HRS § 710-1000

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part I. General Provisions Relating to Offenses Against Public Administration

§ 710-1000. Definitions of terms in this chapter

In this chapter, unless a different meaning plainly is required:

(1) “Administrative proceeding” means any proceeding the outcome of which is required to be based on a record or documentation prescribed by law, or in which law or regulation is particularized in application to individuals;

(2) “Benefit” means gain or advantage, or anything regarded by the beneficiary as gain or advantage, including benefit to any other person or entity in whose welfare the beneficiary is interested;

(3) “Custody” means restraint by a public servant pursuant to arrest, detention, or order of a court;

(4) “Detention facility” means any place used for the confinement of a person:

(a) Arrested for, charged with, or convicted of a criminal offense; or

(b) Confined pursuant to chapter 571; or

(c) Held for extradition; or

(d) Otherwise confined pursuant to an order of a court;

(5) “Government” includes any branch, subdivision, or agency of the government of this State or any locality within it;

(6) “Governmental function” includes any activity which a public servant is legally authorized to undertake on behalf of the government;

(7) “Harm” means loss, disadvantage, or injury, or anything so regarded by the person affected, including loss, disadvantage, or injury to any other person or entity in whose welfare the person affected is interested;

(8) “Juror” means any person who is a member of any jury, including a grand jury, impaneled by any court of this State or by any public servant authorized by law to impanel a jury, and also includes any person who has been drawn or summoned to attend as a prospective juror;

(9) “Materially false statement” means any false statement, regardless of its admissibility under the rules of evidence, which could have affected the course or outcome of the proceeding; whether a falsification is material in a given factual situation is a question of law;

(10) “Oath” includes an affirmation and every other mode authorized by law of attesting to the truth of that which is stated, and, for the purposes of this chapter, written statements shall be treated as if made under oath if:

(a) The statement was made on or pursuant to a form bearing notice, authorized by law, to the effect that false statements made therein are punishable; or

(b) The statement recites that it was made under oath or affirmation, the declarant was aware of such recitation at the time the declarant made the statement and intended that the statement should be represented as a sworn statement, and the statement was in fact so represented by its delivery or utterance with the signed jurat of an officer authorized to administer oaths appended thereto;

(11) “Oath required or authorized by law” means an oath the use of which is specifically provided for by statute or appropriate regulatory provision;

(12) “Official proceeding” means a proceeding heard or which may be heard before any legislative, judicial, administrative, or other governmental agency or official authorized to take evidence under oath, including any referee, hearing examiner, commissioner, notary, or other person taking testimony or deposition in connection with any such proceeding;

(13) “Law enforcement officer” means any public servant, whether employed by the State or subdivisions thereof or by the United States, vested by law with a duty to maintain public order or, to make arrests for offenses or to enforce the criminal laws, whether that duty extends to all offenses or is limited to a specific class of offenses;

(14) “Pecuniary benefit” is benefit in the form of money, property, commercial interests, or anything else the primary significance of which is economic gain;

(15) “Public servant” means any officer or employee of any branch of government, whether elected, appointed, or otherwise employed, and any person participating as advisor, consultant, or otherwise, in performing a governmental function, but the term does not include jurors or witnesses;

(16) “Statement” means any representation, but includes a representation of opinion, belief, or other state of mind only if the representation clearly relates to state of mind apart from or in addition to any facts which are the subject of the representation;

(17) “Testimony” includes oral or written statements, documents, or any other material that may be offered by a witness in an official proceeding.

CREDIT(S)

Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1; Laws 1987, ch. 130, § 1.

Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.

HRS § 710-1001

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part I. General Provisions Relating to Offenses Against Public Administration

§ 710-1001. Forfeiture of property used as benefit or pecuniary benefit in the commission of an offense defined in this chapter

Any property offered, conferred, agreed to be conferred, or accepted as a benefit, pecuniary benefit, or compensation in the commission of an offense defined in this chapter is forfeited, subject to the requirements of chapter 712A, to the State.

CREDIT(S)

Laws 1972, ch. 9, § 1; Laws 1989, ch. 261, § 21.

Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.

HRS § 710-1010

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part II. Obstruction of Public Administration

§ 710-1010. Obstructing government operations

(1) A person commits the offense of obstructing government operations if, by using or threatening to use violence, force, or physical interference or obstacle, the person intentionally obstructs, impairs, or hinders:

(a) The performance of a governmental function by a public servant acting under color of the public servant's official authority;

(b) The enforcement of the penal law or the preservation of the peace by a law enforcement officer acting under color of the law enforcement officer's official authority; or

(c) The operation of a radio, telephone, television, or other telecommunication system owned or operated by the State or one of its political subdivisions.

(2) This section does not apply to:

(a) The obstruction, impairment, or hindrance of the making of an arrest; or

(b) The obstruction, impairment, or hindrance of any governmental function, as provided by law, in connection with a labor dispute with the government.

(3) Obstruction of government operations is a misdemeanor.

CREDIT(S)

Laws 1972, ch. 9, § 1; Laws 1980, ch. 150, § 1; Laws 1984, ch. 90, § 1; Laws 1991, ch. 223, § 2; Laws 2001, ch. 91, § 3.

Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.

HRS § 710-1010.5

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part II. Obstruction of Public Administration

[§ 710-1010.5]. Interference with reporting an emergency or crime

(1) A person commits the offense of interference with reporting an emergency or crime if the person intentionally or knowingly prevents a victim or witness to a criminal act from calling a 911-emergency telephone system, obtaining medical assistance, or making a report to a law enforcement officer.

(2) Interference with the reporting of an emergency or crime is a petty misdemeanor.

CREDIT(S)

Laws 2001, ch. 294, § 1.

Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.

HRS § 710-1011

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part II. Obstruction of Public Administration

§ 710-1011. Refusing to aid a law enforcement officer

(1) A person commits the offense of refusing to aid a law enforcement officer when, upon a reasonable command by a person known to him to be a law enforcement officer, he intentionally refuses or fails to aid such law enforcement officer, in:

(a) Effectuating or securing an arrest; or

(b) Preventing the commission by another of any offense.

(2) Refusing to aid a law enforcement officer is a petty misdemeanor.

(3) A person who complies with this section by aiding a law enforcement officer shall not be held liable to any person for damages resulting therefrom, provided he acted reasonably under the circumstances known to him at the time.

CREDIT(S)

Laws 1972, ch. 9, § 1; Laws 2001, ch. 91, § 4.

Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.

HRS § 710-1012

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part II. Obstruction of Public Administration

§ 710-1012. Refusing to assist in fire control

(1) A person commits the offense of refusing to assist in fire control when:

(a) Upon a reasonable command by a person known to him to be a firefighter, he intentionally refuses to aid in extinguishing a fire or in protecting property at the scene of a fire; or

(b) Upon command by a person known to him to be a firefighter or law enforcement officer, he intentionally disobeys an order or regulation relating to the conduct of persons in the vicinity of a fire.

(2) “Firefighter” means any officer of a fire department or any other person vested by law with the duty to extinguish fires.

(3) Refusing to assist in fire control is a petty misdemeanor.

(4) A person who complies with this section by assisting in fire control shall not be held liable to any person for damages resulting therefrom, provided he acted reasonably under the circumstances known to him at the time.

CREDIT(S)

Laws 1972, ch. 9, § 1; Laws 1977, ch. 191, § 2; Laws 1983, ch. 124, § 15; Laws 2001, ch. 91, § 4.

Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.

HRS § 710-1013

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part II. Obstruction of Public Administration

§ 710-1013. Compounding

(1) A person commits the offense of compounding if the person intentionally accepts or agrees to accept any pecuniary benefit as consideration for:

(a) Refraining from seeking prosecution of an offense; or

(b) Refraining from reporting to law-enforcement authorities the commission or suspected commission of any offense or information relating to the offense.

(2) It is an affirmative defense to a prosecution under subsection (1) that the pecuniary benefit did not exceed an amount which the defendant believed to be due as restitution or indemnification for harm caused by the offense.

(3) Compounding is a misdemeanor.

CREDIT(S)

Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.

Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.

HRS § 710-1014

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part II. Obstruction of Public Administration

§ 710-1014. Rendering a false alarm

(1) A person commits the offense of rendering a false alarm if the person knowingly causes a false alarm of fire or other emergency to be transmitted to or within an official or volunteer fire department, any other government agency, or any public utility that deals with emergencies involving danger to life or property.

(2) Rendering a false alarm is a misdemeanor.

CREDIT(S)

Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.

Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.

HRS § 710-1014.5

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part II. Obstruction of Public Administration

[§ 710-1014.5]. Misuse of 911 emergency telephone service

(1) A person commits the offense of misuse of 911 emergency telephone service if the person accesses the telephone number 911 and:

(a) Knowingly causes a false alarm; or

(b) Makes a false complaint or a report of false information in reckless disregard of the risk that a public safety agency will respond by dispatching emergency services.

(2) Misuse of 911 emergency telephone service is a misdemeanor.

(3) For purposes of this section, “public safety agency” means any federal, state, or county police, fire, emergency medical service, or civil defense relief agency.

CREDIT(S)

Laws 2005, ch. 17, § 1.

Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.

HRS § 710-1015

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part II. Obstruction of Public Administration

§ 710-1015. False reporting to law-enforcement authorities

(1) A person commits the offense of false reporting to law-enforcement authorities if the person intentionally makes a report or causes the transmission of a report to law-enforcement authorities relating to a crime or other incident within their concern when the person knows that the information contained in the report is false.

(2) False reporting to law-enforcement authorities is a misdemeanor.

CREDIT(S)

Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.

Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.

HRS § 710-1016

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part II. Obstruction of Public Administration

§ 710-1016. Impersonating a public servant

(1) A person commits the offense of impersonating a public servant if the person pretends to be a public servant other than a law enforcement officer and engages in any conduct in that capacity with intent to deceive anyone.

(2) It is no defense to a prosecution under this section that the office the person pretended to hold did not in fact exist.

(3) Impersonating a public servant is a misdemeanor.

CREDIT(S)

Laws 1972, ch. 9, § 1; Laws 1984, ch. 139, § 2; Laws 2001, ch. 91, § 4.

Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.

HRS § 710-1016.3

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part II. Obstruction of Public Administration

[§ 710-1016.3]. Obtaining a government-issued identification document under false pretenses in the first degree

(1) A person commits the offense of obtaining a government-issued identification document under false pretenses in the first degree if that person, with intent to mislead a public servant and intent to facilitate a felony, obtains an identification document issued by the State or any political subdivision thereof by:

(a) Making any statement, oral or written, that the person does not believe to be true, in an application for any identification document issued by the State or any political subdivision thereof; or

(b) Submitting or inviting reliance on any writing that the person knows to be falsely made, completed, or altered.

(2) Obtaining a government-issued identification document under false pretenses in the first degree is a class C felony.

CREDIT(S)

Laws 2002, ch. 224, § 2.

Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.

HRS § 710-1016.4

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part II. Obstruction of Public Administration

[§ 710-1016.4]. Obtaining a government-issued identification document under false pretenses in the second degree

(1) A person commits the offense of obtaining a government-issued identification document under false pretenses in the second degree if that person, with intent to mislead a public servant, obtains an identification document issued by the State or any political subdivision thereof by:

(a) Making any statement, oral or written, that the person does not believe to be true, in an application for any identification document issued by the State or any political subdivision thereof; or

(b) Submitting or inviting reliance on any writing that the person knows to be falsely made, completed, or altered.

(2) Obtaining a government-issued identification document under false pretenses in the second degree is a misdemeanor.

CREDIT(S)

Laws 2002, ch. 224, § 2.

Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.

HRS § 710-1016.5

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part II. Obstruction of Public Administration

§ 710-1016.5. Repealed by Laws 1987, ch. 130, § 2

Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.

HRS § 710-1016.6

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part II. Obstruction of Public Administration

[§ 710-1016.6]. Impersonating a law enforcement officer in the first degree

(1) A person commits the offense of impersonating a law enforcement officer in the first degree if, with intent to deceive, the person pretends to be a law enforcement officer and is armed with a firearm.

(2) Impersonating a law enforcement officer in the first degree is a class C felony.

CREDIT(S)

Laws 1987, ch. 130, § 3.

Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.

HRS § 710-1016.7

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part II. Obstruction of Public Administration

[§ 710-1016.7]. Impersonating a law enforcement officer in the second degree

(1) A person commits the offense of impersonating a law enforcement officer in the second degree if, with intent to deceive, the person pretends to be a law enforcement officer.

(2) Impersonating a law enforcement officer in the second degree is a misdemeanor.

CREDIT(S)

Laws 1987, ch. 130, § 3.

Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.

HRS § 710-1016.8

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part II. Obstruction of Public Administration

[§ 710-1016.8]. Presumptions

Any person other than a law enforcement officer, who wears the uniform or displays the badge or identification card of a law enforcement officer, or who wears a uniform or displays a badge or identification card resembling the uniform, badge or identification card of a law enforcement officer, or a badge or identification card purported to be a law enforcement officer's badge or identification card, shall be presumed to be pretending to be a law enforcement officer.

CREDIT(S)

Laws 1987, ch. 130, § 3.

Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.

HRS § 710-1016.9

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part II. Obstruction of Public Administration

[§ 710-1016.9]. Defense

(1) Employment by the State or a subdivision thereof or by the United States as a law enforcement officer at the time of the conduct charged is an affirmative defense to a prosecution for impersonating a law enforcement officer.

(2) It is no defense to a prosecution for impersonating a law enforcement officer that the office the person pretended to hold did not in fact exist.

CREDIT(S)

Laws 1987, ch. 130, § 3.

Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.

HRS § 710-1017

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part II. Obstruction of Public Administration

§ 710-1017. Tampering with a government record

(1) A person commits the offense of tampering with a government record if:

(a) The person knowingly and falsely makes, completes, or alters, or knowingly makes a false entry in, a written instrument which is or purports to be a government record or a true copy thereof; or

(b) The person knowingly presents or uses a written instrument which is or purports to be a government record or a true copy thereof, knowing that it has been falsely made, completed, or altered, or that a false entry has been made therein, with intent that it be taken as genuine; or

(c) The person knowingly records, registers, or files, or offers for recordation, registration, or filing, in a governmental office or agency, a written statement which has been falsely made, completed, or altered, or in which a false entry has been made, or which contains a false statement or false information; or

(d) Knowing the person lacks the authority to do so:

(i) The person intentionally destroys, mutilates, conceals, removes, or otherwise impairs the availability of any government records; or

(ii) The person refuses to deliver up a government record in the person's possession upon proper request of a public servant entitled to receive such record for examination or other purposes.

(2) For the purpose of this section, “government record” includes all official books, papers, written instruments, or records created, issued, received, or kept by any governmental office or agency or required by law to be kept by others for the information of the government.

(3) Tampering with government records is a misdemeanor.

CREDIT(S)

Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1; Laws 1991, ch. 145, § 2.

Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.

HRS § 710-1017.5

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part II. Obstruction of Public Administration

[§ 710-1017.5]. Sale or manufacture of deceptive identification document; penalties

(1) A person commits the offense of sale or manufacture of deceptive identification document if the person intentionally or knowingly manufactures, sells, offers for sale, furnishes, offers to be furnished, transports, offers to be transported, or imports or offers to be imported into this State a deceptive identification document.

(2) As used in this section, “deceptive identification document” means any identification document not issued by a governmental agency that purports to be, or that might deceive a reasonable person into believing that it is, an identification document issued by a governmental agency, including a driver's license, identification card, birth certificate, passport, or social security card.

(3) The sale or manufacture of a deceptive identification document is a class C felony.

(4) Any property used or intended for use in the commission of, attempt to commit, or conspiracy to commit an offense under this section, or that facilitated or assisted such activity, shall be subject to forfeiture under chapter 712A.

CREDIT(S)

Laws 2001, ch. 230, § 1.

Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.

HRS § 710-1018

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part II. Obstruction of Public Administration

§ 710-1018. Securing the proceeds of an offense

(1) A person commits the offense of securing the proceeds of an offense if, with intent to assist another in profiting or benefiting from the commission of a crime, he aids the person in securing the proceeds of the crime.

(2) Securing the proceeds of an offense is a class C felony if the person assisted committed a class A or B felony or murder of any degree; otherwise it is a misdemeanor.

CREDIT(S)

Laws 1972, ch. 9, § 1; Laws 1997, ch. 149, § 5.

Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.

HRS § 710-1019

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part II. Obstruction of Public Administration

[§ 710-1019]. Destroying or defacing official notices; penalty

(1) Any person who intentionally or knowingly removes, destroys or defaces any notice posted in compliance with any statute, rule, order of court, or order of the department of health, before the expiration date of the notice, shall be guilty of a violation subject to a fine of not more than $100.

(2) Any such notice shall prominently include the expiration date and a statement, “THE DESTRUCTION, REMOVAL, OR DEFACEMENT OF THIS NOTICE PRIOR TO THE EXPIRATION DATE IS PROHIBITED BY LAW AND PUNISHABLE BY FINE.”

CREDIT(S)

Laws 1991, ch. 223, § 1.

Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.

HRS § 710-1020

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part III. Escape and Other Offenses Related to Custody

§ 710-1020. Escape in the first degree

(1) A person commits the offense of escape in the first degree if the person intentionally employs physical force, the threat of physical force, or a dangerous instrument against the person of another in escaping from a correctional or detention facility or from custody.

(2) Escape in the first degree is a class B felony.

CREDIT(S)

Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.

Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.

HRS § 710-1021

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part III. Escape and Other Offenses Related to Custody

§ 710-1021. Escape in the second degree

(1) A person commits the offense of escape in the second degree if the person intentionally escapes from a correctional or detention facility or from custody.

(2) Escape in the second degree is a class C felony.

CREDIT(S)

Laws 1972, ch. 9, 1; Laws 1984, ch. 90, § 1.

Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.

HRS § 710-1022

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part III. Escape and Other Offenses Related to Custody

§ 710-1022. Promoting prison contraband in the first degree

(1) A person commits the offense of promoting prison contraband in the first degree if:

(a) The person intentionally conveys a dangerous instrument or drug to any person confined in a correctional or detention facility; or

(b) Being a person confined in a correctional or detention facility, the person intentionally makes, obtains, or possesses a dangerous instrument or drug.

(2) A “dangerous instrument” shall have the same meaning as defined in section 707-700; a dangerous instrument may only be possessed by or conveyed to a confined person with the facility administrator's express prior approval. A “drug” shall include dangerous drugs, detrimental drugs, harmful drugs, intoxicating compounds, marijuana, and marijuana concentrates as listed in section 712-1240; a drug may only be possessed by or conveyed to a confined person with the facility administrator's express prior approval and under medical supervision.

(3) Promoting prison contraband in the first degree is a class B felony.

CREDIT(S)

Laws 1972, ch. 9, § 1; Laws 1976, ch. 99, § 1; Laws 1984, ch. 90, § 1; Laws 1986, ch. 339, § 79.

Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.

HRS § 710-1023

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part III. Escape and Other Offenses Related to Custody

§ 710-1023. Promoting prison contraband in the second degree

(1) A person commits the offense of promoting prison contraband in the second degree if:

(a) The person intentionally conveys known contraband to any person confined in a correctional or detention facility; or

(b) Being a person confined in a correctional or detention facility, the person intentionally makes, obtains, or possesses known contraband.

(2) “Contraband” means any article or thing, other than a dangerous instrument or drug as defined in section 710-1022(2), that a person confined in a correctional or detention facility is prohibited from obtaining or possessing by statute, rule, or order.

(3) Promoting prison contraband in the second degree is a class C felony.

CREDIT(S)

Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1; Laws 1999, ch. 23, § 1.

Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.

HRS § 710-1024

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part III. Escape and Other Offenses Related to Custody

§ 710-1024. Bail jumping in the first degree

(1) A person commits the offense of bail jumping in the first degree if, having been released from custody by court order with or without bail, upon condition that the person will subsequently appear as ordered in connection with a charge of having committed a felony, the person knowingly fails to appear as ordered.

(2) Bail jumping in the first degree is a class C felony.

CREDIT(S)

Laws 1972, ch. 9, § 1; Laws 1993, ch. 10, § 1; Laws 2004, ch. 17, § 1.

Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.

HRS § 710-1025

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part III. Escape and Other Offenses Related to Custody

§ 710-1025. Bail jumping in the second degree

(1) A person commits the offense of bail jumping in the second degree if, having been released from custody by court order with or without bail, upon condition that the person will subsequently appear as ordered in connection with a charge of having committed a misdemeanor or a petty misdemeanor, the person knowingly fails to appear as ordered.

(2) Bail jumping in the second degree is a misdemeanor.

CREDIT(S)

Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1; Laws 2004, ch. 17, § 2.

Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.

HRS § 710-1026

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part III. Escape and Other Offenses Related to Custody

§ 710-1026. Resisting arrest

(1) A person commits the offense of resisting arrest if the person intentionally prevents a law enforcement officer acting under color of the law enforcement officer's official authority from effecting an arrest by:

(a) Using or threatening to use physical force against the law enforcement officer or another; or

(b) Using any other means creating a substantial risk of causing bodily injury to the law enforcement officer or another.

(2) Resisting arrest is a misdemeanor.

CREDIT(S)

Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1; Laws 2001, ch. 91, § 4.

Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.

HRS § 710-1027

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part III. Escape and Other Offenses Related to Custody

§ 710-1027. Resisting an order to stop a motor vehicle

(1) A person commits the offense of resisting an order to stop a motor vehicle if the person intentionally fails to obey a direction of a law enforcement officer, acting under color of the law enforcement officer's official authority, to stop the person's vehicle.

(2) Resisting an order to stop a motor vehicle is a misdemeanor.

CREDIT(S)

Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1; Laws 2001, ch. 91, § 4.

Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.

HRS § 710-1028

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part III. Escape and Other Offenses Related to Custody

§ 710-1028. Hindering prosecution; definition of rendering assistance

For the purposes of sections [710-1029 and 710-1030], a person renders assistance to another if he:

(1) Harbors or conceals such person;

(2) Warns such person of impending discovery, apprehension, prosecution, or conviction, except this does not apply to a warning given in connection with an effort to bring another into compliance with the law;

(3) Provides such person with money, transportation, weapon, disguise, or other means of avoiding discovery, apprehension, prosecution, or conviction;

(4) Prevents or obstructs, by means of force, deception, or intimidation, anyone from performing an act that might aid in the discovery, apprehension, prosecution, or conviction of such person; or

(5) Suppresses by an act of concealment, alteration, or destruction any physical evidence that might aid in the discovery, apprehension, prosecution, or conviction of such person.

CREDIT(S)

Laws 1972, ch. 9, § 1.

Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.

HRS § 710-1029

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part III. Escape and Other Offenses Related to Custody

§ 710-1029. Hindering prosecution in the first degree

(1) A person commits the offense of hindering prosecution in the first degree if, with the intent to hinder the apprehension, prosecution, conviction, or punishment of another for a class A, B, or C felony or murder in any degree, the person renders assistance to the other person.

(2) Hindering prosecution in the first degree is a class C felony.

CREDIT(S)

Laws 1972, ch. 9, § 1; Laws 1997, ch. 149, § 6.

Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.

HRS § 710-1030

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part III. Escape and Other Offenses Related to Custody

§ 710-1030. Hindering prosecution in the second degree

(1) A person commits the offense of hindering prosecution in the second degree if, with the intent to hinder the apprehension, prosecution, conviction, or punishment of another for a crime, he renders assistance to such person.

(2) Hindering prosecution in the second degree is a misdemeanor.

CREDIT(S)

Laws 1972, ch. 9, § 1.

Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.

HRS § 710-1031

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part III. Escape and Other Offenses Related to Custody

§ 710-1031. Intimidating a correctional worker

(1) A person commits the offense of intimidation of a correctional worker if the person uses force upon or a threat of force directed to a correctional worker, or the correctional worker's immediate family, with intent to influence such worker's conduct, decision, action or abstention from action as a correctional worker.

(2) “Correctional worker,” as used in this section means any employee of the State or any county who works in a correctional or detention facility, a court, a paroling authority or who by law has jurisdiction over any legally committed offender or any person placed on probation or parole.

(3) “Threat” as used in this section means any threat proscribed by section 707-764(1).

(4) Intimidation of a correctional worker is a Class B felony.

CREDIT(S)

Laws 1974, ch. 196, § 1; Laws 1980, ch. 267, § 1; Laws 1984, ch. 90, § 1.

Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.

W.S.A. 946.65

Effective:[See Text Amendments]

West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 946. Crimes Against Government and Its Administration (Refs & Annos)

Subchapter V. Other Crimes Affecting the Administration of Government

946.65. Obstructing justice

(1) Whoever for a consideration knowingly gives false information to any officer of any court with intent to influence the officer in the performance of official functions is guilty of a Class I felony.

(2) “Officer of any court” includes the judge, reporter, bailiff and district attorney.

<<For credits, see Historical Note field.>>

Current through 2013 Wisconsin Act 13, published 05/18/2013.

O.R.S. § 162.315

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Obstructing Governmental Administration

162.315. Resisting arrest

(1) A person commits the crime of resisting arrest if the person intentionally resists a person known by the person to be a peace officer or parole and probation officer in making an arrest.

(2) As used in this section:

(a) “Arrest” has the meaning given that term in ORS 133.005 and includes, but is not limited to, the booking process.

(b) “Parole and probation officer” has the meaning given that term in ORS 181.610.

(c) “Resists” means the use or threatened use of violence, physical force or any other means that creates a substantial risk of physical injury to any person and includes, but is not limited to, behavior clearly intended to prevent being taken into custody by overcoming the actions of the arresting officer. The behavior does not have to result in actual physical injury to an officer. Passive resistance does not constitute behavior intended to prevent being taken into custody.

(3) It is no defense to a prosecution under this section that the peace officer or parole and probation officer lacked legal authority to make the arrest or book the person, provided the officer was acting under color of official authority.

(4) Resisting arrest is a Class A misdemeanor.

CREDIT(S)

Laws 1971, c. 743, § 206; Laws 1989, c. 877, § 1; Laws 1997, c. 749, § 3; Laws 2005, c. 668, § 2.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

C.R.S.A. § 18-7-701

Effective: July 1, 2010

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 7. Offenses Relating to Morals (Refs & Annos)

Part 7. Sexual Conduct in a Correctional Institution

§ 18-7-701. Sexual conduct in a correctional institution

(1) An employee, contract employee, or volunteer of a correctional institution or an individual who performs work or volunteer functions in a correctional institution who engages in sexual conduct with a person who is in lawful custody in a correctional institution commits the offense of sexual conduct in a correctional institution.

(2) For purposes of this section:

(a) “Correctional institution” means a correctional facility, as defined in section 17-1-102(1.7), C.R.S., a local jail, as defined in section 17-1-102(7), C.R.S., operated by or under contract with the department of corrections, a jail, a facility operated by or under contract with the department of human services in which juveniles are or may be lawfully held for detention or commitment for the commission of a crime, or a facility of a community corrections program as defined in section 17-27-102(3), C.R.S.

(b) “Sexual conduct” means sexual contact as defined in section 18-3-401(4), sexual intrusion as defined in section 18-3-401(5), or sexual penetration as defined in section 18-3-401(6). “Sexual conduct” does not include acts of an employee of a correctional institution or a person who has custody of another person that are performed to carry out the necessary duties of the employee or the person with custody.

(3) Sexual conduct in a correctional institution is a class 5 felony if the sexual conduct includes sexual intrusion or sexual penetration and is committed by an employee or contract employee of a correctional institution or by an employee, contract employee, or individual who performs work functions in a correctional institution or for the department of corrections, the department of human services, or a community corrections program.

(4) Sexual conduct in a correctional institution is a class 6 felony if:

(a) The sexual conduct consists solely of sexual contact and is committed by an employee or contract employee of a correctional institution or by an employee, contract employee, or individual who performs work functions in a correctional institution or for the department of corrections, the department of human services, or a community corrections program;

(b) The sexual conduct includes sexual intrusion or sexual penetration and is committed by a volunteer.

(5) Sexual conduct in a correctional institution is a class 1 misdemeanor if the sexual conduct consists solely of sexual contact and is committed by a volunteer.

CREDIT(S)

Added by Laws 2000, Ch. 216, § 7, eff. July 1, 2000. Amended by Laws 2002, Ch. 155, § 1, eff. July 1, 2002; Laws 2010, Ch. 262, § 1, eff. July 1, 2010.

Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121

Title 9. Crimes Against Public Administration

Subtitle 3. Obstructing Justice

§ 9-301. Definitions

In general

(a) In this subtitle the following words have the meanings indicated.

Official proceeding

(b) “Official proceeding” includes a criminal trial, a hearing related to a criminal trial or adjudicatory hearing, a grand jury proceeding, and any other proceeding that is part of a criminal action or juvenile delinquency case.

Victim

(c) “Victim” means a person against whom a crime or delinquent act has been committed or attempted.

Witness

(d) “Witness” means a person who:

(1) has knowledge of the existence of facts relating to a crime or delinquent act;

(2) makes a declaration under oath that is received as evidence for any purpose;

(3) has reported a crime or delinquent act to a law enforcement officer, prosecutor, intake officer, correctional officer, or judicial officer; or

(4) has been served with a subpoena issued under the authority of a court of this State, any other state, or the United States.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2003, c. 21, § 1, eff. April 8, 2003; Acts 2005, c. 461, § 1, eff. Oct. 1, 2005.

Formerly Art. 27, § 760.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 9-302

Formerly cited as MD CODE Art. 27, § 761

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 9. Crimes Against Public Administration

Subtitle 3. Obstructing Justice

§ 9-302. Inducing false testimony or avoidance of subpoena

Prohibited--In general

(a) A person may not harm another, threaten to harm another, or damage or destroy property with the intent to:

(1) influence a victim or witness to testify falsely or withhold testimony; or

(2) induce a victim or witness:

(i) to avoid the service of a subpoena or summons to testify;

(ii) to be absent from an official proceeding to which the victim or witness has been subpoenaed or summoned; or

(iii) not to report the existence of facts relating to a crime or delinquent act.

Prohibited--Solicitation

(b) A person may not solicit another person to harm another, threaten to harm another, or damage or destroy property with the intent to:

(1) influence a victim or witness to testify falsely or withhold testimony; or

(2) induce a victim or witness:

(i) to avoid the service of a subpoena or summons to testify;

(ii) to be absent from an official proceeding to which the victim or witness has been subpoenaed or summoned; or

(iii) not to report the existence of facts relating to a crime or delinquent act.

Penalty

(c)(1) Except as provided in paragraph (2) of this subsection, a person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.

(2) If the testimony, subpoena, official proceeding, or report involving the victim or witness relates to a felonious violation of Title 5 of this article or the commission of a crime of violence as defined in § 14-101 of this article, or a conspiracy or solicitation to commit such a crime, a person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years.

Sentencing

(d) A sentence imposed under this section may be separate from and consecutive to or concurrent with a sentence for any crime based on the act establishing the violation of this section.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2005, c. 461, § 1, eff. Oct. 1, 2005.

Formerly Art. 27, § 761.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 9-303

Formerly cited as MD CODE Art. 27, § 762

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 9. Crimes Against Public Administration

Subtitle 3. Obstructing Justice

§ 9-303. Retaliation for testimony

Prohibited--In general

(a) A person may not intentionally harm another, threaten to harm another, or damage or destroy property with the intent of retaliating against a victim or witness for:

(1) giving testimony in an official proceeding; or

(2) reporting a crime or delinquent act.

Prohibited--Solicitation

(b) A person may not solicit another person to intentionally harm another, threaten to harm another, or damage or destroy property with the intent of retaliating against a victim or witness for:

(1) giving testimony in an official proceeding; or

(2) reporting a crime or delinquent act.

Penalty

(c)(1) Except as provided in paragraph (2) of this subsection, a person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.

(2) If the official proceeding or report described in subsection (a) of this section relates to a felonious violation of Title 5 of this article or the commission of a crime of violence as defined in § 14-101 of this article, or a conspiracy or solicitation to commit such a crime, a person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years.

Sentencing

(d) A sentence imposed under this section may be separate from and consecutive to or concurrent with a sentence for any crime based on the act establishing the violation of this section.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2005, c. 461, § 1, eff. Oct. 1, 2005.

Formerly Art. 27, § 762.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 9-304

Formerly cited as MD CODE Art. 27, § 760

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 9. Crimes Against Public Administration

Subtitle 3. Obstructing Justice

§ 9-304. Court to prevent intimidation of victim or witness

In general

(a) A finding of good cause under this section may be based on any relevant evidence including credible hearsay.

Good cause

(b)(1) For good cause shown, a court with jurisdiction over a criminal matter or juvenile delinquency case may pass an order that is reasonably necessary to stop or prevent:

(i) the intimidation of a victim or witness; or

(ii) a violation of this subtitle.

(2) The order may:

(i) prohibit a person from violating this subtitle;

(ii) require an individual to maintain a certain physical distance from another person specified by the court;

(iii) prohibit a person from communicating with another individual specified by the court, except through an attorney or other individual specified by the court; and

(iv) impose other reasonable conditions to ensure the safety of a victim or witness.

(3) The court may hold a hearing to determine if an order should be issued under this subsection.

Enforcement

(c)(1) The court may use its contempt power to enforce an order issued under this section.

(2) The court may revoke the pretrial release of a defendant or child respondent to ensure the safety of a victim or witness or the integrity of the judicial process if the defendant or child respondent violates an order passed under this section.

Conditions of pretrial release

(d) A District Court commissioner or an intake officer, as defined in § 3-8A-01 of the Courts Article, may impose for good cause shown a condition described in subsection (b)(2) of this section as a condition of the pretrial release of a defendant or child respondent.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 763.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 9-305

Formerly cited as MD CODE Art. 27, § 26

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 9. Crimes Against Public Administration

Subtitle 3. Obstructing Justice

§ 9-305. Intimidating or corrupting juror

Prohibited--In general

(a) A person may not, by threat, force, or corrupt means, try to influence, intimidate, or impede a juror, a witness, or an officer of a court of the State or of the United States in the performance of the person's official duties.

Prohibited--Solicitation

(b) A person may not solicit another person to, by threat, force, or corrupt means, try to influence, intimidate, or impede a juror, a witness, or an officer of the court of the State or of the United States in the performance of the person's official duties.

Penalty

(c)(1) Except as provided in paragraph (2) of this subsection, a person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.

(2) If an act described in subsection (a) of this section is taken in connection with a proceeding involving a felonious violation of Title 5 of this article or the commission of a crime of violence as defined in § 14-101 of this article, or a conspiracy or solicitation to commit such a crime, a person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years.

Sentencing

(d) A sentence imposed under this section may be separate from and consecutive to or concurrent with a sentence for any crime based on the act establishing the violation of this section.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2005, c. 461, § 1, eff. Oct. 1, 2005.

Formerly Art. 27, § 26.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 9-306

Formerly cited as MD CODE Art. 27, § 26

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 9. Crimes Against Public Administration

Subtitle 3. Obstructing Justice

§ 9-306. Obstruction of justice

Prohibited

(a) A person may not, by threat, force, or corrupt means, obstruct, impede, or try to obstruct or impede the administration of justice in a court of the State.

Penalty

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 26.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 9-401

Formerly cited as MD CODE Art. 27, § 136; MD CODE Art. 27, § 268E

Effective: October 1, 2010

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 9. Crimes Against Public Administration

Subtitle 4. Harboring, Escape, and Contraband

Part I. Harboring and Escape

§ 9-401. Definitions

In general

(a) In this subtitle the following words have the meanings indicated.

Concealment

(b) “Concealment” means hiding, secreting, or keeping out of sight.

Escape

(c) “Escape” retains its judicially determined meaning.

Fugitive

(d) “Fugitive” means an individual for whom a felony arrest warrant has been issued and is outstanding.

Harbor

(e)(1) “Harbor” includes offering a fugitive or escaped inmate:

(i) concealment;

(ii) lodging;

(iii) care after concealment; or

(iv) obstruction of an effort of an authority to arrest the fugitive or escaped inmate.

(2) “Harbor” does not include failing to reveal the whereabouts of a fugitive or an escaped inmate by a person who did not participate in the effort of the fugitive or escaped inmate to elude arrest.

Hardware secure facility

(f) “Hardware secure facility” means a facility that is securely locked or fenced to prevent escape.

Place of confinement

(g)(1) “Place of confinement” means:

(i) a correctional facility;

(ii) a facility of the Department of Health and Mental Hygiene; or

(iii) any other facility in which a person is confined under color of law.

(2) “Place of confinement” does not include:

(i) a detention center for juveniles;

(ii) a facility for juveniles listed in § 9-226(b) of the Human Services Article;

(iii) a place identified in a juvenile community detention order; or

(iv) a privately operated, hardware secure facility for juveniles committed to the Department of Juvenile Services.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2002, c. 406, § 1, eff. Oct. 1, 2002; Acts 2004, c. 358, § 1, eff. Oct. 1, 2004; Acts 2007, c. 8, § 1, eff. Oct. 1, 2007; Acts 2010, c. 123, § 1, eff. Oct. 1, 2010.

Formerly Art. 27, §§ 136, 268E.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 9-402

Formerly cited as MD CODE Art. 27, § 268F

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 9. Crimes Against Public Administration

Subtitle 4. Harboring, Escape, and Contraband

Part I. Harboring and Escape

§ 9-402. Harboring fugitive

Scope of section

(a) This section does not apply if the warrant is for a traffic offense.

Prohibited--To prevent arrest

(b) A person may not harbor a fugitive to prevent the fugitive's discovery or arrest after:

(1) being notified, or otherwise knowing, that a felony warrant was issued for the arrest of the fugitive; and

(2) being notified that harboring the fugitive is a crime.

Prohibited--To avoid prosecution, custody, or confinement

(c) A person may not knowingly harbor a fugitive who is avoiding:

(1) prosecution;

(2) custody; or

(3) confinement after conviction of a felony.

Penalty

(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 268F.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 9-403

Formerly cited as MD CODE Art. 27, § 268G

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 9. Crimes Against Public Administration

Subtitle 4. Harboring, Escape, and Contraband

Part I. Harboring and Escape

§ 9-403. Harboring escaped inmate

Prohibited

(a) A person may not willfully harbor an inmate, who was imprisoned for a felony and who escaped from the custody of the Division of Correction or other correctional unit to which the inmate has been committed, after:

(1) being notified, or otherwise knowing, that the inmate escaped; and

(2) being notified that harboring the inmate is a crime.

Penalty

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 268G.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 9-404

Formerly cited as MD CODE Art. 27, § 137

Effective: October 1, 2010

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 9. Crimes Against Public Administration

Subtitle 4. Harboring, Escape, and Contraband

Part I. Harboring and Escape

§ 9-404. Escape in the first degree

Prohibited--In general

(a) A person may not knowingly escape from a place of confinement.

Prohibited--From juvenile facility with assault

(b) A person may not:

(1) escape from:

(i) a detention center for juveniles;

(ii) a facility for juveniles listed in § 9-226(b) of the Human Services Article;

(iii) a place identified in a juvenile community detention order; or

(iv) a privately operated, hardware secure facility for juveniles committed to the Department of Juvenile Services; and

(2) in the course of the escape commit an assault.

Penalty

(c) A person who violates this section is guilty of the felony of escape in the first degree and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $20,000 or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2004, c. 358, § 1, eff. Oct. 1, 2004; Acts 2007, c. 8, § 1, eff. Oct. 1, 2007; Acts 2010, c. 123, § 1, eff. Oct. 1, 2010.

Formerly Art. 27, § 137.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 9-405

Formerly cited as MD CODE Art. 27, § 137A

Effective: October 1, 2010

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 9. Crimes Against Public Administration

Subtitle 4. Harboring, Escape, and Contraband

Part I. Harboring and Escape

§ 9-405. Escape in the second degree

Prohibited--In general

(a)(1) A person who has been lawfully arrested may not knowingly depart from custody without the authorization of a law enforcement or judicial officer.

(2) A person may not knowingly fail to obey a court order to report to a place of confinement.

(3) A person may not escape from:

(i) except as otherwise punishable under § 9-404(b) of this subtitle, a detention center for juveniles or a facility for juveniles listed in § 9-226(b) of the Human Services Article;

(ii) a place identified in a home detention order or agreement;

(iii) a place identified in a juvenile community detention order; or

(iv) a privately operated, hardware secure facility for juveniles committed to the Department of Juvenile Services.

Prohibited--Restrictions

(b)(1) This subsection applies to a person who is:

(i) temporarily released from a place of confinement;

(ii) committed to a pretrial agency;

(iii) committed to home detention by:

1. the court; or

2. the Division of Correction under Title 3, Subtitle 4 of the Correctional Services Article;

(iv) committed to a home detention program administered by a county;

(v) committed to a private home detention monitoring agency as defined in § 20-101 of the Business Occupations and Professions Article; or

(vi) ordered by a court to serve a term of custodial confinement as defined in § 6-219 of the Criminal Procedure Article as a condition of a suspended sentence or probation before or after judgment.

(2) A person may not knowingly:

(i) violate any restriction on movement imposed under the terms of a temporary release, pretrial commitment, custodial confinement, or home detention order or agreement;

(ii) fail to return to a place of confinement under the terms of a temporary release, pretrial commitment, custodial confinement, or home detention order or agreement; or

(iii) remove, block, deactivate, or otherwise tamper with a monitoring device required to be worn or carried by the person to track the person's location, including an ankle or wrist bracelet, global position satellite offender tracking technology, or comparable equipment or system.

Penalty

(c) A person who violates this section is guilty of the misdemeanor of escape in the second degree and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2002, c. 406, § 1, eff. Oct. 1, 2002; Acts 2004, c. 358, § 1, eff. Oct. 1, 2004; Acts 2007, c. 8, § 1, eff. Oct. 1, 2007; Acts 2010, c. 123, § 1, eff. Oct. 1, 2010.

Formerly Art. 27, § 137A.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 9-406

Formerly cited as MD CODE Art. 27, § 139

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 9. Crimes Against Public Administration

Subtitle 4. Harboring, Escape, and Contraband

Part I. Harboring and Escape

§ 9-406. Escape--Voluntary intoxication not a defense

Voluntary intoxication is not a defense to a charge of escape under this subtitle.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 139.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 9-407

Formerly cited as MD CODE Art. 27, § 139

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 9. Crimes Against Public Administration

Subtitle 4. Harboring, Escape, and Contraband

Part I. Harboring and Escape

§ 9-407. Escape--Sentencing terms

A sentence imposed for a violation of § 9-404 or § 9-405 of this subtitle:

(1) shall be consecutive to any term of confinement being served or to be served at the time of the escape;

(2) may not be suspended; and

(3) may include the entry of a judgment for all reasonable expenses incurred in returning the person to the place of confinement if the person has received timely notice of and an opportunity to contest the accuracy of the expenses allegedly owed.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 139.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 9-408

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 9. Crimes Against Public Administration

Subtitle 4. Harboring, Escape, and Contraband

Part I. Harboring and Escape

§ 9-408. Resisting arrest

Definitions

(a) In this section, “police officer” means an individual who is authorized to make an arrest under Title 2 of the Criminal Procedure Article.

Prohibited

(b) A person may not intentionally:

(1) resist a lawful arrest; or

(2) interfere with an individual who the person has reason to know is a police officer who is making or attempting to make a lawful arrest or detention of another person.

Penalties

(c) A person who violates this section is guilty of a misdemeanor and is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.

Unit of prosecution

(d) The unit of prosecution for a violation of this section is based on the arrest or detention regardless of the number of police officers involved in the arrest or detention.

CREDIT(S)

Added by Acts 2004, c. 118, § 1, eff. Oct. 1, 2004; Acts 2004, c. 119, § 1, eff. Oct. 1, 2004.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 9-409

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 9. Crimes Against Public Administration

Subtitle 4. Harboring, Escape, and Contraband

Part I. Harboring and Escape

§ 9-409. Reserved

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 9-410

Formerly cited as MD CODE Art. 27, § 138

Effective: August 1, 2012

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 9. Crimes Against Public Administration

Subtitle 4. Harboring, Escape, and Contraband

Part II. Contraband--Places of Confinement

§ 9-410. Definitions

In general

(a) In this part the following words have the meanings indicated.

Alcoholic beverage

(b) “Alcoholic beverage” means beer, wine, or distilled spirits.

Contraband

(c) “Contraband” means any item, material, substance, or other thing that:

(1) is not authorized for inmate possession by the managing official; or

(2) is brought into the correctional facility in a manner prohibited by the managing official.

Controlled dangerous substance

(d) “Controlled dangerous substance” has the meaning stated in § 5-101 of this article.

Managing official

(e) “Managing official” means the administrator, director, warden, superintendent, sheriff, or other individual responsible for the management of a place of confinement.

Place of confinement

(f)(1) “Place of confinement” means:

(i) a correctional facility;

(ii) a facility of the Department of Health and Mental Hygiene;

(iii) a detention center for juveniles;

(iv) a facility for juveniles listed in § 9-226(b) of the Human Services Article;

(v) a place identified in a juvenile community detention order; or

(vi) any other facility in which a person is confined under color of law.

(2) “Place of confinement” does not include a place identified in a home detention order or agreement.

Telecommunication device

(g)(1) “Telecommunication device” means:

(i) a device that is able to transmit telephonic, electronic, digital, cellular, or radio communications; or

(ii) a part of a device that is able to transmit telephonic, electronic, digital, cellular, or radio communications, regardless of whether the part itself is able to transmit.

(2) “Telecommunication device” includes a cellular telephone, digital telephone, picture telephone, and modem equipped device.

Weapon

(h) “Weapon” means a gun, knife, club, explosive, or other article that can be used to kill or inflict bodily injury.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2002, c. 41, § 1, eff. Oct. 1, 2002; Acts 2004, c. 358, § 1, eff. Oct. 1, 2004; Acts 2007, c. 535, § 2, eff. Oct. 1, 2007; Acts 2007, c. 536, § 2, eff. Oct. 1, 2007; Acts 2007, c. 8, § 1, eff. Oct. 1, 2007.

Formerly Art. 27, § 138.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 9-411

Formerly cited as MD CODE Art. 27, § 138

Effective:[See Text Amendments]

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 9. Crimes Against Public Administration

Subtitle 4. Harboring, Escape, and Contraband

Part II. Contraband--Places of Confinement

§ 9-411. Scope of part

This part does not apply to a drug or substance that is legally possessed by an individual under a written prescription issued by a person authorized by law and designated by the managing official to prescribe inmate medication.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 138.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 9-412

Formerly cited as MD CODE Art. 27, § 138

Effective: October 1, 2007

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 9. Crimes Against Public Administration

Subtitle 4. Harboring, Escape, and Contraband

Part II. Contraband--Places of Confinement

§ 9-412. Contraband--In general

Prohibited

(a) A person may not:

(1) deliver any contraband to a person detained or confined in a place of confinement;

(2) possess any contraband with intent to deliver it to a person detained or confined in a place of confinement; or

(3) knowingly possess contraband in a place of confinement.

Penalty

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2007, c. 535, § 2, eff. Oct. 1, 2007; Acts 2007, c. 536, § 2, eff. Oct. 1, 2007.

Formerly Art. 27, § 138.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 9-413

Formerly cited as MD CODE Art. 27, § 138

Effective: October 1, 2007

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 9. Crimes Against Public Administration

Subtitle 4. Harboring, Escape, and Contraband

Part II. Contraband--Places of Confinement

§ 9-413. Contraband--For escape

Prohibited

(a)(1) A person may not deliver contraband to a person detained or confined in a place of confinement with the intent to effect an escape.

(2) A person may not possess contraband with the intent to deliver it to a person detained or confined in a place of confinement to effect an escape.

(3) A person may not deposit or conceal any contraband in or about a place of confinement or on any land appurtenant to the place of confinement to effect an escape.

(4) A person detained or confined in a place of confinement may not knowingly possess or receive contraband to effect an escape.

Penalty

(b) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $5,000 or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2007, c. 535, § 2, eff. Oct. 1, 2007; Acts 2007, c. 536, § 2, eff. Oct. 1, 2007.

Formerly Art. 27, § 138.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 9-414

Formerly cited as MD CODE Art. 27, § 138

Effective: October 1, 2007

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 9. Crimes Against Public Administration

Subtitle 4. Harboring, Escape, and Contraband

Part II. Contraband--Places of Confinement

§ 9-414. Contraband--Weapon

Prohibited

(a)(1) A person may not deliver a weapon to a person detained or confined in a place of confinement.

(2) A person may not possess a weapon with the intent to deliver it to a person detained or confined in a place of confinement.

(3) A person may not deposit or conceal a weapon in or about a place of confinement or on any land appurtenant to the place of confinement to effect an escape.

(4) A person detained or confined in a place of confinement may not knowingly possess or receive a weapon.

Penalty

(b) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $5,000 or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2007, c. 535, § 2, eff. Oct. 1, 2007; Acts 2007, c. 536, § 2, eff. Oct. 1, 2007.

Formerly Art. 27, § 138.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 9-415

Formerly cited as MD CODE Art. 27, § 138

Effective: October 1, 2007

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 9. Crimes Against Public Administration

Subtitle 4. Harboring, Escape, and Contraband

Part II. Contraband--Places of Confinement

§ 9-415. Contraband--Alcoholic beverage

Scope of section

(a) This section does not apply to an alcoholic beverage delivered or possessed in a manner authorized by the managing official.

Prohibited

(b) A person may not:

(1) deliver an alcoholic beverage to a person detained or confined in a place of confinement; or

(2) possess an alcoholic beverage with the intent to deliver it to a person detained or confined in a place of confinement.

Alcoholic beverage restriction

(c) A person detained or confined in a place of confinement may not knowingly possess or receive an alcoholic beverage.

Penalty

(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2007, c. 535, § 2, eff. Oct. 1, 2007; Acts 2007, c. 536, § 2, eff. Oct. 1, 2007.

Formerly Art. 27, § 138.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 9-416

Formerly cited as MD CODE Art. 27, § 138

Effective: October 1, 2007

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 9. Crimes Against Public Administration

Subtitle 4. Harboring, Escape, and Contraband

Part II. Contraband--Places of Confinement

§ 9-416. Contraband--Controlled dangerous substance

Prohibited

(a) A person may not:

(1) deliver a controlled dangerous substance to a person detained or confined in a place of confinement; or

(2) possess a controlled dangerous substance with the intent to deliver it to a person detained or confined in a place of confinement.

Controlled substances prohibited

(b) A person detained or confined in a place of confinement may not knowingly possess or receive a controlled dangerous substance.

Penalty

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2007, c. 535, § 2, eff. Oct. 1, 2007; Acts 2007, c. 536, § 2, eff. Oct. 1, 2007.

Formerly Art. 27, § 138.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 9-417

Effective: October 1, 2007

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 9. Crimes Against Public Administration

Subtitle 4. Harboring, Escape, and Contraband

Part II. Contraband--Places of Confinement

§ 9-417. Telecommunication devices; when prohibited

Prohibited

(a)(1) A person may not deliver a telecommunication device to a person detained or confined in a place of confinement with signs posted indicating that such conduct is prohibited.

(2) A person may not possess a telecommunication device with the intent to deliver it to a person detained or confined in a place of confinement with signs posted indicating that such conduct is prohibited.

(3) A person may not deposit or conceal a telecommunication device in or about a place of confinement with signs posted indicating that such conduct is prohibited or on any land appurtenant to the place of confinement with the intent that it be obtained by a person detained or confined in the place of confinement.

(4) A person detained or confined in a place of confinement may not knowingly possess or receive a telecommunication device.

Penalty

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both.

CREDIT(S)

Added by Acts 2007, c. 535, § 2, eff. Oct. 1, 2007; Acts 2007, c. 536, § 2, eff. Oct. 1, 2007.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

MD Code, Criminal Law, § 9-418

Formerly cited as MD CODE Art. 27, § 138; MD Criminal Law § 9-417

Effective: October 1, 2007

West's Annotated Code of Maryland Currentness

Criminal Law (Refs & Annos)

Title 9. Crimes Against Public Administration

Subtitle 4. Harboring, Escape, and Contraband

Part II. Contraband--Places of Confinement

§ 9-418. Separate sentence

A sentence imposed under this part may be separate from and consecutive to or concurrent with a sentence for any crime based on the act establishing the crime under this part.

CREDIT(S)

Added as Criminal Law § 9-417 by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Renumbered as Criminal Law § 9-418 by Acts 2007, c. 535, § 1, eff. Oct. 1, 2007; Acts 2007, c. 536, § 1, eff. Oct. 1, 2007.

Formerly Art. 27, § 138.

The statutes and Constitution are current through all chapters of the 2013 Regular Session of the General Assembly, effective through June 1, 2013.

Effective: July 26, 2009

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)

Chapter 9A.76. Obstructing Governmental Operation (Refs & Annos)

9A.76.010. Definitions

The following definitions are applicable in this chapter unless the context otherwise requires:

(1) “Contraband” means any article or thing which a person confined in a detention facility is prohibited from obtaining or possessing by statute, rule, regulation, or order of a court;

(2) “Custody” means restraint pursuant to a lawful arrest or an order of a court, or any period of service on a work crew: PROVIDED, That custody pursuant to chapter 13.34 RCW and RCW *74.13.020 and 74.13.031 and chapter 13.32A RCW shall not be deemed custody for purposes of this chapter;

(3) “Detention facility” means any place used for the confinement of a person (a) arrested for, charged with or convicted of an offense, or (b) charged with being or adjudicated to be a juvenile offender as defined in RCW 13.40.020 as now existing or hereafter amended, or (c) held for extradition or as a material witness, or (d) otherwise confined pursuant to an order of a court, except an order under chapter 13.34 RCW or chapter 13.32A RCW, or (e) in any work release, furlough, or other such facility or program;

(4) “Uncontrollable circumstances” means an act of nature such as a flood, earthquake, or fire, or a medical condition that requires immediate hospitalization or treatment, or an act of a human being such as an automobile accident or threats of death, forcible sexual attack, or substantial bodily injury in the immediate future for which there is no time for a complaint to the authorities and no time or opportunity to resort to the courts.

CREDIT(S)

[2009 c 549 § 1003, eff. July 26, 2009; 2001 c 264 § 4; 1991 c 181 § 6; 1979 c 155 § 35; 1977 ex.s. c 291 § 53; 1975 1st ex.s. c 260 § 9A.76.010.]

Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.76.020

Effective:[See Text Amendments]

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)

Chapter 9A.76. Obstructing Governmental Operation (Refs & Annos)

9A.76.020. Obstructing a law enforcement officer

(1) A person is guilty of obstructing a law enforcement officer if the person willfully hinders, delays, or obstructs any law enforcement officer in the discharge of his or her official powers or duties.

(2) “Law enforcement officer” means any general authority, limited authority, or specially commissioned Washington peace officer or federal peace officer as those terms are defined in RCW 10.93.020, and other public officers who are responsible for enforcement of fire, building, zoning, and life and safety codes.

(3) Obstructing a law enforcement officer is a gross misdemeanor.

CREDIT(S)

[2001 c 308 § 3. Prior: 1995 c 285 § 33; 1994 c 196 § 1; 1975 1st ex.s. c 260 § 9A.76.020.]

Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.76.023

Effective:[See Text Amendments]

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)

Chapter 9A.76. Obstructing Governmental Operation (Refs & Annos)

9A.76.023. Disarming a law enforcement or corrections officer

(1) A person is guilty of disarming a law enforcement officer if with intent to interfere with the performance of the officer's duties the person knowingly removes a firearm or weapon from the person of a law enforcement officer or corrections officer or deprives a law enforcement officer or corrections officer of the use of a firearm or weapon, when the officer is acting within the scope of the officer's duties, does not consent to the removal, and the person has reasonable cause to know or knows that the individual is a law enforcement or corrections officer.

(2)(a) Except as provided in (b) of this subsection, disarming a law enforcement or corrections officer is a class C felony.

(b) Disarming a law enforcement or corrections officer is a class B felony if the firearm involved is discharged when the person removes the firearm.

CREDIT(S)

[2003 c 53 § 82, eff. July 1, 2004; 1998 c 252 § 1.]

Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.76.025

Effective:[See Text Amendments]

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)

Chapter 9A.76. Obstructing Governmental Operation (Refs & Annos)

9A.76.025. Disarming a law enforcement or corrections officer--Commission of another crime

A person who commits another crime during the commission of the crime of disarming a law enforcement or corrections officer may be punished for the other crime as well as for disarming a law enforcement officer and may be prosecuted separately for each crime.

CREDIT(S)

[1998 c 252 § 2.]

Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.76.027

Effective:[See Text Amendments]

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)

Chapter 9A.76. Obstructing Governmental Operation (Refs & Annos)

9A.76.027. Law enforcement or corrections officer engaged in criminal conduct

RCW 9A.76.023 and 9A.76.025 do not apply when the law enforcement officer or corrections officer is engaged in criminal conduct.

CREDIT(S)

[1998 c 252 § 3.]

Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.76.030

Effective: July 22, 2011

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)

Chapter 9A.76. Obstructing Governmental Operation (Refs & Annos)

9A.76.030. Refusing to summon aid for a peace officer

(1) A person is guilty of refusing to summon aid for a peace officer if, upon request by a person he or she knows to be a peace officer, he or she unreasonably refuses or fails to summon aid for such peace officer.

(2) Refusing to summon aid for a peace officer is a misdemeanor.

CREDIT(S)

[2011 c 336 § 398, eff. July 22, 2011; 1975 1st ex.s. c 260 § 9A.76.030.]

Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.76.040

Effective: July 22, 2011

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)

Chapter 9A.76. Obstructing Governmental Operation (Refs & Annos)

9A.76.040. Resisting arrest

(1) A person is guilty of resisting arrest if he or she intentionally prevents or attempts to prevent a peace officer from lawfully arresting him or her.

(2) Resisting arrest is a misdemeanor.

CREDIT(S)

[2011 c 336 § 399, eff. July 22, 2011; 1975 1st ex.s. c 260 § 9A.76.040.]

Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.76.050

Effective: July 22, 2011

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)

Chapter 9A.76. Obstructing Governmental Operation (Refs & Annos)

9A.76.050. Rendering criminal assistance--Definition of term

As used in RCW 9A.76.070, 9A.76.080, and 9A.76.090, a person “renders criminal assistance” if, with intent to prevent, hinder, or delay the apprehension or prosecution of another person who he or she knows has committed a crime or juvenile offense or is being sought by law enforcement officials for the commission of a crime or juvenile offense or has escaped from a detention facility, he or she:

(1) Harbors or conceals such person; or

(2) Warns such person of impending discovery or apprehension; or

(3) Provides such person with money, transportation, disguise, or other means of avoiding discovery or apprehension; or

(4) Prevents or obstructs, by use of force, deception, or threat, anyone from performing an act that might aid in the discovery or apprehension of such person; or

(5) Conceals, alters, or destroys any physical evidence that might aid in the discovery or apprehension of such person; or

(6) Provides such person with a weapon.

CREDIT(S)

[2011 c 336 § 400, eff. July 22, 2011; 1982 1st ex.s. c 47 § 20; 1975 1st ex.s. c 260 § 9A.76.050.]

Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.76.060

Effective:[See Text Amendments]

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)

Chapter 9A.76. Obstructing Governmental Operation (Refs & Annos)

9A.76.060. Relative defined

As used in RCW 9A.76.070 and 9A.76.080, “relative” means a person:

(1) Who is related as husband or wife, brother or sister, parent or grandparent, child or grandchild, stepchild or stepparent to the person to whom criminal assistance is rendered; and

(2) Who does not render criminal assistance to another person in one or more of the means defined in subsections (4), (5), or (6) of RCW 9A.76.050.

CREDIT(S)

[1975 1st ex.s. c 260 § 9A.76.060.]

Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.76.070

Effective: June 10, 2010

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)

Chapter 9A.76. Obstructing Governmental Operation (Refs & Annos)

9A.76.070. Rendering criminal assistance in the first degree

(1) A person is guilty of rendering criminal assistance in the first degree if he or she renders criminal assistance to a person who has committed or is being sought for murder in the first degree or any class A felony or equivalent juvenile offense.

(2)(a) Except as provided in (b) of this subsection, rendering criminal assistance in the first degree is a class B felony.

(b) Rendering criminal assistance in the first degree is a gross misdemeanor if it is established by a preponderance of the evidence that the actor is a relative as defined in RCW 9A.76.060 and under the age of eighteen at the time of the offense.

CREDIT(S)

[2010 c 255 § 1, eff. June 10, 2010; 2003 c 53 § 83, eff. July 1, 2004; 1982 1st ex.s. c 47 § 21; 1975 1st ex.s. c 260 § 9A.76.070.]

Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.76.080

Effective:[See Text Amendments]

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)

Chapter 9A.76. Obstructing Governmental Operation (Refs & Annos)

9A.76.080. Rendering criminal assistance in the second degree

(1) A person is guilty of rendering criminal assistance in the second degree if he or she renders criminal assistance to a person who has committed or is being sought for a class B or class C felony or an equivalent juvenile offense or to someone being sought for violation of parole, probation, or community supervision.

(2)(a) Except as provided in (b) of this subsection, rendering criminal assistance in the second degree is a gross misdemeanor.

(b) Rendering criminal assistance in the second degree is a misdemeanor if it is established by a preponderance of the evidence that the actor is a relative as defined in RCW 9A.76.060.

CREDIT(S)

[2003 c 53 § 84, eff. July 1, 2004; 1982 1st ex.s. c 47 § 22; 1975 1st ex.s. c 260 § 9A.76.080.]

Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.76.090

Effective: July 22, 2011

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)

Chapter 9A.76. Obstructing Governmental Operation (Refs & Annos)

9A.76.090. Rendering criminal assistance in the third degree

(1) A person is guilty of rendering criminal assistance in the third degree if he or she renders criminal assistance to a person who has committed a gross misdemeanor or misdemeanor.

(2) Rendering criminal assistance in the third degree is a misdemeanor.

CREDIT(S)

[2011 c 336 § 401, eff. July 22, 2011; 1975 1st ex.s. c 260 § 9A.76.090.]

Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.76.100

Effective: July 22, 2011

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)

Chapter 9A.76. Obstructing Governmental Operation (Refs & Annos)

9A.76.100. Compounding

(1) A person is guilty of compounding if:

(a) He or she requests, accepts, or agrees to accept any pecuniary benefit pursuant to an agreement or understanding that he or she will refrain from initiating a prosecution for a crime; or

(b) He or she confers, or offers or agrees to confer, any pecuniary benefit upon another pursuant to an agreement or understanding that such other person will refrain from initiating a prosecution for a crime.

(2) In any prosecution under this section, it is a defense if established by a preponderance of the evidence that the pecuniary benefit did not exceed an amount which the defendant reasonably believed to be due as restitution or indemnification for harm caused by the crime.

(3) Compounding is a gross misdemeanor.

CREDIT(S)

[2011 c 336 § 402, eff. July 22, 2011; 1975 1st ex.s. c 260 § 9A.76.100.]

Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.76.110

Effective:[See Text Amendments]

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)

Chapter 9A.76. Obstructing Governmental Operation (Refs & Annos)

9A.76.110. Escape in the first degree

(1) A person is guilty of escape in the first degree if he or she knowingly escapes from custody or a detention facility while being detained pursuant to a conviction of a felony or an equivalent juvenile offense.

(2) It is an affirmative defense to a prosecution under this section that uncontrollable circumstances prevented the person from remaining in custody or in the detention facility or from returning to custody or to the detention facility, and that the person did not contribute to the creation of such circumstances in reckless disregard of the requirement to remain or return, and that the person returned to custody or the detention facility as soon as such circumstances ceased to exist.

(3) Escape in the first degree is a class B felony.

CREDIT(S)

[2001 c 264 § 1; 1982 1st ex.s. c 47 § 23; 1975 1st ex.s. c 260 § 9A.76.110.]

Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.76.115

Effective: August 1, 2009

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)

Chapter 9A.76. Obstructing Governmental Operation (Refs & Annos)

9A.76.115. Sexually violent predator escape

(1) A person is guilty of sexually violent predator escape if:

(a) Having been found to be a sexually violent predator and confined to the special commitment center or another secure facility under court order, the person escapes from the secure facility;

(b) Having been found to be a sexually violent predator and being under an order of conditional release, the person leaves or remains absent from the state of Washington without prior court authorization; or

(c) Having been found to be a sexually violent predator and being under an order of conditional release, the person: (i) Without authorization, leaves or remains absent from his or her residence, place of employment, educational institution, or authorized outing; (ii) tampers with his or her electronic monitoring device or removes it without authorization; or (iii) escapes from his or her escort.

(2) Sexually violent predator escape is a class A felony with a minimum sentence of sixty months, and shall be sentenced under RCW 9.94A.507.

CREDIT(S)

[2009 c 28 § 32, eff. Aug. 1, 2009; 2001 2nd sp.s. c 12 § 360; 2001 c 287 § 1.]

Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.76.120

Effective:[See Text Amendments]

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)

Chapter 9A.76. Obstructing Governmental Operation (Refs & Annos)

9A.76.120. Escape in the second degree

(1) A person is guilty of escape in the second degree if:

(a) He or she knowingly escapes from a detention facility; or

(b) Having been charged with a felony or an equivalent juvenile offense, he or she knowingly escapes from custody; or

(c) Having been committed under chapter 10.77 RCW for a sex, violent, or felony harassment offense and being under an order of conditional release, he or she knowingly leaves or remains absent from the state of Washington without prior court authorization.

(2) It is an affirmative defense to a prosecution under this section that uncontrollable circumstances prevented the person from remaining in custody or in the detention facility or from returning to custody or to the detention facility, and that the person did not contribute to the creation of such circumstances in reckless disregard of the requirement to remain or return, and that the person returned to custody or the detention facility as soon as such circumstances ceased to exist.

(3) Escape in the second degree is a class C felony.

CREDIT(S)

[2001 c 287 § 2; 2001 c 264 § 2; 1995 c 216 § 15; 1982 1st ex.s. c 47 § 24; 1975 1st ex.s. c 260 § 9A.76.120.]

Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.76.130

Effective: July 22, 2011

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)

Chapter 9A.76. Obstructing Governmental Operation (Refs & Annos)

9A.76.130. Escape in the third degree

(1) A person is guilty of escape in the third degree if he or she escapes from custody.

(2) Escape in the third degree is a gross misdemeanor.

CREDIT(S)

[2011 c 336 § 403, eff. July 22, 2011; 1975 1st ex.s. c 260 § 9A.76.130.]

Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.76.140

Effective: July 22, 2011

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)

Chapter 9A.76. Obstructing Governmental Operation (Refs & Annos)

9A.76.140. Introducing contraband in the first degree

(1) A person is guilty of introducing contraband in the first degree if he or she knowingly provides any deadly weapon to any person confined in a detention facility.

(2) Introducing contraband in the first degree is a class B felony.

CREDIT(S)

[2011 c 336 § 404, eff. July 22, 2011; 1975 1st ex.s. c 260 § 9A.76.140.]

Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.76.150

Effective: July 22, 2011

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)

Chapter 9A.76. Obstructing Governmental Operation (Refs & Annos)

9A.76.150. Introducing contraband in the second degree

(1) A person is guilty of introducing contraband in the second degree if he or she knowingly and unlawfully provides contraband to any person confined in a detention facility with the intent that such contraband be of assistance in an escape or in the commission of a crime.

(2) Introducing contraband in the second degree is a class C felony.

CREDIT(S)

[2011 c 336 § 405, eff. July 22, 2011; 1975 1st ex.s. c 260 § 9A.76.150.]

Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.76.160

Effective: July 22, 2011

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)

Chapter 9A.76. Obstructing Governmental Operation (Refs & Annos)

9A.76.160. Introducing contraband in the third degree

(1) A person is guilty of introducing contraband in the third degree if he or she knowingly and unlawfully provides contraband to any person confined in a detention facility.

(2) Introducing contraband in the third degree is a misdemeanor.

CREDIT(S)

[2011 c 336 § 406, eff. July 22, 2011; 1975 1st ex.s. c 260 § 9A.76.160.]

Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.76.170

Effective:[See Text Amendments]

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)

Chapter 9A.76. Obstructing Governmental Operation (Refs & Annos)

9A.76.170. Bail jumping

(1) Any person having been released by court order or admitted to bail with knowledge of the requirement of a subsequent personal appearance before any court of this state, or of the requirement to report to a correctional facility for service of sentence, and who fails to appear or who fails to surrender for service of sentence as required is guilty of bail jumping.

(2) It is an affirmative defense to a prosecution under this section that uncontrollable circumstances prevented the person from appearing or surrendering, and that the person did not contribute to the creation of such circumstances in reckless disregard of the requirement to appear or surrender, and that the person appeared or surrendered as soon as such circumstances ceased to exist.

(3) Bail jumping is:

(a) A class A felony if the person was held for, charged with, or convicted of murder in the first degree;

(b) A class B felony if the person was held for, charged with, or convicted of a class A felony other than murder in the first degree;

(c) A class C felony if the person was held for, charged with, or convicted of a class B or class C felony;

(d) A misdemeanor if the person was held for, charged with, or convicted of a gross misdemeanor or misdemeanor.

CREDIT(S)

[2001 c 264 § 3; 1983 1st ex.s. c 4 § 3; 1975 1st ex.s. c 260 § 9A.76.170.]

Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.76.175

Effective:[See Text Amendments]

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)

Chapter 9A.76. Obstructing Governmental Operation (Refs & Annos)

9A.76.175. Making a false or misleading statement to a public servant

A person who knowingly makes a false or misleading material statement to a public servant is guilty of a gross misdemeanor. “Material statement” means a written or oral statement reasonably likely to be relied upon by a public servant in the discharge of his or her official powers or duties.

CREDIT(S)

[2001 c 308 § 2. Prior: 1995 c 285 § 32.]

Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.76.177

Effective: June 12, 2008

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)

Chapter 9A.76. Obstructing Governmental Operation (Refs & Annos)

9A.76.177. Amber alert--Making a false or misleading statement to a public servant

(1) A person who, with the intent of causing an activation of the voluntary broadcast notification system commonly known as the “Amber alert,” or as the same system may otherwise be known, which is used to notify the public of abducted children, knowingly makes a false or misleading material statement to a public servant that a child has been abducted and which statement causes an activation, is guilty of a class C felony.

(2) “Material statement” means a written or oral statement reasonably likely to be relied upon by a public servant in the discharge of his or her official powers or duties.

CREDIT(S)

[2008 c 91 § 1, eff. June 12, 2008.]

Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.76.180

Effective: July 22, 2011

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)

Chapter 9A.76. Obstructing Governmental Operation (Refs & Annos)

9A.76.180. Intimidating a public servant

(1) A person is guilty of intimidating a public servant if, by use of a threat, he or she attempts to influence a public servant's vote, opinion, decision, or other official action as a public servant.

(2) For purposes of this section “public servant” shall not include jurors.

(3) “Threat” as used in this section means:

(a) To communicate, directly or indirectly, the intent immediately to use force against any person who is present at the time; or

(b) Threats as defined in RCW 9A.04.110.

(4) Intimidating a public servant is a class B felony.

CREDIT(S)

[2011 c 336 § 407, eff. July 22, 2011; 1975 1st ex.s. c 260 § 9A.76.180.]

Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.76.200

Effective: June 7, 2012

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)

Chapter 9A.76. Obstructing Governmental Operation (Refs & Annos)

9A.76.200. Harming a police dog, accelerant detection dog, or police horse--Penalty

(1) A person is guilty of harming a police dog, accelerant detection dog, or police horse, if he or she maliciously injures, disables, shoots, or kills by any means any dog or horse that the person knows or has reason to know to be a police dog or accelerant detection dog, as defined in RCW 4.24.410, or police horse, as defined in subsection (2) of this section, whether or not the dog or horse is actually engaged in police or accelerant detection work at the time of the injury.

(2) “Police horse” means any horse used or kept for use by a law enforcement officer in discharging any legal duty or power of his or her office.

(3) Harming a police dog, accelerant detection dog, or police horse is a class C felony.

(4)(a) In addition to the criminal penalty provided in this section for harming a police dog:

(i) The court may impose a civil penalty of up to five thousand dollars for harming a police dog.

(ii) The court shall impose a civil penalty of at least five thousand dollars and may increase the penalty up to a maximum of ten thousand dollars for killing a police dog.

(b) Moneys collected must be distributed to the jurisdiction that owns the police dog.

CREDIT(S)

[2012 c 94 § 2, eff. June 7, 2012; 2003 c 269 § 1, eff. July 27, 2003; 1993 c 180 § 2; 1989 c 26 § 2; 1982 c 22 § 2.]

Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.76.900

Effective: July 26, 2009

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)

Chapter 9A.76. Obstructing Governmental Operation (Refs & Annos)

9A.76.900. Construction--Chapter applicable to state registered domestic partnerships--2009 c 521  

For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.

CREDIT(S)

[2009 c 521 § 25, eff. July 26, 2009.]

W.S.A. 940.29

Effective:[See Text Amendments]

West's Wisconsin Statutes Annotated Currentness

Crimes (Ch. 938 to 951)

Chapter 940. Crimes Against Life and Bodily Security (Refs & Annos)

Subchapter II. Bodily Security

940.29. Abuse of residents of penal facilities

Any person in charge of or employed in a penal or correctional institution or other place of confinement who abuses, neglects or ill-treats any person confined in or a resident of any such institution or place or who knowingly permits another person to do so is guilty of a Class I felony.

<<For credits, see Historical Note field.>>

Current through 2013 Wisconsin Act 13, published 05/18/2013.

Effective:[See Text Amendments]

West's Revised Code of Washington Annotated Currentness

Title 9. Crimes and Punishments (Refs & Annos)

Chapter 9.12. Barratry

9.12.010. Barratry

Every person who brings on his or her own behalf, or instigates, incites, or encourages another to bring, any false suit at law or in equity in any court of this state, with intent thereby to distress or harass a defendant in the suit, or who serves or sends any paper or document purporting to be or resembling a judicial process, that is not in fact a judicial process, is guilty of a misdemeanor; and in case the person offending is an attorney, he or she may, in addition thereto be disbarred from practicing law within this state.

CREDIT(S)

[2001 c 310 § 3. Prior: 1995 c 285 § 27; 1915 c 165 § 1; 1909 c 249 § 118; Code 1881 § 901; 1873 p 204 § 100; 1854 p 92 § 91; RRS § 2370.]

Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9.12.020

Effective:[See Text Amendments]

West's Revised Code of Washington Annotated Currentness

Title 9. Crimes and Punishments (Refs & Annos)

Chapter 9.12. Barratry

9.12.020. Buying, demanding, or promising reward by district judge or deputy

Every district judge or deputy who shall, directly or indirectly, buy or be interested in buying anything in action for the purpose of commencing a suit thereon before a district judge, or who shall give or promise any valuable consideration to any person as an inducement to bring, or as a consideration for having brought, a suit before a district judge, shall be guilty of a misdemeanor.

CREDIT(S)

[1987 c 202 § 138; 1909 c 249 § 119; RRS § 2371.]

Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9.12.030

Effective:[See Text Amendments]

West's Revised Code of Washington Annotated Currentness

Title 9. Crimes and Punishments (Refs & Annos)

Chapter 9.12. Barratry

9.12.030. Repealed by Laws 1987, ch. 456, § 32

Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9.15.010

O.R.S. § 162.345

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Obstructing Governmental Administration

162.345. Hindering or compounding; defenses

It is no defense to a prosecution for hindering prosecution or compounding that the principal offender is not apprehended, prosecuted, convicted or punished.

CREDIT(S)

Laws 1971, c. 743, § 209.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

West's General Laws of Rhode Island Annotated Currentness

Title 11. Criminal Offenses

 

Chapter 1. General Provisions

 

 

§ 11-1-8. Bail jumping

 

Every person accused of a felony offense who, by court order, has been released from custody or allowed to remain at liberty, either upon the person's own recognizance or with surety or sureties, upon condition that he or she appear before the court where the felony is pending, or to which he or she may be bound over, to answer the felony whenever called upon to so do, who does not appear personally on the required date or voluntarily within thirty (30) days thereafter, or who fails to appear for any court session during the trial or on the day for sentencing, shall be guilty of a felony and upon conviction shall be subject to the same fine and imprisonment as pertain to the offense for which he or she failed to answer, provided that imprisonment for the offense shall not exceed ten (10) years.

CREDIT(S)

P.L. 1979, ch. 35, § 1; P.L. 1980, ch. 195, § 1.

Current through chapter 491 of the January 2012 session

Gen.Laws 1956, § 11-1-9

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 74. Bail Jumping

§ 18-7401. Bail jumping--Default in required appearance

A person set at liberty by court order, with or without bail, upon condition that he will subsequently appear at a specified time and place, commits a misdemeanor if, without lawful excuse, he fails to appear at that time and place. The offense constitutes a felony where the required appearance was to answer to a charge of felony, or for disposition of any such charge, and the actor took flight or went into hiding to avoid apprehension, trial or punishment. This section does not apply to obligations to appear incident to release under suspended sentence or on probation or parole.

CREDIT(S)

S.L. 1972, ch. 381, § 18.

Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013

Effective: January 1, 2009

West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Criminal Code

Act 5. Criminal Code of 2012 (Refs & Annos)

Title III. Specific Offenses

Part E. Offenses Affecting Governmental Functions

Article 31. Interference with Public Officers (Refs & Annos)

5/31-1. Resisting or obstructing a peace officer, firefighter, or correctional institution employee

§ 31-1. Resisting or obstructing a peace officer, firefighter, or correctional institution employee.

(a) A person who knowingly resists or obstructs the performance by one known to the person to be a peace officer, firefighter, or correctional institution employee of any authorized act within his official capacity commits a Class A misdemeanor.

(a-5) In addition to any other sentence that may be imposed, a court shall order any person convicted of resisting or obstructing a peace officer, firefighter, or correctional institution employee to be sentenced to a minimum of 48 consecutive hours of imprisonment or ordered to perform community service for not less than 100 hours as may be determined by the court. The person shall not be eligible for probation in order to reduce the sentence of imprisonment or community service.

(a-7) A person convicted for a violation of this Section whose violation was the proximate cause of an injury to a peace officer, firefighter, or correctional institution employee is guilty of a Class 4 felony.

(b) For purposes of this Section, "correctional institution employee" means any person employed to supervise and control inmates incarcerated in a penitentiary, State farm, reformatory, prison, jail, house of correction, police detention area, half-way house, or other institution or place for the incarceration or custody of persons under sentence for offenses or awaiting trial or sentence for offenses, under arrest for an offense, a violation of probation, a violation of parole, or a violation of mandatory supervised release, or awaiting a bail setting hearing or preliminary hearing, or who are sexually dangerous persons or who are sexually violent persons; and "firefighter" means any individual, either as an employee or volunteer, of a regularly constituted fire department of a municipality or fire protection district who performs fire fighting duties, including, but not limited to, the fire chief, assistant fire chief, captain, engineer, driver, ladder person, hose person, pipe person, and any other member of a regularly constituted fire department. "Firefighter" also means a person employed by the Office of the State Fire Marshal to conduct arson investigations.

(c) It is an affirmative defense to a violation of this Section if a person resists or obstructs the performance of one known by the person to be a firefighter by returning to or remaining in a dwelling, residence, building, or other structure to rescue or to attempt to rescue any person.

CREDIT(S)

Laws 1961, p. 1983, § 31-1, eff. Jan. 1, 1962. Amended by P.A. 77-2638, § 1, eff. Jan. 1, 1973; P.A. 87-1198, § 2, eff. Sept. 25, 1992; P.A. 92-841, § 5, eff. Aug. 22, 2002; P.A. 95-801, § 5, eff. Jan. 1, 2009.

Current through P.A. 98-16 of the 2013 Reg. Sess.

720 ILCS 5/31-1a

Formerly cited as IL ST CH 38 ¶ 31-1a

Effective: August 12, 2009

West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Criminal Code

Act 5. Criminal Code of 2012 (Refs & Annos)

Title III. Specific Offenses

Part E. Offenses Affecting Governmental Functions

Article 31. Interference with Public Officers (Refs & Annos)

5/31-1a. Disarming a peace officer or correctional institution employee

§ 31-1a. Disarming a peace officer or correctional institution employee.

(a) A person who, without the consent of a peace officer or correctional institution employee as defined in subsection (b) of Section 31-1, takes a weapon from a person known to him or her to be a peace officer or correctional institution employee, while the peace officer or correctional institution employee is engaged in the performance of his or her official duties or from an area within the peace officer's or correctional institution employee's immediate presence is guilty of a Class 1 felony.

(b) A person who, without the consent of a peace officer or correctional institution employee as defined in subsection (b) of Section 31-1, attempts to take a weapon from a person known to him or her to be a peace officer or correctional institution employee, while the peace officer or correctional institution employee is engaged in the performance of his or her official duties or from an area within the peace officer's or correctional institution employee's immediate presence is guilty of a Class 2 felony.

CREDIT(S)

Laws 1961, p. 1983, § 31-1a, added by P.A. 84-181, § 1, eff. Aug. 23, 1985. Amended by P.A. 93-207, § 5, eff. Jan. 1, 2004; P.A. 96-348, § 5, eff. Aug. 12, 2009.

Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 31-1a.

Current through P.A. 98-16 of the 2013 Reg. Sess.

720 ILCS 5/31-2

Formerly cited as IL ST CH 38 ¶ 31-2

Effective:[See Text Amendments]

West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Criminal Code

Act 5. Criminal Code of 2012 (Refs & Annos)

Title III. Specific Offenses

Part E. Offenses Affecting Governmental Functions

Article 31. Interference with Public Officers (Refs & Annos)

5/31-2. § 31-2. Repealed by Laws 1967, p. 2595, § 2, eff. Aug. 3, 1967

Current through P.A. 98-16 of the 2013 Reg. Sess.

720 ILCS 5/31-3

Formerly cited as IL ST CH 38 ¶ 31-3

Effective:[See Text Amendments]

West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Criminal Code

Act 5. Criminal Code of 2012 (Refs & Annos)

Title III. Specific Offenses

Part E. Offenses Affecting Governmental Functions

Article 31. Interference with Public Officers (Refs & Annos)

5/31-3. Obstructing Service of Process

§ 31-3. Obstructing Service of Process. Whoever knowingly resists or obstructs the authorized service or execution of any civil or criminal process or order of any court commits a Class B misdemeanor.

CREDIT(S)

Laws 1961, p. 1983, § 31-3, eff. Jan. 1, 1962. Amended by P.A. 77-2638, § 1, eff. Jan. 1, 1973.

Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 31-3.

Current through P.A. 98-16 of the 2013 Reg. Sess.

720 ILCS 5/31-4

Formerly cited as IL ST CH 38 ¶ 31-4

Effective: January 1, 2013

West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Criminal Code

Act 5. Criminal Code of 2012 (Refs & Annos)

Title III. Specific Offenses

Part E. Offenses Affecting Governmental Functions

Article 31. Interference with Public Officers (Refs & Annos)

5/31-4. Obstructing justice

§ 31-4. Obstructing justice.

(a) A person obstructs justice when, with intent to prevent the apprehension or obstruct the prosecution or defense of any person, he or she knowingly commits any of the following acts:

(1) Destroys, alters, conceals or disguises physical evidence, plants false evidence, furnishes false information; or

(2) Induces a witness having knowledge material to the subject at issue to leave the State or conceal himself or herself; or

(3) Possessing knowledge material to the subject at issue, he or she leaves the State or conceals himself; or

(4) If a parent, legal guardian, or caretaker of a child under 13 years of age reports materially false information to a law enforcement agency, medical examiner, coroner, State's Attorney, or other governmental agency during an investigation of the disappearance or death of a child under circumstances described in subsection (a) or (b) of Section 10-10 of this Code.

(b) Sentence.

(1) Obstructing justice is a Class 4 felony, except as provided in paragraph (2) of this subsection (b).

(2) Obstructing justice in furtherance of streetgang related or gang- related activity, as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act, [FN1] is a Class 3 felony.

CREDIT(S)

Laws 1961, p. 1983, § 31-4, eff. Jan. 1, 1962. Amended by P.A. 77-2638, § 1, eff. Jan. 1, 1973; P.A. 90-363, § 5, eff. Jan. 1, 1998; P.A. 97-1079, § 5, eff. Jan. 1, 2013.

Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 31-4.

[FN1] 740 ILCS 147/10.

Current through P.A. 98-16 of the 2013 Reg. Sess.

720 ILCS 5/31-4.5

Effective: January 1, 2010

West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Criminal Code

Act 5. Criminal Code of 2012 (Refs & Annos)

Title III. Specific Offenses

Part E. Offenses Affecting Governmental Functions

Article 31. Interference with Public Officers (Refs & Annos)

5/31-4.5. Obstructing identification

§ 31-4.5. Obstructing identification.

(a) A person commits the offense of obstructing identification when he or she intentionally or knowingly furnishes a false or fictitious name, residence address, or date of birth to a peace officer who has:

(1) lawfully arrested the person;

(2) lawfully detained the person; or

(3) requested the information from a person that the peace officer has good cause to believe is a witness to a criminal offense.

(b) Sentence. Obstructing identification is a Class A misdemeanor.

CREDIT(S)

Laws 1961, p. 1983, § 31-4.5, added by P.A. 96-335, § 5, eff. Jan. 1, 2010.

Current through P.A. 98-16 of the 2013 Reg. Sess.

720 ILCS 5/31-5

Formerly cited as IL ST CH 38 ¶ 31-5

Effective: January 1, 2013

West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Criminal Code

Act 5. Criminal Code of 2012 (Refs & Annos)

Title III. Specific Offenses

Part E. Offenses Affecting Governmental Functions

Article 31. Interference with Public Officers (Refs & Annos)

5/31-5. Concealing or aiding a fugitive

§ 31-5. Concealing or aiding a fugitive.

(a) Every person not standing in the relation of husband, wife, parent, child, brother or sister to the offender, who, with intent to prevent the apprehension of the offender, conceals his knowledge that an offense has been committed or harbors, aids or conceals the offender, commits a Class 4 felony.

(b) Every person, 18 years of age or older, who, with intent to prevent the apprehension of the offender, aids or assists the offender, by some volitional act, in fleeing the municipality, county, State, country, or other defined jurisdiction in which the offender is to be arrested, charged, or prosecuted, commits a Class 4 felony.

CREDIT(S)

Laws 1961, p. 1983, § 31-5, eff. Jan. 1, 1962. Amended by P.A. 77-2638, § 1, eff. Jan. 1, 1973; P.A. 97-741, § 5, eff. Jan. 1, 2013.

Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 31-5.

Current through P.A. 98-16 of the 2013 Reg. Sess.

720 ILCS 5/31-6

Formerly cited as IL ST CH 38 ¶ 31-6

Effective: August 11, 2009

West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Criminal Code

Act 5. Criminal Code of 2012 (Refs & Annos)

Title III. Specific Offenses

Part E. Offenses Affecting Governmental Functions

Article 31. Interference with Public Officers (Refs & Annos)

5/31-6. Escape; failure to report to a penal institution or to report for periodic imprisonment

§ 31-6. Escape; failure to report to a penal institution or to report for periodic imprisonment.

(a) A person convicted of a felony or charged with the commission of a felony, or charged with or adjudicated delinquent for an act which, if committed by an adult, would constitute a felony, who intentionally escapes from any penal institution or from the custody of an employee of that institution commits a Class 2 felony; however, a person convicted of a felony, or adjudicated delinquent for an act which, if committed by an adult, would constitute a felony, who knowingly fails to report to a penal institution or to report for periodic imprisonment at any time or knowingly fails to return from furlough or from work and day release or who knowingly fails to abide by the terms of home confinement is guilty of a Class 3 felony.

(b) A person convicted of a misdemeanor or charged with the commission of a misdemeanor, or charged with or adjudicated delinquent for an act which, if committed by an adult, would constitute a misdemeanor, who intentionally escapes from any penal institution or from the custody of an employee of that institution commits a Class A misdemeanor; however, a person convicted of a misdemeanor, or adjudicated delinquent for an act which, if committed by an adult, would constitute a misdemeanor, who knowingly fails to report to a penal institution or to report for periodic imprisonment at any time or knowingly fails to return from furlough or from work and day release or who knowingly fails to abide by the terms of home confinement is guilty of a Class B misdemeanor.

(b-1) A person committed to the Department of Human Services under the provisions of the Sexually Violent Persons Commitment Act [FN1] or in detention with the Department of Human Services awaiting such a commitment who intentionally escapes from any secure residential facility or from the custody of an employee of that facility commits a Class 2 felony.

(c) A person in the lawful custody of a peace officer for the alleged commission of a felony offense or an act which, if committed by an adult, would constitute a felony, and who intentionally escapes from custody commits a Class 2 felony; however, a person in the lawful custody of a peace officer for the alleged commission of a misdemeanor offense or an act which, if committed by an adult, would constitute a misdemeanor, who intentionally escapes from custody commits a Class A misdemeanor.

(c-5) A person in the lawful custody of a peace officer for an alleged violation of a term or condition of probation, conditional discharge, parole, or mandatory supervised release for a felony or an act which, if committed by an adult, would constitute a felony, who intentionally escapes from custody is guilty of a Class 2 felony.

(c-6) A person in the lawful custody of a peace officer for an alleged violation of a term or condition of supervision, probation, or conditional discharge for a misdemeanor or an act which, if committed by an adult, would constitute a misdemeanor, who intentionally escapes from custody is guilty of a Class A misdemeanor.

(d) A person who violates this Section while armed with a dangerous weapon commits a Class 1 felony.

CREDIT(S)

Laws 1961, p. 1983, § 31-6, eff. Jan. 1, 1962. Amended by P.A. 77-2638, § 1, eff. Jan. 1, 1973; P.A. 80-1099, § 1, eff. Feb. 1, 1978; P.A. 83-248, § 1, eff. Jan. 1, 1984; P.A. 84-1083, § 1, eff. Dec. 2, 1985; P.A. 86-335, § 1, eff. Jan. 1, 1990; P.A. 89-647, § 2, eff. Jan. 1, 1997; P.A. 89-656, § 10, eff. Jan. 1, 1997; P.A. 89-689, § 5, eff. Dec. 31, 1996; P.A. 90-14, Art. 2, § 2-235, eff. July 1, 1997; P.A. 90-793, § 11, eff. Aug. 14, 1998; P.A. 95-839, § 5, eff. Aug. 15, 2008; P.A. 95-921, § 5, eff. Jan. 1, 2009; P.A. 96-328, § 330, eff. Aug. 11, 2009.

Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 31-6.

[FN1] 725 ILCS 207/1 et seq.

Current through P.A. 98-16 of the 2013 Reg. Sess.

720 ILCS 5/31-7

Formerly cited as IL ST CH 38 ¶ 31-7

Effective: August 11, 2009

West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Criminal Code

Act 5. Criminal Code of 2012 (Refs & Annos)

Title III. Specific Offenses

Part E. Offenses Affecting Governmental Functions

Article 31. Interference with Public Officers (Refs & Annos)

5/31-7. Aiding escape

§ 31-7. Aiding escape.

(a) Whoever, with intent to aid any prisoner in escaping from any penal institution, conveys into the institution or transfers to the prisoner anything for use in escaping commits a Class A misdemeanor.

(b) Whoever knowingly aids a person convicted of a felony or charged with the commission of a felony, or charged with or adjudicated delinquent for an act which, if committed by an adult, would constitute a felony, in escaping from any penal institution or from the custody of any employee of that institution commits a Class 2 felony; however, whoever knowingly aids a person convicted of a felony or charged with the commission of a felony, or charged with or adjudicated delinquent for an act which, if committed by an adult, would constitute a felony, in failing to return from furlough or from work and day release is guilty of a Class 3 felony.

(c) Whoever knowingly aids a person convicted of a misdemeanor or charged with the commission of a misdemeanor, or charged with or adjudicated delinquent for an act which, if committed by an adult, would constitute a misdemeanor, in escaping from any penal institution or from the custody of an employee of that institution commits a Class A misdemeanor; however, whoever knowingly aids a person convicted of a misdemeanor or charged with the commission of a misdemeanor, or charged with or adjudicated delinquent for an act which, if committed by an adult, would constitute a misdemeanor, in failing to return from furlough or from work and day release is guilty of a Class B misdemeanor.

(d) Whoever knowingly aids a person in escaping from any public institution, other than a penal institution, in which he is lawfully detained, or from the custody of an employee of that institution, commits a Class A misdemeanor.

(e) Whoever knowingly aids a person in the lawful custody of a peace officer for the alleged commission of a felony offense or an act which, if committed by an adult, would constitute a felony, in escaping from custody commits a Class 2 felony; however, whoever knowingly aids a person in the lawful custody of a peace officer for the alleged commission of a misdemeanor offense or an act which, if committed by an adult, would constitute a misdemeanor, in escaping from custody commits a Class A misdemeanor.

(f) An officer or employee of any penal institution who recklessly permits any prisoner in his custody to escape commits a Class A misdemeanor.

(f-5) With respect to a person in the lawful custody of a peace officer for an alleged violation of a term or condition of probation, conditional discharge, parole, or mandatory supervised release for a felony, whoever intentionally aids that person to escape from that custody is guilty of a Class 2 felony.

(f-6) With respect to a person who is in the lawful custody of a peace officer for an alleged violation of a term or condition of supervision, probation, or conditional discharge for a misdemeanor, whoever intentionally aids that person to escape from that custody is guilty of a Class A misdemeanor.

(g) A person who violates this Section while armed with a dangerous weapon commits a Class 2 felony.

CREDIT(S)

Laws 1961, p. 1983, § 31-7, eff. Jan. 1, 1962. Amended by P.A. 77-2638, § 1, eff. Jan. 1, 1973; P.A. 83-248, § 1, eff. Jan. 1, 1984; P.A. 86-335, § 1, eff. Jan. 1, 1990; P.A. 89-656, § 10, eff. Jan. 1, 1997; P.A. 89-689, § 5, eff. Dec. 31, 1996; P.A. 95-839, § 5, eff. Aug. 15, 2008; P.A. 95-921, § 5, eff. Jan. 1, 2009; P.A. 96-328, § 330, eff. Aug. 11, 2009.

Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 31-7.

Current through P.A. 98-16 of the 2013 Reg. Sess.

720 ILCS 5/31-8

Formerly cited as IL ST CH 38 ¶ 31-8

Effective:[See Text Amendments]

West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Criminal Code

Act 5. Criminal Code of 2012 (Refs & Annos)

Title III. Specific Offenses

Part E. Offenses Affecting Governmental Functions

Article 31. Interference with Public Officers (Refs & Annos)

5/31-8. Refusing to Aid an Officer

§ 31-8. Refusing to Aid an Officer. Whoever upon command refuses or knowingly fails reasonably to aid a person known by him to be a peace officer in:

(a) Apprehending a person whom the officer is authorized to apprehend; or

(b) Preventing the commission by another of any offense, commits a petty offense.

CREDIT(S)

Laws 1961, p. 1983, § 31-8, eff. Jan. 1, 1962. Amended by P.A. 77-2638, § 1, eff. Jan. 1, 1973.

Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 31-8.

Current through P.A. 98-16 of the 2013 Reg. Sess.

720 ILCS 5/31-9

Effective: January 1, 2006

West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Criminal Code

Act 5. Criminal Code of 2012 (Refs & Annos)

Title III. Specific Offenses

Part E. Offenses Affecting Governmental Functions

Article 31. Interference with Public Officers (Refs & Annos)

5/31-9. Obstructing an emergency management worker

§ 31-9. Obstructing an emergency management worker. A person who knowingly obstructs the performance by one known to the person to be an emergency management worker of any authorized act within his or her official capacity commits a Class A misdemeanor.

CREDIT(S)

Laws 1961, p. 1983, § 31-9, added by P.A. 94-243, § 5, eff. Jan. 1, 2006.

Current through P.A. 98-16 of the 2013 Reg. Sess.

720 ILCS 5/31A-0.1

Effective: January 1, 2013

West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Criminal Code

Act 5. Criminal Code of 2012 (Refs & Annos)

Title III. Specific Offenses

Part E. Offenses Affecting Governmental Functions

Article 31A. Interference with Penal Institution

5/31A-0.1. Definitions

§ 31A-0.1. Definitions. For the purposes of this Article:

"Deliver" or "delivery" means the actual, constructive or attempted transfer of possession of an item of contraband, with or without consideration, whether or not there is an agency relationship.

"Employee" means any elected or appointed officer, trustee or employee of a penal institution or of the governing authority of the penal institution, or any person who performs services for the penal institution pursuant to contract with the penal institution or its governing authority.

"Item of contraband" means any of the following:

(i) "Alcoholic liquor" as that term is defined in Section 1-3.05 of the Liquor Control Act of 1934.

(ii) "Cannabis" as that term is defined in subsection (a) of Section 3 of the Cannabis Control Act.

(iii) "Controlled substance" as that term is defined in the Illinois Controlled Substances Act.

(iii-a) "Methamphetamine" as that term is defined in the Illinois Controlled Substances Act or the Methamphetamine Control and Community Protection Act.

(iv) "Hypodermic syringe" or hypodermic needle, or any instrument adapted for use of controlled substances or cannabis by subcutaneous injection.

(v) "Weapon" means any knife, dagger, dirk, billy, razor, stiletto, broken bottle, or other piece of glass which could be used as a dangerous weapon. This term includes any of the devices or implements designated in subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 of this Code, or any other dangerous weapon or instrument of like character.

(vi) "Firearm" means any device, by whatever name known, which is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas or escape of gas, including but not limited to:

(A) any pneumatic gun, spring gun, or B-B gun which expels a single globular projectile not exceeding .18 inch in diameter; or

(B) any device used exclusively for signaling or safety and required as recommended by the United States Coast Guard or the Interstate Commerce Commission; or

(C) any device used exclusively for the firing of stud cartridges, explosive rivets or industrial ammunition; or

(D) any device which is powered by electrical charging units, such as batteries, and which fires one or several barbs attached to a length of wire and which, upon hitting a human, can send out current capable of disrupting the person's nervous system in such a manner as to render him or her incapable of normal functioning, commonly referred to as a stun gun or taser.

(vii) "Firearm ammunition" means any self-contained cartridge or shotgun shell, by whatever name known, which is designed to be used or adaptable to use in a firearm, including but not limited to:

(A) any ammunition exclusively designed for use with a device used exclusively for signaling or safety and required or recommended by the United States Coast Guard or the Interstate Commerce Commission; or

(B) any ammunition designed exclusively for use with a stud or rivet driver or other similar industrial ammunition.

(viii) "Explosive" means, but is not limited to, bomb, bombshell, grenade, bottle or other container containing an explosive substance of over one-quarter ounce for like purposes such as black powder bombs and Molotov cocktails or artillery projectiles.

(ix) "Tool to defeat security mechanisms" means, but is not limited to, handcuff or security restraint key, tool designed to pick locks, popper, or any device or instrument used to or capable of unlocking or preventing from locking any handcuff or security restraints, doors to cells, rooms, gates or other areas of the penal institution.

(x) "Cutting tool" means, but is not limited to, hacksaw blade, wirecutter, or device, instrument or file capable of cutting through metal.

(xi) "Electronic contraband" for the purposes of Section 31A-1.1 of this Article means, but is not limited to, any electronic, video recording device, computer, or cellular communications equipment, including, but not limited to, cellular telephones, cellular telephone batteries, videotape recorders, pagers, computers, and computer peripheral equipment brought into or possessed in a penal institution without the written authorization of the Chief Administrative Officer. "Electronic contraband" for the purposes of Section 31A-1.2 of this Article, means, but is not limited to, any electronic, video recording device, computer, or cellular communications equipment, including, but not limited to, cellular telephones, cellular telephone batteries, videotape recorders, pagers, computers, and computer peripheral equipment.

"Penal institution" means any penitentiary, State farm, reformatory, prison, jail, house of correction, police detention area, half-way house or other institution or place for the incarceration or custody of persons under sentence for offenses awaiting trial or sentence for offenses, under arrest for an offense, a violation of probation, a violation of parole, or a violation of mandatory supervised release, or awaiting a bail setting hearing or preliminary hearing; provided that where the place for incarceration or custody is housed within another public building this Article shall not apply to that part of the building unrelated to the incarceration or custody of persons.

CREDIT(S)

Laws 1961, p. 1983, § 31A-0.1, added by P.A. 97-1108, § 10-5, eff. Jan. 1, 2013.

Current through P.A. 98-16 of the 2013 Reg. Sess.

720 ILCS 5/31A-1

Formerly cited as IL ST CH 38 ¶ 31A-1

Effective:[See Text Amendments]

West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Criminal Code

Act 5. Criminal Code of 2012 (Refs & Annos)

Title III. Specific Offenses

Part E. Offenses Affecting Governmental Functions

Article 31A. Interference with Penal Institution

5/31A-1. § 31A-1. Repealed by P.A. 86-866, § 2, eff. Jan. 1, 1990

Current through P.A. 98-16 of the 2013 Reg. Sess.

720 ILCS 5/31A-1.1

Formerly cited as IL ST CH 38 ¶ 31A-1.1

Effective: January 1, 2013

West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Criminal Code

Act 5. Criminal Code of 2012 (Refs & Annos)

Title III. Specific Offenses

Part E. Offenses Affecting Governmental Functions

Article 31A. Interference with Penal Institution

5/31A-1.1. Bringing Contraband into a Penal Institution; Possessing Contraband in a Penal Institution

§ 31A-1.1. Bringing Contraband into a Penal Institution; Possessing Contraband in a Penal Institution.

(a) A person commits bringing contraband into a penal institution when he or she knowingly and without authority of any person designated or authorized to grant this authority (1) brings an item of contraband into a penal institution or (2) causes another to bring an item of contraband into a penal institution or (3) places an item of contraband in such proximity to a penal institution as to give an inmate access to the contraband.

(b) A person commits possessing contraband in a penal institution when he or she knowingly possesses contraband in a penal institution, regardless of the intent with which he or she possesses it.

(c) (Blank).

(d) Sentence.

(1) Bringing into or possessing alcoholic liquor in a penal institution is a Class 4 felony.

(2) Bringing into or possessing cannabis in a penal institution is a Class 3 felony.

(3) Bringing into or possessing any amount of a controlled substance classified in Schedules III, IV or V of Article II of the Controlled Substance Act [FN1] in a penal institution is a Class 2 felony.

(4) Bringing into or possessing any amount of a controlled substance classified in Schedules I or II of Article II of the Controlled Substance Act in a penal institution is a Class 1 felony.

(5) Bringing into or possessing a hypodermic syringe in a penal institution is a Class 1 felony.

(6) Bringing into or possessing a weapon, tool to defeat security mechanisms, cutting tool, or electronic contraband in a penal institution is a Class 1 felony.

(7) Bringing into or possessing a firearm, firearm ammunition, or explosive in a penal institution is a Class X felony.

(e) It shall be an affirmative defense to subsection (b), that the possession was specifically authorized by rule, regulation, or directive of the governing authority of the penal institution or order issued under it.

(f) It shall be an affirmative defense to subsection (a) (1) and subsection (b) that the person bringing into or possessing contraband in a penal institution had been arrested, and that person possessed the contraband at the time of his or her arrest, and that the contraband was brought into or possessed in the penal institution by that person as a direct and immediate result of his or her arrest.

(g) Items confiscated may be retained for use by the Department of Corrections or disposed of as deemed appropriate by the Chief Administrative Officer in accordance with Department rules or disposed of as required by law.

CREDIT(S)

Laws 1961, p. 1983, § 31A-1.1, added by P.A. 84-1041, § 5, eff. Nov. 26, 1985. Amended by P.A. 85-755, § 2, eff. Sept. 23, 1987; P.A. 86-866, § 1, eff. Jan. 1, 1990; P.A. 86-1003, § 4, eff. Jan. 1, 1990; P.A. 88-678, § 10, eff. July 1, 1995; P.A. 89-688, § 1, eff. June 1, 1997; P.A. 94-556, § 1055, eff. Sept. 11, 2005. Reenacted by P.A. 94-1017, Art. 2, § 2-5, eff. July 7, 2006. Amended by P.A. 96-1112, § 5, eff. Jan. 1, 2011; P.A. 97-1108, § 10-5, eff. Jan. 1, 2013.

Formerly Ill.Rev.Stat.1991, ch. 38, ¶ 31A-1.1.

[FN1] 720 ILCS 570/207, 570/208, 570/209, 570/210, 570/211, and 570/212.

VALIDITY

<The Illinois Appellate Court, Fourth District, held that P.A. 89-688 violated the single-subject rule of the Illinois Constitution in the case of People v. Foster, App. 4 Dist. 2000, 316 Ill.App.3d 855, 737 N.E.2d 1125, 250 Ill.Dec. 148; and People v. Burdunice, Supreme Court 2004, 211 Ill.2d 264, 811 N.E.2d 678, 285 Ill.Dec. 191. P.A. 94-1017, effective July 7, 2006, re-enacted the changes made to Section 31A-1.1 by P.A. 89-688 and P.A. 94-556.>

Current through P.A. 98-16 of the 2013 Reg. Sess.

720 ILCS 5/31A-1.2

Effective: January 1, 2013

West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Criminal Code

Act 5. Criminal Code of 2012 (Refs & Annos)

Title III. Specific Offenses

Part E. Offenses Affecting Governmental Functions

Article 31A. Interference with Penal Institution

5/31A-1.2. Unauthorized bringing of contraband into a penal institution by an employee; unauthorized possessing of contraband in a penal institution by an employee; unauthorized delivery of contraband in a penal institution by an employee

§ 31A-1.2. Unauthorized bringing of contraband into a penal institution by an employee; unauthorized possessing of contraband in a penal institution by an employee; unauthorized delivery of contraband in a penal institution by an employee.

(a) A person commits unauthorized bringing of contraband into a penal institution by an employee when a person who is an employee knowingly and without authority of any person designated or authorized to grant this authority:

(1) brings or attempts to bring an item of contraband into a penal institution, or

(2) causes or permits another to bring an item of contraband into a penal institution.

(b) A person commits unauthorized possession of contraband in a penal institution by an employee when a person who is an employee knowingly and without authority of any person designated or authorized to grant this authority possesses an item of contraband in a penal institution, regardless of the intent with which he or she possesses it.

(c) A person commits unauthorized delivery of contraband in a penal institution by an employee when a person who is an employee knowingly and without authority of any person designated or authorized to grant this authority:

(1) delivers or possesses with intent to deliver an item of contraband to any inmate of a penal institution, or

(2) conspires to deliver or solicits the delivery of an item of contraband to any inmate of a penal institution, or

(3) causes or permits the delivery of an item of contraband to any inmate of a penal institution, or

(4) permits another person to attempt to deliver an item of contraband to any inmate of a penal institution.

(d) For a violation of subsection (a) or (b) involving a cellular telephone or cellular telephone battery, the defendant must intend to provide the cellular telephone or cellular telephone battery to any inmate in a penal institution, or to use the cellular telephone or cellular telephone battery at the direction of an inmate or for the benefit of any inmate of a penal institution.

(e) Sentence.

(1) A violation of paragraphs (a) or (b) of this Section involving alcohol is a Class 4 felony. A violation of paragraph (a) or (b) of this Section involving cannabis is a Class 2 felony. A violation of paragraph (a) or (b) involving any amount of a controlled substance classified in Schedules III, IV or V of Article II of the Illinois Controlled Substances Act is a Class 1 felony. A violation of paragraph (a) or (b) of this Section involving any amount of a controlled substance classified in Schedules I or II of Article II of the Illinois Controlled Substances Act is a Class X felony. A violation of paragraph (a) or (b) involving a hypodermic syringe is a Class X felony. A violation of paragraph (a) or (b) involving a weapon, tool to defeat security mechanisms, cutting tool, or electronic contraband is a Class 1 felony. A violation of paragraph (a) or (b) involving a firearm, firearm ammunition, or explosive is a Class X felony.

(2) A violation of paragraph (c) of this Section involving alcoholic liquor is a Class 3 felony. A violation of paragraph (c) involving cannabis is a Class 1 felony. A violation of paragraph (c) involving any amount of a controlled substance classified in Schedules III, IV or V of Article II of the Illinois Controlled Substances Act is a Class X felony. A violation of paragraph (c) involving any amount of a controlled substance classified in Schedules I or II of Article II of the Illinois Controlled Substances Act is a Class X felony for which the minimum term of imprisonment shall be 8 years. A violation of paragraph (c) involving a hypodermic syringe is a Class X felony for which the minimum term of imprisonment shall be 8 years. A violation of paragraph (c) involving a weapon, tool to defeat security mechanisms, cutting tool, or electronic contraband is a Class X felony for which the minimum term of imprisonment shall be 10 years. A violation of paragraph (c) involving a firearm, firearm ammunition, or explosive is a Class X felony for which the minimum term of imprisonment shall be 12 years.

(f) Items confiscated may be retained for use by the Department of Corrections or disposed of as deemed appropriate by the Chief Administrative Officer in accordance with Department rules or disposed of as required by law.

(g) For a violation of subsection (a) or (b) involving alcoholic liquor, a weapon, firearm, firearm ammunition, tool to defeat security mechanisms, cutting tool, or electronic contraband, the items shall not be considered to be in a penal institution when they are secured in an employee's locked, private motor vehicle parked on the grounds of a penal institution.

CREDIT(S)

Laws 1961, p. 1983, § 31A-1.2, added by P.A. 86-866, § 1, eff. Jan. 1, 1990. Amended by P.A. 86-1003, § 4, eff. Jan. 1, 1990; P.A. 87-905, § 1, eff. Aug. 14, 1992; P.A. 88-678, § 10, eff. July 1, 1995; P.A. 89-688, § 1, eff. June 1, 1997; P.A. 90-655, § 160, eff. July 30, 1998; P.A. 91-357, § 237, eff. July 29, 1999; P.A. 94-556, § 1055, eff. Sept. 11, 2005. Reenacted by P.A. 94-1017, Art. 2, § 2-5, eff. July 7, 2006. Amended by P.A. 95-962, § 5, eff. Jan. 1, 2009; P.A. 96-328, § 330, eff. Aug. 11, 2009; P.A. 96-1112, § 5, eff. Jan. 1, 2011; P.A. 96-1325, § 5, eff. July 27, 2010; P.A. 97-333, § 550, eff. Aug. 12, 2011; P.A. 97-1108, § 10-5, eff. Jan. 1, 2013.

VALIDITY

<The Illinois Appellate Court, Fourth District, held that P.A. 89-688 violated the single-subject rule of the Illinois Constitution in the case of People v. Foster, App. 4 Dist. 2000, 316 Ill.App.3d 855, 737 N.E.2d 1125, 250 Ill.Dec. 148; and People v. Burdunice, Supreme Court 2004, 211 Ill.2d 264, 811 N.E.2d 678, 285 Ill.Dec. 191. P.A. 94-1017, effective July 7, 2006, re-enacted the changes made to Section 31A-1.1 by P.A. 89-688 and P.A. 94-556.>

Current through P.A. 98-16 of the 2013 Reg. Sess.

720 ILCS 5/32-1

Formerly cited as IL ST CH 38 ¶ 32-1

Effective: December 10, 2009

West’s District of Columbia Code Annotated 2001 Edition Currentness

Division IV. Criminal Law and Procedure and Prisoners.

Title 22. Criminal Offenses and Penalties. (Refs & Annos)

Subtitle I. Criminal Offenses.

Chapter 25A. Presence in a Motor Vehicle Containing a Firearm.

§ 22-2511. Presence in a motor vehicle containing a firearm.

(a) It is unlawful for a person to be voluntarily in a motor vehicle if that person knows that a firearm is in the vehicle, unless the firearm is being lawfully carried or lawfully transported.

(b) It shall be an affirmative defense to this offense, which the defendant must prove by a preponderance of the evidence, that the defendant, upon learning that a firearm was in the vehicle, had the specific intent to immediately leave the vehicle, but did not have a reasonable opportunity under the circumstances to do so.

(c)(1) Except as provided in paragraph (2) of this subsection, a person who violates this section shall be fined not more than $5,000, imprisoned for not more than 5 years, or both.

(2) If the violation of this section occurs after a person has been convicted in the District of Columbia of a violation of § 22-4504(a), or of a felony, either in the District of Columbia or another jurisdiction, the person shall be fined not more than $10,000, imprisoned for not more than 10 years, or both.

(3) No person shall be sentenced consecutively for this offense and any other firearms offense arising out of the same incident. Any conviction under this section and any conviction for carrying or possessing the same firearm on the same occasion shall be considered as one conviction for purposes of any application of repeat offender sentencing provisions.

CREDIT(S)

(Dec. 10, 2009, D.C. Law 18-88, § 101, 56 DCR 7413.)

Current through April 16, 2013

DC ST D. IV, T. 22, Subt. I, Ch. 26, Refs & Annos

 

West’s District of Columbia Code Annotated 2001 Edition Currentness

Division IV. Criminal Law and Procedure and Prisoners.

Title 22. Criminal Offenses and Penalties. (Refs & Annos)

Subtitle I. Criminal Offenses.

Chapter 26. Prison Misconduct.

Current through April 16, 2013

DC ST § 22-2601   Formerly cited as DC ST 1981 § 22-2601

Effective: June 9, 2011

West’s District of Columbia Code Annotated 2001 Edition Currentness

Division IV. Criminal Law and Procedure and Prisoners.

Title 22. Criminal Offenses and Penalties. (Refs & Annos)

Subtitle I. Criminal Offenses.

Chapter 26. Prison Misconduct. (Refs & Annos)

Subchapter I. Escape.

§ 22-2601. Escape from institution or officer.

(a) No person shall escape or attempt to escape from:

(1) Any penal institution or facility in which that person is confined pursuant to an order issued by a court, judge, or commissioner of the District of Columbia;

(2) The lawful custody of an officer or employee of the District of Columbia or of the United States: or

(3) An institution or facility, whether located in the District of Columbia or elsewhere, in which a person committed to the Department of Youth Rehabilitation Services is placed.

(b) Any person who violates subsection (a) of this section shall be fined not more than $5,000 or imprisoned not more than 5 years, or both, said sentence to begin, if the person is an escaped prisoner, upon the expiration of the original sentence or disposition for the offense for which he or she was confined, committed, or in custody at the time of his or her escape.

CREDIT(S)

(July 15, 1932, 47 Stat. 698, ch. 492, § 8; June 6, 1940, 54 Stat. 243, ch. 254, § 6(a); July 29, 1970, 84 Stat. 574, Pub. L. 91-358, title I, § 157(b); Aug. 20, 1994, D.C. Law 10-151, § 203, 41 DCR 2608; June 3, 2011, D.C. Law 18-377, § 9, 58 DCR 1174.)

Current through April 16, 2013

DC ST § 22-2602   Formerly cited as DC ST 1981 § 22-2602

Effective:[See Text Amendments]

West’s District of Columbia Code Annotated 2001 Edition Currentness

Division IV. Criminal Law and Procedure and Prisoners.

Title 22. Criminal Offenses and Penalties. (Refs & Annos)

Subtitle I. Criminal Offenses.

Chapter 26. Prison Misconduct. (Refs & Annos)

Subchapter II. Misprisions.

§ 22-2602. Misprisions by officers or employees of jail. [Repealed]

CREDIT(S)

(Dec. 1, 1982, D.C. Law 4-164, § 602(oo), 29 DCR 3976.)

Current through April 16, 2013

DC ST § 22-2603.01   Formerly cited as DC ST 1981 § 22-2603

Effective: June 9, 2011

West’s District of Columbia Code Annotated 2001 Edition Currentness

Division IV. Criminal Law and Procedure and Prisoners.

Title 22. Criminal Offenses and Penalties. (Refs & Annos)

Subtitle I. Criminal Offenses.

Chapter 26. Prison Misconduct. (Refs & Annos)

Subchapter III. Introduction of Contraband Into Penal Institution.

§ 22-2603.01. Definitions

For the purposes of this subchapter, the term:

(1) “Cellular telephone or other portable communication device and accessories thereto” means any device carried, worn, or stored that is designed, intended, or readily converted to create, receive or transmit oral or written messages or visual images, access or store data, or connect electronically to the Internet, or any other electronic device that enables communication in any form. The term “cellular telephone or other portable communication device and accessories thereto” includes portable 2-way pagers, hand-held radios, cellular telephones, Blackberry-type devices, personal digital assistants or PDAs, computers, cameras, and any components of these devices. The term “cellular telephone or other portable communication device and accessories thereto” also includes any new technology that is developed for communication purposes and includes accessories that enable or facilitate the use of the cellular telephone or other portable communication device.

(2)(A) “Class A Contraband” means:

(i) Any item, the mere possession of which is unlawful under District of Columbia or federal law;

(ii) Any controlled substance listed or described in Unit A of Chapter 9 of Title 48, or any controlled substance scheduled by the Mayor pursuant to § 48-902.01;

(iii) Any dangerous weapon or object which is capable of such use as may endanger the safety or security of a penal institution or secure juvenile residential facility or any person therein, including,:

(I) A firearm or imitation firearm, or any component of a firearm;

(II) Ammunition or ammunition clip;

(III) A stun gun, taser, or other device capable of disrupting a person's nervous system;

(IV) Flammable liquid or explosive powder;

(V) A knife, screwdriver, ice pick, box cutter, needle, or any other object or tool that can be used for cutting, slicing, stabbing, or puncturing a person;

(VI) A shank or homemade knife; or

(VII) Tear gas, pepper spray, or other substance that can be used to cause temporary blindness or incapacitation;

(iv) Any object designed or intended to facilitate an escape;

(v) Handcuffs, security restraints, handcuff keys, or any other object designed or intended to lock, unlock, or release handcuffs or security restraints;

(vi) A hacksaw, hacksaw blade, wire cutter, file, or any other object or tool that can be used to cut through metal, concrete, or plastic;

(vii) Rope; or

(viii) When possessed by, given to, or intended to be given to an inmate or securely detained juvenile, a correctional officer's uniform, law enforcement officer's uniform, medical staff clothing, any other uniform, or civilian clothing.

(B) The term “Class A contraband” does not include any object or substance which a person is authorized to possess in the penal institution or secure juvenile residential facility by the director of the penal institution or secure juvenile residential facility and that is in the form or quantity for which it was authorized.

(3)(A) “Class B Contraband” means:

(i) Any alcoholic liquor or beverage;

(ii) A hypodermic needle or syringe or other item that can be used for the administration of unlawful controlled substances; or

(iii) A cellular telephone or other portable communication device and accessories thereto.

(B) The term “Class B contraband” does not include any object or substance which a person is authorized to possess in the penal institution or secure juvenile residential facility by the director of the penal institution or secure juvenile residential facility and that is in the form or quantity for which it was authorized.

(4)(A) “Class C Contraband” means any article or thing which a person confined in a penal institution or secure juvenile residential facility is prohibited from obtaining or possessing by rule. The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall promulgate by rulemaking the articles or things that are Class C contraband. The rules shall be posted in the facility to give notice of the prohibited articles or things.

(B) The term “Class C contraband” does not include any object or substance which a person is authorized to possess in the penal institution or secure juvenile residential facility by the director of the penal institution or secure juvenile residential facility and that is in the form or quantity for which it was authorized.

(5) “Grounds” means the area of land occupied by the penal institution or secure juvenile residential facility and its yard and outbuildings, with a clearly identified perimeter.

(6) “Penal institution” means any penitentiary, prison, jail, or secure facility owned, operated, or under the control of the Department of Corrections, whether located within the District of Columbia or elsewhere.

(7) “Secure juvenile residential facility” means a locked residential facility providing custody, supervision, and care for one or more juveniles that is owned, operated, or under the control of the Department of Youth Rehabilitation Services, excluding residential treatment facilities and accredited hospitals.

CREDIT(S)

(Dec. 15, 1941, 55 Stat. 800, ch. 572, § 1; June 25, 1948, 62 Stat. 991, ch. 646, § 32(b); May 24, 1949, 63 Stat. 107, ch. 139, § 127; July 29, 1970, 84 Stat. 572, Pub. L. 91-358, title I, § 155(c)(30); redesignated § 2, Dec. 10, 2009, D.C. Law 18-88, § 210, 56 DCR 7413; Nov. 6, 2010, D.C. Law 18-259, § 5, 57 DCR 5591; June 3, 2011, D.C. Law 18-377, § 10(a), 58 DCR 1174.)

Current through April 16, 2013

DC ST § 22-2603.02

Effective: June 9, 2011

West’s District of Columbia Code Annotated 2001 Edition Currentness

Division IV. Criminal Law and Procedure and Prisoners.

Title 22. Criminal Offenses and Penalties. (Refs & Annos)

Subtitle I. Criminal Offenses.

Chapter 26. Prison Misconduct. (Refs & Annos)

Subchapter III. Introduction of Contraband Into Penal Institution.

§ 22-2603.02. Unlawful possession of contraband.

(a) Except as authorized by law, the Mayor, the Director of the Department of Corrections, or the Director of the Department of Youth Rehabilitation Services, it is unlawful to:

(1) Knowingly bring Class A, Class B, or Class C contraband into or upon the grounds of a penal institution or a secure juvenile residential facility with the intent that it be given to or received by an inmate or securely detained juvenile;

(2) Knowingly cause another to bring Class A, Class B, or Class C contraband into or upon the grounds of a penal institution or a secure juvenile residential facility with the intent that it be given to or received by an inmate or securely detained juvenile; or

(3) Knowingly place Class A, Class B, or Class C contraband in such proximity to a penal institution or a secure juvenile residential facility with the intent to give an inmate, a securely detained juvenile, a staff member, or a visitor access to the contraband.

(b) It is unlawful for an inmate, or securely detained juvenile, to possess Class A, Class B, or Class C contraband, regardless of the intent with which he or she possesses it.

(c) It is unlawful for an employee of the Department of Corrections or Department of Youth Rehabilitation Services who becomes aware of any violation of this section to fail to report such knowledge as required by department regulations, policies, or procedures.

(d)(1) Any item listed as contraband is not deemed to be contraband when issued by a penal institution or secure juvenile residential facility to an employee and the item is being used in the performance of the employee's duties within the penal institution or secure juvenile residential facility.

(2) Any item listed as contraband is not deemed to be contraband when issued by a law enforcement agency to its sworn officers and the item is being used in the performance of his or her duties.

(e) It is not unlawful for an attorney, or representative or agent of an attorney, during the course of a visit for the purpose of legal representation of the inmate or securely detained juvenile, to:

(1) Possess a cellular telephone or other portable communication device and accessories thereto for the purpose of the legal visit for use by the attorney, representative, or agent, and not for the personal use of any inmate or securely detained juvenile; or

(2) Give or transmit to an inmate or securely detained juvenile legal written or recorded communication pertaining to his or her legal representation.

(f) It is not unlawful for a person to possess or carry a controlled substance that is prescribed to that person and that is medically necessary for that person to carry.

CREDIT(S)

(Dec. 15, 1941, 55 Stat. 800, ch. 572, § 1; June 25, 1948, 62 Stat. 991, ch. 646, § 32(b); May 24, 1949, 63 Stat. 107, ch. 139, § 127; July 29, 1970, 84 Stat. 572, Pub. L. 91-358, title I, § 155(c)(30); redesignated § 3, Dec. 10, 2009, D.C. Law 18-88, § 210, 56 DCR 7413; June 3, 2011, D.C. Law 18-377, § 10(b), 58 DCR 1174.)

Current through April 16, 2013

DC ST § 22-2603.03

Effective: December 10, 2009

West’s District of Columbia Code Annotated 2001 Edition Currentness

Division IV. Criminal Law and Procedure and Prisoners.

Title 22. Criminal Offenses and Penalties. (Refs & Annos)

Subtitle I. Criminal Offenses.

Chapter 26. Prison Misconduct. (Refs & Annos)

Subchapter III. Introduction of Contraband Into Penal Institution.

§ 22-2603.03. Penalties.

(a) A person convicted of violating this subchapter with regard to Class A contraband shall be imprisoned for not more than 10 years, fined not more than $10,000, or both.

(b) A person convicted of violating this subchapter with regard to Class B contraband shall be imprisoned for not more than 2 years, fined not more than $2,000, or both.

(c) A person convicted of violating § 22-2603.02(c) shall be imprisoned for not more than 1 year, fined not more than $1,000, or both.

(d) Any term of imprisonment imposed on an inmate or prisoner pursuant to this section shall be:

(1) Consecutive to the term of imprisonment being served at the time this offense was committed; or

(2) If the inmate was confined pending trial or sentencing, consecutive to any term of imprisonment imposed in the case in which the inmate was being detained at the time this offense was committed.

(e) The violation of this subchapter with regard to Class C contraband shall be an administrative penalty prescribed by the Department of Corrections or the Department of Youth Rehabilitation Services.

CREDIT(S)

(Dec. 15, 1941, 55 Stat. 800, ch. 572, § 1; June 25, 1948, 62 Stat. 991, ch. 646, § 32(b); May 24, 1949, 63 Stat. 107, ch. 139, § 127; July 29, 1970, 84 Stat. 572, Pub. L. 91-358, title I, § 155(c)(30); redesignated § 4, Dec. 10, 2009, D.C. Law 18-88, § 210, 56 DCR 7413.)

Current through April 16, 2013

DC ST § 22-2603.04

Effective: December 10, 2009

West’s District of Columbia Code Annotated 2001 Edition Currentness

Division IV. Criminal Law and Procedure and Prisoners.

Title 22. Criminal Offenses and Penalties. (Refs & Annos)

Subtitle I. Criminal Offenses.

Chapter 26. Prison Misconduct. (Refs & Annos)

Subchapter III. Introduction of Contraband Into Penal Institution.

§ 22-2603.04. Detainment power.

Any person who, being lawfully upon the grounds of the penal institution, introduces or attempts to introduce contraband prohibited by § 2-2603.02(a) may be taken into custody by the warden and detained for not more than 2 hours, pending surrender to a police officer with the Metropolitan Police Department.

CREDIT(S)

(Dec. 15, 1941, 55 Stat. 800, ch. 572, § 1; June 25, 1948, 62 Stat. 991, ch. 646, § 32(b); May 24, 1949, 63 Stat. 107, ch. 139, § 127; July 29, 1970, 84 Stat. 572, Pub. L. 91-358, title I, § 155(c)(30); redesignated § 5, Dec. 10, 2009, D.C. Law 18-88, § 210, 56 DCR 7413.)

Current through April 16, 2013

DC ST § 22-2701   Formerly cited as DC ST 1981 § 22-2701

O.R.S. § 162.335

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Obstructing Governmental Administration

162.335. Compounding

(1) A person commits the crime of compounding if the person accepts or agrees to accept any pecuniary benefit as consideration for refraining from reporting to law enforcement authorities the commission or suspected commission of any felony or information relating to a felony.

(2) Compounding is a Class A misdemeanor.

CREDIT(S)

Laws 1971, c. 743, § 208.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

SDCL § 22-11-36

 

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-11. Obstruction of the Administration of Government (Refs & Annos)

22-11-36. Killing, injury, or interference with a law enforcement support animal prohibited--Felony or misdemeanor

If any person intentionally and unjustifiably kills a law enforcement animal, the person is guilty of a Class 6 felony. If any person intentionally and unjustifiably causes physical injury to, torments, strikes, disables, or tampers with a law enforcement support animal, the person is guilty of Class 1 misdemeanor. If any person harasses, taunts, or provokes a law enforcement support animal; interferes with a law enforcement support animal while the animal is working; or interferes with the individual handling the animal, the person is guilty of Class 2 misdemeanor. For purposes of this section, the term, law enforcement support animal, means any animal that is on duty which is being used by or on behalf of a law enforcement officer in the performance of the officer's functions and duties.

This section does not apply to a law enforcement officer or a veterinarian who terminates the life of a law enforcement support animal to relieve the animal of undue suffering and pain.

CREDIT(S)

Source: SL 2010, ch 113, § 1.

 

Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10

O.R.S. § 167.820

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 167. Offenses Against Public Health, Decency and Animals (Refs & Annos)

Miscellaneous

167.820. Concealing birth of an infant

(1) A person commits the crime of concealing the birth of an infant if the person conceals the corpse of a newborn child with intent to conceal the fact of its birth or to prevent a determination of whether it was born dead or alive.

(2) Concealing the birth of an infant is a Class A misdemeanor.

CREDIT(S)

Laws 1971, c. 743, § 286.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

21 Okl.St.Ann. § 531

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 531. Destruction or falsification of records

Any sheriff, coroner, clerk of a court, constable or other ministerial officer, and every deputy or subordinate of any ministerial officer who mutilates, destroys, conceals, erases, obliterates or falsifies any record or paper appertaining to his office shall be guilty of a felony.

CREDIT(S)

R.L.1910, § 2243; Laws 1997, c. 133, § 207, eff. July 1, 1999; Laws 2002, c. 460, § 5, eff. Nov. 1, 2002.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 532

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 532. Permitting escapes

Any sheriff, coroner, clerk of a court, constable or other ministerial officer and any deputy or subordinate of any ministerial officer, who either:

1. Willfully or carelessly allows any person lawfully held by him in custody to escape or go at large, except as may be permitted by law; or

2. Receives any gratuity or reward, or any security or promise of one, to procure, assist, connive at or permit any prisoner in his custody to escape, whether such escape is attempted or not; or

3. Commits any unlawful act tending to hinder justice,

shall be guilty of a felony.

CREDIT(S)

R.L.1910, § 2244; Laws 1997, c. 133, § 208, eff. July 1, 1999.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 533

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 533. Refusing to receive or fingerprint prisoners--Medical exceptions

A. Except as provided in this section and Section 979a of Title 22 of the Oklahoma Statutes, for emergency medical treatment for an injury or condition that threatens life or threatens the loss or use of a limb, any peace officer or jail or prison contractor who, in violation of a duty imposed upon the officer or contractor by law or by contract to receive into custody any person as a prisoner, willfully neglects or refuses so to receive such person into custody is guilty of a misdemeanor.

B. Except as provided in this section and Section 979a of Title 22 of the Oklahoma Statutes, for emergency medical treatment for an injury or condition that threatens life or threatens the loss or use of a limb, any peace officer or jail or prison contractor who, in violation of a duty imposed upon the officer or contractor by law or by contract to fingerprint any person received into custody as a prisoner, willfully neglects or refuses so to fingerprint such person is guilty of a misdemeanor.

C. Any person coming into contact with a peace officer prior to being actually received into custody at a jail facility or holding facility, including, but not limited to, during the time of any arrest, detention, transportation, investigation of any incident, accident or crime, who needs emergency medical treatment for an injury or condition that threatens life or threatens the loss or use of a limb, shall be taken directly to a medical facility or hospital for such emergency medical care notwithstanding any duty imposed pursuant to this section or any other provision of law to first take such person into custody or to fingerprint such person. The responsibility for payment of such emergency medical costs shall be the sole responsibility of the person coming into the officer's contact and shall not be the responsibility of any jail, law enforcement agency, jail or prison contractor, sheriff, peace officer, municipality or county, except when the condition is a direct result of injury caused by such officer acting outside the scope of lawful authority.

CREDIT(S)

R.L.1910, § 2245; Laws 2003, c. 199, § 1, eff. Nov. 1, 2003; Laws 2005, c. 470, § 1, emerg. eff. June 9, 2005.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 534

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 534. Delaying to take before magistrate

Every public officer or other person having arrested any person upon any criminal charge, who willfully delays to take such person before a magistrate having jurisdiction to take his examination, is guilty of a misdemeanor.

CREDIT(S)

R.L.1910, § 2246.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 535

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 535. Arrest without authority

Every public officer or person pretending to be a public officer, who under the pretense or color of any process or other legal authority, arrests any person, or detains him against his will, or seizes or levies upon any property, or dispossesses anyone of any lands or tenements without due and legal process, is guilty of a misdemeanor.

CREDIT(S)

R.L.1910, § 2247.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 536

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 536. Misconduct in executing a search warrant

Every peace officer who, in executing a search warrant, willfully exceeds his authority, or exercises it with unnecessary severity, is guilty of a misdemeanor.

CREDIT(S)

R.L.1910, § 2248.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 537

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 537. Refusing to aid officer

Every person who, after having been lawfully commanded to aid any officer in arresting any person or in retaking any person who has escaped from legal custody, or in executing any legal process, willfully neglects or refuses to aid such officer, is guilty of a misdemeanor.

CREDIT(S)

R.L.1910, § 2249.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 538

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 538. Refusing to make arrest

Every person who, after having been lawfully commanded by any magistrate to arrest another person, willfully neglects or refuses so to do, is guilty of a misdemeanor.

CREDIT(S)

R.L.1910, § 2250.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 539

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 539. Resisting execution of process in time of insurrection

Any person who, after proclamation issued by the Governor declaring any county to be in a state of insurrection, resists or aids in resisting the execution of process in the county declared to be in a state of insurrection, or who aids or attempts the rescue or escape of another from lawful custody or confinement, or who resists or aids in resisting a force ordered out by the government to quell or suppress an insurrection, shall be guilty of a felony punishable by imprisonment in the State Penitentiary for not less than two (2) years.

CREDIT(S)

R.L.1910, § 2251; Laws 1997, c. 133, § 209, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 117, eff. July 1, 1999.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 540

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 540. Obstructing officer

Every person who willfully delays or obstructs any public officer in the discharge or attempt to discharge any duty of his office, is guilty of a misdemeanor.

CREDIT(S)

R.L.1910, § 2252.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 540A

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 540A. Eluding police officer

A. Any operator of a motor vehicle who has received a visual and audible signal, a red light and a siren from a peace officer driving a motor vehicle showing the same to be an official police, sheriff, highway patrol or state game ranger vehicle directing the operator to bring the vehicle to a stop and who willfully increases the speed or extinguishes the lights of the vehicle in an attempt to elude such peace officer, or willfully attempts in any other manner to elude the peace officer, or who does elude such peace officer, is guilty of a misdemeanor. The peace officer, while attempting to stop a violator of this section, may communicate a request for the assistance of other peace officers from any office, department or agency. Any peace officer within this state having knowledge of such request is authorized to render such assistance in stopping the violator and may effect an arrest under this section upon probable cause. Violation of this subsection shall constitute a misdemeanor and shall be punishable by not more than one (1) year imprisonment in the county jail or by a fine of not less than One Hundred Dollars ($100.00) nor more than Two Thousand Dollars ($2,000.00) or by both such fine and imprisonment. A second or subsequent violation of this subsection shall be punishable by not more than one (1) year in the county jail or by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00) or both such fine and imprisonment.

B. Any person who violates the provisions of subsection A of this section in such manner as to endanger any other person shall be deemed guilty of a felony punishable by imprisonment in the State Penitentiary for a term of not less than one (1) year nor more than five (5) years, or by a fine of not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment.

C. 1. Any person who causes an accident, while eluding or attempting to elude an officer, resulting in great bodily injury to any other person while driving or operating a motor vehicle within this state and who is in violation of the provisions of subsection A of this section may be charged with a violation of the provisions of this subsection. Any person who is convicted of a violation of the provisions of this subsection shall be deemed guilty of a felony punishable by imprisonment in a state correctional institution for not less than one (1) year and not more than five (5) years, and a fine of not more than Five Thousand Dollars ($5,000.00).

2. As used in this subsection, “great bodily injury” means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

CREDIT(S)

Laws 1965, c. 52, § 1, emerg. eff. March 26, 1965; Laws 1980, c. 115, § 1; Laws 1981, c. 104, § 1; Laws 1991, c. 81, § 1, emerg. eff. April 18, 1991; Laws 1991, c. 182, § 63, eff. Sept. 1, 1991; Laws 1996, c. 110, § 1, eff. Nov. 1, 1996; Laws 1997, c. 133, § 210, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 118, eff. July 1, 1999; Laws 2000, c. 185, § 1, eff. July 1, 2000.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 540B

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 540B. Roadblocks

A peace officer may set up one or more roadblocks to apprehend any person riding upon or within a motor vehicle traveling upon a highway, street, turnpike, or area accessible to motoring public, when the officer has probable cause to believe such person is committing or has committed:

1. A violation of Section 540A of this title;

2. Escape from the lawful custody of any peace officer;

3. A felony under the laws of this state or the laws of any other jurisdiction.

A roadblock is defined as a barricade, sign, standing motor vehicle, or similar obstacle temporarily placed upon or adjacent to a public street, highway, turnpike or area accessible to the motoring public, with one or more peace officers in attendance thereof directing each operator of approaching motor vehicles to stop or proceed.

Any operator of a motor vehicle approaching such roadblock has a duty to stop at the roadblock unless directed otherwise by a peace officer in attendance thereof and the willful violation hereof shall constitute a separate offense from any other offense committed. Any person who willfully attempts to avoid such roadblock or in any manner willfully fails to stop at such roadblock or who willfully passes by or through such roadblock without receiving permission from a peace officer in attendance thereto is guilty of a felony and shall be punished by imprisonment in the State Penitentiary for not less than one (1) year, nor more than five (5) years, or by a fine not exceeding Five Thousand Dollars ($5,000.00) or by both such fine and imprisonment.

CREDIT(S)

Laws 1980, c. 115, § 2; Laws 1997, c. 133, § 211, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 119, eff. July 1, 1999.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 540C

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 540C. Fortification of access point to place where felony under Controlled Dangerous Substances Act being committed or attempted

A. It shall be unlawful for any person to willfully fortify an access point into any dwelling, structure, building or other place where a felony offense prohibited by the Uniform Controlled Dangerous Substances Act [FN1] is being committed, or attempted, and the fortification is for the purpose of preventing or delaying entry or access by a law enforcement officer, or to harm or injure a law enforcement officer in the performance of official duties.

B. For purposes of this section, “fortify an access point” means to willfully construct, install, position, use or hold any material or device designed to injure a person upon entry or to strengthen, defend, restrict or obstruct any door, window or other opening into a dwelling, structure, building or other place to any extent beyond the security provided by a commercial alarm system, lock or deadbolt, or a combination of alarm, lock or deadbolt.

C. Any person violating the provisions of this section shall, upon conviction, be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a term of not more than five (5) years, or by a fine in an amount not exceeding Ten Thousand Dollars ($10,000.00), or by both such fine and imprisonment.

CREDIT(S)

Laws 2009, c. 405, § 1, eff. Nov. 1, 2009.

[FN1]Title 63, § 2-101 et seq.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 541

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 541. Extrajudicial oaths

Every person who takes an oath before an officer or person authorized to administer judicial oaths, except when such oath is required or authorized by law, or is required by the provisions of some contract as the basis of or in proof of a claim, or when the same has been agreed to be received by some person as proof of any fact, in the performance of any contract, obligation or duty instead of other evidence, is guilty of a misdemeanor.

CREDIT(S)

R.L.1910, § 2253.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 542

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 542. Administering extrajudicial oaths

Every officer or other person who administers an oath to another person, or who makes and delivers any certificate that another person, has taken an oath, except when such oath is required by the provisions of some contract as a basis of or proof of a claim, or when the same has been agreed to be received by some person as proof of any fact in the performance of any contract, obligation or duty, instead of other evidence, is guilty of a misdemeanor.

CREDIT(S)

R.L.1910, § 2254.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 543

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 543. Compounding crimes

Any person who, having knowledge of the actual commission of a crime or violation of statute, takes any money or property of another, or any gratuity or reward, or any engagement or promise therefor, upon any agreement or understanding, express or implied, to compound or conceal such crime, or violation of statute, or to abstain from any prosecution therefor, or to withhold any evidence thereof, is punishable as follows:

1. By imprisonment for a felony in the State Penitentiary not exceeding five (5) years, or in a county jail not exceeding one (1) year, if the crime compounded is one punishable either by death or by imprisonment in the State Penitentiary for life;

2. By imprisonment for a felony in the State Penitentiary not exceeding three (3) years, or in a county jail not exceeding six (6) months, if the crime compounded was punishable by imprisonment in the State Penitentiary for any other term than for life; or

3. By imprisonment in a county jail not exceeding one (1) year, or by a fine not exceeding Two Hundred Fifty Dollars ($250.00), or by both such fine and imprisonment, if the crime or violation of statute compounded is a crime punishable by imprisonment in a county jail, or by fine, or is a misdemeanor, or violation of statute for which a pecuniary or other penalty or forfeiture is prescribed.

CREDIT(S)

R.L.1910, § 2255; Laws 1997, c. 133, § 212, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 120, eff. July 1, 1999.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 544

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 544. Compounding prosecution

Every person who takes any money or property of another, or any gratuity or reward, or any engagement or promise therefor, upon any agreement or understanding, express or implied, to compound, discontinue or delay any prosecution then pending for any crime or violation of statute, or to withhold any evidence in aid thereof, is guilty of a misdemeanor.

CREDIT(S)

R.L.1910, § 2256.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 545

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 545. Attempt to intimidate officer

Every person who, directly or indirectly, utters or addresses any threat or intimidation to any judicial or ministerial officer, to any juror, referee, arbitrator, umpire or assessor or other person authorized by law to hear or determine any controversy, with intent to induce him either to any act not authorized by law, or to omit or delay the performance of any duty imposed upon him by law, is guilty of a misdemeanor.

CREDIT(S)

R.L.1910, § 2257.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 546

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 546. Suppressing evidence

Every person who maliciously practices any deceit or fraud, or uses any threat, menace or violence, with intent to prevent any party to an action or proceeding from obtaining or producing therein any book, paper, or other matter or thing which might be evidence, or from procuring the attendance or testimony of any witness therein, or with intent to prevent any person having in his possession any book, paper or other matter or thing which might be evidence in such suit or proceeding, or prevent any person being cognizant of any fact material thereto from producing or disclosing the same, is guilty of a misdemeanor.

CREDIT(S)

R.L.1910, § 2258.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 547

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 547. Buying lands in suit

Every person who takes any conveyance of any lands or tenements, or of any interest or estate therein, from any person not being in the possession thereof, while such lands or tenements are the subject of controversy, by suit in any court, knowing the pendency of such suit, and that the grantor was not in possession of such lands or tenements, is guilty of a misdemeanor.

CREDIT(S)

R.L.1910, § 2259.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 548

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 548. Buying or selling pretended right or title to land

Any person who buys or sells, or in any manner procures, or makes or takes any promise or covenant to convey any pretended right or title to any lands or tenements, unless the grantor thereof, or the person making such promise or covenant has been in possession, or he and those by whom he claims have been in possession of the same, or of the reversion and remainder thereof, or have taken the rents and profits thereof for the space of one (1) year before such grant, conveyance, sale promise, or covenant made, is guilty of a misdemeanor. Provided, however, that the provisions of this section shall not be construed to be a restriction or limitation upon the sale of Indian lands by the allottees or the heirs of such allottees of their inherited interest in said lands.

CREDIT(S)

R.L.1910, § 2260; Laws 1915, c. 191, § 1, emerg. eff. April 2, 1915; Laws 1919, c. 170, p. 245, § 1, emerg. eff. April 8, 1919.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 549

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 549. Mortgage of land adversely possessed not prohibited

The two last sections [FN1] shall not be construed to prevent any person having a just title to lands, upon which there shall be an adverse possession, from executing a mortgage on such lands.

CREDIT(S)

R.L.1910, § 2261.

[FN1] Title 21, §§ 548, 549.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 550

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 550. Common barratry defined

Common barratry is the practice of exciting groundless judicial proceedings.

CREDIT(S)

R.L.1910, § 2262.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 551

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 551. Barratry a misdemeanor

Common barratry is a misdemeanor.

CREDIT(S)

R.L.1910, § 2263.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 552

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 552. Repealed by Laws 1997, c. 405, § 8, emerg. eff. June 13, 1997

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 553

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 553. Interest of accused no defense to barratry prosecution

Upon prosecution for common barratry the fact that the accused was himself a party in interest or upon the record to any proceedings at law complained of, is not a defense.

CREDIT(S)

R.L.1910, § 2265.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 554

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 554. Attorneys--Buying demands for suit--Misleading inferior courts

Every attorney who either directly or indirectly buys or is interested in buying any evidence of debt or thing in action with intent to bring suit thereon is guilty of a misdemeanor. Any attorney who in any proceeding before any court of a justice of the peace or police judge or other inferior court in which he appears as attorney, willfully misstates any proposition or seeks to mislead the court in any matter of law is guilty of a misdemeanor and on any trial therefor the state shall only be held to prove to the court that the cause was pending, that the defendant appeared as an attorney in the action, and showing what the legal statement was, wherein it is not the law. If the defense be that the act was not willful the burden shall be on the defendant to prove that he did not know that there was error in his statement of the law.

CREDIT(S)

R.L.1910, § 2266.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 555

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 555. District attorneys and their partners

Every attorney who directly or indirectly advises in relation to, or aids or promotes the defense of any action or proceeding in any court, the prosecution of which is carried on, aided or promoted by any person as district attorney or other public prosecutor; with whom such person is directly or indirectly connected as a partner, or who takes or receives, directly or indirectly, from or on behalf of any defendant therein, any valuable consideration, upon any understanding or agreement whatever, express or implied, having relation to the defense thereof, is guilty of a misdemeanor; and in addition to the punishment prescribed therefor, he shall forfeit his license to practice.

CREDIT(S)

R.L.1910, § 2267.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 556

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 556. Prosecutor advising the defense

Every attorney who, having prosecuted or in any manner aided or promoted any action or proceeding in any court, as district attorney or other public prosecutor, afterward, directly or indirectly, advises in relation to, or takes any part in the defense thereof, as attorney or otherwise, or takes or receives any valuable consideration from or on behalf of any defendant therein, upon any understanding or agreement whatever, express or implied, having relation to the defense thereof, is guilty of a misdemeanor; and in addition to the punishment prescribed therefor he shall forfeit his license to practice.

CREDIT(S)

R.L.1910, § 2268.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 557

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 557. Attorneys may defend themselves

The two last sections [FN1] do not prohibit an attorney from defending himself in person, as attorney or as counsel, when prosecuted either civilly or criminally.

CREDIT(S)

R.L.1910, § 2269.

[FN1] Title 21, §§ 555, 556.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 558

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 558. Repealed by Laws 1968, c. 295, § 6, eff. Jan. 13, 1969

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 559

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 559. Claims for collection, loans or advances on

Every attorney, justice of the peace or constable, who, directly or indirectly, lends or advances any money or property, or agrees for or procures any loan or advance, to any person, as a consideration for or inducement toward committing any evidence of debt or thing in action to such attorney, justice, constable or any other person, for collection, is guilty of a misdemeanor.

CREDIT(S)

R.L.1910, § 2271.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 560

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§§ 560, 561. Repealed by Laws 1968, c. 295, § 6, eff. Jan. 13, 1969

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 561

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§§ 560, 561. Repealed by Laws 1968, c. 295, § 6, eff. Jan. 13, 1969

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 562

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 562. Receiving claims in payment of debts

Nothing in the preceding sections shall be construed to prohibit the receiving in payment of any evidence of debt or thing in action for any estate, real or personal, or for any services of any attorney actually rendered, or for a debt antecedently contracted, or the buying or receiving any evidence of debt or the thing in action for the purpose of remittance, and without any intent to violate the preceding section. [FN1]

CREDIT(S)

R.L.1910, § 2274.

[FN1] Title 21, § 561.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 563

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 563. Application of preceding sections

The provisions of the foregoing sections relating to the buying of claims by an attorney with intent to prosecute them, or to the lending or advancing money by an attorney in consideration of a claim being delivered for collection, shall apply to every case of such buying a claim, or lending or advancing money by any person prosecuting a suit or demanding in person.

CREDIT(S)

R.L.1910, § 2275.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 564

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 564. Privilege of witnesses in respect to claims or debts sold

No person shall be excused from testifying in any civil action, to any facts showing that an evidence of debt or thing in action has been bought, sold or received contrary to law, upon the ground that his testimony might tend to convict him of a crime. But no evidence derived from the examination of such person shall be received against him upon any criminal prosecution.

CREDIT(S)

R.L.1910, § 2276.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 565

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 565. Contempts, direct and indirect--Definition

Contempts of court shall be divided into direct and indirect contempts. Direct contempts shall consist of disorderly or insolent behavior committed during the session of the court and in its immediate view, and presence, and of the unlawful and willful refusal of any person to be sworn as a witness, and the refusal to answer any legal or proper question; and any breach of the peace, noise or disturbance, so near to it as to interrupt its proceedings, shall be deemed direct contempt of court, and may be summarily punished as hereinafter provided for. Indirect contempts of court shall consist of willful disobedience of any process or order lawfully issued or made by court; resistance willfully offered by any person to the execution of a lawful order or process of a court.

CREDIT(S)

R.L.1910, § 2277.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 565.1

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 565.1. Trial court--Power to punish contempt--Censure--Contempt proceedings

A. The trial judge has the power to cite for contempt anyone who, in his presence in open court, willfully obstructs judicial proceedings. If necessary, the trial judge may punish a person cited for contempt after an opportunity to be heard has been given.

B. Censure shall be imposed by the trial judge only if:

1. it is clear from the identity of the offender and the character of his acts that disruptive conduct is willfully contemptuous; or

2. the conduct warranting the sanction is preceded by a clear warning that the conduct is impermissible and that specified sanctions may be imposed for its repetition.

C. The trial judge, as soon as practicable after he is satisfied that courtroom misconduct requires contempt proceedings, should inform the alleged offender of his intention to institute said proceedings.

D. Before imposing any punishment for contempt, the judge shall give the offender notice of the charges and an opportunity to adduce evidence or argument relevant to guilt or punishment.

E. The judge before whom courtroom misconduct occurs may impose appropriate sanctions including punishment for contempt. If the judge's conduct was so integrated with the contempt that he contributed to it or was otherwise involved or his objectivity can reasonably be questioned, the matter shall be referred to another judge.

CREDIT(S)

Laws 1984, c. 14, § 1, eff. Nov. 1, 1984.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 566

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 566. Direct or indirect contempt--Penalties--Cases involving failure to comply with court orders regarding children

A. Unless otherwise provided for by law, punishment for direct or indirect contempt shall be by the imposition of a fine in a sum not exceeding Five Hundred Dollars ($500.00) or by imprisonment in the county jail not exceeding six (6) months, or by both, at the discretion of the court.

B. Any court in this state has the power to enforce an order for current child support, past-due child support and child support arrearage payments, other support, visitation, or other court orders regarding minor children and to punish an individual for failure to comply therewith, as set forth in subsection A of this section. Venue for an action under this section is proper, at the option of the petitioner:

1. In the county in this state in which the support order was entered, docketed or registered;

2. In the county in this state in which the obligee resides; or

3. In the county in this state in which the obligor resides or receives income.

Orders for current child support, past-due child support and child support arrearage payments are enforceable until paid in full. The remedies provided by this section are available regardless of the age of the child.

CREDIT(S)

R.L.1910, § 2278; Laws 1984, c. 14, § 2, eff. Nov. 1, 1984; Laws 1989, c. 362, § 5, eff. Nov. 1, 1989; Laws 1990, c. 101, § 1, operative July 1, 1990; Laws 2002, c. 461, § 1, eff. Nov. 1, 2002; Laws 2007, c. 140, § 1, eff. Nov. 1, 2007; Laws 2008, c. 407, § 12, eff. Nov. 1, 2008.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 566.1

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 566.1. Noncompliance with child support order--Indirect civil contempt

A. When a court of competent jurisdiction has entered an order compelling a parent to furnish child support, necessary food, clothing, shelter, medical support, payment of child care expenses, or other remedial care for the minor child of the parent:

1. Proof that:

a. the order was made, filed, and served on the parent,

b. the parent had actual knowledge of the existence of the order,

c. the order was granted by default after prior due process notice to the parent, or

d. the parent was present in court at the time the order was pronounced; and

2. Proof of noncompliance with the order,

shall be prima facie evidence of an indirect civil contempt of court.

B. 1. In the case of indirect contempt for the failure to comply with an order for child support, child support arrears, or other support, punishment shall be, at the discretion of the court:

a. incarceration in the county jail not exceeding six (6) months, or

b. incarceration in the county jail on weekends or at other times that allow the obligor to be employed, seek employment or engage in other activities ordered by the court.

2. Punishment may also include imposition of a fine in a sum not exceeding Five Hundred Dollars ($500.00).

C. 1. During proceedings for indirect contempt of court, the court may order the obligor to complete an alternative program and comply with a payment plan for child support and arrears. If the obligor fails to complete the alternative program and comply with the payment plan, the court shall proceed with the indirect contempt and shall impose punishment pursuant to subsection B of this section.

2. An alternative program may include:

a. a problem-solving court program for obligors when child support services under the state child support plan as provided in Section 237 of Title 56 of the Oklahoma Statutes are being provided for the benefit of the child. A problem-solving court program is an immediate and highly structured judicial intervention process for the obligor and requires completion of a participation agreement by the obligor and monitoring by the court. A problem-solving court program differs in practice and design from the traditional adversarial contempt prosecution and trial systems. The problem-solving court program uses a team approach administered by the judge in cooperation with a child support state's attorney and a child support court liaison who focuses on removing the obstacles causing the nonpayment of the obligor. The obligors in this program shall be required to sign an agreement to participate in this program as a condition of the Department of Human Services agreement to stay contempt proceedings or in lieu of incarceration after a finding of guilt. The court liaisons assess the needs of the obligor, develop a community referral network, make referrals, monitor the compliance of the obligor in the program, and provide status reports to the court, and

b. participation in programs such as counseling, treatment, educational training, social skills training or employment training to which the obligor reports daily or on a regular basis at specified times for a specified length of time.

D. In the case of indirect contempt for the failure to comply with an order for child support, child support arrears, or other support, the Supreme Court shall promulgate guidelines for determination of the sentence and purge fee. If the court fails to follow the guidelines, the court shall make a specific finding stating the reasons why the imposition of the guidelines would result in inequity. The factors that shall be used in determining the sentence and purge fee are:

1. The proportion of the child support, child support arrearage payments, or other support that was unpaid in relation to the amount of support that was ordered paid;

2. The proportion of the child support, child support arrearage payments, or other support that could have been paid by the party found in contempt in relation to the amount of support that was ordered paid;

3. The present capacity of the party found in contempt to pay any arrearages;

4. Any willful actions taken by the party found in contempt to reduce the capacity of that party to pay any arrearages;

5. The past history of compliance or noncompliance with the support order; and

6. Willful acts to avoid the jurisdiction of the court.

CREDIT(S)

Laws 2008, c. 407, § 13, eff. Nov. 1, 2008.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 567

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 567. Indirect contempts--Proceedings

A. In all cases of indirect contempt the party charged with contempt shall be notified in writing of the accusation and have a reasonable time for defense; and the party so charged shall, upon demand, have a trial by jury.

B. In the event the party so charged shall demand a trial by jury, the court shall thereupon set the case for trial at the next jury term of said court, unless such time is waived by the party so charged, in which event the case shall be set for trial at a time determined by the court. The court shall fix the amount of an appearance bond to be posted by said party charged, which bond shall be signed by said party and two sureties, which sureties together shall qualify by showing ownership of real property, the equal of which property shall be in double the amount of the bond, or, in the alternative, the party charged may deposit with the court clerk cash equal to the amount of the appearance bond.

C. In a case of indirect contempt, it shall not be necessary for the party alleging indirect contempt, or an attorney for that party, to attend an initial appearance or arraignment hearing for the party charged with contempt, unless the party alleging the indirect contempt is seeking a cash bond. If a cash bond is not being requested, the clerk of the court shall, upon request, notify the party alleging the indirect contempt of the date of the trial.

CREDIT(S)

R.L.1910, § 2279; Laws 1963, c. 55, § 1, emerg. eff. May 13, 1963; Laws 1990, c. 309, § 8, eff. Sept. 1, 1990; Laws 1993, c. 73, § 1, eff. Sept. 1, 1993; Laws 1997, c. 403, § 6, eff. Nov. 1, 1997.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 567A

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 567A. Violation of child custody order--Affirmative defense--Emergency or protective custody

A. Any parent or other person who violates an order of any court of this state granting the custody of a child under the age of eighteen (18) years to any person, agency, institution, or other facility, with the intent to deprive the lawful custodian of the custody of the child, shall be guilty of a felony. The fine for a violation of this subsection shall not exceed Five Thousand Dollars ($5,000.00).

B. The offender shall have an affirmative defense if the offender reasonably believes that the act was necessary to preserve the child from physical, mental, or emotional danger to the child's welfare and the offender notifies the local law enforcement agency nearest to the location where the custodian of the child resides.

C. If a child is removed from the custody of the child's lawful custodian pursuant to the provisions of this section any law enforcement officer may take the child into custody without a court order and, unless there is a specific court order directing a law enforcement officer to take the child into custody and release or return the child to a lawful custodian, the child shall be held in emergency or protective custody pursuant to the provisions of Section 1-4-201 of Title 10A of the Oklahoma Statutes.

CREDIT(S)

Laws 1999, c. 385, § 1, emerg. eff. June 8, 1999; Laws 2009, c. 234, § 119, emerg. eff. May 21, 2009.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 567B

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 567B. Failure to appear for jury service--Sanctions

An individual who fails to appear in person on the date scheduled for jury service and who has failed to obtain a postponement in compliance with the provisions for requesting a postponement, or who fails to appear on the date set pursuant to Section 9 of this act, [FN1] shall be in indirect contempt of court and shall be punished by the imposition of a fine not to exceed Five Hundred Dollars ($500.00). The prospective juror may be excused from paying sanctions for good cause shown or in the interests of justice. In addition to or in lieu of the fine, the court may order that the prospective juror complete a period of community service for a period no less than if the prospective juror would have completed jury service, and provide proof of completion of this community service to the court.

CREDIT(S)

Laws 2004, c. 525, § 1, eff. July 1, 2004.

[FN1] O.S.L.2004, c. 525, § 9 [Title 38, § 28.1].

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 568

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 568. Contempt--Substance of offense made of record

Whenever a person shall be imprisoned for contempt the substance of the offense shall be set forth in the order for his confinement, and made a matter of record in the court.

CREDIT(S)

R.L.1910, § 2280.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 569

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 569. Attorneys--Second application to another judge to stay trial

Every attorney or counselor at law who, knowing that an application has been made for an order staying the trial of an indictment, to a judge authorized to grant the same, and has been denied, without leave reserved to renew it, makes an application to another judge to stay the same trial, is guilty of a misdemeanor.

CREDIT(S)

R.L.1910, § 2281.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 570

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 570. Grand juror acting after challenge allowed

Every grand juror who, with knowledge that a challenge, interposed against him by a defendant, has been allowed, is present at or takes part, or attempts to take part, in the consideration of the charge against the defendant who interposed the challenge, or the deliberations of the grand jury thereon, is guilty of a misdemeanor.

CREDIT(S)

R.L.1910, § 2282.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 571

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 571. Disclosure of deposition

Every magistrate, or clerk of any magistrate, who willfully permits any deposition taken on an information or examination of a defendant before such magistrate, and remaining in the custody of such magistrate or clerk to be inspected by any person except a judge of a court having jurisdiction of the offense, the Attorney General, the district attorney and his assistants, and the defendant and his counsel, is guilty of a misdemeanor.

CREDIT(S)

R.L.1910, § 2283.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 572

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 572. Disclosure of deposition returned by grand jury

Every clerk of any court who willfully permits any deposition returned by any grand jury with a presentment made by them, and filed with such clerk, to be inspected by any person except the court, the deputies or assistants of such clerk, and the district attorney and his assistants, until after the arrest of the defendant, is guilty of a misdemeanor.

CREDIT(S)

R.L.1910, § 2284.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 573

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 573. Fraudulent concealment of property

Every person who, having been called upon, by the lawful order of any court, to make a true exhibit of his real and personal effects, either:

1. Willfully conceals any of his estate or effects, or any books or writing relative thereto; or,

2. Willfully omits to disclose to the court any debts or demands which he has collected, or any transfer of his property which he had made after being ordered to make an exhibit thereof, is guilty of a misdemeanor.

CREDIT(S)

R.L.1910, § 2285.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 574

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 574. Repealed by Laws 1976, c. 42, § 1, emerg. eff. April 5, 1976

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 575

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 575. Attorneys, misconduct by--Deceit--Delaying suit--Receiving allowance for money not laid out

Every attorney who, whether as attorney or as counselor, who:

1st, is guilty of any deceit or collusion, or consents to any deceit or collusion with intent to deceive the court or any party; or,

2nd, willfully delays his client's suit, with a view to his own gain; or,

3rd, willfully receives any money or allowance for or on account of any money which he has not laid out or become answerable for, is guilty of a misdemeanor; and, in addition to the punishment prescribed therefor by this code, he forfeits to the party injured treble damages, to be recovered in a civil action.

CREDIT(S)

R.L.1910, § 2287.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 576

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 576. Attorney permitting other person to use his name

If any attorney knowingly permits any person not being his general law partner or a clerk in his office to sue out any process or to prosecute or defend any action in his name, except as authorized by the next section, [FN1] such attorney, and every person who shall so use his name is guilty of a misdemeanor.

CREDIT(S)

R.L.1910, § 2288.

[FN1]Title 21, § 577.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 577

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 577. Attorneys, use of name lawful, when

Whenever an action or proceeding is authorized by law to be prosecuted or defended in the name of the people, or of any public officer, board of officers or municipal corporation, on behalf of another party, the Attorney General or district attorney, or attorney of such public officer or board or corporation may permit any proceeding therein to be taken in his name by an attorney to be chosen by the party in interest.

CREDIT(S)

R.L.1910, § 2289.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 578

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 578. Inheritance, intercepting by fraudulent production of infant

Any person who fraudulently produces an infant, falsely pretending it to have been born of any parent whose child would be entitled to inherit any real estate or to receive a share of any personal estate, with intent to intercept the inheritance of any such real estate, or the distribution of any such personal estate, from any person lawfully entitled thereto, shall be guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding ten (10) years.

CREDIT(S)

R.L.1910, § 2290; Laws 1997, c. 133, § 213, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 121, eff. July 1, 1999.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 579

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 579. Substituting child

Any person to whom an infant has been confided for nursing, education, or any other person, who, with intent to deceive any parent or guardian of such child, substitutes or produces to such parent or guardian another child in the place of the one so confided shall be guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding seven (7) years.

CREDIT(S)

R.L.1910, § 2291; Laws 1997, c. 133, § 214, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 122, eff. July 1, 1999.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

END OF DOCUMENT

21 Okl.St.Ann. § 580

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 580. Public officers--Willful neglect of duty a misdemeanor

A public officer or person holding a public trust or employment upon whom any duty is enjoined by law, who willfully neglects to perform the duty is guilty of a misdemeanor. This section does not apply to cases of official acts or omissions, the prevention or punishment of which is otherwise specially provided by statute.

CREDIT(S)

R.L.1910, § 2292.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 581

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 581. Willful omission of duty by public officers

Where any duty is or shall be enjoined by law upon any public officer, or upon any person holding any public trust or employment, every willful omission to perform such duty where no special provision shall have been made for the punishment of such delinquency, is punishable as a misdemeanor.

CREDIT(S)

R.L.1910, § 2293.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 582

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 582. Disclosing presentment or indictment

In the event the presiding judge orders a presentment or an indictment be sealed until the defendant is arrested, every grand juror, district attorney, clerk, judge, or other officer, who, excepting by issuing or in executing a warrant to arrest the defendant, willfully discloses the content of a sealed presentment or indictment, until the defendant has been arrested, is guilty of a misdemeanor.

CREDIT(S)

R.L.1910, § 2294; Laws 2012, c. 176, § 1, eff. Nov. 1, 2012.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 583

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 583. Disclosing proceedings of grand jury

Every grand juror, district attorney, clerk, judge or other officer who, except when required by a court, willfully discloses any evidence adduced before the grand jury or anything which he himself or any member of the grand jury may have said, or in what manner any grand juror may have voted on a matter before him, is guilty of a misdemeanor.

CREDIT(S)

R.L.1910, § 2295; Laws 1974, c. 24, § 1, emerg. eff. April 8, 1974.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 584

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 584. Prosecuting suit or bringing action or procuring arrest in false name

Every person who maliciously institutes or prosecutes any action or legal proceeding; or makes or procures any arrest, in the name of a person who does not exist, or has not consented that it be instituted or made, is guilty of a misdemeanor.

CREDIT(S)

R.L.1910, § 2296.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 585

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 585. Repealed by Laws 1961, p. 227, § 1, eff. Oct. 27, 1961

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 586

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 586. Communicating with a convict

Every person who, not being authorized by law, or by a written permission from an inspector, or by the consent of the warden, communicates with any convict in the penitentiary, or brings into or conveys out of the penitentiary any letter or printing to or from any convict, is guilty of a misdemeanor.

CREDIT(S)

R.L.1910, § 2298.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 587

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 587. False certificate by public officer

Every public officer who, being authorized by law to make or give any certificate or other writing, knowingly makes and delivers as true any such certificate or writing containing any statement which he knows to be false, is guilty of a misdemeanor.

CREDIT(S)

R.L.1910, § 2299.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 588

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 588. Recording of grand or petit jury proceedings--Listening or observing--Penalty

If any person, firm or corporation shall knowingly and willfully, by means of any device whatsoever, records or attempts to record the proceedings of any grand or petit jury in any court of the State of Oklahoma while such jury is deliberating or voting or listens to or observes, or attempts to listen to or observe, the proceedings of any grand or petit jury of which he is not a member in any court of the State of Oklahoma while such jury is deliberating or voting shall be guilty of a felony and shall be fined not more than One Thousand Dollars ($1,000.00) or imprisoned not more than two (2) years, or both. Provided, however, that nothing in this section shall be construed to prohibit the taking of notes by a grand juror in any court of the State of Oklahoma in connection with and solely for the purpose of assisting him in the performance of his duties as such juror.

CREDIT(S)

Laws 1957, p. 160, § 1; Laws 1997, c. 133, § 215, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 123, eff. July 1, 1999.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 589

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 589. False reporting of crime--False reporting of missing child

A. It shall be unlawful to willfully, knowingly and without probable cause make a false report to any person of any crime or circumstances indicating the possibility of crime having been committed, including the unlawful taking of personal property, which report causes or encourages the exercise of police action or investigation. Any person convicted of violating the provisions of this subsection shall be guilty of a misdemeanor punishable by imprisonment in the county jail for not more than ninety (90) days or by a fine of not more than Five Hundred Dollars ($500.00), or by both such fine and imprisonment.

B. It shall be unlawful to willfully, knowingly, and without probable cause communicate false information concerning a missing child to a law enforcement agency that causes or encourages the activation of an AMBER alert warning system. Any person convicted of violating the provisions of this subsection shall be guilty of a felony punishable by imprisonment in the county jail for not more than one (1) year or by a fine of not less than One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.

CREDIT(S)

Laws 1961, p. 227, § 1; Laws 2005, c. 109, § 1, eff. Nov. 1, 2005; Laws 2007, c. 189, § 1, eff. Nov. 1, 2007.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 590

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 590. Maintenance of financial and business records--Retention and disposal procedure--Violations

A. Every state governmental entity shall, for a period of two (2) years, maintain accurate and complete records, as defined in Section 203 of Title 67 of the Oklahoma Statutes, reflecting all financial and business transactions, which records shall include support documentation for each transaction. No such records shall be disposed of for three (3) years thereafter, except upon a unanimous vote of the members of the Archives and Records Commission pursuant to Section 306 of Title 67 of the Oklahoma Statutes, or upon a majority vote of the members of the Commission for records more than five (5) years old. The disposition of such records shall be in accordance with the provisions of Sections 305 through 317 of Title 67 of the Oklahoma Statutes, provided all state or federal audits have been completed, unless such audits request such records to be maintained for some given period of time.

B. Any person who willfully violates the provisions of this section shall be guilty of a felony punishable by imprisonment in the State Penitentiary for a period of not more than three (3) years or by a fine of not more than Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment. Any person convicted of any such violation who holds any elective or appointive public office shall also be subject to immediate removal from office.

CREDIT(S)

Laws 1980, c. 194, § 1, eff. Oct. 1, 1980; Laws 1985, c. 27, § 1, eff. Nov. 1, 1985; Laws 1997, c. 133, § 216, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 124, eff. July 1, 1999.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 591

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 591. Solicitation of workers' compensation case referrals--Payment in consideration for employment of attorney to handle claim--Acting as agent, runner, capper, or steerer for an attorney

A. As used in this section:

1. “Agent” means any person who acts for another at the request or with the knowledge of the other in dealing with third persons; and

2. “Runner”, “capper”, and “steerer” mean any person acting within this state for compensation as an agent for an attorney in the solicitation of employment for the attorney.

B. No attorney shall, by means of an agent, runner, capper, steerer, or other person who is not an attorney, solicit or procure a person to employ the attorney to present, compromise, or settle a claim under the workers' compensation laws of this state.

C. No attorney shall, directly or indirectly, pay or promise to pay any person, other than another attorney, any money, service, fee, commission, or other thing of value in consideration for the employment of the attorney to present, compromise, or settle a claim under the workers' compensation laws of this state.

D. No person shall act or agree to act as an agent, runner, capper, or steerer for an attorney.

E. Subsections B and C of this section shall not prohibit participation by an attorney in a voluntary attorney referral program including, but not limited to, referral programs operated by an association of attorneys. This subsection shall not authorize a referral program which is otherwise unauthorized under the Rules of Professional Conduct adopted by the Supreme Court.

F. Any contract for employment of an attorney secured in violation of this section shall be void and unenforceable and no attorney shall appear or otherwise provide services in an action in violation of this section.

G. Any person who violates the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be subject to a fine of up to Two Thousand Five Hundred Dollars ($2,500.00) for each offense, which shall not be subject to Section 101 of Title 85 of the Oklahoma Statutes. Penalties imposed pursuant to this section shall be in addition to any penalties which might be imposed by the Oklahoma Bar Association or similar organization of another state or by a court when punishing for contempt or when imposing sanctions against an attorney or party.

CREDIT(S)

Laws 1994, 2nd Ex.Sess., c. 1, § 47, emerg. eff. Nov. 4, 1994.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 592

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part II. Crimes Against Public Justice

Chapter 19. Other Crimes Against Public Justice

§ 592. Solicitation to provide workers' compensation medical services--Payment in consideration for employment of medical care provider--Acting as agent, runner, capper, or steerer for medical care provider

A. As used in this section:

1. “Agent” means any person who acts for another at the request or with the knowledge of the other in dealing with third persons;

2. “Medical care provider” means any person licensed in Oklahoma as a medical doctor, a chiropractor, a podiatrist, a dentist, an osteopathic physician or an optometrist or a hospital; and

3. “Runner”, “capper”, and “steerer” mean any person acting within this state for compensation as an agent for a medical care provider in the solicitation of a person to employ the medical care provider to provide medical services.

B. No medical care provider shall, by means of an agent, runner, capper, steerer, or other person who is not a medical care provider, solicit or procure a person to employ the medical care provider to provide medical services under the workers' compensation laws of this state.

C. No medical care provider shall, directly or indirectly, pay or promise to pay any person, other than another medical care provider, any money, service, fee, commission, or other thing of value in consideration for the employment of the medical care provider to provide medical services under the workers' compensation laws of this state.

D. No person shall act or agree to act as an agent, runner, capper, or steerer for a medical care provider.

E. Subsections B and C of this section shall not prohibit participation by a medical care provider in a voluntary medical care provider referral program including, but not limited to, referral programs operated by an association of medical care providers.

F. Any contract for employment of a medical care provider secured in violation of this section shall be void and unenforceable and no medical care provider shall provide medical services in violation of this section.

G. Any person who violates the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be subject to a fine of up to Two Thousand Five Hundred Dollars ($2,500.00) for each offense, which shall not be subject to Section 101 of Title 85 of the Oklahoma Statutes. Penalties imposed pursuant to this section shall be in addition to any penalties which might be imposed by the professional licensing organization for the medical care provider or similar organization of another state or by a court when punishing for contempt or when imposing sanctions against a medical care provider or party.

CREDIT(S)

Laws 1994, 2nd Ex.Sess., c. 1, § 48, emerg. eff. Nov. 4, 1994.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)