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Classification of Offenses, Severity of Offense Scale, and Disciplinary Offense Scale

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Classification of Offenses, Severity of Offense Scale, and Disciplinary Offense Scale Classification of Offenses, Severity of Offense Scale, and Disciplinary Offense Scale Classification of Offenses 1. CLASSIFICATION OF OFFENSES Offenses are designated as misdemeanors or felonies: A. CLASSIFICATION OF MISDEMEANORS Misdemeanors are classified according to the relative seriousness of the offense into three categories: 1. Class A Misdemeanor : MA Punished By: A. Fine not to exceed $4,000; B. Confinement in jail for a term not to exceed one year; or C. Both such fine and imprisonment. 2. Class B Misdemeanor : MB Punished By: A. A fine not to exceed $2,000; B. Confinement in jail for a term not to exceed 180 days; or C. Both such fine and imprisonment. 3. Class C Misdemeanor : MC Punished By: A. A fine not to exceed $500. B. CLASSIFICATION OF FELONIES Felonies are classified according to the relative seriousness of the offense into five categories: 1. Capital Felony : FC Punished By: A. An individual adjudged guilty of a capital felony in a case in which the state seeks the death penalty shall be punished by confinement in the institutional division for life or by death. An individual adjudged guilty of a capital felony in a case in which the state does not seek the death penalty shall be punished by confinement in the institutional division for life. B. In a capital felony trial in which the state seeks the death penalty, prospective jurors shall be informed that a sentence of life imprisonment or death is mandatory on conviction of a capital felony. In a capital felony trial in which the state does not seek the death penalty, prospective jurors shall be informed that the state is not seeking the death penalty and that a sentence of life imprisonment is mandatory on conviction of the capital felony. Classification of Offenses (cont) B. CLASSIFICATION OF FELONIES (continued) 2. First Degree Felony : F1 Punished By: A. Confinement in the institutional division for life or for any term not more that 99 years or less than 5 years; and B. A fine not to exceed $10,000. 3. Second Degree Felony : F2 Punished By: A. Confinement in the institutional division for life or for any term not more that 20 years or less than 2 years; and B. A fine not to exceed $10,000. 4. Third Degree Felony : F3 Punished By: A. Confinement in the institutional division for life or for any term not more that 10 years or less than 2 years; B. A fine not to exceed $10,000; and 5. State Jail Felony Punishment : FS Punished By: A. An individual adjudged guilty of a state jail felony shall be punished by confinement in a state jail for any term of not more than 2 years or less than 180 days; B. A fine not to exceed $10,000; C. Punished for a third degree felony if it is shown that a deadly weapon was used or exhibited during the commission of the offense or during immediate flight following the commission of the offense. Severity of Offense Scale The Severity of Offense Scale is a listing of offenses addressed in the Penal Code. The offenses are ranked according to their severity. Revised 2/21/2008 Assaultive Charges are listed in BOLD text. Decision Tree System will need to verify whether the charge is Felony or Misd. OFFENSE SCALE SECTION CLASSIFICATION SEVERITY ABANDON ENDANGER CHILD CRIMINAL NEGLIGENCE 22.041 FS MODERATE ABANDON ENDANGER CHILD IMMINENT DANGER BODILY INJ 22.041 F2 HIGHEST ABANDON ENDANGER CHILD W/INTENT TO RETURN 22.041 FS MODERATE ABANDON ENDANGER CHILD W/NO INTENT TO RETURN 22.041 F3 HIGH ABANDON OF ASSUMED BUSINESS/PROFESSIONAL NAME BCC MA LOW ABUSE OF CORPSE WITHOUT LEGAL AUTHORITY 42.08 MA MODERATE ABUSE OF OFFICIAL CAPACITY 39.01 MA MODERATE ABUSE OF OFFICIAL CAPACITY = > $500 < $1,500 39.02 MA MODERATE ABUSE OF OFFICIAL CAPACITY = > $1,500 < 20K 39.02 FS HIGH ABUSE OF OFFICIAL CAPACITY = > $ 100K < $200K 39.02 F2 HIGH ABUSE OF OFFICIAL CAPACITY = > $20 < $500 39.02 MB MODERATE ABUSE OF OFFICIAL CAPACITY = > $200K 39.02 F1 HIGHEST ABUSE OF OFFICIAL CAPACITY = > $20K < $100K 39.02 F3 HIGH ACCEPT CONTRIBUTION OF CASH > $100 EC MA LOW ACCEPT HONORARIUM 36.07 MA LOW ACCEPT REBATE ON TEXTBOOKS EDC MB LOW ACCEPT UNLAWFUL BENEFIT FROM ABC VIOLATION ABC M* LOW ACCIDENT BOATING PWC MA MODERATE ACCIDENT BOATING DEATH/SERIOUS BODILY INJURY PWC F* HIGH ACCIDENT INVOLVING DAMAGE TO VEHICLE > $200 TRC MB LOW ACCIDENT INVOLVING INJURY/DEATH TRC F* HIGH ACCIDENT REPORT FALSE INFORMATION TRC M* LOW ACQUISITION OF ALL/PART OF BUSINESS VIOLATION LC MA LOW ACQUISITION OF BEVERAGE RESALE FROM OTHER LICENSEE ABC MA LOW ACT PROHIBIT DURING CANCEL/SUSPEND LICENSE ABC M* LOW ACT PROHIBIT DURING PERMIT SUSPENSION ABC M* LOW ACT W/INSURANCE AGENT WHOLESALE LIC IS REVOKED IC F* LOW ACUPUNCTURE ACT W/OUT LICENSE OC F3 LOW ADJUTANT GENERAL ILLEGAL RELEASE OF CELL GC M* LOW ADMINISTRATION OF MEDICATION TO RESIDENT HSC MB LOW ADOPTION OF RULES PUBLIC POWERS WC M* LOW ADVERTISE CREDIT SERVICES W/OUT REG STATEMENT FNC MB LOW ADVERTISE PLACEMENT CHILD 25.09 MA MODERATE ADVERTISE PLACEMENT CHILD W/PREVIOUS CONVICTION 25.09 F3 HIGH AFFIDAVIT AND AFSTENTION FROM VOTING REQUIRED LGC MA LOW AFFIDAVIT REQUIRED/LABOR/CONSTRUCTION MATTER PRC MA LOW AFFIXING TAX STAMP TO CIGARETTES TC MA LOW AGENT ISSUE DUPLICATE ORDER BILL OF LADING BCC F* LOW AGENT ISSUE FRAUDULENT BILL OF LADING BCC F* LOW AGG ASSAULT AGAINST PUBLIC SERVANT 22.02 F1 HIGHEST AGG ASSAULT AGAINST SECURITY OFFICER 22.02 F1 HIGHEST AGG ASSAULT BY PUBLIC SERVANT 22.02 F1 HIGHEST AGG ASSAULT CAUSES SERIOUS BODILY INJURY 22.02 F2 HIGHEST AGG ASSAULT DATE/FAMILY/HOUSE W/WEAPON 22.02 F1 HIGHEST AGG ASSAULT IN RETALIATION 22.02 F1 HIGHEST AGG ASSAULT W/DEADLY WEAPON 22.02 F2 HIGHEST AGG KIDNAPPING 22.04 F1 HIGHEST AGG KIDNAPPING BI/SEXUAL ABUSE 20.04 F1 HIGHEST AGG KIDNAPPING BI/SEXUAL ABUSE SAFE RELEASE 20.04 F2 HIGHEST AGG KIDNAPPING FACILITATE 20.04 F1 HIGHEST AGG KIDNAPPING FACILITATE SAFE RELEASE 20.04 F2 HIGHEST AGG KIDNAPPING FOR RANSOM/REWARD 20.04 F1 HIGHEST AGG KIDNAPPING FOR RANSOM/REWARD SAFE RELEASE 20.04 F2 HIGHEST AGG KIDNAPPING INTERFERE PERFORMANCE 20.04 F1 HIGHEST AGG KIDNAPPING INTERFERE PERFORMANCE SAFE RELEASE 20.04 F2 HIGHEST AGG KIDNAPPING RELEASE VICTIM SAFEPLACE 20.04 F2 HIGHEST AGG KIDNAPPING TERRORIZE 20.04 F1 HIGHEST AGG KIDNAPPING TERRORIZE SAFE RELEASE 20.04 F2 HIGHEST AGG KIDNAPPING USE AS SHIELD/HOSTAGE 20.04 F1 HIGHEST AGG KIDNAPPING USE AS SHIELD/HOSTAGE SAFE RELEASE 20.04 F2 HIGHEST AGG PERJURY 37.03 F3 LOW AGG PROMOTION OF PROSTITUTION 43.04 F3 MODERATE AGG ROBBERY 29.03 F1 HIGHEST AGG SEXUAL ASSAULT 22.021 F1 HIGHEST AGG SEXUAL ASSAULT CHILD 22.021 F1 HIGHEST AGG SEXUAL ASSAULT OF ELDERLY/DISABLED PERSON 22.021 F1 HIGHEST AGREEMENT TO ABDUCT FROM CUSTODY 25.031 FS HIGH AIDING SUICIDE/SBI 22.08 FS HIGH AIR CONDITIONING/REFRIGERATION CONTRACTOR LICENSE VCS MB LOW ALCOHOLIC BEVERAGE IN DRY AREA ABC MB LOW ALCOHOLIC BEVERAGE IN DRY AREA 2+ TIMES ABC FS MODERATE AMUSEMENT RIDE SAFETY INSPECTION OC MB LOW ANIMAL IDENTIFICATION PROGRAM ORDER ENH AG MB LOW ANNUITY INVEST FOR PUBLIC EMPLYEES VIOLATION VCS MA LOW APPROPRIATION PROCEEDS SALES BY AUCTION COMMS AGC M* LOW APPROPRIATION PROCEEDS SALES BY COMMS MERCHANT AGC F* MODERATE AREA QUARANTINE COMMUNICABLE DISEASE HSC F3 LOW AREA QUARANTINE FOR ENVIROMENTAL/TOXIC AGENT HSC F3 LOW ARSON 28.02 F2 HIGHEST ARSON CAUSING BODILY INJURY/DEATH 28.02 F1 HIGHEST ARSON INTEND DAMAGE HABITAT/PLACE OF WORSHIP 28.02 F1 HIGHEST ARSON OF BLDG/HABITAT/VEH W/INT INJURY OR DAMAGE 28.02 F3 HIGHEST ARSON W/MAN OR ATT MAN CONT SUB 28.02 FS HIGHEST ARSON W/MAN OR ATT MAN CONT SUB CAUSE BI/DEATH 28.02 F3 HIGHEST ASSAULT AGAINST ELDERLY OR DISABLED INDIVIDUAL 22.01 MA HIGHEST ASSAULT AGAINST GOVERNMENT CONTRACTOR/EMPLOYEE 22.01 F3 HIGHEST ASSAULT AGAINST SPORTS PARTICIPANT 22.01 MB HIGH ASSAULT CAUSES BI CONVICTED ANOTHER STATE 22.01 F3 HIGHEST ASSAULT CAUSES BI RETALIATION W/GOVERN 22.01 F3 HIGHEST ASSAULT CAUSES BODILY INJURY 22.01 MA HIGHEST ASSAULT CAUSES BODILY INJURY DATE/FAMILY/HOUSE 22.01 F3 HIGHEST ASSAULT CAUSES BODILY INJURY FAMILY VIOLANCE 22.01 MA HIGHEST ASSAULT FAMILY MEMBER 1ST TIME 22.01 MA MODERATE ASSAULT FAMILY MEMBER 2+ 22.01 FS HIGH ASSAULT FAMILY VIOLENCE 22.01 MA HIGH ASSAULT ON SECURITY OFFICER 22.01 F3 HIGHEST ASSAULT PUBLIC SERVANT/TYC/TDC 22.01 F3 HIGHEST ASSEMBLE OPERATE AMUSEMENT RIDE W/INTOX 2ND 49.09 MA MODERATE ASSEMBLE OPERATE AMUSEMENT RIDE W/INTOX 3RD/MORE 49.09 F3 HIGH ASSEMBLE OPERATE AMUSEMENT RIDE W/INTOX ICATED 49.065 MB LOW ASSEMBLE/OPER AMUSE RIDE W/PREV INTOX MAN CONV 49.09 F3 HIGH ASSISTING VOTER VIOLATION EC MA LOW ASSISTING VOTER VIOLATION ENH EC FS LOW ATHLETE AGENT REGULATIONS OC MA LOW ATTACK BY DANGEROUS DOG RESULTING IN SBI/DEATH HSC MA HIGH ATTACK ON ASSISTANCE ANIMAL 42.091 MA MODERATE ATTACK ON ASSISTANCE ANIMAL - CAUSES DEATH 42.091 F3 HIGHEST ATTACK ON ASSISTANCE ANIMAL - CAUSES INJURY 42.091 FS HIGH ATTEMPT PURCHASE OF ALCH BY A MINOR 3RD-ENH ABC M* LOW ATTEMPT TO TAKE WEAPON FROM AN OFFICER 38.14 FS HIGH AUCTIONEERS FRIVOLOUS CLAIM OC MB LOW AUCTIONEERS REGULATIONS W/O LICENSE OC MB LOW AUDUBON SOCIETY FOR CAMERON CO LAND PWC MB LOW AUDUBON SOCIETY FOR KLEBERG CO LAND PWC MB LOW AUTH ACTIVITIES PRIVATE CLUB ABC M* LOW AUTH ACTIVITIES RETAIL DEALERS OFF PREMISE LIC ABC M* LOW AUTH ACTIVITIES WSTORE PERMIT ABC M* LOW AUTOMATIC DIAL ANNOUNCING DEVICE VIOL TUC MA LOW AXLE LOAD RESTRICTION W/PREV CONVICTION TRC M* LOW BAD FAITH MALICIOUS/RECKLES HEALTH FACILITY HSC MA MODERATE BAIL BOND SURETY PROH RECOM/SOLICITATIONS OC MB LOW BAIL BOND SURETIES RECORDS OC MB LOW BAIL BOND SURETIES REGULATIONS OC MB LOW BAIL BONDSMEN W/O LICENSE OC MB LOW BAIL JUMPING AND FAIL TO APPEAR 38.1 MA MODERATE BAIL
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