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Complete Home & Office Legal Guide
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Complete Home and Office Legal Guide (Chestnut) (1993).ISO
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1993-08-01
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/* The Model Penal code represents the best thinking on what a
criminal code should be, and, has been adopted in large parts by
New Jersey, Wisconsin and many other states have taken portions
of it to inform their statute writing. This is perhaps the most
influential source on criminal law, other than the US Supreme
Court.*/
MODEL PENAL CODE
1.01. Title and Effective Date
(1) This Act is called the Penal and Correctional Code and
may be cited as P.C.C. It shall become effective on ___.
(2) Except as provided in Subsections (3) and (4) of this
Section, the Code does not apply to offenses committed prior to
its effective date and prosecutions for such offenses shall be
governed by the prior law, which is continued in effect for that
purpose, as if this Code were not in force. For the purposes of
this Section, an offense was committed prior to the effective
date of the Code if any of the elements of the offense occurred
prior thereto.
(3) In any case pending on or after the effective date of
the Code, involving an offense committed prior to such date:
(a) procedural provisions of the Code shall govern, insofar
as they are justly applicable and their application does not
introduce confusion or delay;
(b) provisions of the Code according a defense or mitigation
shall apply, with the consent of the defendant;
(c) the Court, with the consent of the defendant, may impose
sentence under the provisions of the Code applicable to the
offense and the offender.
(4) Provisions of the Code governing the treatment and the
release or discharge of prisoners, probationers and parolees
shall apply to persons under sentence for offenses committed
prior to the effective date of the Code, except that the minimum
or maximum period of their detention or supervision shall in no
case be increased.
1.02. Purposes; Principles of Construction
(1) The general purposes of the provisions governing the
definition of offenses are:
(a) to forbid and prevent conduct that unjustifiably and
inexcusably inflicts or threatens substantial harm to individual
or public interests;
(b) to subject to public control persons whose conduct
indicates that they are disposed to commit crimes;
(c) to safeguard conduct that is without fault from
condemnation as criminal;
(d) to give fair warning of the nature of the conduct
declared to constitute an offense;
(e) to differentiate on reasonable grounds between serious
and minor offenses.
(2) The general purposes of the provisions governing the
sentencing and treatment of offenders are:
(a) to prevent the commission of offenses;
(b) to promote the correction and rehabilitation of
offenders;
(c) to safeguard offenders against excessive,
disproportionate or arbitrary punishment;
(d) to give fair warning of the nature of the sentences that
may be imposed on conviction of an offense;
(e) to differentiate among offenders with a view to a just
individualization in their treatment;
(f) to define, coordinate and harmonize the powers, duties
and functions of the courts and of administrative officers and
agencies responsible for dealing with offenders;
(g) to advance the use of generally accepted scientific
methods and knowledge in the sentencing and treatment of
offenders;
(h) to integrate responsibility for the administration of
the correctional system in a State Department of Correction [or
other single department or agency].
(3) The provisions of the Code shall be construed according
tot he fair import of their terms but when the language is
susceptible of differing constructions it shall be interpreted to
further the general purposes stated in this Section and the
special purposes of the particular provision involved. The
discretionary powers conferred by the Code shall be exercised in
accordance with the criteria stated in the Code and, insofar as
such criteria are not decisive, to further the general purposes
stated in this Section.
1.03. Territorial Applicability
(1) Except as otherwise provided in this Section, a person
may be convicted under the law of this State of an offense
committed by his own conduct or the conduct of another for which
he is legally accountable if:
(a) either the conduct which is an element of the offense or
the result which is such an element occurs within this State; or
(b) conduct occurring outside the State is sufficient under
the law of this State to constitute an attempt to commit an
offense within the State; or
(c) conduct occurring outside the State is sufficient under
the law of this State to constitute a conspiracy to commit an
offense within the State and an overt act in furtherance of such
conspiracy occurs within the State; or
(d) conduct occurring within the State establishes
complicity in the commission of, or an attempt, solicitation or
conspiracy to commit, an offense in another jurisdiction which
also is an offense under the law of this State; or
(e) the offense consists of the omission to perform a legal
duty imposed by the law of this State with respect to domicile,
residence or a relationship to a person, thing or transaction in
the State; or
(f) the offense is based on a statute of this State which
expressly prohibits conduct outside the State, when the conduct
bears a reasonable relation to a legitimate interest of this
State and the actor knows or should know that his conduct is
likely to affect that interest.
(2) Subsection (1) (a) does not apply when either causing a
specified result or a purpose to cause or danger of causing such
a result is an element of an offense and the result occurs or is
designed or likely to occur only in another jurisdiction where
the conduct charged would not constitute an offense, unless a
legislative purpose plainly appears to declare the conduct
criminal regardless of the place of the result.
(3) Subsection (1)(a) does not apply when causing a
particular result is an element of an offense and the result is
caused by conduct occurring outside the State which would not
constitute an offense if the result had occurred there, unless
the actor purposely or knowingly caused the result within the
State.
(4) When the offense is homicide, either the death of the
victim or the bodily impact causing death constitutes a "result,"
within the meaning of Subsection (1) (a) and if the body of a
homicide victim is found within the State, it is presumed that
such result occurred within the State.
(5) This State includes the land and water and the air space
above such land and water with respect to which the State has
legislative jurisdiction.
1.04. Classes of Crimes; Violations
(1) An offense defined by this Code or by any other statute
of this State, for which a sentence of [death or of] imprisonment
is authorized, constitutes a crime. Crimes are classified as
felonies, misdemeanors or petty misdemeanors.
(2) A crime is a felony if it is so designated in this Code
or if persons convicted thereof may be sentenced [to death or] to
imprisonment for a term which, apart from an extended term, is in
excess of one year.
(3) A crime is a misdemeanor if it is so designated in this
Code or in a statute other than this Code enacted subsequent
thereto.
(4) A crime is a petty misdemeanor if it is so designated in
this Code or in a statute other than this Code enacted subsequent
thereto or if it is defined by a statute other than this Code
which now provides that persons convicted thereof may be
sentenced to imprisonment for a term of which the maximum is less
than one year.
(5) An offense defined by this Code or by any other statute
of this State constitutes a violation if it is so designated in
this Code or in the law defining the offense or if no other
sentence than a fine, or fine and forfeiture or other civil
penalty is authorized upon conviction or if it is defined by a
statute other tha