MODEL PENAL CODE
Section 1.03. Territorial Applicability.
(1) Except as otherwise provided in this Section, a person may be convicted under the law of this State of an offense committed by his own conduct or the conduct of another for which he is legally accountable if:
(a) either the conduct which is an element of the offense or the result which is such an element occurs within this State; or
(b) conduct occurring outside the State is sufficient under the law of this State to constitute an attempt to commit an offense within the State; or
(c) conduct occurring outside the State is sufficient under the law of this State to constitute a conspiracy to commit an offense within the State and an overt act in furtherance of such conspiracy occurs within the State; or
(d) conduct occurring within the State establishes complicity in the commission of, or an attempt, solicitation or conspiracy to commit, an offense in another jurisdiction which also is an offense under the law of this State; or
(e) the offense consists of the omission to perform a legal duty imposed by the law of the State with respect to domicile, residence or a relationship to a person, thing or transaction in the State; or
(f) the offense is based on a statute of this State which expressly prohibits conduct outside the State, when the conduct bears a reasonable relation to a legitimate interest of this State and the actor knows or should know that his conduct is likely to affect that interest.
(2) Subsection (1)(a) does not apply when either causing a specified result or a purpose to cause or danger of causing such a result is an element of an offense and the result occurs or is designed or likely to occur only in another jurisdiction where the conduct charged would not constitute an offense, unless a legislative purpose plainly appears to declare the conduct criminal regardless of the place of the result.
(3) Subsection (1)(a) does not apply when causing a particular result is an element of an offense and the result is caused by conduct occurring outside the State which would not constitute an offense if the result had occurred there, unless the actor purposely or knowingly caused the result within the State.
(4) When the offense is homicide, either the death of the victim or the bodily impact causing death constitutes a "result," within the meaning of Subsection (1)(a) and if the body of a homicide victim is found within the State, it is presumed that such result occurred within the State.
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Section 2.09. Duress.
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(3) It is not a defense
that a woman acted on the command of her husband, unless she acted under
such coercion as would establish a defense under this Section. [The
presumption that a woman, acting
in the presence of her husband, is coerced is abolished.]
Section 5.03. Criminal Conspiracy.
(1) Definition of Conspiracy. A person is guilty of conspiracy with another person or persons to commit a crime if with the purpose of promoting or facilitating its commission he:
(a) agrees with such other person or persons that they or one or more of them will engage in conduct which constitutes such crime or an attempt or solicitation to commit such crime; or
(b) agrees to aid such other person or persons in the planning or commission of such crime or of an attempt or solicitation to commit such crime.
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(7) Duration of Conspiracy. For purposes of Section 1.06(4):
(a) conspiracy is a continuing course of conduct which terminates when the crime or crimes which are its object are committed or the agreement that they be committed is abandoned by the defendant and by those with whom he conspired; and
(b) such abandonment is presumed if neither the defendant nor anyone with whom he conspired does any overt act in pursuance of the conspiracy during the applicable period of limitation; and
(c) if an individual abandons the agreement, the
conspiracy is terminated as to him only if and when he advises those with
whom he conspired of his abandonment or he informs the law enforcement
authorities of the existence of the conspiracy and of his participation
Section 5.06. Possessing Instruments of Crime; Weapons.
(1) Criminal Instruments Generally. A person commits a misdemeanor if he possesses any instrument of crime with purpose to employ it criminally. "Instrument of crime" means:
(a) anything specially made or specially adapted for criminal use; or
(b) anything commonly used for criminal purposes and possessed by the actor under circumstances which do not negative unlawful purpose.
(2) Presumption of Criminal Purpose from Possession of Weapon. If a person possesses a firearm or other weapon on or about his person, in a vehicle occupied by him, or otherwise readily available for use, it is presumed that he had the purpose to employ it criminally, unless:
(a) the weapon is possessed in the actor's home or place of business;
(b) the actor is licensed or otherwise authorized by law to possess such weapon; or
(c) the weapon is of a type commonly used in lawful sport.
"Weapon" means anything readily capable of lethal use and possessed under circumstances not manifestly appropriate for lawful uses which it may have; the term includes a firearm which is not loaded or lacks a clip or other component to render it immediately operable, and components which can readily be assembled into a weapon.
(3) Presumptions as to Possession of Criminal Instruments in Automobiles. Where a weapon or other instrument of crime is found in an automobile, it shall be presumed to be in the possession of the occupant if there is but one. If there is more than one occupant, it shall be presumed to be in the possession of all, except under the following circumstances:
(a) where it is found upon the person of one of the occupants;
(b) where the automobile is not a stolen one and the weapon or instrument is found out of view in a glove compartment, car trunk, or other enclosed customary depository, in which case it shall be presumed to be in the possession of the occupant or occupants who own or have authority to operate the automobile;
(c) in the case of a taxicab, a weapon or instrument
found in the passengers' portion of the vehicle shall be presumed
to be in the possession of all the passengers, if there are any, and, if
not, in the possession of the driver.
Section 5.07. Prohibited Offensive Weapons.
A person commits a misdemeanor
if, except as authorized by law, he makes, repairs, sells, or otherwise
deals in, uses, or possesses any offensive weapon. "Offensive weapon"
means any bomb, machine gun, sawed-off shotgun, firearm specially made
or specially adapted for concealment or silent discharge, any blackjack,
sandbag, metal knuckles, dagger, or other implement for the infliction
of serious bodily injury which serves no common lawful purpose. It
is a defense under this Section for the defendant to prove by a preponderance
of evidence that he possessed or dealt with the weapon solely as a curio
or in a dramatic performance, or that he possessed it briefly in consequence
of having found it or taken it from an aggressor, or under circumstances
similarly negativing any purpose or likelihood that the weapon would be
used unlawfully. The presumptions provided in Section 5.06(3)
are applicable to prosecutions under this Section.
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 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 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.
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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
Section 223.8. Theft by Failure to Make Required Disposition of Funds Received.
A person who purposely
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
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 251.2. Prostitution and Related Offenses.
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(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.
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(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).
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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.
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