MODEL PENAL CODE ANNOTATED
 

MODEL PENAL CODE

Felonies
 

I. Felonies in the Model Penal Code

Felonies of the First Degree
Felonies of the Second Degree
Felonies of the Third Degree
 

II. General Provisions Regarding Felonies

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. 

* * *

 (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 6.01. Degrees of Felonies.

  (1) Felonies defined by this Code are classified, for the purpose of sentence, into three degrees, as follows:

    (a) felonies of the first degree;

    (b) felonies of the second degree;

    (c) felonies of the third degree.

  A felony is of the first or second degree when it is so designated by the Code.  A crime declared to be a felony, without specification of degree, is of the third degree.

  (2) Notwithstanding any other provision of law, a felony defined by any statute of this State other than this Code shall constitute for the purpose of sentence a felony of the third degree.
 
 

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 6.06. Sentence of Imprisonment for Felony;  Ordinary Terms.

  A person who has been convicted of a felony may be sentenced to imprisonment, as follows:

   (1) in the case of a felony of the first degree, for a term the minimum of which shall be fixed by the Court at not less than one year nor more than ten years, and the maximum of which shall be life imprisonment;

   (2) in the case of a felony of the second degree, for a term the minimum of which shall be fixed by the Court at not less than one year nor more than three years, and the maximum of which shall be ten years;

   (3) in the case of a felony of the third degree, for a term the minimum of which shall be fixed by the Court at not less than one year nor more than two years, and the maximum of which shall be five years.
 
 

Alternate Section 6.06. Sentence of Imprisonment for Felony;  Ordinary Terms.

  A person who has been convicted of a felony may be sentenced to imprisonment, as follows:

   (1) in the case of a felony of the first degree, for a term the minimum of which shall be fixed by the Court at not less than one year nor more than ten years, and the maximum at not more than twenty years or at life imprisonment;
 
   (2) in the case of a felony of the second degree, for a term the minimum of which shall be fixed by the Court at not less than one year nor more than three years, and the maximum at not more than ten years;

   (3) in the case of a felony of the third degree, for a term the minimum of which shall be fixed by the Court at not less than one year nor more than two years, and the maximum at not more than five years.

  No sentence shall be imposed under this Section of which the minimum is longer than one-half the maximum, or, when the maximum is life imprisonment, longer than ten years.
 
 
Section 6.07. Sentence of Imprisonment for Felony;  Extended Terms.

  In the cases designated in Section 7.03, a person who has been convicted of a felony may be sentenced to an extended term of imprisonment, as follows:

   (1) in the case of a felony of the first degree, for a term the minimum of which shall be fixed by the Court at not less than five years nor more than ten years, and the maximum of which shall be life imprisonment;

   (2) in the case of a felony of the second degree, for a term the minimum of  which shall be fixed by the Court at not less than one year nor more than five years, and the maximum of which shall be fixed by the Court at not less than ten nor more than twenty years;
 
  (3) in the case of a felony of the third degree, for a term the minimum of which shall be fixed by the Court at not less than one year nor more than three years, and the maximum of which shall be fixed by the Court at not less than five nor more than ten years.
 
 

Section 6.12. Reduction of Conviction by Court to Lesser Degree of Felony or to Misdemeanor.

  If, when a person has been convicted of a felony, the Court, having regard to the nature and circumstances of the crime and to the history and character of the defendant, is of the view that it would be unduly harsh to sentence the offender in accordance with the Code, the Court may enter judgment of conviction for a lesser degree of felony or for a misdemeanor and impose sentence accordingly.
 
 

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 7.03. Criteria for Sentence of Extended Term of Imprisonment;  Felonies.

  The Court may sentence a person who has been convicted of a felony 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 is over twenty-one years of age and has previously been convicted of two felonies or of one felony and two misdemeanors, 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 the defendant is over twenty-one years of age and:

     (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 dangerous, mentally abnormal person 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 been subjected to a psychiatric examination resulting in the conclusions that his mental condition is gravely abnormal;  that his criminal conduct has been characterized by a pattern of repetitive or compulsive behavior or by persistent aggressive behavior with heedless indifference to consequences; and that such condition makes him a serious danger to others.

   (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 two or more felonies, or is already under sentence of imprisonment for felony, and the sentences of imprisonment involved will run concurrently under Section 7.06;  or

     (b) the defendant admits in open court the commission of one or more other felonies and asks that they be taken into account when he is sentenced;  and

     (c) the longest sentences of imprisonment authorized for each of the defendant's crimes, including admitted crimes taken into account, if made to run consecutively would exceed in length the minimum and maximum of the extended term imposed.