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Penal Law - Consolidated Laws of Liberty


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PENAL LAW 

THE CONSOLIDATED LAWS OF LIBERTY

Last Amended January 19, 2023

 

TABLE OF CONTENTS

Part 1 - General Provisions

Title A - General Purposes, Rules of Construction, and Definitions

Article I - General Purposes

Section 111.00 - Short Title

Section 111.01 - General Purposes

Article II - Definitions

Section 112.00 - Definitions of terms of general use in this chapter.

 

Title B - Principles of Criminal Liability

Article I - Culpability

Section 121.00 - Definitions of terms.

Section 121.01 - Definitions of culpable mental states.

Section 121.02 - Effect of ignorance or mistake upon liability.

Section 121.03 - Effect of intoxication upon liability.

Article II - Parties to Offenses and liability through Accessorial Conduct

Section 122.00 - Criminal liability for conduct of another.

Section 122.01 - Criminal liability for conduct of another; no defense.

Section 122.02 - Convictions for different degrees of offense.

 

Title C - Defenses

Article I - Defense of Justification

Section 131.00 - Justification; Generally

Section 131.01 - Use of physical force in administration of medical care.

Section 131.02 - Use of physical force in defense of a person.

Section 131.03 - Use of physical force in resisting arrest prohibited.

Section 131.04 - Use of physical force in making an arrest or preventing an escape. 

Section 131.05 - Use of physical force in defense of premises and in defense of a person in the course of burglary.

Article II - Other Defenses involving Lack of Culpability

Section 132.00 - Duress.

Section 132.01 - Entrapment.

Section 132.02 - Mental disease or defect.

 

Part 2 - Sentences

Title A - Sentences

Article I - Classification and Designation of Offenses.

Section 211.00 - Felonies and Misdemeanors

Section 211.01 - Offenses

 

Title B - Judicial Warrants and Execution

Article I - Arrest Warrants

Section 221.00 - Definition

Section 221.01 - Components of Arrest Warrants

Section 221.02 - Execution of Arrest Warrants

Article II - Search Warrants

Section 223.00 - Definition

Section 223.01 - Components of Search Warrants

Section 223.02 - Execution of Search Warrants

 

Title C - Officer Discretion, Lawful Detention, and Investigatory Holding

Article I - Officer Discretion

Section 231.00 - Law Enforcement Authority Clause

Section 231.01 - Law Enforcement Discretion Clause

Article II - Lawful Detention

Section 232.00 - Alien Detention Clause

Section 232.01 - Judiciary/Penal Incarceration Clause

Article III - Investigatory Holding

Section 233.00 - Detention Hold

Part 3 - Specific Offenses

Title A - Anticipatory Offenses

Article I - Criminal Solicitation

Section 311.01 - First Degree

Section 311.02 - Second Degree

Section 311.03 - Third Degree

Article II - Conspiracy

Section 312.01 - First Degree

Section 312.02 - Second Degree

Section 312.03 - Third Degree

Article III - Criminal Facilitation

Section 313.01 - First Degree

Section 313.02 - Second Degree

Section 313.03 - Third Degree

Article IV - Attempt 

 

Title B - Offenses against the Person involving Physical Injury, Sexual Conduct, Restraint and Intimidation

Article I - Assault

Section 321.01 - First Degree

Section 321.02 - Second Degree 

Article II - Aggravated Assault 

Article III - Assault on a Government Employee

Article IV - Sexual Assault

Article V - Menacing

Section 325.01 - First Degree

Section 325.02 - Second Degree

Article VI - Sexual Menacing

Section 326.01 - First Degree

Section 326.02 - Second Degree

Article VII - Manslaughter

Article VIII - Murder

Section 328.01 - First Degree

Section 328.02 - Second Degree

Article IX - Kidnapping 

Article X - Stalking 

Article XI - Rape 

Article XII - Statutory Rape 

Article XIII - Torture

Article XIV - Human Trafficking

Article XV - Domestic Terrorism

Article XVI - Criminal Threats

 

Title C - Offenses involving Damage to and Intrusion upon Property

Article I - Arson 

Article II - Criminal Trespass 

Article III - Burglary 

Section 333.01 - First Degree 

Section 333.02 - Second Degree 

Article IV - Possession of Burglary Tools

Article V - Criminal Mischief 

Section 335.01 - First Degree 

Section 335.02 - Second Degree 

 

Title D - Offenses involving Theft

Article I  - Larceny 

Article II - Grand Larceny 

Section 342.01 - First Degree 

Section 342.02 - Second Degree 

Section 342.03 - Third Degree 

Article III - Robbery

Section 343.01 - First Degree 

Section 343.02 - Second Degree 

Article IV - Criminal Possession 

 

Title E - Offenses involving Fraud

Article I - Fraud

Article II - Forgery

Article III - Criminal Impersonation 

Section 353.01 - First Degree 

Section 353.02 - Second Degree 

 

Title F - Offenses against Public Administration

Article I - Obstruction of Public Duty 

Article II - Bribery of a Public Official

Article III - Resisting Arrest

Article IV - Perjury

Article V - Contempt of Court

Article VI - Witness Intimidation

Article VII - Tampering with Evidence

Article VIII - Failure to Pay a Fine

Article IX - Criminal Contempt 

Article X - Voter Fraud / Voter Pandering 

Article XI - Escape from Lawful Custody

Article XII - Corruption of Public Office

 

Title G - Offenses against Public Health and Morals

Article I - Criminal Manufacture of a Controlled Substance 

Article II - Criminal Possession of a Controlled Substance 

Section 372.01 - First Degree 

Section 372.02 - Second Degree 

Section 372.03 - Third Degree 

Section 372.04 - Fourth Degree 

Article III - Prostitution

Article IV - Pandering/Pimping 

 

Title H - Offenses against Public Order, Public Sensibilities, and the Right to Privacy

Article I - Incitement to Riot

Article II - Unlawful Assembly

Article III - Harassment

Article IV - Misuse of an Emergency Hotline

Article V - Disorderly Conduct 

Article VI - Animal Abuse / Cruelty 

Article VII - Public Lewdness 

Article VIII - Exposure of a Person 

Article IX - Facial Obstruction

Article X - Neglect of Public Duty 

 

Title I - Offenses against Marriage, The Family, and the Welfare of Children and Incompetents

Article I - Incest

Article II - Child Abuse / Endangerment

Article III - Child Neglect

Article IV - Sale of Alcohol Tobacco to a Minor

Article V - Minor Alcohol / Tobacco Violation

 

Title J - Offenses against Public Safety

Article I - Discharging a Firearm from a Motor Vehicle

Article II - Carrying an Unlicensed Firearm

Article III - Possession of a Prohibited Firearm or Explosive Device

Article IV - Unlicensed Sale of Firearms/Explosives

Article V - Brandishing a Firearm

Article VI - Discharging a Firearm in Public

Article VII - Possession of a Firearm by a Convicted Felon

Article VIII - Evading a Peace Officer

Article IX - Driving on a Suspended License

Article X - Hit and Run

Article XI - Reckless Operation Of an Off-Road or Naval Vehicle

Article XII - Speeding

Article XIII - Failure to Yield/Stop to a Traffic Control Device

Article XIV - Illegal Parking

Article XV - Reckless Driving

Article XVI - Vehicular Noise Violation

Article XVII - Negligent Operation of a Vehicle

Article XVIII - Illegal Usage of Hydraulics 

Article XIX - Driving under the Influence of Alcohol or Narcotics

Article XX - Tinted Windows

Article XXI - Motor Vehicle Contest

Article XXII - Vehicular Endangerment

Article XXIII - Driving Without a Valid License

Article XXIV - Jaywalking

Article XXV - Possession of Open Container

Article XXVI - Failure to Wear a Seatbelt/Safety Equipment

Article XXVII - Operation of an Unsafe Motor Vehicle

Article XXVIII - Vehicle Registration Violation 

Article XXIX - Operating and Aircraft Without a License

Article XXX - Reckless Operation of an Aircraft 

Article XXXI - Failure to Adhere to ATC 

Article XXXII - Aerial Evasion

Article XXXIII - Negligent Operation of a Bicycle

Article XXXIV - Vigilantism 

 

Part 4 - Administrative

Title A - Road & Pedestrian Safety 

Article I - Driving Exemptions

Section 411.01 - Exemptions Defined

 

Article II - Public Road Markings

Section 412.01 - Regulations

 

Article III - Vehicle Right of Way

Section 413.01 - Regulations

 

Article IV - Vehicle Impounds / Towing / License Suspensions 

Section 414.01 - Vehicle Impounds 

Section 414.02 - License Suspensions

 

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Part 1 - General Provisions

 

Title A - General Purposes, Rules of Construction, and Definitions

Article I - General Purposes

 

Section 111.00 - Short Title


1.) This chapter shall be known as the "Penal Law"

 

Section 111.01 - General Purposes


The general purposes of the provisions of this chapter are:

 

1.) To proscribe conduct which unjustifiably and inexcusably causes or threatens substantial harm to individual or public interests;


2.) To give fair warning of the nature of the conduct proscribed and of the sentences authorized upon conviction;

 

3.) To define the act or omission and the accompanying mental state which constitute each offense;

 

4.) To differentiate on reasonable grounds between serious and minor offenses and to prescribe proportionate penalties therefor;

 

5.) To provide for an appropriate public response to particular offenses, including consideration of the consequences of the offense for the victim, including the victim`s family, and the community; and


6.) To insure the public safety by preventing the commission of offenses through the deterrent influence of the sentences authorized, the rehabilitation of those convicted, and their confinement when required in the interests of public protection.

 

Article II - Definitions

 

Section 112.00 - Definitions of terms of general use in this chapter.

 

Except where different meanings are expressly specified in subsequent provisions of this chapter, the following terms have the following meanings: 

 

1.) "Traffic infraction" means any offense defined as "traffic infraction," where a fine is provided by any law of this state or by any law, local law or ordinance of a political subdivision of this state, or by any order, rule or regulation of any governmental instrumentality authorized by law to adopt the same.

 

2.) Misdemeanor" means an offense, other than a "traffic infraction, " for which a sentence to a term of imprisonment of less than one hour may be imposed.

 

3.) "Felony" means an offense for which a sentence to a term of imprisonment in excess of one hour may be imposed.

 

4.) "Person" means a human being, and where appropriate, a public or private corporation, an unincorporated association, a partnership, a government or a governmental instrumentality.

 

5.) "Possess" means to have physical possession or otherwise to exercise dominion or control over tangible property.

 

6.) "Physical injury" means impairment of physical condition or substantial pain.

 

7.) "Serious physical injury" means physical injury which creates a substantial risk of death, or which causes death or serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.

 

8.) "Deadly physical force" means physical force which, under the circumstances in which it is used, is readily capable of causing death or other serious physical injury.

 

9.)  "Deadly weapon" means any loaded weapon from which a shot, readily capable of producing death or other serious physical injury, may be discharged, or a switchblade knife, gravity knife, pilum ballistic knife, metal knuckle knife, dagger, billy, blackjack, plastic knuckles, or metal knuckles.

 

10.) "Dangerous instrument" means any instrument, article or substance, including a "vehicle" as that term is defined in this section, which, under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or other serious physical injury.

 

11.) "Vehicle" means a "motor vehicle", "trailer" or "semi-trailer," as defined in the vehicle and traffic law, any snowmobile as defined in the parks and recreation law, any aircraft, or any vessel equipped for propulsion by mechanical means or by sail.

 

12.) "Peace officer" means any officer, sheriff or trooper employed in that capacity, of a state, county, or city authorized by statute to maintain a police department or exercise the powers of such, within the State of Liberty. 

 

13.) "Premises" includes the term "building," as defined herein, and any real property.

 

14.) "Building," in addition to its ordinary meaning, includes any structure, vehicle or watercraft used for overnight lodging of persons, or used by persons for carrying on business therein, or used as an elementary or secondary school, or an inclosed motor truck, or an inclosed motor truck trailer. Where a building consists of two or more units separately secured or occupied, each unit shall be deemed both a separate building in itself and a part of the main building.

 

15.) "Dwelling" means a building which is usually occupied by a person lodging therein at night.

 

16.) “Affirmative defense” means a defense raised at trial that requires the defendant to meet the burden of proof for preponderance of evidence. 

 

17.) “Class A” means a crime against a person, entity, or institution, with intent or causing grievous bodily, psychological, physiological harm.


18.) “Class B” means a crime against a person, entity, or institution, with intent or causing physical, psychological, or physiological harm.


19.) “Class C” means a crime against a person, entity, or institution, without intent or causing physical, psychological, or physiological harm, but encourages the violation or subversion of the public order.
 

Title B - Principles of Criminal Liability
Article I - Culpability

 

Section 121.00 - Definitions of terms.

 

1.) "Act" means a bodily movement.

 

2.) "Voluntary act" means a bodily movement performed consciously as a result of effort or determination, and includes the possession of property if the actor was aware of his physical possession or control thereof for a sufficient period to have been able to terminate it.

 

3.) "Omission" means a failure to perform an act as to which a duty of performance is imposed by law.

 

4.) "Conduct" means an act or omission and its accompanying mental state.

 

5.) "To act" means either to perform an act or to omit to perform an act.

 

6.) "Culpable mental state" means "intentionally" or "knowingly" or "recklessly" or with "criminal negligence."

 

Section 121.01 - Definitions of culpable mental states.

 

1.) "Intentionally." A person acts intentionally with respect to a result or to conduct described by a statute defining an offense when his conscious objective is to cause such result or to engage in such conduct.

 

2.) "Knowingly." A person acts knowingly with respect to conduct or to a circumstance described by a statute defining an offense when he is aware that his conduct is of such nature or that such circumstance exists.

 

3.) "Recklessly." A person acts recklessly with respect to a result or to a circumstance described by a statute defining an offense when he is aware of and consciously disregards a substantial and unjustifiable risk that such result will occur or that such circumstance exists. The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation.  A person who creates such a risk but is unaware thereof solely by reason of voluntary intoxication also acts recklessly with respect thereto.

 

4.) "Criminal negligence." A person acts with criminal negligence with respect to a result or to a circumstance described by a statute defining an offense when he fails to perceive a substantial and unjustifiable risk that such result will occur or that such circumstance exists. The risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.

 

Section 121.02 - Effect of ignorance or mistake upon liability.

 

1.) A person is not relieved of criminal liability for conduct because he engages in such conduct under a mistaken belief of fact, unless:

 

(a) Such factual mistake negatives the culpable mental state required for the commission of an offense; or

 

(b) The statute defining the offense or a statute related thereto expressly provides that such factual mistake constitutes a defense or exemption; or

 

(c) Such factual mistake is of a kind that supports a defense of justification.

 

2.) A person is not relieved of criminal liability for conduct because he engages in such conduct under a mistaken belief that it does not, as a matter of law, constitute an offense, unless such mistaken belief is founded upon an official statement of the law contained in (a) a statute or other enactment, or (b) an administrative order or grant of permission, or (c) a judicial decision of a state or federal court, or (d) an interpretation of the statute or law relating to the offense, officially made or issued by a public servant, agency or body legally charged or empowered with the responsibility or privilege of administering, enforcing or interpreting such statute or law.

 

Section 121.03 - Effect of intoxication upon liability.

 

1.) Intoxication is not, as such, a defense to a criminal charge; but in any prosecution for an offense, evidence of intoxication of the defendant may be offered by the defendant whenever it is relevant to negate an element of the crime charged.

 

Article II - Parties to Offenses and liability through Accessorial Conduct

 

Section 122.00 - Criminal liability for conduct of another.

 

1.) When one person engages in conduct which constitutes an offense, another person is criminally liable for such conduct when, acting with the mental culpability required for the commission thereof, he solicits, requests, commands, importunes, or intentionally aids such person to engage in such conduct. They shall be charged the same as the original offender of the crime. 

 

Section 122.01 - Criminal liability for conduct of another; no defense.

 

1.) In any prosecution for an offense in which the criminal liability of the defendant is based upon the conduct of another person, it is no defense that:

 

(a) Such other person is not guilty of the offense in question owing to criminal irresponsibility or other legal incapacity or exemption, or to unawareness of the criminal nature of the conduct in question or of the defendant`s criminal purpose or to other factors precluding the mental state required for the commission of the offense in question; or

 

(b) Such other person has not been prosecuted for or convicted of any offense based upon the conduct in question, or has previously been acquitted thereof, or has legal immunity from prosecution therefor; or

 

(c) The offense in question, as defined, can be committed only by a particular class or classes of persons, and the defendant, not belonging to such class or classes, is for that reason legally incapable of committing the offense in an individual capacity.

 

Section 122.02 - Convictions for different degrees of offense.

 

1.) Except as otherwise expressly provided in this chapter, when, two or more persons are criminally liable for an offense which is divided into degrees, each person is guilty of such degree as is compatible with his own culpable mental state and with his own accountability for an aggravating fact or circumstance.
 

Title C - Defenses
Article I - Defense of Justification

 

Section 131.00 - Justification; Generally

 

1.) In any prosecution for an offense, justification, as defined in the following sections, is a defense. Unless otherwise limited by the ensuing provisions of this article defining justifiable use of physical force, conduct which would otherwise constitute an offense is justifiable and not criminal when:

 

(a) Such conduct is required or authorized by law or by a judicial decree, or is performed by a public servant in the reasonable exercise of his official powers, duties or functions; or

 

(b) Such conduct is necessary as an emergency measure to avoid an imminent public or private injury which is about to occur by reason of a situation occasioned or developed through no fault of the actor, and which is of such gravity that, according to ordinary standards of intelligence and morality, the desirability and urgency of avoiding such injury clearly outweigh the desirability of avoiding the injury sought to be prevented by the statute defining the offense in issue.  The necessity and justifiability of such conduct may not rest upon considerations pertaining only to the morality and advisability of the statute, either in its general application or with respect to its application to a particular class of cases arising thereunder. Whenever evidence relating to the defense of justification under this subdivision is offered by the defendant, the court shall rule as a matter of law whether the claimed facts and circumstances would, if established, constitute a defense.

 

Section 131.01 - Use of physical force in administration of medical care.

 

1.) A duly licensed physician, or a person acting under a physician's direction, may use physical force for the  purpose  of  administering  a recognized  form  of treatment which he or she reasonably believes to be adapted to promoting the physical or mental health of the patient if (a) the treatment is administered with the consent of the patient or, if the patient is under the age of eighteen years  or  an  incompetent  person, with  the consent of the parent, guardian or other person entrusted with the patient's care and supervision, or (b) the treatment is administered in an emergency when the  physician  reasonably  believes  that  no  one competent  to  consent  can  be  consulted and that a reasonable person, wishing to safeguard the welfare of the patient, would consent.

 

2.) A person acting under a reasonable belief that another person is about to commit suicide or to inflict serious physical injury upon himself may use physical force upon such person to the extent that he reasonably believes it necessary to thwart such result.

 

Section 131.02 - Use of physical force in defense of a person.

 

1.) A  person  may, use physical force upon another person when and to  the  extent  he  or  she reasonably believes such to be necessary to defend himself, herself or a third  person  from  what he or she reasonably believes to be the use or imminent use of unlawful physical force by such other person, unless:

 

(a) The conduct was provoked by  the  actor  with  intent  to cause physical injury to another person; or

 

(b) The physical  force  involved  is  the  product  of  a  combat  by agreement not specifically authorized by law.


Section 131.03 - Use of physical force in resisting arrest prohibited.

 

1.) A person may not use physical force to resist an arrest, whether authorized or unauthorized, which is being effected or attempted by a peace officer when it would reasonably appear that the latter is a peace officer.

 

Section 131.04 - Use of physical force in making an arrest or preventing an escape. 

 

1.) A peace officer, in the course of effecting  or attempting  to  effect  an  arrest,  or  of  preventing or attempting to prevent the escape from custody, of a person whom he or  she  reasonably believes  to  have committed an offense, may use physical force when and to the extent he or she reasonably believes  such  to  be  necessary  to effect  the  arrest,  or  to  prevent  the  escape  from  custody, or in self-defense or to defend a third person from what he or she  reasonably believes  to  be  the use or imminent use of physical force; except that deadly physical force may be used for such purposes only when he or she reasonably believes that:

 

(a) The offense committed or attempted by such person was a felony and that, in the course of resisting arrest therefor or attempting to escape from custody, such person is armed with a firearm or deadly weapon; or

 

(b) Regardless of the particular offense which is the subject  of  the arrest  or  attempted  escape,  the  use  of  deadly  physical  force is necessary to defend the police  officer  or  peace  officer  or  another person  from  what  the  officer  reasonably  believes  to be the use or imminent use of deadly physical force.

 

2.)A  person  who  has  been  directed by a peace officer to  effect  an arrest  or  to  prevent  an  escape from custody may use physical force, other than deadly physical force, when and to the extent that he or  she reasonably  believes  such  to  be  necessary  to  carry out such peace officer's direction, unless he or she knows that  the arrest  or  prospective  arrest is not or was not authorized and may use deadly physical force under such circumstances when:

 

(a) He  or  she  reasonably  believes  such  to  be   necessary   for self-defense  or to defend a third person from what he or she reasonably believes to be the use or imminent use of deadly physical force; or

 

(b) He or she is directed or authorized  by  such  police  officer  or peace  officer  to use deadly physical force unless he or she knows that the peace officer is  not  authorized  to  use  deadly physical force under the circumstances.

 

3.) A private person acting on his or her own account may use physical force, other than deadly physical force, upon another person when and to the extent that he or she reasonably believes such to  be  necessary  to effect  an arrest or to prevent the escape from custody of a person whom he or she reasonably believes to have committed an offense  and  who  in fact  has  committed such offense; and may use deadly physical force for such purpose when he or she reasonably believes such to be necessary to:

 

(a) Defend himself, herself or a third person  from  what  he  or  she reasonably  believes  to  be  the use or imminent use of deadly physical force.

 

4.) A  guard or peace officer who is charged with the duty of guarding prisoners in a detention  facility, or while in transit to or from a detention facility, may use physical force when and to the extent that he  or  she reasonably  believes  such  to  be  necessary to prevent the escape of a prisoner from a detention facility or  from  custody  while  in  transit thereto or therefrom.


Section 131.05 - Use of physical force in defense of premises and in defense of a person in the course of burglary.

 

1.) A  person  in  possession  or control of any premises, or a person licensed or privileged to be thereon or therein, may use physical  force upon  another  person  when  he  or  she  reasonably believes such to be necessary to prevent or terminate what he or she reasonably believes  to be  the  commission  or  attempted  commission by such other person of a criminal trespass upon such premises. Such person may use any degree  of physical  force,  other  than  deadly  physical  force,  which he or she reasonably believes to be necessary for such purpose, and may use deadly physical force in order  to  prevent  or  terminate  the  commission  or attempted  commission  of arson.

 

2.) A  person  in  possession  or control of any premises, or a person licensed or privileged to be thereon or therein, may use physical  force upon  another  person  when  he  or  she  reasonably believes such to be necessary to prevent or terminate what he or she reasonably believes  to be  the  commission  or  attempted  commission by such other person of a criminal trespass upon such premises. Such person may use any degree  of physical  force,  other  than  deadly  physical  force,  which he or she reasonably believes to be necessary for such purpose, and may use deadly physical force in order  to  prevent  or  terminate  the  commission  or attempted  commission  of arson, or in the course of  a  burglary  or  attempted  burglary.

 

3.) A person in possession or control of, or licensed or privileged to be in, a dwelling or an occupied building, who reasonably believes  that another  person is committing or attempting to commit a burglary of such dwelling or building, may use deadly  physical  force  upon  such  other person  when  he  or  she  reasonably  believes  such to be necessary to prevent or terminate the commission  or  attempted  commission  of  such burglary.
 

Article II - Other Defenses involving Lack of Culpability

 

Section 131.00 - Duress.

 

1.) In any prosecution for an offense, it is an affirmative defense that the defendant engaged in the proscribed conduct because he was coerced to do so by the use or threatened imminent use of unlawful physical force upon him or a third person, which force or threatened force a person of reasonable firmness in his situation would have been unable to resist. 

 

2.) The defense of duress is not available when a person intentionally or recklessly places himself in a situation in which it is probable that he will be subjected to duress.

 

Section 131.01 - Entrapment.

 

1.) In any prosecution for an offense, it is an affirmative defense that the defendant engaged in the proscribed conduct because he was induced or encouraged to do so by a public servant, or by a person acting in cooperation with a public servant, seeking to obtain evidence against him for purpose of criminal prosecution, and when the methods used to obtain such evidence were such as to create a substantial risk that the offense would be committed by a person not otherwise disposed to commit it. Inducement or encouragement to commit an offense means active inducement or encouragement. Conduct merely affording a person an opportunity to commit an offense does not constitute entrapment.


Section 131.02 - Mental disease or defect.

 

1.) In any prosecution for an offense, it is an affirmative defense that when the defendant engaged in the proscribed conduct, he lacked criminal responsibility by reason of mental disease or defect. Such lack of criminal responsibility means that at the time of such conduct, as a result of mental disease or defect, he lacked substantial capacity to know or appreciate either:

 

(a) The nature and consequences of such conduct; or

 

(b) That such conduct was wrong.
 

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Part 2 - Sentences

Title A - Sentences
Article I - Classification and Designation of Offenses.

 

Section 211.00 - Felonies and Misdemeanors

 

1.) Felonies. Felonies are classified, for the purpose of sentence, into three categories as follows:

 

(a) Class A felonies;


(b) Class B felonies; and


(c) Class C felonies.

 

2.) Misdemeanors. Misdemeanors are classified, for the purpose of sentence, into three categories as follows:

 

(a) Class A Misdemeanors; 


(b) Class B misdemeanors; and 


(c) Class C misdemeanors. 

 

Section 211.01 - Offenses

 

1.) Traffic infraction. Notwithstanding any other provision of this section, an offense which is defined as a "traffic infraction" shall not be deemed a violation or a misdemeanor by virtue of the sentence prescribed therefor.

 

Title B - Judicial Warrants and Execution
Article I - Arrest Warrants

 

Section 221.00 - Definition

 

1.) A warrant of arrest is a process issued by a local criminal court directing a peace officer to arrest a defendant designated in an accusatory instrument filed with such court and to bring him before such court in connection with such instrument. The sole function of a warrant of arrest is to achieve a defendant`s court appearance in a criminal action for the purpose of arraignment upon the accusatory instrument by which such action was commenced.

 

Section 221.01 - Components of Arrest Warrants

 

1.) A warrant of arrest must be subscribed by the issuing judge and must state or contain the name of the issuing court, the date of issuance of the warrant, the name or title of an offense charged in the underlying accusatory instrument, the name of the defendant to be arrested or, if such be unknown, any name or description by which he can be identified with reasonable certainty, the peace officer(s) to whom the warrant is addressed, and a direction that such officer arrest the defendant and bring him before the issuing court.

 

2.) When a declaration of probable cause is made by a peace officer of this state, the issuing judge, if, and only if, satisfied from the declaration that there exists probable cause that the offense described in the declaration has been committed and that the defendant described therein has committed the offense, shall issue a warrant for the arrest of the defendant.

 

3.) The declaration in support of the warrant of probable cause for arrest shall be a sworn statement made in writing.

 

4.) Before issuing a warrant, the issuing judge may examine under oath the person seeking the warrant and any witness the person may produce, take the written declaration of the person or witness, and cause the person or witness to subscribe to the declaration


Section 221.02 - Execution of Arrest Warrants

 

1.) A warrant of arrest may be executed by any peace officer(s) to whom it is addressed, or any other peace officer delegated to execute it under authority of the applicable addressed peace officers.

 

2.) A warrant of arrest may be executed on any day of the week and at any hour of the day or night. 

 

3.) Unless encountering physical resistance, flight or other factors rendering normal procedure impractical, the arresting peace officer must inform the defendant that a warrant for his arrest for the offense designated therein has been issued.  Upon request of the defendant, the officer must show him the warrant if he has it in his possession. The officer need not have the warrant in his possession, and, if he has not, he must show it to the defendant upon request as soon after the arrest as possible.

 

4.) In order to effect the arrest, the peace officer may, under circumstances and in the manner prescribed in this subdivision, enter any premises in which he reasonably believes the defendant to be present; provided, however, that where the premises in which the officer reasonably believes the defendant to be present is the dwelling of a third party who is not the subject of the arrest warrant. Before such entry, he must give, or make reasonable effort to give, notice of his authority and purpose to an occupant thereof, unless there is reasonable cause to believe that the giving of such notice will:

 

(a) Result in the defendant escaping or attempting to escape; or


(b) Endanger the life or safety of the officer or another person; or


(c) Result in the destruction, damaging or secretion of material evidence.

 

5.)  If the officer is authorized to enter premises without giving notice of his authority and purpose, or if after giving such notice he is not admitted, he may enter such premises, and by breaking-in if necessary.

 

Article II - Search Warrants

 

Section 223.00 - Definition

 

1.) Under circumstances prescribed in this article, a local criminal court may, upon application of an authorized peace officer, a district attorney  or other  public servant acting in the course of his official duties, issue a search warrant.

 

2.) A search warrant is a court order and process  directing  a  peace officer to conduct:

 

(a) a search of designated premises, or of a designated vehicle, or of a  designated  person, for the purpose of seizing designated property or kinds of property, and to deliver any property so obtained to the  court which issued the warrant; or

 

(b) a search of a designated premises for the purpose of searching for and  arresting  a  person who is the subject of: 

 

(I) a warrant of arrest issued pursuant to this chapter, a  superior  court  warrant  of  arrest issued  pursuant to this chapter, or a bench warrant for a felony issued pursuant to this chapter, where the designated premises is the  dwelling of a third party who is not the subject of the arrest warrant; or

 

(II) a warrant  of arrest issued by any other state or federal court for an offense which would constitute a felony under the  laws  of  this state,  where  the  designated premises is the dwelling of a third party who is not the subject of the arrest warrant.


Section 223.01 - Components of Search Warrants

 

1.) A warrant of search must be subscribed by the issuing judge and must state or contain the name of the issuing court, the date of issuance of the warrant, the person(s) and/or property to be searched, the material to be searched for, the peace officer(s) to whom the warrant is addressed, and a direction that such officer search the defendant's possessions and/or personal property in accordance with the request. 


2.) A warrant of search cannot be issued but upon probable cause, supported by affidavit, naming or describing the person to be searched or searched for, and particularly describing the property, thing, or things and the place to be searched.

 

3.) The issuing judge, before issuing the warrant, may examine on oath the person seeking the warrant and any witnesses the person may produce, and shall take his or her affidavit or their affidavits in writing, and cause the affidavit or affidavits to be subscribed by the party or parties making them.

 

Section 223.02 - Execution of Search Warrants

 

1.) A search warrant must be executed not more than ten days after the date of issuance and it must thereafter be returned to the court without unnecessary delay.

 

2.) A search warrant may be executed on any day of the week.  It may be executed only between the hours of 6:00 A.M. and 9:00 P.M., unless the warrant expressly authorizes execution thereof at any time of the day or night.

 

3.) In executing a search warrant directing a search of premises or a vehicle, a peace officer must, give,  or  make  reasonable  effort to give, notice of his authority and purpose to an occupant thereof before entry and show him the warrant  or a  copy  thereof upon request. If he is not thereafter admitted, he may forcibly enter such premises or vehicle and may use against  any  person resisting his entry or search thereof as much physical force, other than deadly  physical  force,  as is necessary to execute the warrant; and he may use deadly physical force if  he  reasonably  believes  such  to  be necessary  to  defend  himself or a third person from what he reasonably believes to be the use or imminent use of deadly physical force.

 

4.) In executing a search warrant directing a search of premises or  a vehicle,  a  peace  officer  need  not  give  notice  to  anyone of his authority and  purpose, but  may promptly enter the same if:

 

(a)  Such premises or vehicle are at the time unoccupied or reasonably believed by the officer to be unoccupied; or

 

(b)  The search warrant expressly authorizes entry without notice.

 

5.) Upon seizing property pursuant to  a  search  warrant,  a  peace officer  must write and subscribe a receipt itemizing the property taken and containing the name of the court by which the warrant was issued. If property is taken from a person, such receipt  must  be  given  to  such person. If property is taken from premises or a vehicle, such receipt must be given to the owner, tenant or other person in possession thereof if he is present; or if he is not, the officer must leave such a receipt in the premises or vehicle from which the property was taken.

 

6.) Upon seizing property pursuant to  a  search  warrant,  a  peace officer  must  without unnecessary delay return to the court the warrant and the property, and must file therewith a written  inventory  of  such property, subscribed and sworn to by such officer.


Title C - Officer Discretion, Lawful Detention, and Investigatory Holding


Article I - Officer Discretion

 

Section 231.00 - Law Enforcement Authority Clause

 

1.) Any officer, sheriff or trooper employed in that capacity, of a state, county, or city authorized by statute to maintain a police department, is a peace officer. It only applies to the agencies within the State of Liberty. The authority of these peace officers extends to any place in the state where a public offense has been committed or where there is probable cause to believe one has been committed.

 

2.) The State Fire Marshal and authorized agents of the Office of the Fire Marshal, are to be classified as peace officers. This authority shall extend down to individual Fire Department's, who are to be granted supplementary powers equivalent to the State Fire Marshal in conducting investigations into fire code violations.

 

3.) The Liberty National Guard shall be authorized upon deployment by the governor, to act as peace officers in regards to an emergency. This authorization shall be intact, for the duration of the emergency until ordered to stand down by the governor. 

 

4.) Federal Law Enforcement agencies as designated by the United States Congress in US Federal Code are authorized to enforce provisions of state law within the jurisdiction of the state's boundaries.

 

5.) Any uniformed peace officer shall wear a badge, nameplate, or another device which bears clearly on its face the identification number or name of the officer.

 

6.) Each department or agency in this state that employs peace officers shall establish a procedure to investigate complaints by members of the public against the personnel of these departments or agencies, and shall make a written description of the procedure available to the public.

 

Section 231.01 - Law Enforcement Discretion Clause

 

1.) An arrest is taking a person into custody, in a case and in the manner authorized by law. An arrest may be made by a peace officer or by a private person. An arrest is made by an actual restraint of the person, or by submission to the custody of an officer. The person arrested may be subjected to such restraint as is reasonable for his arrest and detention.

 

2.) A peace officer may conduct an arrest, upon notification by a private person of a detainment, at the request of that person if said request is provided to the peace officer with evidence of an offense having been committed, and all records pertaining to the arrest must state the name of the private citizen ordering the person to be arrested.

 

3.) Officer Discretion shall be applied in relation to all non-felony charges, in relation to an arrest. An officer may choose not to arrest someone in relation to a misdemeanor offense or an infraction, upon their own discretion. But may be liable for civil damages incurred if they fail to utilize proper discretion in the protection of any individual person. 

 

4.) A peace officer's reasonable suspicion of a person to commit or conspire to commit a crime is sufficient to allow the individual in question to be detained for questioning.

 

5.) If a peace officer is under reasonable suspicion of an individual being armed, they may engage in a Terry Frisk, specifically looking for firearms by an outer pat-down of the individual's exterior clothing. 

 

Article II - Lawful Detention

 

Section 232.00 - Alien Detention Clause

 

1.) The Alien Detention Clause, shall be used in accordance with any individual which cannot be identified upon arrest due to a lack of documentation and/or lack of cooperation. It may not be used on an individual who has been identified, but simply refuses to give their name or cooperate with law enforcement as this would fall under Resisting Arrest. All possible means to identify the individual must have been attempted before anyone is held under this clause.

 

2.) Upon enactment of the Alien Detention Clause by an authorized law enforcement officer, the individual who cannot be identified shall be subject to indefinite detention in an authorized jail until the identity of the individual can be ascertained by law enforcement officials. All appropriate reports must still be completed and attached to the arrest under a “John Doe” or "Jane Doe" entry. 

 

Section 232.01 - Judiciary/Penal Incarceration Clause

 

1.) Except as otherwise dictated by law, a person may be punished for any crime upon the lawful arrest and imprisonment by a peace officer. 

 

Article III - Investigatory Holding

 

Section 233.00 - Detention Hold

 

1.) A peace officer may detain someone for up to 48 hours, in relation to an active investigation. During such a period, they will be held in police custody, and may upon request contact their legal representation 

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Part 3 - Specific Offenses

Title A - Anticipatory Offenses
 

Article I - Criminal Solicitation (311)

 

Any person(s) who with intent that another person engage in conduct constituting a crime, either solicits, commands, importunes or otherwise attempts to cause such other person to engage in such conduct is guilty of Criminal Solicitation. Requests to commit criminal conduct made by ranking members of criminal organizations/entities are commands under law. 
    
Section 311.01 - First Degree

 

Any person(s) who commits the offense of Criminal Solicitation where the anticipatory criminal conduct constitutes a Class A Felony, shall be guilty of Criminal Solicitation in the First Degree and is punishable by 2 Hours imprisonment. (Class C Felony)

 

Section 311.02 - Second Degree

 

Any person(s) who commits the offense of Criminal Solicitation where the anticipatory  criminal conduct constitutes a Class B or Class C Felony, shall be guilty of Criminal Solicitation in the Second Degree and is punishable by 1 Hour Imprisonment. (Class C Felony)

 

Section 311.03 - Third Degree

 

Any person(s) who commits the offense of Criminal Solicitation where the anticipatory  criminal conduct constitutes a Misdemeanor, shall be guilty of Criminal Solicitation in the Third Degree and is punishable by 30 Minutes Imprisonment and a $100 fine. (Class C Misdemeanor)

 

Article II - Conspiracy (312)

 

Any person(s) who, with intent that conduct constituting a crime be performed, agrees with one or more persons to engage in or cause the performance of such conduct is guilty of Conspiracy. A person shall not be convicted of conspiracy unless an overt act is alleged and proved to have been committed by one of the conspirators in furtherance of the conspiracy. 

 

Section 312.01 - First Degree

 

Any person(s) who commits the offense of Criminal Conspiracy where the anticipatory criminal conduct constitutes a Class A Felony, shall be guilty of Criminal Conspiracy in the First Degree and is punishable by 2 Hours Imprisonment. (Class C Felony)

 

Section 312.02 - Second Degree

 

Any person(s) who commits the offense of Criminal Conspiracy where the anticipatory  criminal conduct constitutes a Class B or Class C Felony, shall be guilty of Criminal Conspiracy in the Second Degree and is punishable by 1 Hour Imprisonment. (Class C Felony)

 

Section 312.03 - Third Degree

 

Any person(s) who commits the offense of Criminal Conspiracy where the anticipatory  criminal conduct constitutes a Misdemeanor, shall be guilty of Criminal Conspiracy in the Third Degree and is punishable by 30 Minutes Imprisonment and a $100 fine. (Class C Misdemeanor)

 

Article III - Criminal Facilitation (313)

 

Any person(s) who provides material or informative aid to the commission of a felony, intending for the felony to be committed, but does not participate in the commission or planning of the felony, is guilty of criminal facilitation.

 

Section 313.01 - First Degree

 

Any person(s) who commits the offense of Criminal Facilitation where the anticipatory criminal conduct constitutes a Class A Felony, shall be guilty of Criminal Facilitation in the First Degree and is punishable by 2 Hours Imprisonment. (Class C Felony)

 

Section 313.02 - Second Degree

 

Any person(s) who commits the offense of Criminal Facilitation where the anticipatory criminal conduct constitutes a Class B Felony, shall be guilty of Criminal Facilitation in the Second Degree and is punishable by 1 Hour and 30 Minutes Imprisonment. (Class C Felony)

 

Section 313.03 - Third Degree

 

Any person(s) who commits the offense of Criminal Facilitation where the anticipatory criminal conduct constitutes a Class C Felony, shall be guilty of Criminal Facilitation in the Third Degree and is punishable by 1 Hour Imprisonment. (Class C Felony)

 

Article IV - Attempt (314) 

 

Any person(s) who attempts to commit a felony when, with intent to commit a felony, he engages in conduct which tends to effect the commission of such felony, is guilty of attempt.


Section 314.01 - First Degree

 

Any person(s) who commits the offense of Attempt where the anticipatory criminal conduct constitutes a Class A Felony, shall be guilty of Attempt in the First Degree and is punishable by 2 Hours Imprisonment. (Class C Felony)

 

Section 314.02 - Second Degree

 

Any person(s) who commits the offense of Attempt where the anticipatory criminal conduct constitutes a Class B Felony, shall be guilty of Attempt in the Second Degree and is punishable by 1 Hour and 30 Minutes Imprisonment. (Class C Felony)

 

Section 314.03 - Third Degree

 

Any person(s) who commits the offense of Attempt where the anticipatory  criminal conduct constitutes a Class C Felony, shall be guilty of Attempt in the Third Degree and is punishable by 1 Hour Imprisonment. (Class C Felony)

 

Title B - Offenses against the Person involving Physical Injury, Sexual Conduct, Restraint and Intimidation

 

Article I - Assault (321)

 

Any person(s) who, with intent and/or recklessness, touches or strikes another person against that person’s will (non-consensual); causes serious bodily harm to another person is guilty of assault. This does not include through use of weapons/deadly instruments.

 

Section 321.01 - First Degree 

 

Any person(s) who, with intent and/or recklessness, causes serious bodily harm to another person shall be guilty of Assault in the First Degree and is punishable by 1 Hour Imprisonment. (Class B Felony)

 

Section 321.02 - Second Degree 

 

Any person(s) who, with intent and/or recklessness, touches or strikes another person against that person’s will (non-consensual) shall be guilty of Assault in the Second Degree and is punishable by 30 Minutes Imprisonment. (Class B Misdemeanor)

 

Article II - Aggravated Assault (322) 

 

Any person(s) who causes harm to another through the use of a deadly weapon, or battery in which grievous bodily injury occurs shall be guilty of Aggravated Assault and is punishable by 2 Hours Imprisonment. (Class A Felony)

 

Article III - Assault on a Government Employee (323)

 

Any person(s) with the intent to injure, maim, or otherwise harm a member of the government while conducting official duties shall be guilty of Assault on a Government Employee and is punishable by 2 Hours Imprisonment. (Class A Felony)

 

Article IV - Sexual Assault (324)

 

Any person(s) who commits battery for the purpose of sexual arousal, sexual gratification, or sexual abuse shall be guilty of Sexual Assault and is punishable by 2 Hours Imprisonment. (Class A Felony)

 

Article V - Menacing (325)

 

Any person(s) who, with intent, reasonably causes, with means to immediately carry out the threat, an individual to fear for their physical safety. 

 

Section 325.01 - First Degree

 

Any person(s) who, with the usage of a weapon/deadly instrument, reasonably causes, with means to immediately carry out the threat, an individual to fear for their safety, shall be guilty of Menacing in the First Degree and is punishable by 1 Hour Imprisonment. (Class C Felony)

 

Section 325.02 - Second Degree

 

Any person(s) who, without a weapon and with intent, reasonably causes, with means to immediately carry out the threat, an individual to fear for their safety, shall be guilty of Menacing in the Second Degree and is punishable by 30 Minutes Imprisonment. (Class C Misdemeanor)

 

Article VI - Sexual Menacing (326)

 

Any person(s) who, with the intent of sexual arousal, abuse, and/or gratification, reasonably causes, with means to immediately carry out the threat, an individual to fear for their safety. 

 

Section 326.01 - First Degree

 

Any person(s) who, with a weapon/deadly instrument, with the intent of sexual arousal, abuse, and/or gratification, reasonably causes, with means to immediately carry out the threat, an individual to fear for their safety shall be guilty of Sexual Menancing in the First Degree and is punishable by 1 Hour Imprisonment. (Class C Felony)

 

Section 326.02 - Second Degree

 

Any person(s) who, without a weapon/deadly instrument, with the intent of sexual arousal, abuse, and/or gratification, reasonably causes, with means to immediately carry out the threat, an individual to fear for their safety, shall be guilty of Sexual Menacing in the Second Degree and is punishable by 30 Minutes Imprisonment. (Class C Misdemeanor)

 

Article VII - Manslaughter (327)

Any person(s) who engages in the unintentional killing of another individual, with or without a quarrel or heat of passion, shall be guilty of Manslaughter and is punishable by 2 Hour Imprisonment. (Class A Felony)

 

Article VIII - Murder (328)

 

Any person(s) who successfully kills another individual, through premeditated or unpremeditated actions with malice aforethought. 

 

Section 328.01 - First Degree

 

Any person(s) who successfully kills another individual, through premeditated actions with malice aforethought, shall be guilty of Murder in the First Degree and is punishable by 4 Hours Imprisonment. (Class A Felony)

 

Section 328.02 - Second Degree

 

Any person(s) who successfully kills another individual, through unpremeditated actions with malice aforethought, shall be guilty of Murder in the Second Degree and is punishable by 3 Hours Imprisonment. (Class A Felony)

 

Article IX - Kidnapping (329) 

 

Any person(s) who forcibly, or by any other means of instilling fear, steals, holds, detains, or unlawfully arrests any person against their will, shall be guilty of Kidnapping and is punishable by 1 Hour and 30 Minutes Imprisonment. (Class B Felony)

 

Article X - Stalking (320-1) 

 

Any person(s) who willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family, shall be guilty of Stalking and is punishable by 30 Minutes Imprisonment. (Class B Misdemeanor) 

 

Article XI - Rape (321-1) 

 

Any person(s) who engages in an act of sexual intercourse accomplished without the consent of one or more parties, shall be guilty of Rape and is punishable by 3 Hours Imprisonment. (Class A Felony)

 

Article XII - Statutory Rape (322-1) 

 

Any person(s) who engages in an act of consensual sexual intercourse accomplished with a person who is a minor under the age of 18 years, shall be guilty of Statutory Rape and is punishable by 3 Hours Imprisonment. (Class C Felony)

 

Article XIII - Torture (323-1)

 

Any person(s) who with the intent to cause cruel or extreme pain and suffering for the purpose of revenge, extortion, persuasion, or for any sadistic purpose, inflicts great bodily injury on another, shall be guilty of Torture and is punishable by 2 Hours Imprisonment. (Class A Felony)

 

Article XIV - Human Trafficking (324-1)

 

Any person(s) who forcibly, or by any other means of instilling fear, steals, holds, detains, or unlawfully arrests two or more persons against their will, shall be guilty of Human Trafficking and is punishable by 2 Hours Imprisonment. (Class A Felony)

 

Article XV - Domestic Terrorism (325-1)

 

Any person(s) who unlawfully through the use of threats, force, or violence, against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives, shall be guilty of Domestic Terrorism and is punishable by 72 Hours Imprisonment. (Class A Felony)

 

Article XVI - Criminal Threats (326-1)

 

Any person(s) who willfully threatens to commit a crime which will result in death or bodily injury to another person made verbally, in writing, or by means of an electronic communication device, while not physically present of that individual, shall be guilty of Criminal Threats and is punishable by 20 Minutes Imprisonment. (Class B Misdemeanor)

 

Title C - Offenses involving Damage to and Intrusion upon Property


Article I - Arson (331) 

 

Any person(s) who willfully and maliciously sets fire to or burns or causes to be burned or who aids or advises the burning of, any structure, forest land, or property, shall be guilty of Arson and is punishable by 2 Hours Imprisonment. (Class A Felony)

 

Article II - Criminal Trespass (332)

 

Any person(s) who enters another's property with the intent to interfere with or obstruct the business activities conducted thereon, or enters and occupies another's property without permission, or refuses to leave private property after being asked by an owner, manager, resident, or employee, shall be guilty of Criminal Trespass and is punishable by 30 Minutes Imprisonment. (Class C Misdemeanor)

 

Article III - Burglary (333)

 

Any person(s) who enters any publicly or privately owned facility, with the intent to procure items through illicit means, and the property is either occupied or unoccupied. 

 

Section 333.01 - First Degree

 

Any person(s) who enters any publicly or privately owned facility, with the intent to procure items through illicit means, and the property is occupied, shall be guilty of Burglary in the First Degree and is punishable by 1 Hour Imprisonment. (Class C Felony)

 

Section 333.02 - Second Degree 

 

Any person(s) who enters any publicly or privately owned facility, with the intent to procure items through illicit means, and the property is unoccupied, shall be guilty of Burglary in the Second Degree and is punishable by 30 Minutes Imprisonment. (Class C Felony)

 

Article IV - Possession of Burglary Tools (334)

 

Any person(s) having upon him or her in his or her possession a picklock, crow, key bit, crowbar, screwdriver, vise grip pliers, water-pump pliers, slim jim, tension bar, lock pick gun, tubular lock pick, bump key, floor-safe door puller, master key, ceramic or porcelain spark plug chips or pieces, or other instrument or tool with intent to breach a lock without possession of proper licensing, shall be guilty of Possession of Burglary Tools and is punishable by 15 Minutes Imprisonment. (Class C Misdemeanor)

 

Article V - Criminal Mischief (335) 

 

Any person(s) who defaces, damages, or destroys property not his or her own through methods not including burning; who discards, drops, or scatters waste matter in a place other than a container or proper disposal, in a public or private property, other than his or her own property.

 

Section 335.01 - First Degree 

 

Any person(s) who defaces, damages, or destroys property not his or her own through methods not including burning, shall be guilty of Criminal Mischief in the First Degree and is punishable by 20 Minute Imprisonment and a $200 Fine. (Class C Misdemeanor)

 

Section 335.02 - Second Degree 

 

Any person(s) who discards, drops, or scatters waste matter in a place other than a container or proper disposal, in a public or private property, other than his or her own property, shall be guilty of Criminal Mischief in the Second Degree and is punishable by $100 Fine. (Class C Infraction)

 

Title D - Offenses involving Theft


Article I  - Larceny (341)

 

Any person(s) who shall steal, take, carry, lead, or drive away the personal property of another individual or organization in value of $2,000 or less, including of services, which is the intentional failure to pay for rendered services valued at $2,000 or less, shall be guilty of Larceny and is punishable by 10 Minute Imprisonment and a $300 Fine. (Class C Misdemeanor)

 

Article II - Grand Larceny (342)

 

Any person(s) who shall steal, take, carry, lead, or drive away the personal property of another individual or organization in value of $2,001 or more, including of services, which is the intentional failure to pay for rendered services valued at $2,001 or more; who commits theft of any vehicle, no matter the value; or who commits theft of any registered firearm, no matter the value.

 

Section 342.01 - First Degree 

 

Any person(s) who commits theft of any registered firearm, no matter the value, shall be guilty of Grand Larceny in the First Degree and is punishable by 2 Hours Imprisonment. (Class C Felony)

 

Section 342.02 - Second Degree 

 

Any person(s) who commits theft of any vehicle, no matter the value, shall be guilty of Grand Larceny in the Second Degree and is punishable by 1 Hour and 30 Minutes Imprisonment. (Class C Felony)

 

Section 342.03 - Third Degree 

 

Any person(s) who shall steal, take, carry, lead, or drive away the personal property of another individual or organization in value of $2,001 or more, including of services, which is the intentional failure to pay for rendered services valued at $2,001 or more, shall be guilty of Grand Larceny in the Third Degree and is punishable by 1 Hour Imprisonment and a $600 fine.  (Class C Felony)

 

Article III - Robbery (343)

 

Any person(s) involved in the taking of money or goods in the possession of another, from his or her person, property, or immediate presence, by force or intimidation, with or without the use of a deadly weapon. 

 

Section 343.01 - First Degree 

 

Any person(s) involved in the taking of money or goods in the possession of another, from his or her person, property, or immediate presence, by force or intimidation, with the use of a deadly weapon, shall be guilty of Robbery in the First Degree and is punishable by 1 Hour and 30 Minutes Imprisonment. (Class B Felony)

 

Section 343.02 - Second Degree 

 

Any person(s) involved in the taking of money or goods in the possession of another, from his or her person, property, or immediate presence, by force or intimidation, without the use of a deadly weapon, shall be guilty of Robbery in the Second Degree and is punishable by 1 Hour Imprisonment. (Class B Felony)

 

Article IV - Criminal Possession (344)

 

Any person(s) who buys or receives any property that has been stolen or that has been obtained in any manner constituting theft or extortion with knowledge of status, shall be guilty of Criminal Possession and is punishable by 20 Minutes Imprisonment. (Class C Misdemeanor)
    
Title E - Offenses involving Fraud


Article I - Fraud (351)

 

Any person(s) giving false representation of a matter of fact—whether by words or by conduct, by false or misleading allegations, or by concealment of what should have been disclosed—that deceives and is intended to deceive another so that the individual will act upon it to her or his legal injury, shall be guilty of Fraud and is punishable by 30 Minutes Imprisonment. (Class C Misdemeanor)

 

Article II - Forgery (352)

 

Any person(s) who knowingly alters, creates, or uses a written document, with the intent to commit fraud, shall be guilty of Forgery and is punishable by 30 Minutes Imprisonment. (Class C Misdemeanor)

 

Article III - Criminal Impersonation (353) 

 

Any person(s) who presents themselves as a member of a public service, private/public profession, or any position in which they are not licensed to practice or are employed with, or of a private individual who they are confirmed not to be. 

 

Section 353.01 - First Degree 

 

Any person(s) who presents themselves as a member of a public service, private/public profession, or any position in which they are not licensed to practice or are employed with, shall be guilty of Criminal Impersonation in the First Degree and is punishable by 40 Minutes Imprisonment. (Class C Misdemeanor)

 

Section 353.02 - Second Degree 

 

Any person(s) who presents themselves as a private individual who they are confirmed not to be, shall be guilty of Criminal Impersonation in the Second Degree and is punishable by 20 Minutes Imprisonment. (Class C Misdemeanor)

 

Title F - Offenses against Public Administration

 

Article I - Obstruction of Public Duty (361) 

 

Any person(s) who through coercion, violence, or by using means meant to delay the administration of public justice and/or safety, such as misleading or lying to law enforcement officers, intimidating reporters of crimes, or by willful intent disrupts operations of government agencies from enforcing public safety/security, shall be guilty of Obstruction of Public Duty and is punishable by 1 Hour Imprisonment. (Class C Felony)

 

Article II - Bribery of a Public Official (362)

 

Any person(s) who either attempts or completes an attempt to provide funding to any public official, for a solicitation of favorable services, shall be guilty of Bribery of a Public Official and is punishable by 1 Hour Imprisonment. (Class C Felony)

 

Article III - Resisting Arrest (363)

 

Any person(s) avoiding apprehension from an officer by non-vehicular means, or resisting apprehension by any physical means, shall be guilty of Resisting Arrest and is punishable by 20 Minutes Imprisonment. (Class C Misdemeanor)

 

Article IV - Perjury (364)

 

Any person(s) who through written or spoken affidavit, supplies information that is false, incomplete, or willfully inaccurate, with intent to mislead or delay any process of court procedure, shall be guilty of Perjury and is punishable by 1 Hour Imprisonment. (Class C Felony)

 

Article V - Contempt of Court (365)

 

Any person(s) who engages in reckless/negligent behavior during an ongoing trial, disobeys or resists in any form court directives and/or rulings, or attempts to subvert the court through illicit or disruptive means to delay proceedings, shall be guilty of Contempt of Court and is punishable by 30 Minutes Imprisonment. (Class C Misdemeanor)

 

Article VI - Witness Intimidation (366)

 

Any person(s) who attempts to prevent a witness from testifying in court through coercion, force, violence, or other illicit methods, shall be guilty of Witness Intimidation and is punishable by 1 Hour Imprisonment. (Class C Felony)

 

Article VII - Tampering with Evidence (367)

 

Any person(s) who knowingly, willfully or intentionally alters, modifies, manufactures, plants, places, destroys, damages, conceals, or moves anything used as evidence, shall be guilty of Tampering with Evidence and is punishable by 1 Hour Imprisonment. (Class C Felony)

 

Article VIII - Failure to Pay a Fine (368)

 

Any person(s) who fails to pay a fine issued by a citation within the time ordered, which shall be 72 hours from the point of issuance, shall be guilty of Failure to Pay a Fine and is punishable by REVIEW THIS CHARGE.  (Misdemeanor)

 

Article IX - Criminal Contempt (369)

 

Any person(s) who fails to respond to a subpoena or provide information in relation to subpoena, or any person(s) who fail to abide by orders of government entities, shall be guilty of Criminal Contempt and is punishable by 30 Minutes Imprisonment. (Class C Misdemeanor)

 

Article X - Voter Fraud/Voter Pandering (360-1) 

 

Any person(s) who successfully or unsuccessfully attempt to dissuade or influence voting through illicit, illegal, or unethical manners. Regardless of completion status, shall be guilty of Voter Fraud/Voter Pandering and is punishable by 1 Hour Imprisonment. (Class C Felony)

 

Article XI - Escape from Lawful Custody (361-1)

 

Any person(s) arrested, booked, charged, or convicted of any crime, and who thereafter escapes from a county or city jail, prison, community service, or custody of a Correctional Officer/Peace Officer in charge of them, shall be guilty of Escape from Lawful Custody and is punishable by 2 Hour Imprisonment. (Class C Felony)

 

Article XII - Corruption of Public Office (362-1)

 

Any person(s) engaged in an act of pursuing outside the interests of the public good, public justice, or duties of those serving public office, shall be guilty of Corruption of Public Office and is punishable by 4 Hour Imprisonment. (Class C Felony)

 

Title G - Offenses against Public Health and Morals
 

Article I - Criminal Manufacture of a Controlled Substance (371)

 

Any person(s) except as otherwise provided by law, every person who manufactures, compounds, converts, produces, derives, processes, or prepares, either directly or indirectly by chemical or natural extraction any illegal or prescription substance, shall be guilty of Criminal Manufacture of a Controlled Substance and is punishable by 2 Hours Imprisonment. (Class C Felony)

 

Article II - Criminal Possession of a Controlled Substance (372) 
    
Section 372.01 - First Degree 

 

Any person(s) who attempts, or is successful in the act of transporting, importing, exporting a controlled substance or multiple controlled substances on their person or in their property in excess of measurements of 75 grams or above, regardless of individual intent, shall be guilty of Criminal Possession of a Controlled Substance in the First Degree and is punishable by 2 Hours Imprisonment. (Class C Felony)

 

Section 372.02 - Second Degree


Any person(s) who attempts, or is successful in the act of transporting, exporting, storing or concealing controlled substances or multiple controlled substances on their person or in their property in excess of measurements of 35 grams or above, regardless of individual intent, shall be guilty of Criminal Possession of a Controlled Substance in the Second Degree and is punishable by 1 Hour and 30 Minutes Imprisonment. (Class C Felony)

 

Section 372.03 - Third Degree

 

Any person(s) who is in possession of a controlled substance or multiple controlled substances with the intent to distribute, deliver, or sell. This shall also automatically apply to any measurements 15 grams and above, regardless of individual intent, shall be guilty of Criminal Possession of a Controlled Substance in the Third Degree and is punishable by 30 Minutes Imprisonment. (Class C Misdemeanor)

 

Section 372.04 - Fourth Degree

 

Any person(s) who knowingly or unknowingly possess any controlled substance except when dispensed or prescribed by or under the direction of a person licensed by the state to dispense, prescribe, or administer controlled substances, shall be guilty of Criminal Possession of a Controlled Substance in the Fourth Degree and is punishable by 15 Minutes Imprisonment. (Class C Misdemeanor)

 

Article III - Prostitution (373)

 

Any person(s) who encourages or persuades a person to engage in sexual activity for monetary gain, whether it be the prostitute or the customer, shall be guilty of Prostitution and is punishable by 30 Minutes Imprisonment. (Class C Misdemeanor)

 

Article IV - Pandering/Pimping (374) 
    
Any person(s) who solicits or advertises, aids, or provides transport or otherwise supervises persons involved in prostitution and retains money earned during the commission of the offense of Prostitution, shall be guilty of Pandering/Pimping and is punishable by 1 Hour Imprisonment. (Class C Felony)

 

Title H - Offenses against Public Order, Public Sensibilities, and the Right to Privacy


Article I - Incitement to Riot (381)

 

Any person(s) who with the intent to cause a riot, whereas to create mass civil unrest amongst a large group of individuals with the intent to cause harm or damage to their immediate surroundings, shall be guilty of Incitement to Riot and is punishable by 1 Hour Imprisonment. (Class C Felony)

 

Article II - Unlawful Assembly (382)

 

Any person(s) who refuses to disperse or leave a public facility or ground without possessing a valid permit and has been ordered to leave by law enforcement, shall be guilty of Unlawful Assembly and is punishable by 30 Minutes Imprisonment. (Class C Misdemeanor)

 

Article III - Harassment (383)

 

Any person(s) whose course of conduct, directed at a specific person, which seriously alarms, annoys, torments, or terrorizes the person, and that serves no legitimate purpose after receiving verbal or written communication to cease, shall be guilty of Harassment and is punishable by 30 Minutes Imprisonment. (Class B Misdemeanor)

 

Article IV - Misuse of an Emergency Hotline (384)

 

Any person who uses a government hotline, intended for either emergency or non-emergency assistance, with a purpose other than contacting the government with a legitimate concern or ushering for immediate assistance, including prank calls, jokes, or any other kind of distraction, shall be guilty of Misuse of an Emergency Hotline and is punishable by 15 Minutes Imprisonment. (Class C Misdemeanor)

 

Article V - Disorderly Conduct (385)

 

Any person(s) who without regard to the public decency, causes disruption by means of loud music, offensive or vulgar words, or conduct leading to a disruption of community activities or tranquility, shall be guilty of Disorderly Conduct and is punishable by 15 Minutes Imprisonment. (Class C Misdemeanor)

 

Article VI - Animal Abuse/Cruelty (386) 

 

Any person(s) who maliciously and intentionally maims, mutilates, tortures, assaults, wounds, or murders a living animal, or holds ownership to a pet that is not considered domesticated and safe for the animal or the owner, shall be guilty of Animal Abuse/Cruelty and is punishable by 1 Hour Imprisonment. (Class B Felony)

 

Article VII - Public Lewdness (387)

 

Any person(s) who solicits anyone to engage in or engages in lewd or dissolute or inappropriate conduct in any public place or in any place open to the public or exposed to public view, shall be guilty of Public Lewdness and is punishable by 15 Minutes Imprisonment. (Class C Misdemeanor)

 

Article VIII - Exposure of a Person (388)

 

Any person(s) who willfully and lewdly exposes their person, or the private parts thereof, in any public place, or in any place where there are present other persons, shall be guilty of Exposure of a Person and is punishable by 30 Minutes Imprisonment. (Class C Misdemeanor)

 

Article IX - Facial Obstruction (389)

 

Any person(s) who obstructs or disguises their face, during the commission of a crime, shall be guilty of Facial Obstruction and is punishable by 15 Minutes Imprisonment. (Class C Misdemeanor)

 

Article X - Neglect of Public Duty (380-1) 
    
Any person(s) who is employed by a government-sanctioned agency on a municipal, county, or state level, who neglects to carry out their assigned duties of the position in which they hold, leading to a deterioration of public safety, cause of injury, or violations of criminal code, shall be guilty of Neglect of Public Duty and is punishable by 1 Hour Imprisonment. (Class C Felony)


Title I - Offenses against Marriage, The Family, and the Welfare of Children and Incompetents

 

Article I - Incest (391)

 

Any person who marries or engages in sexual intercourse, oral sexual  conduct  or  anal sexual  conduct  with a person whom he or she knows to be related to him or her, whether through marriage or not,  as  an  ancestor,  descendant, brother  or  sister  of either the whole or the half blood, uncle, aunt, nephew or niece, shall be guilty of Incest and is punishable by 1 Hour Imprisonment. (Class C Felony)

 

Article II - Child Abuse/Endangerment (392)

 

Any person(s) who willfully inflicts upon a child under 18 years old any cruel or inhuman corporal punishment or an injury resulting in a traumatic condition, or puts a child in a situation or circumstance that invites great bodily harm or injury, or causes minor harm or injury to the child, shall be guilty Child Abuse/Endangerment and is punishable by 2 Hour Imprisonment. (Class A Felony)

 

Article III - Child Neglect (393)

 

Any person(s) who fails to provide physical necessities such as clothing, food, shelter, and medical or other remedial care for his/her minor child without a lawful excuse, shall be guilty of Child Neglect and is punishable by 1 Hour Imprisonment. (Class A Felony)

 

Article IV - Sale of Alcohol Tobacco to a Minor (394)

 

Any person(s) who willfully and knowingly sells alcohol and/or tobacco to an individual under the age of 21, shall be guilty of Sale of Alcohol Tobacco to a Minor and is punishable by 30 Minutes Imprisonment. (Class C Misdemeanor)

 

Article V - Minor Alcohol/Tobacco Violation (395)

 

Any person(s) under the age of 21 who is in possession of alcohol, alcohol-based products, or appears to be under the influence of alcohol, or any tobacco-based products, shall be guilty of Minor Alcohol/Tobacco Violation and is punishable by 30 Minutes Imprisonment. (Class C Misdemeanor)
    
Title J - Offenses against Public Safety

 

Article I - Discharging a Firearm from a Motor Vehicle (1-311)

 

Any person(s) who discharges a firearm from within a motor vehicle, shall be guilty of Discharging a Firearm from a Motor Vehicle and is punishable by 1 Hour Imprisonment. (Class C Felony)

 

Article II - Carrying an Unlicensed Firearm (1-312)

 

Any person(s) who carries a weapon on their person or in their vehicle, place of business, or another private facility without proper relevant permits or without the knowledge or consent (implied or expressed) of an individual within their vehicle, place of business, or another private facility who possesses such permits, shall be guilty of Carrying an Unlicensed Firearm and is punishable by 40 Minutes Imprisonment. (Class C Misdemeanor)

 

Article III - Possession of a Prohibited Firearm or Explosive Device (1-313)

 

Any person(s) who possesses any firearm or explosive device that is prohibited by state or federal law, or contains illegal/prohibited modifications in its setup, or firearms and explosive devices banned from entry, sale, or transportation into the United States, without appropriate ATF stamp, shall be guilty of Possession of a Prohibited Firearm or Explosive Device and is punishable by 1 Hour Imprisonment. (Class C Felony)

 

Article IV - Unlicensed Sale of Firearms/Explosives (1-314)

 

Any person(s) who illegally sell firearms or improvised devices of any type without proper permits or permissions, shall be guilty of Unlicensed Sale of Firearms/Explosives and is punishable by 1 Hour Imprisonment. (Class C Felony)

 

Article V - Brandishing a Firearm (1-315)

 

Any person(s) who is pointing, holding or brandishing a firearm, air or gas-operated weapon or object similar, using the firearm or object in such manner as to reasonably induce fear in the mind of another, or inducing fear in the mind of others of being shot or injured, shall be guilty of Brandishing a Firearm and is punishable by 1 Hour Imprisonment. (Class C Felony)

 

Article VI - Discharging a Firearm in Public (1-316)

 

Any person(s) who fires a firearm (without regard to its registration or legal status) without due cause or justifiable motive, shall be guilty of Discharging a Firearm in Public and is punishable by 1 Hour Imprisonment. (Class C Felony)

 

Article VII - Possession of a Firearm by a Convicted Felon (1-317)

 

Any person(s) who carries or possesses a weapon in or on their person, vehicle, place of business, or another facility while being previously convicted of a felony charge under the laws of the United States or the State of Liberty, shall be guilty of Possession of a Firearm by a Convicted Felon and is punishable by 1 Hour Imprisonment. (Class C Felony)

 

Article VIII - Evading a Peace Officer (1-318)

 

Any person(s) whom, while operating a motor vehicle, or bicycle and with the intent to evade, willfully flees or otherwise attempts to elude a pursuing peace officer's motor vehicle, shall be guilty of Evading a Peace Officer and is punishable by 1 Hour Imprisonment, 7 Day License Suspension, 7 Day Vehicle Impound, and $1,500 fine. (Class C Felony)

 

Article IX - Driving on a Suspended License (1-319)

 

Any person(s) operating a motor vehicle at any time when that person's driving privilege is suspended or revoked, shall be guilty of Driving on a Suspended License and is punishable by 30 Minutes Imprisonment, 2 Day Vehicle Impound, and $500 fine. (Class C Misdemeanor)

 

Article X - Hit and Run (1-310-1)

 

Any person(s) while operating a motor vehicle, collides with a pedestrian or motor vehicle, then proceeds to drive away with intent to avoid consequences, shall be guilty of Hit and Run and is punishable by 1 Hour Imprisonment, 3 Day License Suspension, and 3 Day Vehicle Impound. (Class B Felony)

 

Article XI - Reckless Operation Of an Off-Road or Naval Vehicle (1-311-1)

 

Any person(s) engaging in reckless or careless usage of a non-aerial or street-legal vehicle with or without intent but the creation of distress or the opportunity to cause harm. This can include ATVs, golf carts, boats & naval vehicles, or other equipment not driven on roads, shall be guilty of Reckless Operation of an Off-Road or Naval Vehicle and is punishable by 30 Minutes Imprisonment, and $500 fine. (Class C Misdemeanor)

 

Article XII - Speeding (1-312-1)

 

Any person(s) who at all times - on official state, county, or local roads of any scale - exceeds a maximum speed of 80 MP/H on highways, and 60 MP/H on roads within Liberty City, shall be guilty of Speeding and is punishable by a $200 fine. (Class C Infraction)

 

Article XIII - Failure to Yield/Stop to a Traffic Control Device (1-313-1)

 

Any person(s) who fails to follow traffic control devices while operating a motor vehicle such as; 

  • Not yielding to an emergency vehicle with visible emergency lightings and sounding sirens;
  • Crossing a double yellow line when NOT entering or leaving a parking lot or driveway;
  • Ignoring signs, roadblocks, hand signals, or other equipment used by law enforcement to direct traffic;
  • Failing to adhere to Part 4 Title A when appropriate.

Shall be guilty of Failure to Yield/Stop to a Traffic Control Device and is punishable by a $200 fine. (Class C Infraction)


Article XIV - Illegal Parking (1-314-1)

 

Any person(s) who’s vehicle is parked; 

  • In a manner that obstructs a lane of traffic and prevents traffic from properly flowing. 
  • In a manner that obstructs an alleyway used by traffic and prevents traffic from entering and/or exiting the alleyway. 
  • In a manner that obstructs a parking lot and prevents vehicles from leaving or entering the lot. 
  • Within a marked crosswalk. 
  • On any sidewalk that completely obstructs pedestrian foot traffic, or on any median. 
  • Facing opposing traffic. 
  • On a bridge or inside of any tunnel. 
  • On any freeway. 
  • On or within range of railroad tracks, where such a range poses the risk of the vehicle being struck by any railroad cars. 
  • In the immediate ambulatory parking or bay area of a hospital or clinic. 
  • In the immediate vicinity of the Bank's entrance, including the sidewalk adjacent to the metal barriers. 
  • In front of or obstructing a private driveway or an entrance or exit to a private road or path. 
  • Next to a fire hydrant, and/or on a firelane marked by red lines. 
  • In a fashion which blocks the flow of traffic.
  • On any part of a sidewalk. 
  • At or near a helipad or an aircraft landing zone, if in control of a non-aerial vehicle.

Note: As it is the responsibility of the property owner to maintain the facility and surrounding land, it is at the discretion of the property owner to determine parking rules for sidewalk and land surrounding their facility, so long as it does not violate any of the above policies. State property shall follow these guidelines unless the State Legislature cites otherwise. State agencies (such as the LCPD) are responsible for parking rules to facilities they manage.

 

Shall be guilty of Illegal Parking and is punishable by a $100 fine, and is liable to be impounded for 1 Day if the vehicle is obstructing the flow of pedestrians or traffic. (Class C Infraction)

 

Article XV - Reckless Driving (1-315-1)

 

Any person(s) who does not use care or caution while driving his or her vehicle with blatant disregard for the safety of others, safety of his or her self, or violation of expected vehicular conduct while on the road, shall be guilty of Reckless Driving and is punishable by 30 Minutes Imprisonment, and $500 fine. (Class C Misdemeanor)

 

Article XVI - Vehicular Noise Violation (1-316-1)

 

Any person(s) operating a vehicle that emits excessive noise - such as through unnecessary horn usage, or the emittance of loud music without regard to noise pollution, shall be guilty of Vehicular Noise Violation and is punishable by $100 fine. (Class C Infraction)

 

Article XVII - Negligent Operation of a Vehicle (1-317-1)

 

Any person(s) operating a vehicle in a manner that could lead to personal injury or damages to another vehicle or individual, shall be guilty of Negligent Operation of a Vehicle and is punishable by a $100 fine. (EX: Texting while Driving, Failure to Maintain Lanes, etc)  (Class C Infraction)

 

Article XVIII - Illegal Usage of Hydraulics (1-318-1) 

 

Any person(s) operating a vehicle that has hydraulic equipment installed on the chassis or other component(s) of the vehicle without legitimate equipment need or purpose (such as a forklift) may not use such hydraulics while on a state, county, or local road, shall be guilty of Illegal Usage of Hydraulics and is punishable by a $100 fine. (Class C Infraction)

 

Article XIX - Driving under the Influence of Alcohol or Narcotics (1-319-1)

 

Any person(s) who drives or operates a vehicle or machinery while under the influence of alcohol above the legal limit of 0.08% BAV, or under the influence of performance-altering narcotics, regardless of whether those drugs are legal or illegal, shall be guilty of Driving under the Influence of Alcohol or Narcotics and is punishable by 45 Minutes Imprisonment, 3 Day License Suspension, 3 Day Vehicle Impound, and $400 fine. (Class C Misdemeanor)

 

Article XX - Tinted Windows (1-310-2)

 

Any person(s) operating a vehicle that uses tints, or anonymizing shades on his or her windows leading to an individual driving with tinted windows unable to be identified while driving, shall be guilty of Tinted Windows and is punishable by a $100 fine. (Class C Infraction)

 

Article XXI - Motor Vehicle Contest (1-311-2)

 

Any person(s) performing an unlicensed or undesignated race or competition on city, county, or state paved roads or courses that incites the potential for other violations or demonstrates a potential for hazard, shall be guilty of Motor Vehicle Contest and is punishable by 45 Minutes Imprisonment, 7 Day License Suspension, 7 Day Vehicle Impound, and $500 fine. (Class C Misdemeanor)

 

Article XXII - Vehicular Endangerment (1-312-2)

 

Any person(s) driving or operating a vehicle and causing severe endangerment, actual physical harm, or risk of physical harm to pedestrians, and/or driving in a manner that places the public in grave danger, shall be guilty of Vehicular Endangerment and is punishable by 1 Hour Imprisonment, 7 Day Vehicle Impound, and $800 fine. (Class C Felony)

 

Article XXIII - Driving Without a Valid License (1-313-2)

 

Any person(s) operating a motor vehicle under an expired licensed, or operating a motor vehicle without a license in any capacity, shall be guilty of Driving Without a Valid License and is punishable by 30 Minutes Imprisonment, and 1 Day Vehicle Impound. (Class C Misdemeanor)

 

Article XXIV - Jaywalking (1-314-2)

 

Any person(s) who recklessly, or intentionally, crosses a road as a pedestrian in a manner that creates a foreseeable risk of obstructing the flow of traffic or otherwise creates a hazard to road users commits an offense, shall be guilty of Jaywalking and is punishable by a $100 fine. (Class C Infraction)

 

Article XXV - Possession of Open Container (1-315-2)

 

Any person(s) who holds possession of open containers of alcoholic beverages while operating a vehicle, shall be guilty of Possession of Open Container and is punishable by a $100 fine. (Class C Infraction)

 

Article XXVI - Failure to Wear a Seatbelt/Safety Equipment (1-316-2)

 

Any person(s) while operating a motor vehicle, doesn't properly secure themselves in with the safety belt, or properly adhere to traffic safety standards when operating vehicles such as bikes, ATV's, etc without a helmet or other proper safety equipment for proper operation, shall be guilty of Failure to Wear a Seatbelt/Safety Equipment and is punishable by a $100 fine. (Class C Infraction)

 

Article XXVII - Operation of an Unsafe Motor Vehicle (1-317-2)

 

Any person(s) operating a motor vehicle or cycle with substantial structural damage, and/or failure to adhere to proper driving requirements such as cruising without headlights at night or routine maintenance being neglected, or which may lead to substantial harm to the driver during their operation of the motor vehicle if not corrected, shall be guilty of Operation of an Unsafe Motor Vehicle and is punishable by a 3 Day Vehicle Impound and $300 fine. (Class C Misdemeanor)

 

Article XXVIII - Vehicle Registration Violation (1-318-2)

 

Any person(s) who drives, moves, or leaves standing upon a public road, any unregistered motor vehicle, or any motor vehicle that does not display an identification plate, shall be guilty of Vehicle Registration Violation and is punishable by a 1 Day Vehicle Impound and $100 Fine. (Class C Infraction)

 

Article XXIX - Operating an Aircraft Without a License (1-319-2)

 

Any person(s) who operates any aircraft without the appropriate license, shall be guilty of Operating an Aircraft Without a License and is punishable by a 30 Minute Imprisonment and $200 Fine. (Class C Misdemeanor)

 

Article XXX - Reckless Operation of an Aircraft (1-310-3)

 

Any person(s) who endangers life through the operation of their aircraft, such as flying at low altitude in an urban or suburban area, shall be guilty of Reckless Operation of an Aircraft and is punishable by 1 Hour and 30 Minutes Imprisonment, Revocation of Pilots License, and a $10,000 fine. (Class C Felony)

 

Article XXXI - Failure to Adhere to ATC (1-311-3)

 

Any person(s) who, whilst operating an aircraft, fails to adhere to ATC protocol or commands, shall be guilty of Failure to Adhere to ATC and is punishable by 1 Hour Imprisonment, and 3 Day Pilot's License Suspension. (Class C Felony)

 

Article XXXII - Aerial Evasion (1-312-3)

 

Any person(s) who evades any law enforcement agency via an aircraft, whether as a pilot or passenger, shall be guilty of Aerial Evasion and is punishable by 2 Hour Imprisonment, Revocation of Pilots License Suspension, and $10,000 fine. (Class C Felony)

 

Article XXXIII - Negligent Operation of a Bicycle (1-313-3)

 

Any person(s) operating a bicycle in a manner that will likely cause property damage or harm to other road users or pedestrians, shall be guilty of Negligent Operation of a Bicycle and is punishable by a $100 fine. (Class C Infraction)

 

Article XXXIV - Vigilantism (1-314-3)

 

Any person(s) engaged in the act of "taking the law into one's own hands" by acting on one's own intentions to subdue another civilian breaking the law while not currently serving as a peace officer, shall be guilty of Vigilantism and is punishable by 20 Minutes Imprisonment. (Class C Misdemeanor)

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Part 4 - Administrative

Title A - Road and Pedestrian Safety
Article I - Driving Exemptions


Section 411.01 - Exemptions Defined 


1.) Public employees, motor vehicles, and other equipment while actually engaged in work upon the surface of a public road, or work of installation, removal, repairing, or maintaining official traffic control devices, are exempt from this title.


2.) The driver of an authorized emergency vehicle is exempt from this title if the vehicle is being driven in response to an emergency call and the driver of the vehicle sounds a siren as may be reasonably necessary and the vehicle displays a lighted red or blue lamp visible as a warning to other drivers and pedestrians. This section does not relieve the driver of a vehicle from the duty to drive with due regard for the safety of all persons using the public road, nor protect him from the consequences of an arbitrary exercise of the privileges granted in that section.


Article II - Public Road Markings


Section 412.01 - Regulations


1.) Upon all public roads, a vehicle shall be driven upon the right half of the roadway.


2.) Yellow lines in the center of the road divide directions of traffic. Dashed white lines in the road divide lanes of traffic.


3.) A single white line across the roadway perpendicular to the direction of traffic indicates a requirement to come to a complete stop at the line, if there are pedestrians attempting to cross. This includes the first line in front of a marked crosswalk.


Article III - Vehicle Right of Way


Section 413.01 - Regulations


1.) If, upon approaching a junction containing traffic lights, the traffic light displays a red light, the driver must stop before the white perpendicular line or last perpendicular line of a crosswalk. The driver shall yield the right of way to any and all vehicles before proceeding through the junction. If the traffic light displays a yellow light that is going to a green light, then it is to be treated as a green light. If the traffic light displays a green light, the driver is not required to stop, and may pass through the intersection without stopping. 


2.) The driver of a vehicle intending to turn to the left or to complete a U-turn upon a public road, or to turn left into public or private property, or an alley, shall yield the right-of-way to all vehicles approaching from the opposite direction which are close enough to constitute a hazard at any time during the turning movement, and shall continue to yield the right-of-way to the approaching vehicles until the left turn or U-turn can be made with reasonable safety. 


3.) The driver of any vehicle about to enter or cross a public road from any public or private property, or from an alley, shall yield the right-of-way to all traffic close enough to constitute an immediate hazard, and shall continue to yield the right-of-way to that traffic until he or she can proceed with reasonable safety.


4.) Upon the immediate approach of an authorized emergency vehicle which is sounding a siren or which has at least one lighted lamp exhibiting blue or red light that is visible, the surrounding traffic shall yield the right-of-way and shall immediately drive to the right-hand edge or curb, clear of any intersection, and thereupon shall stop and remain stopped until the authorized emergency vehicle has passed.


5.) The driver of a vehicle shall yield the right-of-way to a pedestrian crossing within any marked crosswalk or within any unmarked crosswalk at an intersection.


6.) If, upon approaching a junction containing traffic lights the traffic light displays a red light the driver must stop to other vehicles before continuing. If there are no other vehicles at the junction, the driver may proceed cautiously through the junction. If the traffic light displays a yellow light that is going to a green light, then it is to be treated as a green light. If the traffic light displays a green light, the driver is not required to stop, and may pass through the intersection without stopping. (( For the time being, stop at every intersection as if it is a stop sign before going. Give way to the right side of traffic. )) 


7.) Within the State of Liberty operators of motor-vehicles must observe safe vehicle operations around stationary emergency vehicles. Drivers are required by law to move to an adjacent lane when passing a stationary emergency vehicle. If moving to an adjacent lane is either not possible or not safe, the driver must slow their vehicle to 30 MPH before passing the stationary emergency vehicle. This is to ensure the safety of emergency personnel and property.


Article IV - Vehicle Impounds / Towing / License Suspensions 

 

Section 414.01 - Vehicle Impounds 

 

Vehicle Impounds for certain offenses shall be detailed within this section as to when it is acceptable and when other means are warranted in the following list;

 

  • Any vehicle involved in the commission of a crime, and/or to which the owner of said vehicle has been arrested, impounded until the release of the suspect, or at least until the end of a 48 hour period since the arrest occurred. 
  • Any vehicle/owner who has accumulated four or more traffic-related fines, within the timespan of one week. May be retrieved after a total of seven days have passed since impoundment.
  • Any vehicle that is illegally imported into the United States. Automatic seizure of the vehicle, and a federal arrest warrant for the registered owner issued.
  • If a vehicle does not meet the definitions above to be impounded/seized, but is somehow causing a hindrance through other traffic-related offenses, the vehicle is authorized upon officer discretion to be towed to a safe location to remove the disruption.

 

Section 414.02 - License Suspensions

 

License suspensions, unless specifically dictated otherwise for specific traffic-related offenses, may be issued after a certain number of offenses on a particular charge have been accumulated on someone's record. These suspensions may last no longer than seven days, and may only be issued after the 3rd offense of a specific charge upon officer discretion.

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  • Brett changed the title to Penal Law - Consolidated Laws of Liberty

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