Summary of Selected State Legislation Regarding Maximum Penalty for Gross Misdemeanor (current as of 03/06/2013) Angela D. Morrison

States that Set the Maximum Penalty at 364 Days or Fewer

State Statute/Code Statutory Language Notes Section AZ Ariz. Rev. Stat. A. A sentence of imprisonment for a misdemeanor shall No gross misdemeanor but various levels of Ann. § 13- be for a definite term to be served other than a place misdemeanors with class 1 carrying the 707(A) within custody of the state department of corrections. greatest penalty. The court shall fix the term of imprisonment within the following maximum limitations: 1. For a class 1 misdemeanor, six months. 2. For a class 2 misdemeanor, four months. 3. For a class 3 misdemeanor, thirty days. ID Idaho Code (1) Except in cases where a different punishment is No gross misdemeanor. Maximum term of Ann. § 18- prescribed in this code, every offense declared to be a imprisonment for misdemeanor 6 months. 113(1) misdemeanor, is punishable by imprisonment in a county jail not exceeding six (6) months, or by a fine not exceeding one thousand dollars ($1,000), or by both. OH Ohio Rev. Code [I]f the sentencing court imposing a sentence upon an No gross misdemeanor. Maximum term of Ann. § 2929.24 offender for a misdemeanor elects or is required to imprisonment for various degrees of impose a jail term on the offender pursuant to this misdemeanors range from 180 days to 30 days. chapter, the court shall impose a definite jail term that shall be one of the following: (1) For a misdemeanor of the first degree, not more than one hundred eighty days; (2) For a misdemeanor of the second degree, not more than ninety days; (3) For a misdemeanor of the third degree, not more than sixty days; (4) For a misdemeanor of the fourth degree, not more than thirty days.

1 State Statute/Code Statutory Language Notes Section WA RCW § Gross misdemeanor. Every person convicted of a gross The Washington Legislature made a specific 9A.20.021(2) misdemeanor defined in Title 9A RCW shall be finding regarding the impact of a one year punished by imprisonment in the county jail for a sentence on immigrants: “The legislature finds maximum term fixed by the court of up to three hundred that a maximum sentence by a court in the state sixty-four days, or by a fine in an amount fixed by the of Washington for a gross misdemeanor can, court of not more than five thousand dollars, or by both under federal law, result in the automatic such imprisonment and fine. deportation of a person who has lawfully immigrated to the United States, is a victim of domestic violence or a political refugee, even when all or part of the sentence to total confinement is suspended. The legislature further finds that this is a disproportionate outcome, when compared to a person who has been convicted of certain felonies which, under F-2 the state's determinate sentencing law, must be sentenced to less than one year and, hence, either have no impact on that person's residency status or will provide that person an opportunity to be heard in immigration proceedings where the court will determine whether deportation is appropriate. Therefore, it is the intent of the legislature to cure this inequity by reducing the maximum sentence for a gross misdemeanor by one day.” [2011 c 96 § 1.] WI W.S.A § (a) For a Class A misdemeanor, a fine not to exceed No gross misdemeanor but various levels of 939.51(3)(a) $10,000 or imprisonment not to exceed 9 months, or misdemeanors with class A carrying the both. greatest penalty.

2 States that Set the Maximum Penalty at 365 Days/One Year or Less

State Statute/Code Section Statutory Language Notes AK Alaska Stat. Ann. § (a) A defendant convicted of a class A misdemeanor No gross misdemeanor but 12.55.135(a) may be sentenced to a definite term of imprisonment of various levels of misdemeanors not more than one year. with class A carrying the greatest penalty. MO Mo. Ann. Stat. § 3. A crime is a “misdemeanor” if it is so designated or if No gross misdemeanor but 556.016(3) persons convicted thereof may be sentenced to misdemeanors are crimes imprisonment for a term of which the maximum is one punishable less than one year. year or less. NE Neb. Rev. Stat. § 28- Class I misdemeanor----- No gross misdemeanor but 106(1) Maximum--not more than one year various levels of misdemeanors imprisonment, or one thousand dollars with class I carrying the greatest fine, or both penalty. Minimum--none F-3 NH N.H. Rev. Stat. Ann. § (a) A class A misdemeanor is any crime so designated 625:9 by statute within or outside this code and any crime defined outside of this code for which the maximum penalty, exclusive of fine, is imprisonment not in excess of one year. NM N.M. Stat. Ann. § 30-1-6 B. A crime is a misdemeanor if it is so designated by No gross misdemeanor but (B) law or if upon conviction thereof a sentence of misdemeanors are crimes imprisonment in excess of six months but less than one punishable less than one year year is authorized. and more than six months. NY N.Y. Penal Law § 70.15 1. Class A misdemeanor. A sentence of imprisonment No gross misdemeanor but (1) (McKinney) for a class A misdemeanor shall be a definite sentence. various levels of misdemeanors When such a sentence is imposed the term shall be fixed with class A carrying the by the court, and shall not exceed one year greatest penalty. ND N.D. Cent. Code Ann. § 5. Class A misdemeanor, for which a maximum penalty No gross misdemeanor but 12.1-32-01(5) of one year's imprisonment, a fine of two thousand various levels of misdemeanors dollars, or both, may be imposed. with class A carrying the greatest penalty.

3 State Statute/Code Section Statutory Language Notes OK Okla. Stat. Ann. tit. 21, § [E]very offense declared to be a misdemeanor is No gross misdemeanor but 10 punishable by imprisonment in the county jail not misdemeanors are crimes exceeding one (1) year or by a fine not exceeding Five punishable by not in excess of Hundred Dollars ($500.00), or both such fine and one year. imprisonment. OR Or. Rev. Stat. Ann. § Sentences for misdemeanors shall be for a definite term. No gross misdemeanor but 161.615 The court shall fix the term of imprisonment within the various levels of misdemeanors following maximum limitations: with class A, carrying the (1) For a Class A misdemeanor, 1 year. greatest penalty. (2) For a Class B misdemeanor, 6 months. (3) For a Class C misdemeanor, 30 days. (4) For an unclassified misdemeanor, as provided in the statute defining the crime. RI R.I. Gen. Laws Ann. § [A]ny criminal offense which may be punishable by No gross misdemeanor but 11-1-2 imprisonment for a term not exceeding one year, or by a misdemeanors are crimes F-4 fine of not more than one thousand dollars ($1,000), or punishable by not in excess one both, is declared to be a misdemeanor[.] year. Penalty set by individual criminal statute defining crime. SD S.D.C.L. § 22-6-2 Misdemeanors are divided into two classes which are No gross misdemeanor but distinguished from each other by the following various levels of misdemeanors maximum penalties which are authorized upon with class 1 carrying the greatest conviction: penalty. (1) Class 1 misdemeanor: one year imprisonment in a county jail or two thousand dollars fine, or both . . . TN T.C.A. § 39-11-110 [A]ll violations of law punishable by fine or No gross misdemeanor but confinement for less than one (1) year, or both, are misdemeanors are crimes denominated misdemeanors. punishable by less than one year. TX V.T.C.A., Penal Code § An individual adjudged guilty of a Class A No gross misdemeanor but 12.21 misdemeanor shall be punished by: various levels of misdemeanors (1) a fine not to exceed $4,000; with class A carrying the (2) confinement in jail for a term not to exceed one year; greatest penalty. or

4 State Statute/Code Section Statutory Language Notes (3) both such fine and confinement. UT U.C.A. 1953 § 76-3- (1) In the case of a class A misdemeanor, for a term not No gross misdemeanor but 204(1) exceeding one year various levels of misdemeanors with class A carrying the greatest penalty. VA VA Code Ann. § 18.2- (a) For Class 1 misdemeanors, confinement in jail for No gross misdemeanor but 11(a) not more than twelve months and a fine of not more than various levels of misdemeanors $2,500, either or both with class 1 carrying the greatest penalty.

Other

F-5 State Statute/Code Section Statutory Language Notes CO Colo. Rev. Stat. Ann. § (1)(a) Misdemeanors are divided into three classes No gross misdemeanor. 18-1.3-501(1)(a) which are distinguished from one another by the Misdemeanors classified with following penalties which are authorized upon class 1 carrying the highest conviction except as provided in subsection (1.5) of this penalty. Class 1 misdemeanors section: carry at least 6 months Class Minimum Sentence Maximum Sentence imprisonment but not more than

Six months Eighteen months 18 months. imprisonment, or five imprisonment, or five 1 hundred dollars fine, or thousand dollars fine, or both both

MN N/A N/A Minnesota categorizes crimes as felonies, gross misdemeanors, and misdemeanors based on the fine/monetary penalty. The maximum term of imprisonment for each crime is set by the individual definition.

5 State Statute/Code Section Statutory Language Notes MT N/A N/A No categorization of crime. Penalties set forth in individual definition of crimes. NJ N/A N/A No misdemeanor or felony definitions. Crimes are defined by degree and the penalty is set out in the definition of the crime. NC N.C. Gen. Stat. Ann. § (1) If that maximum punishment is more than six 14-3(a) months imprisonment, it is a Class 1 misdemeanor; (2) If that maximum punishment is more than 30 days but not more than six months imprisonment, it is a Class 2 misdemeanor; and (3) If that maximum punishment is 30 days or less imprisonment or only a fine, it is a Class 3 misdemeanor. F-6 PA 18 Pa. Cons. Stat. Ann. (6) A crime is a misdemeanor of the first degree if it is No gross misdemeanor. The § 106 so designated in this title or if a person convicted thereof maximum penalty for various may be sentenced to a term of imprisonment, the degrees of misdemeanors ranges maximum of which is not more than five years. from 5 to 1 years. (7) A crime is a misdemeanor of the second degree if it is so designated in this title or if a person convicted thereof may be sentenced to a term of imprisonment, the maximum of which is not more than two years. (8) A crime is a misdemeanor of the third degree if it is so designated in this title or if a person convicted thereof may be sentenced to a term of imprisonment, the maximum of which is not more than one year. (9) A crime declared to be a misdemeanor, without specification of degree, is of the third degree. SC S.C.C. Ann. § 16-1-20 (7) for a Class A misdemeanor, not more than three No gross misdemeanor. The years; maximum penalty for various (8) for a Class B misdemeanor, not more than two years; classes of misdemeanors ranges

6 State Statute/Code Section Statutory Language Notes (9) for a Class C misdemeanor, not more than one year. from 3 to 1 years. VT 13 V.S.A. § 1 Any other provision of law notwithstanding any offense whose maximum term of imprisonment is more than two years, for life or which may be punished by death is a felony. Any other offense is a misdemeanor. W. VA N/A N/A No gross misdemeanor. No general definition of misdemeanor versus felony. Penalty for each crime set out within definition of crime. Crimes that are considered misdemeanors, generally punishable by one year or less. WY N/A (no gross N/A misdemeanor) F-7

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