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Model
Penal Code Annotated
Table
of Contents
PART I. GENERAL
PROVISIONS
ARTICLE 1.
PRELIMINARY
§ 1.01. Title and Effective Date.
§ 1.02. Purposes; Principles of Construction.
§ 1.03. Territorial Applicability.
§ 1.04. Classes of Crimes; Violations.
§ 1.05. All Offenses Defined by Statute;
Application of General Provisions of the Code.
§ 1.06. Time Limitations.
§ 1.07. Method of Prosecution When Conduct Constitutes
More Than One Offense.
§ 1.08. When Prosecution Barred by Former Prosecution
for the Same Offense.
§ 1.09. When Prosecution Barred by Former Prosecution
for Different Offense.
§ 1.10. Former Prosecution in Another
Jurisdiction: When a Bar.
§ 1.11. Former Prosecution Before Court Lacking
Jurisdiction or When Fraudulently Procured by
the Defendant.
§ 1.12. Proof Beyond a Reasonable Doubt; Affirmative
Defenses; Burden of Proving Fact When Not an Element
of an Offense; Presumptions.
§ 1.13. General Definitions.
ARTICLE 2. GENERAL
PRINCIPLES OF LIABILITY
§ 2.01. Requirement of Voluntary Act;
Omission as Basis of Liability; Possession as an
Act.
§ 2.02. General Requirements of Culpability.
§ 2.03. Causal Relationship Between Conduct and
Result; Divergence Between Result Designed or
Contemplated and Actual Result or Between Probable and
Actual Result.
§ 2.04. Ignorance or Mistake.
§ 2.05. When Culpability Requirements Are Inapplicable
to Violations and to Offenses Defined by Other
Statutes; Effect of Absolute Liability in
Reducing Grade of Offense to Violation.
§ 2.06. Liability for Conduct of Another;
Complicity.
§ 2.07. Liability of Corporations,
Unincorporated Associations and Persons Acting, or
Under a Duty to Act, in Their Behalf.
§ 2.08. Intoxication.
§ 2.09. Duress.
§ 2.10. Military Orders.
§ 2.11. Consent.
§ 2.12. De Minimis Infractions.
§ 2.13. Entrapment.
ARTICLE 3. GENERAL
PRINCIPLES OF JUSTIFICATION
§ 3.01. Justification an Affirmative
Defense; Civil Remedies Unaffected.
§ 3.02. Justification Generally: Choice of
Evils.
§ 3.03. Execution of Public Duty.
§ 3.04. Use of Force in Self-Protection.
§ 3.05. Use of Force for the Protection of Other
Persons.
§ 3.06. Use of Force for the Protection of
Property.
§ 3.07. Use of Force in Law Enforcement.
§ 3.08. Use of Force by Persons with Special
Responsibility for Care, Discipline or Safety of
Others.
§ 3.09. Mistake of Law as to Unlawfulness of
Force or Legality of Arrest; Reckless or
Negligent Use of Otherwise Justifiable Force;
Reckless or Negligent Injury or Risk of Injury to
Innocent Persons.
§ 3.10. Justification in Property Crimes.
§ 3.11. Definitions.
ARTICLE 4.
RESPONSIBILITY
§ 4.01. Mental Disease or Defect
Excluding Responsibility.
§ 4.02. Evidence of Mental Disease or Defect
Admissible When Relevant to Element of the
Offense; [Mental Disease or Defect Impairing
Capacity as Ground for Mitigation of Punishment in
Capital Cases].
§ 4.03. Mental Disease or Defect Excluding
Responsibility Is Affirmative Defense;
Requirement of Notice; Form of Verdict and
Judgment When Finding of Irresponsibility Is
Made.
§ 4.04. Mental Disease or Defect Excluding
Fitness to Proceed.
§ 4.05. Psychiatric Examination of Defendant with
Respect to Mental Disease or Defect.
§ 4.06. Determination of Fitness to Proceed;
Effect of Finding of Unfitness; Proceedings if
Fitness is Regained [; Post-Commitment Hearing].
§ 4.07. Determination of Irresponsibility on
Basis of Report; Access to Defendant by
Psychiatrist of His Own Choice; Form of Expert
Testimony When Issue of Responsibility Is Tried.
§ 4.08. Legal Effect of Acquittal on the Ground
of Mental Disease or Defect Excluding
Responsibility; Commitment; Release or
Discharge.
§ 4.09. Statements for Purposes of Examination
or Treatment Inadmissible Except on Issue of Mental
Condition.
§ 4.10. Immaturity Excluding Criminal
Convictions; Transfer of Proceedings to Juvenile
Court.
ARTICLE 5. INCHOATE
CRIMES
§ 5.01. Criminal Attempt.
§ 5.02. Criminal Solicitation.
§ 5.03. Criminal Conspiracy.
§ 5.04. Incapacity, Irresponsibility or Immunity
of Party to Solicitation or Conspiracy.
§ 5.05. Grading of Criminal Attempt, Solicitation and
Conspiracy; Mitigation in Cases of Lesser
Danger; Multiple Convictions Barred.
§ 5.06. Possessing Instruments of Crime;
Weapons.
§ 5.07. Prohibited Offensive Weapons.
ARTICLE 6.
AUTHORIZED DISPOSITION OF OFFENDERS
§ 6.01. Degrees of Felonies.
§ 6.02. Sentence in Accordance with Code;
Authorized Dispositions.
§ 6.03. Fines.
§ 6.04. Penalties Against Corporations and
Unincorporated Association; Forfeiture of
Corporate Charter or Revocation of Certificate
Authorizing Foreign Corporation to Do Business in the
State.
§ 6.05. Young Adult Offenders.
§ 6.06. Sentence of Imprisonment for
Felony; Ordinary Terms.
§ 6.07. Sentence of Imprisonment for
Felony; Extended Terms.
§ 6.08. Sentence of Imprisonment for Misdemeanors and
Petty Misdemeanors; Ordinary Terms.
§ 6.09. Sentence of Imprisonment for Misdemeanors and
Petty Misdemeanors; Extended Terms.
§ 6.10. First Release of All Offenders on
Parole; Sentence of Imprisonment Includes
Separate Parole Term; Length of Parole
Term; Length of Recommitment and Reparole After
Revocation of Parole; Final Unconditional
Release.
§ 6.11. Place of Imprisonment.
§ 6.12. Reduction of Conviction by Court to
Lesser Degree of Felony or to Misdemeanor.
§ 6.13. Civil Commitment in Lieu of Prosecution
or of Sentence.
ARTICLE 7.
AUTHORITY OF COURT IN SENTENCING
§ 7.01. Criteria for Withholding
Sentence of Imprisonment and for Placing Defendant on
Probation.
§ 7.02. Criteria for Imposing Fines.
§ 7.03. Criteria for Sentence of Extended Term
of Imprisonment; Felonies.
§ 7.04. Criteria for Sentence of Extended Term
of Imprisonment; Misdemeanors and Petty
Misdemeanors.
§ 7.05. Former Conviction in Another
Jurisdiction; Definition and Proof of
Conviction; Sentence Taking Into Account
Admitted Crimes Bars Subsequent Conviction for Such
Crimes.
§ 7.06. Multiple Sentences; Concurrent and
Consecutive Terms.
§ 7.07. Procedure on Sentence;
Pre-sentence Investigation and Report; Remand
for Psychiatric Examination; Transmission of
Records to Department of Correction.
§ 7.08. Commitment for Observation;
Sentence of Imprisonment for Felony Deemed Tentative
for Period of One Year; Re-sentence on Petition
of Commissioner of Correction.
§ 7.09. Credit for Time of Detention Prior to
Sentence; Credit for Imprisonment Under Earlier
Sentence for the Same Crime.
PART II. DEFINITION OF
SPECIFIC CRIMES
OFFENSES AGAINST EXISTENCE OR STABILITY OF THE
STATE
ARTICLE 200. OFFENSES
AGAINST EXISTENCE OR STABILITY OF THE STATE
OFFENSES INVOLVING DANGER TO THE PERSON
ARTICLE 210.
CRIMINAL HOMICIDE
§ 210.0. Definitions.
§ 210.1. Criminal Homicide.
§ 210.2. Murder.
§ 210.3. Manslaughter.
§ 210.4. Negligent Homicide.
§ 210.5. Causing or Aiding Suicide.
[§ 210.6. Sentence of Death for Murder; Further
Proceedings to Determine Sentence].
ARTICLE 211.
ASSAULT; RECKLESS ENDANGERING; THREATS
§ 211.0. Definitions.
§ 211.1. Assault.
§ 211.2. Recklessly Endangering Another Person.
§ 211.3. Terroristic Threats.
ARTICLE 212.
KIDNAPPING AND RELATED OFFENSES; COERCION
§ 212.0.
Definitions.
§ 212.1. Kidnapping.
§ 212.2. Felonious Restraint.
§ 212.3. False Imprisonment.
§ 212.4. Interference with Custody.
§ 212.5. Criminal Coercion.
ARTICLE 213. SEXUAL
OFFENSES
§ 213.0. Definitions.
§ 213.1. Rape and Related Offenses.
§ 213.2. Deviate Sexual Intercourse by Force or
Imposition.
§ 213.3. Corruption of Minors and Seduction.
§ 213.4. Sexual Assault.
§ 213.5. Indecent Exposure.
§ 213.6. Provisions Generally Applicable to Article
213.
OFFENSES AGAINST PROPERTY
ARTICLE 220. ARSON,
CRIMINAL MISCHIEF, AND OTHER PROPERTY DESTRUCTION
§ 220.1. Arson and Related Offenses.
§ 220.2. Causing or Risking Catastrophe.
§ 220.3. Criminal Mischief.
ARTICLE 221.
BURGLARY AND OTHER CRIMINAL INTRUSION
§ 221.0.
Definitions.
§ 221.1. Burglary.
§ 221.2. Criminal Trespass.
ARTICLE 222.
ROBBERY
§ 222.1.
Robbery.
ARTICLE 223.
THEFT AND RELATED OFFENSES
§ 223.0. Definitions.
§ 223.1. Consolidation of Theft Offenses;
Grading; Provisions
§ 223.2. Theft by Unlawful Taking or Disposition.
§ 223.3. Theft by Deception.
§ 223.4. Theft by Extortion.
§ 223.5. Theft of Property Lost, Mislaid, or
Delivered by Mistake.
§ 223.6. Receiving Stolen Property.
§ 223.7. Theft of Services.
§ 223.8. Theft by Failure to Make Required
Disposition of Funds Received.
§ 223.9. Unauthorized Use of Automobiles and Other
Vehicles.
ARTICLE 224.
FORGERY AND FRAUDULENT PRACTICES
§ 224.0. Definitions.
§ 224.1. Forgery.
§ 224.2. Simulating Objects of Antiquity, Rarity, Etc.
§ 224.3. Fraudulent Destruction, Removal or
Concealment of Recordable Instruments.
§ 224.4. Tampering with Records.
§ 224.5. Bad Checks.
§ 224.6. Credit Cards.
§ 224.7. Deceptive Business Practices.
§ 224.8. Commercial Bribery and Breach of Duty to Act
Disinterestedly.
§ 224.9. Rigging Publicly Exhibited Contest.
§ 224.10. Defrauding Secured Creditors.
§ 224.11. Fraud in Insolvency.
§ 224.12. Receiving Deposits in a Failing Financial
Institution.
§ 224.13. Misapplication of Entrusted Property and
Property of Government or Financial Institution.
§ 224.14. Securing Execution of Documents by
Deception.
OFFENSES AGAINST THE FAMILY
ARTICLE 230.
OFFENSES AGAINST THE FAMILY
§ 230.1.
Bigamy and Polygamy.
§ 230.2. Incest.
§ 230.3. Abortion.
§ 230.4. Endangering
Welfare of Children.
§ 230.5. Persistent
Non-Support.
OFFENSES AGAINST PUBLIC ADMINISTRATION
ARTICLE 240.
BRIBERY AND CORRUPT INFLUENCE
§ 240.0.
Definitions.
§ 240.1. Bribery in
Official and Political Matters.
§ 240.2. Threats and
Other Improper Influence in Official and Political
Matters.
§ 240.3. Compensation
for Past Official Action.
§ 240.4. Retaliation
for Past Official Action.
§ 240.5. Gifts to
Public Servants by Persons Subject to Their
Jurisdiction.
§ 240.6. Compensating
Public Servant for Assisting Private Interests in
Relation to Matters Before Him.
§ 240.7. Selling
Political Endorsement; Special Influence.
ARTICLE 241.
PERJURY AND OTHER FALSIFICATION IN OFFICIAL MATTERS
§ 241.0.
Definitions.
§ 241.1. Perjury.
§ 241.2. False
Swearing.
§ 241.3. Unsworn
Falsification to Authorities.
§ 241.4. False Alarms
to Agencies of Public Safety.
§ 241.5. False
Reports to Law Enforcement Authorities.
§ 241.6. Tampering
With Witnesses and Informants; Retaliation
Against Them.
§ 241.7. Tampering
with or Fabricating Physical Evidence.
§ 241.8. Tampering
With Public Records or Information.
§ 241.9.
Impersonating a Public Servant.
ARTICLE 242.
OBSTRUCTING GOVERNMENTAL OPERATIONS; ESCAPES
§ 242.0.
Definitions.
§ 242.1. Obstructing
Administration of Law or Other Governmental Function.
§ 242.2. Resisting
Arrest or Other Law Enforcement.
§ 242.3. Hindering
Apprehension or Prosecution.
§ 242.4. Aiding
Consummation of Crime.
§ 242.5. Compounding.
§ 242.6. Escape.
§ 242.7. Implements
for Escape; Other Contraband.
§ 242.8. Bail
Jumping; Default in Required Appearance.
ARTICLE 243.
ABUSE OF OFFICE
§ 243.0.
Definitions.
§ 243.1. Official
Oppression.
§ 243.2. Speculating
or Wagering on Official Action or Information.
OFFENSES AGAINST PUBLIC ORDER AND DECENCY
ARTICLE 250. RIOT,
DISORDERLY CONDUCT, AND RELATED OFFENSES
§ 250.1.
Riot; Failure to Disperse.
§ 250.2. Disorderly
Conduct.
§ 250.3. False Public
Alarms.
§ 250.4. Harassment.
§ 250.5. Public
Drunkenness; Drug Incapacitation.
§ 250.6. Loitering or
Prowling.
§ 250.7. Obstructing
Highways and Other Public Passages.
§ 250.8. Disrupting
Meetings and Processions.
§ 250.9. Desecration of
Venerated Objects.
§ 250.10. Abuse of
Corpse.
§ 250.11. Cruelty to
Animals.
§ 250.12. Violation of
Privacy.
ARTICLE 251.
PUBLIC INDECENCY
§ 251.1. Open
Lewdness.
§ 251.2. Prostitution
and Related Offenses.
§ 251.3. Loitering to
Solicit Deviate Sexual Relations.
§ 251.4. Obscenity.
PART III. TREATMENT AND CORRECTION
Article
301. Suspension of Sentence; Probation
§ 301.1. Conditions
of Suspension or Probation.
§ 301.2. Period of
Suspension or Probation; Modification of
Conditions; Discharge of Defendant.
§ 301.3. Summons or
Arrest of Defendant Under Suspended Sentence or on
Probation; Commitment Without Bail; Revocation
and Re-
sentence.
§ 301.4. Notice and
Hearing on Revocation or Modification of Conditions of
Suspension or Probation.
§ 301.5. Order
Removing Disqualification or Disability Based on
Conviction.
§ 301.6. Suspension
or Probation is Final Judgment for Other Purposes.
Article
302. Fines
§ 302.1. Time and
Method of Payment; Disposition of Funds.
§ 302.2. Consequences
of Non-Payment; Imprisonment for Contumacious
Non- Payment; Summary Collection.
§ 302.3. Revocation
of Fine.
Article
303. Short-Term Imprisonment
§ 303.1. State and
Local Institutions for Short-Term Imprisonment;
Review of Adequacy; Joint Use of Institutions;
Approval of Plan of New
Institutions.
§ 303.2. Records of
Prisoners; Classification; Transfer.
§ 303.3. Segregation
of Prisoners; Segregation and Transfer of
Prisoners With Physical or Mental Diseases or Defects.
§ 303.4. Medical
Care; Food and Clothing.
§ 303.5. Program of
Rehabilitation.
§ 303.6. Discipline
and Control.
§ 303.7. Employment
and Labor of Prisoners.
§ 303.8. Reduction of
Term for Good Behavior.
§ 303.9. Privilege of
Leaving Institution for Work and Other Purposes;
Conditions; Application of Earnings.
§ 303.10. Release
from Institutions.
Article
304. Long-Term Imprisonment
§ 304.1. Reception
Center; Reception Classification Boards;
Reception Classification and Reclassification;
Transfer of Prisoners.
§ 304.2.
Institutions; Review of Adequacy; Use of
Institutions of Another Jurisdiction
§ 304.3. Central
Prisoner File; Treatment, Classification and
Reclassification in Institutions.
§ 304.4. Segregation
and Transfer of Prisoners with Physical or Mental
Diseases or Defects.
§ 304.5. Medical
Care, Food and Clothing.
§ 304.6. Program of
Rehabilitation.
§ 304.7. Discipline
and Control.
§ 304.8. Employment
and Labor of Prisoners.
§ 304.9.
Compassionate Leave; Pre-Parole Furlough.
§ 304.10. Release
from Institutions.
Article
305. Release on Parole
§ 305.1. Reduction of
Prison Term for Good Behavior.
§ 305.2. Reduction of
Parole Term for Good Behavior.
§ 305.3. Award of
Reduction of Term for Good Behavior.
§ 305.4. Forfeiture,
Withholding, and Restoration of Reduction of Term for
Good Behavior.
§ 305.5. Report of
Reductions Granted, Forfeited and Restored.
§ 305.6. Parole
Eligibility and Hearing.
§ 305.7. Preparation
for Hearing; Assistance to Prisoner.
§ 305.8. Decision of
Board of Parole; Reconsideration.
§ 305.9. Criteria for
Determining Date of First Release on Parole.
§ 305.10. Data to Be
Considered in Determining Parole Release.
§ 305.11. Eligibility
for Discharge from Parole.
§ 305.12. Termination
of Supervision; Discharge from Parole.
§ 305.13. Conditions
of Parole.
§ 305.14. Parole
Residence Facilities.
§ 305.15. Revocation
of Parole for Violation of Condition; Hearing.
§ 305.16. Sanctions
Short of Revocation for Violation of Condition of
Parole.
§ 305.17. Duration of
Re-imprisonment and Re-parole after Revocation.
§ 305.18. Parole to
Detainers.
§ 305.19. Finality of
Determinations with Respect to Reduction of Terms for
Good Behavior and Parole.
Article
306. Loss and Restoration of Rights Incident to
Conviction or Imprisonment
§ 306.1. Basis of
Disqualification or Disability.
§ 306.2. Forfeiture
of Public Office.
§ 306.3. Voting and
Jury Service.
§ 306.4. Testimonial
Capacity; Testimony of Prisoners.
§ 306.5. Appointment
of Agent, Attorney-in-Fact or Trustee for Prisoner.
§ 306.6. Order
Removing Disqualifications or Disabilities;
Vacation of Conviction; Effect of Order of
Removal or Vacation.
PART IV. ORGANIZATION OF CORRECTION
Article
401. Department of Correction
§ 401.1. Department
of Correction; Creation; Responsibilities.
§ 401.2. Director of
Correction; Appointment; Powers and
Duties.
§ 401.3. Organization
of Department of Correction.
§ 401.4. Division of
Treatment Services; Deputy Director for
Treatment Services.
§ 401.5. Division of
Custodial Services; Deputy Director for
Custodial Services.
§ 401.6. Division of
Young Adult Correction; Deputy Director for
Young Adult Correction
§ 401.7. Division of
Prison Industries; Deputy Director for Prison
Industries.
§ 401.8. Division of
Fiscal Control; Deputy Director for Fiscal
Control.
§ 401.9. Division of
Research and Training; Deputy Director for
Research and Training.
§ 401.10. Commission
of Correction and Community Services;
Organization; Functions.
§ 401.11. Visitation
and Inspection of Institutions.
§ 401.12. Appointment
and Promotion of Employees; Department Under
Civil Service Law [Merit System].
Article
402. Board of Parole
§ 402.1. Board of
Parole; Composition and Tenure.
§ 402.2. Powers and
Duties of the Board of Parole.
§ 402.3. Young Adult
Division of Board of Parole.
Article
403. Administration of Institutions
§ 403.1. Appointment
of Personnel.
§ 403.2. Powers and
Duties of Wardens and Other Administrative Heads of
State and Local Institutions.
§ 403.3. Separation
of Female Prisoners.
Article
404. Division of Parole
§ 404.1.
Division of Parole; Parole Administrator.
§ 404.2. Powers and
Duties of the Parole Administrator.
§ 404.3. Field Parole
Service; Organization and Duties.
[Alternative
Article 404. Division of Probation and Parole
§ 404.1.
Division of Probation and Parole; Probation and
Parole Administrator.
§ 404.2. Powers and
Duties of the Probation and Parole Administrator.
§ 404.3. Field
Probation and Parole Service; Organization and
Duties.]
Article
405. Division of Probation
§ 405.1. Division of
Probation; Probation Administrator.
§ 405.2. Powers and
Duties of the Probation Administrator.
§ 405.3. Extension of
Probation Field Services by Division of Probation.
§ 405.4. Field
Probation Service; Organization and Duties.
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