DOCSLIB.ORG

A Heport of the to the of the February 194-9

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
A Heport of the to the of the February 194-9 PENAL LAUS A Heport of the JOINT ST ;WE GOVEflNMEI\TT COHIHS:3ION to the GE~llirt1~ A8~EMBLY of the COHHONUEALTH OF PENNSYL1JAl'TIA February 194-9 LETTER OF TRAN3JvlITT AL To the Hembers of the General Assembly of the Common­ wealth of Pennsylvania: Pursuant to Senate Concurrent Resolution No. 113, Session of 19~7, we submit herewith a report dealing "lith the revision and codification of the penal laws. In accord,ance with Act No. ~, Session of 191+3, Section.'+, the Commission created a subcommittee to aid in the task assigned. On behalf of the Commission, the cooperation of the members of the subcommittee is gratefully acknmlledged. \Jeldon B. Heyburn, Chairman Joint state Government Commission Capitol Building Harrisburg, Pennsylvania February, 19 1+9 ii JOINT STATE GOVERN}lliNT CO]~;ISSION Honorable \'!eldon B. Heyburn, Chairman Honorable Baker Royer, Vice Chairman Honorable Herbert P. Sorg, Secretary-Treasurer Senate Members House Nembers Joseph 11. Barr Hiram G. Andrews Leroy E. Chapman Adam T. Bower John H. Dent Homer S. Brown Anthony J. DiSilvestro Charles H. Brunner, Jr. James A. Geltz Edwin C. E.ring Weldon B. Heyburn Ira T. Fiss Frederick L. Homsher Robert D. Fleming A. Evans Kephart IV. ,stuart Helm A. H. Letzler Earl E. Hewitt, Sr. John G. Snm/den Thomas H. Lee O. J. Tallman Albert S. Readinger M. Harvey Taylor Baker Royer John N. Hall:er Herbert P. Sorg Guy IJ. Davis, Counsel and Director Paul H. Wueller, Associate Director in Charge of Research and Statistics L. D. Stambaugh, Hesident Secretary f~toinette S. Giddings, Administrative Assistant iii JOINT STATE GOVER~~NT COW1IS3ION SUBCOl'fllITTEE ON PENAL LAWS AND CRIMINAL PROCEDURE Honorable John W. Lord, Jr., Chairman Honorable Francis Worley, Vice Chairman Senate Members House Members C. Arthur Blass Homer S. Brown Paul M. Crider Charles H. Brunner, Jr. Bertram G. Frazier Albert S. Readinger John W. Lord, Jr. William Z. Scott William S. Rahauser Edwin W. Tompkins Carleton T. \"Joodring Francis I"forley iv" HISTORY No revision of the penal laws Has made between 1860 and 1939. The criminal law nov[ in force is set forth largely in the Act of June 24-, 1939, P. L. 872, lmown as "The Penal Code," and a:nendments thereto. The Penal Code of 1939 made ,10 attempt at u!1iformity or consistency. It did, however, include in one statute the more important criminal laws of the Con~onwealth. The General t,s'lembly, .Sess ion of 194-5, by TIes olution, Serial Number 15, direct"d the Joint state Government Com­ mission to investi::;ate, survey and consider all penal laVls of the Com:nol1\'!ealth and to l'evi-;e and restate the .s ame in codified form and report its findings and conclusions to the 194-7 Session of the General Assembly. The subcommittee of the Joint State Government Cor,uaiss ion charged \'lith the initial study 1'!ere Paul M. Crider, Chairman, C. Arthur Blass, Israel Stiefel, appointed on the part of the Senate; francis ',"or ley, Vice Chairman, Charles H. Brunner, Jr. Joseph Skale, appointed on the ,art of the House; and an advisory committee headed by IV. H. Hitchler, Dean of the Dickinson ::;chool of Law, included the follouing: Ltd SCHOOLS C. Gerald Brophy, Dean, School of Law, Duquesne University; Judson A. Crane, Dean, 3chool of Law, University of Pittsburgh; Dr. 2dwin R. Keedy, School of Law, University of Pennsylvania; 1 Dr. Negley K. Teeters, Temple Univers i ty; BAR AS!30C IAT ION 1:lilliam B. t'lcClenachan, Jr., Esquire; JUDJ}~S -Hon. Thomas J. Baldrige, Judge of the Superior Court; Hon. N. J. Eagan, Judge of the Court of Common Pleas of Laclmvlanna County; Hon. James :::;ay Gordon, Judge of the Court of Common Pleas of Philadelphia County; Hon. Burton R. Laub, Judge of the Court of COllunon Pleas of Erie County; Hon. Harry S. llcDevitt, JUdge of the Court of Common Pleas of Philadelphia County; Hon. 1'1. C. Sheely, President Judge, Court of Common ?leas of Adams COlmty; Hon. Jospeph Sloane, Judge of the Court of Common Pleas of Philadelphia County; Hon. Robert E. \Joodside, Jr., Judge of the Court of Common Pleas of Dauphin County; DI,S'rHrC'.c ,\Tl'ORNEYS,-Franldin E. Barr, Assistant Distri.ct ;\ttorney of Philadelphia COlmty; Edvlin H. Clark, District Attorney of Indiana COlmty; George F. P. Langfitt, i"irst Assi.stant District Attorney of Allegheny County; Leon ,Sclwartz, District Attorney of Luzerne COU.i1ty; Carl B. Shelley, District Attorney of Dauphin COl'J1ty; PRACT ITI Ol'YERS ­ Carl Helmetag, Esquire, Thomas D. McBride, Esquire. The report of that study, submitted to the 19~7 Session of the General Assembl~ is set forth at pages 27 to 30 of "Summary Ileport of the Joint state Government Commission, !>larch 21, 19~7," and the Commission IS recommendations l'lere contained in Senate Bill No. 306 (19~7). The General Assembly after studying the proposals in the committees of both houses during the 19~7 Session, b> 2 concurrent resolution directed the Joint State Government Commission to continue its survey, investigation and con­ sideration of the penal laws, to revise and restate them and submit a bill embodying SQme ~t the 1949 Session. The revision and restatement recommended by the Joint State Government Cornmission are embodied in Senate Bill No. 243, Session of 1949, a copy of which is attached hereto. 3 . .. DIGEST OF SENATE BILL NO. 2~3 (1949) The bill by its terms is des ignated the "Crimes Act." It is not a codification of existing la,., but a re- vision and redrafting of all of the more important criminal laws. 2. The bill sets forth: 13 Offensos against the Government 20 Offenses against Public Justice and Adminis- tration 15 Offenses against the Public ~eace 23 Offenses against Public Morals and Decency 67 Offenses against Public Policy, Economy and Health 21 Offenses aGainst the Person 5~ Offenses against Personal Propecty and Fraudulent dealing therewith 22 Offenses against Real Property and Malicious Nischief 100ffetlses agcdnstthe Coin and 2orgorJ[ 3. Attached hereto is a reference table showing the section titles and section numbers of Senate Bill No. 243 (1949), the corresponding section numbers appearing in Senate Bill No. 306, Printer's No. 571 (1947) and the equivalent sections of the Penal Code of 1939, P. L. 872 and its amendments. 4. peneral features of Senate Bill No. 243 (1949): .. (a) Eliminates archaic and obsolete languaf,e in defining offenses (b) Eliminates technical and surplus verbiaf,e (c) Groups related provisions to~ether, briefly :md concisely (d) ~estotes ond clarifies conflicting provisions (e) !'lakes UIliform the distinction beh/een felonies and misdemeanors by providing that 0.11 crimes punishable by imprisonment of more than three (3) years are felonies; and that all other crimes are misdemeanors. \)hen the offense is sumlnary the text so states. ~Jith the offenses thus classified: 68 are felonies 146 are misdemeanors 43 are sunh~ary offenses In some instances a single section contains both a felony and a misdemeanor as illustrated by sections 307 and 318 (f) Ha1ms uniform the method of fixing lJenalties by providing a fine of ()1000 for ench year of imprisonment ':/hich may ~JC ir.l)osed so t:-tot uhere the maximum imprisonment is 1 yeoI' the maximu.m fine is ;?1000; vrhere the r1axir,lUm ir.1liI·i.30nment is 2 years, the maximum fine is ·;;2000; if 5' years, then $5'000 and so on. In order to meet 5' this standard of uniformity it was necessary to change many of the penalties provided for in eXisting law. These chan~es are swnmarized as follows: 247 maximum fines vlere increased 82 maximum prison terms were increased 53 maximum fines remain unchansed 189 maximum prison terms renain unchanged 18 maximum fines \;lere decreased 47 maximum prison terms \·rere decreased Considering hath the maximum fine cmd prison term as provided for each offense the change mClY be summClrized as f0110'IS: for 82 offenses increase in hath fine and prison term for 15 offenses decrease in hath fine and prison term for 36 offenses both fine and prison term remain unchBn~ed for 150 offenses increase in fine, prison term remains unchanged for 3 offenses decrease in fine, prison term remc\ins nnchan,-;od for 7 offenses decre,·" i Y. '.':: ", '. ·rpj~m, fine remains l.ruChd;l.:;)'r :~. for 15 of;enses inCreQ3~ in fL1E, decrease in prison term 6 .,~.-'-. - Tho above tabulation takes into account the instances where numerous separate offenses listed in the present law have been consolidated into a single section, and relates the penalty in each case to the penalty provided for in the consolidated section of Senate Bill No. 243, (1949) (g) There are no penalties that require fine AND imprisonment. All penalties provide for fine OR imprisonment OR both. There are no minimum penalties; all penalties are maximum. A court may suspend sentence, or sentence from one minute or l¢ or both, to the maximum penalty provided (h) Abolishes imprisonment at separate or solitary confinement at hard labor and all modified forms thereof, and provides for "imprison­ ment" only (section 1111) (i) Provides for restitution as part of tbe sen­ tence where property has been stolen or converted (section 1112) (j) Preserves all offenses nO\~ provided for whether at common law or by statute not repealed (section 1101) (k) In all cases where imprisonment is provided fQr in Senate Bill No. 243 (1949), imprisorunent is provided for by laws now in force. 7 "From the earliest time until 1925, the penalty for murder in the first degree Vias death.
Load more

Recommended publications
  • Charging Language
    1. TABLE OF CONTENTS Abduction ................................................................................................73 By Relative.........................................................................................415-420 See Kidnapping Abuse, Animal ...............................................................................................358-362,365-368 Abuse, Child ................................................................................................74-77 Abuse, Vulnerable Adult ...............................................................................78,79 Accessory After The Fact ..............................................................................38 Adultery ................................................................................................357 Aircraft Explosive............................................................................................455 Alcohol AWOL Machine.................................................................................19,20 Retail/Retail Dealer ............................................................................14-18 Tax ................................................................................................20-21 Intoxicated – Endanger ......................................................................19 Disturbance .......................................................................................19 Drinking – Prohibited Places .............................................................17-20 Minors – Citation Only
    [Show full text]
  • Gfniral Statutes
    GFNIRAL STATUTES OF THE STATE OF MINNESOTA, IN FOROE JANUARY, 1891. VOL.2. CowwNnro ALL TEE LAw OP & GENERAJ NATURE Now IN FORCE AND NOT IN VOL. 1, THE SAME BEING TEE CODE OF Civu PROCEDURE AND ALL REME- DIAL LAW, THE PROBATE CODE, THE PENAL CODE AND THE CEnt- JRAL PROCEDURE, THE CoNSTITuTIoNS AND ORGANIc ACTS. COMPILED AND ANNOTATED BY JNO. F. KELLY, OF TUE Sr. Pui BAR. SECOND EDITION. ST. PAUL: PUBLISHED BY THE AUTHOR 1891. A MINNESOTA STATUTES 1891 IN] EX To Vols. 1 and , except as Indicated by the cross-references, to Vol. 1. A - ACCOUNTS. (cqinued)-- officers'., of corporation, altering, §6448. ABANDONMNT (see CHILD)- presentation, of fraudulent, when felony, Qf, insane person, penalty fpr, §5895, §6507. of lands condemned for public use, §1229. ABATE- ACCOUN,T BOOKS- reognizance.not to abate, when, §439. • are p'rirna.facie evidence, §51'12. action to, nuisapee, §*442 ACCUSATION- actions abated when, §4738. to remove attorneys, §4376. board of health, sa,ll, hat,nuisapces, i9, %vriting. veiifipd, '4l77. §5SS, 589.. ACCUSED- warrant to, §591. rigMsof; §6626 ABBREViATIONS- iii describing lands, §1582. ACKNOWLEDGMENTS (see Index to 'Vol. ABDUCTION (see SEDUCTION; KTDNAP- of 1eeds of land, §4121. RING)-. certifipa.te of. §4122. defined, pnnishment,f,or, §6196. ii qter.sta,tes, §4.23. evidence required to cnvitof, §6197. in foreign countries. §4124. ABETTING (see AIDIN-)- iefusaI to aknplege, §4125. ABOLISHED- proceedings to eompl, §4126. dower anl curtesy is, §4001.. defective, to, cqnveyanqes legalized-. certain defects legalized, §4164. ABORTION (see INDECENT ARTICLES)- ntnslapghter in first degree, when, by officer whose ternl. has çxpired, §4165, §6H5, GUll.
    [Show full text]
  • Chap. 10.] OFFENCES AGAINST PUBLIC JUSTICE
    Chap. 10.] OFFENCES AGAINST PUBLIC JUSTICE. CHAPTER X. OF OFFENCES AGAINST PUBLIC JUSTICE. THE order of our distribution will next lead us to take into consideration such crimes and misdemeanors as more especially affect the commonwealth, or public polity of the kingdom: which, however, as well as those which are pecul- iarly pointed against the lives and security of private subjects, are also offences against the king, as the pater-familiasof the nation: to whom it appertains by his regal office to protect the community, and each individual therein, from every degree of injurious violence, by executing those laws which the people them- selves in conjunction with him have enacted; or at least have consented to, by an agreement either expressly made in the persons of their representatives, or by a tacit and implied consent presumed from and proved by immemorial usage. The species of crimes which we have now before us is subdivided into such a number of inferior and subordinate classes, that it would much exceed the bounds of an elementary treatise, and be insupportably tedious to the reader, were I to examine them all minutely, or with any degree of critical accuracy. I shall therefore confine myself principally to general definitions, or descriptions of this great variety of offences, and to the punishments inflicted by law for each particular offence; with now and then a few incidental observations: referring the student for more particulars to other voluminous authors; who have treated of these subjects with greater precision and more in detail than is consistent with the plan of these Commentaries.
    [Show full text]
  • Criminal Law. Merger of Conspiracy Into Completed
    RECENT CASES the beneficial owners to avoid the statutory liability. Corker v. Soper 53 F. (2d) igo (C.C.A. 5th 1931); 45 Harv. L. Rev. 580 (1932). There, since, the holding did not con- sist of a majority of the shares, obviously no centralization of control of the company was intended. The parent company in the principal case can be distinguished in that its primary purpose was to centralize control. In both cases, however, the fact that the holding companies were inadequately financed to meet the contingent liability attach- ing to bank stock can be considered as indicating an attempted evasion of the statute. To determine when a holding company is so inadequately financed as to justify a dis- regard of the corporate entity to the extent of holding its stockholders personally liable, its assets must be carefully scrutinized. Since the purpose of the statute is to provide a "secondary" protection to depositors, equalling the stock of the depositary bank, it should not be considered an evasion if the assets of the holding company are sufficient to satisfy that contingent liability on the bank shares held. Thus, where a holding company has a wide and diversified portfolio consisting of many strong operat- ing companies amply sufficient to satisfy any contingent liability on bank stock held, there should be no reason to hold its shareholders personally liable. And it is conceiv- able that a parent company, whose sole assets are stocks in a large number of sub- sidiary banks widely distributed geographically, would be adequately financed to pro- tect creditors of failing banks by converting some of the stocks of their solvent banks into cash.
    [Show full text]
  • Inchoate Offences Conspiracy, Attempt and Incitement 5 June 1973
    N.B. This is a Working Paper circulated for comment and criticism only. It does not represent the final views. of the Law Commission. The Law Cominission will be grateful for comments before 1 January 1974. All correspondence should be addressed to: J.C. R. Fieldsend, Law Commission, Conquest Hoiis e, 37/38 John Street, Theobalds Road, London WC1N 2BQ. (Tel: 01-242 0861, Ex: 47) The Law Commission Working Paper No 50 Inchoate Offences Conspiracy, Attempt and Incitement 5 June 1973 LONDON HER MAJESTY’S STATIONERY OFFICE 1973 @ Crown copyright 1973 SBN 11 730081 0 THE LAW COMMISSION WORKING PAPER NO. 50 Second Programme, Item XVIII CODIFICATION OF THE CRIMINAL LAW GENERAL PRINCIPLES INCHOATE OFFENCES : CONSPIRACY, ATTEMPT AND INCITEMENT Introduction by the Law Commission 1. The Working Party' assisting the Commission in the examination of the general principles of the criminal law with a view to their codification has prepared this Working Paper on the inchoate offences. It is the fourth in a series' designed as a basis upon which to seek the views of those concerned with the criminal law. In pursuance of - its policy of wide consultation, the Law Commission is publishing the Working Paper and inviting comments upon it. 2. To a greater extent than in previous papers in this series the provisional proposals of the Working Party involve fundamental changes in the law which, we think, will prove much more controversial than those made in the other papers. The suggested limitation of the crime of conspiracy to 1. For membership see p. ix. 2. The others are "The Mental Element in Crime" (W.P.
    [Show full text]
  • The Code of the State of Georgia
    PT. 4.—TIT. 1.—Penal Code. 813 Division 1. —Persons capable of committing Crimes. PART IV. PENAL LAWS. TITLE I. PENAL CODE. Division 1. Persons capable of committing crimes. Division 2. Principals and accessories. Division 3. Crimes against the State and people. • Division 4. Crimes against the person. • Division 5. Crimes against the habitation. Division 6. Crimes relative to property. Division 7. Forging, counterfeiting, and unlawful currency. Division 8. Crimes against public justice. Division 9. Against public peace and tranquility. Division 10. Against public morality, health, police and decency. Division 11. Cheats and swindlers. Division 12. Fraudulent or malicious mischief. Division 13. Offences relative to slaves. Division 14. Indictments and proceedings to execution. Division 15. Contempts of court and attempts to commit crimes. Division 16. Proceedings in preliminary courts. FIKST DIYISIOK , PERSONS CAPABLE OF COMMITTING CRIMES. Section. Section. 4188. Crime—definition. 4196. Married women. 4189. Intention. 419*7. Drunkenness—when excuse. 4190. Infants, 14 years—liable. 4198. Misfortune or accident. 4191. Under 10—incapable. 4199. Slaves under coercion. 4192. Lunatics. 4200. Slaves under persuasion. 4193. Idiots. 4201. Attempt to persuade. 4194. Aiders and abettors instead. 4202. Persons under fear. 4195. If Insanity is pleaded. 4203. Felony—what is. § 4188. Sec. I. A crime or misdemeanor shall consist in a vio- Salable of commit- in the lation of a public law, commission of which there shall tinjS crimes. 814 PT. 4.—TIT. 1.—Penal Code. Division 1. —Persons capable of committing Crimes. be an union or joint operation of act and intention, or criminal negligence. Intention, § 4189. Sec. II. Intention will be manifested by the circum- stances connected with the perpetration of the offence, and the sound mind and discretion of the person accused.
    [Show full text]
  • Criminal Law
    The Law Commission Working Paper No 62 Criminal Law Offences relating to the Administration of Justice LONDON HER MAJESTY'S STATIONERY OFFICE 0 Crown copyright 7975 First published 7975 ISBN 0 11 730093 4 17-2 6-2 6 THE LAW COMMISSXON WORKING PAPER NO. 62 CRIMINAL LAW OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE CONTENTS Paras. I INTRODUCTION 1- 7 1 I1 PRESENT LAW 8- 25 5 Common Law 8- 17 5 Perverting the course of justice 8- 11 5 Examples of conspiracy charges 12- 13 8 Contempt of Court 14- 15 10 Escape and avoiding trial 16 11 Agreeing to indemnify bail 17 11 Statute ~aw 19- 25 12 Perjury 19- 20 12 Other statutory offences 21- 24 13 Summary 25 15 I11 PROPOSALS FOR REFORM 26-116 16 General 26- 33 16 Relationship with contempt of court 27- 29 17 Criminal and civil proceedings 30- 33 18 Outline of proposed offences 34- 37 20 1. Offences relating to all proceedings 38- 88 21 (i) Perjury 38- 60 21 iii Paras. Page Ihtroductory 38- 45 21 Should perjury be confined to false statements? 46 24 Oral evidence not on oath 47- 53 25 Extra-curial unsworn statements admissible as evidence 51- 59 28 Summary 60 31 (ii) Tampering with or fabricating evidence 61- 65 32 (iii)Preventing the attendance of witnesses 66- 67 34 (iv) Intimidation of a party 68- 84 35 (v) Improperly influencing a court 85- 91 43 2. Offences relating only to criminal matters 92-107 45 (i) Impeding the investigation of crime 93-101 45 (ii) Avoiding trial 102-105 50 (iii)Agreeing to indemnify bail 106-110 52 3.
    [Show full text]
  • Transformations the Transformation 4 of Jury Trial in Early Modern England
    Part II Transformations The Transformation 4 of Jury Trial in Early Modern England The extensive powers of the medieval criminal trialjury resulted not from legal theory but from social and institutional circumstances. The jury helped the royal administration of criminal law to function, perhaps even alleviated tensions that might have brought it to a halt, by exercising its mediatory powers in two distinct but related ways. In individual cases, juries prevented the imposition of sanctions they deemed too harsh in light of the defendant's behavior, reputation, or the hardship he had already suffered. More generally, and as the result of its role in individual cases, the jury reflected the interests of the local community as opposed to those of central authorities. The Crown required the jury to play a role the royal bureaucracy was as yet unprepared to undertake-the gathering of evidence; this, in turn, enhanced the jury's power to render verdicts that both blunted royal power and made what power there was relatively palatable. The stronger central institutions became, the less they required of juries, either as substitute bureaucrats or as political mediators. Indeed, the stronger the position of central government, the more it was bound to regard the jury as part of the problem rather than as a solution. By the Tudor period, jury-based nonenforcement of the rules of law seemed less often a political and social necessity and more often an affront to justice. The question remained: How far would the government go in its purifica­ tion of the jury? Would an attack on embracery and similar perversions of justice suffice, or would the government attempt to remove the jury's power to reflect a different notion of justice on the merits of a given case than that embodied in formal rules? Very little is as yet known about the institution of the trial jury in Tudor and Stuart England, about governmental policy toward juries, or about the vicissitudes of jury power.
    [Show full text]
  • 2014 CCH OFFENSE CODES Including New Felonies and Misdemeanors
    2014 CCH OFFENSE CODES Including New Felonies and Misdemeanors RETIRED/ EXPIRED CODE STATUTE SEV SHORT DESCRIPTION LONG DESCRIPTION STATUS DATE ACTIVE DATE CRIMINAL CRIMINAL SOLICITATION/ATTEMPT/CONSPIRACY/ SOLICITATION/ATTEMPT/CONSPIRACY/T 0000 35 X TOOLS OOLS RETIRED 8/7/2007 1/1/1900 0001 X STATED CHARGE NOT CLEAR STATED CHARGE NOT CLEAR RETIRED 8/7/2007 1/1/1900 0002 X ARREST DATA NOT RECEIVED ARREST DATA NOT RECEIVED RETIRED 8/7/2007 1/1/1900 0008 16-4-7(B) F CRIMINAL SOLICITATION CRIMINAL SOLICITATION ACTIVE 1/1/1900 CRIMINAL ATTEMPT TO COMMIT A CRIMINAL ATTEMPT TO COMMIT A 0009 16-4-1 M MISDEMEANOR MISDEMEANOR ACTIVE 1/1/1900 0010 16-4-1 X CRIMINAL ATTEMPT CRIMINAL ATTEMPT RETIRED 8/7/2007 1/1/1900 CRIMINAL ATTEMPT TO COMMIT A CRIMINAL ATTEMPT TO COMMIT A 0011 16-4-1 F FELONY FELONY ACTIVE 1/1/1900 0012 16-4-8 X CRIMINAL CONSPIRACY CRIMINAL CONSPIRACY RETIRED 8/7/2007 1/1/1900 CONSPIRACY TO COMMIT A CONSPIRACY TO COMMIT A 0013 16-4-8 M MISDEMEANOR MISDEMEANOR ACTIVE 1/1/1900 POSSESSION OF TOOLS FOR POSSESSION OF TOOLS FOR COMMISSION 0014 16-7-20 F COMMISSION OF A CRIME OF A CRIME ACTIVE 1/1/1900 0015 16-4-8 F CONSPIRACY TO COMMIT A FELONY CONSPIRACY TO COMMIT A FELONY ACTIVE 1/1/1900 0016 16-4-10 F DOMESTIC TERRORISM - FELONY DOMESTIC TERRORISM - FELONY ACTIVE 5/16/2002 0100 X TREASON TREASON RETIRED 8/7/2007 1/1/1900 0101 16-11-1 F TREASON TREASON ACTIVE 1/1/1900 ADVOCATING OVERTHROW OF ADVOCATING OVERTHROW OF 0109 16-11-4 F GOVERNMENT GOVERNMENT ACTIVE 1/1/1900 0115 16-11-3 F INCITING TO INSURRECTION INCITING TO INSURRECTION
    [Show full text]
  • Effective 10/01/2019
    1. TABLE OF CONTENTS Abduction ................................................................................................73 By Relative.........................................................................................415-420 See Kidnapping Abuse, Animal ...............................................................................................358-362,365-368 Abuse, Child ................................................................................................74-77 Abuse, Vulnerable Adult ...............................................................................78,79 Accessory After The Fact ..............................................................................38 Adultery ................................................................................................357 Aircraft Explosive............................................................................................455 Alcohol AWOL Machine.................................................................................19,20 Retail/Retail Dealer ............................................................................14-18 Tax ................................................................................................20-21 Intoxicated – Endanger ......................................................................19 Disturbance .......................................................................................19 Drinking – Prohibited Places .............................................................17-20 Minors – Citation Only
    [Show full text]
  • Conceptualizing Inchoate Complicity: the Normative and Doctrinal Case for Lesser Offenses As an Alternative to Complicity Liability
    Document1 (Do Not Delete) 5/10/2016 8:15 PM CONCEPTUALIZING INCHOATE COMPLICITY: THE NORMATIVE AND DOCTRINAL CASE FOR LESSER OFFENSES AS AN ALTERNATIVE TO COMPLICITY LIABILITY DENNIS J. BAKER* TABLE OF CONTENTS I. INTRODUCTION ............................................................................... 504 II. HISTORY AND DOCTRINE .............................................................. 509 III. THE LETTER OF THE LAW UNDER THE SERIOUS CRIME ACT 2007 .......................................................................................................... 514 IV. RECKLESSLY ENCOURAGING AND ASSISTING SEVERAL AND ALTERNATIVE CRIMES ........................................................................ 532 V. ENCOURAGING AND ASSISTING AN INNOCENT AGENT .................................................................................................................. 537 VI. CAUSATION, ACT CAPABLENESS, AND IMPOSSIBILITY ....... 540 VII. IMPOSSIBILITY AND CAPABILITY ............................................ 552 VIII. WHEN IS TRIVIAL ENCOURAGEMENT CAPABLE OF ENCOURAGING? ................................................................................... 557 IX. ATTEMPTS TO ATTEMPT AND THE SERIOUS CRIME ACT 2007 .................................................................................................................. 566 X. REMOTE ENCOURAGEMENT ........................................................ 575 XI. CONCLUSION .................................................................................. 586 * (M.Phil., Ph.D.
    [Show full text]
  • General Statutes
    THE GENERAL STATUTES OF THE STATE OF MINNESOTA As Amended by Subsequent Legislation, with which are Incorporated All General Laws of the State in Force December 31, 1894 COMPILED AND EDITED BY HENRY B. WENZELL, Assisted by EUGENE P. LANE WITH ANNOTATIONS BY FRANCIS B. TIFFANY and Others AND A GENERAL INDEX BY THE EDITORIAL STAFF OF THE NATIONAL REPORTER SYSTEM COMPLETE IN TWO VOLUMES VOL. 2 CONTAINING Sections 4822 to 8054 of the General Statutes, and the General Index I ST. PAUL, MINN. 1 WEST PUBLISHING CO. ; 1S94 MINNESOTA STATUTES 1894 § 6285 PENAL CODE, AND ALLIED ACTS. £Ch. 92a [CHAPTER 92a.] [PENAL CODE, AND A T.T.TED ACTS.]1 Preliminary Provisions, g§ 6286-6297. 1. Persons Punishable for Crime, §§ 6298-6803. 2. Of Parties to Crime, §§ 6809-6314. 3. Degrees in the Commission of Crimes, and Attempts to Commit Crimes, SS 6315- 6317. 4. Treason, §§ 6318-6323. 5. Of Crimes against the Elective Franchise, § 6824. 6. Of Crimes by and against the Executive Power of the State, §§ 6825-6338. 7. Of Crimes against the Legislative Power, §§ 6339-6347. 8. Of Crimes against Public Justice, §g 6848-6425. (1) Bribery and Corruption, §§ 6348-6857. (2) Rescues, §§ 6358, 6359. (d) Escapes, and Aiding Therein, §§ 6360-6368. (4) Forging, Stealing, Mutilating, and Falsifying Judicial and Publio Records and Documents, §§ 6369, 6370. (5) Perjury and Subornation of Perjury, §§ 6371-6380. (6) Falsifying Evidence, §§ 6381-6386. (7) Other Offenses against Public Justice, §§ 6387-6422. (8) Conspiracy, §§ 6423-6425. 9. Of Crimes against the Person, §§ 6426-6509. (1) Suicide, §§ 6426-6432. (2) Homicide, §§ 6433-6461.
    [Show full text]