POST LAWS

1st degree motor theft

  • Knowingly obtains/exercises control over a motor vehicle of another without authorization, or by threat or deception and:

  1. Retains possession/control for more than 24 hours (or)

  2. Attempts to alter/disguise appearance motor vehicle (or)

  3. Attempts to alter/remove vehicle identification number (or)

  4. Uses motor vehicle in commission of crime (other than traffic offense) (or)

  5. Causes $500 or more property damage via motor vehicle (or)

  6. Causes bodily injury to another while controlling motor vehicle (or)

  7. Removes motor vehicle from the state (or)

  8. Unlawfully attaches or displays false license plates on vehicle

2nd degree motor vehicle theft

  • Steals a motor vehicle but none of the eight aggravators were present.

Theft by receiving 

  • Receives, retains, loans money by pawn, or disposes anything of value of another, Knowing or believing the thing of value had been stolen, With the intent to permanently deprive

Theft of rental property

  • By means of threat or deception, obtains temporary use of rental property (available only for hire) when not authorized to do so; (or) By means or threat or deception, obtains such rental property knowing there is no consent; After lawfully obtaining consent to possess the rental property temporarily, knowingly fails to disclose whereabouts or return the rented property within 72 hours from the time he was suppose to return it (72 hour grace period).

Concealment of goods

  • Concealment of unpurchased goods or merchandise whether on their person or otherwise, and whether on or off premises of the store is considered prima facie evidence of theft Concealment is not a crime itself, but is considered prima facie evidence of an intent to commit theft.

1st degree trespass dwelling/motor vehicle

  • Knowingly and unlawfully enters or remains in the dwelling of another [no intent to commit crime dwelling is occupied or any motor vehicle, with intent to commit a crime therein.

2nd degree trespassing

  • Unlawfully enters or remains within enclosed/fenced premises of another (designed to exclude intruders) PO or Knowingly/unlawfully enters or remains in common area of hotel/motel/apartment; PO or Knowingly/unlawfully enters or remains in motor vehicle of another (no criminal intent to commit a crime - simply entering into vehicle enough)

3rd degree trespassing

  • Unlawfully enters or remains in or upon premises of another.

Crim mischief 

  • Knowingly damages real or personal property of another in the course of a single criminal episode. Includes jointly owned property. Criminal intent must exist Must cause economic loss to the owner of the property Damage can be aggregated

Forgery

  • With intent to defraud, - falsely utters, Valuable instrument issued gov't money/stamps/securities Corporate stocks/bonds Deed/will/conduct/contract Public record only fileable by a public official Written instrument created by a public official or govt. agency

Fraud by check

  • knowing he has insufficient funds with the drawee (bank), with intent to defraud, issues a check for services, wages, money, property or other thing of value. Opening a checking account under a false name

2nd degree burgluary

  • with intent to defraud, falsely utters not described as felony forgery.

Crim simulation

  • W/l intent to defraud Makes, alters or represents Any object so that it appears to have an antiquity, rarity, source. Authorship, or composition which is in fact false; or knowing the object is false W/I intent to defraud utters, misrepresents or possesses any object made or altered

Crim impersonation

  • knowingly assume a false identity and Subjects the true person to civil or criminal action Uses false identity to gain a benefit or defraud another or to defraud another Marry someone using false identity Becomes a bail or surety to another while under such impersonation

Unauthorized use of a financial transaction device

  • W/ intent to defraud uses a financial transaction device (i.e. - credit card, debit card, etc.) To obtain anything of value or making financial payment, With notice that The financial transaction device has expired; or The use of the financial transaction device is unauthorized by either the issuer or by the account holder.

Criminal possession of financial device

  • Possession/control of any FTD knows/should know Is Lost, stolen or delivered by mistake

Criminal possession of an identification document

  • Knowingly possesses another persons driver's license, govt issued ID, Soc. Sec. Card

Gathering of identity info

  • Knowingly makes or conveys material false statement w/ intent to obtain personal or financial

Possession of identity theft tools

  • Any tools, equipment etc., commonly used to commit Identity theft

Identify theft use

  • Knowingly uses personal or financial identifying information, or financial device of another, with the intent to obtain anything of value or to make a financial transaction

Identity theft possession

  • Knowingly possesses personal or financial identifying information or financial device, with the intent, to use or allow someone else to use the information or device to obtain anything of value

Identity theft falsely made/altered/uttered

  • With intent to defraud, falsely made, completed, altered, or uttered; a written instrument or financial device, containing any personal identifying or financial info

Identity theft credit card application

  • Knowingly possess personal or financial identifying information of another, to obtain application of financial device or other extension of credit.. le: Credit card application

identity theft gov issued document

  • Knowingly use or possess personal identifying information of another, with the intent to obtain A government-issued document

Incest

  • Knowingly Marries (or)Inflicts sexual penetration (or) Inflicts sexual intrusion (or) Subjects to sexual contact To Any of the following persons: Ancestor or descendant (including natural child); Child by adoption; Stepchild 21 years or older; Brother or sister of whole or half blood; Uncle, aunt, nephew, or niece of whole blood.

aggravated incest

  • Knowingly Marries his/her own natural child (or) Inflicts sexual penetration/intrusion or contact upon their own natural child, stepchild or adopted child ‘’Child" - Less than 21 yoa

  • [B] Knowingly Marries (or)Inflicts penetration intrusion or sexual contact On any of the following persons who are under the age of 10 Descendant (includinG natural child) Brother or sister of whole or half blood Uncle, aunt, nephew, or niece of whole blood

Harboring a minor

  • Knowingly provides shelter to a minor without consent of parent/guardian and: Fails to release minor to law enforcement;or Fails to disclose location of minor to law enforcement when the offender knew the location of the minor because they either took them to the location or assisted the minor in reaching the location Obstructs law enforcement from taking minor into custody Assists the minor is avoiding or attempting to avoid law enforcement Fails to notify parent/guardian or law enforcement within 24 hours that the minor is being sheltered

contributing to the delinquency of a minor

  • Knowingly induces, aids or encourages a child to violate any federal, state, municipal or county law or court order commits contributing to the delinquency of a minor. "Chid" - Less than 18 yoa

child abuse

  • Causing an injury to a child's life or health; (or) Permits a child to be unreasonably placed in a situation that poses a threat of injury to the child's life or health; or Engaging in continued pattern of conduct resulting in malnourishment, lack of proper medical care, cruel punishment, mistreatment, or an accumulation of injuries that results in a child's death or serious bodily injury to a child."Child" - under 16 yoa

Sexual exploitation of a child

  • Sexual exploitation is a wrongful invasion of child's right of privacy resulting in emotional/social injury to child. Child less than 18 yoa is incapable of giving informed consent to the use of their bodies for sexual purposes; Mere possession or control of materials sexually exploiting children results in continued victimization of the child, Requiring permanent record of act/acts of sexual abuse of the child Each time the sexually exploitive material is shown, the child is harmed Knowingly engages in any of the following: Causes, induces, entices or permits child to engage in or be used for any explicit sexual conduct for the making of sexually exploitive materials or performance of any sexual conducT Publishing or selling any sexually exploitive material of a child; or Possesses or controls any sexually exploitive material of a child; or Possesses with intent to distribute sexually exploitive material of a child Intentionally gives, transports or makes available to another person A child for the purpose of sexual exploitation commits procurement.

domestic violence

  • Act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship; Includes any crimes against the person or property (including animals) when used as a method of coercion, control, punishment, intimidation or revenge."Intimate Relationship" Duty to arrest with P/C.

Violation of a Protection Order:

  • If defendant contacts/threatens or touches victim; or Hires employs or otherwise contacts another person to locate or assist in locating the victim Officer must arrest the suspect if there is P/C of violation of protective order and suspect has notice of P/o A peace officer is authorized to use every reasonable means to protect victim or victim's children to prevent further violence (including transporting to a safe shelter).

"At-risk adult"

  • Any person 70 yoa or older (as of May, 2013) (or) Any person 18 yoa or older and has a statutorily defined disability

"At-risk juvenile"

  • Any person under 18 yoa and has a statutorily defined disability

Public indecency 

  • Performance in a public place of Sexual/deviant intercourse; Lewd or knowing exposure likely to cause alarm; Lewd fondling

indecent exposure

  • Knowingly exposes genitals; likely to cause affront or alarm; with intent to arouse or to satisfy sexual desire. Or Knowing act of masturbation in view of anyone; likely to cause affront or alarm;

  • Requires registration as a sexual offender

Sexual conduct in a corrections facility

  • Any individual who works in a correctional institution & has sex with an inmate;

Obstruction gov ops

  • Intentionally obstruct, impair, hinder performance of public servant by: Use, threatens violence, force, physical interference

Resisting arrest

  • Knowingly, prevents arrest of self/another by Peace Officer who has identified self by credentials, In or out of uniform, Acting under color of authority by: Use or threatened use of physical force against Peace Officer Creating a substantial risk of bodily injury to anyone. Illegal arrest not a defense

Obstructing a peace officer 

  • Use, threatens use of: Violence tons, physical interference or obstacle Includes K-9 No "Illegal conduct of Officer" defense.

False report of explosives

  • Falsely reporting that bomb, chemical/biological agent, poison, radioactive substance Has been placed in public or private transportation or property.

false reporting emergency

 

  • Knowingly cause false fire, emergency alarm; (2) Report crime knowing it did not occur; (3) Provide information of a crime knowing the information is false.

False reporting identification

  • Crime to give false ID information to police:

Impersonating an officer

  • Must perform an act in the pretended

Disarming an officer

  • Removes firearm of Peace Officer acting under color of office

aiding escape

  • Knowingly aids, abets, assists another To escape/attempt from custody or confinement

introduction of contraband

  • Person on the outside introduces Alcohol, drugs, dangerous instruments: [firearms, sharp instrument, acid, poison] or: Anything that can cause fear of death or bodily injury

2nd degree introduction possession of contraband

-contraband is money,

postage, drugs other than controlled substances, obscene mat'l, cigarettes/tobacco

Riots in detentions

 

  • Defendant + 2 other persons actively participates in Violent conduct that creates grave risk of injury, damage to property obstructs police or Encourages other inmates

Bribery

  • Bribery Upon public servant: offers or gives any pecuniary benefit to influence public servant Bribery By a Public Servant: solicits, accepts or agrees to accept any pecuniary benefit in return for influencing his action

1st degree official mis conduct

  • Public Servant - w/Intent to obtain benefit Engages in unauthorized exercise of official function; or Violates any law/regulation relating to duties of office

2nd degree official misconduct

  • A Public Servant who refrains from doing duty to act imposed by law Or violates law relating to her office

Tampering with physical evidence

  • Physical Evidence =any thing of physical substance in an Official proceeding Destroys, mutilates, conceals, removes, alters, or Falsely makes, presents, or offers false evidence,

Inciting a riot

  • Incites or urges a group of 5 or more to engage in a current or pending riot; or Gives commands/instructions or signals to a group of 5 or more in furtherance of a riot;

Arming rioters

  • Knowingly supplies deadly weapon or destructive device for use in a riot; or Teaches another to prepare or use a deadly weapon or destructive device w/ intent to use in a riot

Engaging in a riot

  • F4 if actor deploys deadly weapon, destructive device or any device that reasonably could be thought to be a deadly weapon; M2 if no deadly weapon

Disobedience of public safety orders in riot conditions

  • if during a riot knowingly disobeys a reasonable public safety order to move, disperse or refrain from specified activities in the immediate vicinity of the riot; Public Safety Order: order designed to prevent or control disorder Press/News Media: Does not apply to Press/News Media unless physically obstructs law enforcement from dealing with riot

Disorderly conduct

  • Intentionally, knowingly or recklessly: Makes course and obviously offensive utterance, display or gesture in a public place that tends to incite immediate breach of the peace; Makes unreasonable noise in a public place or near a private residence that he has no right to Occupy: Fights with another in a public place except in sports contest; Non peace officer discharges a firearm in public place except when lawfully engaged in target practice, hunting or funeral service for veteran; Non police officer displays real or fake deadly weapon in a manner calculated to cause alarm

harassment

  • Strikes, shoves, kicks or otherwise touches or subjects another to physical contact; or (b). In a public place directs obscene language, physical gesture to another person; or Follows another in a public place; or Initiates communication with a person or directs language toward another anonymously or otherwise by telephone, text, or other electronic medium in a manner intended to harass or threaten bodily injury or property damage; or makes obscene communication through Makes telephone call repeatedly with purpose of legitimate conversation; or Makes repeated communications at inconvenient hours that invade the privacy of another and interfere with the use and enjoyment of another's home or other private property Repeatedly insults, taunts, challenges or makes communications in offensively coarse language likely to invoke violent/disorderly response;

loitering

  • to be dilatory, to stand idly around, to linger, delay, wander about, or to remain, abide, or tarry in a public place; With intent to interfere or endanger school children loiters in school bldg., or on school grounds or within 100 feet of school grounds when persons under 18 yoa are present; and not having a reason or relationship involving custody of a pupil or other specific legitimate reason for being there; and having been asked by school official or police officer to leave.

vehicular eluding

  • While operating a motor vehicle, knowingly eludes or attempts to elude a police officer who is also driving a car, and who knows or reasonably should know he is being pursued and operates a motor vehicle in a reckless manner.

unlawful conduct on public property

  • Enter or remain in any public bldg. or on any public property and disobey any order limiting/prohibiting activities or conduct in such public bldg. or property, issued by authorized police officer, or agency having power of control, management or supervision of the bldg. or property.

Crudity to animals

  • Knowingly, recklessly or with negligence; Mistreats an animal le: Overworks, torments, beats, starves, carelessly transports in car/truck; abandons,

Aggravated Cruelty

  • mutilates or kills animal Service/Police Dog/Horse even if animal is "not on duty”

obstruction of telephone

  • Knowingly prevents, obstructs or delays the transmission of any message, communication