MODEL PENAL CODE
[Section 210.6. Sentence of Death for Murder; Further Proceedings to Determine Sentence].
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(4) Mitigating Circumstances.
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(c) The victim was a participant in the defendant's homicidal
conduct or consented
to the homicidal act.
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.
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 223.1. Consolidation of Theft Offenses; Grading; Provisions Applicable to Theft Generally.
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(3) Claim of Right. It is an affirmative defense to prosecution for theft that the actor:
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(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.
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 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.