Embedded Files
(2)00. Definitions
For the purposes of Title 2. Crimes Against Property, the following terms have the following meanings:
“Access” means to gain entry to, instruct, cause input to, cause output from, cause data processing with, or communicate with, the logical, arithmetical, or memory function resources of a computer, computer system, or computer network.
“Computer network” means any system that provides communications between one or more computer systems and input/output devices, including, but not limited to, display terminals, remote systems, mobile devices, and printers connected by telecommunication facilities.
“Computer program or software” means a set of instructions or statements, and related data, that when executed in actual or modified form, cause a computer, computer system, or computer network to perform specified functions.
“Computer services” includes, but is not limited to, computer time, data processing, or storage functions, internet services, electronic mail services, electronic message services, or other uses of a computer, computer system, or computer network.
“Computer system” means a device or collection of devices, including support devices and excluding calculators that are not programmable and capable of being used in conjunction with external files, one or more of which contain computer programs, electronic instructions, input data, and output data, that performs functions, including, but not limited to, logic, arithmetic, data storage and retrieval, communication, and control. A “computer system” includes, without limitation, any such device or system that is located within, connected to, or otherwise integrated with, any motor vehicle.
“Government computer system” means any computer system, or part thereof, that is owned, operated, or used by any federal, state, or local governmental entity.
“Public safety infrastructure computer system” means any computer system, or part thereof, that is necessary for the health and safety of the public including computer systems owned, operated, or used by drinking water and wastewater treatment facilities, hospitals, emergency service providers, telecommunication companies, and gas and electric utility companies.
“Data” means a representation of information, knowledge, facts, concepts, computer software, or computer programs or instructions. Data may be in any form, in storage media, or as stored in the memory of the computer or in transit or presented on a display device.
“Supporting documentation” includes, but is not limited to, all information, in any form, pertaining to the design, construction, classification, implementation, use, or modification of a computer, computer system, computer network, computer program, or computer software, which information is not generally available to the public and is necessary for the operation of a computer, computer system, computer network, computer program, or computer software.
“Injury” means any alteration, deletion, damage, or destruction of a computer system, computer network, computer program, or data caused by the access, or the denial of access to legitimate users of a computer system, network, or program.
“Victim expenditure” means any expenditure reasonably and necessarily incurred by the owner or lessee to verify that a computer system, computer network, computer program, or data was or was not altered, deleted, damaged, or destroyed by the access.
“Computer contaminant” means any set of computer instructions that are designed to modify, damage, destroy, record, or transmit information within a computer, computer system, or computer network without the intent or permission of the owner of the information. They include, but are not limited to, a group of computer instructions commonly called viruses or worms, that are self-replicating or self-propagating and are designed to contaminate other computer programs or computer data, consume computer resources, modify, destroy, record, or transmit data, or in some other fashion usurp the normal operation of the computer, computer system, or computer network.
“Internet domain name” means a globally unique, hierarchical reference to an internet host or service, assigned through centralized internet naming authorities, comprising a series of character strings separated by periods, with the rightmost character string specifying the top of the hierarchy.
“Electronic mail” means an electronic message or computer file that is transmitted between two or more telecommunications devices; computers; computer networks, regardless of whether the network is a local, regional, or global network; or electronic devices capable of receiving electronic messages, regardless of whether the message is converted to hard copy format after receipt, viewed upon transmission, or stored for later retrieval.
“Profile” means either of the following:
A configuration of user data required by a computer so that the user may access programs or services and have the desired functionality on that computer.
An Internet website user’s personal page or section of a page that is made up of data, in text or graphical form, that displays significant, unique, or identifying information, including, but not limited to, listing acquaintances, interests, associations, activities, or personal statements.
(2)01. Arson
A person who intentionally and maliciously sets fire to or burns any structure, forest land, or property without prior authorization.
A person who intentionally aids, counsels, or helps facilitate the burning of any structure, forest land, or property without proper authorization.
A person who, through criminal accident or negligence, causes a fire to burn any structure, forest land, or property.
Penal Code (2)01 is a felony punishable by imprisonment for up to 300 seconds.
If occurring by accident or negligence, the perpetrator shall receive the minimum sentence.
NOTES:
Arson’s criminality is when someone intentionally creates or helps create a fire, as it can easily grow out of control and cause death. It is up to the Fire Marshal’s Office and investigating Law Enforcement Agency jointly to prove an arson was malicious and therefore criminal. Negligence or accident can be included if it is proven criminal in nature.
(2)02. Trespassing
A person who enters another’s property while it is closed or not in operation without the expressed or written permission to do so.
A person who enters the restricted area of an open facility or property as defined and clearly marked by the property manager without the expressed or written permission to do so.
Any person who enters or remains upon any transit-related property without permission or whose entry, presence, or conduct upon the property interferes with, interrupts, or hinders the safe and efficient operation of the transit-related facility.
Any person who enters or remains upon the property of any railroad without the permission of the correct authority, managing company, or the person in lawful possession and whose entry, presence, or conduct upon the property interferes with, interrupts, or hinders the safe and efficient operation of any locomotive, railway car, or train.
This cannot stack with (2)03. Trespassing within a Restricted Facility.
This crime cannot stack with any form of Burglary
Penal Code (2)02 is a misdemeanor punishable by imprisonment for up to 60 seconds or by $2,000. This falls under Officer Discretion.
NOTES:
Trespassing refers to anyone who is told to leave and refuses to do so, but lacks any intention of committing a crime or other malice aforethought or action. Burglary is a far more severe act of trespassing as it comes with evidence of criminal intent. If police close down a public space it is trespassing to enter that public space without their authorization. The same applies if a typically public space is temporarily closed.
(2)03. Trespassing Within a Restricted Facility
A person who, without proper authorization, enters any government owned or managed facility that is secured with the intent of keeping ordinary citizens outside.
Such facilities include (but are not limited to) correctional institutions, military encampments, and federally restricted spaces.
This does not apply to local facilities, such as restricted areas within police stations, hospitals, and courthouses.
This charge cannot stack with (2)02. Trespassing
This charge cannot stack with any form of Burglary.
Penal Code (2)03 is a felony punishable by imprisonment for up to 120 seconds or by $2000. This falls under Officer Discretion
NOTES:
Trespassing a restricted facility is assumed to have criminal intent akin to burglary, so it cannot stack with burglary even as it is still a severe and appropriate punishment.
(2)04. Burglary
A person who enters into the locked or restricted property of another without their permission with the intention of committing a crime, typically theft.
This crime cannot stack with any form of Trespassing.
Penal Code (2)04 is a misdemeanor punishable by imprisonment for up to 120 seconds and $500.
NOTES:
Burglary can include homes, apartments, offices, vehicles or any locked space with restricted access. Burglary is also committed irrelevant if any theft or other crime takes place. A less severe act of burglary is trespassing, which would account for instances where there is no intent to commit a crime, no locked door or other physical restriction.
(2)05. Possession Of Burglary Tools
A person who has in their possession the appropriate combination of tools necessary to commit burglary, such as a tension bar along with a screwdriver, shimmy, or other appropriate items.
Penal Code (2)05 is an infraction of up to $3,000.
NOTES:
It must be demonstrated that the person has a certain combination of these tools or in an appropriate context that would assume their usage in burglary. Having a screwdriver is not punishable alone, but a screwdriver, along with a tension bar, is punishable.
(2)06. Robbery
A person who takes property from the possession of another against their will, by means of force or fear, such as through intimidation, assault or battery.
This charge cannot stack with (2)07. Armed Robbery.
Penal Code (2)06 is a felony punishable by imprisonment of up to 180 seconds with any additions charges associated with the robbery attempt.
NOTES:
Robbery stacks with any Title 1 crimes that are attempted during the Robbery. It cannot stack with Armed Robbery, which is when the force, intimidation, or fear involves a dangerous weapon.
(2)07. Armed Robbery
A person who takes property from the possession of another against their will, by means of force facilitated with a weapon or with an item used as a weapon.
This charge cannot stack with (2)06. Robbery.
Penal Code (2)07 is a felony punishable by imprisonment for up 240 seconds with any additions charges associated with the armed robbery attempt.
NOTES:
Armed Robbery stacks with any Title 1 crimes that are attempted during the robbery. It cannot stack with Robbery.
(2)08. Petty Theft
A person who steals or takes the personal property of another worth $3,000 or less.
A person who fails to pay a contract or invoice within a reasonable amount of time for services totaling less than $3,500 in value.
Penal Code (2)08 is a misdemeanor punishable by imprisonment for up to 30 seconds. This falls under Officer Discretion.
(2)09. Theft
A person who steals or takes the personal property of another worth more than $1,500 but less than $10,000.
A person who fails to pay a contract or invoice within a reasonable amount of time for services totaling more than $3,500 but less than $20,000 in value.
Penal Code (2)09 is a misdemeanor punishable by imprisonment for up to 60 seconds.This falls under Officer Discretion.
(2)10. Grand Theft
A person who steals or takes the personal property of another worth more than $10,000.
A person who fails to pay a contract or invoice within a reasonable amount of time for services totaling more than $10,000 in value.
Penal Code (2)10 is a felony punishable by imprisonment for up to 90 seconds.
(2)11. Grand Theft Auto
A person who commits the theft of any motor vehicle, no matter the value.
A person who illegally enters any parked vehicle’s driver seat.
A person who a unlawfully enters a vehicle.
This charge cannot stack with any form of Trespassing or Burglary.
Penal Code (2)11 is a felony punishable by imprisonment for up to 90 seconds.
NOTES:
Grand Theft Auto does stack burglary, trespassing and theft.
(2)12. Grand Theft Of A Firearm
A person who commits theft of any firearm, no matter the value or whether it is registered.
Penal Code (2)12 is a felony punishable by imprisonment for up to 90 seconds.
NOTES:
Grand Theft Of A Firearm does stack with Theft.
(2)13. Recieving Stolen Property
A person who knowingly buys or receives any property that has been stolen or that has been obtained in any manner constituting theft or extortion.
Penal Code (2)13 is a misdemeanor punishable by imprisonment for up to 30 seconds.
NOTES:
If an officer can prove that the individual should have known the item was stolen based on outside factors, such as the price or quality, or any sort of common knowledge, then the person can be charged.
(2)14. Extortion
A person who intimidates or influences another to provide or hand over properties or services.
A person who utilizes or threatens their power or authority with demonstrated malice aforethought in order to compel action by another.
A person who utilizes privileged information to intimidate another for certain property or services.
Penal Code (2)14 is a felony punishable by imprisonment for up to 90 seconds.
NOTES:
Extortion depends on a person or organization using its authority, power, or influence to intimidate and threaten someone in return for property or services. Property may be demanding money to keep quiet or demanding a certain personal payment to prevent a strike. Extortion may serve in lieu of corruption depending on the circumstances, or if it involves a private organization. A union threatening a strike or collective worker action is NOT extortion unless a specific leader or member is being paid to influence union operations.
(2)15. Forgery
A person who knowingly alters, creates, or uses a written document with the intent to defraud or deceive another.
A person who knowingly signs a document or agreement, electronic or otherwise, without the consent or authority of whom they are signing for.
Penal Code (2)15 is a misdemeanor punishable by imprisonment for up to 30 seconds.
(2)16. Fraud
A person who intentionally misrepresents a matter of fact - whether by words or by conduct, by false or misleading allegations, or by concealment of what should have been disclosed - that deceives and is intended to deceive another so that such other will act upon it to their disadvantage.
Penal Code (2)16 is a felony punishable by imprisonment for up to 90 seconds.
(2)17. Vandalism
A person that defaces, damages, or destroys property which belongs to another, with damages not exceeding 400 USD.
Penal Code (2)17 is a misdemeanor punishable by imprisonment for up to 20 seconds. This falls under Officer Discretion.
Notes:
Fine amount is up to officer discretion and may relate to the value of goods damaged.
A person who damages government property shall recieve the maximum sentence.
(2)18. Train Wrecking
A person that unlawfuly and knowingly removes or damages a rail, throws out a switch or places any obstruction on any railroad with the intention of obstructing and/or derailing any passenger, freight or other train or vehicle that is utilizing and attached to the rails.
Penal Code (2)18 is a felony punishable by imprisonment for up to 200 seconds.
(2)19. Stopping at railroad crossings
The driver of any vehicle or pedestrian approaching a railroad or rail transit grade crossing shall stop not less than 15 feet from the nearest rail and shall not proceed until he or she can do so safely, whenever the following conditions exist:
A clearly visible electric or mechanical signal device or flagman gives a warning of the approach or passage of a train, car, or on-track equipment.
An approaching train car or on-track equipment is plainly visible or is emitting an audible signal and, because of its speed or nearness, is an immediate hazard.
No driver or pedestrian shall proceed through, around, or under any railroad or rail transit crossing gate while the gate is closed.
Penal Code (2)19 is an infraction punishable by a $500 fine.
(2)20. Unauthorized entry upon railroad property
Any person who enters or remains upon the property of any railroad without the permission of the owner of the land, the owner's agent, or the person in lawful possession and whose entry, presence, or conduct upon the property interferes with, interrupts, or hinders, or which, if allowed to continue, would interfere with, interrupt, or hinder the safe and efficient operation of any locomotive, railway car, or train is guilty under this code. Any person who enters or remains upon the property of any railroad without the permission of the owner of the land, the owner's agent, or the person in lawful possession and whose entry, presence, or conduct upon the property interferes with, interrupts, or hinders, or which, if allowed to continue, would interfere with, interrupt, or hinder the safe and efficient operation of any locomotive, railway car, or train is guilty under this code. This section does not prohibit picketing in the immediately adjacent area of the property of any railroad or transit-related property or any lawful activity by which the public is informed of the existence of an alleged labor dispute.
Penal Code (2)16 is a misdemeanor punishable by 100 seconds imprisonment and a fine of $1,000.
(2)21. Trespassing on railroad trains structures
Every person, who shall, without being thereunto authorized by the owner, lessee, person or corporation operating any railroad, enter into, climb upon, hold to, or in any manner attach himself to any locomotive, locomotive-engine tender, freight or passenger car upon such railroad, or any portion of any train thereon, shall be deemed guilty under this code.
Penal Code (2)21 is a misdemeanor punishable by 100 seconds imprisonment and a fine of $500.
(2)22. Throwing object at passenger or freight carrier
Every person who willfully throws, hurls, or projects a stone or other hard substance, or shoots a missile, at a train, locomotive, railway car, caboose, cable railway car, street railway car, or bus or at a steam vessel or watercraft used for carrying passengers or freight on any of the waters within or bordering on this state is guilty under this code.
Penal Code (2)22 is a misdemeanor punishable by 200 seconds imprisonment and a fine of $2,000.
(2)23. Injuries to railroads and railroad structures
Every person who maliciously removes, displaces, injures, or destroys any part of any railroad, or any track of any railroad, or any branch or branch way, switch, turnout, bridge, viaduct, culvert, embankment, station house, or other structure or fixture, or any part thereof, attached to or connected with any railroad, or who places any obstruction upon the rails or track of any railroad, or of any switch, branch, branch way, or turnout connected with any railroad is guilty under this code.
Penal Code (2)23 is a misdemeanor punishable by 120 seconds imprisonment and a fine of $5,000.
(2)24. First-Degree Unauthorized Computer Access
Any person who:
Knowingly accesses and without permission alters, copies, damages, deletes, destroys, or otherwise uses any data, computer, computer system, or computer network in order to either:
A. devise or execute any scheme or artifice to defraud, deceive, or extort, or
B. wrongfully control or obtain money, property, or data.Knowingly accesses and without permission takes, copies, or makes use of any data from a computer, computer system, or computer network, or takes or copies any supporting documentation, whether existing or residing internal or external to a computer, computer system, or computer network.
Knowingly accesses and without permission adds, alters, damages, deletes, or destroys any data, computer software, or computer programs which reside or exist internal or external to a computer, computer system, or computer network.
Knowingly and without permission disrupts or causes the disruption of computer services or denies or causes the denial of computer services to an authorized user of a computer, computer system, or computer network.
Knowingly and without permission disrupts or causes the disruption of government computer services or denies or causes the denial of government computer services to an authorized user of a government computer, computer system, or computer network.
Knowingly accesses and without permission adds, alters, damages, deletes, or destroys any data, computer software, or computer programs which reside or exist internal or external to a public safety infrastructure computer system computer, computer system, or computer network.
Knowingly and without permission disrupts or causes the disruption of public safety infrastructure computer system computer services or denies or causes the denial of computer services to an authorized user of a public safety infrastructure computer system computer, computer system, or computer network.
Penal Code (2)24 is a felony punishable by imprisonment for up to 90 seconds.
(2)25. Second-Degree Unauthorized Computer Access
Any person who:
Knowingly and without permission uses computer services.
Knowingly caused the use of computer services without permission.
Knowingly and without permission provides or assists in providing a means of using a computer service.
Knowingly introduces any computer contaminant into any computer, computer system, or computer network.
Knowingly introduces any computer contaminant into any public safety infrastructure computer system computer, computer system, or computer network.
Knowingly introduces any computer contaminant into any computer, computer system, or computer network.
Knowingly introduces any computer contaminant into any public safety infrastructure computer system computer, computer system, or computer network.
Knowingly and without permission accesses any computer, computer system, or computer network.
Knowingly causes access to any computer, computer system, or computer network without permission.
Knowingly and without permission provides or assists in providing a means of accessing a computer, computer system, or public safety infrastructure computer system computer, computer system, or computer network.
Penal Code (2)25 is a misdemeanour punishable by a fine of $2500 to $10000 and imprisonment for up to 60 seconds.
NOTES:
A person may only be sentenced to 60 seconds if the crime they committed involved any public safety infrastructure or device. Otherwise, a person may only be sentenced to 30 seconds,
(2)26. Felony Vandalism
A person that defaces, damages, or destroys property which belongs to another, with damages exceeding 400 USD.
Penal Code (2)26 is a felony punishable by imprisonment for up to 120 seconds.
Notes:
Fine amount is up to officer discretion and may relate to the value of goods damaged.
A person who damages government property shall recieve the maximum sentence.
Page updated
Google Sites
Report abuse