MODEL PENAL CODE ANNOTATED
 

MODEL PENAL CODE

 
Causation Offenses
 
I. "Purposely or knowingly causing a particular result"

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 210.5. 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 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 211.3. 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 212.4. 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.

* * *
 
 
 
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 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 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.

* * *
 
 

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.

 

II. "Recklessly or negligently causing a particular result"

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 210.3. 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 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.