MODEL PENAL CODE
Section 1.04. Classes of Crimes; Violations.
(1) An offense defined by this Code or by any other statute of this State, for which a sentence of [death or of] imprisonment is authorized, constitutes a crime. Crimes are classified as felonies, misdemeanors or petty misdemeanors.
(2) A crime is a felony if it is so designated in this Code or if persons convicted thereof may be sentenced [to death or] to imprisonment for a term which, apart from an extended term, is in excess of one year.
(3) A crime is a misdemeanor if it is so designated in this Code or in a statute other than this Code enacted subsequent thereto.
(4) A crime is a petty misdemeanor if it is so designated in this Code or in a statute other than this Code enacted subsequent thereto or if it is defined by a statute other than this Code which now provides that persons convicted thereof may be sentenced to imprisonment for a term of which the maximum is less than one year.
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(6) Any offense declared by law to constitute a crime, without
specification of the grade thereof or of the sentence authorized upon conviction,
is a misdemeanor.
Section 6.03. Fines.
A person who has been convicted of an offense may be sentenced to pay a fine not exceeding:
(1) $10,000, when the conviction is of a felony of the first or second degree;
(2) $5,000, when the conviction is of a felony of the third degree;
(3) $1,000, when the conviction is of a misdemeanor;
(4) $500, when the conviction is of a petty misdemeanor or a violation;
(5) any higher amount equal to double the pecuniary gain derived from the offense by the offender;
(6) any higher amount specifically authorized by statute.
Section 6.08. Sentence of Imprisonment for Misdemeanors and Petty Misdemeanors; Ordinary Terms.
A person who has been convicted of a misdemeanor or a petty misdemeanor
may be sentenced to imprisonment for a definite term which shall be fixed
by the Court and shall not exceed one year in the case of a misdemeanor
or thirty days in the case of a petty misdemeanor.
Section 6.09. Sentence of Imprisonment for Misdemeanors and Petty Misdemeanors; Extended Terms.
(1) In the cases designated in Section 7.04, a person who has been convicted of a misdemeanor or a petty misdemeanor may be sentenced to an extended term of imprisonment, as follows:
(a) in the case of a misdemeanor, for a term the minimum of which shall be fixed by the Court at not more than one year and the maximum of which shall be three years;
(b) in the case of a petty misdemeanor, for a term the minimum of which shall be fixed by the Court at not more than six months and the maximum of which shall be two years.
(2) No such sentence for an extended term shall be imposed unless:
(a) the Director of Correction has certified that there is an institution in the Department of Correction, or in a county, city [or other appropriate political subdivision of the State] which is appropriate for the detention and correctional treatment of such misdemeanants or petty misdemeanants, and that such institution is available to receive such commitments; and
(b) the [Board of Parole] [Parole Administrator]
has certified that the Board of Parole is able to visit such institution
and to assume responsibility for the release of such prisoners on parole
and for their parole supervision.
Section 7.01. Criteria for Withholding Sentence of Imprisonment and for Placing Defendant on Probation.
(1) The Court shall deal with a person who has been convicted of a crime without imposing sentence of imprisonment unless, having regard to the nature and circumstances of the crime and the history, character and condition of the defendant, it is of the opinion that his imprisonment is necessary for protection of the public because:
(a) there is undue risk that during the period of a suspended sentence or probation the defendant will commit another crime; or
(b) the defendant is in need of correctional treatment that can be provided most effectively by his commitment to an institution; or
(c) a lesser sentence will depreciate the seriousness of the defendant's crime.
(2) The following grounds, while not controlling the discretion of the Court, shall be accorded weight in favor of withholding sentence of imprisonment:
(a) the defendant's criminal conduct neither caused nor threatened serious harm;
(b) the defendant did not contemplate that his criminal conduct would cause or threaten serious harm;
(c) the defendant acted under a strong provocation;
(d) there were substantial grounds tending to excuse or justify the defendant's criminal conduct, though failing to establish a defense;
(e) the victim of the defendant's criminal conduct induced or facilitated its commission;
(f) the defendant has compensated or will compensate the victim of his criminal conduct for the damage or injury that he sustained;
(g) the defendant has no history of prior delinquency or criminal activity or has led a law-abiding life for a substantial period of time before the commission of the present crime;
(h) the defendant's criminal conduct was the result of circumstances unlikely to recur;
(i) the character and attitudes of the defendant indicate that he is unlikely to commit another crime;
(j) the defendant is particularly likely to respond affirmatively to probationary treatment;
(k) the imprisonment of the defendant would entail excessive hardship to himself or his dependents.
(3) When a person who has been convicted of a crime is not sentenced
to imprisonment, the Court shall place him on probation if he is in need
of the supervision, guidance, assistance or direction that the probation
service can provide.
Section 7.02. Criteria for Imposing Fines.
(1) The Court shall not sentence a defendant only to pay a fine, when any other disposition is authorized by law, unless having regard to the nature and circumstances of the crime and to the history and character of the defendant, it is of the opinion that the fine alone suffices for protection of the public.
(2) The Court shall not sentence a defendant to pay a fine in addition to a sentence of imprisonment or probation unless:
(a) the defendant has derived a pecuniary gain from the crime; or
(b) the Court is of opinion that a fine is specially adapted to deterrence of the crime involved or to the correction of the offender.
(3) The Court shall not sentence a defendant to pay a fine unless:
(a) the defendant is or will be able to pay the fine; and
(b) the fine will not prevent the defendant from making restitution or reparation to the victim of the crime.
(4) In determining the amount and method of payment of a fine,
the Court shall take into account the financial resources of the defendant
and the nature of the burden that its payment will impose.
Section 7.04. Criteria for Sentence of Extended Term of Imprisonment; Misdemeanors and Petty Misdemeanors.
The Court may sentence a person who has been convicted of a misdemeanor or petty misdemeanor to an extended term of imprisonment if it finds one or more of the grounds specified in this Section. The finding of the Court shall be incorporated in the record.
(1) The defendant is a persistent offender whose commitment for an extended term is necessary for protection of the public.
The Court shall not make such a finding unless the defendant has previously been convicted of two crimes, committed at different times when he was over [insert Juvenile Court age] years of age.
(2) The defendant is a professional criminal whose commitment for an extended term is necessary for protection of the public.
The Court shall not make such a finding unless:
(a) the circumstances of the crime show that the defendant has knowingly devoted himself to criminal activity as a major source of livelihood; or
(b) the defendant has substantial income or resources not explained to be derived from a source other than criminal activity.
(3) The defendant is a chronic alcoholic, narcotic addict, prostitute or person of abnormal mental condition who requires rehabilitative treatment for a substantial period of time.
The Court shall not make such a finding unless, with respect to the particular category to which the defendant belongs, the Director of Correction has certified that there is a specialized institution or facility which is satisfactory for the rehabilitative treatment of such persons and which otherwise meets the requirements of Section 6.09, Subsection (2).
(4) The defendant is a multiple offender whose criminality was so extensive that a sentence of imprisonment for an extended term is warranted.
The Court shall not make such a finding unless:
(a) the defendant is being sentenced for a number of misdemeanors or petty misdemeanors or is already under sentence of imprisonment for crime of such grades, or admits in open court the commission of one or more such crimes and asks that they be taken into account when he is sentenced; and
(b) maximum fixed sentences of imprisonment
for each of the defendant's crimes, including admitted crimes taken into
account, if made to run consecutively, would exceed in length the maximum
period of the extended term imposed.