under
charge or conviction of crime or alleged or found to be
delinquent, detention for extradition or deportation, or any
other detention for law enforcement purposes; but "official
detention" does not include supervision of probation or parole,
or constraint incidental to release on bail.

    (2) Permitting or Facilitating Escape. A public servant
concerned in detention commits an offense if he knowingly or
recklessly permits an escape. Any person who knowingly causes or
facilitates an escape commits an offense.

    (8) Effect of Legal Irregularity in Detention. Irregularity
in bringing about or maintaining detention, or lack of
jurisdiction of the committing or detaining authority, shall not
be a defense to prosecution under this Section if the escape is
from a prison or other custodial facility or from detention
pursuant to commitment by official proceedings. In the case of
other detentions, irregularity or lack of jurisdiction shall be a
defense only if:

    (a) the escape involved no substantial risk of harm to the
person or property of anyone other than the detainee; or

    (b) the detaining authority did not act in good faith under
color of law.

    (4) Grading of Offenses. An offense under this Section is a
felony of the third degree where:

    (a) the actor was under arrest for or detained on a charge
of felony or following conviction of crime; or

    (b) the actor employs force, threat, deadly weapon or other
dangerous instrumentality to effect the escape; or

    (c) a public servant concerned in detention of persons
convicted of crime purposely facilitates or permits an escape
from a detention facility.

Otherwise an offense under this section is a misdemeanor.

242.7. Implements for Escape; Other Contraband

    (1) Escape Implements.  A person commits a misdemeanor if he
unlawfully introduces within a detention facility, or unlawfully
provides an inmate with, any weapon, tool or other thing which
may be useful for escape. An inmate commits a misdemeanor if he
unlawfully procures, makes, or otherwise provides himself with,
or has in his possession, any such implement of escape.
"Unlawfully" means surreptitiously or contrary to law, regulation
or order of the detaining authority.

    (2) Other Contraband. A person commits a petty misdemeanor
if he provides an inmate with anything which the actor knows it
is unlawful for the inmate to possess.

242.8. Bail Jumping; Default in Required Appearance

    A person set at liberty by court order, with or without
bail, upon condition that he will subsequently appear at a
specified time and place, commits a misdemeanor if, without
lawful excuse, he fails to appear at that time and place. The
offense constitutes a felony of the third degree where the
required appearance was to answer to a charge of felony, or for
disposition of any such charge, and the actor took flight or went
into hiding to avoid apprehension, trial or punishment. This
Section does not apply to obligations to appear incident to
release under suspended sentence or on probation or parole.

ARTICLE 243

ABUSE OF OFFICE

243.0. Definitions

    In this Article, unless a different meaning plainly is
required, the definitions given in Section 240.0 apply.

243.1. Official Oppression

    A person acting or purporting to act in an official capacity
or taking advantage of such actual or purported capacity commits
a misdemeanor if, knowing that his conduct is illegal, he:

    (a) subjects another to arrest, detention, search, seizure,
mistreatment, dispossession, assessment, lien or other
infringement of personal or property rights; or

    (b) denies or impedes another in the exercise or enjoyment
of any right, privilege, power or immunity.

243.2. Speculating or Wagering on Official Action or Information

    A public servant commits a misdemeanor if, in contemplation
of official action by himself or by a governmental unit with
which he is associated, or in reliance on information to which he
has access in his official capacity and which has not been made
public, he:

    (1) acquires a pecuniary interest in any property,
transaction or enterprise which may be affected by such
information or official action; or

    (2) speculates or wagers on the basis of such information or
official action; or

    (3) aids another to do any of the foregoing.

OFFENSES AGAINST PUBLIC ORDER AND DECENCY

ARTICLE 250
RIOT, DISORDERLY CONDUCT, AND RELATED OFFENSES

250.1. Riot; Failure to Disperse

    (1) Riot.  A person is guilty of riot, a felony of the third
degree, if he participates with [two] or more others in a course
of disorderly conduct:

    (a) with purpose to commit or facilitate the commission of a
felony or misdemeanor;

    (b) with purpose to prevent or coerce official action; or

    (c) when the actor or any other participant to the knowledge
of the actor uses or plans to use a firearm or other deadly
weapon.

    (2) Failure of Disorderly Persons to Disperse Upon Official
Order. Where [three] or more persons are participating in a
course of disorderly conduct likely to cause substantial harm or
serious inconvenience, annoyance or alarm, a peace officer or
other public servant engaged in executing or enforcing the law
may order the participants and others in the immediate vicinity
to disperse. A person who refuses or knowingly fails to obey such
an order commits a misdemeanor.

250.2. Disorderly Conduct

    (1) Offense Defined. A person is guilty of disorderly
conduct if, with purpose to cause public inconvenience, annoyance
or alarm, or recklessly creating a risk thereof, he:

    (a) engages in fighting or threatening, or in violent or
tumultuous behavior; or

    (b) makes unreasonable noise or offensively coarse
utterance, gesture or display, or addresses abusive language to
any person present; or

    (c) creates a hazardous or physically offensive condition by
any act which serves no legitimate purpose of the actor.

    "Public" means affecting or likely to affect persons in a
place to which the public or a substantial group has access;
among the places included are highways, transport facilities,
schools, prisons, apartment houses, places of business or
amusement, or any neighborhood.

    (2) Grading. An offense under this section is a petty
misdemeanor if the actor's purpose is to cause substantial harm
or serious inconvenience, or if he persists in disorderly conduct
after reasonable warning or request to desist. Otherwise
disorderly conduct is a violation.

250.3. False Public Alarms

    A person is guilty of a misdemeanor if he initiates or
circulates a report or warning of an impending bombing or other
crime or catastrophe, knowing that the report or warning is false
or baseless and that it is likely to cause evacuation of a
building, place of assembly, or facility of public transport, or
to cause public inconvenience or alarm.
250.4. Harassment

    A person commits a petty misdemeanor if, with purpose to
harass another, he:

    (1) makes a telephone call without purpose of legitimate
communication; or

    (2) insults, taunts or challenges another in a manner likely
to provoke violent or disorderly response; or

    (3) makes repeated communications anonymously or at
extremely inconvenient hours, or in offensively coarse language;
or

    (4) subjects another to an offensive touching; or

    (5) engages in any other course of alarming conduct serving
no legitimate purpose of the actor.

250.5. Public Drunkenness; Drug Incapacitation

    A person is guilty of an offense if he appears in any public
place manifestly under the influence of alcohol, narcotics or
other drug, not therapeutically administered, to the degree that
he may endanger himself or other persons or property, or annoy
persons in his vicinity. An offense under this Section
constitutes a petty misdemeanor if the actor has been convicted
hereunder twice before within a period of one year. Otherwise the
offense constitutes a violation.

250.6. Loitering or Prowling

    A person commits a violation if he loiters or prowls in a
place, at a time, or in a manner not usual for law-abiding
individuals under circumstances that warrant alarm for the safety
of persons or property in the vicinity. Among the circumstances
which may be considered in determining whether such alarm is
warranted is the fact that the actor takes flight upon appearance
of a peace officer, refuses to identify himself, or manifestly
endeavors to conceal himself or any object. Unless flight by the
actor or other circumstance makes it impracticable, a peace
officer shall prior to any arrest for an offense under this
section afford the actor an opportunity to dispel any alarm which
would otherwise be warranted, by requesting him to identify
himself and explain his presence and conduct. No person shall be
convicted of an offense under this Section if the peace officer
did not comply with the preceding sentence, or if it appears at
trial that the explanation given by the actor was true and, if
believed by the peace officer at the time, would have dispelled
the alarm.

250.7. Obstructing Highways and Other Public Passages

    (1) A person, who, having no legal privilege to do so,
purposely or recklessly obstructs any highway or other public
passage, whether alone or with others, commits a violation, or,
in case he persists after warning by a law officer, a petty
misdemeanor. "Obstructs" means renders impassable without
unreasonable inconvenience or hazard. No person shall be deemed
guilty of recklessly obstructing in violation of this Subsection
solely because of a gathering of persons to hear him speak or
otherwise communicate, or solely because of being a member of
such a gathering.

    (2) A person in a gathering commits a violation if he
refuses to obey a reasonable official request or order to move:

    (a) to prevent obstruction of a highway or other public
passage; or

    (b) to maintain public safety by dispersing those gathered
in dangerous proximity to a fire or other hazard.

An order to move, addressed to a person whose speech or other
lawful behavior attracts an obstructing audience, shall not be
deemed reasonable if the obstruction can be readily remedied by
police control of the size or location of the gathering.

250.8. Disrupting Meetings and Processions

    A person commits a misdemeanor if, with purpose to prevent
or disrupt a lawful meeting, procession or gathering, he does any
act tending to obstruct or interfere with it physically, or makes
any utterance, gesture or display designed to outrage the
sensibilities of the group.

250.9. Desecration of Venerated Objects

    A person commits a misdemeanor if he purposely desecrates
any public monument or structure, or place of worship or burial,
or if he purposely desecrates the national flag or any other
object of veneration by the public or a substantial segment
thereof in any public place. "Desecrate" means defacing,
damaging, polluting or otherwise physically mistreating in a way
that the actor knows will outrage the sensibilities of persons
likely to observe or discover his action.

250.10. Abuse of Corpse

    Except as authorized by law, a person who treats a corpse in
a way that he knows would outrage ordinary family sensibilities
commits a misdemeanor.

250.11. Cruelty to Animals

  A person commits a misdemeanor if he purposely or recklessly:

    (1) subjects any animal to cruel mistreatment; or

    (2) subjects any animal in his custody to cruel neglect; or