Section 210.0. Definitions.

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

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

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

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

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

Section 210.1. Criminal Homicide.

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

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

Section 210.2. Murder.

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

  (a) it is committed purposely or knowingly; or

  (b) it is committed recklessly under circumstances manifesting extreme indifference to the value of human life.  Such recklessness and indifference are presumed if the actor is engaged or is an accomplice in the commission of, or an attempt to commit, or flight after committing or attempting to commit robbery, rape or deviate sexual intercourse by force or threat of force, arson, burglary, kidnapping or felonious escape.

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

Section 210.3. Manslaughter.

 (1) Criminal homicide constitutes manslaughter when:

  (a) it is committed recklessly;  or

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

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

Section 210.4. Negligent Homicide.

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

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

Section 210.5. Causing or Aiding Suicide.

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

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

[Section 210.6. Sentence of Death for Murder;  Further Proceedings to Determine Sentence].

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

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

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

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

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

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

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

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

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

 The determination whether sentence of death shall be imposed shall be in the discretion of the Court, except that when the proceeding is conducted before the Court sitting with a jury, the Court shall not impose sentence of death unless it submits to the jury the issue whether the defendant should be sentenced to death or to imprisonment and the jury returns a verdict that the sentence should be death.  If the jury is unable to reach a unanimous verdict, the Court shall dismiss the jury and impose sentence for a felony of the first degree.

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

 Alternative formulation of Subsection (2):

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

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

 (3) Aggravating Circumstances.

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

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

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

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

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

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

  (g) The murder was committed for pecuniary gain.

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

 (4) Mitigating Circumstances.

  (a) The defendant has no significant history of prior criminal activity.

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

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

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

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

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

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

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

Section 211.0. Definitions.

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

Section 211.1. Assault.

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

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

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

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

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

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

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

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

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

Section 211.2. Recklessly Endangering Another Person.

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

Section 211.3. Terroristic Threats.

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

Section 212.0. Definitions.

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

Section 212.1. Kidnapping.

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

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

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

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

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

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

Section 212.2. Felonious Restraint.

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

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

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

Section 212.3. False Imprisonment.

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

Section 212.4. Interference with Custody.

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

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

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

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

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

Section 212.5. Criminal Coercion.

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

  (a) commit any criminal offense;  or

  (b) accuse anyone of a criminal offense;  or

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

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

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

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

Section 213.0. Definitions.

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

  (1) the definitions given in Section 210.0 apply;

  (2) "Sexual intercourse" includes intercourse per os or per anus, with some penetration however slight;  emission is not required;

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

Section 213.1. Rape and Related Offenses.

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

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

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

  (c) the female is unconscious;  or

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

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

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

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

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

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

Section 213.2. Deviate Sexual Intercourse by Force or Imposition.

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

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

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

  (c) the other person is unconscious;  or

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

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

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

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

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

Section 213.3. Corruption of Minors and Seduction.

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

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

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

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

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

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

Section 213.4. Sexual Assault.

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

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

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

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

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

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

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

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

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

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

Section 213.5. Indecent Exposure.

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

Section 213.6. Provisions Generally Applicable to Article 213.

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

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

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

 (4) Prompt Complaint.  No prosecution may be instituted or maintained under this Article unless the alleged offense was brought to the notice of public authority within [3] months of its occurrence or, where the alleged victim was less than [16] years old or otherwise incompetent to make complaint, within [3] months after a parent, guardian or other competent person specially interested in the victim learns of the offense.

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

Section 220.1. Arson and Related Offenses.

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

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

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

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

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

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

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

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

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

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

Section 220.2. Causing or Risking Catastrophe.

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

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

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

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

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

Section 220.3. Criminal Mischief.

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

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

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

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

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

Section 221.0. Definitions.

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

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

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

Section 221.1. Burglary.

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

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

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

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

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

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

Section 221.2. Criminal Trespass.

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

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

  (a) actual communication to the actor;  or

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

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

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

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

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

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

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

Section 222.1. Robbery.

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

  (a) inflicts serious bodily injury upon another;  or

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

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

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

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

Section 223.0. Definitions.

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

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

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

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

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

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

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

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

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

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

 (2) Grading of Theft Offenses.

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

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

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

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

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

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

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

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

Section 223.2. Theft by Unlawful Taking or Disposition.

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

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

Section 223.3. Theft by Deception.

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

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

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

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

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

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

 
Section 223.4. Theft by Extortion.

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

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

 (2) accuse anyone of a criminal offense;  or

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

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

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

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

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

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

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

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

Section 223.6. Receiving Stolen Property.

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

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

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

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

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

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

Section 223.7. Theft of Services.

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

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

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

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

Section 223.9. Unauthorized Use of Automobiles and Other Vehicles.

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

Section 224.0. Definitions.

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

Section 224.1. Forgery.

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

Section 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.
 
 

Section 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.
 
 

Section 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.
 
 

Section 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.
 
 

Section 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.
 
 

Section 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.
 
 

Section 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.
 
 

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.
 
 

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.
 
 

Section 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.
 
 

Section 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.
 
 

Section 224.13.  Misapplication 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.
 
 

Section 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.
 
 

Section 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.
 
 

Section 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, a brother or sister of the whole or half blood [or an uncle, aunt, nephew or niece of the whole blood].  "Cohabit" means to live together under the representation or appearance of being married.  The relationships referred to herein include blood relationships without regard to legitimacy, and relationship of parent and child by adoption.
 
 

Section 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.
 
 

Section 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.
 
 

Section 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.
 
 

Section 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.
 
 

Section 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.
 
 

Section 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.
 
 

Section 240.3. Compensation for Past Official Action.

 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.
 
 

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.
 
 

Section 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.
 
 

Section 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.
 
 

Section 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.
 
 

Section 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.
 
 

Section 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.
 
 

Section 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 be 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.
 
 

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.
 
 

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.
 
 

Section 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.
 
 

Section 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).
 
 

Section 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.
 
 

Section 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.
 
 

Section 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.
 
 

Section 242.0. Definitions.

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

Section 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.
 
 

Section 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.
 
 

Section 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.
 
 

Section 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.
 
 

Section 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.
 
 

Section 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.

 (3) 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.
 
 

Section 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.
 
 

Section 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.
 
 

Section 243.0. Definitions.

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

Section 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.
 
 

Section 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.
 
 

Section 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.
 
 

Section 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.
 
 

Section 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.
 
 

Section 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.
 
 

Section 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.
 
 

Section 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.
 
 

Section 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.
 
 

Section 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.
 
 

Section 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.
 
 

Section 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.
 
 

Section 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

 (3) kills or injures any animal belonging to another without legal privilege or consent of the owner.

Subsections (1) and (2) shall not be deemed applicable to accepted veterinary practices and activities carried on for scientific research.
 
 

Section 250.12. Violation of Privacy.

 (1) Unlawful Eavesdropping or Surveillance.  A person commits a misdemeanor if, except as authorized by law, he:

  (a) trespasses on property with purpose to subject anyone to eavesdropping or other surveillance in a private place;  or

  (b) installs in any private place, without the consent of the person or persons entitled to privacy there, any device for observing, photographing, recording, amplifying or broadcasting sounds or events in such place, or uses any such unauthorized installation;  or

  (c) installs or uses outside a private place any device for hearing, recording, amplifying or broadcasting sounds originating in such place which would not ordinarily be audible or comprehensible outside, without the consent of the person or persons entitled to privacy there.

"Private place" means a place where one may reasonably expect to be safe from casual or hostile intrusion or surveillance, but does not include a place to which the public or a substantial group thereof has access.

 (2) Other Breach of Privacy of Messages.  A person commits a misdemeanor if, except as authorized by law, he:

  (a) intercepts without the consent of the sender or receiver a message by telephone, telegraph, letter or other means of communicating privately;  but this paragraph does not extend to (i) overhearing of messages through a regularly installed instrument on a telephone party line or on an extension, or (ii) interception by the telephone company or subscriber incident to  enforcement of regulations limiting use of the facilities or incident to other normal operation and use;  or

  (b) divulges without the consent of the sender or receiver the existence or contents of any such message if the actor knows that the message was illegally intercepted, or if he learned of the message in the course of employment with an agency engaged in transmitting it.
 
 

Section 251.1. Open Lewdness.

 A person commits a petty misdemeanor if he does any lewd act which he knows is likely to be observed by others who would be affronted or alarmed.
 
 

Section 251.2. Prostitution and Related Offenses.

 (1) Prostitution.  A person is guilty of prostitution, a petty misdemeanor, if he or she:

  (a) is an inmate of a house of prostitution or otherwise engages in sexual activity as a business;  or

  (b) loiters in or within view of any public place for the purpose of being hired to engage in sexual activity.

"Sexual activity" includes homosexual and other deviate sexual relations.  A "house of prostitution" is any place where prostitution or promotion of prostitution is regularly carried on by one person under the control, management or supervision of another.  An "inmate" is a person who engages in prostitution in or through the agency of a house of prostitution.  "Public place" means any place to which the public or any substantial group thereof has access.

 (2) Promoting Prostitution.  A person who knowingly promotes prostitution of another commits a misdemeanor or felony as provided in Subsection (3).  The following acts shall, without limitation of the foregoing, constitute promoting prostitution:

  (a) owning, controlling, managing, supervising or otherwise keeping, alone or in association with others, a house of prostitution or a prostitution business;  or

  (b) procuring an inmate for a house of prostitution or a place in a house of prostitution for one who would be an inmate;  or

  (c) encouraging, inducing, or otherwise purposely causing another to become or remain a prostitute;  or

  (d) soliciting a person to patronize a prostitute;  or

  (e) procuring a prostitute for a patron;  or

  (f) transporting a person into or within this state with purpose to promote that person's engaging in prostitution, or procuring or paying for transportation with that purpose;  or

  (g) leasing or otherwise permitting a place controlled by the actor, alone or in association with others, to be regularly used for prostitution or the promotion of prostitution, or failure to make reasonable effort to abate such use by ejecting the tenant, notifying law enforcement authorities, or other legally available means;  or

  (h) soliciting, receiving, or agreeing to receive any benefit for doing or agreeing to do anything forbidden by this Subsection.

 (3) Grading of Offenses Under Subsection (2).  An offense under Subsection (2) constitutes a felony of the third degree if:

  (a) the offense falls within paragraph (a), (b) or (c) of Subsection (2);  or

  (b) the actor compels another to engage in or promote prostitution;  or

  (c) the actor promotes prostitution of a child under 16, whether or not he is aware of the child's age;  or

  (d) the actor promotes prostitution of his wife, child, ward or any person for whose care, protection or support he is responsible.

Otherwise the offense is a misdemeanor.

 (4) Presumption from Living off Prostitutes.  A person, other than the prostitute or the prostitute's minor child or other legal dependent incapable of self-support, who is supported in whole or substantial part by the proceeds of prostitution is presumed to be knowingly promoting prostitution in violation of Subsection (2).

 (5) Patronizing Prostitutes.  A person commits a violation if he hires a prostitute to engage in sexual activity with him, or if he enters or remains in a house of prostitution for the purpose of engaging in sexual activity.

 (6) Evidence.  On the issue whether a place is a house of prostitution the following shall be admissible evidence:  its general repute;  the repute of the persons who reside in or frequent the place;  the frequency, timing and duration of visits by non-residents.  Testimony of a person against his spouse shall be admissible to prove offenses under this Section.
 
 

Section 251.3. Loitering to Solicit Deviate Sexual Relations.

 A person is guilty of a petty misdemeanor if he loiters in or near any public place for the purpose of soliciting or being solicited to engage in deviate sexual relations.
 
 

Section 251.4. Obscenity.

 (1) Obscene Defined.  Material is obscene if, considered as a whole, its predominant appeal is to prurient interest, that is, a shameful or morbid interest, in nudity, sex or excretion, and if in addition it goes substantially beyond customary limits of candor in describing or representing such matters.  Predominant appeal shall be judged with reference to ordinary adults unless it appears from the character of the material or the circumstances of its dissemination to be designed for children or other specially susceptible audience.  Undeveloped photographs, molds, printing plates, and the like, shall be deemed obscene notwithstanding that processing or other acts may be required to make the obscenity patent or to disseminate it.

 (2) Offenses.  Subject to the affirmative defense provided in Subsection (3), a person commits a misdemeanor if he knowingly or recklessly:

  (a) sells, delivers or provides, or offers or agrees to sell, deliver or provide, any obscene writing, picture, record or other representation or embodiment of the obscene;  or

  (b) presents or directs an obscene play, dance or performance, or participates in that portion thereof which makes it obscene;  or

  (c) publishes, exhibits or otherwise makes available any obscene material;  or

  (d) possesses any obscene material for purposes of sale or other commercial dissemination;  or

  (e) sells, advertises or otherwise commercially disseminates material, whether or not obscene, by representing or suggesting that it is obscene.

A person who disseminates or possesses obscene material in the course of his business is presumed to do so knowingly or recklessly.

 (3) Justifiable and Non-Commercial Private Dissemination.  It is an affirmative defense to prosecution under this Section that dissemination was restricted to:

  (a) institutions or persons having scientific, educational, governmental or other similar justification for possessing obscene material;  or

  (b) non-commercial dissemination to personal associates of the actor.

 (4) Evidence;  Adjudication of Obscenity.  In any prosecution under this Section evidence shall be admissible to show:

  (a) the character of the audience for which the material was designed or to which it was directed;

  (b) what the predominant appeal of the material would be for ordinary adults or any special audience to which it was directed, and what effect, if any, it would probably have on conduct of such people;

  (c) artistic, literary, scientific, educational or other merits of the material;

  (d) the degree of public acceptance of the material in the United States;

  (e) appeal to prurient interest, or absence thereof, in advertising or other promotion of the material;  and

  (f) the good repute of the author, creator, publisher or other person from whom the material originated.

Expert testimony and testimony of the author, creator, publisher or other person from whom the material originated, relating to factors entering into the determination of the issue of obscenity, shall be admissible.  The Court shall dismiss a prosecution for obscenity if it is satisfied that the material is not obscene.