Crimes against Property

(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 no more than 20 months and no more than 100$ in fines.

This falls under Officer Discretion.

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.

  • This cannot stack with (2)03. Trespassing within a Restricted Zone.

  • This crime cannot stack with any form of Burglary

- Penal Code (2)02 is a misdemeanor punishable by a maximum of 10 months imprisonment and no more than $45 in fines.

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 typical public space is temporarily closed.

Owners of trailers or caravans may only consider their trailer or caravan their own property. The surrounding trailer park is not considered their own property when the area includes several other trailers and caravans that are not owned by one individual.

(2)03. Trespassing within a Restricted Zone

  • A person who, without proper authorization, enters any government owned or managed facility, or restricted section in a government building that is secured with the intent of keeping non-authorized personnel out due to a security or safety hazard.

  • This charge cannot stack with (2)02. Trespassing

- Penal Code (2)03 is a misdemeanor punishable by no more than 20 months imprisonment and no more than a fine of $75. This falls under Officer Discretion

NOTES:

As an example: areas of a police station that are restricted (i.e. armory, locker rooms, offices), trespassing inside the restricted areas of the Correctional Facility, trespassing inside restricted areas of a hospital (i.e. staff area of the pharmacy, surgery theaters when not permitted).

(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 (2)02. Trespassing.

- Penal Code (2)04 is a misdemeanor punishable by no more than 15 months imprisonment and no more than a fine of $75.

NOTES:

Burglary can include homes, apartments, offices, vehicles/horses 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 lockpick or other appropriate items.

- Penal Code (2)05 is a felony punishable by a maximum of 25 months imprisonment and no more than 65$ in fines. This falls under Officer Discretion.

(2)06. Robbery

  • A person who takes property from the possession of another against their will equal to or less than $500 in value, 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 a maximum of 20 months imprisonment and no more than 100$ in fines. Plus any charges associated with the robbery attempt. This falls under Officer Discretion.

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. Aggravated Robbery

  • A person who takes property from the possession of another against their will equaling more than $500 in value, 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 a maximum of 30 months imprisonment and no more than 175$ in fines. Plus any charges associated with the armed robbery attempt. This falls under Officer Discretion.

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 $250 or less.

- Penal Code (2)08 is a misdemeanor punishable by no more than 15 months imprisonment and a fine no greater than the total amount stolen. This falls under Officer Discretion.

(2)09. Theft

  • A person who steals or takes the personal property of another worth more than $500 but less than $999.

- Penal Code (2)09 is a misdemeanor punishable by no more than 15 months imprisonment and a fine no greater than the total amount stolen. This falls under Officer Discretion.

(2)10. Grand Theft

  • A person who steals or takes the personal property of another worth $1000 or more.

- Penal Code (2)10 is a felony punishable by no more than 15 months imprisonment and a fine no greater than the total amount stolen. This falls under Officer Discretion.

(2)11. Horse Theft

  • A person who commits the theft of a horse

- Penal Code (2)11 is a misdemeanor punishable by no more than 15 months imprisonment and no more than 100$ in fines. This falls under Officer Discretion.

NOTES:

Horse Theft does stack with theft, but not burglary or trespassing.

(2)11a. Carriage Theft

  • A person who commits the theft of a wagon or carriage.

- Penal Code (2)11a is a misdemeanor punishable by no more than 25 months imprisonment and no more than 300$ in fines. This falls under Officer Discretion.

Carriage Theft does stack with theft, but not burglary or trespassing.

(2)12. 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 no more than 30 months imprisonment and no more than a fine of $300.

NOTES:

Grand Theft Of A Firearm does stack with Theft.

(2)13. Receiving 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 no more than 20 months imprisonment and no more than a fine of $125.

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 no more than 30 months imprisonment and no more than a fine of $500.

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. 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)15 is a felony punishable by no more than 20 months imprisonment and no more than a fine of $150.

(2)16. Vandalism

  • A person that defaces, damages, or destroys property which belongs to another.

- Penal Code (2)16 is a misdemeanor punishable by no more than 25 months imprisonment and no more than a fine of $300.

(2)17. Possession of Moonshine

  • Any person, who possesses Moonshine in any variety, in amounts lesser than (10).

-Penal Code (2)17 is a misdemeanor punishable by imprisonment of no more than 10 months incarceration and a fine no greater than $200

(2)17a. Possession of Moonshine with Intent to Distribute

  • Any person, who sells or gives Moonshine in any variety, to another, in amounts greater than (10), or documented in transaction.

-Penal Code (2)17a is a felony punishable by imprisonment of no more than 20 months incarceration and a fine no greater than $300

(2)18. Production of Moonshine

  • Any person, who, without legal authority to do so, produces the alcoholic beverage known as “Moonshine”.

-Penal Code (2)18 is a felony punishable by imprisonment of no more than 2 months incarceration and a fine no greater than $25(per unit)

(2)19. Possession of Illegal Substance

  • Any person, who possesses Opium, Heroin, Syn, or Peyote, in amounts lesser than (10 units.)

-Penal Code (2)19 is a Felony punishable by imprisonment of no more than 10 months incarceration and a fine no greater than $200

(2)19a. Possession of Illegal Substances with Intent to Distribute

Any person, who sells or gives Opium, Heroin, Syn, or Peyote to another, in amounts greater than (10), or documented in transaction.

-Penal Code (2)19a is a Felony punishable by imprisonment of no more than 20 months incarceration and a fine no greater than $300.

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