Article 21. Doctrines of Imputation
Article 22. Excuses
Article 23. Nonexculpatory Defenses
Article 24. Causing the Conditions of One's Own Defense
Article 31. Adjustments to Base Grade
Article 41. Verdict Forms
ARTICLE 10. VIOLATION OF CODE OF CONDUCT
SECTION 100. VIOLATION OF CODE OF CONDUCT
A person violates the Code of Conduct, for the purposes of this Code of Adjudication, if the person violates a prohibition or duty in Part II of the Code of Conduct and does not have a justification for such violation under Part IV of that Code.
ARTICLE 11. PROVISIONS RELATING TO ADJUDICATION OF A VIOLATION OF THE
CODE OF CONDUCT
SECTION 110. CAUSATION DEFINED
An actor is causally accountable for a result if:
(1) his or her conduct is an antecedent but for which the result in
question would not have occurred; and
(2) the result is not:
(a) too remote or accidental in its manner of occurrence, or
(b) too dependent upon another's volitional act,
to have a just bearing on the actor's liability or on the gravity of
his or her violation.
SECTION 111. REQUIREMENTS FOR VIOLATION OF CODE OF CONDUCT SECTION 49 (ATTEMPTING COMMISSION OF A CRIME)
(1) An actor violates Code of Conduct Section 49 (Attempting Commission
of a Crime) if he or she engages in conduct that constitutes a substantial
step toward the commission of a violation which is strongly corroborative
of the actor's culpability.
(2) The following are examples of what constitutes a substantial step:
(a) lying in wait, searching for, or following the contemplated victim
of the violation;
(b) enticing or seeking to entice the contemplated victim of the violation
to go to the place contemplated for its commission;
(c) reconnoitering the place contemplated for the commission of the
violation;
(d) unlawful entry of a structure, vehicle, or enclosure in which it
is contemplated that the violation will be committed;
(e) possession of materials to be employed in the commission of the
violation, which are specially designed for such unlawful use or which
can serve no lawful purpose of the actor under the circumstances;
(f) possession, collection, or fabrication of materials to be employed
in the commission of the violation, at or near the place contemplated for
its commission, where such possession, collection, or fabrication serves
no lawful purpose under the circumstances; and
(g) soliciting an innocent agent to engage in conduct constituting
a violation.
(3) Liability for Attempt in Absence of Causation. Where an
actor would be liable for a violation of the Code of Conduct but does not
cause or is not causally accountable for the prohibited result under Code
of Adjudication Section 110 (Causation Defined), he or she is liable for
an attempt in violation of Code of Conduct Section 49 (Attempting Commission
of a Crime).
(4) Complete and Voluntary Renunciation as a Defense to Attempt.
An actor may not be held liable for attempting a crime, in violation of
Code of Conduct Section 49 (Attempting Commission of a Crime), if the actor
completely and voluntarily renounces the attempt before completion of the
criminal conduct. An actor's renunciation is not "complete and voluntary"
if it is motivated in whole or in part by the actor's:
(a) decision to postpone the conduct until a more advantageous time,
(b) decision to transfer the criminal effort to another but similar
objective or victim, or
(c) perception of circumstances that increase the probability of detection
or apprehension.
SECTION 112. REQUIREMENTS FOR VIOLATION OF CODE OF CONDUCT SECTION 50 (ACTING WITH ANOTHER TOWARD COMMISSION OF A CRIME (COMPLICITY, CONSPIRACY, AND SOLICITATION))
(1) Unconvictable Perpetrator No Defense to Complicity. An actor
may be held to have assisted in a violation, in violation of Code of Conduct
Section 50 (Conspiracy), even if the person claimed to have committed the
violation has not been prosecuted or convicted, has been convicted of a
different violation or degree of violation, has an immunity to prosecution
or conviction, or has been acquitted.
(2) Termination as a Defense to Complicity. An actor does not
violate the prohibition against assisting a violation, contained in Code
of Conduct Section 50 (Conspiracy) if the actor terminates his or her complicity
prior to the completion of the criminal conduct, and:
(a) wholly deprives his or her complicity of its effectiveness in assisting
the criminal conduct,
(b) gives timely warning to law enforcement authorities, or
(c) otherwise makes proper effort to prevent the commission of the
violation.
(3) Sufficiency of Unilateral Act for Conspiracy. An actor may
be held to have agreed with another to commit a violation, in violation
of Code of Conduct Section 50 (Conspiracy), even if the person with whom
the actor agrees is not in reality agreeing to commission of the offense.
(4) Overt Act Requirement for Conspiracy. An actor does not
violate the prohibition against agreeing with another to commit a violation,
contained in Code of Conduct Section 50 (Conspiracy), unless one of them
performs an overt act in pursuance of the conspiracy. This requirement
does not apply if the object of the conspiracy has a base grade in Section
304 (Base Grade) of a first or second degree felony.
(5) Complete and Voluntary Renunciation as a Defense to Conspiracy
and Solicitation. An actor may not be liable for agreeing with or soliciting
another to commit a violation, in violation of Code of Conduct Section
50 (Conspiracy and Solicitation), if the actor prevents the crime under
circumstances manifesting a complete and voluntary renunciation of his
or her criminal purpose. A "complete and voluntary" renunciation has the
meaning given in Section 111(4) (Requirements for Violation of Code of
Conduct Section 49 (Attempting Commission of a Crime)).
SECTION 113. REQUIREMENTS FOR VIOLATION OF CODE OF CONDUCT SECTION 51 (CREATING A PROHIBITED RISK)
An actor violates Code of Conduct Section 51 (Creating a Prohibited Risk) if, given its nature, degree, and circumstances of the risk, its creation is a gross deviation from the standard of conduct of a law-abiding person.
SECTION 114. CONSENT DEFENSE
An actor does not violate the Code of Conduct if the victim consents
and such consent:
(1) negates an element of the violation, or
(2) precludes occurrence of the harm sought to be prevented by the
Code of Conduct provision defining the violation.
PART II. LIABILITY ASSESSMENT
ARTICLE 20. MINIMUM REQUIREMENTS FOR LIABILITY
SECTION 200. MINIMUM CULPABILITY REQUIRED
(1) An actor's violation of the Code of Conduct is not criminal unless
the actor is at least reckless as to each element of the violation as described
in the Code of Conduct, except that negligence is the minimum culpability
required:
(a) for a violation of the prohibition against causing the death of
another person under Code of Conduct Section 3 (Injury to a Person); and
(b) as to the age of the victim for a violation of Code of Conduct
Section 14(b) or (c) (Criminal Sexual Contact).
(2) In addition to the culpability requirements of Subsection (1),
to be liable for a violation of:
(a) Code of Conduct Section 49 (Attempting Commission of a Crime),
the actor must have the purpose to engage in the conduct that would constitute
the violation; and
(b) Code of Conduct Section 50 (Acting with Another Toward Commission
of a Crime (Complicity, Conspiracy, and Solicitation)), the actor must
have the purpose to facilitate the conduct constituting the violation.
(3) Definitions. "Purposely," "recklessly," and "negligently"
are defined in Section 401 (Definitions).
SECTION 201. DE MINIMIS VIOLATION
An actor's violation of the Code of Conduct is not criminal if the actor's conduct is too trivial to warrant the condemnation of a criminal conviction.
ARTICLE 21. DOCTRINES OF IMPUTATION
SECTION 210. DIVERGENCE BETWEEN RESULT INTENDED OR RISKED AND ACTUAL RESULT
When causing a result is an element of an offense, and the actual result
differs from the result intended or risked by the actor, the required culpability
as to causing the result is established if the difference is only that:
(1) a different person or property is injured, or
(2) the injury intended or risked would have been more serious than
the actual injury.
SECTION 211. INCULPATORY MISTAKE
Where an actor's ignorance or mistake negates the minimum culpability required by Section 200 (Minimum Culpability Required), the actor nonetheless is liable for the offense if he or she would be liable for a different offense had the situation been as he or she supposed.
SECTION 212. ACCOUNTABILITY FOR CONDUCT OF ANOTHER
(1) Legal Accountability. An actor is legally accountable for
the conduct of another constituting an offense if, acting with the minimum
culpability required for liability by Section 200 (Minimum Culpability
Required):
(a) he or she causes an innocent or irresponsible person to engage
in the conduct; or
(b) with knowledge that the other person is engaging in, or will engage
in, the conduct constituting the offense, he or she:
(i) aids, advises, or encourages the person,
(ii) solicits the other person to engage in the conduct, or
(iii) has a legal duty to prevent the conduct and fails to make a reasonable
effort to do so.
(2) Exceptions to Accountability for Conduct of Another. An
actor is not accountable for another's conduct under Subsection (1) if
his or her conduct is inevitably incident to the commission of the violation,
as a victim or otherwise, and is not prohibited by the Code of Conduct.
SECTION 213. VOLUNTARY INTOXICATION
(1) Where an actor does not have the minimum culpability required for
liability by Section 200 (Minimum Culpability Required) because the actor
was voluntarily intoxicated, such lack of culpability is immaterial if
he or she is unaware of a risk of which he or she would have been aware
if sober.
(2) Definitions. For the purposes of this Section and Section
222 (Disability Excuse: Involuntary Intoxication):
(a) "intoxication" means a disturbance of mental or physical capacities
resulting from the introduction of substances into the body;
(b) "voluntarily intoxicated" means the actor's intoxication was self-
induced and not pathological;
(c) "self-induced intoxication" means intoxication caused by substances,
the tendency of which to cause intoxication the actor knows or reasonably
ought to know, that the actor knowingly introduces into his or her body,
unless he or she introduces them pursuant to medical advice; and
(d) "pathological intoxication" means intoxication, grossly excessive
in degree given the amount of the intoxicant, to which the actor does not
know, and cannot reasonably be expected to know, he or she is susceptible.
ARTICLE 22. EXCUSES
SECTION 220. DISABILITY EXCUSE: INVOLUNTARY CONDUCT
(1) An actor's violation of the Code of Conduct is excused if the actor's
conduct constituting the violation is involuntary.
(2) "Involuntary Conduct" Defined. For the purposes of this
Section, conduct is "involuntary" if it is:
(a) not the product of the effort or determination of the actor, or
(b) a reflex or convulsion.
(3) Habitual Conduct Not Necessarily Involuntary. The fact that
conduct is habitual does not in itself make the conduct involuntary.
SECTION 221. DISABILITY EXCUSE: INSANITY
(1) An actor's violation of the Code of Conduct is excused if, at the
time of the conduct constituting the violation, the actor:
(a) has a mental disease or defect, and
(b) by reason of such mental disease or defect, lacks substantial capacity
to:
(i) appreciate the criminality or wrongfulness of his or her conduct,
or
(ii) conform his or her conduct to the requirements of law.
(2) "Mental Disease or Defect" Defined. For the purposes of
this Section and Section 235 (Incompetency), "mental disease or defect"
is a physiologically confirmable abnormality of the mind, but does not
include an abnormality manifested only by repeated criminal or otherwise
antisocial conduct.
SECTION 222. DISABILITY EXCUSE: INVOLUNTARY INTOXICATION
(1) An actor's violation of the Code of Conduct is excused if, at the
time of the conduct constituting the violation, the actor:
(a) is involuntarily intoxicated, and
(b) by reason of such involuntary intoxication, lacks substantial capacity
to:
(i) appreciate the criminality or wrongfulness of his or her conduct,
or
(ii) conform his or her conduct to the requirements of law.
(2) "Involuntary Intoxication" and "Self-Induced Intoxication" Defined.
"Involuntary intoxication" means the actor's intoxication was not self-induced.
"Self-induced intoxication" is defined in Section 213(2)(c) (Voluntary
Intoxication).
SECTION 223. DISABILITY EXCUSE: IMMATURITY
(1) An actor's violation of the Code of Conduct is excused if, at the
time of the conduct constituting the violation, the actor:
(a) is immature, and
(b) by reason of such immaturity, lacks substantial capacity to appreciate
the criminality or wrongfulness of his or her conduct.
(2) "Immaturity" Defined. For the purposes of this Section,
"immaturity" means a level of maturity typical of an individual less than
sixteen years of age.
(3) Presumed Excuse for Actors Under Eleven. An actor of eleven
years of age or less at the time of the conduct constituting the violation
is presumed to satisfy the requirements of Subsection (1).
(4) Presumed Immaturity of Actors Under Sixteen. An actor more
than eleven years of age but less than sixteen years of age at the time
of the conduct constituting the violation is presumed to be immature as
required by Subsection (1)(a).
SECTION 224. DISABILITY EXCUSE: DURESS
An actor's violation of the Code of Conduct is excused if, at the time
of the conduct constituting the violation, the actor:
(1) was coerced to engage in the conduct by the use or threatened use
of unlawful force against his or her person or the person of another, and
(2) a person of reasonable firmness in the actor's situation could
not reasonably have been expected to have resisted such coercion.
SECTION 225. DISABILITY EXCUSE: IMPAIRED CONSCIOUSNESS
(1) An actor's violation of the Code of Conduct is excused if, at the
time of the conduct constituting the violation, the actor:
(a) is in a state of impaired consciousness, and
(b) by reason of such impaired consciousness, lacks substantial capacity
to:
(i) appreciate the criminality or wrongfulness of his or her conduct,
or
(ii) conform his or her conduct to the requirements of law.
(2) "State of Impaired Consciousness" Defined. For the purposes
of Subsection (1)(a), a "state of impaired consciousness" means a disturbance
of consciousness resulting from a physiologically confirmable state or
condition not specifically recognized or rejected as a basis for exculpation
under any other Section in this Article.
(3) Presumed Impaired Consciousness. An actor who is unconscious,
asleep, or under hypnosis is presumed to be in a state of impaired consciousness
as required by Subsection (1)(a).
SECTION 226. MISTAKE EXCUSE: MISTAKE OF LAW
An actor's violation of the Code of Conduct is excused if, at the time
of the conduct constituting the violation, the actor reasonably believes
that the conduct does not constitute a violation because the actor:
(1) reasonably relies upon an official statement of law contained in
a statute, judgment, or an administrative order or grant of permission,
subsequently determined to be invalid or erroneous, or
(2) the actor diligently pursues all means available to ascertain the
meaning and application of the Code of Conduct provision to his or her
potential conduct and in good faith concludes that his or her conduct would
not be a violation, in circumstances in which a reasonable person would
also so conclude.
(3) "Reasonable Belief" Defined. For the purposes of this Section,
a "reasonable belief" is a nonnegligent belief. "Negligently" is defined
in Section 401(4) (Definitions).
SECTION 227. MISTAKE EXCUSE: MISTAKE AS TO JUSTIFICATION
(1) An actor's violation of the Code of Conduct is excused if, at the
time of the conduct constituting the violation, the actor reasonably believes
that the conduct constituting the violation is justified under Part IV
of the Code of Conduct.
(2) "Reasonable Belief" Defined. "Reasonable belief" is defined
in Section 226(3) (Mistake Excuse: Mistake of Law).
SECTION 228. REBUTTABLE PRESUMPTIONS
The presumptions afforded an actor in Section 223(3) and (4) (Disability Excuse: Immaturity) and Section 225(3) (Disability Excuse: Impaired Consciousness) may be rebutted by the prosecution by proof by a preponderance of the evidence that the actor is mature or not in a state of impaired consciousness, respectively.
ARTICLE 23. NONEXCULPATORY DEFENSES
SECTION 230. TIMING OF ASSERTION OF NONEXCULPATORY DEFENSE
Any defense contained in this Article must be raised by the defendant before trial. A failure to assert such a nonexculpatory defense before trial shall be deemed a waiver of that defense, but shall not preclude the defendant from raising any other appropriate defense.
SECTION 231. WAIVER OF NONEXCULPATORY DEFENSE
Where an actor would otherwise satisfy the requirements of a nonexculpatory defense in this Article, the actor may elect to waive the nonexculpatory defense in order to allow the trier of fact to reach a verdict other than "Not Punishable" as provided in Section 413 (Verdict Form: Not Punishable).
SECTION 232. DIPLOMATIC IMMUNITY
An actor may not be prosecuted for a violation of the Code of Conduct if he or she has been granted immunity from prosecution pursuant to the procedures of the Diplomatic Relations Act of 1978.
SECTION 233. PROSECUTION BARRED BY FORMER PROSECUTION
(1) An actor may not be prosecuted for a violation of the Code of Conduct
if:
(a) he or she was previously prosecuted for a violation of the same
provision of the Code of Conduct;
(b) the present violation is based on the same facts; and
(c) the previous prosecution:
(i) resulted in a conviction,
(ii) resulted in an acquittal,
(iii) was terminated after jeopardy attached, or
(iv) was terminated by a final order or judgment for the defendant,
if the order or judgment necessarily required a determination inconsistent
with a factual or legal proposition required for conviction of the violation.
(2) Attachment of Jeopardy. The point in time at which "jeopardy
attached," as referred to in Subsection (1)(c)(iii), is defined by the
applicable Rules of Criminal Procedure.
SECTION 234. GOVERNMENTAL IMMUNITY
An actor may not be tried for a violation of the Code of Conduct if he or she has judicial, legislative, or executive immunity from liability for such violation.
SECTION 235. INCOMPETENCY
(1) An actor may not be tried for a violation of the Code of Conduct
if, as a result of a mental disease or defect, the actor lacks the capacity
necessary to:
(a) understand the nature of the proceedings against him or her, or
(b) adequately assist counsel in the preparation of a defense.
(2) "Mental Disease or Defect" Defined. "Mental disease or defect"
is defined in Section 221(2) (Disability Excuse: Insanity).
SECTION 236. PERIOD OF LIMITATION FOR COMMENCEMENT OF PROSECUTION
(1) An actor may not be tried for a violation of the Code of Conduct
if:
(a) the violation is a misdemeanor or a petty misdemeanor and the court
determines that the conduct constituting the violation occurred more than
three years prior to the date of commencement of the prosecution, or
(b) the violation is a felony and the court determines that the conduct
occurred more than seven years prior to the date of commencement of the
prosecution, unless the conduct constitutes a violation of Code of Conduct
Section 3 (Injury to a Person) that results in the death of another person.
(2) Commencement of Prosecution. For the purposes of this Section,
"commencement of the prosecution" can be achieved by any of the following:
(a) return of an indictment,
(b) filing of an information, or
(c) issuance of a warrant or other process, provided that such warrant
or process is executed without unreasonable delay.
SECTION 237. ENTRAPMENT
An actor may not be punished for a violation of the Code of Conduct
if:
(1) the conduct constituting the violation is induced by a law enforcement
officer,
(2) the actor was not predisposed to commit the violation, and
(3) the officer's conduct created a substantial risk that a reasonable
person not predisposed to commit the violation would have been induced
to do so.
ARTICLE 24. CAUSING THE CONDITIONS OF ONE'S OWN DEFENSE
SECTION 240. CAUSING THE CONDITIONS OF ONE'S OWN JUSTIFICATION OR EXCUSE DEFENSE
(1) When an actor causes the conditions that give rise to a justification
under Part IV of the Code of Conduct or to an excuse under Article 22 of
the Code of Adjudication, the actor gains the benefit of the defense despite
his or her conduct in causing the defense conditions, but
(2) the actor may be held liable for the violation of the Code of Conduct
based upon his or her conduct in causing the defense conditions if, at
the time of causing those conditions, the actor has the culpability as
to bringing about the violation that is required by Section 200 (Minimum
Culpability Required).
(3) As provided by Section 310 (Adjustment for Greater Culpability),
the grade of liability for causing the defense conditions under Subsection
(2) increases if the actor was knowing or purposeful as to causing the
violation.
(4) Defense to Liability for Causing the Conditions of One's Own
Defense. An actor may have a justification or excuse defense to liability
under Subsection (2) for his or her conduct in causing the defense conditions.
SECTION 241. CAUSING THE CONDITIONS OF ONE'S OWN NONEXCULPATORY DEFENSE
When an actor establishes a nonexculpatory defense under Article 23 and the actor caused the conditions of that defense, such defense is not available to the actor. This Section is not intended to supersede any international treaties.
PART III. GRADING
ARTICLE 30. BASE GRADE OF OFFENSE
SECTION 300. GRADE OF OFFENSE
The grade of an actor's offense shall be the base grade provided in Section 304 (Base Grade), as adjusted by the provisions of Article 31.
SECTION 301. GRADE LEVELS
This Code recognizes:
(1) Eight grades of felonies:
First degree felony F1 (most serious offense)
Second degree felony F2
Third degree felony F3
Fourth degree felony F4
Fifth degree felony F5
Sixth degree felony F6
Seventh degree felony F7
Eighth degree felony F8
(2) Five grades of misdemeanors:
First degree misdemeanor M1
Second degree misdemeanor M2
Third degree misdemeanor M3
Fourth degree misdemeanor M4
Fifth degree misdemeanor M5
(3) One grade of petty misdemeanor:
Petty misdemeanor PM (least serious offense)
SECTION 302. GRADE OF OFFENSE WHEN DIVERGENCE BETWEEN RESULT INTENDED OR RISKED AND ACTUAL RESULT
Where an actor satisfies the requirements of Section 210 (Divergence Between Result Intended or Risked and Actual Result) and the grade of the offense for the result intended or risked by the actor's conduct is lower than the grade of the offense actually committed, the grade of the actor's offense is the grade of the offense for the result intended or risked.
SECTION 303. GRADE OF OFFENSE IF INCULPATORY MISTAKE
Where an actor satisfies the requirements of Section 211 (Inculpatory Mistake) and the grade of the offense under his or her mistaken belief is lower than the grade of the offense actually committed, the grade of the actor's offense is the grade of the offense under his or her mistaken belief.
SECTION 304. BASE GRADE
An offense has the base grade indicated below. Unless otherwise provided, the grade given assumes a reckless violation.
Code of Conduct section Additional grading categories: Base violated: grade 3. Injury to a Person (a) Death (negligently) F4 (b) Death (recklessly) F3 (c) Serious or permanent bodily injury F5 (d) Bodily injury M1 6. Assisting Another's Neither (a) nor (b) F3 Suicide (a) Terminal illness (but assistance not F5 voluntarily requested) (b) Assistance voluntarily requested (but no F5 terminal illness) 7. Criminal Harassment M3 8. Violation of Privacy M4 9. Criminal Threat of (a) Threatens a felony F6 Committing a Crime (b) Threatens a misdemeanor M2 10. Criminal Threat of M2 Exposure 11. Criminal Threat of M2 Official Action 12. Criminal Restraint F5 13. Welfare of Child M1 14. Criminal Sexual Contact (a) Sexual intercourse with a person under F3 eleven years of age (b) Sexual contact with a person under eleven F5 years of age (c) Sexual intercourse without consent F5 (d) Sexual contact without consent M1 (e) Sexual intercourse with a person under F7 sixteen years of age if the actor is four or more years older than the victim (f) Sexual contact with a person under M2 sixteen years of age if the actor is four or more years older than the victim (g) Sexual intercourse with a person in the F7 actor's custodial or mental health care (h) Sexual contact with a person in the M2 actor's custodial or mental health care 17. Indecent Exposure M4 19. Abortion F6 20. Bigamy M5 21. Interference with M2 Custody 22. Duty to Provide Support M4 23. Incest F7 24. Damage to or Theft of (a) Value of property damaged or stolen F3 Property exceeds $100,000 (b) Value of property greater than $10,000 F6 and less than or equal to $100,000 (c) Value of property greater than $1,000 and F8 less than or equal to $10,000 (d) Value of property greater than $500 and M3 less than or equal to $1,000 (e) Value of property greater than $100 and M5 less than or equal to $500 (f) Value of property less than or equal to PM $100 25. Criminal Trespass (a) Dwelling or occupied structure M1 (b) Land PM 26. Duty to Prevent M3 Catastrophe 27. Failure to Return Lost M5 or Mistakenly Delivered Property 28. Forgery, Bad Checks, and M2 Fraudulent Practices 29. Destruction or Damage of (a) Irreparable damage, destruction, or M4 Certain Objects defacement (b) Other M5 30. Disorderly Conduct PM 31. Indecent Behavior PM 32. Creating a Public Alarm M3 or Panic 33. Obstructing a Public PM Passage 34. Prostitution M4
36. Obscenity M4 37. Criminal Possession (a) Weapon M2 (b) Controlled substance --- (c) Drug paraphernalia M5 (d) Stolen property Base grade of offense according to scale used in Section 24 (Damage to or Theft of Property) 38. Cruelty to Animals M4 39. Abuse of Corpse M4 40. Obstruction of Law M3 41. Avoiding Lawful M3 Detention 42. Failure to Appear M5 43. Abuse of Non-Public M2 Information by Public Official 44. Providing False (a) If under oath F8 Information (b) If not under oath M1 45. Bribery and Criminal F6 Compensation 46. Governmental Oppression F8 47. Tampering with Records M3 48. Impersonating a Public M4 Official 49. Attempting Commission of Two grades less than the grade for the a Crime completed offense 50. Acting with Another Grade adjusted as provided in Section 311 Toward Commission of a Crime (Extent of Participation in Assisting an (Complicity, Conspiracy, and Offense by Another) Solicitation) 51. Creating a Prohibited One grade less than the grade for the offense Risk if the harm risked had resulted
ARTICLE 31. ADJUSTMENTS TO BASE GRADE
SECTION 310. ADJUSTMENT FOR GREATER CULPABILITY
(1) The grade of an offense increases:
(a) two grades if the actor is purposeful as to the core elements,
and
(b) one grade if the actor is knowing as to the core elements.
(2) Definitions. For the purposes of this Section:
(a) The "core elements" are those facts that establish the violation
in the Code of Conduct and its grade in Section 304 (Base Grade).
(b) "Purposely," "knowingly," "recklessly," and "negligently" are defined
in Section 401 (Definitions).
SECTION 311. ADJUSTMENT ACCORDING TO EXTENT OF PARTICIPATION IN ASSISTING AN OFFENSE BY ANOTHER
Where the actor assists another to commit an offense, in violation of
Code of Conduct Section 50 (Acting with Another Toward Commission of a
Crime (Complicity)), the grade of the actor's offense:
(1) increases two grades if the actor is an organizer,
(2) increases one grade if the actor is a manager,
(3) is unaffected if the actor is a participant,
(4) decreases one grade if the actor is a supporter.
(5) Definitions. For the purposes of this Section:
(a) The actor is an "organizer" if he or she directed, supervised,
or managed one or more persons who satisfy manager criteria;
(b) The actor is a "manager" if he or she shared management responsibilities
on an equal basis with one or more actors in any one of the following:
(i) the selection of the criminal objective,
(ii) the identification of resources necessary to achieve the criminal
objective, or
(iii) the planning, financing, or scheduling of the activities necessary
to achieve the criminal objective;
(c) The actor is a "participant" if he or she was involved in any way
in the design or implementation of the conduct constituting the offense;
and
(d) The actor is a "supporter" if he or she was a minor participant
in a criminal scheme and was to be compensated by a fixed amount rather
than a percentage of the profits of the criminal objective.
SECTION 312. ADJUSTMENT FOR INEFFECTIVE RENUNCIATION OF ATTEMPT, CONSPIRACY, OR SOLICITATION
(1) The grade of the actor's offense decreases one grade if the actor
completely and voluntarily renounces his or her attempt, conspiracy, or
solicitation but is unable to prevent commission of the offense.
(2) "Complete and Voluntary" Defined. A "complete and voluntary"
renunciation has the meaning given in Section 111(4) (Requirements for
Violation of Code of Conduct Section 49).
SECTION 313. ADJUSTMENT FOR PARTIAL DISABILITY
The grade of the actor's offense decreases one grade if, at the time of the conduct constituting the offense, the actor suffers a substantial impairment of cognitive or control dysfunction, as defined in a provision in Article 22, but to a degree insufficient to merit a complete excuse.
SECTION 314. ADJUSTMENT FOR SELECTION OF VICTIM
(1) The grade of the actor's offense increases one grade if the actor
selects the victim of the offense because the victim is:
(a) younger than sixteen years of age;
(b) older than sixty-five years of age;
(c) suffering from a physical or mental disability; or
(d) of a particular race, religion, ancestry, gender, sexual orientation,
or national origin, and by choosing the victim the actor hopes to intimidate
or humiliate the other members of the group of which the victim is a member.
(2) The grade increase provided by this Section does not apply if the
characteristic defined in Subsection (1) is an element of the violation.
PART IV. GENERAL PROVISIONS
ARTICLE 40. MISCELLANEOUS
SECTION 400. PRINCIPLES OF CONSTRUCTION
(1) Each term in the Code of Conduct and the Code of Adjudication shall
be interpreted according to a definition provided for the term or, if none
is provided, shall be given its common and plain meaning.
(2) Any remaining ambiguities shall be resolved to best further the
Code's goal of imposing liability according to the degree of an actor's
blameworthiness, including the degree of the actor's culpability and the
extent of any harm that results from the actor's conduct.
SECTION 401. DEFINITIONS
For the purposes of this Code of Adjudication:
(1) A person acts "purposely" with respect to an element of a violation
when:
(a) if the element involves the nature of his or her conduct or a result
thereof, it is his or her conscious object to engage in conduct of that
nature or to cause such a result, and
(b) if the element involves the attendant circumstances of the conduct,
he or she is aware of the existence of such circumstances or he or she
believes or hopes that they exist.
(2) A person acts "knowingly" with respect to an element of a violation
when:
(a) if the element involves the nature of his or her conduct or the
attendant circumstances, he or she is aware that his or her conduct is
of that nature or that such circumstances exist, and
(b) if the element involves a result of his or her conduct, he or she
is aware that it is practically certain that his or her conduct will cause
such a result.
(3) A person acts "recklessly" with respect to an element of a violation
when he or she consciously disregards a risk that the element exists or
will result from his or her conduct. The risk must be of such a nature
and degree that, considering the purpose of the actor's conduct and the
circumstances known to him or her, the actor's failure to perceive it involves
a gross deviation from the standard of conduct that a lawabiding person
would observe in the actor's situation.
(4) A person acts "negligently" with respect to an element of a violation
when he or she should be aware of a risk that the element exists or will
result from his or her conduct. The risk must be of such a nature and degree
that, considering the purpose of the actor's conduct and the circumstances
known to him or her, the actor's failure to perceive it involves a gross
deviation from the standard of conduct that a lawabiding person would observe
in the actor's situation.
(5) "Element of an Offense" Defined. An "element of an offense"
means such:
(a) conduct,
(b) attendant circumstances, or
(c) a result of conduct, as is contained in the definition of a violation.
(6) "Conduct" Defined. "Conduct" means a physical act or omission.
(7) "Circumstance" Defined. "Circumstance" means a characteristic
of the conduct or a condition or environment under which the conduct occurs.
(8) "Result" Defined. "Result" means a circumstance changed
by the conduct of the actor.
(9) Other Definitions. The following terms are defined in the
following sections:
(a) In the Code of Conduct:
"Consent" in Section 5,
"Deadly force" in Section 53,
"Family member" in Section 23,
"Intimate parts" in Section 16,
"Property" in Section 24,
"Public place" in Section 18,
"Sexual act" in Section 35,
"Sexual contact" in Section 15, and
"Unlawful force" in Section 54.
(b) In this Code of Adjudication:
"Causation" in Section 110,
"Complete and voluntary" renunciation in Section 111(4),
"Immaturity" in Section 223(2),
"Included offense" in Section 402(2),
"Intoxication" in Section 213(2)(a),
"Involuntary conduct" in Section 220(2),
"Involuntary intoxication" in Section 222(2),
"Manager" in Section 311(5)(b),
"Mental disease or defect" in Section 221(2),
"Organizer" in Section 311(5)(a),
"Participant" in Section 311(5)(c),
"Pathological intoxication" in Section 213(2)(d),
"Reasonable belief" in Section 226(3),
"Self-induced intoxication" in Section 213(2)(c),
"State of impaired consciousness" in Section 225(2),
"Substantial step" in Section 111(2),
"Supporter" in Section 311(5)(d), and
"Voluntarily intoxicated" in Section 213(2)(b).
SECTION 402. LIMITATIONS ON CONVICTIONS FOR MULTIPLE OFFENSES
(1) When the same conduct of an actor satisfies the elements of more
than one offense, the actor may be held liable for each offense, unless:
(a) one offense is included in another as defined in Subsection (2)
of this Section, or
(b) inconsistent findings of fact are required to satisfy the elements
of the offenses.
(2) "Included Offense" Defined. For the purposes of this Section,
an offense is "included" in another if it consists of attempting, conspiring,
or soliciting the other.
ARTICLE 41. VERDICT FORMS
SECTION 410. VERDICT FORM: NO VIOLATION OF PROHIBITIONS OR DUTIES
If the trier of fact finds no violation of the prohibitions or duties described in Parts II and III of the Code of Conduct, then the verdict shall be "No Violation."
SECTION 411. VERDICT FORM: JUSTIFIED VIOLATION OF PROHIBITION OR DUTY
If the trier of fact finds that the actor's conduct constitutes a violation of a prohibition or duty under Parts II or III of the Code of Conduct, but finds that the violation is justified under Part IV of the Code of Conduct, then the verdict shall be "Justified Violation."
SECTION 412. VERDICT FORM: BLAMELESS VIOLATION
If the trier of fact finds that the actor's conduct constitutes an unjustified
violation of the Code of Conduct, but:
(1) the minimum requirements for liability contained in Code of Adjudication
Article 20 have not been satisfied, or
(2) the actor's conduct is excused under Code of Adjudication Article
22, then the verdict shall be "Not Guilty by Reason of Blameless Violation."
SECTION 413. VERDICT FORM: NOT PUNISHABLE
If the trier of fact finds that the actor is not subject to prosecution, triable, or punishable because of a provision in Code of Adjudication Article 23, then the verdict shall be "Not Punishable."
SECTION 414. VERDICT FORM: GUILTY
If the trier of fact finds that the actor violated the Code of Conduct without justification, satisfies the minimum requirements of liability under Code of Adjudication Article 20, and has no defense under Code of Adjudication Articles 22 or 23, then the verdict shall be "Guilty." The verdict shall indicate the grade of the offense as provided by Part III of the Code of Adjudication.
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