CLASSIFICATION OF CRIMINAL OFFENSES

Transcription

1 CLASSIFICATION OF CRIMINAL OFFENSES NON-SEX CRIMES AGAINST PERSONS Class A Felonies Kidnapping -- first degree -- suffers serious injury; intentionally subjected to torture -- (can be sex crime) [710.2] Murder -- first degree [707.2] Class B Felonies Arson -- first degree [712.2] Attempt to commit murder [707.11] Kidnapping -- second degree [710.3] Murder of a fetus aborted alive [707.9] Murder -- second degree [707.3] Nonconsensual termination of pregnancy during commission of a forcible felony [707.8(1)] Robbery -- first degree [711.2] Arson -- second degree [712.3] Assault during a felony -- serious injury [708.3] Assisting suicide [707A.2] Child stealing [710.5] Contributing to delinquency of minor [709A.6] Feticide -- termination without license [707.7] Feticide -- intentional termination -- death results [707.7] Homicide by vehicle [707.6A(1)] Kidnapping -- third degree [710.4] Nonconsensual termination -- termination without consent during felony or felonious assault [707.8(2)] Nonconsensual termination -- intentional [707.8(3)] Nonconsensual termination -- unintentional termination by means provided in 707.6A(1) [707.8(4)] Nonconsensual termination -- consent by force or intimidation [707.8(5)] Purchase or Sale of Individual [710.11] Robbery -- second degree [711.3] Stalking -- third or subsequent offense [708.11(2)] Terrorism -- with intent [708.6] Voluntary manslaughter [707.4] Willful injury [708.4] Administering harmful substances [708.5] Arson -- false reports [712.7] Arson -- threatens/attempts [712.8] Assault during a felony -- no serious injury [708.3] Assault in violation of individual rights -- intent to inflict serious injury [708.2C(2)] Assault in violation of individual rights -- use/display of dangerous weapon [708.2C(4)] Assault on peace officers, firefighters, emergency care providers -- intent to inflict serious injury/display of dangerous weapon [708.3A(1), (2)] Domestic abuse assault -- third or subsequent offense [708.2A(4)] Enticing away a child [710.10(1)] RC-0042 (4/99) 1

2 Extortion [711.4] Feticide -- attempted [707.7] Going armed with intent [708.8] Homicide by Vehicle -- unintentional while drag-racing [707.6A(2)] Involuntary manslaughter in public offense [707.5(1)] Nonconsensual termination -- unintentional while drag racing [707.8(6)] Stalking -- in violation of court order, while possessing dangerous weapon, target less than 18 years, second offense [708.11(3)(b)(1-4)] Terrorism [708.6] Violating custodial order [710.6] Arson -- third degree [712.4] Assaulting peace officer, firefighter, emergency care provider -- causing bodily injury/disabling mental illness [708.3A(3)] Assault in violation of individual rights -- causing bodily injury/mental illness [708.2C(3)] Assault with intent [708.2(1)] Assault using/displaying dangerous weapon [708.2(3)] Attempt to entice away a child [710.10(2)] Domestic abuse assault -- first offense -- with intent to inflict serious injury/dangerous weapon [708.2A(2)(c)] Domestic abuse assault -- second offense [708.2A(3)(b)] Enticing away a child -- attempted [710.10(2)] Harassment -- first degree [708.7(2)] Harboring a runaway child [710.8] Involuntary manslaughter [707.5(2)] Nonconsensual termination [707.8(7)] Nonconsensual termination [707.8(8)] Nonconsensual termination [707.8(9)] Serious injury by vehicle [707.6A(3)] Spring guns and traps [708.9] Stalking -- first offense [708.11(3)(c)] Serious Misdemeanors Assault in violation of individual rights [708.2C(5)] Assault without intent but causing bodily injury [708.2(2)] Assaulting peace officer, firefighter, emergency care provider [708.3A(4)] Domestic abuse assault -- second/subsequent offense [708.2A(3)(a)] Domestic abuse assault -- first offense -- causing bodily injury or mental illness [708.2A(2)(b)] Duty to preserve life of the fetus [707.10] False imprisonment [710.7] Harassment -- second degree [708.7(3)] Nonconsensual termination [707.8(10)] Reckless use of fire or explosives [712.5] Violating custodial order -- concealing child, in violation of visitation order [710.6] Simple Misdemeanors Domestic abuse assault -- first offense [708.A(2)(a)] Harassment -- third degree [708.7(4)] RC-0042 (4/99) 2

3 SEX CRIMES AGAINST PERSONS Class A Felonies Kidnapping -- first degree -- sexual abuse alternative [710.2] Sexual abuse -- first degree [709.2] Class B Felonies Sexual abuse -- second degree [709.3] Assault with intent to commit sexual abuse -- serious injury [709.11] Detention in a brothel [709.7] Sexual abuse -- third degree [709.4] Solicit a person to arrange a sex act with a child [709.8(3)] Assault with intent to commit sexual abuse -- bodily injury [709.11] Lascivious acts with a child [709.8] Assault with intent to commit sexual abuse -- no injury [709.11] Indecent contact [709.12] Serious Misdemeanors Indecent exposure [709.9] Lascivious conduct with a minor [709.14] Simple Misdemeanors Public exposure (local codes) [728.5] DRUG AND ALCOHOL OFFENSES Class B Felonies Delivery of Meth [ (d)] Distribute/possess with intent -- Schedule I, II -- to person under 18 [ (1)(a)] Distribute/possess with intent -- counterfeit/simulated -- Schedule I, II -- to person under 18 [ (2)(a)] Manufacture, deliver, possess with intent (or conspire) -- controlled substance, counterfeit, simulated: -- more than 1 kilogram of substance containing heroin [ (1)(a)(1)] -- more than 5 kilograms of substance containing coca leaves, cocaine, ecgonine, mixture of coca leaves, cocaine, ecgonine [ (1)(a)(2)(a-d)] -- more than 50 grams of mixture of coca leaves, cocaine, ecgonine which contains cocaine base [ (1)(a)(3)] -- more than 100 grams PCP or 1 kilogram of mixture containing PCP [ (1)(a)(4)] -- more than 10 grams of mixture containing LSD [ (1)(a)(5)] -- more than 1,000 kilograms of mixture containing marijuana [ (1)(a)(6)] grams - 1 kilogram of mixture containing heroin [ (1)(b)(1)] grams - 5 kilograms of coca leaves, cocaine, ecgonine or mixture of the three [ (1)(b)(2)(a-d)] RC-0042 (4/99) 3

4 -- 5 grams - 50 grams of mixture of coca leaves, cocaine, ecgonine with cocaine base [ (1)(b)(3)] grams grams PCP, 100 grams - 1 kilo of mixture with PCP [ (1)(b)(4)] -- Not more than 10 grams LSD [ (1)(b)(5)] kilograms kilograms marijuana [ (1)(b)(6)] Distribute/possess with intent -- Schedule III -- to person under 18 and 3 years younger than defendant [ (1)(b)] Distribute/possess with intent -- counterfeit/simulated -- Schedule III -- to person under 18 and 3 years younger than defendant [ (2)(b)] Manufacture, deliver, possess with intent (or conspire) -- controlled substance, counterfeit, simulated: grams or less of mixture containing heroin [ (1)(c)(1)] grams or less of coca leaves, cocaine, ecgonine, or mixture of the three [ (1)(c)(2)(ad)] -- 5 grams or less of mixture of coca leaves, cocaine, ecgonine with cocaine base [ (1)(c)(3)] grams or less of PCP or 100 grams or less of mixture containing PCP [ (1)(c)(4)] kilograms marijuana [ (1)(c)(5)] -- Any other controlled substance, counterfeit, simulated -- Schedule I, II, III [ (1)(c)(6)] Use of person under 18 in drug trade [ A] Violation of Chapter 155A by selling, giving, administering prescription drug to minor [155A.24] Delivery of controlled substance to another who delivers to person under Schedule I-IV [ (3)] Gatherings where controlled substances used -- other than marijuana [ ] Manufacture, deliver, possess with intent (or conspire) -- controlled substance, counterfeit, simulated kilograms or less of marijuana [ (1)(d)] Violation of 155A not a controlled substance -- third or subsequent offense [155A.24] Distribution -- Schedule IV, V -- to person under 18 and 3 years younger than defendant [ (1)(c)] Distribution -- counterfeit/simulated -- Schedule IV, V -- to person under 18 and 3 years younger than defendant [ (2)(c)] Distribution by registrant in violation of [ ] Keeping of structure/place resorted to by drug users [ (1)(c)] Manufacture/distribution by registrant of non-authorized controlled substance [ (1)(b)] Manufacture, deliver, possess with intent (or conspire) -- controlled substance, counterfeit, simulated -- other substances scheduled IV or V (not otherwise delineated in ) [ (1)(d)] Refuse entry for inspection [ (1)(d)] Violation of 155A not a controlled substance -- second offense [155A.24] RC-0042 (4/99) 4

5 Serious Misdemeanors Conspiracy to violate [ (2)] Distribute as registrant -- Schedule I, II [ (1)(a)] Failure to keep required records [ (c)] Furnish false information -- application/report [ (1)(d)] Gatherings where controlled substance used -- marijuana only [ ] Make, distribute, possess thing designed to imprint -- render drug a counterfeit [ (1)(e)] Obtain possession of controlled substance by fraud [ (1)(c)] Possession of controlled substance without prescription [ (3)] Unlawful possession of prescription drug [155A.21] Use of fictitious, revoked, suspended registration number [ (1)(b)] Violation of 155A not a controlled substance -- first offense [155A.24] Simple Misdemeanors Advertising alcoholic beverages outside premises [123.51] Consumption in public places -- intoxication [123.46(2)] Miscellaneous alcohol prohibitions [123.49, ] Open container [123.28] Sale, supply of alcoholic beverage (by person other than licensee/permittee) to person 18, 19, second or subsequent violation [123.47A(1)] Sale, supply of alcoholic beverage -- by licensee, permittee -- to person 18, 19, 20 [123.47A] CRIMES AGAINST PUBLIC HEALTH, PEACE, AND SAFETY Animal facilities offenses -- damage exceeds $50,000 [717A.1(4)(a)] Animal facilities offenses -- damage between $500 - $50,000, exercising control with intent to deprive [717A.1(4)(a), 717A.1(4)(b)] Sexual exploitation by counselor or therapist -- pattern/practice/scheme [709.15(2)] Unlawful disposal of hazardous waste -- subsequent offense [716B.2] Unlawful transportation of hazardous waste -- subsequent offense [716B.3] Animal facilities offenses -- damage between $100 - $500, enter/remain with intent [717A.1(4)(a)] Livestock abuse [717.1A] Riot [723.1] Sexual exploitation by counselor or therapist [709.15(3)] Sexual misconduct with offenders [709.16] Unlawful disposal of hazardous waste -- first offense [716B.2] Unlawful transportation of hazardous waste [716B.3] RC-0042 (4/99) 5

6 Serious Misdemeanors Animal neglect [717B.3(3)] Electronic/mechanical eavesdropping [727.8] Exhibiting persons [727.10] Exhibitions and fights -- animals [717B.7] Hazing -- serious bodily injury [708.10(3)] Livestock neglect -- serious injury/death of livestock [717.2] Sexual exploitation by counselor or therapist [709.15(4)] Simple Misdemeanors Wildlife violations [481A, 481B, 482, 483A, 484A, or 484B] CRIMES AGAINST JUSTICE AND AUTHORITY Accepting bribe [722.2] Assisting class A felon to escape [719.6(1)] Conspiracy to commit a forcible felony [706.1] Gang recruitment [723A.3(1)] Insurrection [718.1] Permitting class A prisoner to escape [719.5(1)] Prisoner interfering with official acts -- use/attempt to use dangerous weapon, serious injury [719.1(2)] Assisting a non-class A prisoner to escape [719.6(2)] Bribery [722.1] Business tax evasion [422.58(3)] Commercial bribery [722.10] Conspiracy to commit nonforcible felony [706.1] Criminal gang participation [723A.2] Escape from custody -- felony [719.4(1)] Failure to appear -- felony charge or awaiting sentence/pending appeal of public offense [811.2(8)] Falsifying public documents [718.5] Felonious misconduct in office [721.1] Fleeing to avoid prosecution (for felony or aggravated misdemeanor) [719.4(4)] Forging, altering, or counterfeiting lottery ticket [99E.18(4)] Furnishing controlled substance to inmate [719.8] Furnishing intoxicant to inmate [719.7] Gang recruitment -- conspiracy [723A.3(2)] Injury or interference with a police service dog [717B.9(2)] Interference with official acts -- inflicts/attempts to inflict serious injury, displays dangerous weapon, armed with firearm [719.1(1)] Perjury [720.2] Permitting non-class A felon to escape [719.5(2)] Prisoner interfering with official acts -- inflicts/attempts to inflict bodily injury, displays dangerous weapon, armed with firearm [719.1(2)] Solicitation -- felony [705.1] Suborning perjury [720.3] RC-0042 (4/99) 6

7 Accessory after the fact -- of a felony [703.3] Bribery of election officials [722.6] Bribery of elector [722.4] Bribery in sports [722.3] Business license violation [422.58(2)(b)] Compounding a felony [720.1] Conspiracy to commit an aggravated misdemeanor [706.1] Duress to prevent or procure voting [722.8] Impersonating a public official [718.2] Interference with official acts -- bodily injury [719.1(1)] Preventing apprehension, obstructing prosecution or defense [719.3] Prisoner interfering with official acts -- with assault [719.1(2)] Protection money prohibited [725.17] Solicitation -- aggravated misdemeanor [705.1] Tampering with records [715A.5] Tampering with witness or juror [720.4] Serious Misdemeanors Business permit violations [422.58(2)(a)] Conspiracy to commit a serious misdemeanor [706.1] Escape from custody or voluntary absence -- misdemeanors [719.4(2)] Failure to appear -- non-felony charge [811.2(8)] False reports to law enforcement [718.6] Gift law violations [68B.22, 68B.25] Health-related professions - violations [147.86] Improper voting [722.5] Injury or interference with a police service dog -- no serious injury [717B.9(1)] Interference with official acts -- no injury, no weapon [719.1(1)] Malicious prosecution [720.6] Misconduct by election officials [722.7] Misuse of public records [721.10] Non-felonious misconduct in office [721.2] Operating a business without a license [147.83] Prisoner interfering with official acts [719.1(2)] [Failure to label] Publicly owned motor vehicles [721.8] Solicitation for political purposes [721.3, 721.7] State employee not to participate (in campaign work during office hours) [721.5] Using professional title without license [147.72] Using public motor vehicles for political purposes [721.4] Willful disturbance [718.3] RC-0042 (4/99) 7

8 Class B Felonies Multiple acts of child endangerment [726.6A] CRIMES AGAINST MORALITY Abandonment or neglect of dependent person [726.3] Child endangerment -- serious injury [726.6(2)] Illegal gaming or betting -- first degree [725.2(2)(d)] Illegal gaming or betting -- fourth degree -- fourth or subsequent offense [725.7(2)(a)(4)] Illegal gaming or betting -- third degree -- third or subsequent offense [725.7(2)(b)(3)] Illegal gaming or betting - second degree -- second or subsequent offense [725.7(2)(c)(2)] Pandering -- target a minor [725.3(2)] Sexual exploitation of a minor [728.12(1)] Using juvenile to commit certain offenses [709A.6] Wanton neglect of resident of health care facility -- serious injury [726.7(2)] Incest [726.2] Illegal gaming or betting -- second degree -- first offense [725.7(2)(c)(1)] Illegal gaming or betting -- third degree -- second offense [725.7(2)(b)(2)] Illegal gaming or betting -- fourth degree -- third offense [725.7(2)(a)(3)] Non-support -- child support [726.5] Non-support -- dependent adult [726.8(2)] Pandering -- target not a minor [725.3(1)] Pimping [725.2] Rental or sale of hard core pornography -- second and subsequent violations [728.4] Sexual exploitation of a minor [728.12(2)] Telephone dissemination of obscene material to minors -- second and subsequent offenses [728.15] Using juvenile to commit certain offenses [709A.6(2)] Admitting minor to premises where obscene material is exhibited -- child [728.3(2)] Child endangerment -- no serious injury [726.6(3)] Collection services prohibited [725.18] Illegal gaming or betting -- fourth degree -- second offense [725.7(2)(a)(2)] Illegal gaming or betting - third degree -- first offense [725.7(2)(b)(1)] Prostitution [725.1] Public indecent exposure in certain establishments -- permitting minor [728.5(7)] Soliciting for prostitution [725.1] Rental or sale of hard core pornography -- first offense [728.4] Telephone dissemination of obscene materials to minors -- first offense [728.15] Wanton neglect of resident of health care facility -- no serious injury [726.7(3)] RC-0042 (4/99) 8

9 Serious Misdemeanors Admitting minors to premises where obscene material is exhibited -- minor, not a child [728.3(1)] Bigamy [726.1] Bullfights and other contests [725.11] Dissemination and exhibition of obscene material to minors [728.2] Illegal gambling [99B.15] Illegal gaming or betting -- fourth degree -- first offense [725.7(2)(a)(1)] Keeping a gambling house [725.5] Leasing premises for prostitution [725.4] Lotteries [725.12] Pool selling [725.10] Possession of gambling devices [725.9(4)] Public indecent exposure in certain establishments -- permitting person, not a minor [728.5] Sexual exploitation of a minor [728.12(3)] Wanton neglect of dependent adult [726.8(1)] TRAFFIC OFFENSES Homicide by vehicle -- under the influence or reckless [707.6A(1)] Homicide by vehicle -- drag racing [707.6A(2)] Operating while intoxicated -- third offense [321J.2(2)(c)] Perjury on license or registration [ ] Driving while barred -- habitual offender [ ] Eluding while participating in public offense [ ] Failure to stop at scene of an accident -- death [ (3)] Operating while intoxicated -- second offense [321J.2(2)(b)] Serious injury by vehicle [707.6A(3)] Serious Misdemeanors Driving while denied or revoked [321J.21] Failure to stop at scene of an accident -- injury [ (2)] Operating while intoxicated -- first offense [321J.2(2)(a)] Operating without valid license [ (2)] RC-0042 (4/99) 9

10 Simple Misdemeanors Driving under suspension or revocation [ (1)] Failure to give information [ , ] Failure to maintain control [ , ] Failure to obey signal or traffic control device [ ] Failure to return license [321A.32(2)] Failure to use headlights [ , ] Fraudulent use of registration [321.99] Improper or illegal turn, pass or land usage [ , , ] Injuring or tampering with vehicle [321.78] Intent to injure [321.79] License violations [ , ] Motorcycle violations [ ] Open container [123.28] Operating without valid license [ (1)] Permit unauthorized driver to drive [ , ] Reckless driving [ ] Registration violations [321.17, ] Seat belt violations [ , ] Speeding or racing [ , ] Statement of false weight of cargo [ ] Strike fixtures, unattended vehicles [ , ] Wrong way [ , ] Class B Felonies Burglary -- first degree [713.3] CRIMES AGAINST PROPERTY Attempted burglary -- first degree [713.4] Burglary -- second degree [713.5] Computer damage -- first degree -- more than $10,000 [716A.4] Computer theft -- first degree -- more than $10,000 [716A.10] Criminal mischief -- first degree [716.3] Fraudulent practices -- first degree [714.9] Theft -- first degree [714.2(1)] RC-0042 (4/99) 10

11 Attempted burglary -- second degree [713.6] Burglary -- third degree [713.6A] Computer damage -- second degree -- $1,000-10,000 [716A.5] Computer theft -- second degree -- $1,000-10,000 [716A.11] Credit card fraud -- greater than $1,000 [715A.6(2)] Criminal mischief -- second degree [716.4] Forgery [715A.2(2)(a)] Fraudulent practices -- second degree [714.10] Theft -- second degree [714.2(2)] Attempted burglary -- third degree [713.6B] Computer damage -- third degree -- $500-1,000 [716A.6] Computer theft -- third degree -- $500-1,000 [716A.12] Credit card fraud -- $1,000 or less [715A.6(2)] Criminal mischief -- third degree [716.5] Forgery -- second degree [715A.2(2)(b)] Fraudulent practices -- third degree [714.11] Operating a motor vehicle without owner's consent [714.7] Possession of burglar's tools [713.7] Theft -- third degree [714.2(3)] Trespass -- with intent to commit hate crime and damage over $100 [716.8(4)] Serious Misdemeanors Computer damage -- fourth degree -- $ [716A.7] Computer theft -- fourth degree -- $ [716A.13] Criminal mischief -- fourth degree [716.6] Fraudulent practices -- fourth degree [714.12] Theft -- fourth degree [714.2(4)] Trespass -- damage in excess of $100 [716.8(2)] Trespass -- with intent to commit hate crime [716.8(3)] Unlawful advertising [714.17, ] Simple Misdemeanors Fraudulent practices -- fifth degree [714.13] Theft -- fifth degree [714.2(5)] RC-0042 (4/99) 11

12 WEAPONS OFFENSES Explosives -- without license [101A.2(3), 101A.14] Possession of explosive or incendiary devices [712.6] Reckless use of a firearm -- serious injury [724.30(1)] Trafficking stolen weapons -- second and subsequent offenses [724.16A] Carrying weapons on school grounds [724.4B] False statement on weapons permit application [724.10] False statement in acquiring weapon [724.21] Receipt, transportation, dominion and control of firearms and offensive weapons by felon [724.26] Reckless use of firearm -- bodily injury [724.30(2)] Sale, gift, loan, making shotgun or rifle available to minor -- second and subsequent offense [724.22(1)] Sale, gift, loan, making pistol or revolver/ammunition available to person under age second or subsequent offense [724.22(2)] Trafficking stolen weapons -- first offense [724.16A] Transferring pistol/revolver to prohibited person [724.16(2)] Unauthorized possession of offensive weapons [724.3] Acquiring ownership without permit/transferring to person without permit [724.16(1)] Carrying weapons [724.4(1), 724.4(2), 724.4(3)(a)] Firearm devices -- sale [724.29] Reckless use of firearm -- property damage [724.30(3)] Serious Misdemeanors Carrying weapons -- knife between 5" and 8" Fireworks -- selling, using [727.2] Sale, loan, gift, making pistol or revolver/ammunition available to person under age first offense [724.22(2)] RC-0042 (4/99) 12