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Model Penal Code Annotated
Table of Contents
PART I. GENERAL PROVISIONS
ARTICLE 1. PRELIMINARY
§ 1.01. Title and Effective Date.
§ 1.02. Purposes; Principles of Construction.
§ 1.03. Territorial Applicability.
§ 1.04. Classes of Crimes; Violations.
§ 1.05. All Offenses Defined by Statute; Application of General Provisions of the Code.
§ 1.06. Time Limitations.
§ 1.07. Method of Prosecution When Conduct Constitutes More Than One Offense.
§ 1.08. When Prosecution Barred by Former Prosecution for the Same Offense.
§ 1.09. When Prosecution Barred by Former Prosecution for Different Offense.
§ 1.10. Former Prosecution in Another Jurisdiction: When a Bar.
§ 1.11. Former Prosecution Before Court Lacking Jurisdiction or When Fraudulently Procured by the Defendant.
§ 1.12. Proof Beyond a Reasonable Doubt; Affirmative Defenses; Burden of Proving Fact When Not an Element of an Offense; Presumptions.
§ 1.13. General Definitions.
ARTICLE 2. GENERAL PRINCIPLES OF LIABILITY
§ 2.01. Requirement of Voluntary Act; Omission as Basis of Liability; Possession as an Act.
§ 2.02. General Requirements of Culpability.
§ 2.03. Causal Relationship Between Conduct and Result; Divergence Between Result Designed or Contemplated and Actual Result or Between Probable and Actual Result.
§ 2.04. Ignorance or Mistake.
§ 2.05. When Culpability Requirements Are Inapplicable to Violations and to Offenses Defined by Other Statutes; Effect of Absolute Liability in Reducing Grade of Offense to Violation.
§ 2.06. Liability for Conduct of Another; Complicity.
§ 2.07. Liability of Corporations, Unincorporated Associations and Persons Acting, or Under a Duty to Act, in Their Behalf.
§ 2.08. Intoxication.
§ 2.09. Duress.
§ 2.10. Military Orders.
§ 2.11. Consent.
§ 2.12. De Minimis Infractions.
§ 2.13. Entrapment.
ARTICLE 3. GENERAL PRINCIPLES OF JUSTIFICATION
§ 3.01. Justification an Affirmative Defense; Civil Remedies Unaffected.
§ 3.02. Justification Generally: Choice of Evils.
§ 3.03. Execution of Public Duty.
§ 3.04. Use of Force in Self-Protection.
§ 3.05. Use of Force for the Protection of Other Persons.
§ 3.06. Use of Force for the Protection of Property.
§ 3.07. Use of Force in Law Enforcement.
§ 3.08. Use of Force by Persons with Special Responsibility for Care, Discipline or Safety of Others.
§ 3.09. Mistake of Law as to Unlawfulness of Force or Legality of Arrest; Reckless or Negligent Use of Otherwise Justifiable Force; Reckless or Negligent Injury or Risk of Injury to Innocent Persons.
§ 3.10. Justification in Property Crimes.
§ 3.11. Definitions.
ARTICLE 4. RESPONSIBILITY
§ 4.01. Mental Disease or Defect Excluding Responsibility.
§ 4.02. Evidence of Mental Disease or Defect Admissible When Relevant to Element of the Offense; [Mental Disease or Defect Impairing Capacity as Ground for Mitigation of Punishment in Capital Cases].
§ 4.03. Mental Disease or Defect Excluding Responsibility Is Affirmative Defense; Requirement of Notice; Form of Verdict and Judgment When Finding of Irresponsibility Is Made.
§ 4.04. Mental Disease or Defect Excluding Fitness to Proceed.
§ 4.05. Psychiatric Examination of Defendant with Respect to Mental Disease or Defect.
§ 4.06. Determination of Fitness to Proceed; Effect of Finding of Unfitness; Proceedings if Fitness is Regained [; Post-Commitment Hearing].
§ 4.07. Determination of Irresponsibility on Basis of Report; Access to Defendant by Psychiatrist of His Own Choice; Form of Expert Testimony When Issue of Responsibility Is Tried.
§ 4.08. Legal Effect of Acquittal on the Ground of Mental Disease or Defect Excluding Responsibility; Commitment; Release or Discharge.
§ 4.09. Statements for Purposes of Examination or Treatment Inadmissible Except on Issue of Mental Condition.
§ 4.10. Immaturity Excluding Criminal Convictions; Transfer of Proceedings to Juvenile Court.
ARTICLE 5. INCHOATE CRIMES
§ 5.01. Criminal Attempt.
§ 5.02. Criminal Solicitation.
§ 5.03. Criminal Conspiracy.
§ 5.04. Incapacity, Irresponsibility or Immunity of Party to Solicitation or Conspiracy.
§ 5.05. Grading of Criminal Attempt, Solicitation and Conspiracy; Mitigation in Cases of Lesser Danger; Multiple Convictions Barred.
§ 5.06. Possessing Instruments of Crime; Weapons.
§ 5.07. Prohibited Offensive Weapons.
ARTICLE 6. AUTHORIZED DISPOSITION OF OFFENDERS
§ 6.01. Degrees of Felonies.
§ 6.02. Sentence in Accordance with Code; Authorized Dispositions.
§ 6.03. Fines.
§ 6.04. Penalties Against Corporations and Unincorporated Association; Forfeiture of Corporate Charter or Revocation of Certificate Authorizing Foreign Corporation to Do Business in the State.
§ 6.05. Young Adult Offenders.
§ 6.06. Sentence of Imprisonment for Felony; Ordinary Terms.
§ 6.07. Sentence of Imprisonment for Felony; Extended Terms.
§ 6.08. Sentence of Imprisonment for Misdemeanors and Petty Misdemeanors; Ordinary Terms.
§ 6.09. Sentence of Imprisonment for Misdemeanors and Petty Misdemeanors; Extended Terms.
§ 6.10. First Release of All Offenders on Parole; Sentence of Imprisonment Includes Separate Parole Term; Length of Parole Term; Length of Recommitment and Reparole After Revocation of Parole; Final Unconditional Release.
§ 6.11. Place of Imprisonment.
§ 6.12. Reduction of Conviction by Court to Lesser Degree of Felony or to Misdemeanor.
§ 6.13. Civil Commitment in Lieu of Prosecution or of Sentence.
ARTICLE 7. AUTHORITY OF COURT IN SENTENCING
§ 7.01. Criteria for Withholding Sentence of Imprisonment and for Placing Defendant on Probation.
§ 7.02. Criteria for Imposing Fines.
§ 7.03. Criteria for Sentence of Extended Term of Imprisonment; Felonies.
§ 7.04. Criteria for Sentence of Extended Term of Imprisonment; Misdemeanors and Petty Misdemeanors.
§ 7.05. Former Conviction in Another Jurisdiction; Definition and Proof of Conviction; Sentence Taking Into Account Admitted Crimes Bars Subsequent Conviction for Such Crimes.
§ 7.06. Multiple Sentences; Concurrent and Consecutive Terms.
§ 7.07. Procedure on Sentence; Pre-sentence Investigation and Report; Remand for Psychiatric Examination; Transmission of Records to Department of Correction.
§ 7.08. Commitment for Observation; Sentence of Imprisonment for Felony Deemed Tentative for Period of One Year; Re-sentence on Petition of Commissioner of Correction.
§ 7.09. Credit for Time of Detention Prior to Sentence; Credit for Imprisonment Under Earlier Sentence for the Same Crime.
PART II. DEFINITION OF SPECIFIC CRIMES
OFFENSES AGAINST EXISTENCE OR STABILITY OF THE STATE
ARTICLE 200. OFFENSES AGAINST EXISTENCE OR STABILITY OF THE STATE
OFFENSES INVOLVING DANGER TO THE PERSON
ARTICLE 210. CRIMINAL HOMICIDE
§ 210.0. Definitions.
§ 210.1. Criminal Homicide.
§ 210.2. Murder.
§ 210.3. Manslaughter.
§ 210.4. Negligent Homicide.
§ 210.5. Causing or Aiding Suicide.
[§ 210.6. Sentence of Death for Murder; Further Proceedings to Determine Sentence].
ARTICLE 211. ASSAULT; RECKLESS ENDANGERING; THREATS
§ 211.0. Definitions.
§ 211.1. Assault.
§ 211.2. Recklessly Endangering Another Person.
§ 211.3. Terroristic Threats.
ARTICLE 212. KIDNAPPING AND RELATED OFFENSES; COERCION
§ 212.0. Definitions.
§ 212.1. Kidnapping.
§ 212.2. Felonious Restraint.
§ 212.3. False Imprisonment.
§ 212.4. Interference with Custody.
§ 212.5. Criminal Coercion.
ARTICLE 213. SEXUAL OFFENSES
§ 213.0. Definitions.
§ 213.1. Rape and Related Offenses.
§ 213.2. Deviate Sexual Intercourse by Force or Imposition.
§ 213.3. Corruption of Minors and Seduction.
§ 213.4. Sexual Assault.
§ 213.5. Indecent Exposure.
§ 213.6. Provisions Generally Applicable to Article 213.
OFFENSES AGAINST PROPERTY
ARTICLE 220. ARSON, CRIMINAL MISCHIEF, AND OTHER PROPERTY DESTRUCTION
§ 220.1. Arson and Related Offenses.
§ 220.2. Causing or Risking Catastrophe.
§ 220.3. Criminal Mischief.
ARTICLE 221. BURGLARY AND OTHER CRIMINAL INTRUSION
§ 221.0. Definitions.
§ 221.1. Burglary.
§ 221.2. Criminal Trespass.
ARTICLE 222. ROBBERY
§ 222.1. Robbery.
ARTICLE 223. THEFT AND RELATED OFFENSES
§ 223.0. Definitions.
§ 223.1. Consolidation of Theft Offenses; Grading; Provisions
§ 223.2. Theft by Unlawful Taking or Disposition.
§ 223.3. Theft by Deception.
§ 223.4. Theft by Extortion.
§ 223.5. Theft of Property Lost, Mislaid, or Delivered by Mistake.
§ 223.6. Receiving Stolen Property.
§ 223.7. Theft of Services.
§ 223.8. Theft by Failure to Make Required Disposition of Funds Received.
§ 223.9. Unauthorized Use of Automobiles and Other Vehicles.
ARTICLE 224. FORGERY AND FRAUDULENT PRACTICES
§ 224.0. Definitions.
§ 224.1. Forgery.
§ 224.2. Simulating Objects of Antiquity, Rarity, Etc.
§ 224.3. Fraudulent Destruction, Removal or Concealment of Recordable Instruments.
§ 224.4. Tampering with Records.
§ 224.5. Bad Checks.
§ 224.6. Credit Cards.
§ 224.7. Deceptive Business Practices.
§ 224.8. Commercial Bribery and Breach of Duty to Act Disinterestedly.
§ 224.9. Rigging Publicly Exhibited Contest.
§ 224.10. Defrauding Secured Creditors.
§ 224.11. Fraud in Insolvency.
§ 224.12. Receiving Deposits in a Failing Financial Institution.
§ 224.13. Misapplication of Entrusted Property and Property of Government or Financial Institution.
§ 224.14. Securing Execution of Documents by Deception.
OFFENSES AGAINST THE FAMILY
ARTICLE 230. OFFENSES AGAINST THE FAMILY
§ 230.1. Bigamy and Polygamy.
§ 230.2. Incest.
§ 230.3. Abortion.
§ 230.4. Endangering Welfare of Children.
§ 230.5. Persistent Non-Support.
OFFENSES AGAINST PUBLIC ADMINISTRATION
ARTICLE 240. BRIBERY AND CORRUPT INFLUENCE
§ 240.0. Definitions.
§ 240.1. Bribery in Official and Political Matters.
§ 240.2. Threats and Other Improper Influence in Official and Political Matters.
§ 240.3. Compensation for Past Official Action.
§ 240.4. Retaliation for Past Official Action.
§ 240.5. Gifts to Public Servants by Persons Subject to Their Jurisdiction.
§ 240.6. Compensating Public Servant for Assisting Private Interests in Relation to Matters Before Him.
§ 240.7. Selling Political Endorsement; Special Influence.
ARTICLE 241. PERJURY AND OTHER FALSIFICATION IN OFFICIAL MATTERS
§ 241.0. Definitions.
§ 241.1. Perjury.
§ 241.2. False Swearing.
§ 241.3. Unsworn Falsification to Authorities.
§ 241.4. False Alarms to Agencies of Public Safety.
§ 241.5. False Reports to Law Enforcement Authorities.
§ 241.6. Tampering With Witnesses and Informants; Retaliation Against Them.
§ 241.7. Tampering with or Fabricating Physical Evidence.
§ 241.8. Tampering With Public Records or Information.
§ 241.9. Impersonating a Public Servant.
ARTICLE 242. OBSTRUCTING GOVERNMENTAL OPERATIONS; ESCAPES
§ 242.0. Definitions.
§ 242.1. Obstructing Administration of Law or Other Governmental Function.
§ 242.2. Resisting Arrest or Other Law Enforcement.
§ 242.3. Hindering Apprehension or Prosecution.
§ 242.4. Aiding Consummation of Crime.
§ 242.5. Compounding.
§ 242.6. Escape.
§ 242.7. Implements for Escape; Other Contraband.
§ 242.8. Bail Jumping; Default in Required Appearance.
ARTICLE 243. ABUSE OF OFFICE
§ 243.0. Definitions.
§ 243.1. Official Oppression.
§ 243.2. Speculating or Wagering on Official Action or Information.
OFFENSES AGAINST PUBLIC ORDER AND DECENCY
ARTICLE 250. RIOT, DISORDERLY CONDUCT, AND RELATED OFFENSES
§ 250.1. Riot; Failure to Disperse.
§ 250.2. Disorderly Conduct.
§ 250.3. False Public Alarms.
§ 250.4. Harassment.
§ 250.5. Public Drunkenness; Drug Incapacitation.
§ 250.6. Loitering or Prowling.
§ 250.7. Obstructing Highways and Other Public Passages.
§ 250.8. Disrupting Meetings and Processions.
§ 250.9. Desecration of Venerated Objects.
§ 250.10. Abuse of Corpse.
§ 250.11. Cruelty to Animals.
§ 250.12. Violation of Privacy.
ARTICLE 251. PUBLIC INDECENCY
§ 251.1. Open Lewdness.
§ 251.2. Prostitution and Related Offenses.
§ 251.3. Loitering to Solicit Deviate Sexual Relations.
§ 251.4. Obscenity.
PART III. TREATMENT AND CORRECTION
Article 301. Suspension of Sentence; Probation
§ 301.1. Conditions of Suspension or Probation.
§ 301.2. Period of Suspension or Probation; Modification of Conditions; Discharge of Defendant.
§ 301.3. Summons or Arrest of Defendant Under Suspended Sentence or on Probation; Commitment Without Bail; Revocation and Re- sentence.
§ 301.4. Notice and Hearing on Revocation or Modification of Conditions of Suspension or Probation.
§ 301.5. Order Removing Disqualification or Disability Based on Conviction.
§ 301.6. Suspension or Probation is Final Judgment for Other Purposes.
Article 302. Fines
§ 302.1. Time and Method of Payment; Disposition of Funds.
§ 302.2. Consequences of Non-Payment; Imprisonment for Contumacious Non- Payment; Summary Collection.
§ 302.3. Revocation of Fine.
Article 303. Short-Term Imprisonment
§ 303.1. State and Local Institutions for Short-Term Imprisonment; Review of Adequacy; Joint Use of Institutions; Approval of Plan of New Institutions.
§ 303.2. Records of Prisoners; Classification; Transfer.
§ 303.3. Segregation of Prisoners; Segregation and Transfer of Prisoners With Physical or Mental Diseases or Defects.
§ 303.4. Medical Care; Food and Clothing.
§ 303.5. Program of Rehabilitation.
§ 303.6. Discipline and Control.
§ 303.7. Employment and Labor of Prisoners.
§ 303.8. Reduction of Term for Good Behavior.
§ 303.9. Privilege of Leaving Institution for Work and Other Purposes; Conditions; Application of Earnings.
§ 303.10. Release from Institutions.
Article 304. Long-Term Imprisonment
§ 304.1. Reception Center; Reception Classification Boards; Reception Classification and Reclassification; Transfer of Prisoners.
§ 304.2. Institutions; Review of Adequacy; Use of Institutions of Another Jurisdiction
§ 304.3. Central Prisoner File; Treatment, Classification and Reclassification in Institutions.
§ 304.4. Segregation and Transfer of Prisoners with Physical or Mental Diseases or Defects.
§ 304.5. Medical Care, Food and Clothing.
§ 304.6. Program of Rehabilitation.
§ 304.7. Discipline and Control.
§ 304.8. Employment and Labor of Prisoners.
§ 304.9. Compassionate Leave; Pre-Parole Furlough.
§ 304.10. Release from Institutions.
Article 305. Release on Parole
§ 305.1. Reduction of Prison Term for Good Behavior.
§ 305.2. Reduction of Parole Term for Good Behavior.
§ 305.3. Award of Reduction of Term for Good Behavior.
§ 305.4. Forfeiture, Withholding, and Restoration of Reduction of Term for Good Behavior.
§ 305.5. Report of Reductions Granted, Forfeited and Restored.
§ 305.6. Parole Eligibility and Hearing.
§ 305.7. Preparation for Hearing; Assistance to Prisoner.
§ 305.8. Decision of Board of Parole; Reconsideration.
§ 305.9. Criteria for Determining Date of First Release on Parole.
§ 305.10. Data to Be Considered in Determining Parole Release.
§ 305.11. Eligibility for Discharge from Parole.
§ 305.12. Termination of Supervision; Discharge from Parole.
§ 305.13. Conditions of Parole.
§ 305.14. Parole Residence Facilities.
§ 305.15. Revocation of Parole for Violation of Condition; Hearing.
§ 305.16. Sanctions Short of Revocation for Violation of Condition of Parole.
§ 305.17. Duration of Re-imprisonment and Re-parole after Revocation.
§ 305.18. Parole to Detainers.
§ 305.19. Finality of Determinations with Respect to Reduction of Terms for Good Behavior and Parole.
Article 306. Loss and Restoration of Rights Incident to Conviction or Imprisonment
§ 306.1. Basis of Disqualification or Disability.
§ 306.2. Forfeiture of Public Office.
§ 306.3. Voting and Jury Service.
§ 306.4. Testimonial Capacity; Testimony of Prisoners.
§ 306.5. Appointment of Agent, Attorney-in-Fact or Trustee for Prisoner.
§ 306.6. Order Removing Disqualifications or Disabilities; Vacation of Conviction; Effect of Order of Removal or Vacation.
PART IV. ORGANIZATION OF CORRECTION
Article 401. Department of Correction
§ 401.1. Department of Correction; Creation; Responsibilities.
§ 401.2. Director of Correction; Appointment; Powers and Duties.
§ 401.3. Organization of Department of Correction.
§ 401.4. Division of Treatment Services; Deputy Director for Treatment Services.
§ 401.5. Division of Custodial Services; Deputy Director for Custodial Services.
§ 401.6. Division of Young Adult Correction; Deputy Director for Young Adult Correction
§ 401.7. Division of Prison Industries; Deputy Director for Prison Industries.
§ 401.8. Division of Fiscal Control; Deputy Director for Fiscal Control.
§ 401.9. Division of Research and Training; Deputy Director for Research and Training.
§ 401.10. Commission of Correction and Community Services; Organization; Functions.
§ 401.11. Visitation and Inspection of Institutions.
§ 401.12. Appointment and Promotion of Employees; Department Under Civil Service Law [Merit System].
Article 402. Board of Parole
§ 402.1. Board of Parole; Composition and Tenure.
§ 402.2. Powers and Duties of the Board of Parole.
§ 402.3. Young Adult Division of Board of Parole.
Article 403. Administration of Institutions
§ 403.1. Appointment of Personnel.
§ 403.2. Powers and Duties of Wardens and Other Administrative Heads of State and Local Institutions.
§ 403.3. Separation of Female Prisoners.
Article 404. Division of Parole
§ 404.1. Division of Parole; Parole Administrator.
§ 404.2. Powers and Duties of the Parole Administrator.
§ 404.3. Field Parole Service; Organization and Duties.
[Alternative Article 404. Division of Probation and Parole
§ 404.1. Division of Probation and Parole; Probation and Parole Administrator.
§ 404.2. Powers and Duties of the Probation and Parole Administrator.
§ 404.3. Field Probation and Parole Service; Organization and Duties.]
Article 405. Division of Probation
§ 405.1. Division of Probation; Probation Administrator.
§ 405.2. Powers and Duties of the Probation Administrator.
§ 405.3. Extension of Probation Field Services by Division of Probation.
§ 405.4. Field Probation Service; Organization and Duties.
[1] MPC © ALI, annotations & links © M. Dubber |