Podcast
Questions and Answers
What constitutes false advertising according to the laws outlined?
What constitutes false advertising according to the laws outlined?
False labeling of Hawaii-grown coffee is classified as a misdemeanor.
False labeling of Hawaii-grown coffee is classified as a misdemeanor.
False
What action constitutes trademark counterfeiting?
What action constitutes trademark counterfeiting?
Knowingly manufacturing, producing, or selling items bearing a counterfeit trademark.
Engaging in a business that knowingly uses a false weight or measure is considered a ________.
Engaging in a business that knowingly uses a false weight or measure is considered a ________.
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Match the type of fraud with its corresponding description:
Match the type of fraud with its corresponding description:
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What class felony is charged for negligent homicide that causes death in a negligent manner?
What class felony is charged for negligent homicide that causes death in a negligent manner?
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Negligent injury 1st is classified as a misdemeanor.
Negligent injury 1st is classified as a misdemeanor.
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What defines simple negligence in the context of negligent homicide?
What defines simple negligence in the context of negligent homicide?
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Assault 1st causes __________ bodily injury.
Assault 1st causes __________ bodily injury.
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Match the following types of assault with their corresponding classifications:
Match the following types of assault with their corresponding classifications:
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Which of the following is a condition that can elevate assault against an emergency worker to a Class B Felony?
Which of the following is a condition that can elevate assault against an emergency worker to a Class B Felony?
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Causing bodily injury with a dangerous instrument is classified under assault 3rd.
Causing bodily injury with a dangerous instrument is classified under assault 3rd.
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What is the consequence for causing substantial bodily injury in a negligent manner to a vulnerable user?
What is the consequence for causing substantial bodily injury in a negligent manner to a vulnerable user?
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Which of the following is classified as a Class A Felony related to identity theft?
Which of the following is classified as a Class A Felony related to identity theft?
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A person can be charged with robbery in the 2nd degree if they threaten force to escape with property.
A person can be charged with robbery in the 2nd degree if they threaten force to escape with property.
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What is the classification of Forgery 1st?
What is the classification of Forgery 1st?
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The offense of committing theft from a person whose info was taken falls under ________.
The offense of committing theft from a person whose info was taken falls under ________.
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What constitutes Robbery 1st?
What constitutes Robbery 1st?
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Match the following degrees of robbery with their classifications:
Match the following degrees of robbery with their classifications:
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Identity Theft 2nd is a Class C Felony.
Identity Theft 2nd is a Class C Felony.
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What is a Class C felony related to unlawfully controlling a vehicle?
What is a Class C felony related to unlawfully controlling a vehicle?
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Failure to Return a Rental is a Class C felony.
Failure to Return a Rental is a Class C felony.
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Possessing confidential information of another without authorization is classified as ________.
Possessing confidential information of another without authorization is classified as ________.
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What is the consequence for unlawfully entering a motor vehicle with the intent to commit a crime?
What is the consequence for unlawfully entering a motor vehicle with the intent to commit a crime?
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A person who does not return leased property within ______ days after the return date stated in the contract may face a petty misdemeanor.
A person who does not return leased property within ______ days after the return date stated in the contract may face a petty misdemeanor.
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Which of the following constitutes unlawful possession?
Which of the following constitutes unlawful possession?
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Match the crime with its consequence:
Match the crime with its consequence:
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Theft of utility services under $750 is classified as a felony.
Theft of utility services under $750 is classified as a felony.
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Knowingly concealing true ownership of property can be classified as ______.
Knowingly concealing true ownership of property can be classified as ______.
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What constitutes Reckless Endangering 1st (Class C Felony)?
What constitutes Reckless Endangering 1st (Class C Felony)?
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Criminally negligent storage of a firearm is classified as a Class B felony.
Criminally negligent storage of a firearm is classified as a Class B felony.
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What is the possible reduction of Kidnapping charges if the defendant voluntarily releases the victim?
What is the possible reduction of Kidnapping charges if the defendant voluntarily releases the victim?
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The act of threatening a public servant during the performance of their duties is categorized under _____ felony for Terroristic Threatening.
The act of threatening a public servant during the performance of their duties is categorized under _____ felony for Terroristic Threatening.
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Match the type of endangering or threatening with its classification:
Match the type of endangering or threatening with its classification:
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Which of the following actions may lead to Reckless Endangering 2nd (Misdemeanor)?
Which of the following actions may lead to Reckless Endangering 2nd (Misdemeanor)?
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Kidnapping can occur without any intent to harm the victim.
Kidnapping can occur without any intent to harm the victim.
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What is a potential consequence of making a terroristic threat with a dangerous instrument?
What is a potential consequence of making a terroristic threat with a dangerous instrument?
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What is the legal classification of knowingly entering or remaining unlawfully in a facility utilized as a sex abuse, child abuse, or spouse abuse shelter after reasonable warning?
What is the legal classification of knowingly entering or remaining unlawfully in a facility utilized as a sex abuse, child abuse, or spouse abuse shelter after reasonable warning?
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Criminal Property Damage 1st can only be charged when damage caused exceeds $1,500.
Criminal Property Damage 1st can only be charged when damage caused exceeds $1,500.
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What class of felony is Criminal Property Damage 2nd?
What class of felony is Criminal Property Damage 2nd?
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Criminal Property Damage 3rd is classified as a __________.
Criminal Property Damage 3rd is classified as a __________.
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Match the following Criminal Property Damage classifications with their definitions:
Match the following Criminal Property Damage classifications with their definitions:
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What is the maximum financial amount for damages to agricultural or aquacultural equipment to charge Criminal Property Damage 2nd?
What is the maximum financial amount for damages to agricultural or aquacultural equipment to charge Criminal Property Damage 2nd?
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Aggravated Criminal Property Damage can occur with just one previous conviction for CPD 3rd or 4th.
Aggravated Criminal Property Damage can occur with just one previous conviction for CPD 3rd or 4th.
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What does the term 'widely dangerous means' refer to in criminal damage statutes?
What does the term 'widely dangerous means' refer to in criminal damage statutes?
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Study Notes
HRS Study Guide
- HRS – 35
- Supervisory – 35
- Policy – 20
- SHOPO (Standard of Conduct)
- RPT Writing
- Interp Written
Years and Fine / Statute of Limitations
- A Felony: 20 years / Fine not exceeding $50,000 (including Murder)
- B Felony: 10 years / Fine not exceeding $25,000
- C Felony: 5 years / Fine not exceeding $10,000
- Misdemeanor: Not more than 1 year / Fine not exceeding $2,000
- Petty Misdemeanor: Not more than 30 days / Fine not exceeding $1,000
- Murder (or attempted Murder, SA 1 & SA 2): No Statute (includes conspiracy and solicitation)
- Manslaughter (not involving vehicle): 10 years
- Class A Felony: 6 years
- Any other Felony: 3 years
- Misdemeanor or Parking Violation: 2 years
- Petty Misdemeanor or Violation other than parking: 1 year
States of Mind / Elements of an Offense
- A person is not guilty of an offense unless they acted intentionally, knowingly, recklessly, or negligently, as specified by law, with respect to each element of the offense.
- If state of mind is not specified, the element is established if the person acts intentionally, knowingly, or recklessly.
- Elements of an Offense include:
- Conduct
- Attendant Circumstances
- Results of Conduct
707 – Offenses Against Person – Definitions
- Bodily Injury – physical pain, illness, or any physical impairment.
- Substantial Bodily Injury – major avulsion, laceration, penetration of skin, 2nd-degree burn, bone fracture, serious concussion, tearing, or rupture of esophagus, viscera, or other internal organs.
- Serious Bodily Injury – substantial risk of death, or serious permanent disfigurement, or protracted loss or impairment of any bodily member or organ.
- Labor – work of economic or financial value.
- Compulsion – absence of consent, or a threat placing a person in fear of public humiliation, property damage, or financial loss.
- Strong Compulsion – use of threat of injury or kidnapping, dangerous instrument, or physical force.
702-206 Definitions of States of Mind
- Intentionally – A person acts intentionally with respect to their conduct when it is their conscious object to engage in that conduct.
- Knowingly – A person acts knowingly with respect to their conduct when they are aware of the nature of their conduct.
- Recklessly – A person acts recklessly with respect to their conduct when they consciously disregard a substantial and unjustifiable risk.
- Negligently – A person acts negligently with respect to their conduct if they should be aware of a substantial and unjustifiable risk.
702-208 Substitutes for Negligence, Recklessness, and Knowledge
- When law specifies negligence to establish an element of an offense, that element is also established if a person acts intentionally, knowingly, or recklessly.
- When law specifies recklessness to establish an element of an offense, the element is established if a person acts intentionally or knowingly.
- When law specifies acting knowingly to establish an element of an offense, then the element is also established if a person acts intentionally.
Murder 1st/Murder 2nd
- Murder 1st: intentionally or knowingly causes the death of more than one person, a sworn officer, judge, or prosecutor while performing official duties, a person by a hired killer, a person while the defendant was imprisoned, a person with a protective order or a warning against the defendant or to use the person as a shield or hostage
- Murder 2nd: intentionally or knowingly causes the death of another person, except as provided in the Murder 1st section.
- M1 & M2 reduce to manslaughter if the defendant was under the influence of extreme mental or emotional disturbance
Manslaughter / Negligent Homicide
- Manslaughter (Class A Felony): Recklessly causes the death of another or intentionally causes another to commit suicide.
- Negligent Homicide 1st (Class B Felony): Causes a person's death due to operating a vehicle under the influence of drugs or alcohol, or involving a vulnerable user.
- Negligent Homicide 2nd (Class C Felony): Causes death due to operating a vehicle in a negligent manner, or if a vulnerable user is involved.
- Negligent Homicide 3rd (Misdemeanor): Causes death due to operating a vehicle with simple negligence.
Negligent Injury
- Negligent Injury 1st (Class C Felony): Causes serious bodily injury to another person by operating a vehicle in a negligent manner, or if the vulnerable user is involved.
- Negligent Injury 2nd (Misdemeanor): Causes substantial bodily injury to another person by operating a vehicle in a negligent manner.
Assault
- Assault 1st (Class B Felony): Intentionally or knowingly causes serious bodily injury.
- Assault 2nd (Class C Felony): Intentionally or knowingly causes substantial bodily injury, recklessly causes serious or substantial bodily injury, intentionally or knowingly causes injury to a correctional worker, etc.
- Assault 3rd (Misdemeanor): I/K/R causes bodily injury to another person or negligently causes bodily injury to another person with a dangerous instrument (mutual fight then Petty Misdemeanor).
Assault against LEO/Emergency Worker
- Assault against LEO 1st (Class C Felony): I/K causes injury to a LEO during the performance of duties, or R/N causes bodily injury with a dangerous instrument while in the performance of duties.
- Assault against LEO 2nd (Misdemeanor): Recklessly causes bodily injury to a LEO while performing duties.
- Assault against Emergency Worker (Class B Felony): I/K/R causes serious or substantial bodily injury to an Emergency Worker during a civil defense emergency period, I/K/R causes bodily injury using a dangerous instrument
Reckless Endangering / Criminally Negligent Storage of a Firearm
- Reckless Endangering 1st (Class C Felony): Employs widely dangerous means to recklessly place another in danger of death or serious bodily injury, or intentionally fires a firearm in a manner that recklessly places another in danger of death or serious bodily injury.
- Reckless Endangering 2nd (Misdemeanor): Engages in conduct that recklessly places another in danger of death or serious bodily injury, or intentionally discharges a firearm in a populated area or residential area, etc.
- Criminally Negligent Storage of a Firearm (Misdemeanor): Violates section 134-10.5 and a minor obtains a firearm without being under 16
Terroristic Threatening
- Terroristic Threatening 1st (Class C Felony): Threatens another person more than once for similar purposes, threatens in a common scheme, threats against a public servant, threats against an EMS provider, etc.
- Terroristic Threatening 2nd (Misdemeanor): Threatens another person in any manner not listed above
Kidnapping
- Kidnapping (Class A Felony): Restrains another person with intent to hold for ransom or reward, use as a shield or hostage, facilitate a felony or flight, inflict bodily injury, terrorize, interfere with governmental or political function, or unlawfully obtain the person's labor or services. Kidnapping reduced to B felony if defendant releases the victim alive and not suffering from serious/substantial injury before trial.
Unlawful Imprisonment
- Unlawful Imprisonment 1st (Class C Felony): Knowingly restrains another person under circumstances exposing them to the risk of serious bodily injury.
- Unlawful Imprisonment 2nd (Misdemeanor): Knowingly restrains another person; affirmative defenses are if the person restrained is under 18, the defendant is a relative of the victim, and the sole purpose was to assume custody, or if restrained for investigative purposes (shoplifting investigation).
Custodial Interference
- Custodial Interference 1st (Class C Felony): Violates a court order by taking, enticing, concealing, or detaining a minor from custody, or removes the minor from the state.
- Custodial Interference 2nd (Class C Felony): Knowingly takes, entices, conceals, or detains a minor knowing they have no right to do so, or takes a minor from the lawful custody of an incompetent person.
Sexual Assault
- Sexual Assault 1st (Class A Felony): Subjects another person to sexual penetration by strong compulsion or engages in sexual penetration with a person under 14 years old. Additional conditions apply if the minor is 14 or 15.
- Sexual Assault 2nd (Class B Felony): Subjects another person to sexual penetration by compulsion or subjects mentally/physically helpless person to penetration.
- Sexual Assault 3rd (Class C Felony): Recklessly subjects another person to sexual penetration.
- Sexual Assault 4th (Misdemeanor): Subjects another to sexual contact by compulsion, exposes a person's genitals, or trespasses to subject a person to surveillance for sexual gratification.
Continuous Sexual Assault of a Minor under 14 years / Indecent Exposure
- Continuous Sexual Assault of a Minor under 14 years (Class A Felony): Either resides in the same home with or has recurring access to a minor under 14, and engages in 3 or more acts of sexual penetration or sexual contact with the minor while the minor is under 14.
- Indecent Exposure (Petty Misdemeanor): Intentionally exposes one's genitals without being married to the recipient in a manner likely to cause affront or alarm to the recipient.
- Incest (Class C Felony): Sexual penetration with another person within the degrees of consanguinity or affinity within which marriage is prohibited (e.g., 1st cousin).
Promoting Child Abuse
- Promoting Child Abuse 1st (Class A Felony): Produces or participates in preparing child pornography.
- Promoting Child Abuse 2nd (Class B Felony): Disseminates child pornography (30 or more images, containing one or more of the following: a minor under age 12, sadomasochistic abuse, bestiality.)
- Promoting Child Abuse 3rd (Class C Felony): Possesses child pornography.
Child Pornography
- Promoting pornography for minors (Class C Felony): a person disseminates, exhibits, sells admission tickets, or admits a minor to premises featuring pornographic material for minors.
- Promoting minor-produced sexual images (Misdemeanor): A person of age 18 or older, intentionally or knowingly compels, requests, or encourages a minor to transmit a nude photograph or video to any person.
Child Porn Continued
- Promoting minor-produced sexual images (Misdemeanor): A minor knowingly transmits a nude photograph or video of a self or minor, or knowingly requests or encourages another minor to transmit a nude photograph or video.
- A person knowingly possesses a minor-produced sexual image transmitted or distributed in a violation of the prior subsection; it is an affirmative defense for the person to have taken reasonable steps to destroy the image.
Electronic Enticement of a Child
- Electronic Enticement of a Child 1st (Class B Felony): I/K communicates with a minor under 18 who is known to be under 18 or perceived as under 18 with intent to commit a felony (murder, Class A felony).
- Electronic Enticement of a Child 2nd (Class C Felony): Same as above (Class B felony), but with the intent to commit another type of felony.
- Indecent Electronic Display (Misdemeanor): Intentionally masturbates or exposes genitals over computer in a lewd manner to a minor under 18.
Extortion
- Extortion 1st (Class B Felony): Commits extortion of property, labor, or services that exceeds $200 in any 12-month period.
- Extortion 2nd (Class C Felony): Extortion of property, labor, or service exceeding $50 in any 12-month period.
- Extortion 3rd (Misdemeanor): Extortion of property, labor, or services not exceeding $50. A dangerous weapon makes any degree of extortion a Class A Felony.
Labor Trafficking
- Labor Trafficking 1st (Class A Felony): Provides or obtains another person for labor or services by various means, including extortion, kidnapping, unlawful imprisonment, or sex assault.
- Labor Trafficking 2nd (Class B Felony): Any individual or business that knowingly aids another person in committing LT 1st, financially benefiting from it (knowing that another individual has engaged in any act of LT).
Nonpayment of Wages / Unlawful Conduct With Respect to Documents
- Nonpayment of Wages (varies): Nonpayment of wages in the employee's capacity as employer, with intent to defraud, failing or refusing to pay employee wages. C Felony if greater than $2,000 owed; Misdemeanor if less than $2,000 owed.
- Unlawful Conduct with Respect to Documents (Class C Felony): Knowingly destroying, concealing, removing, or possessing government identifying documents.
Habitual Property Crime
- Habitual Property Crime (Class C Felony): Anyone within 10 years of the instant offense who has convictions for 3 or more felonies or 3 or more misdemeanors, etc within the jurisdiction , must have occurred on separate dates, and be separate incidents.
Burglary
- Burglary 1st (Class B Felony): Intentionally entering or remaining in a building with intent to commit a crime, while armed with a dangerous instrument and intentionally inflicting injury, irrespective of dwelling status.
- Burglary 2nd (Class C Felony): Intentionally entering or remaining in a structure with intent to commit a crime in violation of a property right. Burglary of a dwelling or a building during a civil defense emergency : A is 1st degree and B is 2nd degree.
- Possessing Burglar's Tools (Misdemeanor): Knowingly possessing an article for committing forcible entry.
Unauthorized Entry into a Dwelling
- Unauthorized Entry 1st (Class B Felony): Unlawfully enters a dwelling with another person lawfully present. Person must be 62 years or older, have an intellectual developmental disability.
- Unauthorized Entry 2nd (Class C Felony): Unlawfully enters a dwelling with another person lawfully present inside the dwelling.
Criminal Trespass
- Criminal Trespass 1st (Misdemeanor): Knowingly enters a dwelling or other premises without permission, fenced or closed premises with a firearm, on school property after reasonable warning to leave.
- Criminal Trespass 2nd (Misdemeanor): Knowingly enters or remains unlawfully in or upon a commercial premises, agricultural lands, or public housing project, after reasonable warning to leave by owner or authorized officer.
Criminal Trespass Continued
- Criminal Trespass onto public park (Petty Misdemeanor): remains unlawfully in or upon public park/recreation ground after a request to leave by law enforcement (LEO) in base on a violation of posted signs.
- Simple Trespass (Violation): Knowingly enters or remains unlawfully in or upon any premises.
- Entry Upon Sex, Child, or Spouse Abuse Shelter (Misdemeanor) Knowingly enters or remains on the premises of a facility utilized as a sex abuse, child abuse, or spouse abuse shelter after reasonable warning or request to leave by staff.
Criminal Property Damage
- Criminal Property Damage 1st (Class B Felony): Damages property and poses a danger to a person, with damages over $20,000, damage without consent of agricultural/aquacultural equipment or livestock exceeding $1,500.
- Criminal Property Damage 2nd (Class C Felony): Damages property through widely dangerous means and without consent, damages exceeding $1,500, any agricultural/aquacultural property or livestock exceeding $500.
- Criminal Property Damage 3rd (Misdemeanor): Recklessly damages property using a dangerous method. Damage exceeding $500, agricultural/aquacultural/livestock exceeding $100.
- Criminal Property Damage 4th (Petty Misdemeanor): I/K damages property without consent.
- Aggravated Criminal Property Damage (Misdemeanor): Damage to another's property and a convicted record of 2 or more previous instances of CPD 3rd or 4th. Failure to control widely dangerous means (Misdemeanor): Person who has a duty to control widely dangerous means, fails to ensure to prevent danger.
Criminal Tampering
- Criminal Tampering 1st (Misdemeanor): Intentionally causing a substantial interruption or impairment of service by a utility company/institutional care provider, without consent.
- Criminal Tampering 2nd (Petty Misdemeanor): Intentionally tampers with another's property without consent to cause substantial inconvenience.
Misc.
- Criminal use of a noxious substance (Petty Misdemeanor): knowingly deposits a noxious substance in or on another's vehicle, i.e., stinking bomb.
- Criminal Littering (Petty Misdemeanor): Knowingly placing litter on public property, excluding locations designated (e.g., for trash receptacle).
Theft
- Theft 1st (Class B Felony): Obtaining or exerting unauthorized control over another's property exceeding $20,000.00
- Theft 2nd (Class C Felony): Obtaining or exerting unauthorized control over another's property, exceeds $750.00 Theft 3rd (Misdemeanor): Obtaining or exerting unauthorized control over another's property and does not exceeding $250.00.
- Theft 4th (Petty Misdemeanor): Obtaining or exerting unauthorized control over another's property does not exceeding $250.00. Theft of property or services, exceeding $300 in any 6-month period. Fraudulent encoding of a credit card, altering/changing a credit card number on the magnetic strip, knowingly using an altered/changed credit card, and/or selling any such altered credit cards
- Using false statements to get a new credit card or identity. Criminal possession of a forgery device
- Unauthorized operation of recording device in a motion picture theatre
Theft Continued
- Theft of Copper (Class C Felony): Stealing more than a pound of copper.
- Theft of a beer keg (Misdemeanor): Stealing more than 5 gallons of beer from a brewery.
- Theft of livestock (Class C Felony): Possessing livestock acquired while unlawfully on another's property.
- Telemarketing fraud (Class B Felony): Using telemarketing to defraud another.
- Theft of Urns (Class C Felony): Stealing an urn.
UCPV / UEMV
- UCPV (Class C Felony): Exerts control over another's vehicle by operating it without consent, or by changing its identity (e.g. license plate).
- UEMV (Class C Felony) I/K unlawfully enters a vehicle without permission with the intent to commit a crime, e.g., vandalism or theft.
- UEMV 2nd (Misdemeanor): Unlawfully enters a vehicle without permission (e.g., simply sitting inside the vehicle).
Failure to Return / UPCPI
- Failure to Return a Rental (Misdemeanor): Willfully fails to return a rental car within 48 hours of time stated in rental agreement.
- Failure to Return Rented Personal Property (Petty Misdemeanor): Willfully fails return personal property within 14 days of return date.
- UPCPI (Class C Felony): Possesses another's confidential information (no authorization, including but not limited to: mail, physical documents, ID cards or info stored digitally).
- Removal of ID marks (Misdemeanor): defacing/erasing/altering a serial number of a piece of property
- Unlawful Possession (Misdemeanor): Possessing a property with altered serial numbers.
- Theft of Utility Services (varies): Obtaining utility services without paying the full charge, exceeding $750 = felony, under $750 = misdemeanor
Identity Theft
- Identity Theft 1st (Class A Felony): Facilitate activities against someone like Murder, Kidnapping, Unlawful Imprisonment, or Extortion, and commit Theft 1st.
- Identity Theft 2nd (Class B Felony): Committing Theft 2nd
- Identity Theft 3rd (Class C Felony): Committing Theft 3rd or 4th
- UPCPI (Class C Felony): Knowingly possesses another's confidential personal information without authorization.
Robbery
- Robbery 1st (Class A Felony): Takes another person's property by employing force, threat of physical force, or use of a dangerous instrument and intentionally injuring the person. In the course of theft or non-consensual taking of vehicle, attempts to kill another or seriously injures another. During emergency, uses force or threat during a Civil Service Emergency,.
- Robbery 2nd (Class B Felony): Taking another's property by force or threat, or by recklessly inflicting serious injury on another.
Intent to Defraud Forgery
- Forgery 1st (Class B Felony): Forgers or utters stamps, securities, or other instruments issued by the government, or for corporate/organizational instruments (money, stock, bonds).
- Forgery 2nd (Class C Felony): A deed, will, codicil, contract, assignment, commercial instrument, which demonstrates or alters a legal right (checks).
- Forgery 3rd (Misdemeanor): Falsely makes a written instrument (completed, endorses, or alters).
- Criminal Possession of a Forgery Device (Class C Felony): Makes or possesses plates, dies, or devices for forging instruments.
- Criminal Simulation (Misdemeanor): Intentional alteration of an object to appear as something else of value (e.g., antiquity/rarity).
- Obtaining a Signature by Deception (Misdemeanor)
- Negotiating a Worthless Instrument (Misdemeanor)
- Suppressing a Testamentary Instrument (Class C Felony): Destroying, concealing, or removing a will or deed.
Business and Commercial Frauds
- Deceptive Business Practices (Misdemeanor): Knowingly or recklessly engage in business with false weights/measures or commodity mislabeling.
- False advertising (Misdemeanor): Intentionally or recklessly makes false/misleading statements in advertisments about property.
- False labeling of Hawaii-grown coffee (Class C Felony): Transporting, advertising, selling or possessing falsely labeled coffee that is falsely labeled as to its geographic origin.
- Falsifying business records (Misdemeanor).
- Trademark Counterfeiting (Class C Felony): Knowingly creating/manufacturing/producing/displaying/advertising/selling items with counterfeit trademarks.
Commercial Bribery
- Commercial Bribery (Class C Felony if > $1,000, Misdemeanor if < $1,000):conferring/offering/agreeing to confer benefit upon an agent, appraiser, or agent in charge of employment with the intent to influence their selection, appraising, or criticism.
Computer Fraud
- Computer Fraud 1st (Class A Felony): Knowingly accesses a computer without authorization, commits a theft 1st
- Computer Fraud 2nd (Class B Felony): Knowingly accesses a computer without authorization, commits a theft 2nd.
- Computer Fraud 3rd (Class C Felony): Knowingly accesses a computer without authorization, commits a theft 3rd or 4th.
Computer Damage
- Computer Damage 1st (Class A Felony): Intentionally damages a computer system controlling critical infrastructure, substantially impairing operations.
- Computer Damage 2nd (Class B Felony): Knowingly transmits programs or commands to cause unauthorized damage to a computer system. Intentionally accesses a computer w/o authorization and causes damage.
- Computer Damage 3rd (Class C Felony): Knowingly accesses a computer without authorization causing damage as a result of reckless action or behavior.
Computer Use in the Commission of a Separate Crime
- Computer use to commit another crime (various degrees): Knowingly uses a computer to facilitate or commit crimes such as
- Custodial Interference 1st or 2nd
- Sex Assault 2nd, 3rd, or 4th
- Promoting Child Abuse 2nd or 3rd
- Promoting child pornography Harass & Harass by Stalking
Unauthorized Computer Access
- Unauthorized Computer Access 1st (Class A Felony): Criminal or commercial intent, obtaining info with value over $20,000
- Unauthorized Computer Access 2nd (Class B Felony): gaining unauthorized access to computer info
- Unauthorized Computer Access 3rd (Class C Felony): Gaining unauthorized access to computer info.
Fraudulent Use of Credit Card
- Fraudulent Use of Credit Card (FUCC) (varies): Using a credit card or credit card number to obtain money, goods, or services without paying the full lawful charge. Class C Felony if the total value of goods/money/services exceeds $300 over a 6-month period; Misdemeanor if the total value is less than $300.
- Fraudulent Encoding of Credit Card (Class B Felony): Intentionally alters/changes a credit card number and/or encodes it onto a magnetic strip.
- Making False Statement to Procure a Credit Card (Misdemeanor): Intentionally makes false statements in writing to obtain a credit card.
Credit Card Continued
- Possession of unauthorized CC Machine / Incomplete Cards (Class C Felony): Possessing/controlling an unauthorized credit card machine/incomplete credit card without the consent of the owner.
- Theft of Credit card (Class C Felony): taking of a credit card (issue, sale, or take).
- CC Fraud by provider of goods/service (Class C Felony): accepting a credit card for services while knowing the card is fake.
- Money Laundering (varies)
Cable TV and Telecommunication Service Offenses
- Cable TV Service Fraud 1st (Class C Felony): Knowingly distributes written instructions/plans or scramblers to make/assemble device to obtain service without payment.
- Cable TV Service Fraud 2nd (Misdemeanor): Knowingly possesses written instructions, plans, or scramblers, to obtain service without payment.
- $10k+ Money Laundering (Class B Felony) ;Less than $10k but more than $8k (Class C Felony).
Telecommunication Service Fraud
- Telecommunication service fraud 1st (Class C Felony): distribution of plans (instructions) or device used for obtaining telecommunication services without payment; using device to obtain over $300 in services during 6 months period.
- Telecommunication service fraud 2nd (Misdemeanor): Possessing plans/instructions or device used for obtaining telecommunication services without payment. Using device to obtain less than $300 in services during 6 months period.
Arson
- Arson 1st (Class A Felony): Sets fire to property with intent to put another in danger of death or bodily injury resulting in property damages over $20,000.00
- Arson 2nd (Class B Felony): Sets fire to property with reckless intent to put someone in danger resulting in property damages over $1,500.00
- Arson 3rd (Class C Felony): Sets fire to property with negligent intent/act to put someone in danger resulting in property damages over $500.00
- Arson 4th (Misdemeanor): Sets fire to property without consent.
708 Continued – Unlicensed Contractor
- Unlicensed Contracting Activity (Misdemeanor): Engaging in contracting activities without a valid license.
- Habitual Unlicensed Contracting Activity (Class C Felony): Two or more convictions within 10 years for unlicensed contracting activity.
- Unlicensed Contractor Fraud (varies): Fraudulent acts in the course of contracting activity or work.
709 – Offense Against Family and Incompetents
- Illegally Marrying (Petty Misdemeanor): Intentionally marrying or purporting to marry someone legally ineligible.
- Concealing Corpse of an Infant (Misdemeanor): Concealing the newborn, birth, or death of a newborn with intent to conceal.
- Abandonment of a Child (Misdemeanor): Abandoning a dependent minor.
- Persistent Nonsupport (Misdemeanor): Failing to provide legally required support to a spouse, child, or other dependent.
- Compensation by an Adult (varies in severity depending on the crime committed): Paying a juvenile to commit a crime.
Endangering the Welfare of a Minor
- Endangering Minor 1st (Class C felony): A person allows another to cause substantial/serious bodily injury/or allows another person to inject/ingest/inhale or introduce substance.
- Endangering Minor 2nd (Misdemeanor): Recklessly allows a minor to suffer substantial bodily injury or recklessly allows or causes substance.
- Endangering Incompetent Person (Misdemeanor): Acts, with intent, to cause physical/mental harm to a person unable to care for themselves.
Abuse
- Abuse (varies): Physical abuse/bodily injury (dating relationships): 1st offense = 48 hours in jail, 2nd offense within one year = 30 days in jail; 3rd offense within 2 years of prior offense = Class C felony.
- Strangulation (Class C felony): Physically preventing another's breathing or circulation by pressure on the throat/neck.
Abuse 709-906(6) Continued
- Petty misdemeanor for family or household members: intentionall or knowingly striking, shoving, kicking or touching another in an offensive manner..
- Petty misdemeanor (with a minor present): intentional or knowingly striking, shoving, kicking or touching another with a minor under age 14 present.
- Third or successive abuse offenses (including petty misdemeanor offenses occurring within 2 years of a second or subsequent conviction): considered as a Class C felony.
710 – Offenses against Public Administration
- Obstructing Government Operations (Misdemeanor): Intentionally obstructing/impairing a governmental function by using or threatening violence or physical interference.
- Interfering With Emergency Reporting (Petty Misdemeanor): prevents a person from contacting emergency services (e.g. 911).
- Refusal to Aid Law Enforcement Officer (Petty Misdemeanor): Intentionally refusing a lawful command of an officer to prevent the commission of a crime.
- Refusal to aid in fire control (Petty Misdemeanor): Intentionally refusing to assist in putting out a fire at a lawful command or request (of a firefighter/LEO)
- Compounding (Misdemeanor): Accepting benefit in exchange for not seeking prosecution of a crime or for refraining from reporting/ providing information related to a crime to law enforcement about an offense, suspected crime, or any information.
- Rendering a False Alarm (Misdemeanor): Intentionally causing a false alarm of fire/emergency.
- Misuse of 911 (Misdemeanor): Creating a false alarm or reporting misleading info during emergency response, disregarding the risk that a public safety agency will provide emergency services
- False Reporting to Law Enforcement (Misdemeanor): Intentionally making false reports to law enforcement.
- Impersonating a public servant (Misdemeanor): Pretending to be a public servant (other than a LEO) with intent to deceive.
- Impersonating a LEO 1st (Class C felony): Pretends to be a LEO and is armed with a firearm.
- Impersonating a LEO 2nd (Misdemeanor): Pretends to be a LEO.
710 Continued
- Tampering with a Government Record (Misdemeanor): Intentionally alters a government record or creates a fake one.
- Sale or Manufacture of Deceptive ID Documents (Class C Felony): Intentionally selling/producing false identification documents (ID card, birth certificate, passport, social security card.)
- Securing the Proceeds of an Offense (Class C felony or misdemeanor): Aiding in profiting another person from a crime. Class C if a Class A or B felony or murder ; otherwise a misdemeanor.
- Escape
- Escape 1st (Class B Felony): Intentionally escaping from custody by force, threatened force, or dangerous instrument.
- Escape 2nd (Class C Felony): Intentionally escaping from custody.
Promoting Prison Contraband
- Promoting Prison Contraband 1st (Class B Felony): Intentionally transfers contraband (dangerous instrument or drugs) to an inmate in a correctional facility.
- Promoting Prison Contraband 2nd (Class C Felony): Intentionally transfers contraband (known) to an inmate in a correctional facility.
Bail Jumping / Intimidating
- Bail Jumping 1st (Class C Felony): Failing to appear in court for a felony charge.
- Bail Jumping 2nd (Misdemeanor): Failing to appear in court for a misdemeanor charge.
- Intimidating a Correctional Worker (Class B Felony): Using force or threat to influence a correctional worker's conduct/decision.
Resisting
- Resisting Arrest (Misdemeanor): Intentionally preventing an arrest using force or a substantial risk of bodily injury.
- Perjury (Class C Felony): False statements under oath.
- Bribery (varies depending on amount): Offering a benefit in exchange for influencing a public official's decision, action, etc.
Hindering
- Hindering Prosecution 1st (Class C Felony): Intentionally assisting someone wanted for A, B, or C felony or murder by means necessary to avoid apprehension/prosecution.
- Hindering Prosecution 2nd (Misdemeanor): Intentionally assisting someone to avoid apprehension/prosecution for any criminal offense.
Bribery / Intimidating a Witness
- Bribery of/by a Witness (Class C Felony): Providing a benefit/agreeing to do so for a witness to influence testimony.
- Intimidating a Witness (Class C Felony): Using force/threatening to influence a witness to testify, to avoid a subpoena, or to avoid proceedings.
- Retaliating against a Witness (Class C felony): using force/threat to a witness or damaging property due to testimony.
Jury Tampering / Tampering with a Witness
- Tampering with a Witness (Misdemeanor): Intentionally engaging in conduct.
- Jury Tampering (Class C felony): With intent to influence a juror’s vote, opinion, decision, or other action, attempt to communicate directly/indirectly with the juror other than part of the proceedings in the trial.
Intimidating/Retaliating against a Juror
- Intimidating a Juror (Class B Felony): Using force/threat to influence a juror's vote, opinion, decision, or action..
- Retaliating against a Juror (Class C Felony): Using force or threat against a juror or another person because of a juror’s vote, opinion, decision.
- Tampering with Physical Evidence (Misdemeanor): Destroying, hiding, or altering physical evidence in a pending case.
711 – Offenses against Public Order
- Disorderly Conduct (Petty Misdemeanor): intentionally causes physical inconvenience or alarm to a member of the public/with intent, engaging in fighting/threatening/violent behaviors. Making unreasonable noises, exposing themselves to offensive body language, etc.
Failure to Disperse / Riot
- Failure to Disperse (Misdemeanor): When 6 or more people participate in disorderly conduct and are ordered to disperse/comply with any legal order.
- Riot (Class C Felony): When 5+ people engage in disorderly conduct, intended by the individual, or another person to commit a felony, or by using a firearm or other dangerous instrument.
Unlawful Assembly / Obstructing
- Unlawful Assembly (Misdemeanor): Assembling with 5 or more people with intent to riot.
- Obstructing (Petty Misdemeanor): Obstructing/refusing any legal orders from an official regarding the highway or passageway, whether alone, or with others; failing to provide at least 36 inches of space for a sidewalk.
Harassment
- Harassment (Petty Misdemeanor): Doing something to harass, annoy, or alarm another, including physical contact (e.g., striking, shoving), verbal abuse (insults, taunts, challenges), repeated/inconvenient calls or communications, anonymously, or after being asked to stop.
Harassment by Stalking/Aggravated
- Harassment by Stalking (Misdemeanor): Intentionally harassing/alarming another person in involving pursuit/surveillance/non-consensual contact more than one time.
- Aggravated Harassment by Stalking (Class C felony): Harassment by stalking, while having a prior conviction within 5 years of the current offense.
- Harassment by Impersonation (Misdemeanor): Pretends to be someone else to annoy or alarm another, and transmitting any information to another via oral, written or electronic manner.
Desecration/Abuse of a Corpse
- Desecration (Jail not more than 1 year; fine not more than $10,000): Intentionally desecrates public monuments, places of worship, or burial places..
- Abuse of a Corpse (Misdemeanor): Treating a corpse in a way that outrages ordinary family sensibilities.
Cruelty to Animals
- Cruelty to Animals 1st (Class C Felony): Tortures, mutilates, poisons, or kills a pet
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Test your knowledge on key concepts of criminal law, including false advertising, trademark counterfeiting, and classifications of assault. This quiz covers specific definitions and misdemeanor/felony classifications related to negligence and assault. Ideal for law students or anyone interested in understanding criminal law principles.
