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.
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(5) An offense defined by this Code or by any other statute of this State constitutes a violation if it is so designated in this Code or in the law defining the offense or if no other sentence than a fine, or fine and forfeiture or other civil penalty is authorized upon conviction or if it is defined by a statute other than this Code which now provides that the offense shall not constitute a crime. A violation does not constitute a crime and conviction of a violation shall not give rise to any disability or legal disadvantage based on conviction of a criminal offense.
(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 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
Section 221.2. Criminal Trespass.
(1) Buildings and Occupied Structures. A person commits an offense if, knowing that he is not licensed or privileged to do so, he enters or surreptitiously remains in any building or occupied structure, or separately secured or occupied portion thereof. An offense under this Subsection is a misdemeanor if it is committed in a dwelling at night. Otherwise it is a petty misdemeanor.
(2) Defiant Trespasser. A person commits an offense if, knowing that he is not licensed or privileged to do so, he enters or remains in any place as to which notice against trespass is given by:
(a) actual communication to the actor; or
(b) posting in a manner prescribed by law or reasonably likely to come to the attention of intruders; or
(c) fencing or other enclosure manifestly designed to exclude intruders.
An offense under this Subsection constitutes a petty misdemeanor if the offender defies an order to leave personally communicated to him by the owner of the premises or other authorized person. Otherwise it is a violation.
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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.
Section 250.5. Public Drunkenness; Drug Incapacitation.
A person is guilty of an offense if he appears in any public place
manifestly under the influence of alcohol, narcotics or other drug, not
therapeutically administered, to the degree that he may endanger himself
or other persons or property, or annoy persons in his vicinity. An
offense under this Section constitutes a petty misdemeanor
if the actor has been convicted hereunder twice before within a period
of one year. Otherwise the offense constitutes a violation.
Section 250.6. Loitering or Prowling.
A person commits a violation
if he loiters or prowls in a place,
at a time, or in a manner not usual for law-abiding individuals under circumstances
that warrant alarm for the safety of persons or property in the vicinity.
Among the circumstances which may be considered in determining whether
such alarm is warranted is the fact that the actor takes flight
upon appearance of a peace officer, refuses to identify himself, or manifestly
endeavors to conceal himself or any object. Unless flight by the
actor or other circumstance makes it impracticable, a peace officer shall
prior to any arrest for an offense under this section afford the actor
an opportunity to dispel any alarm which would otherwise be warranted,
by requesting him to identify himself and explain his presence and conduct.
No person shall be convicted of an offense under this Section if the peace
officer did not comply with the preceding sentence, or if it appears at
trial that the explanation given by the actor was true and, if believed
by the peace officer at the time, would have dispelled the alarm.
Section 250.7. Obstructing Highways and Other Public Passages.
(1) A person, who, having no legal privilege to do so, purposely or recklessly obstructs any highway or other public passage, whether alone or with others, commits a violation, or, in case he persists after warning by a law officer, a petty misdemeanor. "Obstructs" means renders impassable without unreasonable inconvenience or hazard. No person shall be deemed guilty of recklessly obstructing in violation of this Subsection solely because of a gathering of persons to hear him speak or otherwise communicate, or solely because of being a member of such a gathering.
(2) A person in a gathering commits a violation if he refuses to obey a reasonable official request or order to move:
(a) to prevent obstruction of a highway or other public passage; or
(b) to maintain public safety by dispersing those gathered in dangerous proximity to a fire or other hazard.
An order to move, addressed to a person whose speech or other lawful
behavior attracts an obstructing audience, shall not be deemed reasonable
if the obstruction can be readily remedied by police control of the size
or location of the gathering.
Section 251.2. Prostitution and Related Offenses.
(1) Prostitution. A person is guilty of prostitution, a petty misdemeanor, if he or she:
(a) is an inmate of a house of prostitution or otherwise engages in sexual activity as a business; or
(b) loiters in or within view of any public place for the purpose of being hired to engage in sexual activity.
"Sexual activity" includes homosexual and other deviate sexual relations. A "house of prostitution" is any place where prostitution or promotion of prostitution is regularly carried on by one person under the control, management or supervision of another. An "inmate" is a person who engages in prostitution in or through the agency of a house of prostitution. "Public place" means any place to which the public or any substantial group thereof has access.
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(5) Patronizing Prostitutes. A person commits a violation if he hires a prostitute to engage in sexual activity with him, or if he enters or remains in a house of prostitution for the purpose of engaging in sexual activity.
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