Statutes Flashcards
21-2. Definition and Limitation on Criminal Acts.
No act or omission is criminal or punishable except as provided in this code. This code = penal code = statutes of this state.
21-3. Definition of Crime and Public offense.
Crime/Public offense = act or omission forbidden by law and to which is annexed, upon conviction, one or more of the following punishments:
death;
imprisonment;
fine;
removal from office; or
disqualification to hold and enjoy any office of honor, trust, or profit under this state.
21-4. Two types of crimes.
Crimes are divided into
Felonies,
misdemeanors.
21-5. Definition of felony.
Felony = a crime punishable with death or imprisonment in the pen.
21-6. Definition of misdemeanor.
Every other crime is a misdemeanor.
21-7. Purpose of title.
This title specifies classes of persons capable of crimes and liable for punishments. It defines nature of crimes and prescribes kind and mesure of punishment. Manner of prosecuting/convicting is regged by crim pro.
21-8. Punishments inflicted upon convicted.
Punishments only after legal conviction in a court having jurisdiction.
21-9. Punishment for felonies.
Except as otherwise, every felony is punishable by a fine not to exceed $1000, or by imprisonment in pen not exceeding 2 years or both fine and imprisonment.
21-10. Punishment of misdemeanors - generally.
Except as otherwise, every misdemeanor is punishable by imprisonment in county jail not to exceed one year or by fine not to exceed $500 or both fine and imprisonment.
21-11. Specific statutes in other chapters as governing - Acts punishable in different ways.
If other provision making a specific act/omission criminal and providing punishment, and there in this title providing for offense and punishment, the specific (special) provisions govern and not this title. But an act/omission is made punishable in different ways by different provisions in this title may be punished under any such provisions, except in section 434 or 54 of the act/title, the punishments prescribed are substituted for those for a first offense, but in no case can a act/omission be punished more than one section of law, and an acquittal or conviction and sentence under one section bars the prosecution for the same /omission under any other section.
However, n/w/s any contrary provision, any offense not punishable by a term of imprisonment shall be punishable by not more than one day with discretion of the court, in addition to any fine by law.
21-12.1. Minimum sentences - Effective date.
Person committing a felony in section 30 after 2000, and convicted shall serve not less than 85% of the sentence at DOC. Such person not eligible for parole prior to serving 85% and not eligible for earned credits or any other type of credits which reduce sentence to less than 85%.
21-13.1. Required service of minimum percentage of sentence - offenses specified.
Persons convicted of:
FDM, sec. 701.7. SDM, 701.8. Manslaughter, 711. Poisoning w/ intent to kill, 651. Shooting w/ intent to kill, use of vehicle for use of firearm, crossbow or other weapon, assault, battery, AB w/ deadly weapon or other means, 652. Assault w/ intent to kill, 653. Conjoint robbery, 800. Robbery w/ dangerous weapon, 801. FDR, 797. FDRape, 1111/1114/1115. FDA, 1401. FDB, 1436. Bombing, 1767.1. Any crime against child, 843.5. Forcible sodomy, 888. Child porn or agg child porn, 1021.2, etc. Child prostitution, 1030. Lewd molestation, 1123. Abuse of vulnerable adult, 10-103 who is resident of nursing home. Agg. trafficking, 2-415. of T63. Agg. AB upon a person defending another, or Human trafficking, 748.
Shall be required to serve not less than 85% of sentence prior to eligibility of parole. Not eligible for earned credits or other type which reduce sentence less than 85%.
21-19. Uniform reporting standard.
For purpose of crimes, all criminal and juvenile justice info systems shall adopt and use uniform reporting standard by OSBI as in 1517 of T22. Shall insure reporting of all crim and juvenile delinquency info for histories. Every court, agency is directed to comply with and use uniform reporting standard for info systems of this state.
21-21. Prohibited act a misdemeanor unless otherwise stated.
Where act prohibited, and no penalty is imposed, act is a misdemeanor.
21-22. Acts resulting in gross injury - Misdemeanor.
Person who willfully and wrongfully commits any act which grossly injuries another or property, or which grossly disturbs the peace or health, or which openly outrages decency, and is injurious to public morals, although no punishment, guilty of a misdemeanor.
