The general objectives of the criminal code are to: Proscribe and prevent conduct that unjustifiably and inexcusably causes or threatens harm to individual, property, or public interest for which protection through the criminal law is appropriate; Give fair warning of what conduct is prohibited, and guide the exercise of official discretion in law enforcement, by […]
Conduct does not constitute an offense unless it is defined as an offense by statute, municipal ordinance, or rule authorized by and lawfully adopted under a statute. Parts 1-6 of this chapter apply to offenses defined by other laws, unless otherwise provided by law. This title does not bar, suspend, or otherwise affect any right […]
Every person, whether an inhabitant of this or any other state or country, is liable to punishment by the laws of this state, for an offense committed in this state, except where it is by law cognizable exclusively in the courts of the United States. When an offense is commenced outside of this state and […]
This title shall be construed according to the fair import of its terms, including reference to judicial decisions and common law interpretations, to promote justice, and effect the objectives of the criminal code.
A person attains a specified age on the day of the anniversary of the person’s birthdate.
As used in this title, unless the context requires otherwise: “Antique firearm” means: Any firearm, including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured in or before the year 1898; Any replica of any firearm described in subdivision (a)(1)(A) if such replica: Is not designed or redesigned for […]
All violations of law that may be punished by one (1) year or more of confinement or by the infliction of the death penalty are denominated felonies, and all violations of law punishable by fine or confinement for less than one (1) year, or both, are denominated misdemeanors.
When the performance or nonperformance of any act is made criminal by statute, and no penalty, punishment or forfeiture for the violation of that statute is imposed, the doing of the act is a misdemeanor.
Every person who is convicted of a felony, the punishment for which is not otherwise prescribed by a statute of this state, shall be sentenced as for a Class E felony.
Every person who is convicted of a misdemeanor, the punishment for which is not otherwise prescribed by a statute of this state, shall be sentenced as for a Class A misdemeanor.
Whenever a determination of value is necessary to assess the class of an offense in this code or the level of punishment, the determination of value shall be made by the trier of fact beyond a reasonable doubt.
For the purposes of classification of other offenses, first degree murder is one (1) class above Class A. Attempted first degree murder and conspiracy to commit first degree murder are Class A felonies. Solicitation to commit first degree murder is a Class B felony. For the sole and exclusive purpose of determining the classification of […]
In addition to the punishment authorized by the specific statute prohibiting the conduct, it is a part of the punishment for any offense committed in this state that the person committing the offense may be sentenced by the court to pay restitution to the victim or victims of the offense in accordance with §§ 40-35-104(c)(2) […]
