Paul H. Robinson examines the criminal laws of the fifty states and the District of Columbia in his Mapping American Criminal Law: Variations across the 50 States. He organizes his book by issue, such as felony murder, consent to injury, and the exclusionary rule. He shows the different criminal law approaches to each issue and the jurisdictions that follow each approach. Below, I reproduce his research in a different format. I list the jurisdictions first, and then the approach each jurisdiction takes to each issue. I also include an "Overall Statistics" section that summarizes the different issues and approaches and the percentage of jurisdictions that follow each approach.
Overall Statistics
- Punishment Theory and Legality
- Distributive Principles of Criminal Law
- Desert as a Distributive Principle: 30/51 (59%)
- Deterrence as a Distributive Principle: 26/51 (51%)
- Incapacitation as a Distributive Principle: 32/51 (63%)
- Rehabilitation as a Correctional Policy: 42/51 (82%)
- Desert Distributive Principles
- Deontological: 20/51 (39%)
- Empirical: 10/51 (20%)
- The Principle of Full Offense Proportionality: 7/51 (14%)
- Full Offense Proportionality Plus Protecting the Blameless: 4/51 (8%)
- A Partial Offense Proportionality Principle: 4/51 (8%)
- Partial Offense Proportionality Plus Protecting Blameless: 1/51 (2%)
- No Proportionality and No Protection of the Blameless: 5/51 (10%)
- Habitual Offender Statutes
- Life Sentence Only If Offenses Were Violent Crimes: 6/51 (12%)
- Life Sentence Only If at Least One of the Offenses Was a Specifically Enumerated Offense: 16/51 (31%)
- Life Sentence Even Thought None of Prior Offenses Were Violent Crimes (57%)
- Death Penalty
- Death Penalty Unavailable: 20/51 (39%)
- Death Penalty Available: 31/51 (61%)
- Aggravation for Cruel or Depraved Killing: 24/51 (47%)
- Aggravation for Killing a Child: 18/51 (35%)
- Legality
- Offense Must Be Fully Codified: 33/51 (65%)
- Offense Must Be Legislatively Recognized, but Not All of Its Elements Need to Be Codified: 3/51 (6%)
- Allow Uncodified Offenses but Limit Punishment for Them: 4/51 (8%)
- Allow Uncodified Offenses: 11/51 (22%)
- Homicide
- Provocation/Extreme Emotional Disturbance
- Model Penal Code's Extreme Emotional Disturbance Mitigation: 10/51 (20%)
- Common-Law Provocation: Words Alone Are Sufficient: 7/51 (14%)
- Common-Law Provocation: Words Alone Are Sufficient Only If They Report Provocative Act: 15/51 (29%)
- Common-Law Provocation: Words Alone Are Never Sufficient: 17/51 (33%)
- No Provocation Mitigation: 2/51 (4%)
- Felony Murder
- Normal Murder Requirements: 7/51 (14%)
- Recklessness Required for Felony-Murder Liability: 2/51 (4%)
- Negligence Required for Felony-Murder Liability: 6/51 (12%)
- Malice Required for Felony-Murder Liability: 8/51 (16%)
- No Culpability for Felony-Murder Liability: 28/51 (55%)
- Causation
- Factual Causal Accountability If Sufficient Concurrent Cause: 7/51 (14%)
- Factual Causal Accountability If Substantial Concurrent Cause: 19/51 (37%)
- Have Adopted No Solution to the Factual Cause But-For Test Problem in Concurrent-Cause Cases: 25/51 (49%)
- Proximate Cause
- Proximate Cause as a Normative Judgment: 20/51 (39%)
- Proximate Cause as an Apparent Factual Standard: 31/51 (61%)
- Liability Doctrines
- Transferred Intent
- Transfer Only Intent or Knowledge, Not in Attempt Cases: 23/51 (45%)
- Transfer All Culpability Levels, Not in Attempt Cases: 4/51 (8%)
- Transfer Intent or Knowledge Even in Cases of Attempts: 19/51 (37%)
- Transfer All Levels Even in Cases of Attempts: 5/51 (10%)
- Consent to Injury
- Consent as a Defense to Even Serious Bodily Injury: 4/51 (8%)
- Consent as a Defense to Nonserious Injury: 14/51 (27%)
- Consent Not a Defense to Bodily Injury: 33/51 (65%)
- Permitting Assistance of Suicide: 5/51 (10%)
- Mental Illness and Culpability
- Mental Illness Can Negate Any Offense Element: 22/51 (43%)
- Mental Illness Can Negate Only Specific Intent: 12/51 (24%)
- Mental Illness Cannot Negate Any Offense Element: 17/51 (33%)
- Abolish Insanity Defense: 5/51 (10%)
- Attempt
- Proximity and Intent Required: 14/51 (27%)
- Proximity Required but Permits Lesser Culpability: 2/51 (4%)
- Substantial Step Sufficient and Intent Required: 31/51 (61%)
- Substantial Step Sufficient and Permits Lesser Culpability: 5/51 (10%)
- Complicity
- Complicity Requires Purpose, Natural and Probable Consequence Rule Rejected: 24/51 (47%)
- Complicity Requires Purpose, Natural and Probable Consequence Rule Adopted: 14/51 (27%)
- Complicity Requires Only Knowledges, Natural Probable Consequences Rule Rejected: 6/51 (12%)
- Complicity Requires Only Knowledge, Natural Probable Consequence Rule Adopted: 7/51 (14%)
- Complicity Liability of Coconspirators
- Adopts Pinkerton Rule, Rejects Withdrawal Defense: 6/51 (12%)
- Adopts Pinkerton, Adopts Withdrawal Defense If Positive Steps: 9/51 (18%)
- Adopts Pinkerton, Adopts Simple Withdrawal Defense: 16/51 (31%)
- Rejects Pinkerton, Rejects Termination Defense to Complicity: 6/51 (12%)
- Rejects Pinkerton, Adopts Termination Defense to Complicity: 14/51 (27%)
- Justification Defenses
- Lesser Evils/Necessity Defense
- Lesser Evils Formulation, Imminence Not Required: 4/51 (8%)
- Lesser Evils Formulation, Imminence Required: 24/51 (47%)
- "No Alternative" Formulation, Imminence Not Required: 3/21 (6%)
- "No Alternative" Formulation, Imminence Required: 12/51 (24%)
- Lesser Evils/Necessity Defense Not Yet Recognized: 8/51 (16%)
- Self Defense
- Authorizes Deadly Force Only against Threat of Serious Bodily Injury: 19/51 (37%)
- Authorizes Deadly Force against Threat of Serious Bodily Injury or Enumerated Serious Felonies: 13/51 (25%)
- Authorizes Deadly Force against Threat of Most Forcible Felonies: 13/51 (25%)
- Authorizes Deadly Force against Threat of Any Felony: 6/51 (12%)
- Law Enforcement Authority
- Defense Only Requires Defendant Believed Force Was Necessary, but Separate Provision Imposes Sliding-Scale Liability for Mistake: 5/51 (10%)
- Defense Requires Defendant Reasonably Believed Force Was Necessary (Imposing All-or-Nothing Liability): 29/51 (57%)
- Defense Requires Force Was Actually Necessary, but Provides a Separate Mistake Excuse: 17/51 (33%)
- Excuse Defenses
- Insanity Defense
- Insanity Defense Abolished: 5/51 (10%)
- Insanity Defense Requires Complete Loss of Understanding: 29/51 (57%)
- Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Criminality of Conduct: 5/51 (10%)
- Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Wrongfulness of Conduct: 11/51 (22%)
- Insanity Defense If Offense Is Product of Disease: 1/51 (2%)
- Insanity Defense Has No Control Prong: 32/51 (63%)
- Insanity Defense If Irresistible Impulse: 5/51 (10%)
- Insanity Defense If Substantial Impairment: 13/51 (25%)
- Immaturity Defense
- 16 and Above: 1/51 (2%)
- 15 and Above: 3/51 (6%)
- 14 and Above: 22/51 (43%)
- 13 and Above: 6/51 (12%)
- 12 and Above: 5/51 (10%)
- No Minimum Age: 14/51 (27%)
- Nonexculpatory Defenses
- Statute of Limitations
- Only Murder Is Exempt from the Statute of Limitation: 19/51 (37%)
- Statute of Limitation Does Not Apply to Any Capital Offense: 3/51 (6%)
- Statute of Limitation Does Not Apply to Certain Enumerated Felonies: 22/51 (43%)
- Statute of Limitation Does Not Apply to Any Felonies: 7/51 (14%)
- Exclusionary Rule [Editor's Notes: (1) Alaska and Hawaii were not U.S. states in 1914. (2) Paul H. Robinson does not include the District of Columbia in the third category, but my understanding is that the exclusionary rule was in effect before 1961. The third category may then be reasonably construed to describe 18/51 (35%) jurisdictions. (3) 31/50 (62%) U.S. states rejected the exclusionary rule prior to 1961.]
- Exclusionary Rule Rejected, before 1914: 16/49 (33%)
- Exclusionary Rule Rejected, after 1914: 15/49 (31%)
- Exclusionary Rule Adopted, before 1961: 17/51 (33%)
- Had Not Addressed Exclusionary Rule as of 1961: 2/51 (4%)
- Entrapment Defense
- Defense Available If Not Predisposed, but Not Offense of Violence: 3/51 (6%)
- Defense Available If Not Predisposed, Even If Crime of Violence: 29/51 (57%)
- Defense Available If Police Misconduct Even If Offender Is Predisposed, but Not for Crime of Violence: 4/51 (8%)
- Defense Available If Police Misconduct Even If Offender Is Predisposed, Even If Crime of Violence: 15/51 (29%)
- Offenses against the Person and Property
- Criminalizing Risk Creation
- General Reckless Endangerment Offense: 30/51 (59%)
- Risking Catastrophe Offense: 6/51 (12%)
- Reckless Burning Offense: 14/51 (24%)
- Statutory Rape
- Criminal for Adult to Have Intercourse with a Partner under 16: 33/51 (65%)
- Criminal for Adult to Have Intercourse with a Partner under 17: 7/51 (14%)
- Criminal for Adult to Have Intercourse with a Partner under 18: 11/51 (22%)
- Recognizing a Close-in-Age Exception: 34/51 (67%)
- No Close-in-Age Exception Recognized: 17/51 (33%)
- Domestic Violence
- No Martial Rape Exception, Mandatory Arrest: 15/51 (29%)
- Limited Marital Rape Exception, Mandatory Arrest: 5/51 (10%)
- No Marital Rape Exception, Presumptive Arrest: 6/51 (12%)
- Limited Marital Rape Exception, Presumptive Arrest: 1/51 (2%)
- No Marital Rape Exception, Discretionary Arrest: 15/51 (29%)
- Limited Rape Exception, Discretionary Arrest: 9/51 (18%)
- Stalking and Harassment
- Requires Actual Fear or Distress, Punished as a Misdemeanor: 15/51 (29%)
- Required Actual Fear or Distress, Punished as a Felony: 8/51 (16%)
- Enough That Intended or Believed Would Cause Distress, Punished as a Misdemeanor: 21/51 (41%)
- Enough That Intended or Believed Would Cause Distress, Punished as a Felony: 7/51 (14%)
- Child Neglect
- Criminalize Only Neglect of General Health or Welfare: 14/51 (27%)
- Also Criminalize Neglect of "Education": 3/51 (6%)
- Also Criminalize Neglect of "Mental" or "Emotional" Health: 23/51 (45%)
- Also Criminalize Neglect of "Mental" or "Emotional" Health, "Education": 11/51 (22%)
- Deceptive Business Practices
- Criminalizes False Advertising and False Measure: 32/51 (63%)
- Criminalizes False Advertising Only: 2/51 (4%)
- Criminalizes False Measure Only: 16/51 (31%)
- Civil Remedies Only: 1/51 (2%)
- Extortion
- Offender Must Demand Property: 29/51 (57%)
- Offender May Demand Any Act: 22/51 (43%)
- Effect of Threat Must Be to Actually Extort: 24/51 (47%)
- Enough That the Offender Intends to Extort: 27/51 (53%)
- Public Order and Decency Offenses
- Adultery
- Repealed by 1995: 19/51 (37%)
- Repealed after 1995: 12/51 (24%)
- Current Offense, Misdemeanor: 15/51 (29%)
- Current Offense, Felony: 5/51 (10%)
- Criminal Obscenity
- No Obscenity Offense: 7/51 (14%)
- Defines Obscenity as Lacks Serious Value and Prurient Interest: 1/51 (2%)
- Defines Obscenity as Lacks Serious Value and Prurient Interest, Also Prohibits Devices: 1/51 (2%)
- Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive: 34/51 (67%)
- Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive, Also Prohibits Devices: 6/51 (12%)
- Obscenity Offense but Leaves Obscenity Undefined: 2/51 (4%)
- Child Pornography
- Person Depicted Must Be under 16 Years Old: 6/51 (12%)
- Person Depicted Must Be under 17 Years Old: 3/51 (6%)
- Person Depicted Must Be under 18 Years Old: 42/51 (82%)
- Possession Punished the Same as Production or Distribution: 15/51 (29%)
- Offenses against the Community
- Drug Offenses
- Marijuana Decriminalized: 9/51 (18%)
- Marijuana a Civil Infraction Only: 9/51 (18%)
- Misdemeanor, Fine Only: 5/51 (10%)
- Misdemeanor, Jail: 26/51 (51%)
- Felony, Jail: 2/51 (4%)
- Life Imprisonment for Serious Nonviolent Drug Offense: 16/51 (31%)
- Life without Parole for Serious Nonviolent Drug Offense: 6/51 (12%)
- Firearms Possession Offenses
- Domestic Abusers Prohibited: 25/51 (49%)
- Domestic Abusers Not Prohibited: 26/51 (51%)
- Alcohol Abusers Prohibited: 8/51 (16%)
- Possession Prohibited by Other Specified Misdemeanors: 9/51 (18%)
- Predatory Pricing
- No Criminalization of Either Form of Predatory Pricing: 28/51 (55%)
- Criminalizes Sales Below Cost: 15/51 (29%)
- Criminalizes Price Discrimination: 17/51 (33%)
- Organized Crime
- No Organized Crime Offense: 11/51 (22%)
- Non-RICO Organized Crime Statutes: 5/51 (10%)
- Asset Forfeiture Only: 1/51 (2%)
- RICO with 4 to 14 Years Maximum: 11/51 (22%)
- RICO with 15 to 24 Years Maximum: 15/51 (29%)
- RICO with 25 Years to Life Maximum: 8/51 (16%)
- Fixing Sporting Events
- Criminalizes Bribery of Officials or Participants: 37/51 (73%)
- Criminalizes Only Bribery of Participants: 10/51 (20%)
- Does Not Criminalize Sports Bribery: 4/51 (8%)
- Criminalizes Sports Tampering: 15/51 (29%)
- Procedural Issues
- Extradition
- Extradition Sought for All Violent Felony Warrants: 18/51 (35%)
- Extradition Declined for 1 to 5 Percent of Violent Felony Warrants: 10/51 (20%)
- Extradition Declined for 6 to 10 Percent of Violent Felony Warrants: 9/51 (18%)
- Extradition Declined for 11 to 30 Percent of Violent Felony Warrants: 7/51 (14%)
- Extradition Declined for Greater than 30 Percent of Violent Felony Warrants: 5/51 (10%)
- Jurisdiction
- Requires Essential Offense Element: 5/51 (10%)
- Requires Any Offense Element: 30/51 (59%)
- Requires Any Part of Offense: 10/51 (20%)
- Requires Only Detrimental Effect: 6/51 (12%)
Alabama
- Punishment Theory and Legality
- Distributive Principles of Criminal Law: Desert as a Distributive Principle, Deterrence as a Distributive Principle, Incapacitation as a Distributive Principle, Rehabilitation as a Correctional Policy, Deontological Desert Distributive Principles, Empirical Desert Distributive Principles, The Principle of Full Offense Proportionality, Full Offense Proportionality Plus Protecting the Blameless, A Partial Offense Proportionality Principle, Partial Offense Proportionality Plus Protecting Blameless, No Proportionality and No Protection of the Blameless
- Habitual Offender Statutes: Life Sentence Only If Offenses Were Violent Crimes, Life Sentence Only If at Least One of the Offenses Was a Specifically Enumerated Offense, Life Sentence Even Though None of Prior Offenses Were Violent Crimes
- Death Penalty: Death Penalty Unavailable, Death Penalty Available, Aggravation for Cruel or Depraved Killing, Aggravation for Killing a Child
- Legality: Offense Must Be Fully Codified; Offense Must Be Legislatively Recognized, but Not All of Its Elements Need to Be Codified; Allow Uncodified Offenses but Limit Punishment for Them; Allow Uncodified Offenses
- Homicide
- Provocation/Extreme Emotional Disturbance: Model Penal Code's Extreme Emotional Disturbance Mitigation, Common-Law Provocation: Words Alone Are Sufficient, Common-Law Provocation: Words Alone Are Sufficient Only If They Report Provocative Act, Common-Law Provocation: Words Alone Are Never Sufficient, No Provocation Mitigation
- Felony Murder: Normal Murder Requirements, Recklessness Required for Felony-Murder Liability, Negligence Required for Felony-Murder Liability, Malice Required for Felony-Murder Liability, No Culpability for Felony-Murder Liability
- Causation: Factual Causal Accountability If Sufficient Concurrent Cause, Factual Causal Accountability If Substantial Concurrent Cause, Have Adopted No Solution to the Factual Cause But-For Test Problem in Concurrent-Cause Cases, Proximate Cause as a Normative Judgment, Proximate Cause as an Apparent Factual Standard
- Liability Doctrines
- Transferred Intent: Transfer Only Intent or Knowledge, Not in Attempt Cases; Transfer All Culpability Levels, Not in Attempt Cases; Transfer Intent or Knowledge Even in Cases of Attempts; Transfer All Levels Even in Cases of Attempts
- Consent to Injury: Consent as a Defense to Even Serious Bodily Injury, Consent as a Defense to Nonserious Injury, Consent Not a Defense to Bodily Injury, Permitting Assistance of Suicide
- Mental Illness and Culpability: Mental Illness Can Negate Any Offense Element, Mental Illness Can Negate Only Specific Intent, Mental Illness Cannot Negate Any Offense Element, Abolish Insanity Defense
- Attempt: Proximity and Intent Required, Proximity Required but Permits Lesser Culpability, Substantial Step Sufficient and Intent Required, Substantial Step Sufficient and Permits Lesser Culpability
- Complicity: Complicity Requires Purpose, Natural and Probable Consequence Rule Rejected; Complicity Requires Purpose, Natural and Probable Consequence Rule Adopted; Complicity Requires Only Knowledges, Natural Probable Consequences Rule Rejected; Complicity Requires Only Knowledge, Natural Probable Consequence Rule Adopted
- Complicity Liability of Coconspirators: Adopts Pinkerton Rule, Rejects Withdrawal Defense; Adopts Pinkerton, Adopts Withdrawal Defense If Positive Steps; Adopts Pinkerton, Adopts Simple Withdrawal Defense; Rejects Pinkerton, Rejects Termination Defense to Complicity; Rejects Pinkerton, Adopts Termination Defense to Complicity
- Justification Defenses
- Lesser Evils/Necessity Defense: Lesser Evils Formulation, Imminence Not Required; Lesser Evils Formulation, Imminence Required; "No Alternative" Formulation, Imminence Not Required; "No Alternative" Formulation, Imminence Required; Lesser Evils/Necessity Defense Not Yet Recognized
- Self Defense: Authorizes Deadly Force Only against Threat of Serious Bodily Injury, Authorizes Deadly Force against Threat of Serious Bodily Injury or Enumerated Serious Felonies, Authorizes Deadly Force against Threat of Most Forcible Felonies, Authorizes Deadly Force against Threat of Any Felony
- Law Enforcement Authority: Defense Only Requires Defendant Believed Force Was Necessary, but Separate Provision Imposes Sliding-Scale Liability for Mistake; Defense Requires Defendant Reasonably Believed Force Was Necessary (Imposing All-or-Nothing Liability); Defense Requires Force Was Actually Necessary, but Provides a Separate Mistake Excuse
- Excuse Defenses
- Insanity Defense: Insanity Defense Abolished, Insanity Defense Requires Complete Loss of Understanding, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Criminality of Conduct, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Wrongfulness of Conduct, Insanity Defense If Offense Is Product of Disease, Insanity Defense Has No Control Prong, Insanity Defense If Irresistible Impulse, Insanity Defense If Substantial Impairment
- Immaturity Defense: 16 and Above, 15, 14, 13, 12, No Minimum Age
- Nonexculpatory Defenses
- Statute of Limitations: Only Murder Is Exempt from the Statute of Limitation, Statute of Limitation Does Not Apply to Any Capital Offense, Statute of Limitation Does Not Apply to Certain Enumerated Felonies, Statute of Limitation Does Not Apply to Any Felonies
- Exclusionary Rule: Exclusionary Rule Rejected, before 1914; Exclusionary Rule Rejected, after 1914; Exclusionary Rule Adopted, before 1961; Had Not Addressed Exclusionary Rule as of 1961
- Entrapment Defense: Defense Available If Not Predisposed, but Not Offense of Violence; Defense Available If Not Predisposed, Even If Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, but Not for Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, Even If Crime of Violence
- Offenses against the Person and Property
- Criminalizing Risk Creation: General Reckless Endangerment Offense, Risking Catastrophe Offense, Reckless Burning Offense
- Statutory Rape: Criminal for Adult to Have Intercourse with a Partner under 16, Criminal for Adult to Have Intercourse with a Partner under 17, Criminal for Adult to Have Intercourse with a Partner under 18, Recognizing a Close-in-Age Exception, No Close-in-Age Exception Recognized
- Domestic Violence: No Martial Rape Exception, Mandatory Arrest; Limited Marital Rape Exception, Mandatory Arrest; No Marital Rape Exception, Presumptive Arrest; Limited Marital Rape Exception, Presumptive Arrest; No Marital Rape Exception, Discretionary Arrest; Limited Rape Exception, Discretionary Arrest
- Stalking and Harassment: Requires Actual Fear or Distress, Punished as a Misdemeanor; Requires Actual Fear or Distress, Punished as a Felony; Enough That Intended or Believed Would Cause Distress, Punished as a Misdemeanor; Enough That Intended or Believed Would Cause Distress, Punished as a Felony
- Child Neglect: Criminalize Only Neglect of General Health or Welfare; Also Criminalize Neglect of "Education"; Also Criminalize Neglect of "Mental" or "Emotional" Health; Also Criminalize Neglect of "Mental" or "Emotional" Health, "Education"
- Deceptive Business Practices: Criminalizes False Advertising and False Measure, Criminalizes False Advertising Only, Criminalizes False Measure Only, Civil Remedies Only
- Extortion: Offender Must Demand Property, Offender May Demand Any Act, Effect of Threat Must Be to Actually Extort, Enough That the Offender Intends to Extort
- Public Order and Decency Offenses
- Adultery: Repealed by 1995; Repealed after 1995; Current Offense, Misdemeanor; Current Offense, Felony
- Criminal Obscenity: No Obscenity Offense; Defines Obscenity as Lacks Serious Value and Prurient Interest; Defines Obscenity as Lacks Serious Value and Prurient Interest, Also Prohibits Devices; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive, Also Prohibits Devices; Obscenity Offense but Leaves Obscenity Undefined
- Child Pornography: Person Depicted Must Be under 16 Years Old, Person Depicted Must Be under 17 Years Old, Person Depicted Must Be under 18 Years Old, Possession Punished the Same as Production or Distribution
- Offenses against the Community
- Drug Offenses: Marijuana Decriminalized; Marijuana a Civil Infraction Only; Misdemeanor, Fine Only; Misdemeanor, Jail; Felony, Jail; Life Imprisonment for Serious Nonviolent Drug Offense; Life without Parole for Serious Nonviolent Drug Offense
- Firearms Possession Offenses: Domestic Abusers Prohibited, Domestic Abusers Not Prohibited, Alcohol Abusers Prohibited, Possession Prohibited by Other Specified Misdemeanors
- Predatory Pricing: No Criminalization of Either Form of Predatory Pricing, Criminalizes Sales Below Cost, Criminalizes Price Discrimination
- Organized Crime: No Organized Crime Offense, Non-RICO Organized Crime Statutes, Asset Forfeiture Only, RICO with 4 to 14 Years Maximum, RICO with 15 to 24 Years Maximum, RICO with 25 Years to Life Maximum
- Fixing Sporting Events: Criminalizes Bribery of Officials or Participants, Criminalizes Only Bribery of Participants, Does Not Criminalize Sports Bribery, Criminalizes Sports Tampering
- Procedural Issues
- Extradition: Extradition Sought for All Violent Felony Warrants, Extradition Declined for 1 to 5 Percent of Violent Felony Warrants, Extradition Declined for 6 to 10 Percent of Violent Felony Warrants, Extradition Declined for 11 to 30 Percent of Violent Felony Warrants, Extradition Declined for Greater than 30 Percent of Violent Felony Warrants
- Jurisdiction: Requires Essential Offense Element, Requires Any Offense Element, Requires Any Part of Offense, Requires Only Detrimental Effect
Alaska
- Punishment Theory and Legality
- Distributive Principles of Criminal Law: Desert as a Distributive Principle, Deterrence as a Distributive Principle, Incapacitation as a Distributive Principle, Rehabilitation as a Correctional Policy, Deontological Desert Distributive Principles, Empirical Desert Distributive Principles, The Principle of Full Offense Proportionality, Full Offense Proportionality Plus Protecting the Blameless, A Partial Offense Proportionality Principle, Partial Offense Proportionality Plus Protecting Blameless, No Proportionality and No Protection of the Blameless
- Habitual Offender Statutes: Life Sentence Only If Offenses Were Violent Crimes, Life Sentence Only If at Least One of the Offenses Was a Specifically Enumerated Offense, Life Sentence Even Though None of Prior Offenses Were Violent Crimes
- Death Penalty: Death Penalty Unavailable, Death Penalty Available, Aggravation for Cruel or Depraved Killing, Aggravation for Killing a Child
- Legality: Offense Must Be Fully Codified; Offense Must Be Legislatively Recognized, but Not All of Its Elements Need to Be Codified; Allow Uncodified Offenses but Limit Punishment for Them; Allow Uncodified Offenses
- Homicide
- Provocation/Extreme Emotional Disturbance: Model Penal Code's Extreme Emotional Disturbance Mitigation, Common-Law Provocation: Words Alone Are Sufficient, Common-Law Provocation: Words Alone Are Sufficient Only If They Report Provocative Act, Common-Law Provocation: Words Alone Are Never Sufficient, No Provocation Mitigation
- Felony Murder: Normal Murder Requirements, Recklessness Required for Felony-Murder Liability, Negligence Required for Felony-Murder Liability, Malice Required for Felony-Murder Liability, No Culpability for Felony-Murder Liability
- Causation: Factual Causal Accountability If Sufficient Concurrent Cause, Factual Causal Accountability If Substantial Concurrent Cause, Have Adopted No Solution to the Factual Cause But-For Test Problem in Concurrent-Cause Cases, Proximate Cause as a Normative Judgment, Proximate Cause as an Apparent Factual Standard
- Liability Doctrines
- Transferred Intent: Transfer Only Intent or Knowledge, Not in Attempt Cases; Transfer All Culpability Levels, Not in Attempt Cases; Transfer Intent or Knowledge Even in Cases of Attempts; Transfer All Levels Even in Cases of Attempts
- Consent to Injury: Consent as a Defense to Even Serious Bodily Injury, Consent as a Defense to Nonserious Injury, Consent Not a Defense to Bodily Injury, Permitting Assistance of Suicide
- Mental Illness and Culpability: Mental Illness Can Negate Any Offense Element, Mental Illness Can Negate Only Specific Intent, Mental Illness Cannot Negate Any Offense Element, Abolish Insanity Defense
- Attempt: Proximity and Intent Required, Proximity Required but Permits Lesser Culpability, Substantial Step Sufficient and Intent Required, Substantial Step Sufficient and Permits Lesser Culpability
- Complicity: Complicity Requires Purpose, Natural and Probable Consequence Rule Rejected; Complicity Requires Purpose, Natural and Probable Consequence Rule Adopted; Complicity Requires Only Knowledges, Natural Probable Consequences Rule Rejected; Complicity Requires Only Knowledge, Natural Probable Consequence Rule Adopted
- Complicity Liability of Coconspirators: Adopts Pinkerton Rule, Rejects Withdrawal Defense; Adopts Pinkerton, Adopts Withdrawal Defense If Positive Steps; Adopts Pinkerton, Adopts Simple Withdrawal Defense; Rejects Pinkerton, Rejects Termination Defense to Complicity; Rejects Pinkerton, Adopts Termination Defense to Complicity
- Justification Defenses
- Lesser Evils/Necessity Defense: Lesser Evils Formulation, Imminence Not Required; Lesser Evils Formulation, Imminence Required; "No Alternative" Formulation, Imminence Not Required; "No Alternative" Formulation, Imminence Required; Lesser Evils/Necessity Defense Not Yet Recognized
- Self Defense: Authorizes Deadly Force Only against Threat of Serious Bodily Injury, Authorizes Deadly Force against Threat of Serious Bodily Injury or Enumerated Serious Felonies, Authorizes Deadly Force against Threat of Most Forcible Felonies, Authorizes Deadly Force against Threat of Any Felony
- Law Enforcement Authority: Defense Only Requires Defendant Believed Force Was Necessary, but Separate Provision Imposes Sliding-Scale Liability for Mistake; Defense Requires Defendant Reasonably Believed Force Was Necessary (Imposing All-or-Nothing Liability); Defense Requires Force Was Actually Necessary, but Provides a Separate Mistake Excuse
- Excuse Defenses
- Insanity Defense: Insanity Defense Abolished, Insanity Defense Requires Complete Loss of Understanding, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Criminality of Conduct, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Wrongfulness of Conduct, Insanity Defense If Offense Is Product of Disease, Insanity Defense Has No Control Prong, Insanity Defense If Irresistible Impulse, Insanity Defense If Substantial Impairment
- Immaturity Defense: 16 and Above, 15, 14, 13, 12, No Minimum Age
- Nonexculpatory Defenses
- Statute of Limitations: Only Murder Is Exempt from the Statute of Limitation, Statute of Limitation Does Not Apply to Any Capital Offense, Statute of Limitation Does Not Apply to Certain Enumerated Felonies, Statute of Limitation Does Not Apply to Any Felonies
- Exclusionary Rule: Exclusionary Rule Rejected, before 1914; Exclusionary Rule Rejected, after 1914; Exclusionary Rule Adopted, before 1961; Had Not Addressed Exclusionary Rule as of 1961
- Entrapment Defense: Defense Available If Not Predisposed, but Not Offense of Violence; Defense Available If Not Predisposed, Even If Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, but Not for Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, Even If Crime of Violence
- Offenses against the Person and Property
- Criminalizing Risk Creation: General Reckless Endangerment Offense, Risking Catastrophe Offense, Reckless Burning Offense
- Statutory Rape: Criminal for Adult to Have Intercourse with a Partner under 16, Criminal for Adult to Have Intercourse with a Partner under 17, Criminal for Adult to Have Intercourse with a Partner under 18, Recognizing a Close-in-Age Exception, No Close-in-Age Exception Recognized
- Domestic Violence: No Martial Rape Exception, Mandatory Arrest; Limited Marital Rape Exception, Mandatory Arrest; No Marital Rape Exception, Presumptive Arrest; Limited Marital Rape Exception, Presumptive Arrest; No Marital Rape Exception, Discretionary Arrest; Limited Rape Exception, Discretionary Arrest
- Stalking and Harassment: Requires Actual Fear or Distress, Punished as a Misdemeanor; Requires Actual Fear or Distress, Punished as a Felony; Enough That Intended or Believed Would Cause Distress, Punished as a Misdemeanor; Enough That Intended or Believed Would Cause Distress, Punished as a Felony
- Child Neglect: Criminalize Only Neglect of General Health or Welfare; Also Criminalize Neglect of "Education"; Also Criminalize Neglect of "Mental" or "Emotional" Health; Also Criminalize Neglect of "Mental" or "Emotional" Health, "Education"
- Deceptive Business Practices: Criminalizes False Advertising and False Measure, Criminalizes False Advertising Only, Criminalizes False Measure Only, Civil Remedies Only
- Extortion: Offender Must Demand Property, Offender May Demand Any Act, Effect of Threat Must Be to Actually Extort, Enough That the Offender Intends to Extort
- Public Order and Decency Offenses
- Adultery: Repealed by 1995; Repealed after 1995; Current Offense, Misdemeanor; Current Offense, Felony
- Criminal Obscenity: No Obscenity Offense; Defines Obscenity as Lacks Serious Value and Prurient Interest; Defines Obscenity as Lacks Serious Value and Prurient Interest, Also Prohibits Devices; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive, Also Prohibits Devices; Obscenity Offense but Leaves Obscenity Undefined
- Child Pornography: Person Depicted Must Be under 16 Years Old, Person Depicted Must Be under 17 Years Old, Person Depicted Must Be under 18 Years Old, Possession Punished the Same as Production or Distribution
- Offenses against the Community
- Drug Offenses: Marijuana Decriminalized; Marijuana a Civil Infraction Only; Misdemeanor, Fine Only; Misdemeanor, Jail; Felony, Jail; Life Imprisonment for Serious Nonviolent Drug Offense; Life without Parole for Serious Nonviolent Drug Offense
- Firearms Possession Offenses: Domestic Abusers Prohibited, Domestic Abusers Not Prohibited, Alcohol Abusers Prohibited, Possession Prohibited by Other Specified Misdemeanors
- Predatory Pricing: No Criminalization of Either Form of Predatory Pricing, Criminalizes Sales Below Cost, Criminalizes Price Discrimination
- Organized Crime: No Organized Crime Offense, Non-RICO Organized Crime Statutes, Asset Forfeiture Only, RICO with 4 to 14 Years Maximum, RICO with 15 to 24 Years Maximum, RICO with 25 Years to Life Maximum
- Fixing Sporting Events: Criminalizes Bribery of Officials or Participants, Criminalizes Only Bribery of Participants, Does Not Criminalize Sports Bribery, Criminalizes Sports Tampering
- Procedural Issues
- Extradition: Extradition Sought for All Violent Felony Warrants, Extradition Declined for 1 to 5 Percent of Violent Felony Warrants, Extradition Declined for 6 to 10 Percent of Violent Felony Warrants, Extradition Declined for 11 to 30 Percent of Violent Felony Warrants, Extradition Declined for Greater than 30 Percent of Violent Felony Warrants
- Jurisdiction: Requires Essential Offense Element, Requires Any Offense Element, Requires Any Part of Offense, Requires Only Detrimental Effect
Arizona
- Punishment Theory and Legality
- Distributive Principles of Criminal Law: Desert as a Distributive Principle, Deterrence as a Distributive Principle, Incapacitation as a Distributive Principle, Rehabilitation as a Correctional Policy, Deontological Desert Distributive Principles, Empirical Desert Distributive Principles, The Principle of Full Offense Proportionality, Full Offense Proportionality Plus Protecting the Blameless, A Partial Offense Proportionality Principle, Partial Offense Proportionality Plus Protecting Blameless, No Proportionality and No Protection of the Blameless
- Habitual Offender Statutes: Life Sentence Only If Offenses Were Violent Crimes, Life Sentence Only If at Least One of the Offenses Was a Specifically Enumerated Offense, Life Sentence Even Though None of Prior Offenses Were Violent Crimes
- Death Penalty: Death Penalty Unavailable, Death Penalty Available, Aggravation for Cruel or Depraved Killing, Aggravation for Killing a Child
- Legality: Offense Must Be Fully Codified; Offense Must Be Legislatively Recognized, but Not All of Its Elements Need to Be Codified; Allow Uncodified Offenses but Limit Punishment for Them; Allow Uncodified Offenses
- Homicide
- Provocation/Extreme Emotional Disturbance: Model Penal Code's Extreme Emotional Disturbance Mitigation, Common-Law Provocation: Words Alone Are Sufficient, Common-Law Provocation: Words Alone Are Sufficient Only If They Report Provocative Act, Common-Law Provocation: Words Alone Are Never Sufficient, No Provocation Mitigation
- Felony Murder: Normal Murder Requirements, Recklessness Required for Felony-Murder Liability, Negligence Required for Felony-Murder Liability, Malice Required for Felony-Murder Liability, No Culpability for Felony-Murder Liability
- Causation: Factual Causal Accountability If Sufficient Concurrent Cause, Factual Causal Accountability If Substantial Concurrent Cause, Have Adopted No Solution to the Factual Cause But-For Test Problem in Concurrent-Cause Cases, Proximate Cause as a Normative Judgment, Proximate Cause as an Apparent Factual Standard
- Liability Doctrines
- Transferred Intent: Transfer Only Intent or Knowledge, Not in Attempt Cases; Transfer All Culpability Levels, Not in Attempt Cases; Transfer Intent or Knowledge Even in Cases of Attempts; Transfer All Levels Even in Cases of Attempts
- Consent to Injury: Consent as a Defense to Even Serious Bodily Injury, Consent as a Defense to Nonserious Injury, Consent Not a Defense to Bodily Injury, Permitting Assistance of Suicide
- Mental Illness and Culpability: Mental Illness Can Negate Any Offense Element, Mental Illness Can Negate Only Specific Intent, Mental Illness Cannot Negate Any Offense Element, Abolish Insanity Defense
- Attempt: Proximity and Intent Required, Proximity Required but Permits Lesser Culpability, Substantial Step Sufficient and Intent Required, Substantial Step Sufficient and Permits Lesser Culpability
- Complicity: Complicity Requires Purpose, Natural and Probable Consequence Rule Rejected; Complicity Requires Purpose, Natural and Probable Consequence Rule Adopted; Complicity Requires Only Knowledges, Natural Probable Consequences Rule Rejected; Complicity Requires Only Knowledge, Natural Probable Consequence Rule Adopted
- Complicity Liability of Coconspirators: Adopts Pinkerton Rule, Rejects Withdrawal Defense; Adopts Pinkerton, Adopts Withdrawal Defense If Positive Steps; Adopts Pinkerton, Adopts Simple Withdrawal Defense; Rejects Pinkerton, Rejects Termination Defense to Complicity; Rejects Pinkerton, Adopts Termination Defense to Complicity
- Justification Defenses
- Lesser Evils/Necessity Defense: Lesser Evils Formulation, Imminence Not Required; Lesser Evils Formulation, Imminence Required; "No Alternative" Formulation, Imminence Not Required; "No Alternative" Formulation, Imminence Required; Lesser Evils/Necessity Defense Not Yet Recognized
- Self Defense: Authorizes Deadly Force Only against Threat of Serious Bodily Injury, Authorizes Deadly Force against Threat of Serious Bodily Injury or Enumerated Serious Felonies, Authorizes Deadly Force against Threat of Most Forcible Felonies, Authorizes Deadly Force against Threat of Any Felony
- Law Enforcement Authority: Defense Only Requires Defendant Believed Force Was Necessary, but Separate Provision Imposes Sliding-Scale Liability for Mistake; Defense Requires Defendant Reasonably Believed Force Was Necessary (Imposing All-or-Nothing Liability); Defense Requires Force Was Actually Necessary, but Provides a Separate Mistake Excuse
- Excuse Defenses
- Insanity Defense: Insanity Defense Abolished, Insanity Defense Requires Complete Loss of Understanding, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Criminality of Conduct, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Wrongfulness of Conduct, Insanity Defense If Offense Is Product of Disease, Insanity Defense Has No Control Prong, Insanity Defense If Irresistible Impulse, Insanity Defense If Substantial Impairment
- Immaturity Defense: 16 and Above, 15, 14, 13, 12, No Minimum Age
- Nonexculpatory Defenses
- Statute of Limitations: Only Murder Is Exempt from the Statute of Limitation, Statute of Limitation Does Not Apply to Any Capital Offense, Statute of Limitation Does Not Apply to Certain Enumerated Felonies, Statute of Limitation Does Not Apply to Any Felonies
- Exclusionary Rule: Exclusionary Rule Rejected, before 1914; Exclusionary Rule Rejected, after 1914; Exclusionary Rule Adopted, before 1961; Had Not Addressed Exclusionary Rule as of 1961
- Entrapment Defense: Defense Available If Not Predisposed, but Not Offense of Violence; Defense Available If Not Predisposed, Even If Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, but Not for Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, Even If Crime of Violence
- Offenses against the Person and Property
- Criminalizing Risk Creation: General Reckless Endangerment Offense, Risking Catastrophe Offense, Reckless Burning Offense
- Statutory Rape: Criminal for Adult to Have Intercourse with a Partner under 16, Criminal for Adult to Have Intercourse with a Partner under 17, Criminal for Adult to Have Intercourse with a Partner under 18, Recognizing a Close-in-Age Exception, No Close-in-Age Exception Recognized
- Domestic Violence: No Martial Rape Exception, Mandatory Arrest; Limited Marital Rape Exception, Mandatory Arrest; No Marital Rape Exception, Presumptive Arrest; Limited Marital Rape Exception, Presumptive Arrest; No Marital Rape Exception, Discretionary Arrest; Limited Rape Exception, Discretionary Arrest
- Stalking and Harassment: Requires Actual Fear or Distress, Punished as a Misdemeanor; Requires Actual Fear or Distress, Punished as a Felony; Enough That Intended or Believed Would Cause Distress, Punished as a Misdemeanor; Enough That Intended or Believed Would Cause Distress, Punished as a Felony
- Child Neglect: Criminalize Only Neglect of General Health or Welfare; Also Criminalize Neglect of "Education"; Also Criminalize Neglect of "Mental" or "Emotional" Health; Also Criminalize Neglect of "Mental" or "Emotional" Health, "Education"
- Deceptive Business Practices: Criminalizes False Advertising and False Measure, Criminalizes False Advertising Only, Criminalizes False Measure Only, Civil Remedies Only
- Extortion: Offender Must Demand Property, Offender May Demand Any Act, Effect of Threat Must Be to Actually Extort, Enough That the Offender Intends to Extort
- Public Order and Decency Offenses
- Adultery: Repealed by 1995; Repealed after 1995; Current Offense, Misdemeanor; Current Offense, Felony
- Criminal Obscenity: No Obscenity Offense; Defines Obscenity as Lacks Serious Value and Prurient Interest; Defines Obscenity as Lacks Serious Value and Prurient Interest, Also Prohibits Devices; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive, Also Prohibits Devices; Obscenity Offense but Leaves Obscenity Undefined
- Child Pornography: Person Depicted Must Be under 16 Years Old, Person Depicted Must Be under 17 Years Old, Person Depicted Must Be under 18 Years Old, Possession Punished the Same as Production or Distribution
- Offenses against the Community
- Drug Offenses: Marijuana Decriminalized; Marijuana a Civil Infraction Only; Misdemeanor, Fine Only; Misdemeanor, Jail; Felony, Jail; Life Imprisonment for Serious Nonviolent Drug Offense; Life without Parole for Serious Nonviolent Drug Offense
- Firearms Possession Offenses: Domestic Abusers Prohibited, Domestic Abusers Not Prohibited, Alcohol Abusers Prohibited, Possession Prohibited by Other Specified Misdemeanors
- Predatory Pricing: No Criminalization of Either Form of Predatory Pricing, Criminalizes Sales Below Cost, Criminalizes Price Discrimination
- Organized Crime: No Organized Crime Offense, Non-RICO Organized Crime Statutes, Asset Forfeiture Only, RICO with 4 to 14 Years Maximum, RICO with 15 to 24 Years Maximum, RICO with 25 Years to Life Maximum
- Fixing Sporting Events: Criminalizes Bribery of Officials or Participants, Criminalizes Only Bribery of Participants, Does Not Criminalize Sports Bribery, Criminalizes Sports Tampering
- Procedural Issues
- Extradition: Extradition Sought for All Violent Felony Warrants, Extradition Declined for 1 to 5 Percent of Violent Felony Warrants, Extradition Declined for 6 to 10 Percent of Violent Felony Warrants, Extradition Declined for 11 to 30 Percent of Violent Felony Warrants, Extradition Declined for Greater than 30 Percent of Violent Felony Warrants
- Jurisdiction: Requires Essential Offense Element, Requires Any Offense Element, Requires Any Part of Offense, Requires Only Detrimental Effect
Arkansas
- Punishment Theory and Legality
- Distributive Principles of Criminal Law: Desert as a Distributive Principle, Deterrence as a Distributive Principle, Incapacitation as a Distributive Principle, Rehabilitation as a Correctional Policy, Deontological Desert Distributive Principles, Empirical Desert Distributive Principles, The Principle of Full Offense Proportionality, Full Offense Proportionality Plus Protecting the Blameless, A Partial Offense Proportionality Principle, Partial Offense Proportionality Plus Protecting Blameless, No Proportionality and No Protection of the Blameless
- Habitual Offender Statutes: Life Sentence Only If Offenses Were Violent Crimes, Life Sentence Only If at Least One of the Offenses Was a Specifically Enumerated Offense, Life Sentence Even Though None of Prior Offenses Were Violent Crimes
- Death Penalty: Death Penalty Unavailable, Death Penalty Available, Aggravation for Cruel or Depraved Killing, Aggravation for Killing a Child
- Legality: Offense Must Be Fully Codified; Offense Must Be Legislatively Recognized, but Not All of Its Elements Need to Be Codified; Allow Uncodified Offenses but Limit Punishment for Them; Allow Uncodified Offenses
- Homicide
- Provocation/Extreme Emotional Disturbance: Model Penal Code's Extreme Emotional Disturbance Mitigation, Common-Law Provocation: Words Alone Are Sufficient, Common-Law Provocation: Words Alone Are Sufficient Only If They Report Provocative Act, Common-Law Provocation: Words Alone Are Never Sufficient, No Provocation Mitigation
- Felony Murder: Normal Murder Requirements, Recklessness Required for Felony-Murder Liability, Negligence Required for Felony-Murder Liability, Malice Required for Felony-Murder Liability, No Culpability for Felony-Murder Liability
- Causation: Factual Causal Accountability If Sufficient Concurrent Cause, Factual Causal Accountability If Substantial Concurrent Cause, Have Adopted No Solution to the Factual Cause But-For Test Problem in Concurrent-Cause Cases, Proximate Cause as a Normative Judgment, Proximate Cause as an Apparent Factual Standard
- Liability Doctrines
- Transferred Intent: Transfer Only Intent or Knowledge, Not in Attempt Cases; Transfer All Culpability Levels, Not in Attempt Cases; Transfer Intent or Knowledge Even in Cases of Attempts; Transfer All Levels Even in Cases of Attempts
- Consent to Injury: Consent as a Defense to Even Serious Bodily Injury, Consent as a Defense to Nonserious Injury, Consent Not a Defense to Bodily Injury, Permitting Assistance of Suicide
- Mental Illness and Culpability: Mental Illness Can Negate Any Offense Element, Mental Illness Can Negate Only Specific Intent, Mental Illness Cannot Negate Any Offense Element, Abolish Insanity Defense
- Attempt: Proximity and Intent Required, Proximity Required but Permits Lesser Culpability, Substantial Step Sufficient and Intent Required, Substantial Step Sufficient and Permits Lesser Culpability
- Complicity: Complicity Requires Purpose, Natural and Probable Consequence Rule Rejected; Complicity Requires Purpose, Natural and Probable Consequence Rule Adopted; Complicity Requires Only Knowledges, Natural Probable Consequences Rule Rejected; Complicity Requires Only Knowledge, Natural Probable Consequence Rule Adopted
- Complicity Liability of Coconspirators: Adopts Pinkerton Rule, Rejects Withdrawal Defense; Adopts Pinkerton, Adopts Withdrawal Defense If Positive Steps; Adopts Pinkerton, Adopts Simple Withdrawal Defense; Rejects Pinkerton, Rejects Termination Defense to Complicity; Rejects Pinkerton, Adopts Termination Defense to Complicity
- Justification Defenses
- Lesser Evils/Necessity Defense: Lesser Evils Formulation, Imminence Not Required; Lesser Evils Formulation, Imminence Required; "No Alternative" Formulation, Imminence Not Required; "No Alternative" Formulation, Imminence Required; Lesser Evils/Necessity Defense Not Yet Recognized
- Self Defense: Authorizes Deadly Force Only against Threat of Serious Bodily Injury, Authorizes Deadly Force against Threat of Serious Bodily Injury or Enumerated Serious Felonies, Authorizes Deadly Force against Threat of Most Forcible Felonies, Authorizes Deadly Force against Threat of Any Felony
- Law Enforcement Authority: Defense Only Requires Defendant Believed Force Was Necessary, but Separate Provision Imposes Sliding-Scale Liability for Mistake; Defense Requires Defendant Reasonably Believed Force Was Necessary (Imposing All-or-Nothing Liability); Defense Requires Force Was Actually Necessary, but Provides a Separate Mistake Excuse
- Excuse Defenses
- Insanity Defense: Insanity Defense Abolished, Insanity Defense Requires Complete Loss of Understanding, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Criminality of Conduct, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Wrongfulness of Conduct, Insanity Defense If Offense Is Product of Disease, Insanity Defense Has No Control Prong, Insanity Defense If Irresistible Impulse, Insanity Defense If Substantial Impairment
- Immaturity Defense: 16 and Above, 15, 14, 13, 12, No Minimum Age
- Nonexculpatory Defenses
- Statute of Limitations: Only Murder Is Exempt from the Statute of Limitation, Statute of Limitation Does Not Apply to Any Capital Offense, Statute of Limitation Does Not Apply to Certain Enumerated Felonies, Statute of Limitation Does Not Apply to Any Felonies
- Exclusionary Rule: Exclusionary Rule Rejected, before 1914; Exclusionary Rule Rejected, after 1914; Exclusionary Rule Adopted, before 1961; Had Not Addressed Exclusionary Rule as of 1961
- Entrapment Defense: Defense Available If Not Predisposed, but Not Offense of Violence; Defense Available If Not Predisposed, Even If Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, but Not for Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, Even If Crime of Violence
- Offenses against the Person and Property
- Criminalizing Risk Creation: General Reckless Endangerment Offense, Risking Catastrophe Offense, Reckless Burning Offense
- Statutory Rape: Criminal for Adult to Have Intercourse with a Partner under 16, Criminal for Adult to Have Intercourse with a Partner under 17, Criminal for Adult to Have Intercourse with a Partner under 18, Recognizing a Close-in-Age Exception, No Close-in-Age Exception Recognized
- Domestic Violence: No Martial Rape Exception, Mandatory Arrest; Limited Marital Rape Exception, Mandatory Arrest; No Marital Rape Exception, Presumptive Arrest; Limited Marital Rape Exception, Presumptive Arrest; No Marital Rape Exception, Discretionary Arrest; Limited Rape Exception, Discretionary Arrest
- Stalking and Harassment: Requires Actual Fear or Distress, Punished as a Misdemeanor; Requires Actual Fear or Distress, Punished as a Felony; Enough That Intended or Believed Would Cause Distress, Punished as a Misdemeanor; Enough That Intended or Believed Would Cause Distress, Punished as a Felony
- Child Neglect: Criminalize Only Neglect of General Health or Welfare; Also Criminalize Neglect of "Education"; Also Criminalize Neglect of "Mental" or "Emotional" Health; Also Criminalize Neglect of "Mental" or "Emotional" Health, "Education"
- Deceptive Business Practices: Criminalizes False Advertising and False Measure, Criminalizes False Advertising Only, Criminalizes False Measure Only, Civil Remedies Only
- Extortion: Offender Must Demand Property, Offender May Demand Any Act, Effect of Threat Must Be to Actually Extort, Enough That the Offender Intends to Extort
- Public Order and Decency Offenses
- Adultery: Repealed by 1995; Repealed after 1995; Current Offense, Misdemeanor; Current Offense, Felony
- Criminal Obscenity: No Obscenity Offense; Defines Obscenity as Lacks Serious Value and Prurient Interest; Defines Obscenity as Lacks Serious Value and Prurient Interest, Also Prohibits Devices; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive, Also Prohibits Devices; Obscenity Offense but Leaves Obscenity Undefined
- Child Pornography: Person Depicted Must Be under 16 Years Old, Person Depicted Must Be under 17 Years Old, Person Depicted Must Be under 18 Years Old, Possession Punished the Same as Production or Distribution
- Offenses against the Community
- Drug Offenses: Marijuana Decriminalized; Marijuana a Civil Infraction Only; Misdemeanor, Fine Only; Misdemeanor, Jail; Felony, Jail; Life Imprisonment for Serious Nonviolent Drug Offense; Life without Parole for Serious Nonviolent Drug Offense
- Firearms Possession Offenses: Domestic Abusers Prohibited, Domestic Abusers Not Prohibited, Alcohol Abusers Prohibited, Possession Prohibited by Other Specified Misdemeanors
- Predatory Pricing: No Criminalization of Either Form of Predatory Pricing, Criminalizes Sales Below Cost, Criminalizes Price Discrimination
- Organized Crime: No Organized Crime Offense, Non-RICO Organized Crime Statutes, Asset Forfeiture Only, RICO with 4 to 14 Years Maximum, RICO with 15 to 24 Years Maximum, RICO with 25 Years to Life Maximum
- Fixing Sporting Events: Criminalizes Bribery of Officials or Participants, Criminalizes Only Bribery of Participants, Does Not Criminalize Sports Bribery, Criminalizes Sports Tampering
- Procedural Issues
- Extradition: Extradition Sought for All Violent Felony Warrants, Extradition Declined for 1 to 5 Percent of Violent Felony Warrants, Extradition Declined for 6 to 10 Percent of Violent Felony Warrants, Extradition Declined for 11 to 30 Percent of Violent Felony Warrants, Extradition Declined for Greater than 30 Percent of Violent Felony Warrants
- Jurisdiction: Requires Essential Offense Element, Requires Any Offense Element, Requires Any Part of Offense, Requires Only Detrimental Effect
California
- Punishment Theory and Legality
- Distributive Principles of Criminal Law: Desert as a Distributive Principle, Deterrence as a Distributive Principle, Incapacitation as a Distributive Principle, Rehabilitation as a Correctional Policy, Deontological Desert Distributive Principles, Empirical Desert Distributive Principles, The Principle of Full Offense Proportionality, Full Offense Proportionality Plus Protecting the Blameless, A Partial Offense Proportionality Principle, Partial Offense Proportionality Plus Protecting Blameless, No Proportionality and No Protection of the Blameless
- Habitual Offender Statutes: Life Sentence Only If Offenses Were Violent Crimes, Life Sentence Only If at Least One of the Offenses Was a Specifically Enumerated Offense, Life Sentence Even Though None of Prior Offenses Were Violent Crimes
- Death Penalty: Death Penalty Unavailable, Death Penalty Available, Aggravation for Cruel or Depraved Killing, Aggravation for Killing a Child
- Legality: Offense Must Be Fully Codified; Offense Must Be Legislatively Recognized, but Not All of Its Elements Need to Be Codified; Allow Uncodified Offenses but Limit Punishment for Them; Allow Uncodified Offenses
- Homicide
- Provocation/Extreme Emotional Disturbance: Model Penal Code's Extreme Emotional Disturbance Mitigation, Common-Law Provocation: Words Alone Are Sufficient, Common-Law Provocation: Words Alone Are Sufficient Only If They Report Provocative Act, Common-Law Provocation: Words Alone Are Never Sufficient, No Provocation Mitigation
- Felony Murder: Normal Murder Requirements, Recklessness Required for Felony-Murder Liability, Negligence Required for Felony-Murder Liability, Malice Required for Felony-Murder Liability, No Culpability for Felony-Murder Liability
- Causation: Factual Causal Accountability If Sufficient Concurrent Cause, Factual Causal Accountability If Substantial Concurrent Cause, Have Adopted No Solution to the Factual Cause But-For Test Problem in Concurrent-Cause Cases, Proximate Cause as a Normative Judgment, Proximate Cause as an Apparent Factual Standard
- Liability Doctrines
- Transferred Intent: Transfer Only Intent or Knowledge, Not in Attempt Cases; Transfer All Culpability Levels, Not in Attempt Cases; Transfer Intent or Knowledge Even in Cases of Attempts; Transfer All Levels Even in Cases of Attempts
- Consent to Injury: Consent as a Defense to Even Serious Bodily Injury, Consent as a Defense to Nonserious Injury, Consent Not a Defense to Bodily Injury, Permitting Assistance of Suicide
- Mental Illness and Culpability: Mental Illness Can Negate Any Offense Element, Mental Illness Can Negate Only Specific Intent, Mental Illness Cannot Negate Any Offense Element, Abolish Insanity Defense
- Attempt: Proximity and Intent Required, Proximity Required but Permits Lesser Culpability, Substantial Step Sufficient and Intent Required, Substantial Step Sufficient and Permits Lesser Culpability
- Complicity: Complicity Requires Purpose, Natural and Probable Consequence Rule Rejected; Complicity Requires Purpose, Natural and Probable Consequence Rule Adopted; Complicity Requires Only Knowledges, Natural Probable Consequences Rule Rejected; Complicity Requires Only Knowledge, Natural Probable Consequence Rule Adopted
- Complicity Liability of Coconspirators: Adopts Pinkerton Rule, Rejects Withdrawal Defense; Adopts Pinkerton, Adopts Withdrawal Defense If Positive Steps; Adopts Pinkerton, Adopts Simple Withdrawal Defense; Rejects Pinkerton, Rejects Termination Defense to Complicity; Rejects Pinkerton, Adopts Termination Defense to Complicity
- Justification Defenses
- Lesser Evils/Necessity Defense: Lesser Evils Formulation, Imminence Not Required; Lesser Evils Formulation, Imminence Required; "No Alternative" Formulation, Imminence Not Required; "No Alternative" Formulation, Imminence Required; Lesser Evils/Necessity Defense Not Yet Recognized
- Self Defense: Authorizes Deadly Force Only against Threat of Serious Bodily Injury, Authorizes Deadly Force against Threat of Serious Bodily Injury or Enumerated Serious Felonies, Authorizes Deadly Force against Threat of Most Forcible Felonies, Authorizes Deadly Force against Threat of Any Felony
- Law Enforcement Authority: Defense Only Requires Defendant Believed Force Was Necessary, but Separate Provision Imposes Sliding-Scale Liability for Mistake; Defense Requires Defendant Reasonably Believed Force Was Necessary (Imposing All-or-Nothing Liability); Defense Requires Force Was Actually Necessary, but Provides a Separate Mistake Excuse
- Excuse Defenses
- Insanity Defense: Insanity Defense Abolished, Insanity Defense Requires Complete Loss of Understanding, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Criminality of Conduct, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Wrongfulness of Conduct, Insanity Defense If Offense Is Product of Disease, Insanity Defense Has No Control Prong, Insanity Defense If Irresistible Impulse, Insanity Defense If Substantial Impairment
- Immaturity Defense: 16 and Above, 15, 14, 13, 12, No Minimum Age
- Nonexculpatory Defenses
- Statute of Limitations: Only Murder Is Exempt from the Statute of Limitation, Statute of Limitation Does Not Apply to Any Capital Offense, Statute of Limitation Does Not Apply to Certain Enumerated Felonies, Statute of Limitation Does Not Apply to Any Felonies
- Exclusionary Rule: Exclusionary Rule Rejected, before 1914; Exclusionary Rule Rejected, after 1914; Exclusionary Rule Adopted, before 1961; Had Not Addressed Exclusionary Rule as of 1961
- Entrapment Defense: Defense Available If Not Predisposed, but Not Offense of Violence; Defense Available If Not Predisposed, Even If Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, but Not for Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, Even If Crime of Violence
- Offenses against the Person and Property
- Criminalizing Risk Creation: General Reckless Endangerment Offense, Risking Catastrophe Offense, Reckless Burning Offense
- Statutory Rape: Criminal for Adult to Have Intercourse with a Partner under 16, Criminal for Adult to Have Intercourse with a Partner under 17, Criminal for Adult to Have Intercourse with a Partner under 18, Recognizing a Close-in-Age Exception, No Close-in-Age Exception Recognized
- Domestic Violence: No Martial Rape Exception, Mandatory Arrest; Limited Marital Rape Exception, Mandatory Arrest; No Marital Rape Exception, Presumptive Arrest; Limited Marital Rape Exception, Presumptive Arrest; No Marital Rape Exception, Discretionary Arrest; Limited Rape Exception, Discretionary Arrest
- Stalking and Harassment: Requires Actual Fear or Distress, Punished as a Misdemeanor; Requires Actual Fear or Distress, Punished as a Felony; Enough That Intended or Believed Would Cause Distress, Punished as a Misdemeanor; Enough That Intended or Believed Would Cause Distress, Punished as a Felony
- Child Neglect: Criminalize Only Neglect of General Health or Welfare; Also Criminalize Neglect of "Education"; Also Criminalize Neglect of "Mental" or "Emotional" Health; Also Criminalize Neglect of "Mental" or "Emotional" Health, "Education"
- Deceptive Business Practices: Criminalizes False Advertising and False Measure, Criminalizes False Advertising Only, Criminalizes False Measure Only, Civil Remedies Only
- Extortion: Offender Must Demand Property, Offender May Demand Any Act, Effect of Threat Must Be to Actually Extort, Enough That the Offender Intends to Extort
- Public Order and Decency Offenses
- Adultery: Repealed by 1995; Repealed after 1995; Current Offense, Misdemeanor; Current Offense, Felony
- Criminal Obscenity: No Obscenity Offense; Defines Obscenity as Lacks Serious Value and Prurient Interest; Defines Obscenity as Lacks Serious Value and Prurient Interest, Also Prohibits Devices; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive, Also Prohibits Devices; Obscenity Offense but Leaves Obscenity Undefined
- Child Pornography: Person Depicted Must Be under 16 Years Old, Person Depicted Must Be under 17 Years Old, Person Depicted Must Be under 18 Years Old, Possession Punished the Same as Production or Distribution
- Offenses against the Community
- Drug Offenses: Marijuana Decriminalized; Marijuana a Civil Infraction Only; Misdemeanor, Fine Only; Misdemeanor, Jail; Felony, Jail; Life Imprisonment for Serious Nonviolent Drug Offense; Life without Parole for Serious Nonviolent Drug Offense
- Firearms Possession Offenses: Domestic Abusers Prohibited, Domestic Abusers Not Prohibited, Alcohol Abusers Prohibited, Possession Prohibited by Other Specified Misdemeanors
- Predatory Pricing: No Criminalization of Either Form of Predatory Pricing, Criminalizes Sales Below Cost, Criminalizes Price Discrimination
- Organized Crime: No Organized Crime Offense, Non-RICO Organized Crime Statutes, Asset Forfeiture Only, RICO with 4 to 14 Years Maximum, RICO with 15 to 24 Years Maximum, RICO with 25 Years to Life Maximum
- Fixing Sporting Events: Criminalizes Bribery of Officials or Participants, Criminalizes Only Bribery of Participants, Does Not Criminalize Sports Bribery, Criminalizes Sports Tampering
- Procedural Issues
- Extradition: Extradition Sought for All Violent Felony Warrants, Extradition Declined for 1 to 5 Percent of Violent Felony Warrants, Extradition Declined for 6 to 10 Percent of Violent Felony Warrants, Extradition Declined for 11 to 30 Percent of Violent Felony Warrants, Extradition Declined for Greater than 30 Percent of Violent Felony Warrants
- Jurisdiction: Requires Essential Offense Element, Requires Any Offense Element, Requires Any Part of Offense, Requires Only Detrimental Effect
Colorado
- Punishment Theory and Legality
- Distributive Principles of Criminal Law: Desert as a Distributive Principle, Deterrence as a Distributive Principle, Incapacitation as a Distributive Principle, Rehabilitation as a Correctional Policy, Deontological Desert Distributive Principles, Empirical Desert Distributive Principles, The Principle of Full Offense Proportionality, Full Offense Proportionality Plus Protecting the Blameless, A Partial Offense Proportionality Principle, Partial Offense Proportionality Plus Protecting Blameless, No Proportionality and No Protection of the Blameless
- Habitual Offender Statutes: Life Sentence Only If Offenses Were Violent Crimes, Life Sentence Only If at Least One of the Offenses Was a Specifically Enumerated Offense, Life Sentence Even Though None of Prior Offenses Were Violent Crimes
- Death Penalty: Death Penalty Unavailable, Death Penalty Available, Aggravation for Cruel or Depraved Killing, Aggravation for Killing a Child
- Legality: Offense Must Be Fully Codified; Offense Must Be Legislatively Recognized, but Not All of Its Elements Need to Be Codified; Allow Uncodified Offenses but Limit Punishment for Them; Allow Uncodified Offenses
- Homicide
- Provocation/Extreme Emotional Disturbance: Model Penal Code's Extreme Emotional Disturbance Mitigation, Common-Law Provocation: Words Alone Are Sufficient, Common-Law Provocation: Words Alone Are Sufficient Only If They Report Provocative Act, Common-Law Provocation: Words Alone Are Never Sufficient, No Provocation Mitigation
- Felony Murder: Normal Murder Requirements, Recklessness Required for Felony-Murder Liability, Negligence Required for Felony-Murder Liability, Malice Required for Felony-Murder Liability, No Culpability for Felony-Murder Liability
- Causation: Factual Causal Accountability If Sufficient Concurrent Cause, Factual Causal Accountability If Substantial Concurrent Cause, Have Adopted No Solution to the Factual Cause But-For Test Problem in Concurrent-Cause Cases, Proximate Cause as a Normative Judgment, Proximate Cause as an Apparent Factual Standard
- Liability Doctrines
- Transferred Intent: Transfer Only Intent or Knowledge, Not in Attempt Cases; Transfer All Culpability Levels, Not in Attempt Cases; Transfer Intent or Knowledge Even in Cases of Attempts; Transfer All Levels Even in Cases of Attempts
- Consent to Injury: Consent as a Defense to Even Serious Bodily Injury, Consent as a Defense to Nonserious Injury, Consent Not a Defense to Bodily Injury, Permitting Assistance of Suicide
- Mental Illness and Culpability: Mental Illness Can Negate Any Offense Element, Mental Illness Can Negate Only Specific Intent, Mental Illness Cannot Negate Any Offense Element, Abolish Insanity Defense
- Attempt: Proximity and Intent Required, Proximity Required but Permits Lesser Culpability, Substantial Step Sufficient and Intent Required, Substantial Step Sufficient and Permits Lesser Culpability
- Complicity: Complicity Requires Purpose, Natural and Probable Consequence Rule Rejected; Complicity Requires Purpose, Natural and Probable Consequence Rule Adopted; Complicity Requires Only Knowledges, Natural Probable Consequences Rule Rejected; Complicity Requires Only Knowledge, Natural Probable Consequence Rule Adopted
- Complicity Liability of Coconspirators: Adopts Pinkerton Rule, Rejects Withdrawal Defense; Adopts Pinkerton, Adopts Withdrawal Defense If Positive Steps; Adopts Pinkerton, Adopts Simple Withdrawal Defense; Rejects Pinkerton, Rejects Termination Defense to Complicity; Rejects Pinkerton, Adopts Termination Defense to Complicity
- Justification Defenses
- Lesser Evils/Necessity Defense: Lesser Evils Formulation, Imminence Not Required; Lesser Evils Formulation, Imminence Required; "No Alternative" Formulation, Imminence Not Required; "No Alternative" Formulation, Imminence Required; Lesser Evils/Necessity Defense Not Yet Recognized
- Self Defense: Authorizes Deadly Force Only against Threat of Serious Bodily Injury, Authorizes Deadly Force against Threat of Serious Bodily Injury or Enumerated Serious Felonies, Authorizes Deadly Force against Threat of Most Forcible Felonies, Authorizes Deadly Force against Threat of Any Felony
- Law Enforcement Authority: Defense Only Requires Defendant Believed Force Was Necessary, but Separate Provision Imposes Sliding-Scale Liability for Mistake; Defense Requires Defendant Reasonably Believed Force Was Necessary (Imposing All-or-Nothing Liability); Defense Requires Force Was Actually Necessary, but Provides a Separate Mistake Excuse
- Excuse Defenses
- Insanity Defense: Insanity Defense Abolished, Insanity Defense Requires Complete Loss of Understanding, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Criminality of Conduct, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Wrongfulness of Conduct, Insanity Defense If Offense Is Product of Disease, Insanity Defense Has No Control Prong, Insanity Defense If Irresistible Impulse, Insanity Defense If Substantial Impairment
- Immaturity Defense: 16 and Above, 15, 14, 13, 12, No Minimum Age
- Nonexculpatory Defenses
- Statute of Limitations: Only Murder Is Exempt from the Statute of Limitation, Statute of Limitation Does Not Apply to Any Capital Offense, Statute of Limitation Does Not Apply to Certain Enumerated Felonies, Statute of Limitation Does Not Apply to Any Felonies
- Exclusionary Rule: Exclusionary Rule Rejected, before 1914; Exclusionary Rule Rejected, after 1914; Exclusionary Rule Adopted, before 1961; Had Not Addressed Exclusionary Rule as of 1961
- Entrapment Defense: Defense Available If Not Predisposed, but Not Offense of Violence; Defense Available If Not Predisposed, Even If Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, but Not for Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, Even If Crime of Violence
- Offenses against the Person and Property
- Criminalizing Risk Creation: General Reckless Endangerment Offense, Risking Catastrophe Offense, Reckless Burning Offense
- Statutory Rape: Criminal for Adult to Have Intercourse with a Partner under 16, Criminal for Adult to Have Intercourse with a Partner under 17, Criminal for Adult to Have Intercourse with a Partner under 18, Recognizing a Close-in-Age Exception, No Close-in-Age Exception Recognized
- Domestic Violence: No Martial Rape Exception, Mandatory Arrest; Limited Marital Rape Exception, Mandatory Arrest; No Marital Rape Exception, Presumptive Arrest; Limited Marital Rape Exception, Presumptive Arrest; No Marital Rape Exception, Discretionary Arrest; Limited Rape Exception, Discretionary Arrest
- Stalking and Harassment: Requires Actual Fear or Distress, Punished as a Misdemeanor; Requires Actual Fear or Distress, Punished as a Felony; Enough That Intended or Believed Would Cause Distress, Punished as a Misdemeanor; Enough That Intended or Believed Would Cause Distress, Punished as a Felony
- Child Neglect: Criminalize Only Neglect of General Health or Welfare; Also Criminalize Neglect of "Education"; Also Criminalize Neglect of "Mental" or "Emotional" Health; Also Criminalize Neglect of "Mental" or "Emotional" Health, "Education"
- Deceptive Business Practices: Criminalizes False Advertising and False Measure, Criminalizes False Advertising Only, Criminalizes False Measure Only, Civil Remedies Only
- Extortion: Offender Must Demand Property, Offender May Demand Any Act, Effect of Threat Must Be to Actually Extort, Enough That the Offender Intends to Extort
- Public Order and Decency Offenses
- Adultery: Repealed by 1995; Repealed after 1995; Current Offense, Misdemeanor; Current Offense, Felony
- Criminal Obscenity: No Obscenity Offense; Defines Obscenity as Lacks Serious Value and Prurient Interest; Defines Obscenity as Lacks Serious Value and Prurient Interest, Also Prohibits Devices; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive, Also Prohibits Devices; Obscenity Offense but Leaves Obscenity Undefined
- Child Pornography: Person Depicted Must Be under 16 Years Old, Person Depicted Must Be under 17 Years Old, Person Depicted Must Be under 18 Years Old, Possession Punished the Same as Production or Distribution
- Offenses against the Community
- Drug Offenses: Marijuana Decriminalized; Marijuana a Civil Infraction Only; Misdemeanor, Fine Only; Misdemeanor, Jail; Felony, Jail; Life Imprisonment for Serious Nonviolent Drug Offense; Life without Parole for Serious Nonviolent Drug Offense
- Firearms Possession Offenses: Domestic Abusers Prohibited, Domestic Abusers Not Prohibited, Alcohol Abusers Prohibited, Possession Prohibited by Other Specified Misdemeanors
- Predatory Pricing: No Criminalization of Either Form of Predatory Pricing, Criminalizes Sales Below Cost, Criminalizes Price Discrimination
- Organized Crime: No Organized Crime Offense, Non-RICO Organized Crime Statutes, Asset Forfeiture Only, RICO with 4 to 14 Years Maximum, RICO with 15 to 24 Years Maximum, RICO with 25 Years to Life Maximum
- Fixing Sporting Events: Criminalizes Bribery of Officials or Participants, Criminalizes Only Bribery of Participants, Does Not Criminalize Sports Bribery, Criminalizes Sports Tampering
- Procedural Issues
- Extradition: Extradition Sought for All Violent Felony Warrants, Extradition Declined for 1 to 5 Percent of Violent Felony Warrants, Extradition Declined for 6 to 10 Percent of Violent Felony Warrants, Extradition Declined for 11 to 30 Percent of Violent Felony Warrants, Extradition Declined for Greater than 30 Percent of Violent Felony Warrants
- Jurisdiction: Requires Essential Offense Element, Requires Any Offense Element, Requires Any Part of Offense, Requires Only Detrimental Effect
Connecticut
- Punishment Theory and Legality
- Distributive Principles of Criminal Law: Desert as a Distributive Principle, Deterrence as a Distributive Principle, Incapacitation as a Distributive Principle, Rehabilitation as a Correctional Policy, Deontological Desert Distributive Principles, Empirical Desert Distributive Principles, The Principle of Full Offense Proportionality, Full Offense Proportionality Plus Protecting the Blameless, A Partial Offense Proportionality Principle, Partial Offense Proportionality Plus Protecting Blameless, No Proportionality and No Protection of the Blameless
- Habitual Offender Statutes: Life Sentence Only If Offenses Were Violent Crimes, Life Sentence Only If at Least One of the Offenses Was a Specifically Enumerated Offense, Life Sentence Even Though None of Prior Offenses Were Violent Crimes
- Death Penalty: Death Penalty Unavailable, Death Penalty Available, Aggravation for Cruel or Depraved Killing, Aggravation for Killing a Child
- Legality: Offense Must Be Fully Codified; Offense Must Be Legislatively Recognized, but Not All of Its Elements Need to Be Codified; Allow Uncodified Offenses but Limit Punishment for Them; Allow Uncodified Offenses
- Homicide
- Provocation/Extreme Emotional Disturbance: Model Penal Code's Extreme Emotional Disturbance Mitigation, Common-Law Provocation: Words Alone Are Sufficient, Common-Law Provocation: Words Alone Are Sufficient Only If They Report Provocative Act, Common-Law Provocation: Words Alone Are Never Sufficient, No Provocation Mitigation
- Felony Murder: Normal Murder Requirements, Recklessness Required for Felony-Murder Liability, Negligence Required for Felony-Murder Liability, Malice Required for Felony-Murder Liability, No Culpability for Felony-Murder Liability
- Causation: Factual Causal Accountability If Sufficient Concurrent Cause, Factual Causal Accountability If Substantial Concurrent Cause, Have Adopted No Solution to the Factual Cause But-For Test Problem in Concurrent-Cause Cases, Proximate Cause as a Normative Judgment, Proximate Cause as an Apparent Factual Standard
- Liability Doctrines
- Transferred Intent: Transfer Only Intent or Knowledge, Not in Attempt Cases; Transfer All Culpability Levels, Not in Attempt Cases; Transfer Intent or Knowledge Even in Cases of Attempts; Transfer All Levels Even in Cases of Attempts
- Consent to Injury: Consent as a Defense to Even Serious Bodily Injury, Consent as a Defense to Nonserious Injury, Consent Not a Defense to Bodily Injury, Permitting Assistance of Suicide
- Mental Illness and Culpability: Mental Illness Can Negate Any Offense Element, Mental Illness Can Negate Only Specific Intent, Mental Illness Cannot Negate Any Offense Element, Abolish Insanity Defense
- Attempt: Proximity and Intent Required, Proximity Required but Permits Lesser Culpability, Substantial Step Sufficient and Intent Required, Substantial Step Sufficient and Permits Lesser Culpability
- Complicity: Complicity Requires Purpose, Natural and Probable Consequence Rule Rejected; Complicity Requires Purpose, Natural and Probable Consequence Rule Adopted; Complicity Requires Only Knowledges, Natural Probable Consequences Rule Rejected; Complicity Requires Only Knowledge, Natural Probable Consequence Rule Adopted
- Complicity Liability of Coconspirators: Adopts Pinkerton Rule, Rejects Withdrawal Defense; Adopts Pinkerton, Adopts Withdrawal Defense If Positive Steps; Adopts Pinkerton, Adopts Simple Withdrawal Defense; Rejects Pinkerton, Rejects Termination Defense to Complicity; Rejects Pinkerton, Adopts Termination Defense to Complicity
- Justification Defenses
- Lesser Evils/Necessity Defense: Lesser Evils Formulation, Imminence Not Required; Lesser Evils Formulation, Imminence Required; "No Alternative" Formulation, Imminence Not Required; "No Alternative" Formulation, Imminence Required; Lesser Evils/Necessity Defense Not Yet Recognized
- Self Defense: Authorizes Deadly Force Only against Threat of Serious Bodily Injury, Authorizes Deadly Force against Threat of Serious Bodily Injury or Enumerated Serious Felonies, Authorizes Deadly Force against Threat of Most Forcible Felonies, Authorizes Deadly Force against Threat of Any Felony
- Law Enforcement Authority: Defense Only Requires Defendant Believed Force Was Necessary, but Separate Provision Imposes Sliding-Scale Liability for Mistake; Defense Requires Defendant Reasonably Believed Force Was Necessary (Imposing All-or-Nothing Liability); Defense Requires Force Was Actually Necessary, but Provides a Separate Mistake Excuse
- Excuse Defenses
- Insanity Defense: Insanity Defense Abolished, Insanity Defense Requires Complete Loss of Understanding, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Criminality of Conduct, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Wrongfulness of Conduct, Insanity Defense If Offense Is Product of Disease, Insanity Defense Has No Control Prong, Insanity Defense If Irresistible Impulse, Insanity Defense If Substantial Impairment
- Immaturity Defense: 16 and Above, 15, 14, 13, 12, No Minimum Age
- Nonexculpatory Defenses
- Statute of Limitations: Only Murder Is Exempt from the Statute of Limitation, Statute of Limitation Does Not Apply to Any Capital Offense, Statute of Limitation Does Not Apply to Certain Enumerated Felonies, Statute of Limitation Does Not Apply to Any Felonies
- Exclusionary Rule: Exclusionary Rule Rejected, before 1914; Exclusionary Rule Rejected, after 1914; Exclusionary Rule Adopted, before 1961; Had Not Addressed Exclusionary Rule as of 1961
- Entrapment Defense: Defense Available If Not Predisposed, but Not Offense of Violence; Defense Available If Not Predisposed, Even If Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, but Not for Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, Even If Crime of Violence
- Offenses against the Person and Property
- Criminalizing Risk Creation: General Reckless Endangerment Offense, Risking Catastrophe Offense, Reckless Burning Offense
- Statutory Rape: Criminal for Adult to Have Intercourse with a Partner under 16, Criminal for Adult to Have Intercourse with a Partner under 17, Criminal for Adult to Have Intercourse with a Partner under 18, Recognizing a Close-in-Age Exception, No Close-in-Age Exception Recognized
- Domestic Violence: No Martial Rape Exception, Mandatory Arrest; Limited Marital Rape Exception, Mandatory Arrest; No Marital Rape Exception, Presumptive Arrest; Limited Marital Rape Exception, Presumptive Arrest; No Marital Rape Exception, Discretionary Arrest; Limited Rape Exception, Discretionary Arrest
- Stalking and Harassment: Requires Actual Fear or Distress, Punished as a Misdemeanor; Requires Actual Fear or Distress, Punished as a Felony; Enough That Intended or Believed Would Cause Distress, Punished as a Misdemeanor; Enough That Intended or Believed Would Cause Distress, Punished as a Felony
- Child Neglect: Criminalize Only Neglect of General Health or Welfare; Also Criminalize Neglect of "Education"; Also Criminalize Neglect of "Mental" or "Emotional" Health; Also Criminalize Neglect of "Mental" or "Emotional" Health, "Education"
- Deceptive Business Practices: Criminalizes False Advertising and False Measure, Criminalizes False Advertising Only, Criminalizes False Measure Only, Civil Remedies Only
- Extortion: Offender Must Demand Property, Offender May Demand Any Act, Effect of Threat Must Be to Actually Extort, Enough That the Offender Intends to Extort
- Public Order and Decency Offenses
- Adultery: Repealed by 1995; Repealed after 1995; Current Offense, Misdemeanor; Current Offense, Felony
- Criminal Obscenity: No Obscenity Offense; Defines Obscenity as Lacks Serious Value and Prurient Interest; Defines Obscenity as Lacks Serious Value and Prurient Interest, Also Prohibits Devices; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive, Also Prohibits Devices; Obscenity Offense but Leaves Obscenity Undefined
- Child Pornography: Person Depicted Must Be under 16 Years Old, Person Depicted Must Be under 17 Years Old, Person Depicted Must Be under 18 Years Old, Possession Punished the Same as Production or Distribution
- Offenses against the Community
- Drug Offenses: Marijuana Decriminalized; Marijuana a Civil Infraction Only; Misdemeanor, Fine Only; Misdemeanor, Jail; Felony, Jail; Life Imprisonment for Serious Nonviolent Drug Offense; Life without Parole for Serious Nonviolent Drug Offense
- Firearms Possession Offenses: Domestic Abusers Prohibited, Domestic Abusers Not Prohibited, Alcohol Abusers Prohibited, Possession Prohibited by Other Specified Misdemeanors
- Predatory Pricing: No Criminalization of Either Form of Predatory Pricing, Criminalizes Sales Below Cost, Criminalizes Price Discrimination
- Organized Crime: No Organized Crime Offense, Non-RICO Organized Crime Statutes, Asset Forfeiture Only, RICO with 4 to 14 Years Maximum, RICO with 15 to 24 Years Maximum, RICO with 25 Years to Life Maximum
- Fixing Sporting Events: Criminalizes Bribery of Officials or Participants, Criminalizes Only Bribery of Participants, Does Not Criminalize Sports Bribery, Criminalizes Sports Tampering
- Procedural Issues
- Extradition: Extradition Sought for All Violent Felony Warrants, Extradition Declined for 1 to 5 Percent of Violent Felony Warrants, Extradition Declined for 6 to 10 Percent of Violent Felony Warrants, Extradition Declined for 11 to 30 Percent of Violent Felony Warrants, Extradition Declined for Greater than 30 Percent of Violent Felony Warrants
- Jurisdiction: Requires Essential Offense Element, Requires Any Offense Element, Requires Any Part of Offense, Requires Only Detrimental Effect
Delaware
- Punishment Theory and Legality
- Distributive Principles of Criminal Law: Desert as a Distributive Principle, Deterrence as a Distributive Principle, Incapacitation as a Distributive Principle, Rehabilitation as a Correctional Policy, Deontological Desert Distributive Principles, Empirical Desert Distributive Principles, The Principle of Full Offense Proportionality, Full Offense Proportionality Plus Protecting the Blameless, A Partial Offense Proportionality Principle, Partial Offense Proportionality Plus Protecting Blameless, No Proportionality and No Protection of the Blameless
- Habitual Offender Statutes: Life Sentence Only If Offenses Were Violent Crimes, Life Sentence Only If at Least One of the Offenses Was a Specifically Enumerated Offense, Life Sentence Even Though None of Prior Offenses Were Violent Crimes
- Death Penalty: Death Penalty Unavailable, Death Penalty Available, Aggravation for Cruel or Depraved Killing, Aggravation for Killing a Child
- Legality: Offense Must Be Fully Codified; Offense Must Be Legislatively Recognized, but Not All of Its Elements Need to Be Codified; Allow Uncodified Offenses but Limit Punishment for Them; Allow Uncodified Offenses
- Homicide
- Provocation/Extreme Emotional Disturbance: Model Penal Code's Extreme Emotional Disturbance Mitigation, Common-Law Provocation: Words Alone Are Sufficient, Common-Law Provocation: Words Alone Are Sufficient Only If They Report Provocative Act, Common-Law Provocation: Words Alone Are Never Sufficient, No Provocation Mitigation
- Felony Murder: Normal Murder Requirements, Recklessness Required for Felony-Murder Liability, Negligence Required for Felony-Murder Liability, Malice Required for Felony-Murder Liability, No Culpability for Felony-Murder Liability
- Causation: Factual Causal Accountability If Sufficient Concurrent Cause, Factual Causal Accountability If Substantial Concurrent Cause, Have Adopted No Solution to the Factual Cause But-For Test Problem in Concurrent-Cause Cases, Proximate Cause as a Normative Judgment, Proximate Cause as an Apparent Factual Standard
- Liability Doctrines
- Transferred Intent: Transfer Only Intent or Knowledge, Not in Attempt Cases; Transfer All Culpability Levels, Not in Attempt Cases; Transfer Intent or Knowledge Even in Cases of Attempts; Transfer All Levels Even in Cases of Attempts
- Consent to Injury: Consent as a Defense to Even Serious Bodily Injury, Consent as a Defense to Nonserious Injury, Consent Not a Defense to Bodily Injury, Permitting Assistance of Suicide
- Mental Illness and Culpability: Mental Illness Can Negate Any Offense Element, Mental Illness Can Negate Only Specific Intent, Mental Illness Cannot Negate Any Offense Element, Abolish Insanity Defense
- Attempt: Proximity and Intent Required, Proximity Required but Permits Lesser Culpability, Substantial Step Sufficient and Intent Required, Substantial Step Sufficient and Permits Lesser Culpability
- Complicity: Complicity Requires Purpose, Natural and Probable Consequence Rule Rejected; Complicity Requires Purpose, Natural and Probable Consequence Rule Adopted; Complicity Requires Only Knowledges, Natural Probable Consequences Rule Rejected; Complicity Requires Only Knowledge, Natural Probable Consequence Rule Adopted
- Complicity Liability of Coconspirators: Adopts Pinkerton Rule, Rejects Withdrawal Defense; Adopts Pinkerton, Adopts Withdrawal Defense If Positive Steps; Adopts Pinkerton, Adopts Simple Withdrawal Defense; Rejects Pinkerton, Rejects Termination Defense to Complicity; Rejects Pinkerton, Adopts Termination Defense to Complicity
- Justification Defenses
- Lesser Evils/Necessity Defense: Lesser Evils Formulation, Imminence Not Required; Lesser Evils Formulation, Imminence Required; "No Alternative" Formulation, Imminence Not Required; "No Alternative" Formulation, Imminence Required; Lesser Evils/Necessity Defense Not Yet Recognized
- Self Defense: Authorizes Deadly Force Only against Threat of Serious Bodily Injury, Authorizes Deadly Force against Threat of Serious Bodily Injury or Enumerated Serious Felonies, Authorizes Deadly Force against Threat of Most Forcible Felonies, Authorizes Deadly Force against Threat of Any Felony
- Law Enforcement Authority: Defense Only Requires Defendant Believed Force Was Necessary, but Separate Provision Imposes Sliding-Scale Liability for Mistake; Defense Requires Defendant Reasonably Believed Force Was Necessary (Imposing All-or-Nothing Liability); Defense Requires Force Was Actually Necessary, but Provides a Separate Mistake Excuse
- Excuse Defenses
- Insanity Defense: Insanity Defense Abolished, Insanity Defense Requires Complete Loss of Understanding, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Criminality of Conduct, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Wrongfulness of Conduct, Insanity Defense If Offense Is Product of Disease, Insanity Defense Has No Control Prong, Insanity Defense If Irresistible Impulse, Insanity Defense If Substantial Impairment
- Immaturity Defense: 16 and Above, 15, 14, 13, 12, No Minimum Age
- Nonexculpatory Defenses
- Statute of Limitations: Only Murder Is Exempt from the Statute of Limitation, Statute of Limitation Does Not Apply to Any Capital Offense, Statute of Limitation Does Not Apply to Certain Enumerated Felonies, Statute of Limitation Does Not Apply to Any Felonies
- Exclusionary Rule: Exclusionary Rule Rejected, before 1914; Exclusionary Rule Rejected, after 1914; Exclusionary Rule Adopted, before 1961; Had Not Addressed Exclusionary Rule as of 1961
- Entrapment Defense: Defense Available If Not Predisposed, but Not Offense of Violence; Defense Available If Not Predisposed, Even If Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, but Not for Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, Even If Crime of Violence
- Offenses against the Person and Property
- Criminalizing Risk Creation: General Reckless Endangerment Offense, Risking Catastrophe Offense, Reckless Burning Offense
- Statutory Rape: Criminal for Adult to Have Intercourse with a Partner under 16, Criminal for Adult to Have Intercourse with a Partner under 17, Criminal for Adult to Have Intercourse with a Partner under 18, Recognizing a Close-in-Age Exception, No Close-in-Age Exception Recognized
- Domestic Violence: No Martial Rape Exception, Mandatory Arrest; Limited Marital Rape Exception, Mandatory Arrest; No Marital Rape Exception, Presumptive Arrest; Limited Marital Rape Exception, Presumptive Arrest; No Marital Rape Exception, Discretionary Arrest; Limited Rape Exception, Discretionary Arrest
- Stalking and Harassment: Requires Actual Fear or Distress, Punished as a Misdemeanor; Requires Actual Fear or Distress, Punished as a Felony; Enough That Intended or Believed Would Cause Distress, Punished as a Misdemeanor; Enough That Intended or Believed Would Cause Distress, Punished as a Felony
- Child Neglect: Criminalize Only Neglect of General Health or Welfare; Also Criminalize Neglect of "Education"; Also Criminalize Neglect of "Mental" or "Emotional" Health; Also Criminalize Neglect of "Mental" or "Emotional" Health, "Education"
- Deceptive Business Practices: Criminalizes False Advertising and False Measure, Criminalizes False Advertising Only, Criminalizes False Measure Only, Civil Remedies Only
- Extortion: Offender Must Demand Property, Offender May Demand Any Act, Effect of Threat Must Be to Actually Extort, Enough That the Offender Intends to Extort
- Public Order and Decency Offenses
- Adultery: Repealed by 1995; Repealed after 1995; Current Offense, Misdemeanor; Current Offense, Felony
- Criminal Obscenity: No Obscenity Offense; Defines Obscenity as Lacks Serious Value and Prurient Interest; Defines Obscenity as Lacks Serious Value and Prurient Interest, Also Prohibits Devices; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive, Also Prohibits Devices; Obscenity Offense but Leaves Obscenity Undefined
- Child Pornography: Person Depicted Must Be under 16 Years Old, Person Depicted Must Be under 17 Years Old, Person Depicted Must Be under 18 Years Old, Possession Punished the Same as Production or Distribution
- Offenses against the Community
- Drug Offenses: Marijuana Decriminalized; Marijuana a Civil Infraction Only; Misdemeanor, Fine Only; Misdemeanor, Jail; Felony, Jail; Life Imprisonment for Serious Nonviolent Drug Offense; Life without Parole for Serious Nonviolent Drug Offense
- Firearms Possession Offenses: Domestic Abusers Prohibited, Domestic Abusers Not Prohibited, Alcohol Abusers Prohibited, Possession Prohibited by Other Specified Misdemeanors
- Predatory Pricing: No Criminalization of Either Form of Predatory Pricing, Criminalizes Sales Below Cost, Criminalizes Price Discrimination
- Organized Crime: No Organized Crime Offense, Non-RICO Organized Crime Statutes, Asset Forfeiture Only, RICO with 4 to 14 Years Maximum, RICO with 15 to 24 Years Maximum, RICO with 25 Years to Life Maximum
- Fixing Sporting Events: Criminalizes Bribery of Officials or Participants, Criminalizes Only Bribery of Participants, Does Not Criminalize Sports Bribery, Criminalizes Sports Tampering
- Procedural Issues
- Extradition: Extradition Sought for All Violent Felony Warrants, Extradition Declined for 1 to 5 Percent of Violent Felony Warrants, Extradition Declined for 6 to 10 Percent of Violent Felony Warrants, Extradition Declined for 11 to 30 Percent of Violent Felony Warrants, Extradition Declined for Greater than 30 Percent of Violent Felony Warrants
- Jurisdiction: Requires Essential Offense Element, Requires Any Offense Element, Requires Any Part of Offense, Requires Only Detrimental Effect
District of Columbia
- Punishment Theory and Legality
- Distributive Principles of Criminal Law: Desert as a Distributive Principle, Deterrence as a Distributive Principle, Incapacitation as a Distributive Principle, Rehabilitation as a Correctional Policy, Deontological Desert Distributive Principles, Empirical Desert Distributive Principles, The Principle of Full Offense Proportionality, Full Offense Proportionality Plus Protecting the Blameless, A Partial Offense Proportionality Principle, Partial Offense Proportionality Plus Protecting Blameless, No Proportionality and No Protection of the Blameless
- Habitual Offender Statutes: Life Sentence Only If Offenses Were Violent Crimes, Life Sentence Only If at Least One of the Offenses Was a Specifically Enumerated Offense, Life Sentence Even Though None of Prior Offenses Were Violent Crimes
- Death Penalty: Death Penalty Unavailable, Death Penalty Available, Aggravation for Cruel or Depraved Killing, Aggravation for Killing a Child
- Legality: Offense Must Be Fully Codified; Offense Must Be Legislatively Recognized, but Not All of Its Elements Need to Be Codified; Allow Uncodified Offenses but Limit Punishment for Them; Allow Uncodified Offenses
- Homicide
- Provocation/Extreme Emotional Disturbance: Model Penal Code's Extreme Emotional Disturbance Mitigation, Common-Law Provocation: Words Alone Are Sufficient, Common-Law Provocation: Words Alone Are Sufficient Only If They Report Provocative Act, Common-Law Provocation: Words Alone Are Never Sufficient, No Provocation Mitigation
- Felony Murder: Normal Murder Requirements, Recklessness Required for Felony-Murder Liability, Negligence Required for Felony-Murder Liability, Malice Required for Felony-Murder Liability, No Culpability for Felony-Murder Liability
- Causation: Factual Causal Accountability If Sufficient Concurrent Cause, Factual Causal Accountability If Substantial Concurrent Cause, Have Adopted No Solution to the Factual Cause But-For Test Problem in Concurrent-Cause Cases, Proximate Cause as a Normative Judgment, Proximate Cause as an Apparent Factual Standard
- Liability Doctrines
- Transferred Intent: Transfer Only Intent or Knowledge, Not in Attempt Cases; Transfer All Culpability Levels, Not in Attempt Cases; Transfer Intent or Knowledge Even in Cases of Attempts; Transfer All Levels Even in Cases of Attempts
- Consent to Injury: Consent as a Defense to Even Serious Bodily Injury, Consent as a Defense to Nonserious Injury, Consent Not a Defense to Bodily Injury, Permitting Assistance of Suicide
- Mental Illness and Culpability: Mental Illness Can Negate Any Offense Element, Mental Illness Can Negate Only Specific Intent, Mental Illness Cannot Negate Any Offense Element, Abolish Insanity Defense
- Attempt: Proximity and Intent Required, Proximity Required but Permits Lesser Culpability, Substantial Step Sufficient and Intent Required, Substantial Step Sufficient and Permits Lesser Culpability
- Complicity: Complicity Requires Purpose, Natural and Probable Consequence Rule Rejected; Complicity Requires Purpose, Natural and Probable Consequence Rule Adopted; Complicity Requires Only Knowledges, Natural Probable Consequences Rule Rejected; Complicity Requires Only Knowledge, Natural Probable Consequence Rule Adopted
- Complicity Liability of Coconspirators: Adopts Pinkerton Rule, Rejects Withdrawal Defense; Adopts Pinkerton, Adopts Withdrawal Defense If Positive Steps; Adopts Pinkerton, Adopts Simple Withdrawal Defense; Rejects Pinkerton, Rejects Termination Defense to Complicity; Rejects Pinkerton, Adopts Termination Defense to Complicity
- Justification Defenses
- Lesser Evils/Necessity Defense: Lesser Evils Formulation, Imminence Not Required; Lesser Evils Formulation, Imminence Required; "No Alternative" Formulation, Imminence Not Required; "No Alternative" Formulation, Imminence Required; Lesser Evils/Necessity Defense Not Yet Recognized
- Self Defense: Authorizes Deadly Force Only against Threat of Serious Bodily Injury, Authorizes Deadly Force against Threat of Serious Bodily Injury or Enumerated Serious Felonies, Authorizes Deadly Force against Threat of Most Forcible Felonies, Authorizes Deadly Force against Threat of Any Felony
- Law Enforcement Authority: Defense Only Requires Defendant Believed Force Was Necessary, but Separate Provision Imposes Sliding-Scale Liability for Mistake; Defense Requires Defendant Reasonably Believed Force Was Necessary (Imposing All-or-Nothing Liability); Defense Requires Force Was Actually Necessary, but Provides a Separate Mistake Excuse
- Excuse Defenses
- Insanity Defense: Insanity Defense Abolished, Insanity Defense Requires Complete Loss of Understanding, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Criminality of Conduct, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Wrongfulness of Conduct, Insanity Defense If Offense Is Product of Disease, Insanity Defense Has No Control Prong, Insanity Defense If Irresistible Impulse, Insanity Defense If Substantial Impairment
- Immaturity Defense: 16 and Above, 15, 14, 13, 12, No Minimum Age
- Nonexculpatory Defenses
- Statute of Limitations: Only Murder Is Exempt from the Statute of Limitation, Statute of Limitation Does Not Apply to Any Capital Offense, Statute of Limitation Does Not Apply to Certain Enumerated Felonies, Statute of Limitation Does Not Apply to Any Felonies
- Exclusionary Rule: Exclusionary Rule Rejected, before 1914; Exclusionary Rule Rejected, after 1914; Exclusionary Rule Adopted, before 1961; Had Not Addressed Exclusionary Rule as of 1961
- Entrapment Defense: Defense Available If Not Predisposed, but Not Offense of Violence; Defense Available If Not Predisposed, Even If Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, but Not for Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, Even If Crime of Violence
- Offenses against the Person and Property
- Criminalizing Risk Creation: General Reckless Endangerment Offense, Risking Catastrophe Offense, Reckless Burning Offense
- Statutory Rape: Criminal for Adult to Have Intercourse with a Partner under 16, Criminal for Adult to Have Intercourse with a Partner under 17, Criminal for Adult to Have Intercourse with a Partner under 18, Recognizing a Close-in-Age Exception, No Close-in-Age Exception Recognized
- Domestic Violence: No Martial Rape Exception, Mandatory Arrest; Limited Marital Rape Exception, Mandatory Arrest; No Marital Rape Exception, Presumptive Arrest; Limited Marital Rape Exception, Presumptive Arrest; No Marital Rape Exception, Discretionary Arrest; Limited Rape Exception, Discretionary Arrest
- Stalking and Harassment: Requires Actual Fear or Distress, Punished as a Misdemeanor; Requires Actual Fear or Distress, Punished as a Felony; Enough That Intended or Believed Would Cause Distress, Punished as a Misdemeanor; Enough That Intended or Believed Would Cause Distress, Punished as a Felony
- Child Neglect: Criminalize Only Neglect of General Health or Welfare; Also Criminalize Neglect of "Education"; Also Criminalize Neglect of "Mental" or "Emotional" Health; Also Criminalize Neglect of "Mental" or "Emotional" Health, "Education"
- Deceptive Business Practices: Criminalizes False Advertising and False Measure, Criminalizes False Advertising Only, Criminalizes False Measure Only, Civil Remedies Only
- Extortion: Offender Must Demand Property, Offender May Demand Any Act, Effect of Threat Must Be to Actually Extort, Enough That the Offender Intends to Extort
- Public Order and Decency Offenses
- Adultery: Repealed by 1995; Repealed after 1995; Current Offense, Misdemeanor; Current Offense, Felony
- Criminal Obscenity: No Obscenity Offense; Defines Obscenity as Lacks Serious Value and Prurient Interest; Defines Obscenity as Lacks Serious Value and Prurient Interest, Also Prohibits Devices; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive, Also Prohibits Devices; Obscenity Offense but Leaves Obscenity Undefined
- Child Pornography: Person Depicted Must Be under 16 Years Old, Person Depicted Must Be under 17 Years Old, Person Depicted Must Be under 18 Years Old, Possession Punished the Same as Production or Distribution
- Offenses against the Community
- Drug Offenses: Marijuana Decriminalized; Marijuana a Civil Infraction Only; Misdemeanor, Fine Only; Misdemeanor, Jail; Felony, Jail; Life Imprisonment for Serious Nonviolent Drug Offense; Life without Parole for Serious Nonviolent Drug Offense
- Firearms Possession Offenses: Domestic Abusers Prohibited, Domestic Abusers Not Prohibited, Alcohol Abusers Prohibited, Possession Prohibited by Other Specified Misdemeanors
- Predatory Pricing: No Criminalization of Either Form of Predatory Pricing, Criminalizes Sales Below Cost, Criminalizes Price Discrimination
- Organized Crime: No Organized Crime Offense, Non-RICO Organized Crime Statutes, Asset Forfeiture Only, RICO with 4 to 14 Years Maximum, RICO with 15 to 24 Years Maximum, RICO with 25 Years to Life Maximum
- Fixing Sporting Events: Criminalizes Bribery of Officials or Participants, Criminalizes Only Bribery of Participants, Does Not Criminalize Sports Bribery, Criminalizes Sports Tampering
- Procedural Issues
- Extradition: Extradition Sought for All Violent Felony Warrants, Extradition Declined for 1 to 5 Percent of Violent Felony Warrants, Extradition Declined for 6 to 10 Percent of Violent Felony Warrants, Extradition Declined for 11 to 30 Percent of Violent Felony Warrants, Extradition Declined for Greater than 30 Percent of Violent Felony Warrants
- Jurisdiction: Requires Essential Offense Element, Requires Any Offense Element, Requires Any Part of Offense, Requires Only Detrimental Effect
Florida
- Punishment Theory and Legality
- Distributive Principles of Criminal Law: Desert as a Distributive Principle, Deterrence as a Distributive Principle, Incapacitation as a Distributive Principle, Rehabilitation as a Correctional Policy, Deontological Desert Distributive Principles, Empirical Desert Distributive Principles, The Principle of Full Offense Proportionality, Full Offense Proportionality Plus Protecting the Blameless, A Partial Offense Proportionality Principle, Partial Offense Proportionality Plus Protecting Blameless, No Proportionality and No Protection of the Blameless
- Habitual Offender Statutes: Life Sentence Only If Offenses Were Violent Crimes, Life Sentence Only If at Least One of the Offenses Was a Specifically Enumerated Offense, Life Sentence Even Though None of Prior Offenses Were Violent Crimes
- Death Penalty: Death Penalty Unavailable, Death Penalty Available, Aggravation for Cruel or Depraved Killing, Aggravation for Killing a Child
- Legality: Offense Must Be Fully Codified; Offense Must Be Legislatively Recognized, but Not All of Its Elements Need to Be Codified; Allow Uncodified Offenses but Limit Punishment for Them; Allow Uncodified Offenses
- Homicide
- Provocation/Extreme Emotional Disturbance: Model Penal Code's Extreme Emotional Disturbance Mitigation, Common-Law Provocation: Words Alone Are Sufficient, Common-Law Provocation: Words Alone Are Sufficient Only If They Report Provocative Act, Common-Law Provocation: Words Alone Are Never Sufficient, No Provocation Mitigation
- Felony Murder: Normal Murder Requirements, Recklessness Required for Felony-Murder Liability, Negligence Required for Felony-Murder Liability, Malice Required for Felony-Murder Liability, No Culpability for Felony-Murder Liability
- Causation: Factual Causal Accountability If Sufficient Concurrent Cause, Factual Causal Accountability If Substantial Concurrent Cause, Have Adopted No Solution to the Factual Cause But-For Test Problem in Concurrent-Cause Cases, Proximate Cause as a Normative Judgment, Proximate Cause as an Apparent Factual Standard
- Liability Doctrines
- Transferred Intent: Transfer Only Intent or Knowledge, Not in Attempt Cases; Transfer All Culpability Levels, Not in Attempt Cases; Transfer Intent or Knowledge Even in Cases of Attempts; Transfer All Levels Even in Cases of Attempts
- Consent to Injury: Consent as a Defense to Even Serious Bodily Injury, Consent as a Defense to Nonserious Injury, Consent Not a Defense to Bodily Injury, Permitting Assistance of Suicide
- Mental Illness and Culpability: Mental Illness Can Negate Any Offense Element, Mental Illness Can Negate Only Specific Intent, Mental Illness Cannot Negate Any Offense Element, Abolish Insanity Defense
- Attempt: Proximity and Intent Required, Proximity Required but Permits Lesser Culpability, Substantial Step Sufficient and Intent Required, Substantial Step Sufficient and Permits Lesser Culpability
- Complicity: Complicity Requires Purpose, Natural and Probable Consequence Rule Rejected; Complicity Requires Purpose, Natural and Probable Consequence Rule Adopted; Complicity Requires Only Knowledges, Natural Probable Consequences Rule Rejected; Complicity Requires Only Knowledge, Natural Probable Consequence Rule Adopted
- Complicity Liability of Coconspirators: Adopts Pinkerton Rule, Rejects Withdrawal Defense; Adopts Pinkerton, Adopts Withdrawal Defense If Positive Steps; Adopts Pinkerton, Adopts Simple Withdrawal Defense; Rejects Pinkerton, Rejects Termination Defense to Complicity; Rejects Pinkerton, Adopts Termination Defense to Complicity
- Justification Defenses
- Lesser Evils/Necessity Defense: Lesser Evils Formulation, Imminence Not Required; Lesser Evils Formulation, Imminence Required; "No Alternative" Formulation, Imminence Not Required; "No Alternative" Formulation, Imminence Required; Lesser Evils/Necessity Defense Not Yet Recognized
- Self Defense: Authorizes Deadly Force Only against Threat of Serious Bodily Injury, Authorizes Deadly Force against Threat of Serious Bodily Injury or Enumerated Serious Felonies, Authorizes Deadly Force against Threat of Most Forcible Felonies, Authorizes Deadly Force against Threat of Any Felony
- Law Enforcement Authority: Defense Only Requires Defendant Believed Force Was Necessary, but Separate Provision Imposes Sliding-Scale Liability for Mistake; Defense Requires Defendant Reasonably Believed Force Was Necessary (Imposing All-or-Nothing Liability); Defense Requires Force Was Actually Necessary, but Provides a Separate Mistake Excuse
- Excuse Defenses
- Insanity Defense: Insanity Defense Abolished, Insanity Defense Requires Complete Loss of Understanding, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Criminality of Conduct, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Wrongfulness of Conduct, Insanity Defense If Offense Is Product of Disease, Insanity Defense Has No Control Prong, Insanity Defense If Irresistible Impulse, Insanity Defense If Substantial Impairment
- Immaturity Defense: 16 and Above, 15, 14, 13, 12, No Minimum Age
- Nonexculpatory Defenses
- Statute of Limitations: Only Murder Is Exempt from the Statute of Limitation, Statute of Limitation Does Not Apply to Any Capital Offense, Statute of Limitation Does Not Apply to Certain Enumerated Felonies, Statute of Limitation Does Not Apply to Any Felonies
- Exclusionary Rule: Exclusionary Rule Rejected, before 1914; Exclusionary Rule Rejected, after 1914; Exclusionary Rule Adopted, before 1961; Had Not Addressed Exclusionary Rule as of 1961
- Entrapment Defense: Defense Available If Not Predisposed, but Not Offense of Violence; Defense Available If Not Predisposed, Even If Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, but Not for Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, Even If Crime of Violence
- Offenses against the Person and Property
- Criminalizing Risk Creation: General Reckless Endangerment Offense, Risking Catastrophe Offense, Reckless Burning Offense
- Statutory Rape: Criminal for Adult to Have Intercourse with a Partner under 16, Criminal for Adult to Have Intercourse with a Partner under 17, Criminal for Adult to Have Intercourse with a Partner under 18, Recognizing a Close-in-Age Exception, No Close-in-Age Exception Recognized
- Domestic Violence: No Martial Rape Exception, Mandatory Arrest; Limited Marital Rape Exception, Mandatory Arrest; No Marital Rape Exception, Presumptive Arrest; Limited Marital Rape Exception, Presumptive Arrest; No Marital Rape Exception, Discretionary Arrest; Limited Rape Exception, Discretionary Arrest
- Stalking and Harassment: Requires Actual Fear or Distress, Punished as a Misdemeanor; Requires Actual Fear or Distress, Punished as a Felony; Enough That Intended or Believed Would Cause Distress, Punished as a Misdemeanor; Enough That Intended or Believed Would Cause Distress, Punished as a Felony
- Child Neglect: Criminalize Only Neglect of General Health or Welfare; Also Criminalize Neglect of "Education"; Also Criminalize Neglect of "Mental" or "Emotional" Health; Also Criminalize Neglect of "Mental" or "Emotional" Health, "Education"
- Deceptive Business Practices: Criminalizes False Advertising and False Measure, Criminalizes False Advertising Only, Criminalizes False Measure Only, Civil Remedies Only
- Extortion: Offender Must Demand Property, Offender May Demand Any Act, Effect of Threat Must Be to Actually Extort, Enough That the Offender Intends to Extort
- Public Order and Decency Offenses
- Adultery: Repealed by 1995; Repealed after 1995; Current Offense, Misdemeanor; Current Offense, Felony
- Criminal Obscenity: No Obscenity Offense; Defines Obscenity as Lacks Serious Value and Prurient Interest; Defines Obscenity as Lacks Serious Value and Prurient Interest, Also Prohibits Devices; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive, Also Prohibits Devices; Obscenity Offense but Leaves Obscenity Undefined
- Child Pornography: Person Depicted Must Be under 16 Years Old, Person Depicted Must Be under 17 Years Old, Person Depicted Must Be under 18 Years Old, Possession Punished the Same as Production or Distribution
- Offenses against the Community
- Drug Offenses: Marijuana Decriminalized; Marijuana a Civil Infraction Only; Misdemeanor, Fine Only; Misdemeanor, Jail; Felony, Jail; Life Imprisonment for Serious Nonviolent Drug Offense; Life without Parole for Serious Nonviolent Drug Offense
- Firearms Possession Offenses: Domestic Abusers Prohibited, Domestic Abusers Not Prohibited, Alcohol Abusers Prohibited, Possession Prohibited by Other Specified Misdemeanors
- Predatory Pricing: No Criminalization of Either Form of Predatory Pricing, Criminalizes Sales Below Cost, Criminalizes Price Discrimination
- Organized Crime: No Organized Crime Offense, Non-RICO Organized Crime Statutes, Asset Forfeiture Only, RICO with 4 to 14 Years Maximum, RICO with 15 to 24 Years Maximum, RICO with 25 Years to Life Maximum
- Fixing Sporting Events: Criminalizes Bribery of Officials or Participants, Criminalizes Only Bribery of Participants, Does Not Criminalize Sports Bribery, Criminalizes Sports Tampering
- Procedural Issues
- Extradition: Extradition Sought for All Violent Felony Warrants, Extradition Declined for 1 to 5 Percent of Violent Felony Warrants, Extradition Declined for 6 to 10 Percent of Violent Felony Warrants, Extradition Declined for 11 to 30 Percent of Violent Felony Warrants, Extradition Declined for Greater than 30 Percent of Violent Felony Warrants
- Jurisdiction: Requires Essential Offense Element, Requires Any Offense Element, Requires Any Part of Offense, Requires Only Detrimental Effect
Georgia
- Punishment Theory and Legality
- Distributive Principles of Criminal Law: Desert as a Distributive Principle, Deterrence as a Distributive Principle, Incapacitation as a Distributive Principle, Rehabilitation as a Correctional Policy, Deontological Desert Distributive Principles, Empirical Desert Distributive Principles, The Principle of Full Offense Proportionality, Full Offense Proportionality Plus Protecting the Blameless, A Partial Offense Proportionality Principle, Partial Offense Proportionality Plus Protecting Blameless, No Proportionality and No Protection of the Blameless
- Habitual Offender Statutes: Life Sentence Only If Offenses Were Violent Crimes, Life Sentence Only If at Least One of the Offenses Was a Specifically Enumerated Offense, Life Sentence Even Though None of Prior Offenses Were Violent Crimes
- Death Penalty: Death Penalty Unavailable, Death Penalty Available, Aggravation for Cruel or Depraved Killing, Aggravation for Killing a Child
- Legality: Offense Must Be Fully Codified; Offense Must Be Legislatively Recognized, but Not All of Its Elements Need to Be Codified; Allow Uncodified Offenses but Limit Punishment for Them; Allow Uncodified Offenses
- Homicide
- Provocation/Extreme Emotional Disturbance: Model Penal Code's Extreme Emotional Disturbance Mitigation, Common-Law Provocation: Words Alone Are Sufficient, Common-Law Provocation: Words Alone Are Sufficient Only If They Report Provocative Act, Common-Law Provocation: Words Alone Are Never Sufficient, No Provocation Mitigation
- Felony Murder: Normal Murder Requirements, Recklessness Required for Felony-Murder Liability, Negligence Required for Felony-Murder Liability, Malice Required for Felony-Murder Liability, No Culpability for Felony-Murder Liability
- Causation: Factual Causal Accountability If Sufficient Concurrent Cause, Factual Causal Accountability If Substantial Concurrent Cause, Have Adopted No Solution to the Factual Cause But-For Test Problem in Concurrent-Cause Cases, Proximate Cause as a Normative Judgment, Proximate Cause as an Apparent Factual Standard
- Liability Doctrines
- Transferred Intent: Transfer Only Intent or Knowledge, Not in Attempt Cases; Transfer All Culpability Levels, Not in Attempt Cases; Transfer Intent or Knowledge Even in Cases of Attempts; Transfer All Levels Even in Cases of Attempts
- Consent to Injury: Consent as a Defense to Even Serious Bodily Injury, Consent as a Defense to Nonserious Injury, Consent Not a Defense to Bodily Injury, Permitting Assistance of Suicide
- Mental Illness and Culpability: Mental Illness Can Negate Any Offense Element, Mental Illness Can Negate Only Specific Intent, Mental Illness Cannot Negate Any Offense Element, Abolish Insanity Defense
- Attempt: Proximity and Intent Required, Proximity Required but Permits Lesser Culpability, Substantial Step Sufficient and Intent Required, Substantial Step Sufficient and Permits Lesser Culpability
- Complicity: Complicity Requires Purpose, Natural and Probable Consequence Rule Rejected; Complicity Requires Purpose, Natural and Probable Consequence Rule Adopted; Complicity Requires Only Knowledges, Natural Probable Consequences Rule Rejected; Complicity Requires Only Knowledge, Natural Probable Consequence Rule Adopted
- Complicity Liability of Coconspirators: Adopts Pinkerton Rule, Rejects Withdrawal Defense; Adopts Pinkerton, Adopts Withdrawal Defense If Positive Steps; Adopts Pinkerton, Adopts Simple Withdrawal Defense; Rejects Pinkerton, Rejects Termination Defense to Complicity; Rejects Pinkerton, Adopts Termination Defense to Complicity
- Justification Defenses
- Lesser Evils/Necessity Defense: Lesser Evils Formulation, Imminence Not Required; Lesser Evils Formulation, Imminence Required; "No Alternative" Formulation, Imminence Not Required; "No Alternative" Formulation, Imminence Required; Lesser Evils/Necessity Defense Not Yet Recognized
- Self Defense: Authorizes Deadly Force Only against Threat of Serious Bodily Injury, Authorizes Deadly Force against Threat of Serious Bodily Injury or Enumerated Serious Felonies, Authorizes Deadly Force against Threat of Most Forcible Felonies, Authorizes Deadly Force against Threat of Any Felony
- Law Enforcement Authority: Defense Only Requires Defendant Believed Force Was Necessary, but Separate Provision Imposes Sliding-Scale Liability for Mistake; Defense Requires Defendant Reasonably Believed Force Was Necessary (Imposing All-or-Nothing Liability); Defense Requires Force Was Actually Necessary, but Provides a Separate Mistake Excuse
- Excuse Defenses
- Insanity Defense: Insanity Defense Abolished, Insanity Defense Requires Complete Loss of Understanding, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Criminality of Conduct, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Wrongfulness of Conduct, Insanity Defense If Offense Is Product of Disease, Insanity Defense Has No Control Prong, Insanity Defense If Irresistible Impulse, Insanity Defense If Substantial Impairment
- Immaturity Defense: 16 and Above, 15, 14, 13, 12, No Minimum Age
- Nonexculpatory Defenses
- Statute of Limitations: Only Murder Is Exempt from the Statute of Limitation, Statute of Limitation Does Not Apply to Any Capital Offense, Statute of Limitation Does Not Apply to Certain Enumerated Felonies, Statute of Limitation Does Not Apply to Any Felonies
- Exclusionary Rule: Exclusionary Rule Rejected, before 1914; Exclusionary Rule Rejected, after 1914; Exclusionary Rule Adopted, before 1961; Had Not Addressed Exclusionary Rule as of 1961
- Entrapment Defense: Defense Available If Not Predisposed, but Not Offense of Violence; Defense Available If Not Predisposed, Even If Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, but Not for Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, Even If Crime of Violence
- Offenses against the Person and Property
- Criminalizing Risk Creation: General Reckless Endangerment Offense, Risking Catastrophe Offense, Reckless Burning Offense
- Statutory Rape: Criminal for Adult to Have Intercourse with a Partner under 16, Criminal for Adult to Have Intercourse with a Partner under 17, Criminal for Adult to Have Intercourse with a Partner under 18, Recognizing a Close-in-Age Exception, No Close-in-Age Exception Recognized
- Domestic Violence: No Martial Rape Exception, Mandatory Arrest; Limited Marital Rape Exception, Mandatory Arrest; No Marital Rape Exception, Presumptive Arrest; Limited Marital Rape Exception, Presumptive Arrest; No Marital Rape Exception, Discretionary Arrest; Limited Rape Exception, Discretionary Arrest
- Stalking and Harassment: Requires Actual Fear or Distress, Punished as a Misdemeanor; Requires Actual Fear or Distress, Punished as a Felony; Enough That Intended or Believed Would Cause Distress, Punished as a Misdemeanor; Enough That Intended or Believed Would Cause Distress, Punished as a Felony
- Child Neglect: Criminalize Only Neglect of General Health or Welfare; Also Criminalize Neglect of "Education"; Also Criminalize Neglect of "Mental" or "Emotional" Health; Also Criminalize Neglect of "Mental" or "Emotional" Health, "Education"
- Deceptive Business Practices: Criminalizes False Advertising and False Measure, Criminalizes False Advertising Only, Criminalizes False Measure Only, Civil Remedies Only
- Extortion: Offender Must Demand Property, Offender May Demand Any Act, Effect of Threat Must Be to Actually Extort, Enough That the Offender Intends to Extort
- Public Order and Decency Offenses
- Adultery: Repealed by 1995; Repealed after 1995; Current Offense, Misdemeanor; Current Offense, Felony
- Criminal Obscenity: No Obscenity Offense; Defines Obscenity as Lacks Serious Value and Prurient Interest; Defines Obscenity as Lacks Serious Value and Prurient Interest, Also Prohibits Devices; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive, Also Prohibits Devices; Obscenity Offense but Leaves Obscenity Undefined
- Child Pornography: Person Depicted Must Be under 16 Years Old, Person Depicted Must Be under 17 Years Old, Person Depicted Must Be under 18 Years Old, Possession Punished the Same as Production or Distribution
- Offenses against the Community
- Drug Offenses: Marijuana Decriminalized; Marijuana a Civil Infraction Only; Misdemeanor, Fine Only; Misdemeanor, Jail; Felony, Jail; Life Imprisonment for Serious Nonviolent Drug Offense; Life without Parole for Serious Nonviolent Drug Offense
- Firearms Possession Offenses: Domestic Abusers Prohibited, Domestic Abusers Not Prohibited, Alcohol Abusers Prohibited, Possession Prohibited by Other Specified Misdemeanors
- Predatory Pricing: No Criminalization of Either Form of Predatory Pricing, Criminalizes Sales Below Cost, Criminalizes Price Discrimination
- Organized Crime: No Organized Crime Offense, Non-RICO Organized Crime Statutes, Asset Forfeiture Only, RICO with 4 to 14 Years Maximum, RICO with 15 to 24 Years Maximum, RICO with 25 Years to Life Maximum
- Fixing Sporting Events: Criminalizes Bribery of Officials or Participants, Criminalizes Only Bribery of Participants, Does Not Criminalize Sports Bribery, Criminalizes Sports Tampering
- Procedural Issues
- Extradition: Extradition Sought for All Violent Felony Warrants, Extradition Declined for 1 to 5 Percent of Violent Felony Warrants, Extradition Declined for 6 to 10 Percent of Violent Felony Warrants, Extradition Declined for 11 to 30 Percent of Violent Felony Warrants, Extradition Declined for Greater than 30 Percent of Violent Felony Warrants
- Jurisdiction: Requires Essential Offense Element, Requires Any Offense Element, Requires Any Part of Offense, Requires Only Detrimental Effect
Hawaii
- Punishment Theory and Legality
- Distributive Principles of Criminal Law: Desert as a Distributive Principle, Deterrence as a Distributive Principle, Incapacitation as a Distributive Principle, Rehabilitation as a Correctional Policy, Deontological Desert Distributive Principles, Empirical Desert Distributive Principles, The Principle of Full Offense Proportionality, Full Offense Proportionality Plus Protecting the Blameless, A Partial Offense Proportionality Principle, Partial Offense Proportionality Plus Protecting Blameless, No Proportionality and No Protection of the Blameless
- Habitual Offender Statutes: Life Sentence Only If Offenses Were Violent Crimes, Life Sentence Only If at Least One of the Offenses Was a Specifically Enumerated Offense, Life Sentence Even Though None of Prior Offenses Were Violent Crimes
- Death Penalty: Death Penalty Unavailable, Death Penalty Available, Aggravation for Cruel or Depraved Killing, Aggravation for Killing a Child
- Legality: Offense Must Be Fully Codified; Offense Must Be Legislatively Recognized, but Not All of Its Elements Need to Be Codified; Allow Uncodified Offenses but Limit Punishment for Them; Allow Uncodified Offenses
- Homicide
- Provocation/Extreme Emotional Disturbance: Model Penal Code's Extreme Emotional Disturbance Mitigation, Common-Law Provocation: Words Alone Are Sufficient, Common-Law Provocation: Words Alone Are Sufficient Only If They Report Provocative Act, Common-Law Provocation: Words Alone Are Never Sufficient, No Provocation Mitigation
- Felony Murder: Normal Murder Requirements, Recklessness Required for Felony-Murder Liability, Negligence Required for Felony-Murder Liability, Malice Required for Felony-Murder Liability, No Culpability for Felony-Murder Liability
- Causation: Factual Causal Accountability If Sufficient Concurrent Cause, Factual Causal Accountability If Substantial Concurrent Cause, Have Adopted No Solution to the Factual Cause But-For Test Problem in Concurrent-Cause Cases, Proximate Cause as a Normative Judgment, Proximate Cause as an Apparent Factual Standard
- Liability Doctrines
- Transferred Intent: Transfer Only Intent or Knowledge, Not in Attempt Cases; Transfer All Culpability Levels, Not in Attempt Cases; Transfer Intent or Knowledge Even in Cases of Attempts; Transfer All Levels Even in Cases of Attempts
- Consent to Injury: Consent as a Defense to Even Serious Bodily Injury, Consent as a Defense to Nonserious Injury, Consent Not a Defense to Bodily Injury, Permitting Assistance of Suicide
- Mental Illness and Culpability: Mental Illness Can Negate Any Offense Element, Mental Illness Can Negate Only Specific Intent, Mental Illness Cannot Negate Any Offense Element, Abolish Insanity Defense
- Attempt: Proximity and Intent Required, Proximity Required but Permits Lesser Culpability, Substantial Step Sufficient and Intent Required, Substantial Step Sufficient and Permits Lesser Culpability
- Complicity: Complicity Requires Purpose, Natural and Probable Consequence Rule Rejected; Complicity Requires Purpose, Natural and Probable Consequence Rule Adopted; Complicity Requires Only Knowledges, Natural Probable Consequences Rule Rejected; Complicity Requires Only Knowledge, Natural Probable Consequence Rule Adopted
- Complicity Liability of Coconspirators: Adopts Pinkerton Rule, Rejects Withdrawal Defense; Adopts Pinkerton, Adopts Withdrawal Defense If Positive Steps; Adopts Pinkerton, Adopts Simple Withdrawal Defense; Rejects Pinkerton, Rejects Termination Defense to Complicity; Rejects Pinkerton, Adopts Termination Defense to Complicity
- Justification Defenses
- Lesser Evils/Necessity Defense: Lesser Evils Formulation, Imminence Not Required; Lesser Evils Formulation, Imminence Required; "No Alternative" Formulation, Imminence Not Required; "No Alternative" Formulation, Imminence Required; Lesser Evils/Necessity Defense Not Yet Recognized
- Self Defense: Authorizes Deadly Force Only against Threat of Serious Bodily Injury, Authorizes Deadly Force against Threat of Serious Bodily Injury or Enumerated Serious Felonies, Authorizes Deadly Force against Threat of Most Forcible Felonies, Authorizes Deadly Force against Threat of Any Felony
- Law Enforcement Authority: Defense Only Requires Defendant Believed Force Was Necessary, but Separate Provision Imposes Sliding-Scale Liability for Mistake; Defense Requires Defendant Reasonably Believed Force Was Necessary (Imposing All-or-Nothing Liability); Defense Requires Force Was Actually Necessary, but Provides a Separate Mistake Excuse
- Excuse Defenses
- Insanity Defense: Insanity Defense Abolished, Insanity Defense Requires Complete Loss of Understanding, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Criminality of Conduct, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Wrongfulness of Conduct, Insanity Defense If Offense Is Product of Disease, Insanity Defense Has No Control Prong, Insanity Defense If Irresistible Impulse, Insanity Defense If Substantial Impairment
- Immaturity Defense: 16 and Above, 15, 14, 13, 12, No Minimum Age
- Nonexculpatory Defenses
- Statute of Limitations: Only Murder Is Exempt from the Statute of Limitation, Statute of Limitation Does Not Apply to Any Capital Offense, Statute of Limitation Does Not Apply to Certain Enumerated Felonies, Statute of Limitation Does Not Apply to Any Felonies
- Exclusionary Rule: Exclusionary Rule Rejected, before 1914; Exclusionary Rule Rejected, after 1914; Exclusionary Rule Adopted, before 1961; Had Not Addressed Exclusionary Rule as of 1961
- Entrapment Defense: Defense Available If Not Predisposed, but Not Offense of Violence; Defense Available If Not Predisposed, Even If Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, but Not for Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, Even If Crime of Violence
- Offenses against the Person and Property
- Criminalizing Risk Creation: General Reckless Endangerment Offense, Risking Catastrophe Offense, Reckless Burning Offense
- Statutory Rape: Criminal for Adult to Have Intercourse with a Partner under 16, Criminal for Adult to Have Intercourse with a Partner under 17, Criminal for Adult to Have Intercourse with a Partner under 18, Recognizing a Close-in-Age Exception, No Close-in-Age Exception Recognized
- Domestic Violence: No Martial Rape Exception, Mandatory Arrest; Limited Marital Rape Exception, Mandatory Arrest; No Marital Rape Exception, Presumptive Arrest; Limited Marital Rape Exception, Presumptive Arrest; No Marital Rape Exception, Discretionary Arrest; Limited Rape Exception, Discretionary Arrest
- Stalking and Harassment: Requires Actual Fear or Distress, Punished as a Misdemeanor; Requires Actual Fear or Distress, Punished as a Felony; Enough That Intended or Believed Would Cause Distress, Punished as a Misdemeanor; Enough That Intended or Believed Would Cause Distress, Punished as a Felony
- Child Neglect: Criminalize Only Neglect of General Health or Welfare; Also Criminalize Neglect of "Education"; Also Criminalize Neglect of "Mental" or "Emotional" Health; Also Criminalize Neglect of "Mental" or "Emotional" Health, "Education"
- Deceptive Business Practices: Criminalizes False Advertising and False Measure, Criminalizes False Advertising Only, Criminalizes False Measure Only, Civil Remedies Only
- Extortion: Offender Must Demand Property, Offender May Demand Any Act, Effect of Threat Must Be to Actually Extort, Enough That the Offender Intends to Extort
- Public Order and Decency Offenses
- Adultery: Repealed by 1995; Repealed after 1995; Current Offense, Misdemeanor; Current Offense, Felony
- Criminal Obscenity: No Obscenity Offense; Defines Obscenity as Lacks Serious Value and Prurient Interest; Defines Obscenity as Lacks Serious Value and Prurient Interest, Also Prohibits Devices; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive, Also Prohibits Devices; Obscenity Offense but Leaves Obscenity Undefined
- Child Pornography: Person Depicted Must Be under 16 Years Old, Person Depicted Must Be under 17 Years Old, Person Depicted Must Be under 18 Years Old, Possession Punished the Same as Production or Distribution
- Offenses against the Community
- Drug Offenses: Marijuana Decriminalized; Marijuana a Civil Infraction Only; Misdemeanor, Fine Only; Misdemeanor, Jail; Felony, Jail; Life Imprisonment for Serious Nonviolent Drug Offense; Life without Parole for Serious Nonviolent Drug Offense
- Firearms Possession Offenses: Domestic Abusers Prohibited, Domestic Abusers Not Prohibited, Alcohol Abusers Prohibited, Possession Prohibited by Other Specified Misdemeanors
- Predatory Pricing: No Criminalization of Either Form of Predatory Pricing, Criminalizes Sales Below Cost, Criminalizes Price Discrimination
- Organized Crime: No Organized Crime Offense, Non-RICO Organized Crime Statutes, Asset Forfeiture Only, RICO with 4 to 14 Years Maximum, RICO with 15 to 24 Years Maximum, RICO with 25 Years to Life Maximum
- Fixing Sporting Events: Criminalizes Bribery of Officials or Participants, Criminalizes Only Bribery of Participants, Does Not Criminalize Sports Bribery, Criminalizes Sports Tampering
- Procedural Issues
- Extradition: Extradition Sought for All Violent Felony Warrants, Extradition Declined for 1 to 5 Percent of Violent Felony Warrants, Extradition Declined for 6 to 10 Percent of Violent Felony Warrants, Extradition Declined for 11 to 30 Percent of Violent Felony Warrants, Extradition Declined for Greater than 30 Percent of Violent Felony Warrants
- Jurisdiction: Requires Essential Offense Element, Requires Any Offense Element, Requires Any Part of Offense, Requires Only Detrimental Effect
Idaho
- Punishment Theory and Legality
- Distributive Principles of Criminal Law: Desert as a Distributive Principle, Deterrence as a Distributive Principle, Incapacitation as a Distributive Principle, Rehabilitation as a Correctional Policy, Deontological Desert Distributive Principles, Empirical Desert Distributive Principles, The Principle of Full Offense Proportionality, Full Offense Proportionality Plus Protecting the Blameless, A Partial Offense Proportionality Principle, Partial Offense Proportionality Plus Protecting Blameless, No Proportionality and No Protection of the Blameless
- Habitual Offender Statutes: Life Sentence Only If Offenses Were Violent Crimes, Life Sentence Only If at Least One of the Offenses Was a Specifically Enumerated Offense, Life Sentence Even Though None of Prior Offenses Were Violent Crimes
- Death Penalty: Death Penalty Unavailable, Death Penalty Available, Aggravation for Cruel or Depraved Killing, Aggravation for Killing a Child
- Legality: Offense Must Be Fully Codified; Offense Must Be Legislatively Recognized, but Not All of Its Elements Need to Be Codified; Allow Uncodified Offenses but Limit Punishment for Them; Allow Uncodified Offenses
- Homicide
- Provocation/Extreme Emotional Disturbance: Model Penal Code's Extreme Emotional Disturbance Mitigation, Common-Law Provocation: Words Alone Are Sufficient, Common-Law Provocation: Words Alone Are Sufficient Only If They Report Provocative Act, Common-Law Provocation: Words Alone Are Never Sufficient, No Provocation Mitigation
- Felony Murder: Normal Murder Requirements, Recklessness Required for Felony-Murder Liability, Negligence Required for Felony-Murder Liability, Malice Required for Felony-Murder Liability, No Culpability for Felony-Murder Liability
- Causation: Factual Causal Accountability If Sufficient Concurrent Cause, Factual Causal Accountability If Substantial Concurrent Cause, Have Adopted No Solution to the Factual Cause But-For Test Problem in Concurrent-Cause Cases, Proximate Cause as a Normative Judgment, Proximate Cause as an Apparent Factual Standard
- Liability Doctrines
- Transferred Intent: Transfer Only Intent or Knowledge, Not in Attempt Cases; Transfer All Culpability Levels, Not in Attempt Cases; Transfer Intent or Knowledge Even in Cases of Attempts; Transfer All Levels Even in Cases of Attempts
- Consent to Injury: Consent as a Defense to Even Serious Bodily Injury, Consent as a Defense to Nonserious Injury, Consent Not a Defense to Bodily Injury, Permitting Assistance of Suicide
- Mental Illness and Culpability: Mental Illness Can Negate Any Offense Element, Mental Illness Can Negate Only Specific Intent, Mental Illness Cannot Negate Any Offense Element, Abolish Insanity Defense
- Attempt: Proximity and Intent Required, Proximity Required but Permits Lesser Culpability, Substantial Step Sufficient and Intent Required, Substantial Step Sufficient and Permits Lesser Culpability
- Complicity: Complicity Requires Purpose, Natural and Probable Consequence Rule Rejected; Complicity Requires Purpose, Natural and Probable Consequence Rule Adopted; Complicity Requires Only Knowledges, Natural Probable Consequences Rule Rejected; Complicity Requires Only Knowledge, Natural Probable Consequence Rule Adopted
- Complicity Liability of Coconspirators: Adopts Pinkerton Rule, Rejects Withdrawal Defense; Adopts Pinkerton, Adopts Withdrawal Defense If Positive Steps; Adopts Pinkerton, Adopts Simple Withdrawal Defense; Rejects Pinkerton, Rejects Termination Defense to Complicity; Rejects Pinkerton, Adopts Termination Defense to Complicity
- Justification Defenses
- Lesser Evils/Necessity Defense: Lesser Evils Formulation, Imminence Not Required; Lesser Evils Formulation, Imminence Required; "No Alternative" Formulation, Imminence Not Required; "No Alternative" Formulation, Imminence Required; Lesser Evils/Necessity Defense Not Yet Recognized
- Self Defense: Authorizes Deadly Force Only against Threat of Serious Bodily Injury, Authorizes Deadly Force against Threat of Serious Bodily Injury or Enumerated Serious Felonies, Authorizes Deadly Force against Threat of Most Forcible Felonies, Authorizes Deadly Force against Threat of Any Felony
- Law Enforcement Authority: Defense Only Requires Defendant Believed Force Was Necessary, but Separate Provision Imposes Sliding-Scale Liability for Mistake; Defense Requires Defendant Reasonably Believed Force Was Necessary (Imposing All-or-Nothing Liability); Defense Requires Force Was Actually Necessary, but Provides a Separate Mistake Excuse
- Excuse Defenses
- Insanity Defense: Insanity Defense Abolished, Insanity Defense Requires Complete Loss of Understanding, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Criminality of Conduct, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Wrongfulness of Conduct, Insanity Defense If Offense Is Product of Disease, Insanity Defense Has No Control Prong, Insanity Defense If Irresistible Impulse, Insanity Defense If Substantial Impairment
- Immaturity Defense: 16 and Above, 15, 14, 13, 12, No Minimum Age
- Nonexculpatory Defenses
- Statute of Limitations: Only Murder Is Exempt from the Statute of Limitation, Statute of Limitation Does Not Apply to Any Capital Offense, Statute of Limitation Does Not Apply to Certain Enumerated Felonies, Statute of Limitation Does Not Apply to Any Felonies
- Exclusionary Rule: Exclusionary Rule Rejected, before 1914; Exclusionary Rule Rejected, after 1914; Exclusionary Rule Adopted, before 1961; Had Not Addressed Exclusionary Rule as of 1961
- Entrapment Defense: Defense Available If Not Predisposed, but Not Offense of Violence; Defense Available If Not Predisposed, Even If Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, but Not for Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, Even If Crime of Violence
- Offenses against the Person and Property
- Criminalizing Risk Creation: General Reckless Endangerment Offense, Risking Catastrophe Offense, Reckless Burning Offense
- Statutory Rape: Criminal for Adult to Have Intercourse with a Partner under 16, Criminal for Adult to Have Intercourse with a Partner under 17, Criminal for Adult to Have Intercourse with a Partner under 18, Recognizing a Close-in-Age Exception, No Close-in-Age Exception Recognized
- Domestic Violence: No Martial Rape Exception, Mandatory Arrest; Limited Marital Rape Exception, Mandatory Arrest; No Marital Rape Exception, Presumptive Arrest; Limited Marital Rape Exception, Presumptive Arrest; No Marital Rape Exception, Discretionary Arrest; Limited Rape Exception, Discretionary Arrest
- Stalking and Harassment: Requires Actual Fear or Distress, Punished as a Misdemeanor; Requires Actual Fear or Distress, Punished as a Felony; Enough That Intended or Believed Would Cause Distress, Punished as a Misdemeanor; Enough That Intended or Believed Would Cause Distress, Punished as a Felony
- Child Neglect: Criminalize Only Neglect of General Health or Welfare; Also Criminalize Neglect of "Education"; Also Criminalize Neglect of "Mental" or "Emotional" Health; Also Criminalize Neglect of "Mental" or "Emotional" Health, "Education"
- Deceptive Business Practices: Criminalizes False Advertising and False Measure, Criminalizes False Advertising Only, Criminalizes False Measure Only, Civil Remedies Only
- Extortion: Offender Must Demand Property, Offender May Demand Any Act, Effect of Threat Must Be to Actually Extort, Enough That the Offender Intends to Extort
- Public Order and Decency Offenses
- Adultery: Repealed by 1995; Repealed after 1995; Current Offense, Misdemeanor; Current Offense, Felony
- Criminal Obscenity: No Obscenity Offense; Defines Obscenity as Lacks Serious Value and Prurient Interest; Defines Obscenity as Lacks Serious Value and Prurient Interest, Also Prohibits Devices; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive, Also Prohibits Devices; Obscenity Offense but Leaves Obscenity Undefined
- Child Pornography: Person Depicted Must Be under 16 Years Old, Person Depicted Must Be under 17 Years Old, Person Depicted Must Be under 18 Years Old, Possession Punished the Same as Production or Distribution
- Offenses against the Community
- Drug Offenses: Marijuana Decriminalized; Marijuana a Civil Infraction Only; Misdemeanor, Fine Only; Misdemeanor, Jail; Felony, Jail; Life Imprisonment for Serious Nonviolent Drug Offense; Life without Parole for Serious Nonviolent Drug Offense
- Firearms Possession Offenses: Domestic Abusers Prohibited, Domestic Abusers Not Prohibited, Alcohol Abusers Prohibited, Possession Prohibited by Other Specified Misdemeanors
- Predatory Pricing: No Criminalization of Either Form of Predatory Pricing, Criminalizes Sales Below Cost, Criminalizes Price Discrimination
- Organized Crime: No Organized Crime Offense, Non-RICO Organized Crime Statutes, Asset Forfeiture Only, RICO with 4 to 14 Years Maximum, RICO with 15 to 24 Years Maximum, RICO with 25 Years to Life Maximum
- Fixing Sporting Events: Criminalizes Bribery of Officials or Participants, Criminalizes Only Bribery of Participants, Does Not Criminalize Sports Bribery, Criminalizes Sports Tampering
- Procedural Issues
- Extradition: Extradition Sought for All Violent Felony Warrants, Extradition Declined for 1 to 5 Percent of Violent Felony Warrants, Extradition Declined for 6 to 10 Percent of Violent Felony Warrants, Extradition Declined for 11 to 30 Percent of Violent Felony Warrants, Extradition Declined for Greater than 30 Percent of Violent Felony Warrants
- Jurisdiction: Requires Essential Offense Element, Requires Any Offense Element, Requires Any Part of Offense, Requires Only Detrimental Effect
Illinois
- Punishment Theory and Legality
- Distributive Principles of Criminal Law: Desert as a Distributive Principle, Deterrence as a Distributive Principle, Incapacitation as a Distributive Principle, Rehabilitation as a Correctional Policy, Deontological Desert Distributive Principles, Empirical Desert Distributive Principles, The Principle of Full Offense Proportionality, Full Offense Proportionality Plus Protecting the Blameless, A Partial Offense Proportionality Principle, Partial Offense Proportionality Plus Protecting Blameless, No Proportionality and No Protection of the Blameless
- Habitual Offender Statutes: Life Sentence Only If Offenses Were Violent Crimes, Life Sentence Only If at Least One of the Offenses Was a Specifically Enumerated Offense, Life Sentence Even Though None of Prior Offenses Were Violent Crimes
- Death Penalty: Death Penalty Unavailable, Death Penalty Available, Aggravation for Cruel or Depraved Killing, Aggravation for Killing a Child
- Legality: Offense Must Be Fully Codified; Offense Must Be Legislatively Recognized, but Not All of Its Elements Need to Be Codified; Allow Uncodified Offenses but Limit Punishment for Them; Allow Uncodified Offenses
- Homicide
- Provocation/Extreme Emotional Disturbance: Model Penal Code's Extreme Emotional Disturbance Mitigation, Common-Law Provocation: Words Alone Are Sufficient, Common-Law Provocation: Words Alone Are Sufficient Only If They Report Provocative Act, Common-Law Provocation: Words Alone Are Never Sufficient, No Provocation Mitigation
- Felony Murder: Normal Murder Requirements, Recklessness Required for Felony-Murder Liability, Negligence Required for Felony-Murder Liability, Malice Required for Felony-Murder Liability, No Culpability for Felony-Murder Liability
- Causation: Factual Causal Accountability If Sufficient Concurrent Cause, Factual Causal Accountability If Substantial Concurrent Cause, Have Adopted No Solution to the Factual Cause But-For Test Problem in Concurrent-Cause Cases, Proximate Cause as a Normative Judgment, Proximate Cause as an Apparent Factual Standard
- Liability Doctrines
- Transferred Intent: Transfer Only Intent or Knowledge, Not in Attempt Cases; Transfer All Culpability Levels, Not in Attempt Cases; Transfer Intent or Knowledge Even in Cases of Attempts; Transfer All Levels Even in Cases of Attempts
- Consent to Injury: Consent as a Defense to Even Serious Bodily Injury, Consent as a Defense to Nonserious Injury, Consent Not a Defense to Bodily Injury, Permitting Assistance of Suicide
- Mental Illness and Culpability: Mental Illness Can Negate Any Offense Element, Mental Illness Can Negate Only Specific Intent, Mental Illness Cannot Negate Any Offense Element, Abolish Insanity Defense
- Attempt: Proximity and Intent Required, Proximity Required but Permits Lesser Culpability, Substantial Step Sufficient and Intent Required, Substantial Step Sufficient and Permits Lesser Culpability
- Complicity: Complicity Requires Purpose, Natural and Probable Consequence Rule Rejected; Complicity Requires Purpose, Natural and Probable Consequence Rule Adopted; Complicity Requires Only Knowledges, Natural Probable Consequences Rule Rejected; Complicity Requires Only Knowledge, Natural Probable Consequence Rule Adopted
- Complicity Liability of Coconspirators: Adopts Pinkerton Rule, Rejects Withdrawal Defense; Adopts Pinkerton, Adopts Withdrawal Defense If Positive Steps; Adopts Pinkerton, Adopts Simple Withdrawal Defense; Rejects Pinkerton, Rejects Termination Defense to Complicity; Rejects Pinkerton, Adopts Termination Defense to Complicity
- Justification Defenses
- Lesser Evils/Necessity Defense: Lesser Evils Formulation, Imminence Not Required; Lesser Evils Formulation, Imminence Required; "No Alternative" Formulation, Imminence Not Required; "No Alternative" Formulation, Imminence Required; Lesser Evils/Necessity Defense Not Yet Recognized
- Self Defense: Authorizes Deadly Force Only against Threat of Serious Bodily Injury, Authorizes Deadly Force against Threat of Serious Bodily Injury or Enumerated Serious Felonies, Authorizes Deadly Force against Threat of Most Forcible Felonies, Authorizes Deadly Force against Threat of Any Felony
- Law Enforcement Authority: Defense Only Requires Defendant Believed Force Was Necessary, but Separate Provision Imposes Sliding-Scale Liability for Mistake; Defense Requires Defendant Reasonably Believed Force Was Necessary (Imposing All-or-Nothing Liability); Defense Requires Force Was Actually Necessary, but Provides a Separate Mistake Excuse
- Excuse Defenses
- Insanity Defense: Insanity Defense Abolished, Insanity Defense Requires Complete Loss of Understanding, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Criminality of Conduct, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Wrongfulness of Conduct, Insanity Defense If Offense Is Product of Disease, Insanity Defense Has No Control Prong, Insanity Defense If Irresistible Impulse, Insanity Defense If Substantial Impairment
- Immaturity Defense: 16 and Above, 15, 14, 13, 12, No Minimum Age
- Nonexculpatory Defenses
- Statute of Limitations: Only Murder Is Exempt from the Statute of Limitation, Statute of Limitation Does Not Apply to Any Capital Offense, Statute of Limitation Does Not Apply to Certain Enumerated Felonies, Statute of Limitation Does Not Apply to Any Felonies
- Exclusionary Rule: Exclusionary Rule Rejected, before 1914; Exclusionary Rule Rejected, after 1914; Exclusionary Rule Adopted, before 1961; Had Not Addressed Exclusionary Rule as of 1961
- Entrapment Defense: Defense Available If Not Predisposed, but Not Offense of Violence; Defense Available If Not Predisposed, Even If Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, but Not for Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, Even If Crime of Violence
- Offenses against the Person and Property
- Criminalizing Risk Creation: General Reckless Endangerment Offense, Risking Catastrophe Offense, Reckless Burning Offense
- Statutory Rape: Criminal for Adult to Have Intercourse with a Partner under 16, Criminal for Adult to Have Intercourse with a Partner under 17, Criminal for Adult to Have Intercourse with a Partner under 18, Recognizing a Close-in-Age Exception, No Close-in-Age Exception Recognized
- Domestic Violence: No Martial Rape Exception, Mandatory Arrest; Limited Marital Rape Exception, Mandatory Arrest; No Marital Rape Exception, Presumptive Arrest; Limited Marital Rape Exception, Presumptive Arrest; No Marital Rape Exception, Discretionary Arrest; Limited Rape Exception, Discretionary Arrest
- Stalking and Harassment: Requires Actual Fear or Distress, Punished as a Misdemeanor; Requires Actual Fear or Distress, Punished as a Felony; Enough That Intended or Believed Would Cause Distress, Punished as a Misdemeanor; Enough That Intended or Believed Would Cause Distress, Punished as a Felony
- Child Neglect: Criminalize Only Neglect of General Health or Welfare; Also Criminalize Neglect of "Education"; Also Criminalize Neglect of "Mental" or "Emotional" Health; Also Criminalize Neglect of "Mental" or "Emotional" Health, "Education"
- Deceptive Business Practices: Criminalizes False Advertising and False Measure, Criminalizes False Advertising Only, Criminalizes False Measure Only, Civil Remedies Only
- Extortion: Offender Must Demand Property, Offender May Demand Any Act, Effect of Threat Must Be to Actually Extort, Enough That the Offender Intends to Extort
- Public Order and Decency Offenses
- Adultery: Repealed by 1995; Repealed after 1995; Current Offense, Misdemeanor; Current Offense, Felony
- Criminal Obscenity: No Obscenity Offense; Defines Obscenity as Lacks Serious Value and Prurient Interest; Defines Obscenity as Lacks Serious Value and Prurient Interest, Also Prohibits Devices; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive, Also Prohibits Devices; Obscenity Offense but Leaves Obscenity Undefined
- Child Pornography: Person Depicted Must Be under 16 Years Old, Person Depicted Must Be under 17 Years Old, Person Depicted Must Be under 18 Years Old, Possession Punished the Same as Production or Distribution
- Offenses against the Community
- Drug Offenses: Marijuana Decriminalized; Marijuana a Civil Infraction Only; Misdemeanor, Fine Only; Misdemeanor, Jail; Felony, Jail; Life Imprisonment for Serious Nonviolent Drug Offense; Life without Parole for Serious Nonviolent Drug Offense
- Firearms Possession Offenses: Domestic Abusers Prohibited, Domestic Abusers Not Prohibited, Alcohol Abusers Prohibited, Possession Prohibited by Other Specified Misdemeanors
- Predatory Pricing: No Criminalization of Either Form of Predatory Pricing, Criminalizes Sales Below Cost, Criminalizes Price Discrimination
- Organized Crime: No Organized Crime Offense, Non-RICO Organized Crime Statutes, Asset Forfeiture Only, RICO with 4 to 14 Years Maximum, RICO with 15 to 24 Years Maximum, RICO with 25 Years to Life Maximum
- Fixing Sporting Events: Criminalizes Bribery of Officials or Participants, Criminalizes Only Bribery of Participants, Does Not Criminalize Sports Bribery, Criminalizes Sports Tampering
- Procedural Issues
- Extradition: Extradition Sought for All Violent Felony Warrants, Extradition Declined for 1 to 5 Percent of Violent Felony Warrants, Extradition Declined for 6 to 10 Percent of Violent Felony Warrants, Extradition Declined for 11 to 30 Percent of Violent Felony Warrants, Extradition Declined for Greater than 30 Percent of Violent Felony Warrants
- Jurisdiction: Requires Essential Offense Element, Requires Any Offense Element, Requires Any Part of Offense, Requires Only Detrimental Effect
Indiana
- Punishment Theory and Legality
- Distributive Principles of Criminal Law: Desert as a Distributive Principle, Deterrence as a Distributive Principle, Incapacitation as a Distributive Principle, Rehabilitation as a Correctional Policy, Deontological Desert Distributive Principles, Empirical Desert Distributive Principles, The Principle of Full Offense Proportionality, Full Offense Proportionality Plus Protecting the Blameless, A Partial Offense Proportionality Principle, Partial Offense Proportionality Plus Protecting Blameless, No Proportionality and No Protection of the Blameless
- Habitual Offender Statutes: Life Sentence Only If Offenses Were Violent Crimes, Life Sentence Only If at Least One of the Offenses Was a Specifically Enumerated Offense, Life Sentence Even Though None of Prior Offenses Were Violent Crimes
- Death Penalty: Death Penalty Unavailable, Death Penalty Available, Aggravation for Cruel or Depraved Killing, Aggravation for Killing a Child
- Legality: Offense Must Be Fully Codified; Offense Must Be Legislatively Recognized, but Not All of Its Elements Need to Be Codified; Allow Uncodified Offenses but Limit Punishment for Them; Allow Uncodified Offenses
- Homicide
- Provocation/Extreme Emotional Disturbance: Model Penal Code's Extreme Emotional Disturbance Mitigation, Common-Law Provocation: Words Alone Are Sufficient, Common-Law Provocation: Words Alone Are Sufficient Only If They Report Provocative Act, Common-Law Provocation: Words Alone Are Never Sufficient, No Provocation Mitigation
- Felony Murder: Normal Murder Requirements, Recklessness Required for Felony-Murder Liability, Negligence Required for Felony-Murder Liability, Malice Required for Felony-Murder Liability, No Culpability for Felony-Murder Liability
- Causation: Factual Causal Accountability If Sufficient Concurrent Cause, Factual Causal Accountability If Substantial Concurrent Cause, Have Adopted No Solution to the Factual Cause But-For Test Problem in Concurrent-Cause Cases, Proximate Cause as a Normative Judgment, Proximate Cause as an Apparent Factual Standard
- Liability Doctrines
- Transferred Intent: Transfer Only Intent or Knowledge, Not in Attempt Cases; Transfer All Culpability Levels, Not in Attempt Cases; Transfer Intent or Knowledge Even in Cases of Attempts; Transfer All Levels Even in Cases of Attempts
- Consent to Injury: Consent as a Defense to Even Serious Bodily Injury, Consent as a Defense to Nonserious Injury, Consent Not a Defense to Bodily Injury, Permitting Assistance of Suicide
- Mental Illness and Culpability: Mental Illness Can Negate Any Offense Element, Mental Illness Can Negate Only Specific Intent, Mental Illness Cannot Negate Any Offense Element, Abolish Insanity Defense
- Attempt: Proximity and Intent Required, Proximity Required but Permits Lesser Culpability, Substantial Step Sufficient and Intent Required, Substantial Step Sufficient and Permits Lesser Culpability
- Complicity: Complicity Requires Purpose, Natural and Probable Consequence Rule Rejected; Complicity Requires Purpose, Natural and Probable Consequence Rule Adopted; Complicity Requires Only Knowledges, Natural Probable Consequences Rule Rejected; Complicity Requires Only Knowledge, Natural Probable Consequence Rule Adopted
- Complicity Liability of Coconspirators: Adopts Pinkerton Rule, Rejects Withdrawal Defense; Adopts Pinkerton, Adopts Withdrawal Defense If Positive Steps; Adopts Pinkerton, Adopts Simple Withdrawal Defense; Rejects Pinkerton, Rejects Termination Defense to Complicity; Rejects Pinkerton, Adopts Termination Defense to Complicity
- Justification Defenses
- Lesser Evils/Necessity Defense: Lesser Evils Formulation, Imminence Not Required; Lesser Evils Formulation, Imminence Required; "No Alternative" Formulation, Imminence Not Required; "No Alternative" Formulation, Imminence Required; Lesser Evils/Necessity Defense Not Yet Recognized
- Self Defense: Authorizes Deadly Force Only against Threat of Serious Bodily Injury, Authorizes Deadly Force against Threat of Serious Bodily Injury or Enumerated Serious Felonies, Authorizes Deadly Force against Threat of Most Forcible Felonies, Authorizes Deadly Force against Threat of Any Felony
- Law Enforcement Authority: Defense Only Requires Defendant Believed Force Was Necessary, but Separate Provision Imposes Sliding-Scale Liability for Mistake; Defense Requires Defendant Reasonably Believed Force Was Necessary (Imposing All-or-Nothing Liability); Defense Requires Force Was Actually Necessary, but Provides a Separate Mistake Excuse
- Excuse Defenses
- Insanity Defense: Insanity Defense Abolished, Insanity Defense Requires Complete Loss of Understanding, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Criminality of Conduct, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Wrongfulness of Conduct, Insanity Defense If Offense Is Product of Disease, Insanity Defense Has No Control Prong, Insanity Defense If Irresistible Impulse, Insanity Defense If Substantial Impairment
- Immaturity Defense: 16 and Above, 15, 14, 13, 12, No Minimum Age
- Nonexculpatory Defenses
- Statute of Limitations: Only Murder Is Exempt from the Statute of Limitation, Statute of Limitation Does Not Apply to Any Capital Offense, Statute of Limitation Does Not Apply to Certain Enumerated Felonies, Statute of Limitation Does Not Apply to Any Felonies
- Exclusionary Rule: Exclusionary Rule Rejected, before 1914; Exclusionary Rule Rejected, after 1914; Exclusionary Rule Adopted, before 1961; Had Not Addressed Exclusionary Rule as of 1961
- Entrapment Defense: Defense Available If Not Predisposed, but Not Offense of Violence; Defense Available If Not Predisposed, Even If Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, but Not for Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, Even If Crime of Violence
- Offenses against the Person and Property
- Criminalizing Risk Creation: General Reckless Endangerment Offense, Risking Catastrophe Offense, Reckless Burning Offense
- Statutory Rape: Criminal for Adult to Have Intercourse with a Partner under 16, Criminal for Adult to Have Intercourse with a Partner under 17, Criminal for Adult to Have Intercourse with a Partner under 18, Recognizing a Close-in-Age Exception, No Close-in-Age Exception Recognized
- Domestic Violence: No Martial Rape Exception, Mandatory Arrest; Limited Marital Rape Exception, Mandatory Arrest; No Marital Rape Exception, Presumptive Arrest; Limited Marital Rape Exception, Presumptive Arrest; No Marital Rape Exception, Discretionary Arrest; Limited Rape Exception, Discretionary Arrest
- Stalking and Harassment: Requires Actual Fear or Distress, Punished as a Misdemeanor; Requires Actual Fear or Distress, Punished as a Felony; Enough That Intended or Believed Would Cause Distress, Punished as a Misdemeanor; Enough That Intended or Believed Would Cause Distress, Punished as a Felony
- Child Neglect: Criminalize Only Neglect of General Health or Welfare; Also Criminalize Neglect of "Education"; Also Criminalize Neglect of "Mental" or "Emotional" Health; Also Criminalize Neglect of "Mental" or "Emotional" Health, "Education"
- Deceptive Business Practices: Criminalizes False Advertising and False Measure, Criminalizes False Advertising Only, Criminalizes False Measure Only, Civil Remedies Only
- Extortion: Offender Must Demand Property, Offender May Demand Any Act, Effect of Threat Must Be to Actually Extort, Enough That the Offender Intends to Extort
- Public Order and Decency Offenses
- Adultery: Repealed by 1995; Repealed after 1995; Current Offense, Misdemeanor; Current Offense, Felony
- Criminal Obscenity: No Obscenity Offense; Defines Obscenity as Lacks Serious Value and Prurient Interest; Defines Obscenity as Lacks Serious Value and Prurient Interest, Also Prohibits Devices; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive, Also Prohibits Devices; Obscenity Offense but Leaves Obscenity Undefined
- Child Pornography: Person Depicted Must Be under 16 Years Old, Person Depicted Must Be under 17 Years Old, Person Depicted Must Be under 18 Years Old, Possession Punished the Same as Production or Distribution
- Offenses against the Community
- Drug Offenses: Marijuana Decriminalized; Marijuana a Civil Infraction Only; Misdemeanor, Fine Only; Misdemeanor, Jail; Felony, Jail; Life Imprisonment for Serious Nonviolent Drug Offense; Life without Parole for Serious Nonviolent Drug Offense
- Firearms Possession Offenses: Domestic Abusers Prohibited, Domestic Abusers Not Prohibited, Alcohol Abusers Prohibited, Possession Prohibited by Other Specified Misdemeanors
- Predatory Pricing: No Criminalization of Either Form of Predatory Pricing, Criminalizes Sales Below Cost, Criminalizes Price Discrimination
- Organized Crime: No Organized Crime Offense, Non-RICO Organized Crime Statutes, Asset Forfeiture Only, RICO with 4 to 14 Years Maximum, RICO with 15 to 24 Years Maximum, RICO with 25 Years to Life Maximum
- Fixing Sporting Events: Criminalizes Bribery of Officials or Participants, Criminalizes Only Bribery of Participants, Does Not Criminalize Sports Bribery, Criminalizes Sports Tampering
- Procedural Issues
- Extradition: Extradition Sought for All Violent Felony Warrants, Extradition Declined for 1 to 5 Percent of Violent Felony Warrants, Extradition Declined for 6 to 10 Percent of Violent Felony Warrants, Extradition Declined for 11 to 30 Percent of Violent Felony Warrants, Extradition Declined for Greater than 30 Percent of Violent Felony Warrants
- Jurisdiction: Requires Essential Offense Element, Requires Any Offense Element, Requires Any Part of Offense, Requires Only Detrimental Effect
Iowa
- Punishment Theory and Legality
- Distributive Principles of Criminal Law: Desert as a Distributive Principle, Deterrence as a Distributive Principle, Incapacitation as a Distributive Principle, Rehabilitation as a Correctional Policy, Deontological Desert Distributive Principles, Empirical Desert Distributive Principles, The Principle of Full Offense Proportionality, Full Offense Proportionality Plus Protecting the Blameless, A Partial Offense Proportionality Principle, Partial Offense Proportionality Plus Protecting Blameless, No Proportionality and No Protection of the Blameless
- Habitual Offender Statutes: Life Sentence Only If Offenses Were Violent Crimes, Life Sentence Only If at Least One of the Offenses Was a Specifically Enumerated Offense, Life Sentence Even Though None of Prior Offenses Were Violent Crimes
- Death Penalty: Death Penalty Unavailable, Death Penalty Available, Aggravation for Cruel or Depraved Killing, Aggravation for Killing a Child
- Legality: Offense Must Be Fully Codified; Offense Must Be Legislatively Recognized, but Not All of Its Elements Need to Be Codified; Allow Uncodified Offenses but Limit Punishment for Them; Allow Uncodified Offenses
- Homicide
- Provocation/Extreme Emotional Disturbance: Model Penal Code's Extreme Emotional Disturbance Mitigation, Common-Law Provocation: Words Alone Are Sufficient, Common-Law Provocation: Words Alone Are Sufficient Only If They Report Provocative Act, Common-Law Provocation: Words Alone Are Never Sufficient, No Provocation Mitigation
- Felony Murder: Normal Murder Requirements, Recklessness Required for Felony-Murder Liability, Negligence Required for Felony-Murder Liability, Malice Required for Felony-Murder Liability, No Culpability for Felony-Murder Liability
- Causation: Factual Causal Accountability If Sufficient Concurrent Cause, Factual Causal Accountability If Substantial Concurrent Cause, Have Adopted No Solution to the Factual Cause But-For Test Problem in Concurrent-Cause Cases, Proximate Cause as a Normative Judgment, Proximate Cause as an Apparent Factual Standard
- Liability Doctrines
- Transferred Intent: Transfer Only Intent or Knowledge, Not in Attempt Cases; Transfer All Culpability Levels, Not in Attempt Cases; Transfer Intent or Knowledge Even in Cases of Attempts; Transfer All Levels Even in Cases of Attempts
- Consent to Injury: Consent as a Defense to Even Serious Bodily Injury, Consent as a Defense to Nonserious Injury, Consent Not a Defense to Bodily Injury, Permitting Assistance of Suicide
- Mental Illness and Culpability: Mental Illness Can Negate Any Offense Element, Mental Illness Can Negate Only Specific Intent, Mental Illness Cannot Negate Any Offense Element, Abolish Insanity Defense
- Attempt: Proximity and Intent Required, Proximity Required but Permits Lesser Culpability, Substantial Step Sufficient and Intent Required, Substantial Step Sufficient and Permits Lesser Culpability
- Complicity: Complicity Requires Purpose, Natural and Probable Consequence Rule Rejected; Complicity Requires Purpose, Natural and Probable Consequence Rule Adopted; Complicity Requires Only Knowledges, Natural Probable Consequences Rule Rejected; Complicity Requires Only Knowledge, Natural Probable Consequence Rule Adopted
- Complicity Liability of Coconspirators: Adopts Pinkerton Rule, Rejects Withdrawal Defense; Adopts Pinkerton, Adopts Withdrawal Defense If Positive Steps; Adopts Pinkerton, Adopts Simple Withdrawal Defense; Rejects Pinkerton, Rejects Termination Defense to Complicity; Rejects Pinkerton, Adopts Termination Defense to Complicity
- Justification Defenses
- Lesser Evils/Necessity Defense: Lesser Evils Formulation, Imminence Not Required; Lesser Evils Formulation, Imminence Required; "No Alternative" Formulation, Imminence Not Required; "No Alternative" Formulation, Imminence Required; Lesser Evils/Necessity Defense Not Yet Recognized
- Self Defense: Authorizes Deadly Force Only against Threat of Serious Bodily Injury, Authorizes Deadly Force against Threat of Serious Bodily Injury or Enumerated Serious Felonies, Authorizes Deadly Force against Threat of Most Forcible Felonies, Authorizes Deadly Force against Threat of Any Felony
- Law Enforcement Authority: Defense Only Requires Defendant Believed Force Was Necessary, but Separate Provision Imposes Sliding-Scale Liability for Mistake; Defense Requires Defendant Reasonably Believed Force Was Necessary (Imposing All-or-Nothing Liability); Defense Requires Force Was Actually Necessary, but Provides a Separate Mistake Excuse
- Excuse Defenses
- Insanity Defense: Insanity Defense Abolished, Insanity Defense Requires Complete Loss of Understanding, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Criminality of Conduct, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Wrongfulness of Conduct, Insanity Defense If Offense Is Product of Disease, Insanity Defense Has No Control Prong, Insanity Defense If Irresistible Impulse, Insanity Defense If Substantial Impairment
- Immaturity Defense: 16 and Above, 15, 14, 13, 12, No Minimum Age
- Nonexculpatory Defenses
- Statute of Limitations: Only Murder Is Exempt from the Statute of Limitation, Statute of Limitation Does Not Apply to Any Capital Offense, Statute of Limitation Does Not Apply to Certain Enumerated Felonies, Statute of Limitation Does Not Apply to Any Felonies
- Exclusionary Rule: Exclusionary Rule Rejected, before 1914; Exclusionary Rule Rejected, after 1914; Exclusionary Rule Adopted, before 1961; Had Not Addressed Exclusionary Rule as of 1961
- Entrapment Defense: Defense Available If Not Predisposed, but Not Offense of Violence; Defense Available If Not Predisposed, Even If Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, but Not for Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, Even If Crime of Violence
- Offenses against the Person and Property
- Criminalizing Risk Creation: General Reckless Endangerment Offense, Risking Catastrophe Offense, Reckless Burning Offense
- Statutory Rape: Criminal for Adult to Have Intercourse with a Partner under 16, Criminal for Adult to Have Intercourse with a Partner under 17, Criminal for Adult to Have Intercourse with a Partner under 18, Recognizing a Close-in-Age Exception, No Close-in-Age Exception Recognized
- Domestic Violence: No Martial Rape Exception, Mandatory Arrest; Limited Marital Rape Exception, Mandatory Arrest; No Marital Rape Exception, Presumptive Arrest; Limited Marital Rape Exception, Presumptive Arrest; No Marital Rape Exception, Discretionary Arrest; Limited Rape Exception, Discretionary Arrest
- Stalking and Harassment: Requires Actual Fear or Distress, Punished as a Misdemeanor; Requires Actual Fear or Distress, Punished as a Felony; Enough That Intended or Believed Would Cause Distress, Punished as a Misdemeanor; Enough That Intended or Believed Would Cause Distress, Punished as a Felony
- Child Neglect: Criminalize Only Neglect of General Health or Welfare; Also Criminalize Neglect of "Education"; Also Criminalize Neglect of "Mental" or "Emotional" Health; Also Criminalize Neglect of "Mental" or "Emotional" Health, "Education"
- Deceptive Business Practices: Criminalizes False Advertising and False Measure, Criminalizes False Advertising Only, Criminalizes False Measure Only, Civil Remedies Only
- Extortion: Offender Must Demand Property, Offender May Demand Any Act, Effect of Threat Must Be to Actually Extort, Enough That the Offender Intends to Extort
- Public Order and Decency Offenses
- Adultery: Repealed by 1995; Repealed after 1995; Current Offense, Misdemeanor; Current Offense, Felony
- Criminal Obscenity: No Obscenity Offense; Defines Obscenity as Lacks Serious Value and Prurient Interest; Defines Obscenity as Lacks Serious Value and Prurient Interest, Also Prohibits Devices; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive, Also Prohibits Devices; Obscenity Offense but Leaves Obscenity Undefined
- Child Pornography: Person Depicted Must Be under 16 Years Old, Person Depicted Must Be under 17 Years Old, Person Depicted Must Be under 18 Years Old, Possession Punished the Same as Production or Distribution
- Offenses against the Community
- Drug Offenses: Marijuana Decriminalized; Marijuana a Civil Infraction Only; Misdemeanor, Fine Only; Misdemeanor, Jail; Felony, Jail; Life Imprisonment for Serious Nonviolent Drug Offense; Life without Parole for Serious Nonviolent Drug Offense
- Firearms Possession Offenses: Domestic Abusers Prohibited, Domestic Abusers Not Prohibited, Alcohol Abusers Prohibited, Possession Prohibited by Other Specified Misdemeanors
- Predatory Pricing: No Criminalization of Either Form of Predatory Pricing, Criminalizes Sales Below Cost, Criminalizes Price Discrimination
- Organized Crime: No Organized Crime Offense, Non-RICO Organized Crime Statutes, Asset Forfeiture Only, RICO with 4 to 14 Years Maximum, RICO with 15 to 24 Years Maximum, RICO with 25 Years to Life Maximum
- Fixing Sporting Events: Criminalizes Bribery of Officials or Participants, Criminalizes Only Bribery of Participants, Does Not Criminalize Sports Bribery, Criminalizes Sports Tampering
- Procedural Issues
- Extradition: Extradition Sought for All Violent Felony Warrants, Extradition Declined for 1 to 5 Percent of Violent Felony Warrants, Extradition Declined for 6 to 10 Percent of Violent Felony Warrants, Extradition Declined for 11 to 30 Percent of Violent Felony Warrants, Extradition Declined for Greater than 30 Percent of Violent Felony Warrants
- Jurisdiction: Requires Essential Offense Element, Requires Any Offense Element, Requires Any Part of Offense, Requires Only Detrimental Effect
Kansas
- Punishment Theory and Legality
- Distributive Principles of Criminal Law: Desert as a Distributive Principle, Deterrence as a Distributive Principle, Incapacitation as a Distributive Principle, Rehabilitation as a Correctional Policy, Deontological Desert Distributive Principles, Empirical Desert Distributive Principles, The Principle of Full Offense Proportionality, Full Offense Proportionality Plus Protecting the Blameless, A Partial Offense Proportionality Principle, Partial Offense Proportionality Plus Protecting Blameless, No Proportionality and No Protection of the Blameless
- Habitual Offender Statutes: Life Sentence Only If Offenses Were Violent Crimes, Life Sentence Only If at Least One of the Offenses Was a Specifically Enumerated Offense, Life Sentence Even Though None of Prior Offenses Were Violent Crimes
- Death Penalty: Death Penalty Unavailable, Death Penalty Available, Aggravation for Cruel or Depraved Killing, Aggravation for Killing a Child
- Legality: Offense Must Be Fully Codified; Offense Must Be Legislatively Recognized, but Not All of Its Elements Need to Be Codified; Allow Uncodified Offenses but Limit Punishment for Them; Allow Uncodified Offenses
- Homicide
- Provocation/Extreme Emotional Disturbance: Model Penal Code's Extreme Emotional Disturbance Mitigation, Common-Law Provocation: Words Alone Are Sufficient, Common-Law Provocation: Words Alone Are Sufficient Only If They Report Provocative Act, Common-Law Provocation: Words Alone Are Never Sufficient, No Provocation Mitigation
- Felony Murder: Normal Murder Requirements, Recklessness Required for Felony-Murder Liability, Negligence Required for Felony-Murder Liability, Malice Required for Felony-Murder Liability, No Culpability for Felony-Murder Liability
- Causation: Factual Causal Accountability If Sufficient Concurrent Cause, Factual Causal Accountability If Substantial Concurrent Cause, Have Adopted No Solution to the Factual Cause But-For Test Problem in Concurrent-Cause Cases, Proximate Cause as a Normative Judgment, Proximate Cause as an Apparent Factual Standard
- Liability Doctrines
- Transferred Intent: Transfer Only Intent or Knowledge, Not in Attempt Cases; Transfer All Culpability Levels, Not in Attempt Cases; Transfer Intent or Knowledge Even in Cases of Attempts; Transfer All Levels Even in Cases of Attempts
- Consent to Injury: Consent as a Defense to Even Serious Bodily Injury, Consent as a Defense to Nonserious Injury, Consent Not a Defense to Bodily Injury, Permitting Assistance of Suicide
- Mental Illness and Culpability: Mental Illness Can Negate Any Offense Element, Mental Illness Can Negate Only Specific Intent, Mental Illness Cannot Negate Any Offense Element, Abolish Insanity Defense
- Attempt: Proximity and Intent Required, Proximity Required but Permits Lesser Culpability, Substantial Step Sufficient and Intent Required, Substantial Step Sufficient and Permits Lesser Culpability
- Complicity: Complicity Requires Purpose, Natural and Probable Consequence Rule Rejected; Complicity Requires Purpose, Natural and Probable Consequence Rule Adopted; Complicity Requires Only Knowledges, Natural Probable Consequences Rule Rejected; Complicity Requires Only Knowledge, Natural Probable Consequence Rule Adopted
- Complicity Liability of Coconspirators: Adopts Pinkerton Rule, Rejects Withdrawal Defense; Adopts Pinkerton, Adopts Withdrawal Defense If Positive Steps; Adopts Pinkerton, Adopts Simple Withdrawal Defense; Rejects Pinkerton, Rejects Termination Defense to Complicity; Rejects Pinkerton, Adopts Termination Defense to Complicity
- Justification Defenses
- Lesser Evils/Necessity Defense: Lesser Evils Formulation, Imminence Not Required; Lesser Evils Formulation, Imminence Required; "No Alternative" Formulation, Imminence Not Required; "No Alternative" Formulation, Imminence Required; Lesser Evils/Necessity Defense Not Yet Recognized
- Self Defense: Authorizes Deadly Force Only against Threat of Serious Bodily Injury, Authorizes Deadly Force against Threat of Serious Bodily Injury or Enumerated Serious Felonies, Authorizes Deadly Force against Threat of Most Forcible Felonies, Authorizes Deadly Force against Threat of Any Felony
- Law Enforcement Authority: Defense Only Requires Defendant Believed Force Was Necessary, but Separate Provision Imposes Sliding-Scale Liability for Mistake; Defense Requires Defendant Reasonably Believed Force Was Necessary (Imposing All-or-Nothing Liability); Defense Requires Force Was Actually Necessary, but Provides a Separate Mistake Excuse
- Excuse Defenses
- Insanity Defense: Insanity Defense Abolished, Insanity Defense Requires Complete Loss of Understanding, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Criminality of Conduct, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Wrongfulness of Conduct, Insanity Defense If Offense Is Product of Disease, Insanity Defense Has No Control Prong, Insanity Defense If Irresistible Impulse, Insanity Defense If Substantial Impairment
- Immaturity Defense: 16 and Above, 15, 14, 13, 12, No Minimum Age
- Nonexculpatory Defenses
- Statute of Limitations: Only Murder Is Exempt from the Statute of Limitation, Statute of Limitation Does Not Apply to Any Capital Offense, Statute of Limitation Does Not Apply to Certain Enumerated Felonies, Statute of Limitation Does Not Apply to Any Felonies
- Exclusionary Rule: Exclusionary Rule Rejected, before 1914; Exclusionary Rule Rejected, after 1914; Exclusionary Rule Adopted, before 1961; Had Not Addressed Exclusionary Rule as of 1961
- Entrapment Defense: Defense Available If Not Predisposed, but Not Offense of Violence; Defense Available If Not Predisposed, Even If Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, but Not for Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, Even If Crime of Violence
- Offenses against the Person and Property
- Criminalizing Risk Creation: General Reckless Endangerment Offense, Risking Catastrophe Offense, Reckless Burning Offense
- Statutory Rape: Criminal for Adult to Have Intercourse with a Partner under 16, Criminal for Adult to Have Intercourse with a Partner under 17, Criminal for Adult to Have Intercourse with a Partner under 18, Recognizing a Close-in-Age Exception, No Close-in-Age Exception Recognized
- Domestic Violence: No Martial Rape Exception, Mandatory Arrest; Limited Marital Rape Exception, Mandatory Arrest; No Marital Rape Exception, Presumptive Arrest; Limited Marital Rape Exception, Presumptive Arrest; No Marital Rape Exception, Discretionary Arrest; Limited Rape Exception, Discretionary Arrest
- Stalking and Harassment: Requires Actual Fear or Distress, Punished as a Misdemeanor; Requires Actual Fear or Distress, Punished as a Felony; Enough That Intended or Believed Would Cause Distress, Punished as a Misdemeanor; Enough That Intended or Believed Would Cause Distress, Punished as a Felony
- Child Neglect: Criminalize Only Neglect of General Health or Welfare; Also Criminalize Neglect of "Education"; Also Criminalize Neglect of "Mental" or "Emotional" Health; Also Criminalize Neglect of "Mental" or "Emotional" Health, "Education"
- Deceptive Business Practices: Criminalizes False Advertising and False Measure, Criminalizes False Advertising Only, Criminalizes False Measure Only, Civil Remedies Only
- Extortion: Offender Must Demand Property, Offender May Demand Any Act, Effect of Threat Must Be to Actually Extort, Enough That the Offender Intends to Extort
- Public Order and Decency Offenses
- Adultery: Repealed by 1995; Repealed after 1995; Current Offense, Misdemeanor; Current Offense, Felony
- Criminal Obscenity: No Obscenity Offense; Defines Obscenity as Lacks Serious Value and Prurient Interest; Defines Obscenity as Lacks Serious Value and Prurient Interest, Also Prohibits Devices; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive, Also Prohibits Devices; Obscenity Offense but Leaves Obscenity Undefined
- Child Pornography: Person Depicted Must Be under 16 Years Old, Person Depicted Must Be under 17 Years Old, Person Depicted Must Be under 18 Years Old, Possession Punished the Same as Production or Distribution
- Offenses against the Community
- Drug Offenses: Marijuana Decriminalized; Marijuana a Civil Infraction Only; Misdemeanor, Fine Only; Misdemeanor, Jail; Felony, Jail; Life Imprisonment for Serious Nonviolent Drug Offense; Life without Parole for Serious Nonviolent Drug Offense
- Firearms Possession Offenses: Domestic Abusers Prohibited, Domestic Abusers Not Prohibited, Alcohol Abusers Prohibited, Possession Prohibited by Other Specified Misdemeanors
- Predatory Pricing: No Criminalization of Either Form of Predatory Pricing, Criminalizes Sales Below Cost, Criminalizes Price Discrimination
- Organized Crime: No Organized Crime Offense, Non-RICO Organized Crime Statutes, Asset Forfeiture Only, RICO with 4 to 14 Years Maximum, RICO with 15 to 24 Years Maximum, RICO with 25 Years to Life Maximum
- Fixing Sporting Events: Criminalizes Bribery of Officials or Participants, Criminalizes Only Bribery of Participants, Does Not Criminalize Sports Bribery, Criminalizes Sports Tampering
- Procedural Issues
- Extradition: Extradition Sought for All Violent Felony Warrants, Extradition Declined for 1 to 5 Percent of Violent Felony Warrants, Extradition Declined for 6 to 10 Percent of Violent Felony Warrants, Extradition Declined for 11 to 30 Percent of Violent Felony Warrants, Extradition Declined for Greater than 30 Percent of Violent Felony Warrants
- Jurisdiction: Requires Essential Offense Element, Requires Any Offense Element, Requires Any Part of Offense, Requires Only Detrimental Effect
Kentucky
- Punishment Theory and Legality
- Distributive Principles of Criminal Law: Desert as a Distributive Principle, Deterrence as a Distributive Principle, Incapacitation as a Distributive Principle, Rehabilitation as a Correctional Policy, Deontological Desert Distributive Principles, Empirical Desert Distributive Principles, The Principle of Full Offense Proportionality, Full Offense Proportionality Plus Protecting the Blameless, A Partial Offense Proportionality Principle, Partial Offense Proportionality Plus Protecting Blameless, No Proportionality and No Protection of the Blameless
- Habitual Offender Statutes: Life Sentence Only If Offenses Were Violent Crimes, Life Sentence Only If at Least One of the Offenses Was a Specifically Enumerated Offense, Life Sentence Even Though None of Prior Offenses Were Violent Crimes
- Death Penalty: Death Penalty Unavailable, Death Penalty Available, Aggravation for Cruel or Depraved Killing, Aggravation for Killing a Child
- Legality: Offense Must Be Fully Codified; Offense Must Be Legislatively Recognized, but Not All of Its Elements Need to Be Codified; Allow Uncodified Offenses but Limit Punishment for Them; Allow Uncodified Offenses
- Homicide
- Provocation/Extreme Emotional Disturbance: Model Penal Code's Extreme Emotional Disturbance Mitigation, Common-Law Provocation: Words Alone Are Sufficient, Common-Law Provocation: Words Alone Are Sufficient Only If They Report Provocative Act, Common-Law Provocation: Words Alone Are Never Sufficient, No Provocation Mitigation
- Felony Murder: Normal Murder Requirements, Recklessness Required for Felony-Murder Liability, Negligence Required for Felony-Murder Liability, Malice Required for Felony-Murder Liability, No Culpability for Felony-Murder Liability
- Causation: Factual Causal Accountability If Sufficient Concurrent Cause, Factual Causal Accountability If Substantial Concurrent Cause, Have Adopted No Solution to the Factual Cause But-For Test Problem in Concurrent-Cause Cases, Proximate Cause as a Normative Judgment, Proximate Cause as an Apparent Factual Standard
- Liability Doctrines
- Transferred Intent: Transfer Only Intent or Knowledge, Not in Attempt Cases; Transfer All Culpability Levels, Not in Attempt Cases; Transfer Intent or Knowledge Even in Cases of Attempts; Transfer All Levels Even in Cases of Attempts
- Consent to Injury: Consent as a Defense to Even Serious Bodily Injury, Consent as a Defense to Nonserious Injury, Consent Not a Defense to Bodily Injury, Permitting Assistance of Suicide
- Mental Illness and Culpability: Mental Illness Can Negate Any Offense Element, Mental Illness Can Negate Only Specific Intent, Mental Illness Cannot Negate Any Offense Element, Abolish Insanity Defense
- Attempt: Proximity and Intent Required, Proximity Required but Permits Lesser Culpability, Substantial Step Sufficient and Intent Required, Substantial Step Sufficient and Permits Lesser Culpability
- Complicity: Complicity Requires Purpose, Natural and Probable Consequence Rule Rejected; Complicity Requires Purpose, Natural and Probable Consequence Rule Adopted; Complicity Requires Only Knowledges, Natural Probable Consequences Rule Rejected; Complicity Requires Only Knowledge, Natural Probable Consequence Rule Adopted
- Complicity Liability of Coconspirators: Adopts Pinkerton Rule, Rejects Withdrawal Defense; Adopts Pinkerton, Adopts Withdrawal Defense If Positive Steps; Adopts Pinkerton, Adopts Simple Withdrawal Defense; Rejects Pinkerton, Rejects Termination Defense to Complicity; Rejects Pinkerton, Adopts Termination Defense to Complicity
- Justification Defenses
- Lesser Evils/Necessity Defense: Lesser Evils Formulation, Imminence Not Required; Lesser Evils Formulation, Imminence Required; "No Alternative" Formulation, Imminence Not Required; "No Alternative" Formulation, Imminence Required; Lesser Evils/Necessity Defense Not Yet Recognized
- Self Defense: Authorizes Deadly Force Only against Threat of Serious Bodily Injury, Authorizes Deadly Force against Threat of Serious Bodily Injury or Enumerated Serious Felonies, Authorizes Deadly Force against Threat of Most Forcible Felonies, Authorizes Deadly Force against Threat of Any Felony
- Law Enforcement Authority: Defense Only Requires Defendant Believed Force Was Necessary, but Separate Provision Imposes Sliding-Scale Liability for Mistake; Defense Requires Defendant Reasonably Believed Force Was Necessary (Imposing All-or-Nothing Liability); Defense Requires Force Was Actually Necessary, but Provides a Separate Mistake Excuse
- Excuse Defenses
- Insanity Defense: Insanity Defense Abolished, Insanity Defense Requires Complete Loss of Understanding, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Criminality of Conduct, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Wrongfulness of Conduct, Insanity Defense If Offense Is Product of Disease, Insanity Defense Has No Control Prong, Insanity Defense If Irresistible Impulse, Insanity Defense If Substantial Impairment
- Immaturity Defense: 16 and Above, 15, 14, 13, 12, No Minimum Age
- Nonexculpatory Defenses
- Statute of Limitations: Only Murder Is Exempt from the Statute of Limitation, Statute of Limitation Does Not Apply to Any Capital Offense, Statute of Limitation Does Not Apply to Certain Enumerated Felonies, Statute of Limitation Does Not Apply to Any Felonies
- Exclusionary Rule: Exclusionary Rule Rejected, before 1914; Exclusionary Rule Rejected, after 1914; Exclusionary Rule Adopted, before 1961; Had Not Addressed Exclusionary Rule as of 1961
- Entrapment Defense: Defense Available If Not Predisposed, but Not Offense of Violence; Defense Available If Not Predisposed, Even If Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, but Not for Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, Even If Crime of Violence
- Offenses against the Person and Property
- Criminalizing Risk Creation: General Reckless Endangerment Offense, Risking Catastrophe Offense, Reckless Burning Offense
- Statutory Rape: Criminal for Adult to Have Intercourse with a Partner under 16, Criminal for Adult to Have Intercourse with a Partner under 17, Criminal for Adult to Have Intercourse with a Partner under 18, Recognizing a Close-in-Age Exception, No Close-in-Age Exception Recognized
- Domestic Violence: No Martial Rape Exception, Mandatory Arrest; Limited Marital Rape Exception, Mandatory Arrest; No Marital Rape Exception, Presumptive Arrest; Limited Marital Rape Exception, Presumptive Arrest; No Marital Rape Exception, Discretionary Arrest; Limited Rape Exception, Discretionary Arrest
- Stalking and Harassment: Requires Actual Fear or Distress, Punished as a Misdemeanor; Requires Actual Fear or Distress, Punished as a Felony; Enough That Intended or Believed Would Cause Distress, Punished as a Misdemeanor; Enough That Intended or Believed Would Cause Distress, Punished as a Felony
- Child Neglect: Criminalize Only Neglect of General Health or Welfare; Also Criminalize Neglect of "Education"; Also Criminalize Neglect of "Mental" or "Emotional" Health; Also Criminalize Neglect of "Mental" or "Emotional" Health, "Education"
- Deceptive Business Practices: Criminalizes False Advertising and False Measure, Criminalizes False Advertising Only, Criminalizes False Measure Only, Civil Remedies Only
- Extortion: Offender Must Demand Property, Offender May Demand Any Act, Effect of Threat Must Be to Actually Extort, Enough That the Offender Intends to Extort
- Public Order and Decency Offenses
- Adultery: Repealed by 1995; Repealed after 1995; Current Offense, Misdemeanor; Current Offense, Felony
- Criminal Obscenity: No Obscenity Offense; Defines Obscenity as Lacks Serious Value and Prurient Interest; Defines Obscenity as Lacks Serious Value and Prurient Interest, Also Prohibits Devices; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive, Also Prohibits Devices; Obscenity Offense but Leaves Obscenity Undefined
- Child Pornography: Person Depicted Must Be under 16 Years Old, Person Depicted Must Be under 17 Years Old, Person Depicted Must Be under 18 Years Old, Possession Punished the Same as Production or Distribution
- Offenses against the Community
- Drug Offenses: Marijuana Decriminalized; Marijuana a Civil Infraction Only; Misdemeanor, Fine Only; Misdemeanor, Jail; Felony, Jail; Life Imprisonment for Serious Nonviolent Drug Offense; Life without Parole for Serious Nonviolent Drug Offense
- Firearms Possession Offenses: Domestic Abusers Prohibited, Domestic Abusers Not Prohibited, Alcohol Abusers Prohibited, Possession Prohibited by Other Specified Misdemeanors
- Predatory Pricing: No Criminalization of Either Form of Predatory Pricing, Criminalizes Sales Below Cost, Criminalizes Price Discrimination
- Organized Crime: No Organized Crime Offense, Non-RICO Organized Crime Statutes, Asset Forfeiture Only, RICO with 4 to 14 Years Maximum, RICO with 15 to 24 Years Maximum, RICO with 25 Years to Life Maximum
- Fixing Sporting Events: Criminalizes Bribery of Officials or Participants, Criminalizes Only Bribery of Participants, Does Not Criminalize Sports Bribery, Criminalizes Sports Tampering
- Procedural Issues
- Extradition: Extradition Sought for All Violent Felony Warrants, Extradition Declined for 1 to 5 Percent of Violent Felony Warrants, Extradition Declined for 6 to 10 Percent of Violent Felony Warrants, Extradition Declined for 11 to 30 Percent of Violent Felony Warrants, Extradition Declined for Greater than 30 Percent of Violent Felony Warrants
- Jurisdiction: Requires Essential Offense Element, Requires Any Offense Element, Requires Any Part of Offense, Requires Only Detrimental Effect
Louisiana
- Punishment Theory and Legality
- Distributive Principles of Criminal Law: Desert as a Distributive Principle, Deterrence as a Distributive Principle, Incapacitation as a Distributive Principle, Rehabilitation as a Correctional Policy, Deontological Desert Distributive Principles, Empirical Desert Distributive Principles, The Principle of Full Offense Proportionality, Full Offense Proportionality Plus Protecting the Blameless, A Partial Offense Proportionality Principle, Partial Offense Proportionality Plus Protecting Blameless, No Proportionality and No Protection of the Blameless
- Habitual Offender Statutes: Life Sentence Only If Offenses Were Violent Crimes, Life Sentence Only If at Least One of the Offenses Was a Specifically Enumerated Offense, Life Sentence Even Though None of Prior Offenses Were Violent Crimes
- Death Penalty: Death Penalty Unavailable, Death Penalty Available, Aggravation for Cruel or Depraved Killing, Aggravation for Killing a Child
- Legality: Offense Must Be Fully Codified; Offense Must Be Legislatively Recognized, but Not All of Its Elements Need to Be Codified; Allow Uncodified Offenses but Limit Punishment for Them; Allow Uncodified Offenses
- Homicide
- Provocation/Extreme Emotional Disturbance: Model Penal Code's Extreme Emotional Disturbance Mitigation, Common-Law Provocation: Words Alone Are Sufficient, Common-Law Provocation: Words Alone Are Sufficient Only If They Report Provocative Act, Common-Law Provocation: Words Alone Are Never Sufficient, No Provocation Mitigation
- Felony Murder: Normal Murder Requirements, Recklessness Required for Felony-Murder Liability, Negligence Required for Felony-Murder Liability, Malice Required for Felony-Murder Liability, No Culpability for Felony-Murder Liability
- Causation: Factual Causal Accountability If Sufficient Concurrent Cause, Factual Causal Accountability If Substantial Concurrent Cause, Have Adopted No Solution to the Factual Cause But-For Test Problem in Concurrent-Cause Cases, Proximate Cause as a Normative Judgment, Proximate Cause as an Apparent Factual Standard
- Liability Doctrines
- Transferred Intent: Transfer Only Intent or Knowledge, Not in Attempt Cases; Transfer All Culpability Levels, Not in Attempt Cases; Transfer Intent or Knowledge Even in Cases of Attempts; Transfer All Levels Even in Cases of Attempts
- Consent to Injury: Consent as a Defense to Even Serious Bodily Injury, Consent as a Defense to Nonserious Injury, Consent Not a Defense to Bodily Injury, Permitting Assistance of Suicide
- Mental Illness and Culpability: Mental Illness Can Negate Any Offense Element, Mental Illness Can Negate Only Specific Intent, Mental Illness Cannot Negate Any Offense Element, Abolish Insanity Defense
- Attempt: Proximity and Intent Required, Proximity Required but Permits Lesser Culpability, Substantial Step Sufficient and Intent Required, Substantial Step Sufficient and Permits Lesser Culpability
- Complicity: Complicity Requires Purpose, Natural and Probable Consequence Rule Rejected; Complicity Requires Purpose, Natural and Probable Consequence Rule Adopted; Complicity Requires Only Knowledges, Natural Probable Consequences Rule Rejected; Complicity Requires Only Knowledge, Natural Probable Consequence Rule Adopted
- Complicity Liability of Coconspirators: Adopts Pinkerton Rule, Rejects Withdrawal Defense; Adopts Pinkerton, Adopts Withdrawal Defense If Positive Steps; Adopts Pinkerton, Adopts Simple Withdrawal Defense; Rejects Pinkerton, Rejects Termination Defense to Complicity; Rejects Pinkerton, Adopts Termination Defense to Complicity
- Justification Defenses
- Lesser Evils/Necessity Defense: Lesser Evils Formulation, Imminence Not Required; Lesser Evils Formulation, Imminence Required; "No Alternative" Formulation, Imminence Not Required; "No Alternative" Formulation, Imminence Required; Lesser Evils/Necessity Defense Not Yet Recognized
- Self Defense: Authorizes Deadly Force Only against Threat of Serious Bodily Injury, Authorizes Deadly Force against Threat of Serious Bodily Injury or Enumerated Serious Felonies, Authorizes Deadly Force against Threat of Most Forcible Felonies, Authorizes Deadly Force against Threat of Any Felony
- Law Enforcement Authority: Defense Only Requires Defendant Believed Force Was Necessary, but Separate Provision Imposes Sliding-Scale Liability for Mistake; Defense Requires Defendant Reasonably Believed Force Was Necessary (Imposing All-or-Nothing Liability); Defense Requires Force Was Actually Necessary, but Provides a Separate Mistake Excuse
- Excuse Defenses
- Insanity Defense: Insanity Defense Abolished, Insanity Defense Requires Complete Loss of Understanding, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Criminality of Conduct, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Wrongfulness of Conduct, Insanity Defense If Offense Is Product of Disease, Insanity Defense Has No Control Prong, Insanity Defense If Irresistible Impulse, Insanity Defense If Substantial Impairment
- Immaturity Defense: 16 and Above, 15, 14, 13, 12, No Minimum Age
- Nonexculpatory Defenses
- Statute of Limitations: Only Murder Is Exempt from the Statute of Limitation, Statute of Limitation Does Not Apply to Any Capital Offense, Statute of Limitation Does Not Apply to Certain Enumerated Felonies, Statute of Limitation Does Not Apply to Any Felonies
- Exclusionary Rule: Exclusionary Rule Rejected, before 1914; Exclusionary Rule Rejected, after 1914; Exclusionary Rule Adopted, before 1961; Had Not Addressed Exclusionary Rule as of 1961
- Entrapment Defense: Defense Available If Not Predisposed, but Not Offense of Violence; Defense Available If Not Predisposed, Even If Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, but Not for Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, Even If Crime of Violence
- Offenses against the Person and Property
- Criminalizing Risk Creation: General Reckless Endangerment Offense, Risking Catastrophe Offense, Reckless Burning Offense
- Statutory Rape: Criminal for Adult to Have Intercourse with a Partner under 16, Criminal for Adult to Have Intercourse with a Partner under 17, Criminal for Adult to Have Intercourse with a Partner under 18, Recognizing a Close-in-Age Exception, No Close-in-Age Exception Recognized
- Domestic Violence: No Martial Rape Exception, Mandatory Arrest; Limited Marital Rape Exception, Mandatory Arrest; No Marital Rape Exception, Presumptive Arrest; Limited Marital Rape Exception, Presumptive Arrest; No Marital Rape Exception, Discretionary Arrest; Limited Rape Exception, Discretionary Arrest
- Stalking and Harassment: Requires Actual Fear or Distress, Punished as a Misdemeanor; Requires Actual Fear or Distress, Punished as a Felony; Enough That Intended or Believed Would Cause Distress, Punished as a Misdemeanor; Enough That Intended or Believed Would Cause Distress, Punished as a Felony
- Child Neglect: Criminalize Only Neglect of General Health or Welfare; Also Criminalize Neglect of "Education"; Also Criminalize Neglect of "Mental" or "Emotional" Health; Also Criminalize Neglect of "Mental" or "Emotional" Health, "Education"
- Deceptive Business Practices: Criminalizes False Advertising and False Measure, Criminalizes False Advertising Only, Criminalizes False Measure Only, Civil Remedies Only
- Extortion: Offender Must Demand Property, Offender May Demand Any Act, Effect of Threat Must Be to Actually Extort, Enough That the Offender Intends to Extort
- Public Order and Decency Offenses
- Adultery: Repealed by 1995; Repealed after 1995; Current Offense, Misdemeanor; Current Offense, Felony
- Criminal Obscenity: No Obscenity Offense; Defines Obscenity as Lacks Serious Value and Prurient Interest; Defines Obscenity as Lacks Serious Value and Prurient Interest, Also Prohibits Devices; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive, Also Prohibits Devices; Obscenity Offense but Leaves Obscenity Undefined
- Child Pornography: Person Depicted Must Be under 16 Years Old, Person Depicted Must Be under 17 Years Old, Person Depicted Must Be under 18 Years Old, Possession Punished the Same as Production or Distribution
- Offenses against the Community
- Drug Offenses: Marijuana Decriminalized; Marijuana a Civil Infraction Only; Misdemeanor, Fine Only; Misdemeanor, Jail; Felony, Jail; Life Imprisonment for Serious Nonviolent Drug Offense; Life without Parole for Serious Nonviolent Drug Offense
- Firearms Possession Offenses: Domestic Abusers Prohibited, Domestic Abusers Not Prohibited, Alcohol Abusers Prohibited, Possession Prohibited by Other Specified Misdemeanors
- Predatory Pricing: No Criminalization of Either Form of Predatory Pricing, Criminalizes Sales Below Cost, Criminalizes Price Discrimination
- Organized Crime: No Organized Crime Offense, Non-RICO Organized Crime Statutes, Asset Forfeiture Only, RICO with 4 to 14 Years Maximum, RICO with 15 to 24 Years Maximum, RICO with 25 Years to Life Maximum
- Fixing Sporting Events: Criminalizes Bribery of Officials or Participants, Criminalizes Only Bribery of Participants, Does Not Criminalize Sports Bribery, Criminalizes Sports Tampering
- Procedural Issues
- Extradition: Extradition Sought for All Violent Felony Warrants, Extradition Declined for 1 to 5 Percent of Violent Felony Warrants, Extradition Declined for 6 to 10 Percent of Violent Felony Warrants, Extradition Declined for 11 to 30 Percent of Violent Felony Warrants, Extradition Declined for Greater than 30 Percent of Violent Felony Warrants
- Jurisdiction: Requires Essential Offense Element, Requires Any Offense Element, Requires Any Part of Offense, Requires Only Detrimental Effect
Maine
- Punishment Theory and Legality
- Distributive Principles of Criminal Law: Desert as a Distributive Principle, Deterrence as a Distributive Principle, Incapacitation as a Distributive Principle, Rehabilitation as a Correctional Policy, Deontological Desert Distributive Principles, Empirical Desert Distributive Principles, The Principle of Full Offense Proportionality, Full Offense Proportionality Plus Protecting the Blameless, A Partial Offense Proportionality Principle, Partial Offense Proportionality Plus Protecting Blameless, No Proportionality and No Protection of the Blameless
- Habitual Offender Statutes: Life Sentence Only If Offenses Were Violent Crimes, Life Sentence Only If at Least One of the Offenses Was a Specifically Enumerated Offense, Life Sentence Even Though None of Prior Offenses Were Violent Crimes
- Death Penalty: Death Penalty Unavailable, Death Penalty Available, Aggravation for Cruel or Depraved Killing, Aggravation for Killing a Child
- Legality: Offense Must Be Fully Codified; Offense Must Be Legislatively Recognized, but Not All of Its Elements Need to Be Codified; Allow Uncodified Offenses but Limit Punishment for Them; Allow Uncodified Offenses
- Homicide
- Provocation/Extreme Emotional Disturbance: Model Penal Code's Extreme Emotional Disturbance Mitigation, Common-Law Provocation: Words Alone Are Sufficient, Common-Law Provocation: Words Alone Are Sufficient Only If They Report Provocative Act, Common-Law Provocation: Words Alone Are Never Sufficient, No Provocation Mitigation
- Felony Murder: Normal Murder Requirements, Recklessness Required for Felony-Murder Liability, Negligence Required for Felony-Murder Liability, Malice Required for Felony-Murder Liability, No Culpability for Felony-Murder Liability
- Causation: Factual Causal Accountability If Sufficient Concurrent Cause, Factual Causal Accountability If Substantial Concurrent Cause, Have Adopted No Solution to the Factual Cause But-For Test Problem in Concurrent-Cause Cases, Proximate Cause as a Normative Judgment, Proximate Cause as an Apparent Factual Standard
- Liability Doctrines
- Transferred Intent: Transfer Only Intent or Knowledge, Not in Attempt Cases; Transfer All Culpability Levels, Not in Attempt Cases; Transfer Intent or Knowledge Even in Cases of Attempts; Transfer All Levels Even in Cases of Attempts
- Consent to Injury: Consent as a Defense to Even Serious Bodily Injury, Consent as a Defense to Nonserious Injury, Consent Not a Defense to Bodily Injury, Permitting Assistance of Suicide
- Mental Illness and Culpability: Mental Illness Can Negate Any Offense Element, Mental Illness Can Negate Only Specific Intent, Mental Illness Cannot Negate Any Offense Element, Abolish Insanity Defense
- Attempt: Proximity and Intent Required, Proximity Required but Permits Lesser Culpability, Substantial Step Sufficient and Intent Required, Substantial Step Sufficient and Permits Lesser Culpability
- Complicity: Complicity Requires Purpose, Natural and Probable Consequence Rule Rejected; Complicity Requires Purpose, Natural and Probable Consequence Rule Adopted; Complicity Requires Only Knowledges, Natural Probable Consequences Rule Rejected; Complicity Requires Only Knowledge, Natural Probable Consequence Rule Adopted
- Complicity Liability of Coconspirators: Adopts Pinkerton Rule, Rejects Withdrawal Defense; Adopts Pinkerton, Adopts Withdrawal Defense If Positive Steps; Adopts Pinkerton, Adopts Simple Withdrawal Defense; Rejects Pinkerton, Rejects Termination Defense to Complicity; Rejects Pinkerton, Adopts Termination Defense to Complicity
- Justification Defenses
- Lesser Evils/Necessity Defense: Lesser Evils Formulation, Imminence Not Required; Lesser Evils Formulation, Imminence Required; "No Alternative" Formulation, Imminence Not Required; "No Alternative" Formulation, Imminence Required; Lesser Evils/Necessity Defense Not Yet Recognized
- Self Defense: Authorizes Deadly Force Only against Threat of Serious Bodily Injury, Authorizes Deadly Force against Threat of Serious Bodily Injury or Enumerated Serious Felonies, Authorizes Deadly Force against Threat of Most Forcible Felonies, Authorizes Deadly Force against Threat of Any Felony
- Law Enforcement Authority: Defense Only Requires Defendant Believed Force Was Necessary, but Separate Provision Imposes Sliding-Scale Liability for Mistake; Defense Requires Defendant Reasonably Believed Force Was Necessary (Imposing All-or-Nothing Liability); Defense Requires Force Was Actually Necessary, but Provides a Separate Mistake Excuse
- Excuse Defenses
- Insanity Defense: Insanity Defense Abolished, Insanity Defense Requires Complete Loss of Understanding, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Criminality of Conduct, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Wrongfulness of Conduct, Insanity Defense If Offense Is Product of Disease, Insanity Defense Has No Control Prong, Insanity Defense If Irresistible Impulse, Insanity Defense If Substantial Impairment
- Immaturity Defense: 16 and Above, 15, 14, 13, 12, No Minimum Age
- Nonexculpatory Defenses
- Statute of Limitations: Only Murder Is Exempt from the Statute of Limitation, Statute of Limitation Does Not Apply to Any Capital Offense, Statute of Limitation Does Not Apply to Certain Enumerated Felonies, Statute of Limitation Does Not Apply to Any Felonies
- Exclusionary Rule: Exclusionary Rule Rejected, before 1914; Exclusionary Rule Rejected, after 1914; Exclusionary Rule Adopted, before 1961; Had Not Addressed Exclusionary Rule as of 1961
- Entrapment Defense: Defense Available If Not Predisposed, but Not Offense of Violence; Defense Available If Not Predisposed, Even If Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, but Not for Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, Even If Crime of Violence
- Offenses against the Person and Property
- Criminalizing Risk Creation: General Reckless Endangerment Offense, Risking Catastrophe Offense, Reckless Burning Offense
- Statutory Rape: Criminal for Adult to Have Intercourse with a Partner under 16, Criminal for Adult to Have Intercourse with a Partner under 17, Criminal for Adult to Have Intercourse with a Partner under 18, Recognizing a Close-in-Age Exception, No Close-in-Age Exception Recognized
- Domestic Violence: No Martial Rape Exception, Mandatory Arrest; Limited Marital Rape Exception, Mandatory Arrest; No Marital Rape Exception, Presumptive Arrest; Limited Marital Rape Exception, Presumptive Arrest; No Marital Rape Exception, Discretionary Arrest; Limited Rape Exception, Discretionary Arrest
- Stalking and Harassment: Requires Actual Fear or Distress, Punished as a Misdemeanor; Requires Actual Fear or Distress, Punished as a Felony; Enough That Intended or Believed Would Cause Distress, Punished as a Misdemeanor; Enough That Intended or Believed Would Cause Distress, Punished as a Felony
- Child Neglect: Criminalize Only Neglect of General Health or Welfare; Also Criminalize Neglect of "Education"; Also Criminalize Neglect of "Mental" or "Emotional" Health; Also Criminalize Neglect of "Mental" or "Emotional" Health, "Education"
- Deceptive Business Practices: Criminalizes False Advertising and False Measure, Criminalizes False Advertising Only, Criminalizes False Measure Only, Civil Remedies Only
- Extortion: Offender Must Demand Property, Offender May Demand Any Act, Effect of Threat Must Be to Actually Extort, Enough That the Offender Intends to Extort
- Public Order and Decency Offenses
- Adultery: Repealed by 1995; Repealed after 1995; Current Offense, Misdemeanor; Current Offense, Felony
- Criminal Obscenity: No Obscenity Offense; Defines Obscenity as Lacks Serious Value and Prurient Interest; Defines Obscenity as Lacks Serious Value and Prurient Interest, Also Prohibits Devices; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive, Also Prohibits Devices; Obscenity Offense but Leaves Obscenity Undefined
- Child Pornography: Person Depicted Must Be under 16 Years Old, Person Depicted Must Be under 17 Years Old, Person Depicted Must Be under 18 Years Old, Possession Punished the Same as Production or Distribution
- Offenses against the Community
- Drug Offenses: Marijuana Decriminalized; Marijuana a Civil Infraction Only; Misdemeanor, Fine Only; Misdemeanor, Jail; Felony, Jail; Life Imprisonment for Serious Nonviolent Drug Offense; Life without Parole for Serious Nonviolent Drug Offense
- Firearms Possession Offenses: Domestic Abusers Prohibited, Domestic Abusers Not Prohibited, Alcohol Abusers Prohibited, Possession Prohibited by Other Specified Misdemeanors
- Predatory Pricing: No Criminalization of Either Form of Predatory Pricing, Criminalizes Sales Below Cost, Criminalizes Price Discrimination
- Organized Crime: No Organized Crime Offense, Non-RICO Organized Crime Statutes, Asset Forfeiture Only, RICO with 4 to 14 Years Maximum, RICO with 15 to 24 Years Maximum, RICO with 25 Years to Life Maximum
- Fixing Sporting Events: Criminalizes Bribery of Officials or Participants, Criminalizes Only Bribery of Participants, Does Not Criminalize Sports Bribery, Criminalizes Sports Tampering
- Procedural Issues
- Extradition: Extradition Sought for All Violent Felony Warrants, Extradition Declined for 1 to 5 Percent of Violent Felony Warrants, Extradition Declined for 6 to 10 Percent of Violent Felony Warrants, Extradition Declined for 11 to 30 Percent of Violent Felony Warrants, Extradition Declined for Greater than 30 Percent of Violent Felony Warrants
- Jurisdiction: Requires Essential Offense Element, Requires Any Offense Element, Requires Any Part of Offense, Requires Only Detrimental Effect
Maryland
- Punishment Theory and Legality
- Distributive Principles of Criminal Law: Desert as a Distributive Principle, Deterrence as a Distributive Principle, Incapacitation as a Distributive Principle, Rehabilitation as a Correctional Policy, Deontological Desert Distributive Principles, Empirical Desert Distributive Principles, The Principle of Full Offense Proportionality, Full Offense Proportionality Plus Protecting the Blameless, A Partial Offense Proportionality Principle, Partial Offense Proportionality Plus Protecting Blameless, No Proportionality and No Protection of the Blameless
- Habitual Offender Statutes: Life Sentence Only If Offenses Were Violent Crimes, Life Sentence Only If at Least One of the Offenses Was a Specifically Enumerated Offense, Life Sentence Even Though None of Prior Offenses Were Violent Crimes
- Death Penalty: Death Penalty Unavailable, Death Penalty Available, Aggravation for Cruel or Depraved Killing, Aggravation for Killing a Child
- Legality: Offense Must Be Fully Codified; Offense Must Be Legislatively Recognized, but Not All of Its Elements Need to Be Codified; Allow Uncodified Offenses but Limit Punishment for Them; Allow Uncodified Offenses
- Homicide
- Provocation/Extreme Emotional Disturbance: Model Penal Code's Extreme Emotional Disturbance Mitigation, Common-Law Provocation: Words Alone Are Sufficient, Common-Law Provocation: Words Alone Are Sufficient Only If They Report Provocative Act, Common-Law Provocation: Words Alone Are Never Sufficient, No Provocation Mitigation
- Felony Murder: Normal Murder Requirements, Recklessness Required for Felony-Murder Liability, Negligence Required for Felony-Murder Liability, Malice Required for Felony-Murder Liability, No Culpability for Felony-Murder Liability
- Causation: Factual Causal Accountability If Sufficient Concurrent Cause, Factual Causal Accountability If Substantial Concurrent Cause, Have Adopted No Solution to the Factual Cause But-For Test Problem in Concurrent-Cause Cases, Proximate Cause as a Normative Judgment, Proximate Cause as an Apparent Factual Standard
- Liability Doctrines
- Transferred Intent: Transfer Only Intent or Knowledge, Not in Attempt Cases; Transfer All Culpability Levels, Not in Attempt Cases; Transfer Intent or Knowledge Even in Cases of Attempts; Transfer All Levels Even in Cases of Attempts
- Consent to Injury: Consent as a Defense to Even Serious Bodily Injury, Consent as a Defense to Nonserious Injury, Consent Not a Defense to Bodily Injury, Permitting Assistance of Suicide
- Mental Illness and Culpability: Mental Illness Can Negate Any Offense Element, Mental Illness Can Negate Only Specific Intent, Mental Illness Cannot Negate Any Offense Element, Abolish Insanity Defense
- Attempt: Proximity and Intent Required, Proximity Required but Permits Lesser Culpability, Substantial Step Sufficient and Intent Required, Substantial Step Sufficient and Permits Lesser Culpability
- Complicity: Complicity Requires Purpose, Natural and Probable Consequence Rule Rejected; Complicity Requires Purpose, Natural and Probable Consequence Rule Adopted; Complicity Requires Only Knowledges, Natural Probable Consequences Rule Rejected; Complicity Requires Only Knowledge, Natural Probable Consequence Rule Adopted
- Complicity Liability of Coconspirators: Adopts Pinkerton Rule, Rejects Withdrawal Defense; Adopts Pinkerton, Adopts Withdrawal Defense If Positive Steps; Adopts Pinkerton, Adopts Simple Withdrawal Defense; Rejects Pinkerton, Rejects Termination Defense to Complicity; Rejects Pinkerton, Adopts Termination Defense to Complicity
- Justification Defenses
- Lesser Evils/Necessity Defense: Lesser Evils Formulation, Imminence Not Required; Lesser Evils Formulation, Imminence Required; "No Alternative" Formulation, Imminence Not Required; "No Alternative" Formulation, Imminence Required; Lesser Evils/Necessity Defense Not Yet Recognized
- Self Defense: Authorizes Deadly Force Only against Threat of Serious Bodily Injury, Authorizes Deadly Force against Threat of Serious Bodily Injury or Enumerated Serious Felonies, Authorizes Deadly Force against Threat of Most Forcible Felonies, Authorizes Deadly Force against Threat of Any Felony
- Law Enforcement Authority: Defense Only Requires Defendant Believed Force Was Necessary, but Separate Provision Imposes Sliding-Scale Liability for Mistake; Defense Requires Defendant Reasonably Believed Force Was Necessary (Imposing All-or-Nothing Liability); Defense Requires Force Was Actually Necessary, but Provides a Separate Mistake Excuse
- Excuse Defenses
- Insanity Defense: Insanity Defense Abolished, Insanity Defense Requires Complete Loss of Understanding, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Criminality of Conduct, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Wrongfulness of Conduct, Insanity Defense If Offense Is Product of Disease, Insanity Defense Has No Control Prong, Insanity Defense If Irresistible Impulse, Insanity Defense If Substantial Impairment
- Immaturity Defense: 16 and Above, 15, 14, 13, 12, No Minimum Age
- Nonexculpatory Defenses
- Statute of Limitations: Only Murder Is Exempt from the Statute of Limitation, Statute of Limitation Does Not Apply to Any Capital Offense, Statute of Limitation Does Not Apply to Certain Enumerated Felonies, Statute of Limitation Does Not Apply to Any Felonies
- Exclusionary Rule: Exclusionary Rule Rejected, before 1914; Exclusionary Rule Rejected, after 1914; Exclusionary Rule Adopted, before 1961; Had Not Addressed Exclusionary Rule as of 1961
- Entrapment Defense: Defense Available If Not Predisposed, but Not Offense of Violence; Defense Available If Not Predisposed, Even If Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, but Not for Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, Even If Crime of Violence
- Offenses against the Person and Property
- Criminalizing Risk Creation: General Reckless Endangerment Offense, Risking Catastrophe Offense, Reckless Burning Offense
- Statutory Rape: Criminal for Adult to Have Intercourse with a Partner under 16, Criminal for Adult to Have Intercourse with a Partner under 17, Criminal for Adult to Have Intercourse with a Partner under 18, Recognizing a Close-in-Age Exception, No Close-in-Age Exception Recognized
- Domestic Violence: No Martial Rape Exception, Mandatory Arrest; Limited Marital Rape Exception, Mandatory Arrest; No Marital Rape Exception, Presumptive Arrest; Limited Marital Rape Exception, Presumptive Arrest; No Marital Rape Exception, Discretionary Arrest; Limited Rape Exception, Discretionary Arrest
- Stalking and Harassment: Requires Actual Fear or Distress, Punished as a Misdemeanor; Requires Actual Fear or Distress, Punished as a Felony; Enough That Intended or Believed Would Cause Distress, Punished as a Misdemeanor; Enough That Intended or Believed Would Cause Distress, Punished as a Felony
- Child Neglect: Criminalize Only Neglect of General Health or Welfare; Also Criminalize Neglect of "Education"; Also Criminalize Neglect of "Mental" or "Emotional" Health; Also Criminalize Neglect of "Mental" or "Emotional" Health, "Education"
- Deceptive Business Practices: Criminalizes False Advertising and False Measure, Criminalizes False Advertising Only, Criminalizes False Measure Only, Civil Remedies Only
- Extortion: Offender Must Demand Property, Offender May Demand Any Act, Effect of Threat Must Be to Actually Extort, Enough That the Offender Intends to Extort
- Public Order and Decency Offenses
- Adultery: Repealed by 1995; Repealed after 1995; Current Offense, Misdemeanor; Current Offense, Felony
- Criminal Obscenity: No Obscenity Offense; Defines Obscenity as Lacks Serious Value and Prurient Interest; Defines Obscenity as Lacks Serious Value and Prurient Interest, Also Prohibits Devices; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive, Also Prohibits Devices; Obscenity Offense but Leaves Obscenity Undefined
- Child Pornography: Person Depicted Must Be under 16 Years Old, Person Depicted Must Be under 17 Years Old, Person Depicted Must Be under 18 Years Old, Possession Punished the Same as Production or Distribution
- Offenses against the Community
- Drug Offenses: Marijuana Decriminalized; Marijuana a Civil Infraction Only; Misdemeanor, Fine Only; Misdemeanor, Jail; Felony, Jail; Life Imprisonment for Serious Nonviolent Drug Offense; Life without Parole for Serious Nonviolent Drug Offense
- Firearms Possession Offenses: Domestic Abusers Prohibited, Domestic Abusers Not Prohibited, Alcohol Abusers Prohibited, Possession Prohibited by Other Specified Misdemeanors
- Predatory Pricing: No Criminalization of Either Form of Predatory Pricing, Criminalizes Sales Below Cost, Criminalizes Price Discrimination
- Organized Crime: No Organized Crime Offense, Non-RICO Organized Crime Statutes, Asset Forfeiture Only, RICO with 4 to 14 Years Maximum, RICO with 15 to 24 Years Maximum, RICO with 25 Years to Life Maximum
- Fixing Sporting Events: Criminalizes Bribery of Officials or Participants, Criminalizes Only Bribery of Participants, Does Not Criminalize Sports Bribery, Criminalizes Sports Tampering
- Procedural Issues
- Extradition: Extradition Sought for All Violent Felony Warrants, Extradition Declined for 1 to 5 Percent of Violent Felony Warrants, Extradition Declined for 6 to 10 Percent of Violent Felony Warrants, Extradition Declined for 11 to 30 Percent of Violent Felony Warrants, Extradition Declined for Greater than 30 Percent of Violent Felony Warrants
- Jurisdiction: Requires Essential Offense Element, Requires Any Offense Element, Requires Any Part of Offense, Requires Only Detrimental Effect
Massachusetts
- Punishment Theory and Legality
- Distributive Principles of Criminal Law: Desert as a Distributive Principle, Deterrence as a Distributive Principle, Incapacitation as a Distributive Principle, Rehabilitation as a Correctional Policy, Deontological Desert Distributive Principles, Empirical Desert Distributive Principles, The Principle of Full Offense Proportionality, Full Offense Proportionality Plus Protecting the Blameless, A Partial Offense Proportionality Principle, Partial Offense Proportionality Plus Protecting Blameless, No Proportionality and No Protection of the Blameless
- Habitual Offender Statutes: Life Sentence Only If Offenses Were Violent Crimes, Life Sentence Only If at Least One of the Offenses Was a Specifically Enumerated Offense, Life Sentence Even Though None of Prior Offenses Were Violent Crimes
- Death Penalty: Death Penalty Unavailable, Death Penalty Available, Aggravation for Cruel or Depraved Killing, Aggravation for Killing a Child
- Legality: Offense Must Be Fully Codified; Offense Must Be Legislatively Recognized, but Not All of Its Elements Need to Be Codified; Allow Uncodified Offenses but Limit Punishment for Them; Allow Uncodified Offenses
- Homicide
- Provocation/Extreme Emotional Disturbance: Model Penal Code's Extreme Emotional Disturbance Mitigation, Common-Law Provocation: Words Alone Are Sufficient, Common-Law Provocation: Words Alone Are Sufficient Only If They Report Provocative Act, Common-Law Provocation: Words Alone Are Never Sufficient, No Provocation Mitigation
- Felony Murder: Normal Murder Requirements, Recklessness Required for Felony-Murder Liability, Negligence Required for Felony-Murder Liability, Malice Required for Felony-Murder Liability, No Culpability for Felony-Murder Liability
- Causation: Factual Causal Accountability If Sufficient Concurrent Cause, Factual Causal Accountability If Substantial Concurrent Cause, Have Adopted No Solution to the Factual Cause But-For Test Problem in Concurrent-Cause Cases, Proximate Cause as a Normative Judgment, Proximate Cause as an Apparent Factual Standard
- Liability Doctrines
- Transferred Intent: Transfer Only Intent or Knowledge, Not in Attempt Cases; Transfer All Culpability Levels, Not in Attempt Cases; Transfer Intent or Knowledge Even in Cases of Attempts; Transfer All Levels Even in Cases of Attempts
- Consent to Injury: Consent as a Defense to Even Serious Bodily Injury, Consent as a Defense to Nonserious Injury, Consent Not a Defense to Bodily Injury, Permitting Assistance of Suicide
- Mental Illness and Culpability: Mental Illness Can Negate Any Offense Element, Mental Illness Can Negate Only Specific Intent, Mental Illness Cannot Negate Any Offense Element, Abolish Insanity Defense
- Attempt: Proximity and Intent Required, Proximity Required but Permits Lesser Culpability, Substantial Step Sufficient and Intent Required, Substantial Step Sufficient and Permits Lesser Culpability
- Complicity: Complicity Requires Purpose, Natural and Probable Consequence Rule Rejected; Complicity Requires Purpose, Natural and Probable Consequence Rule Adopted; Complicity Requires Only Knowledges, Natural Probable Consequences Rule Rejected; Complicity Requires Only Knowledge, Natural Probable Consequence Rule Adopted
- Complicity Liability of Coconspirators: Adopts Pinkerton Rule, Rejects Withdrawal Defense; Adopts Pinkerton, Adopts Withdrawal Defense If Positive Steps; Adopts Pinkerton, Adopts Simple Withdrawal Defense; Rejects Pinkerton, Rejects Termination Defense to Complicity; Rejects Pinkerton, Adopts Termination Defense to Complicity
- Justification Defenses
- Lesser Evils/Necessity Defense: Lesser Evils Formulation, Imminence Not Required; Lesser Evils Formulation, Imminence Required; "No Alternative" Formulation, Imminence Not Required; "No Alternative" Formulation, Imminence Required; Lesser Evils/Necessity Defense Not Yet Recognized
- Self Defense: Authorizes Deadly Force Only against Threat of Serious Bodily Injury, Authorizes Deadly Force against Threat of Serious Bodily Injury or Enumerated Serious Felonies, Authorizes Deadly Force against Threat of Most Forcible Felonies, Authorizes Deadly Force against Threat of Any Felony
- Law Enforcement Authority: Defense Only Requires Defendant Believed Force Was Necessary, but Separate Provision Imposes Sliding-Scale Liability for Mistake; Defense Requires Defendant Reasonably Believed Force Was Necessary (Imposing All-or-Nothing Liability); Defense Requires Force Was Actually Necessary, but Provides a Separate Mistake Excuse
- Excuse Defenses
- Insanity Defense: Insanity Defense Abolished, Insanity Defense Requires Complete Loss of Understanding, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Criminality of Conduct, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Wrongfulness of Conduct, Insanity Defense If Offense Is Product of Disease, Insanity Defense Has No Control Prong, Insanity Defense If Irresistible Impulse, Insanity Defense If Substantial Impairment
- Immaturity Defense: 16 and Above, 15, 14, 13, 12, No Minimum Age
- Nonexculpatory Defenses
- Statute of Limitations: Only Murder Is Exempt from the Statute of Limitation, Statute of Limitation Does Not Apply to Any Capital Offense, Statute of Limitation Does Not Apply to Certain Enumerated Felonies, Statute of Limitation Does Not Apply to Any Felonies
- Exclusionary Rule: Exclusionary Rule Rejected, before 1914; Exclusionary Rule Rejected, after 1914; Exclusionary Rule Adopted, before 1961; Had Not Addressed Exclusionary Rule as of 1961
- Entrapment Defense: Defense Available If Not Predisposed, but Not Offense of Violence; Defense Available If Not Predisposed, Even If Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, but Not for Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, Even If Crime of Violence
- Offenses against the Person and Property
- Criminalizing Risk Creation: General Reckless Endangerment Offense, Risking Catastrophe Offense, Reckless Burning Offense
- Statutory Rape: Criminal for Adult to Have Intercourse with a Partner under 16, Criminal for Adult to Have Intercourse with a Partner under 17, Criminal for Adult to Have Intercourse with a Partner under 18, Recognizing a Close-in-Age Exception, No Close-in-Age Exception Recognized
- Domestic Violence: No Martial Rape Exception, Mandatory Arrest; Limited Marital Rape Exception, Mandatory Arrest; No Marital Rape Exception, Presumptive Arrest; Limited Marital Rape Exception, Presumptive Arrest; No Marital Rape Exception, Discretionary Arrest; Limited Rape Exception, Discretionary Arrest
- Stalking and Harassment: Requires Actual Fear or Distress, Punished as a Misdemeanor; Requires Actual Fear or Distress, Punished as a Felony; Enough That Intended or Believed Would Cause Distress, Punished as a Misdemeanor; Enough That Intended or Believed Would Cause Distress, Punished as a Felony
- Child Neglect: Criminalize Only Neglect of General Health or Welfare; Also Criminalize Neglect of "Education"; Also Criminalize Neglect of "Mental" or "Emotional" Health; Also Criminalize Neglect of "Mental" or "Emotional" Health, "Education"
- Deceptive Business Practices: Criminalizes False Advertising and False Measure, Criminalizes False Advertising Only, Criminalizes False Measure Only, Civil Remedies Only
- Extortion: Offender Must Demand Property, Offender May Demand Any Act, Effect of Threat Must Be to Actually Extort, Enough That the Offender Intends to Extort
- Public Order and Decency Offenses
- Adultery: Repealed by 1995; Repealed after 1995; Current Offense, Misdemeanor; Current Offense, Felony
- Criminal Obscenity: No Obscenity Offense; Defines Obscenity as Lacks Serious Value and Prurient Interest; Defines Obscenity as Lacks Serious Value and Prurient Interest, Also Prohibits Devices; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive, Also Prohibits Devices; Obscenity Offense but Leaves Obscenity Undefined
- Child Pornography: Person Depicted Must Be under 16 Years Old, Person Depicted Must Be under 17 Years Old, Person Depicted Must Be under 18 Years Old, Possession Punished the Same as Production or Distribution
- Offenses against the Community
- Drug Offenses: Marijuana Decriminalized; Marijuana a Civil Infraction Only; Misdemeanor, Fine Only; Misdemeanor, Jail; Felony, Jail; Life Imprisonment for Serious Nonviolent Drug Offense; Life without Parole for Serious Nonviolent Drug Offense
- Firearms Possession Offenses: Domestic Abusers Prohibited, Domestic Abusers Not Prohibited, Alcohol Abusers Prohibited, Possession Prohibited by Other Specified Misdemeanors
- Predatory Pricing: No Criminalization of Either Form of Predatory Pricing, Criminalizes Sales Below Cost, Criminalizes Price Discrimination
- Organized Crime: No Organized Crime Offense, Non-RICO Organized Crime Statutes, Asset Forfeiture Only, RICO with 4 to 14 Years Maximum, RICO with 15 to 24 Years Maximum, RICO with 25 Years to Life Maximum
- Fixing Sporting Events: Criminalizes Bribery of Officials or Participants, Criminalizes Only Bribery of Participants, Does Not Criminalize Sports Bribery, Criminalizes Sports Tampering
- Procedural Issues
- Extradition: Extradition Sought for All Violent Felony Warrants, Extradition Declined for 1 to 5 Percent of Violent Felony Warrants, Extradition Declined for 6 to 10 Percent of Violent Felony Warrants, Extradition Declined for 11 to 30 Percent of Violent Felony Warrants, Extradition Declined for Greater than 30 Percent of Violent Felony Warrants
- Jurisdiction: Requires Essential Offense Element, Requires Any Offense Element, Requires Any Part of Offense, Requires Only Detrimental Effect
Michigan
- Punishment Theory and Legality
- Distributive Principles of Criminal Law: Desert as a Distributive Principle, Deterrence as a Distributive Principle, Incapacitation as a Distributive Principle, Rehabilitation as a Correctional Policy, Deontological Desert Distributive Principles, Empirical Desert Distributive Principles, The Principle of Full Offense Proportionality, Full Offense Proportionality Plus Protecting the Blameless, A Partial Offense Proportionality Principle, Partial Offense Proportionality Plus Protecting Blameless, No Proportionality and No Protection of the Blameless
- Habitual Offender Statutes: Life Sentence Only If Offenses Were Violent Crimes, Life Sentence Only If at Least One of the Offenses Was a Specifically Enumerated Offense, Life Sentence Even Though None of Prior Offenses Were Violent Crimes
- Death Penalty: Death Penalty Unavailable, Death Penalty Available, Aggravation for Cruel or Depraved Killing, Aggravation for Killing a Child
- Legality: Offense Must Be Fully Codified; Offense Must Be Legislatively Recognized, but Not All of Its Elements Need to Be Codified; Allow Uncodified Offenses but Limit Punishment for Them; Allow Uncodified Offenses
- Homicide
- Provocation/Extreme Emotional Disturbance: Model Penal Code's Extreme Emotional Disturbance Mitigation, Common-Law Provocation: Words Alone Are Sufficient, Common-Law Provocation: Words Alone Are Sufficient Only If They Report Provocative Act, Common-Law Provocation: Words Alone Are Never Sufficient, No Provocation Mitigation
- Felony Murder: Normal Murder Requirements, Recklessness Required for Felony-Murder Liability, Negligence Required for Felony-Murder Liability, Malice Required for Felony-Murder Liability, No Culpability for Felony-Murder Liability
- Causation: Factual Causal Accountability If Sufficient Concurrent Cause, Factual Causal Accountability If Substantial Concurrent Cause, Have Adopted No Solution to the Factual Cause But-For Test Problem in Concurrent-Cause Cases, Proximate Cause as a Normative Judgment, Proximate Cause as an Apparent Factual Standard
- Liability Doctrines
- Transferred Intent: Transfer Only Intent or Knowledge, Not in Attempt Cases; Transfer All Culpability Levels, Not in Attempt Cases; Transfer Intent or Knowledge Even in Cases of Attempts; Transfer All Levels Even in Cases of Attempts
- Consent to Injury: Consent as a Defense to Even Serious Bodily Injury, Consent as a Defense to Nonserious Injury, Consent Not a Defense to Bodily Injury, Permitting Assistance of Suicide
- Mental Illness and Culpability: Mental Illness Can Negate Any Offense Element, Mental Illness Can Negate Only Specific Intent, Mental Illness Cannot Negate Any Offense Element, Abolish Insanity Defense
- Attempt: Proximity and Intent Required, Proximity Required but Permits Lesser Culpability, Substantial Step Sufficient and Intent Required, Substantial Step Sufficient and Permits Lesser Culpability
- Complicity: Complicity Requires Purpose, Natural and Probable Consequence Rule Rejected; Complicity Requires Purpose, Natural and Probable Consequence Rule Adopted; Complicity Requires Only Knowledges, Natural Probable Consequences Rule Rejected; Complicity Requires Only Knowledge, Natural Probable Consequence Rule Adopted
- Complicity Liability of Coconspirators: Adopts Pinkerton Rule, Rejects Withdrawal Defense; Adopts Pinkerton, Adopts Withdrawal Defense If Positive Steps; Adopts Pinkerton, Adopts Simple Withdrawal Defense; Rejects Pinkerton, Rejects Termination Defense to Complicity; Rejects Pinkerton, Adopts Termination Defense to Complicity
- Justification Defenses
- Lesser Evils/Necessity Defense: Lesser Evils Formulation, Imminence Not Required; Lesser Evils Formulation, Imminence Required; "No Alternative" Formulation, Imminence Not Required; "No Alternative" Formulation, Imminence Required; Lesser Evils/Necessity Defense Not Yet Recognized
- Self Defense: Authorizes Deadly Force Only against Threat of Serious Bodily Injury, Authorizes Deadly Force against Threat of Serious Bodily Injury or Enumerated Serious Felonies, Authorizes Deadly Force against Threat of Most Forcible Felonies, Authorizes Deadly Force against Threat of Any Felony
- Law Enforcement Authority: Defense Only Requires Defendant Believed Force Was Necessary, but Separate Provision Imposes Sliding-Scale Liability for Mistake; Defense Requires Defendant Reasonably Believed Force Was Necessary (Imposing All-or-Nothing Liability); Defense Requires Force Was Actually Necessary, but Provides a Separate Mistake Excuse
- Excuse Defenses
- Insanity Defense: Insanity Defense Abolished, Insanity Defense Requires Complete Loss of Understanding, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Criminality of Conduct, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Wrongfulness of Conduct, Insanity Defense If Offense Is Product of Disease, Insanity Defense Has No Control Prong, Insanity Defense If Irresistible Impulse, Insanity Defense If Substantial Impairment
- Immaturity Defense: 16 and Above, 15, 14, 13, 12, No Minimum Age
- Nonexculpatory Defenses
- Statute of Limitations: Only Murder Is Exempt from the Statute of Limitation, Statute of Limitation Does Not Apply to Any Capital Offense, Statute of Limitation Does Not Apply to Certain Enumerated Felonies, Statute of Limitation Does Not Apply to Any Felonies
- Exclusionary Rule: Exclusionary Rule Rejected, before 1914; Exclusionary Rule Rejected, after 1914; Exclusionary Rule Adopted, before 1961; Had Not Addressed Exclusionary Rule as of 1961
- Entrapment Defense: Defense Available If Not Predisposed, but Not Offense of Violence; Defense Available If Not Predisposed, Even If Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, but Not for Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, Even If Crime of Violence
- Offenses against the Person and Property
- Criminalizing Risk Creation: General Reckless Endangerment Offense, Risking Catastrophe Offense, Reckless Burning Offense
- Statutory Rape: Criminal for Adult to Have Intercourse with a Partner under 16, Criminal for Adult to Have Intercourse with a Partner under 17, Criminal for Adult to Have Intercourse with a Partner under 18, Recognizing a Close-in-Age Exception, No Close-in-Age Exception Recognized
- Domestic Violence: No Martial Rape Exception, Mandatory Arrest; Limited Marital Rape Exception, Mandatory Arrest; No Marital Rape Exception, Presumptive Arrest; Limited Marital Rape Exception, Presumptive Arrest; No Marital Rape Exception, Discretionary Arrest; Limited Rape Exception, Discretionary Arrest
- Stalking and Harassment: Requires Actual Fear or Distress, Punished as a Misdemeanor; Requires Actual Fear or Distress, Punished as a Felony; Enough That Intended or Believed Would Cause Distress, Punished as a Misdemeanor; Enough That Intended or Believed Would Cause Distress, Punished as a Felony
- Child Neglect: Criminalize Only Neglect of General Health or Welfare; Also Criminalize Neglect of "Education"; Also Criminalize Neglect of "Mental" or "Emotional" Health; Also Criminalize Neglect of "Mental" or "Emotional" Health, "Education"
- Deceptive Business Practices: Criminalizes False Advertising and False Measure, Criminalizes False Advertising Only, Criminalizes False Measure Only, Civil Remedies Only
- Extortion: Offender Must Demand Property, Offender May Demand Any Act, Effect of Threat Must Be to Actually Extort, Enough That the Offender Intends to Extort
- Public Order and Decency Offenses
- Adultery: Repealed by 1995; Repealed after 1995; Current Offense, Misdemeanor; Current Offense, Felony
- Criminal Obscenity: No Obscenity Offense; Defines Obscenity as Lacks Serious Value and Prurient Interest; Defines Obscenity as Lacks Serious Value and Prurient Interest, Also Prohibits Devices; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive, Also Prohibits Devices; Obscenity Offense but Leaves Obscenity Undefined
- Child Pornography: Person Depicted Must Be under 16 Years Old, Person Depicted Must Be under 17 Years Old, Person Depicted Must Be under 18 Years Old, Possession Punished the Same as Production or Distribution
- Offenses against the Community
- Drug Offenses: Marijuana Decriminalized; Marijuana a Civil Infraction Only; Misdemeanor, Fine Only; Misdemeanor, Jail; Felony, Jail; Life Imprisonment for Serious Nonviolent Drug Offense; Life without Parole for Serious Nonviolent Drug Offense
- Firearms Possession Offenses: Domestic Abusers Prohibited, Domestic Abusers Not Prohibited, Alcohol Abusers Prohibited, Possession Prohibited by Other Specified Misdemeanors
- Predatory Pricing: No Criminalization of Either Form of Predatory Pricing, Criminalizes Sales Below Cost, Criminalizes Price Discrimination
- Organized Crime: No Organized Crime Offense, Non-RICO Organized Crime Statutes, Asset Forfeiture Only, RICO with 4 to 14 Years Maximum, RICO with 15 to 24 Years Maximum, RICO with 25 Years to Life Maximum
- Fixing Sporting Events: Criminalizes Bribery of Officials or Participants, Criminalizes Only Bribery of Participants, Does Not Criminalize Sports Bribery, Criminalizes Sports Tampering
- Procedural Issues
- Extradition: Extradition Sought for All Violent Felony Warrants, Extradition Declined for 1 to 5 Percent of Violent Felony Warrants, Extradition Declined for 6 to 10 Percent of Violent Felony Warrants, Extradition Declined for 11 to 30 Percent of Violent Felony Warrants, Extradition Declined for Greater than 30 Percent of Violent Felony Warrants
- Jurisdiction: Requires Essential Offense Element, Requires Any Offense Element, Requires Any Part of Offense, Requires Only Detrimental Effect
Minnesota
- Punishment Theory and Legality
- Distributive Principles of Criminal Law: Desert as a Distributive Principle, Deterrence as a Distributive Principle, Incapacitation as a Distributive Principle, Rehabilitation as a Correctional Policy, Deontological Desert Distributive Principles, Empirical Desert Distributive Principles, The Principle of Full Offense Proportionality, Full Offense Proportionality Plus Protecting the Blameless, A Partial Offense Proportionality Principle, Partial Offense Proportionality Plus Protecting Blameless, No Proportionality and No Protection of the Blameless
- Habitual Offender Statutes: Life Sentence Only If Offenses Were Violent Crimes, Life Sentence Only If at Least One of the Offenses Was a Specifically Enumerated Offense, Life Sentence Even Though None of Prior Offenses Were Violent Crimes
- Death Penalty: Death Penalty Unavailable, Death Penalty Available, Aggravation for Cruel or Depraved Killing, Aggravation for Killing a Child
- Legality: Offense Must Be Fully Codified; Offense Must Be Legislatively Recognized, but Not All of Its Elements Need to Be Codified; Allow Uncodified Offenses but Limit Punishment for Them; Allow Uncodified Offenses
- Homicide
- Provocation/Extreme Emotional Disturbance: Model Penal Code's Extreme Emotional Disturbance Mitigation, Common-Law Provocation: Words Alone Are Sufficient, Common-Law Provocation: Words Alone Are Sufficient Only If They Report Provocative Act, Common-Law Provocation: Words Alone Are Never Sufficient, No Provocation Mitigation
- Felony Murder: Normal Murder Requirements, Recklessness Required for Felony-Murder Liability, Negligence Required for Felony-Murder Liability, Malice Required for Felony-Murder Liability, No Culpability for Felony-Murder Liability
- Causation: Factual Causal Accountability If Sufficient Concurrent Cause, Factual Causal Accountability If Substantial Concurrent Cause, Have Adopted No Solution to the Factual Cause But-For Test Problem in Concurrent-Cause Cases, Proximate Cause as a Normative Judgment, Proximate Cause as an Apparent Factual Standard
- Liability Doctrines
- Transferred Intent: Transfer Only Intent or Knowledge, Not in Attempt Cases; Transfer All Culpability Levels, Not in Attempt Cases; Transfer Intent or Knowledge Even in Cases of Attempts; Transfer All Levels Even in Cases of Attempts
- Consent to Injury: Consent as a Defense to Even Serious Bodily Injury, Consent as a Defense to Nonserious Injury, Consent Not a Defense to Bodily Injury, Permitting Assistance of Suicide
- Mental Illness and Culpability: Mental Illness Can Negate Any Offense Element, Mental Illness Can Negate Only Specific Intent, Mental Illness Cannot Negate Any Offense Element, Abolish Insanity Defense
- Attempt: Proximity and Intent Required, Proximity Required but Permits Lesser Culpability, Substantial Step Sufficient and Intent Required, Substantial Step Sufficient and Permits Lesser Culpability
- Complicity: Complicity Requires Purpose, Natural and Probable Consequence Rule Rejected; Complicity Requires Purpose, Natural and Probable Consequence Rule Adopted; Complicity Requires Only Knowledges, Natural Probable Consequences Rule Rejected; Complicity Requires Only Knowledge, Natural Probable Consequence Rule Adopted
- Complicity Liability of Coconspirators: Adopts Pinkerton Rule, Rejects Withdrawal Defense; Adopts Pinkerton, Adopts Withdrawal Defense If Positive Steps; Adopts Pinkerton, Adopts Simple Withdrawal Defense; Rejects Pinkerton, Rejects Termination Defense to Complicity; Rejects Pinkerton, Adopts Termination Defense to Complicity
- Justification Defenses
- Lesser Evils/Necessity Defense: Lesser Evils Formulation, Imminence Not Required; Lesser Evils Formulation, Imminence Required; "No Alternative" Formulation, Imminence Not Required; "No Alternative" Formulation, Imminence Required; Lesser Evils/Necessity Defense Not Yet Recognized
- Self Defense: Authorizes Deadly Force Only against Threat of Serious Bodily Injury, Authorizes Deadly Force against Threat of Serious Bodily Injury or Enumerated Serious Felonies, Authorizes Deadly Force against Threat of Most Forcible Felonies, Authorizes Deadly Force against Threat of Any Felony
- Law Enforcement Authority: Defense Only Requires Defendant Believed Force Was Necessary, but Separate Provision Imposes Sliding-Scale Liability for Mistake; Defense Requires Defendant Reasonably Believed Force Was Necessary (Imposing All-or-Nothing Liability); Defense Requires Force Was Actually Necessary, but Provides a Separate Mistake Excuse
- Excuse Defenses
- Insanity Defense: Insanity Defense Abolished, Insanity Defense Requires Complete Loss of Understanding, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Criminality of Conduct, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Wrongfulness of Conduct, Insanity Defense If Offense Is Product of Disease, Insanity Defense Has No Control Prong, Insanity Defense If Irresistible Impulse, Insanity Defense If Substantial Impairment
- Immaturity Defense: 16 and Above, 15, 14, 13, 12, No Minimum Age
- Nonexculpatory Defenses
- Statute of Limitations: Only Murder Is Exempt from the Statute of Limitation, Statute of Limitation Does Not Apply to Any Capital Offense, Statute of Limitation Does Not Apply to Certain Enumerated Felonies, Statute of Limitation Does Not Apply to Any Felonies
- Exclusionary Rule: Exclusionary Rule Rejected, before 1914; Exclusionary Rule Rejected, after 1914; Exclusionary Rule Adopted, before 1961; Had Not Addressed Exclusionary Rule as of 1961
- Entrapment Defense: Defense Available If Not Predisposed, but Not Offense of Violence; Defense Available If Not Predisposed, Even If Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, but Not for Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, Even If Crime of Violence
- Offenses against the Person and Property
- Criminalizing Risk Creation: General Reckless Endangerment Offense, Risking Catastrophe Offense, Reckless Burning Offense
- Statutory Rape: Criminal for Adult to Have Intercourse with a Partner under 16, Criminal for Adult to Have Intercourse with a Partner under 17, Criminal for Adult to Have Intercourse with a Partner under 18, Recognizing a Close-in-Age Exception, No Close-in-Age Exception Recognized
- Domestic Violence: No Martial Rape Exception, Mandatory Arrest; Limited Marital Rape Exception, Mandatory Arrest; No Marital Rape Exception, Presumptive Arrest; Limited Marital Rape Exception, Presumptive Arrest; No Marital Rape Exception, Discretionary Arrest; Limited Rape Exception, Discretionary Arrest
- Stalking and Harassment: Requires Actual Fear or Distress, Punished as a Misdemeanor; Requires Actual Fear or Distress, Punished as a Felony; Enough That Intended or Believed Would Cause Distress, Punished as a Misdemeanor; Enough That Intended or Believed Would Cause Distress, Punished as a Felony
- Child Neglect: Criminalize Only Neglect of General Health or Welfare; Also Criminalize Neglect of "Education"; Also Criminalize Neglect of "Mental" or "Emotional" Health; Also Criminalize Neglect of "Mental" or "Emotional" Health, "Education"
- Deceptive Business Practices: Criminalizes False Advertising and False Measure, Criminalizes False Advertising Only, Criminalizes False Measure Only, Civil Remedies Only
- Extortion: Offender Must Demand Property, Offender May Demand Any Act, Effect of Threat Must Be to Actually Extort, Enough That the Offender Intends to Extort
- Public Order and Decency Offenses
- Adultery: Repealed by 1995; Repealed after 1995; Current Offense, Misdemeanor; Current Offense, Felony
- Criminal Obscenity: No Obscenity Offense; Defines Obscenity as Lacks Serious Value and Prurient Interest; Defines Obscenity as Lacks Serious Value and Prurient Interest, Also Prohibits Devices; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive, Also Prohibits Devices; Obscenity Offense but Leaves Obscenity Undefined
- Child Pornography: Person Depicted Must Be under 16 Years Old, Person Depicted Must Be under 17 Years Old, Person Depicted Must Be under 18 Years Old, Possession Punished the Same as Production or Distribution
- Offenses against the Community
- Drug Offenses: Marijuana Decriminalized; Marijuana a Civil Infraction Only; Misdemeanor, Fine Only; Misdemeanor, Jail; Felony, Jail; Life Imprisonment for Serious Nonviolent Drug Offense; Life without Parole for Serious Nonviolent Drug Offense
- Firearms Possession Offenses: Domestic Abusers Prohibited, Domestic Abusers Not Prohibited, Alcohol Abusers Prohibited, Possession Prohibited by Other Specified Misdemeanors
- Predatory Pricing: No Criminalization of Either Form of Predatory Pricing, Criminalizes Sales Below Cost, Criminalizes Price Discrimination
- Organized Crime: No Organized Crime Offense, Non-RICO Organized Crime Statutes, Asset Forfeiture Only, RICO with 4 to 14 Years Maximum, RICO with 15 to 24 Years Maximum, RICO with 25 Years to Life Maximum
- Fixing Sporting Events: Criminalizes Bribery of Officials or Participants, Criminalizes Only Bribery of Participants, Does Not Criminalize Sports Bribery, Criminalizes Sports Tampering
- Procedural Issues
- Extradition: Extradition Sought for All Violent Felony Warrants, Extradition Declined for 1 to 5 Percent of Violent Felony Warrants, Extradition Declined for 6 to 10 Percent of Violent Felony Warrants, Extradition Declined for 11 to 30 Percent of Violent Felony Warrants, Extradition Declined for Greater than 30 Percent of Violent Felony Warrants
- Jurisdiction: Requires Essential Offense Element, Requires Any Offense Element, Requires Any Part of Offense, Requires Only Detrimental Effect
Mississippi
- Punishment Theory and Legality
- Distributive Principles of Criminal Law: Desert as a Distributive Principle, Deterrence as a Distributive Principle, Incapacitation as a Distributive Principle, Rehabilitation as a Correctional Policy, Deontological Desert Distributive Principles, Empirical Desert Distributive Principles, The Principle of Full Offense Proportionality, Full Offense Proportionality Plus Protecting the Blameless, A Partial Offense Proportionality Principle, Partial Offense Proportionality Plus Protecting Blameless, No Proportionality and No Protection of the Blameless
- Habitual Offender Statutes: Life Sentence Only If Offenses Were Violent Crimes, Life Sentence Only If at Least One of the Offenses Was a Specifically Enumerated Offense, Life Sentence Even Though None of Prior Offenses Were Violent Crimes
- Death Penalty: Death Penalty Unavailable, Death Penalty Available, Aggravation for Cruel or Depraved Killing, Aggravation for Killing a Child
- Legality: Offense Must Be Fully Codified; Offense Must Be Legislatively Recognized, but Not All of Its Elements Need to Be Codified; Allow Uncodified Offenses but Limit Punishment for Them; Allow Uncodified Offenses
- Homicide
- Provocation/Extreme Emotional Disturbance: Model Penal Code's Extreme Emotional Disturbance Mitigation, Common-Law Provocation: Words Alone Are Sufficient, Common-Law Provocation: Words Alone Are Sufficient Only If They Report Provocative Act, Common-Law Provocation: Words Alone Are Never Sufficient, No Provocation Mitigation
- Felony Murder: Normal Murder Requirements, Recklessness Required for Felony-Murder Liability, Negligence Required for Felony-Murder Liability, Malice Required for Felony-Murder Liability, No Culpability for Felony-Murder Liability
- Causation: Factual Causal Accountability If Sufficient Concurrent Cause, Factual Causal Accountability If Substantial Concurrent Cause, Have Adopted No Solution to the Factual Cause But-For Test Problem in Concurrent-Cause Cases, Proximate Cause as a Normative Judgment, Proximate Cause as an Apparent Factual Standard
- Liability Doctrines
- Transferred Intent: Transfer Only Intent or Knowledge, Not in Attempt Cases; Transfer All Culpability Levels, Not in Attempt Cases; Transfer Intent or Knowledge Even in Cases of Attempts; Transfer All Levels Even in Cases of Attempts
- Consent to Injury: Consent as a Defense to Even Serious Bodily Injury, Consent as a Defense to Nonserious Injury, Consent Not a Defense to Bodily Injury, Permitting Assistance of Suicide
- Mental Illness and Culpability: Mental Illness Can Negate Any Offense Element, Mental Illness Can Negate Only Specific Intent, Mental Illness Cannot Negate Any Offense Element, Abolish Insanity Defense
- Attempt: Proximity and Intent Required, Proximity Required but Permits Lesser Culpability, Substantial Step Sufficient and Intent Required, Substantial Step Sufficient and Permits Lesser Culpability
- Complicity: Complicity Requires Purpose, Natural and Probable Consequence Rule Rejected; Complicity Requires Purpose, Natural and Probable Consequence Rule Adopted; Complicity Requires Only Knowledges, Natural Probable Consequences Rule Rejected; Complicity Requires Only Knowledge, Natural Probable Consequence Rule Adopted
- Complicity Liability of Coconspirators: Adopts Pinkerton Rule, Rejects Withdrawal Defense; Adopts Pinkerton, Adopts Withdrawal Defense If Positive Steps; Adopts Pinkerton, Adopts Simple Withdrawal Defense; Rejects Pinkerton, Rejects Termination Defense to Complicity; Rejects Pinkerton, Adopts Termination Defense to Complicity
- Justification Defenses
- Lesser Evils/Necessity Defense: Lesser Evils Formulation, Imminence Not Required; Lesser Evils Formulation, Imminence Required; "No Alternative" Formulation, Imminence Not Required; "No Alternative" Formulation, Imminence Required; Lesser Evils/Necessity Defense Not Yet Recognized
- Self Defense: Authorizes Deadly Force Only against Threat of Serious Bodily Injury, Authorizes Deadly Force against Threat of Serious Bodily Injury or Enumerated Serious Felonies, Authorizes Deadly Force against Threat of Most Forcible Felonies, Authorizes Deadly Force against Threat of Any Felony
- Law Enforcement Authority: Defense Only Requires Defendant Believed Force Was Necessary, but Separate Provision Imposes Sliding-Scale Liability for Mistake; Defense Requires Defendant Reasonably Believed Force Was Necessary (Imposing All-or-Nothing Liability); Defense Requires Force Was Actually Necessary, but Provides a Separate Mistake Excuse
- Excuse Defenses
- Insanity Defense: Insanity Defense Abolished, Insanity Defense Requires Complete Loss of Understanding, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Criminality of Conduct, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Wrongfulness of Conduct, Insanity Defense If Offense Is Product of Disease, Insanity Defense Has No Control Prong, Insanity Defense If Irresistible Impulse, Insanity Defense If Substantial Impairment
- Immaturity Defense: 16 and Above, 15, 14, 13, 12, No Minimum Age
- Nonexculpatory Defenses
- Statute of Limitations: Only Murder Is Exempt from the Statute of Limitation, Statute of Limitation Does Not Apply to Any Capital Offense, Statute of Limitation Does Not Apply to Certain Enumerated Felonies, Statute of Limitation Does Not Apply to Any Felonies
- Exclusionary Rule: Exclusionary Rule Rejected, before 1914; Exclusionary Rule Rejected, after 1914; Exclusionary Rule Adopted, before 1961; Had Not Addressed Exclusionary Rule as of 1961
- Entrapment Defense: Defense Available If Not Predisposed, but Not Offense of Violence; Defense Available If Not Predisposed, Even If Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, but Not for Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, Even If Crime of Violence
- Offenses against the Person and Property
- Criminalizing Risk Creation: General Reckless Endangerment Offense, Risking Catastrophe Offense, Reckless Burning Offense
- Statutory Rape: Criminal for Adult to Have Intercourse with a Partner under 16, Criminal for Adult to Have Intercourse with a Partner under 17, Criminal for Adult to Have Intercourse with a Partner under 18, Recognizing a Close-in-Age Exception, No Close-in-Age Exception Recognized
- Domestic Violence: No Martial Rape Exception, Mandatory Arrest; Limited Marital Rape Exception, Mandatory Arrest; No Marital Rape Exception, Presumptive Arrest; Limited Marital Rape Exception, Presumptive Arrest; No Marital Rape Exception, Discretionary Arrest; Limited Rape Exception, Discretionary Arrest
- Stalking and Harassment: Requires Actual Fear or Distress, Punished as a Misdemeanor; Requires Actual Fear or Distress, Punished as a Felony; Enough That Intended or Believed Would Cause Distress, Punished as a Misdemeanor; Enough That Intended or Believed Would Cause Distress, Punished as a Felony
- Child Neglect: Criminalize Only Neglect of General Health or Welfare; Also Criminalize Neglect of "Education"; Also Criminalize Neglect of "Mental" or "Emotional" Health; Also Criminalize Neglect of "Mental" or "Emotional" Health, "Education"
- Deceptive Business Practices: Criminalizes False Advertising and False Measure, Criminalizes False Advertising Only, Criminalizes False Measure Only, Civil Remedies Only
- Extortion: Offender Must Demand Property, Offender May Demand Any Act, Effect of Threat Must Be to Actually Extort, Enough That the Offender Intends to Extort
- Public Order and Decency Offenses
- Adultery: Repealed by 1995; Repealed after 1995; Current Offense, Misdemeanor; Current Offense, Felony
- Criminal Obscenity: No Obscenity Offense; Defines Obscenity as Lacks Serious Value and Prurient Interest; Defines Obscenity as Lacks Serious Value and Prurient Interest, Also Prohibits Devices; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive, Also Prohibits Devices; Obscenity Offense but Leaves Obscenity Undefined
- Child Pornography: Person Depicted Must Be under 16 Years Old, Person Depicted Must Be under 17 Years Old, Person Depicted Must Be under 18 Years Old, Possession Punished the Same as Production or Distribution
- Offenses against the Community
- Drug Offenses: Marijuana Decriminalized; Marijuana a Civil Infraction Only; Misdemeanor, Fine Only; Misdemeanor, Jail; Felony, Jail; Life Imprisonment for Serious Nonviolent Drug Offense; Life without Parole for Serious Nonviolent Drug Offense
- Firearms Possession Offenses: Domestic Abusers Prohibited, Domestic Abusers Not Prohibited, Alcohol Abusers Prohibited, Possession Prohibited by Other Specified Misdemeanors
- Predatory Pricing: No Criminalization of Either Form of Predatory Pricing, Criminalizes Sales Below Cost, Criminalizes Price Discrimination
- Organized Crime: No Organized Crime Offense, Non-RICO Organized Crime Statutes, Asset Forfeiture Only, RICO with 4 to 14 Years Maximum, RICO with 15 to 24 Years Maximum, RICO with 25 Years to Life Maximum
- Fixing Sporting Events: Criminalizes Bribery of Officials or Participants, Criminalizes Only Bribery of Participants, Does Not Criminalize Sports Bribery, Criminalizes Sports Tampering
- Procedural Issues
- Extradition: Extradition Sought for All Violent Felony Warrants, Extradition Declined for 1 to 5 Percent of Violent Felony Warrants, Extradition Declined for 6 to 10 Percent of Violent Felony Warrants, Extradition Declined for 11 to 30 Percent of Violent Felony Warrants, Extradition Declined for Greater than 30 Percent of Violent Felony Warrants
- Jurisdiction: Requires Essential Offense Element, Requires Any Offense Element, Requires Any Part of Offense, Requires Only Detrimental Effect
Missouri
- Punishment Theory and Legality
- Distributive Principles of Criminal Law: Desert as a Distributive Principle, Deterrence as a Distributive Principle, Incapacitation as a Distributive Principle, Rehabilitation as a Correctional Policy, Deontological Desert Distributive Principles, Empirical Desert Distributive Principles, The Principle of Full Offense Proportionality, Full Offense Proportionality Plus Protecting the Blameless, A Partial Offense Proportionality Principle, Partial Offense Proportionality Plus Protecting Blameless, No Proportionality and No Protection of the Blameless
- Habitual Offender Statutes: Life Sentence Only If Offenses Were Violent Crimes, Life Sentence Only If at Least One of the Offenses Was a Specifically Enumerated Offense, Life Sentence Even Though None of Prior Offenses Were Violent Crimes
- Death Penalty: Death Penalty Unavailable, Death Penalty Available, Aggravation for Cruel or Depraved Killing, Aggravation for Killing a Child
- Legality: Offense Must Be Fully Codified; Offense Must Be Legislatively Recognized, but Not All of Its Elements Need to Be Codified; Allow Uncodified Offenses but Limit Punishment for Them; Allow Uncodified Offenses
- Homicide
- Provocation/Extreme Emotional Disturbance: Model Penal Code's Extreme Emotional Disturbance Mitigation, Common-Law Provocation: Words Alone Are Sufficient, Common-Law Provocation: Words Alone Are Sufficient Only If They Report Provocative Act, Common-Law Provocation: Words Alone Are Never Sufficient, No Provocation Mitigation
- Felony Murder: Normal Murder Requirements, Recklessness Required for Felony-Murder Liability, Negligence Required for Felony-Murder Liability, Malice Required for Felony-Murder Liability, No Culpability for Felony-Murder Liability
- Causation: Factual Causal Accountability If Sufficient Concurrent Cause, Factual Causal Accountability If Substantial Concurrent Cause, Have Adopted No Solution to the Factual Cause But-For Test Problem in Concurrent-Cause Cases, Proximate Cause as a Normative Judgment, Proximate Cause as an Apparent Factual Standard
- Liability Doctrines
- Transferred Intent: Transfer Only Intent or Knowledge, Not in Attempt Cases; Transfer All Culpability Levels, Not in Attempt Cases; Transfer Intent or Knowledge Even in Cases of Attempts; Transfer All Levels Even in Cases of Attempts
- Consent to Injury: Consent as a Defense to Even Serious Bodily Injury, Consent as a Defense to Nonserious Injury, Consent Not a Defense to Bodily Injury, Permitting Assistance of Suicide
- Mental Illness and Culpability: Mental Illness Can Negate Any Offense Element, Mental Illness Can Negate Only Specific Intent, Mental Illness Cannot Negate Any Offense Element, Abolish Insanity Defense
- Attempt: Proximity and Intent Required, Proximity Required but Permits Lesser Culpability, Substantial Step Sufficient and Intent Required, Substantial Step Sufficient and Permits Lesser Culpability
- Complicity: Complicity Requires Purpose, Natural and Probable Consequence Rule Rejected; Complicity Requires Purpose, Natural and Probable Consequence Rule Adopted; Complicity Requires Only Knowledges, Natural Probable Consequences Rule Rejected; Complicity Requires Only Knowledge, Natural Probable Consequence Rule Adopted
- Complicity Liability of Coconspirators: Adopts Pinkerton Rule, Rejects Withdrawal Defense; Adopts Pinkerton, Adopts Withdrawal Defense If Positive Steps; Adopts Pinkerton, Adopts Simple Withdrawal Defense; Rejects Pinkerton, Rejects Termination Defense to Complicity; Rejects Pinkerton, Adopts Termination Defense to Complicity
- Justification Defenses
- Lesser Evils/Necessity Defense: Lesser Evils Formulation, Imminence Not Required; Lesser Evils Formulation, Imminence Required; "No Alternative" Formulation, Imminence Not Required; "No Alternative" Formulation, Imminence Required; Lesser Evils/Necessity Defense Not Yet Recognized
- Self Defense: Authorizes Deadly Force Only against Threat of Serious Bodily Injury, Authorizes Deadly Force against Threat of Serious Bodily Injury or Enumerated Serious Felonies, Authorizes Deadly Force against Threat of Most Forcible Felonies, Authorizes Deadly Force against Threat of Any Felony
- Law Enforcement Authority: Defense Only Requires Defendant Believed Force Was Necessary, but Separate Provision Imposes Sliding-Scale Liability for Mistake; Defense Requires Defendant Reasonably Believed Force Was Necessary (Imposing All-or-Nothing Liability); Defense Requires Force Was Actually Necessary, but Provides a Separate Mistake Excuse
- Excuse Defenses
- Insanity Defense: Insanity Defense Abolished, Insanity Defense Requires Complete Loss of Understanding, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Criminality of Conduct, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Wrongfulness of Conduct, Insanity Defense If Offense Is Product of Disease, Insanity Defense Has No Control Prong, Insanity Defense If Irresistible Impulse, Insanity Defense If Substantial Impairment
- Immaturity Defense: 16 and Above, 15, 14, 13, 12, No Minimum Age
- Nonexculpatory Defenses
- Statute of Limitations: Only Murder Is Exempt from the Statute of Limitation, Statute of Limitation Does Not Apply to Any Capital Offense, Statute of Limitation Does Not Apply to Certain Enumerated Felonies, Statute of Limitation Does Not Apply to Any Felonies
- Exclusionary Rule: Exclusionary Rule Rejected, before 1914; Exclusionary Rule Rejected, after 1914; Exclusionary Rule Adopted, before 1961; Had Not Addressed Exclusionary Rule as of 1961
- Entrapment Defense: Defense Available If Not Predisposed, but Not Offense of Violence; Defense Available If Not Predisposed, Even If Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, but Not for Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, Even If Crime of Violence
- Offenses against the Person and Property
- Criminalizing Risk Creation: General Reckless Endangerment Offense, Risking Catastrophe Offense, Reckless Burning Offense
- Statutory Rape: Criminal for Adult to Have Intercourse with a Partner under 16, Criminal for Adult to Have Intercourse with a Partner under 17, Criminal for Adult to Have Intercourse with a Partner under 18, Recognizing a Close-in-Age Exception, No Close-in-Age Exception Recognized
- Domestic Violence: No Martial Rape Exception, Mandatory Arrest; Limited Marital Rape Exception, Mandatory Arrest; No Marital Rape Exception, Presumptive Arrest; Limited Marital Rape Exception, Presumptive Arrest; No Marital Rape Exception, Discretionary Arrest; Limited Rape Exception, Discretionary Arrest
- Stalking and Harassment: Requires Actual Fear or Distress, Punished as a Misdemeanor; Requires Actual Fear or Distress, Punished as a Felony; Enough That Intended or Believed Would Cause Distress, Punished as a Misdemeanor; Enough That Intended or Believed Would Cause Distress, Punished as a Felony
- Child Neglect: Criminalize Only Neglect of General Health or Welfare; Also Criminalize Neglect of "Education"; Also Criminalize Neglect of "Mental" or "Emotional" Health; Also Criminalize Neglect of "Mental" or "Emotional" Health, "Education"
- Deceptive Business Practices: Criminalizes False Advertising and False Measure, Criminalizes False Advertising Only, Criminalizes False Measure Only, Civil Remedies Only
- Extortion: Offender Must Demand Property, Offender May Demand Any Act, Effect of Threat Must Be to Actually Extort, Enough That the Offender Intends to Extort
- Public Order and Decency Offenses
- Adultery: Repealed by 1995; Repealed after 1995; Current Offense, Misdemeanor; Current Offense, Felony
- Criminal Obscenity: No Obscenity Offense; Defines Obscenity as Lacks Serious Value and Prurient Interest; Defines Obscenity as Lacks Serious Value and Prurient Interest, Also Prohibits Devices; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive, Also Prohibits Devices; Obscenity Offense but Leaves Obscenity Undefined
- Child Pornography: Person Depicted Must Be under 16 Years Old, Person Depicted Must Be under 17 Years Old, Person Depicted Must Be under 18 Years Old, Possession Punished the Same as Production or Distribution
- Offenses against the Community
- Drug Offenses: Marijuana Decriminalized; Marijuana a Civil Infraction Only; Misdemeanor, Fine Only; Misdemeanor, Jail; Felony, Jail; Life Imprisonment for Serious Nonviolent Drug Offense; Life without Parole for Serious Nonviolent Drug Offense
- Firearms Possession Offenses: Domestic Abusers Prohibited, Domestic Abusers Not Prohibited, Alcohol Abusers Prohibited, Possession Prohibited by Other Specified Misdemeanors
- Predatory Pricing: No Criminalization of Either Form of Predatory Pricing, Criminalizes Sales Below Cost, Criminalizes Price Discrimination
- Organized Crime: No Organized Crime Offense, Non-RICO Organized Crime Statutes, Asset Forfeiture Only, RICO with 4 to 14 Years Maximum, RICO with 15 to 24 Years Maximum, RICO with 25 Years to Life Maximum
- Fixing Sporting Events: Criminalizes Bribery of Officials or Participants, Criminalizes Only Bribery of Participants, Does Not Criminalize Sports Bribery, Criminalizes Sports Tampering
- Procedural Issues
- Extradition: Extradition Sought for All Violent Felony Warrants, Extradition Declined for 1 to 5 Percent of Violent Felony Warrants, Extradition Declined for 6 to 10 Percent of Violent Felony Warrants, Extradition Declined for 11 to 30 Percent of Violent Felony Warrants, Extradition Declined for Greater than 30 Percent of Violent Felony Warrants
- Jurisdiction: Requires Essential Offense Element, Requires Any Offense Element, Requires Any Part of Offense, Requires Only Detrimental Effect
Montana
- Punishment Theory and Legality
- Distributive Principles of Criminal Law: Desert as a Distributive Principle, Deterrence as a Distributive Principle, Incapacitation as a Distributive Principle, Rehabilitation as a Correctional Policy, Deontological Desert Distributive Principles, Empirical Desert Distributive Principles, The Principle of Full Offense Proportionality, Full Offense Proportionality Plus Protecting the Blameless, A Partial Offense Proportionality Principle, Partial Offense Proportionality Plus Protecting Blameless, No Proportionality and No Protection of the Blameless
- Habitual Offender Statutes: Life Sentence Only If Offenses Were Violent Crimes, Life Sentence Only If at Least One of the Offenses Was a Specifically Enumerated Offense, Life Sentence Even Though None of Prior Offenses Were Violent Crimes
- Death Penalty: Death Penalty Unavailable, Death Penalty Available, Aggravation for Cruel or Depraved Killing, Aggravation for Killing a Child
- Legality: Offense Must Be Fully Codified; Offense Must Be Legislatively Recognized, but Not All of Its Elements Need to Be Codified; Allow Uncodified Offenses but Limit Punishment for Them; Allow Uncodified Offenses
- Homicide
- Provocation/Extreme Emotional Disturbance: Model Penal Code's Extreme Emotional Disturbance Mitigation, Common-Law Provocation: Words Alone Are Sufficient, Common-Law Provocation: Words Alone Are Sufficient Only If They Report Provocative Act, Common-Law Provocation: Words Alone Are Never Sufficient, No Provocation Mitigation
- Felony Murder: Normal Murder Requirements, Recklessness Required for Felony-Murder Liability, Negligence Required for Felony-Murder Liability, Malice Required for Felony-Murder Liability, No Culpability for Felony-Murder Liability
- Causation: Factual Causal Accountability If Sufficient Concurrent Cause, Factual Causal Accountability If Substantial Concurrent Cause, Have Adopted No Solution to the Factual Cause But-For Test Problem in Concurrent-Cause Cases, Proximate Cause as a Normative Judgment, Proximate Cause as an Apparent Factual Standard
- Liability Doctrines
- Transferred Intent: Transfer Only Intent or Knowledge, Not in Attempt Cases; Transfer All Culpability Levels, Not in Attempt Cases; Transfer Intent or Knowledge Even in Cases of Attempts; Transfer All Levels Even in Cases of Attempts
- Consent to Injury: Consent as a Defense to Even Serious Bodily Injury, Consent as a Defense to Nonserious Injury, Consent Not a Defense to Bodily Injury, Permitting Assistance of Suicide
- Mental Illness and Culpability: Mental Illness Can Negate Any Offense Element, Mental Illness Can Negate Only Specific Intent, Mental Illness Cannot Negate Any Offense Element, Abolish Insanity Defense
- Attempt: Proximity and Intent Required, Proximity Required but Permits Lesser Culpability, Substantial Step Sufficient and Intent Required, Substantial Step Sufficient and Permits Lesser Culpability
- Complicity: Complicity Requires Purpose, Natural and Probable Consequence Rule Rejected; Complicity Requires Purpose, Natural and Probable Consequence Rule Adopted; Complicity Requires Only Knowledges, Natural Probable Consequences Rule Rejected; Complicity Requires Only Knowledge, Natural Probable Consequence Rule Adopted
- Complicity Liability of Coconspirators: Adopts Pinkerton Rule, Rejects Withdrawal Defense; Adopts Pinkerton, Adopts Withdrawal Defense If Positive Steps; Adopts Pinkerton, Adopts Simple Withdrawal Defense; Rejects Pinkerton, Rejects Termination Defense to Complicity; Rejects Pinkerton, Adopts Termination Defense to Complicity
- Justification Defenses
- Lesser Evils/Necessity Defense: Lesser Evils Formulation, Imminence Not Required; Lesser Evils Formulation, Imminence Required; "No Alternative" Formulation, Imminence Not Required; "No Alternative" Formulation, Imminence Required; Lesser Evils/Necessity Defense Not Yet Recognized
- Self Defense: Authorizes Deadly Force Only against Threat of Serious Bodily Injury, Authorizes Deadly Force against Threat of Serious Bodily Injury or Enumerated Serious Felonies, Authorizes Deadly Force against Threat of Most Forcible Felonies, Authorizes Deadly Force against Threat of Any Felony
- Law Enforcement Authority: Defense Only Requires Defendant Believed Force Was Necessary, but Separate Provision Imposes Sliding-Scale Liability for Mistake; Defense Requires Defendant Reasonably Believed Force Was Necessary (Imposing All-or-Nothing Liability); Defense Requires Force Was Actually Necessary, but Provides a Separate Mistake Excuse
- Excuse Defenses
- Insanity Defense: Insanity Defense Abolished, Insanity Defense Requires Complete Loss of Understanding, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Criminality of Conduct, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Wrongfulness of Conduct, Insanity Defense If Offense Is Product of Disease, Insanity Defense Has No Control Prong, Insanity Defense If Irresistible Impulse, Insanity Defense If Substantial Impairment
- Immaturity Defense: 16 and Above, 15, 14, 13, 12, No Minimum Age
- Nonexculpatory Defenses
- Statute of Limitations: Only Murder Is Exempt from the Statute of Limitation, Statute of Limitation Does Not Apply to Any Capital Offense, Statute of Limitation Does Not Apply to Certain Enumerated Felonies, Statute of Limitation Does Not Apply to Any Felonies
- Exclusionary Rule: Exclusionary Rule Rejected, before 1914; Exclusionary Rule Rejected, after 1914; Exclusionary Rule Adopted, before 1961; Had Not Addressed Exclusionary Rule as of 1961
- Entrapment Defense: Defense Available If Not Predisposed, but Not Offense of Violence; Defense Available If Not Predisposed, Even If Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, but Not for Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, Even If Crime of Violence
- Offenses against the Person and Property
- Criminalizing Risk Creation: General Reckless Endangerment Offense, Risking Catastrophe Offense, Reckless Burning Offense
- Statutory Rape: Criminal for Adult to Have Intercourse with a Partner under 16, Criminal for Adult to Have Intercourse with a Partner under 17, Criminal for Adult to Have Intercourse with a Partner under 18, Recognizing a Close-in-Age Exception, No Close-in-Age Exception Recognized
- Domestic Violence: No Martial Rape Exception, Mandatory Arrest; Limited Marital Rape Exception, Mandatory Arrest; No Marital Rape Exception, Presumptive Arrest; Limited Marital Rape Exception, Presumptive Arrest; No Marital Rape Exception, Discretionary Arrest; Limited Rape Exception, Discretionary Arrest
- Stalking and Harassment: Requires Actual Fear or Distress, Punished as a Misdemeanor; Requires Actual Fear or Distress, Punished as a Felony; Enough That Intended or Believed Would Cause Distress, Punished as a Misdemeanor; Enough That Intended or Believed Would Cause Distress, Punished as a Felony
- Child Neglect: Criminalize Only Neglect of General Health or Welfare; Also Criminalize Neglect of "Education"; Also Criminalize Neglect of "Mental" or "Emotional" Health; Also Criminalize Neglect of "Mental" or "Emotional" Health, "Education"
- Deceptive Business Practices: Criminalizes False Advertising and False Measure, Criminalizes False Advertising Only, Criminalizes False Measure Only, Civil Remedies Only
- Extortion: Offender Must Demand Property, Offender May Demand Any Act, Effect of Threat Must Be to Actually Extort, Enough That the Offender Intends to Extort
- Public Order and Decency Offenses
- Adultery: Repealed by 1995; Repealed after 1995; Current Offense, Misdemeanor; Current Offense, Felony
- Criminal Obscenity: No Obscenity Offense; Defines Obscenity as Lacks Serious Value and Prurient Interest; Defines Obscenity as Lacks Serious Value and Prurient Interest, Also Prohibits Devices; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive, Also Prohibits Devices; Obscenity Offense but Leaves Obscenity Undefined
- Child Pornography: Person Depicted Must Be under 16 Years Old, Person Depicted Must Be under 17 Years Old, Person Depicted Must Be under 18 Years Old, Possession Punished the Same as Production or Distribution
- Offenses against the Community
- Drug Offenses: Marijuana Decriminalized; Marijuana a Civil Infraction Only; Misdemeanor, Fine Only; Misdemeanor, Jail; Felony, Jail; Life Imprisonment for Serious Nonviolent Drug Offense; Life without Parole for Serious Nonviolent Drug Offense
- Firearms Possession Offenses: Domestic Abusers Prohibited, Domestic Abusers Not Prohibited, Alcohol Abusers Prohibited, Possession Prohibited by Other Specified Misdemeanors
- Predatory Pricing: No Criminalization of Either Form of Predatory Pricing, Criminalizes Sales Below Cost, Criminalizes Price Discrimination
- Organized Crime: No Organized Crime Offense, Non-RICO Organized Crime Statutes, Asset Forfeiture Only, RICO with 4 to 14 Years Maximum, RICO with 15 to 24 Years Maximum, RICO with 25 Years to Life Maximum
- Fixing Sporting Events: Criminalizes Bribery of Officials or Participants, Criminalizes Only Bribery of Participants, Does Not Criminalize Sports Bribery, Criminalizes Sports Tampering
- Procedural Issues
- Extradition: Extradition Sought for All Violent Felony Warrants, Extradition Declined for 1 to 5 Percent of Violent Felony Warrants, Extradition Declined for 6 to 10 Percent of Violent Felony Warrants, Extradition Declined for 11 to 30 Percent of Violent Felony Warrants, Extradition Declined for Greater than 30 Percent of Violent Felony Warrants
- Jurisdiction: Requires Essential Offense Element, Requires Any Offense Element, Requires Any Part of Offense, Requires Only Detrimental Effect
Nebraska
- Punishment Theory and Legality
- Distributive Principles of Criminal Law: Desert as a Distributive Principle, Deterrence as a Distributive Principle, Incapacitation as a Distributive Principle, Rehabilitation as a Correctional Policy, Deontological Desert Distributive Principles, Empirical Desert Distributive Principles, The Principle of Full Offense Proportionality, Full Offense Proportionality Plus Protecting the Blameless, A Partial Offense Proportionality Principle, Partial Offense Proportionality Plus Protecting Blameless, No Proportionality and No Protection of the Blameless
- Habitual Offender Statutes: Life Sentence Only If Offenses Were Violent Crimes, Life Sentence Only If at Least One of the Offenses Was a Specifically Enumerated Offense, Life Sentence Even Though None of Prior Offenses Were Violent Crimes
- Death Penalty: Death Penalty Unavailable, Death Penalty Available, Aggravation for Cruel or Depraved Killing, Aggravation for Killing a Child
- Legality: Offense Must Be Fully Codified; Offense Must Be Legislatively Recognized, but Not All of Its Elements Need to Be Codified; Allow Uncodified Offenses but Limit Punishment for Them; Allow Uncodified Offenses
- Homicide
- Provocation/Extreme Emotional Disturbance: Model Penal Code's Extreme Emotional Disturbance Mitigation, Common-Law Provocation: Words Alone Are Sufficient, Common-Law Provocation: Words Alone Are Sufficient Only If They Report Provocative Act, Common-Law Provocation: Words Alone Are Never Sufficient, No Provocation Mitigation
- Felony Murder: Normal Murder Requirements, Recklessness Required for Felony-Murder Liability, Negligence Required for Felony-Murder Liability, Malice Required for Felony-Murder Liability, No Culpability for Felony-Murder Liability
- Causation: Factual Causal Accountability If Sufficient Concurrent Cause, Factual Causal Accountability If Substantial Concurrent Cause, Have Adopted No Solution to the Factual Cause But-For Test Problem in Concurrent-Cause Cases, Proximate Cause as a Normative Judgment, Proximate Cause as an Apparent Factual Standard
- Liability Doctrines
- Transferred Intent: Transfer Only Intent or Knowledge, Not in Attempt Cases; Transfer All Culpability Levels, Not in Attempt Cases; Transfer Intent or Knowledge Even in Cases of Attempts; Transfer All Levels Even in Cases of Attempts
- Consent to Injury: Consent as a Defense to Even Serious Bodily Injury, Consent as a Defense to Nonserious Injury, Consent Not a Defense to Bodily Injury, Permitting Assistance of Suicide
- Mental Illness and Culpability: Mental Illness Can Negate Any Offense Element, Mental Illness Can Negate Only Specific Intent, Mental Illness Cannot Negate Any Offense Element, Abolish Insanity Defense
- Attempt: Proximity and Intent Required, Proximity Required but Permits Lesser Culpability, Substantial Step Sufficient and Intent Required, Substantial Step Sufficient and Permits Lesser Culpability
- Complicity: Complicity Requires Purpose, Natural and Probable Consequence Rule Rejected; Complicity Requires Purpose, Natural and Probable Consequence Rule Adopted; Complicity Requires Only Knowledges, Natural Probable Consequences Rule Rejected; Complicity Requires Only Knowledge, Natural Probable Consequence Rule Adopted
- Complicity Liability of Coconspirators: Adopts Pinkerton Rule, Rejects Withdrawal Defense; Adopts Pinkerton, Adopts Withdrawal Defense If Positive Steps; Adopts Pinkerton, Adopts Simple Withdrawal Defense; Rejects Pinkerton, Rejects Termination Defense to Complicity; Rejects Pinkerton, Adopts Termination Defense to Complicity
- Justification Defenses
- Lesser Evils/Necessity Defense: Lesser Evils Formulation, Imminence Not Required; Lesser Evils Formulation, Imminence Required; "No Alternative" Formulation, Imminence Not Required; "No Alternative" Formulation, Imminence Required; Lesser Evils/Necessity Defense Not Yet Recognized
- Self Defense: Authorizes Deadly Force Only against Threat of Serious Bodily Injury, Authorizes Deadly Force against Threat of Serious Bodily Injury or Enumerated Serious Felonies, Authorizes Deadly Force against Threat of Most Forcible Felonies, Authorizes Deadly Force against Threat of Any Felony
- Law Enforcement Authority: Defense Only Requires Defendant Believed Force Was Necessary, but Separate Provision Imposes Sliding-Scale Liability for Mistake; Defense Requires Defendant Reasonably Believed Force Was Necessary (Imposing All-or-Nothing Liability); Defense Requires Force Was Actually Necessary, but Provides a Separate Mistake Excuse
- Excuse Defenses
- Insanity Defense: Insanity Defense Abolished, Insanity Defense Requires Complete Loss of Understanding, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Criminality of Conduct, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Wrongfulness of Conduct, Insanity Defense If Offense Is Product of Disease, Insanity Defense Has No Control Prong, Insanity Defense If Irresistible Impulse, Insanity Defense If Substantial Impairment
- Immaturity Defense: 16 and Above, 15, 14, 13, 12, No Minimum Age
- Nonexculpatory Defenses
- Statute of Limitations: Only Murder Is Exempt from the Statute of Limitation, Statute of Limitation Does Not Apply to Any Capital Offense, Statute of Limitation Does Not Apply to Certain Enumerated Felonies, Statute of Limitation Does Not Apply to Any Felonies
- Exclusionary Rule: Exclusionary Rule Rejected, before 1914; Exclusionary Rule Rejected, after 1914; Exclusionary Rule Adopted, before 1961; Had Not Addressed Exclusionary Rule as of 1961
- Entrapment Defense: Defense Available If Not Predisposed, but Not Offense of Violence; Defense Available If Not Predisposed, Even If Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, but Not for Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, Even If Crime of Violence
- Offenses against the Person and Property
- Criminalizing Risk Creation: General Reckless Endangerment Offense, Risking Catastrophe Offense, Reckless Burning Offense
- Statutory Rape: Criminal for Adult to Have Intercourse with a Partner under 16, Criminal for Adult to Have Intercourse with a Partner under 17, Criminal for Adult to Have Intercourse with a Partner under 18, Recognizing a Close-in-Age Exception, No Close-in-Age Exception Recognized
- Domestic Violence: No Martial Rape Exception, Mandatory Arrest; Limited Marital Rape Exception, Mandatory Arrest; No Marital Rape Exception, Presumptive Arrest; Limited Marital Rape Exception, Presumptive Arrest; No Marital Rape Exception, Discretionary Arrest; Limited Rape Exception, Discretionary Arrest
- Stalking and Harassment: Requires Actual Fear or Distress, Punished as a Misdemeanor; Requires Actual Fear or Distress, Punished as a Felony; Enough That Intended or Believed Would Cause Distress, Punished as a Misdemeanor; Enough That Intended or Believed Would Cause Distress, Punished as a Felony
- Child Neglect: Criminalize Only Neglect of General Health or Welfare; Also Criminalize Neglect of "Education"; Also Criminalize Neglect of "Mental" or "Emotional" Health; Also Criminalize Neglect of "Mental" or "Emotional" Health, "Education"
- Deceptive Business Practices: Criminalizes False Advertising and False Measure, Criminalizes False Advertising Only, Criminalizes False Measure Only, Civil Remedies Only
- Extortion: Offender Must Demand Property, Offender May Demand Any Act, Effect of Threat Must Be to Actually Extort, Enough That the Offender Intends to Extort
- Public Order and Decency Offenses
- Adultery: Repealed by 1995; Repealed after 1995; Current Offense, Misdemeanor; Current Offense, Felony
- Criminal Obscenity: No Obscenity Offense; Defines Obscenity as Lacks Serious Value and Prurient Interest; Defines Obscenity as Lacks Serious Value and Prurient Interest, Also Prohibits Devices; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive, Also Prohibits Devices; Obscenity Offense but Leaves Obscenity Undefined
- Child Pornography: Person Depicted Must Be under 16 Years Old, Person Depicted Must Be under 17 Years Old, Person Depicted Must Be under 18 Years Old, Possession Punished the Same as Production or Distribution
- Offenses against the Community
- Drug Offenses: Marijuana Decriminalized; Marijuana a Civil Infraction Only; Misdemeanor, Fine Only; Misdemeanor, Jail; Felony, Jail; Life Imprisonment for Serious Nonviolent Drug Offense; Life without Parole for Serious Nonviolent Drug Offense
- Firearms Possession Offenses: Domestic Abusers Prohibited, Domestic Abusers Not Prohibited, Alcohol Abusers Prohibited, Possession Prohibited by Other Specified Misdemeanors
- Predatory Pricing: No Criminalization of Either Form of Predatory Pricing, Criminalizes Sales Below Cost, Criminalizes Price Discrimination
- Organized Crime: No Organized Crime Offense, Non-RICO Organized Crime Statutes, Asset Forfeiture Only, RICO with 4 to 14 Years Maximum, RICO with 15 to 24 Years Maximum, RICO with 25 Years to Life Maximum
- Fixing Sporting Events: Criminalizes Bribery of Officials or Participants, Criminalizes Only Bribery of Participants, Does Not Criminalize Sports Bribery, Criminalizes Sports Tampering
- Procedural Issues
- Extradition: Extradition Sought for All Violent Felony Warrants, Extradition Declined for 1 to 5 Percent of Violent Felony Warrants, Extradition Declined for 6 to 10 Percent of Violent Felony Warrants, Extradition Declined for 11 to 30 Percent of Violent Felony Warrants, Extradition Declined for Greater than 30 Percent of Violent Felony Warrants
- Jurisdiction: Requires Essential Offense Element, Requires Any Offense Element, Requires Any Part of Offense, Requires Only Detrimental Effect
Nevada
- Punishment Theory and Legality
- Distributive Principles of Criminal Law: Desert as a Distributive Principle, Deterrence as a Distributive Principle, Incapacitation as a Distributive Principle, Rehabilitation as a Correctional Policy, Deontological Desert Distributive Principles, Empirical Desert Distributive Principles, The Principle of Full Offense Proportionality, Full Offense Proportionality Plus Protecting the Blameless, A Partial Offense Proportionality Principle, Partial Offense Proportionality Plus Protecting Blameless, No Proportionality and No Protection of the Blameless
- Habitual Offender Statutes: Life Sentence Only If Offenses Were Violent Crimes, Life Sentence Only If at Least One of the Offenses Was a Specifically Enumerated Offense, Life Sentence Even Though None of Prior Offenses Were Violent Crimes
- Death Penalty: Death Penalty Unavailable, Death Penalty Available, Aggravation for Cruel or Depraved Killing, Aggravation for Killing a Child
- Legality: Offense Must Be Fully Codified; Offense Must Be Legislatively Recognized, but Not All of Its Elements Need to Be Codified; Allow Uncodified Offenses but Limit Punishment for Them; Allow Uncodified Offenses
- Homicide
- Provocation/Extreme Emotional Disturbance: Model Penal Code's Extreme Emotional Disturbance Mitigation, Common-Law Provocation: Words Alone Are Sufficient, Common-Law Provocation: Words Alone Are Sufficient Only If They Report Provocative Act, Common-Law Provocation: Words Alone Are Never Sufficient, No Provocation Mitigation
- Felony Murder: Normal Murder Requirements, Recklessness Required for Felony-Murder Liability, Negligence Required for Felony-Murder Liability, Malice Required for Felony-Murder Liability, No Culpability for Felony-Murder Liability
- Causation: Factual Causal Accountability If Sufficient Concurrent Cause, Factual Causal Accountability If Substantial Concurrent Cause, Have Adopted No Solution to the Factual Cause But-For Test Problem in Concurrent-Cause Cases, Proximate Cause as a Normative Judgment, Proximate Cause as an Apparent Factual Standard
- Liability Doctrines
- Transferred Intent: Transfer Only Intent or Knowledge, Not in Attempt Cases; Transfer All Culpability Levels, Not in Attempt Cases; Transfer Intent or Knowledge Even in Cases of Attempts; Transfer All Levels Even in Cases of Attempts
- Consent to Injury: Consent as a Defense to Even Serious Bodily Injury, Consent as a Defense to Nonserious Injury, Consent Not a Defense to Bodily Injury, Permitting Assistance of Suicide
- Mental Illness and Culpability: Mental Illness Can Negate Any Offense Element, Mental Illness Can Negate Only Specific Intent, Mental Illness Cannot Negate Any Offense Element, Abolish Insanity Defense
- Attempt: Proximity and Intent Required, Proximity Required but Permits Lesser Culpability, Substantial Step Sufficient and Intent Required, Substantial Step Sufficient and Permits Lesser Culpability
- Complicity: Complicity Requires Purpose, Natural and Probable Consequence Rule Rejected; Complicity Requires Purpose, Natural and Probable Consequence Rule Adopted; Complicity Requires Only Knowledges, Natural Probable Consequences Rule Rejected; Complicity Requires Only Knowledge, Natural Probable Consequence Rule Adopted
- Complicity Liability of Coconspirators: Adopts Pinkerton Rule, Rejects Withdrawal Defense; Adopts Pinkerton, Adopts Withdrawal Defense If Positive Steps; Adopts Pinkerton, Adopts Simple Withdrawal Defense; Rejects Pinkerton, Rejects Termination Defense to Complicity; Rejects Pinkerton, Adopts Termination Defense to Complicity
- Justification Defenses
- Lesser Evils/Necessity Defense: Lesser Evils Formulation, Imminence Not Required; Lesser Evils Formulation, Imminence Required; "No Alternative" Formulation, Imminence Not Required; "No Alternative" Formulation, Imminence Required; Lesser Evils/Necessity Defense Not Yet Recognized
- Self Defense: Authorizes Deadly Force Only against Threat of Serious Bodily Injury, Authorizes Deadly Force against Threat of Serious Bodily Injury or Enumerated Serious Felonies, Authorizes Deadly Force against Threat of Most Forcible Felonies, Authorizes Deadly Force against Threat of Any Felony
- Law Enforcement Authority: Defense Only Requires Defendant Believed Force Was Necessary, but Separate Provision Imposes Sliding-Scale Liability for Mistake; Defense Requires Defendant Reasonably Believed Force Was Necessary (Imposing All-or-Nothing Liability); Defense Requires Force Was Actually Necessary, but Provides a Separate Mistake Excuse
- Excuse Defenses
- Insanity Defense: Insanity Defense Abolished, Insanity Defense Requires Complete Loss of Understanding, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Criminality of Conduct, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Wrongfulness of Conduct, Insanity Defense If Offense Is Product of Disease, Insanity Defense Has No Control Prong, Insanity Defense If Irresistible Impulse, Insanity Defense If Substantial Impairment
- Immaturity Defense: 16 and Above, 15, 14, 13, 12, No Minimum Age
- Nonexculpatory Defenses
- Statute of Limitations: Only Murder Is Exempt from the Statute of Limitation, Statute of Limitation Does Not Apply to Any Capital Offense, Statute of Limitation Does Not Apply to Certain Enumerated Felonies, Statute of Limitation Does Not Apply to Any Felonies
- Exclusionary Rule: Exclusionary Rule Rejected, before 1914; Exclusionary Rule Rejected, after 1914; Exclusionary Rule Adopted, before 1961; Had Not Addressed Exclusionary Rule as of 1961
- Entrapment Defense: Defense Available If Not Predisposed, but Not Offense of Violence; Defense Available If Not Predisposed, Even If Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, but Not for Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, Even If Crime of Violence
- Offenses against the Person and Property
- Criminalizing Risk Creation: General Reckless Endangerment Offense, Risking Catastrophe Offense, Reckless Burning Offense
- Statutory Rape: Criminal for Adult to Have Intercourse with a Partner under 16, Criminal for Adult to Have Intercourse with a Partner under 17, Criminal for Adult to Have Intercourse with a Partner under 18, Recognizing a Close-in-Age Exception, No Close-in-Age Exception Recognized
- Domestic Violence: No Martial Rape Exception, Mandatory Arrest; Limited Marital Rape Exception, Mandatory Arrest; No Marital Rape Exception, Presumptive Arrest; Limited Marital Rape Exception, Presumptive Arrest; No Marital Rape Exception, Discretionary Arrest; Limited Rape Exception, Discretionary Arrest
- Stalking and Harassment: Requires Actual Fear or Distress, Punished as a Misdemeanor; Requires Actual Fear or Distress, Punished as a Felony; Enough That Intended or Believed Would Cause Distress, Punished as a Misdemeanor; Enough That Intended or Believed Would Cause Distress, Punished as a Felony
- Child Neglect: Criminalize Only Neglect of General Health or Welfare; Also Criminalize Neglect of "Education"; Also Criminalize Neglect of "Mental" or "Emotional" Health; Also Criminalize Neglect of "Mental" or "Emotional" Health, "Education"
- Deceptive Business Practices: Criminalizes False Advertising and False Measure, Criminalizes False Advertising Only, Criminalizes False Measure Only, Civil Remedies Only
- Extortion: Offender Must Demand Property, Offender May Demand Any Act, Effect of Threat Must Be to Actually Extort, Enough That the Offender Intends to Extort
- Public Order and Decency Offenses
- Adultery: Repealed by 1995; Repealed after 1995; Current Offense, Misdemeanor; Current Offense, Felony
- Criminal Obscenity: No Obscenity Offense; Defines Obscenity as Lacks Serious Value and Prurient Interest; Defines Obscenity as Lacks Serious Value and Prurient Interest, Also Prohibits Devices; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive, Also Prohibits Devices; Obscenity Offense but Leaves Obscenity Undefined
- Child Pornography: Person Depicted Must Be under 16 Years Old, Person Depicted Must Be under 17 Years Old, Person Depicted Must Be under 18 Years Old, Possession Punished the Same as Production or Distribution
- Offenses against the Community
- Drug Offenses: Marijuana Decriminalized; Marijuana a Civil Infraction Only; Misdemeanor, Fine Only; Misdemeanor, Jail; Felony, Jail; Life Imprisonment for Serious Nonviolent Drug Offense; Life without Parole for Serious Nonviolent Drug Offense
- Firearms Possession Offenses: Domestic Abusers Prohibited, Domestic Abusers Not Prohibited, Alcohol Abusers Prohibited, Possession Prohibited by Other Specified Misdemeanors
- Predatory Pricing: No Criminalization of Either Form of Predatory Pricing, Criminalizes Sales Below Cost, Criminalizes Price Discrimination
- Organized Crime: No Organized Crime Offense, Non-RICO Organized Crime Statutes, Asset Forfeiture Only, RICO with 4 to 14 Years Maximum, RICO with 15 to 24 Years Maximum, RICO with 25 Years to Life Maximum
- Fixing Sporting Events: Criminalizes Bribery of Officials or Participants, Criminalizes Only Bribery of Participants, Does Not Criminalize Sports Bribery, Criminalizes Sports Tampering
- Procedural Issues
- Extradition: Extradition Sought for All Violent Felony Warrants, Extradition Declined for 1 to 5 Percent of Violent Felony Warrants, Extradition Declined for 6 to 10 Percent of Violent Felony Warrants, Extradition Declined for 11 to 30 Percent of Violent Felony Warrants, Extradition Declined for Greater than 30 Percent of Violent Felony Warrants
- Jurisdiction: Requires Essential Offense Element, Requires Any Offense Element, Requires Any Part of Offense, Requires Only Detrimental Effect
New Hampshire
- Punishment Theory and Legality
- Distributive Principles of Criminal Law: Desert as a Distributive Principle, Deterrence as a Distributive Principle, Incapacitation as a Distributive Principle, Rehabilitation as a Correctional Policy, Deontological Desert Distributive Principles, Empirical Desert Distributive Principles, The Principle of Full Offense Proportionality, Full Offense Proportionality Plus Protecting the Blameless, A Partial Offense Proportionality Principle, Partial Offense Proportionality Plus Protecting Blameless, No Proportionality and No Protection of the Blameless
- Habitual Offender Statutes: Life Sentence Only If Offenses Were Violent Crimes, Life Sentence Only If at Least One of the Offenses Was a Specifically Enumerated Offense, Life Sentence Even Though None of Prior Offenses Were Violent Crimes
- Death Penalty: Death Penalty Unavailable, Death Penalty Available, Aggravation for Cruel or Depraved Killing, Aggravation for Killing a Child
- Legality: Offense Must Be Fully Codified; Offense Must Be Legislatively Recognized, but Not All of Its Elements Need to Be Codified; Allow Uncodified Offenses but Limit Punishment for Them; Allow Uncodified Offenses
- Homicide
- Provocation/Extreme Emotional Disturbance: Model Penal Code's Extreme Emotional Disturbance Mitigation, Common-Law Provocation: Words Alone Are Sufficient, Common-Law Provocation: Words Alone Are Sufficient Only If They Report Provocative Act, Common-Law Provocation: Words Alone Are Never Sufficient, No Provocation Mitigation
- Felony Murder: Normal Murder Requirements, Recklessness Required for Felony-Murder Liability, Negligence Required for Felony-Murder Liability, Malice Required for Felony-Murder Liability, No Culpability for Felony-Murder Liability
- Causation: Factual Causal Accountability If Sufficient Concurrent Cause, Factual Causal Accountability If Substantial Concurrent Cause, Have Adopted No Solution to the Factual Cause But-For Test Problem in Concurrent-Cause Cases, Proximate Cause as a Normative Judgment, Proximate Cause as an Apparent Factual Standard
- Liability Doctrines
- Transferred Intent: Transfer Only Intent or Knowledge, Not in Attempt Cases; Transfer All Culpability Levels, Not in Attempt Cases; Transfer Intent or Knowledge Even in Cases of Attempts; Transfer All Levels Even in Cases of Attempts
- Consent to Injury: Consent as a Defense to Even Serious Bodily Injury, Consent as a Defense to Nonserious Injury, Consent Not a Defense to Bodily Injury, Permitting Assistance of Suicide
- Mental Illness and Culpability: Mental Illness Can Negate Any Offense Element, Mental Illness Can Negate Only Specific Intent, Mental Illness Cannot Negate Any Offense Element, Abolish Insanity Defense
- Attempt: Proximity and Intent Required, Proximity Required but Permits Lesser Culpability, Substantial Step Sufficient and Intent Required, Substantial Step Sufficient and Permits Lesser Culpability
- Complicity: Complicity Requires Purpose, Natural and Probable Consequence Rule Rejected; Complicity Requires Purpose, Natural and Probable Consequence Rule Adopted; Complicity Requires Only Knowledges, Natural Probable Consequences Rule Rejected; Complicity Requires Only Knowledge, Natural Probable Consequence Rule Adopted
- Complicity Liability of Coconspirators: Adopts Pinkerton Rule, Rejects Withdrawal Defense; Adopts Pinkerton, Adopts Withdrawal Defense If Positive Steps; Adopts Pinkerton, Adopts Simple Withdrawal Defense; Rejects Pinkerton, Rejects Termination Defense to Complicity; Rejects Pinkerton, Adopts Termination Defense to Complicity
- Justification Defenses
- Lesser Evils/Necessity Defense: Lesser Evils Formulation, Imminence Not Required; Lesser Evils Formulation, Imminence Required; "No Alternative" Formulation, Imminence Not Required; "No Alternative" Formulation, Imminence Required; Lesser Evils/Necessity Defense Not Yet Recognized
- Self Defense: Authorizes Deadly Force Only against Threat of Serious Bodily Injury, Authorizes Deadly Force against Threat of Serious Bodily Injury or Enumerated Serious Felonies, Authorizes Deadly Force against Threat of Most Forcible Felonies, Authorizes Deadly Force against Threat of Any Felony
- Law Enforcement Authority: Defense Only Requires Defendant Believed Force Was Necessary, but Separate Provision Imposes Sliding-Scale Liability for Mistake; Defense Requires Defendant Reasonably Believed Force Was Necessary (Imposing All-or-Nothing Liability); Defense Requires Force Was Actually Necessary, but Provides a Separate Mistake Excuse
- Excuse Defenses
- Insanity Defense: Insanity Defense Abolished, Insanity Defense Requires Complete Loss of Understanding, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Criminality of Conduct, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Wrongfulness of Conduct, Insanity Defense If Offense Is Product of Disease, Insanity Defense Has No Control Prong, Insanity Defense If Irresistible Impulse, Insanity Defense If Substantial Impairment
- Immaturity Defense: 16 and Above, 15, 14, 13, 12, No Minimum Age
- Nonexculpatory Defenses
- Statute of Limitations: Only Murder Is Exempt from the Statute of Limitation, Statute of Limitation Does Not Apply to Any Capital Offense, Statute of Limitation Does Not Apply to Certain Enumerated Felonies, Statute of Limitation Does Not Apply to Any Felonies
- Exclusionary Rule: Exclusionary Rule Rejected, before 1914; Exclusionary Rule Rejected, after 1914; Exclusionary Rule Adopted, before 1961; Had Not Addressed Exclusionary Rule as of 1961
- Entrapment Defense: Defense Available If Not Predisposed, but Not Offense of Violence; Defense Available If Not Predisposed, Even If Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, but Not for Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, Even If Crime of Violence
- Offenses against the Person and Property
- Criminalizing Risk Creation: General Reckless Endangerment Offense, Risking Catastrophe Offense, Reckless Burning Offense
- Statutory Rape: Criminal for Adult to Have Intercourse with a Partner under 16, Criminal for Adult to Have Intercourse with a Partner under 17, Criminal for Adult to Have Intercourse with a Partner under 18, Recognizing a Close-in-Age Exception, No Close-in-Age Exception Recognized
- Domestic Violence: No Martial Rape Exception, Mandatory Arrest; Limited Marital Rape Exception, Mandatory Arrest; No Marital Rape Exception, Presumptive Arrest; Limited Marital Rape Exception, Presumptive Arrest; No Marital Rape Exception, Discretionary Arrest; Limited Rape Exception, Discretionary Arrest
- Stalking and Harassment: Requires Actual Fear or Distress, Punished as a Misdemeanor; Requires Actual Fear or Distress, Punished as a Felony; Enough That Intended or Believed Would Cause Distress, Punished as a Misdemeanor; Enough That Intended or Believed Would Cause Distress, Punished as a Felony
- Child Neglect: Criminalize Only Neglect of General Health or Welfare; Also Criminalize Neglect of "Education"; Also Criminalize Neglect of "Mental" or "Emotional" Health; Also Criminalize Neglect of "Mental" or "Emotional" Health, "Education"
- Deceptive Business Practices: Criminalizes False Advertising and False Measure, Criminalizes False Advertising Only, Criminalizes False Measure Only, Civil Remedies Only
- Extortion: Offender Must Demand Property, Offender May Demand Any Act, Effect of Threat Must Be to Actually Extort, Enough That the Offender Intends to Extort
- Public Order and Decency Offenses
- Adultery: Repealed by 1995; Repealed after 1995; Current Offense, Misdemeanor; Current Offense, Felony
- Criminal Obscenity: No Obscenity Offense; Defines Obscenity as Lacks Serious Value and Prurient Interest; Defines Obscenity as Lacks Serious Value and Prurient Interest, Also Prohibits Devices; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive, Also Prohibits Devices; Obscenity Offense but Leaves Obscenity Undefined
- Child Pornography: Person Depicted Must Be under 16 Years Old, Person Depicted Must Be under 17 Years Old, Person Depicted Must Be under 18 Years Old, Possession Punished the Same as Production or Distribution
- Offenses against the Community
- Drug Offenses: Marijuana Decriminalized; Marijuana a Civil Infraction Only; Misdemeanor, Fine Only; Misdemeanor, Jail; Felony, Jail; Life Imprisonment for Serious Nonviolent Drug Offense; Life without Parole for Serious Nonviolent Drug Offense
- Firearms Possession Offenses: Domestic Abusers Prohibited, Domestic Abusers Not Prohibited, Alcohol Abusers Prohibited, Possession Prohibited by Other Specified Misdemeanors
- Predatory Pricing: No Criminalization of Either Form of Predatory Pricing, Criminalizes Sales Below Cost, Criminalizes Price Discrimination
- Organized Crime: No Organized Crime Offense, Non-RICO Organized Crime Statutes, Asset Forfeiture Only, RICO with 4 to 14 Years Maximum, RICO with 15 to 24 Years Maximum, RICO with 25 Years to Life Maximum
- Fixing Sporting Events: Criminalizes Bribery of Officials or Participants, Criminalizes Only Bribery of Participants, Does Not Criminalize Sports Bribery, Criminalizes Sports Tampering
- Procedural Issues
- Extradition: Extradition Sought for All Violent Felony Warrants, Extradition Declined for 1 to 5 Percent of Violent Felony Warrants, Extradition Declined for 6 to 10 Percent of Violent Felony Warrants, Extradition Declined for 11 to 30 Percent of Violent Felony Warrants, Extradition Declined for Greater than 30 Percent of Violent Felony Warrants
- Jurisdiction: Requires Essential Offense Element, Requires Any Offense Element, Requires Any Part of Offense, Requires Only Detrimental Effect
New Jersey
- Punishment Theory and Legality
- Distributive Principles of Criminal Law: Desert as a Distributive Principle, Deterrence as a Distributive Principle, Incapacitation as a Distributive Principle, Rehabilitation as a Correctional Policy, Deontological Desert Distributive Principles, Empirical Desert Distributive Principles, The Principle of Full Offense Proportionality, Full Offense Proportionality Plus Protecting the Blameless, A Partial Offense Proportionality Principle, Partial Offense Proportionality Plus Protecting Blameless, No Proportionality and No Protection of the Blameless
- Habitual Offender Statutes: Life Sentence Only If Offenses Were Violent Crimes, Life Sentence Only If at Least One of the Offenses Was a Specifically Enumerated Offense, Life Sentence Even Though None of Prior Offenses Were Violent Crimes
- Death Penalty: Death Penalty Unavailable, Death Penalty Available, Aggravation for Cruel or Depraved Killing, Aggravation for Killing a Child
- Legality: Offense Must Be Fully Codified; Offense Must Be Legislatively Recognized, but Not All of Its Elements Need to Be Codified; Allow Uncodified Offenses but Limit Punishment for Them; Allow Uncodified Offenses
- Homicide
- Provocation/Extreme Emotional Disturbance: Model Penal Code's Extreme Emotional Disturbance Mitigation, Common-Law Provocation: Words Alone Are Sufficient, Common-Law Provocation: Words Alone Are Sufficient Only If They Report Provocative Act, Common-Law Provocation: Words Alone Are Never Sufficient, No Provocation Mitigation
- Felony Murder: Normal Murder Requirements, Recklessness Required for Felony-Murder Liability, Negligence Required for Felony-Murder Liability, Malice Required for Felony-Murder Liability, No Culpability for Felony-Murder Liability
- Causation: Factual Causal Accountability If Sufficient Concurrent Cause, Factual Causal Accountability If Substantial Concurrent Cause, Have Adopted No Solution to the Factual Cause But-For Test Problem in Concurrent-Cause Cases, Proximate Cause as a Normative Judgment, Proximate Cause as an Apparent Factual Standard
- Liability Doctrines
- Transferred Intent: Transfer Only Intent or Knowledge, Not in Attempt Cases; Transfer All Culpability Levels, Not in Attempt Cases; Transfer Intent or Knowledge Even in Cases of Attempts; Transfer All Levels Even in Cases of Attempts
- Consent to Injury: Consent as a Defense to Even Serious Bodily Injury, Consent as a Defense to Nonserious Injury, Consent Not a Defense to Bodily Injury, Permitting Assistance of Suicide
- Mental Illness and Culpability: Mental Illness Can Negate Any Offense Element, Mental Illness Can Negate Only Specific Intent, Mental Illness Cannot Negate Any Offense Element, Abolish Insanity Defense
- Attempt: Proximity and Intent Required, Proximity Required but Permits Lesser Culpability, Substantial Step Sufficient and Intent Required, Substantial Step Sufficient and Permits Lesser Culpability
- Complicity: Complicity Requires Purpose, Natural and Probable Consequence Rule Rejected; Complicity Requires Purpose, Natural and Probable Consequence Rule Adopted; Complicity Requires Only Knowledges, Natural Probable Consequences Rule Rejected; Complicity Requires Only Knowledge, Natural Probable Consequence Rule Adopted
- Complicity Liability of Coconspirators: Adopts Pinkerton Rule, Rejects Withdrawal Defense; Adopts Pinkerton, Adopts Withdrawal Defense If Positive Steps; Adopts Pinkerton, Adopts Simple Withdrawal Defense; Rejects Pinkerton, Rejects Termination Defense to Complicity; Rejects Pinkerton, Adopts Termination Defense to Complicity
- Justification Defenses
- Lesser Evils/Necessity Defense: Lesser Evils Formulation, Imminence Not Required; Lesser Evils Formulation, Imminence Required; "No Alternative" Formulation, Imminence Not Required; "No Alternative" Formulation, Imminence Required; Lesser Evils/Necessity Defense Not Yet Recognized
- Self Defense: Authorizes Deadly Force Only against Threat of Serious Bodily Injury, Authorizes Deadly Force against Threat of Serious Bodily Injury or Enumerated Serious Felonies, Authorizes Deadly Force against Threat of Most Forcible Felonies, Authorizes Deadly Force against Threat of Any Felony
- Law Enforcement Authority: Defense Only Requires Defendant Believed Force Was Necessary, but Separate Provision Imposes Sliding-Scale Liability for Mistake; Defense Requires Defendant Reasonably Believed Force Was Necessary (Imposing All-or-Nothing Liability); Defense Requires Force Was Actually Necessary, but Provides a Separate Mistake Excuse
- Excuse Defenses
- Insanity Defense: Insanity Defense Abolished, Insanity Defense Requires Complete Loss of Understanding, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Criminality of Conduct, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Wrongfulness of Conduct, Insanity Defense If Offense Is Product of Disease, Insanity Defense Has No Control Prong, Insanity Defense If Irresistible Impulse, Insanity Defense If Substantial Impairment
- Immaturity Defense: 16 and Above, 15, 14, 13, 12, No Minimum Age
- Nonexculpatory Defenses
- Statute of Limitations: Only Murder Is Exempt from the Statute of Limitation, Statute of Limitation Does Not Apply to Any Capital Offense, Statute of Limitation Does Not Apply to Certain Enumerated Felonies, Statute of Limitation Does Not Apply to Any Felonies
- Exclusionary Rule: Exclusionary Rule Rejected, before 1914; Exclusionary Rule Rejected, after 1914; Exclusionary Rule Adopted, before 1961; Had Not Addressed Exclusionary Rule as of 1961
- Entrapment Defense: Defense Available If Not Predisposed, but Not Offense of Violence; Defense Available If Not Predisposed, Even If Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, but Not for Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, Even If Crime of Violence
- Offenses against the Person and Property
- Criminalizing Risk Creation: General Reckless Endangerment Offense, Risking Catastrophe Offense, Reckless Burning Offense
- Statutory Rape: Criminal for Adult to Have Intercourse with a Partner under 16, Criminal for Adult to Have Intercourse with a Partner under 17, Criminal for Adult to Have Intercourse with a Partner under 18, Recognizing a Close-in-Age Exception, No Close-in-Age Exception Recognized
- Domestic Violence: No Martial Rape Exception, Mandatory Arrest; Limited Marital Rape Exception, Mandatory Arrest; No Marital Rape Exception, Presumptive Arrest; Limited Marital Rape Exception, Presumptive Arrest; No Marital Rape Exception, Discretionary Arrest; Limited Rape Exception, Discretionary Arrest
- Stalking and Harassment: Requires Actual Fear or Distress, Punished as a Misdemeanor; Requires Actual Fear or Distress, Punished as a Felony; Enough That Intended or Believed Would Cause Distress, Punished as a Misdemeanor; Enough That Intended or Believed Would Cause Distress, Punished as a Felony
- Child Neglect: Criminalize Only Neglect of General Health or Welfare; Also Criminalize Neglect of "Education"; Also Criminalize Neglect of "Mental" or "Emotional" Health; Also Criminalize Neglect of "Mental" or "Emotional" Health, "Education"
- Deceptive Business Practices: Criminalizes False Advertising and False Measure, Criminalizes False Advertising Only, Criminalizes False Measure Only, Civil Remedies Only
- Extortion: Offender Must Demand Property, Offender May Demand Any Act, Effect of Threat Must Be to Actually Extort, Enough That the Offender Intends to Extort
- Public Order and Decency Offenses
- Adultery: Repealed by 1995; Repealed after 1995; Current Offense, Misdemeanor; Current Offense, Felony
- Criminal Obscenity: No Obscenity Offense; Defines Obscenity as Lacks Serious Value and Prurient Interest; Defines Obscenity as Lacks Serious Value and Prurient Interest, Also Prohibits Devices; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive, Also Prohibits Devices; Obscenity Offense but Leaves Obscenity Undefined
- Child Pornography: Person Depicted Must Be under 16 Years Old, Person Depicted Must Be under 17 Years Old, Person Depicted Must Be under 18 Years Old, Possession Punished the Same as Production or Distribution
- Offenses against the Community
- Drug Offenses: Marijuana Decriminalized; Marijuana a Civil Infraction Only; Misdemeanor, Fine Only; Misdemeanor, Jail; Felony, Jail; Life Imprisonment for Serious Nonviolent Drug Offense; Life without Parole for Serious Nonviolent Drug Offense
- Firearms Possession Offenses: Domestic Abusers Prohibited, Domestic Abusers Not Prohibited, Alcohol Abusers Prohibited, Possession Prohibited by Other Specified Misdemeanors
- Predatory Pricing: No Criminalization of Either Form of Predatory Pricing, Criminalizes Sales Below Cost, Criminalizes Price Discrimination
- Organized Crime: No Organized Crime Offense, Non-RICO Organized Crime Statutes, Asset Forfeiture Only, RICO with 4 to 14 Years Maximum, RICO with 15 to 24 Years Maximum, RICO with 25 Years to Life Maximum
- Fixing Sporting Events: Criminalizes Bribery of Officials or Participants, Criminalizes Only Bribery of Participants, Does Not Criminalize Sports Bribery, Criminalizes Sports Tampering
- Procedural Issues
- Extradition: Extradition Sought for All Violent Felony Warrants, Extradition Declined for 1 to 5 Percent of Violent Felony Warrants, Extradition Declined for 6 to 10 Percent of Violent Felony Warrants, Extradition Declined for 11 to 30 Percent of Violent Felony Warrants, Extradition Declined for Greater than 30 Percent of Violent Felony Warrants
- Jurisdiction: Requires Essential Offense Element, Requires Any Offense Element, Requires Any Part of Offense, Requires Only Detrimental Effect
New Mexico
- Punishment Theory and Legality
- Distributive Principles of Criminal Law: Desert as a Distributive Principle, Deterrence as a Distributive Principle, Incapacitation as a Distributive Principle, Rehabilitation as a Correctional Policy, Deontological Desert Distributive Principles, Empirical Desert Distributive Principles, The Principle of Full Offense Proportionality, Full Offense Proportionality Plus Protecting the Blameless, A Partial Offense Proportionality Principle, Partial Offense Proportionality Plus Protecting Blameless, No Proportionality and No Protection of the Blameless
- Habitual Offender Statutes: Life Sentence Only If Offenses Were Violent Crimes, Life Sentence Only If at Least One of the Offenses Was a Specifically Enumerated Offense, Life Sentence Even Though None of Prior Offenses Were Violent Crimes
- Death Penalty: Death Penalty Unavailable, Death Penalty Available, Aggravation for Cruel or Depraved Killing, Aggravation for Killing a Child
- Legality: Offense Must Be Fully Codified; Offense Must Be Legislatively Recognized, but Not All of Its Elements Need to Be Codified; Allow Uncodified Offenses but Limit Punishment for Them; Allow Uncodified Offenses
- Homicide
- Provocation/Extreme Emotional Disturbance: Model Penal Code's Extreme Emotional Disturbance Mitigation, Common-Law Provocation: Words Alone Are Sufficient, Common-Law Provocation: Words Alone Are Sufficient Only If They Report Provocative Act, Common-Law Provocation: Words Alone Are Never Sufficient, No Provocation Mitigation
- Felony Murder: Normal Murder Requirements, Recklessness Required for Felony-Murder Liability, Negligence Required for Felony-Murder Liability, Malice Required for Felony-Murder Liability, No Culpability for Felony-Murder Liability
- Causation: Factual Causal Accountability If Sufficient Concurrent Cause, Factual Causal Accountability If Substantial Concurrent Cause, Have Adopted No Solution to the Factual Cause But-For Test Problem in Concurrent-Cause Cases, Proximate Cause as a Normative Judgment, Proximate Cause as an Apparent Factual Standard
- Liability Doctrines
- Transferred Intent: Transfer Only Intent or Knowledge, Not in Attempt Cases; Transfer All Culpability Levels, Not in Attempt Cases; Transfer Intent or Knowledge Even in Cases of Attempts; Transfer All Levels Even in Cases of Attempts
- Consent to Injury: Consent as a Defense to Even Serious Bodily Injury, Consent as a Defense to Nonserious Injury, Consent Not a Defense to Bodily Injury, Permitting Assistance of Suicide
- Mental Illness and Culpability: Mental Illness Can Negate Any Offense Element, Mental Illness Can Negate Only Specific Intent, Mental Illness Cannot Negate Any Offense Element, Abolish Insanity Defense
- Attempt: Proximity and Intent Required, Proximity Required but Permits Lesser Culpability, Substantial Step Sufficient and Intent Required, Substantial Step Sufficient and Permits Lesser Culpability
- Complicity: Complicity Requires Purpose, Natural and Probable Consequence Rule Rejected; Complicity Requires Purpose, Natural and Probable Consequence Rule Adopted; Complicity Requires Only Knowledges, Natural Probable Consequences Rule Rejected; Complicity Requires Only Knowledge, Natural Probable Consequence Rule Adopted
- Complicity Liability of Coconspirators: Adopts Pinkerton Rule, Rejects Withdrawal Defense; Adopts Pinkerton, Adopts Withdrawal Defense If Positive Steps; Adopts Pinkerton, Adopts Simple Withdrawal Defense; Rejects Pinkerton, Rejects Termination Defense to Complicity; Rejects Pinkerton, Adopts Termination Defense to Complicity
- Justification Defenses
- Lesser Evils/Necessity Defense: Lesser Evils Formulation, Imminence Not Required; Lesser Evils Formulation, Imminence Required; "No Alternative" Formulation, Imminence Not Required; "No Alternative" Formulation, Imminence Required; Lesser Evils/Necessity Defense Not Yet Recognized
- Self Defense: Authorizes Deadly Force Only against Threat of Serious Bodily Injury, Authorizes Deadly Force against Threat of Serious Bodily Injury or Enumerated Serious Felonies, Authorizes Deadly Force against Threat of Most Forcible Felonies, Authorizes Deadly Force against Threat of Any Felony
- Law Enforcement Authority: Defense Only Requires Defendant Believed Force Was Necessary, but Separate Provision Imposes Sliding-Scale Liability for Mistake; Defense Requires Defendant Reasonably Believed Force Was Necessary (Imposing All-or-Nothing Liability); Defense Requires Force Was Actually Necessary, but Provides a Separate Mistake Excuse
- Excuse Defenses
- Insanity Defense: Insanity Defense Abolished, Insanity Defense Requires Complete Loss of Understanding, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Criminality of Conduct, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Wrongfulness of Conduct, Insanity Defense If Offense Is Product of Disease, Insanity Defense Has No Control Prong, Insanity Defense If Irresistible Impulse, Insanity Defense If Substantial Impairment
- Immaturity Defense: 16 and Above, 15, 14, 13, 12, No Minimum Age
- Nonexculpatory Defenses
- Statute of Limitations: Only Murder Is Exempt from the Statute of Limitation, Statute of Limitation Does Not Apply to Any Capital Offense, Statute of Limitation Does Not Apply to Certain Enumerated Felonies, Statute of Limitation Does Not Apply to Any Felonies
- Exclusionary Rule: Exclusionary Rule Rejected, before 1914; Exclusionary Rule Rejected, after 1914; Exclusionary Rule Adopted, before 1961; Had Not Addressed Exclusionary Rule as of 1961
- Entrapment Defense: Defense Available If Not Predisposed, but Not Offense of Violence; Defense Available If Not Predisposed, Even If Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, but Not for Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, Even If Crime of Violence
- Offenses against the Person and Property
- Criminalizing Risk Creation: General Reckless Endangerment Offense, Risking Catastrophe Offense, Reckless Burning Offense
- Statutory Rape: Criminal for Adult to Have Intercourse with a Partner under 16, Criminal for Adult to Have Intercourse with a Partner under 17, Criminal for Adult to Have Intercourse with a Partner under 18, Recognizing a Close-in-Age Exception, No Close-in-Age Exception Recognized
- Domestic Violence: No Martial Rape Exception, Mandatory Arrest; Limited Marital Rape Exception, Mandatory Arrest; No Marital Rape Exception, Presumptive Arrest; Limited Marital Rape Exception, Presumptive Arrest; No Marital Rape Exception, Discretionary Arrest; Limited Rape Exception, Discretionary Arrest
- Stalking and Harassment: Requires Actual Fear or Distress, Punished as a Misdemeanor; Requires Actual Fear or Distress, Punished as a Felony; Enough That Intended or Believed Would Cause Distress, Punished as a Misdemeanor; Enough That Intended or Believed Would Cause Distress, Punished as a Felony
- Child Neglect: Criminalize Only Neglect of General Health or Welfare; Also Criminalize Neglect of "Education"; Also Criminalize Neglect of "Mental" or "Emotional" Health; Also Criminalize Neglect of "Mental" or "Emotional" Health, "Education"
- Deceptive Business Practices: Criminalizes False Advertising and False Measure, Criminalizes False Advertising Only, Criminalizes False Measure Only, Civil Remedies Only
- Extortion: Offender Must Demand Property, Offender May Demand Any Act, Effect of Threat Must Be to Actually Extort, Enough That the Offender Intends to Extort
- Public Order and Decency Offenses
- Adultery: Repealed by 1995; Repealed after 1995; Current Offense, Misdemeanor; Current Offense, Felony
- Criminal Obscenity: No Obscenity Offense; Defines Obscenity as Lacks Serious Value and Prurient Interest; Defines Obscenity as Lacks Serious Value and Prurient Interest, Also Prohibits Devices; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive, Also Prohibits Devices; Obscenity Offense but Leaves Obscenity Undefined
- Child Pornography: Person Depicted Must Be under 16 Years Old, Person Depicted Must Be under 17 Years Old, Person Depicted Must Be under 18 Years Old, Possession Punished the Same as Production or Distribution
- Offenses against the Community
- Drug Offenses: Marijuana Decriminalized; Marijuana a Civil Infraction Only; Misdemeanor, Fine Only; Misdemeanor, Jail; Felony, Jail; Life Imprisonment for Serious Nonviolent Drug Offense; Life without Parole for Serious Nonviolent Drug Offense
- Firearms Possession Offenses: Domestic Abusers Prohibited, Domestic Abusers Not Prohibited, Alcohol Abusers Prohibited, Possession Prohibited by Other Specified Misdemeanors
- Predatory Pricing: No Criminalization of Either Form of Predatory Pricing, Criminalizes Sales Below Cost, Criminalizes Price Discrimination
- Organized Crime: No Organized Crime Offense, Non-RICO Organized Crime Statutes, Asset Forfeiture Only, RICO with 4 to 14 Years Maximum, RICO with 15 to 24 Years Maximum, RICO with 25 Years to Life Maximum
- Fixing Sporting Events: Criminalizes Bribery of Officials or Participants, Criminalizes Only Bribery of Participants, Does Not Criminalize Sports Bribery, Criminalizes Sports Tampering
- Procedural Issues
- Extradition: Extradition Sought for All Violent Felony Warrants, Extradition Declined for 1 to 5 Percent of Violent Felony Warrants, Extradition Declined for 6 to 10 Percent of Violent Felony Warrants, Extradition Declined for 11 to 30 Percent of Violent Felony Warrants, Extradition Declined for Greater than 30 Percent of Violent Felony Warrants
- Jurisdiction: Requires Essential Offense Element, Requires Any Offense Element, Requires Any Part of Offense, Requires Only Detrimental Effect
New York
- Punishment Theory and Legality
- Distributive Principles of Criminal Law: Desert as a Distributive Principle, Deterrence as a Distributive Principle, Incapacitation as a Distributive Principle, Rehabilitation as a Correctional Policy, Deontological Desert Distributive Principles, Empirical Desert Distributive Principles, The Principle of Full Offense Proportionality, Full Offense Proportionality Plus Protecting the Blameless, A Partial Offense Proportionality Principle, Partial Offense Proportionality Plus Protecting Blameless, No Proportionality and No Protection of the Blameless
- Habitual Offender Statutes: Life Sentence Only If Offenses Were Violent Crimes, Life Sentence Only If at Least One of the Offenses Was a Specifically Enumerated Offense, Life Sentence Even Though None of Prior Offenses Were Violent Crimes
- Death Penalty: Death Penalty Unavailable, Death Penalty Available, Aggravation for Cruel or Depraved Killing, Aggravation for Killing a Child
- Legality: Offense Must Be Fully Codified; Offense Must Be Legislatively Recognized, but Not All of Its Elements Need to Be Codified; Allow Uncodified Offenses but Limit Punishment for Them; Allow Uncodified Offenses
- Homicide
- Provocation/Extreme Emotional Disturbance: Model Penal Code's Extreme Emotional Disturbance Mitigation, Common-Law Provocation: Words Alone Are Sufficient, Common-Law Provocation: Words Alone Are Sufficient Only If They Report Provocative Act, Common-Law Provocation: Words Alone Are Never Sufficient, No Provocation Mitigation
- Felony Murder: Normal Murder Requirements, Recklessness Required for Felony-Murder Liability, Negligence Required for Felony-Murder Liability, Malice Required for Felony-Murder Liability, No Culpability for Felony-Murder Liability
- Causation: Factual Causal Accountability If Sufficient Concurrent Cause, Factual Causal Accountability If Substantial Concurrent Cause, Have Adopted No Solution to the Factual Cause But-For Test Problem in Concurrent-Cause Cases, Proximate Cause as a Normative Judgment, Proximate Cause as an Apparent Factual Standard
- Liability Doctrines
- Transferred Intent: Transfer Only Intent or Knowledge, Not in Attempt Cases; Transfer All Culpability Levels, Not in Attempt Cases; Transfer Intent or Knowledge Even in Cases of Attempts; Transfer All Levels Even in Cases of Attempts
- Consent to Injury: Consent as a Defense to Even Serious Bodily Injury, Consent as a Defense to Nonserious Injury, Consent Not a Defense to Bodily Injury, Permitting Assistance of Suicide
- Mental Illness and Culpability: Mental Illness Can Negate Any Offense Element, Mental Illness Can Negate Only Specific Intent, Mental Illness Cannot Negate Any Offense Element, Abolish Insanity Defense
- Attempt: Proximity and Intent Required, Proximity Required but Permits Lesser Culpability, Substantial Step Sufficient and Intent Required, Substantial Step Sufficient and Permits Lesser Culpability
- Complicity: Complicity Requires Purpose, Natural and Probable Consequence Rule Rejected; Complicity Requires Purpose, Natural and Probable Consequence Rule Adopted; Complicity Requires Only Knowledges, Natural Probable Consequences Rule Rejected; Complicity Requires Only Knowledge, Natural Probable Consequence Rule Adopted
- Complicity Liability of Coconspirators: Adopts Pinkerton Rule, Rejects Withdrawal Defense; Adopts Pinkerton, Adopts Withdrawal Defense If Positive Steps; Adopts Pinkerton, Adopts Simple Withdrawal Defense; Rejects Pinkerton, Rejects Termination Defense to Complicity; Rejects Pinkerton, Adopts Termination Defense to Complicity
- Justification Defenses
- Lesser Evils/Necessity Defense: Lesser Evils Formulation, Imminence Not Required; Lesser Evils Formulation, Imminence Required; "No Alternative" Formulation, Imminence Not Required; "No Alternative" Formulation, Imminence Required; Lesser Evils/Necessity Defense Not Yet Recognized
- Self Defense: Authorizes Deadly Force Only against Threat of Serious Bodily Injury, Authorizes Deadly Force against Threat of Serious Bodily Injury or Enumerated Serious Felonies, Authorizes Deadly Force against Threat of Most Forcible Felonies, Authorizes Deadly Force against Threat of Any Felony
- Law Enforcement Authority: Defense Only Requires Defendant Believed Force Was Necessary, but Separate Provision Imposes Sliding-Scale Liability for Mistake; Defense Requires Defendant Reasonably Believed Force Was Necessary (Imposing All-or-Nothing Liability); Defense Requires Force Was Actually Necessary, but Provides a Separate Mistake Excuse
- Excuse Defenses
- Insanity Defense: Insanity Defense Abolished, Insanity Defense Requires Complete Loss of Understanding, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Criminality of Conduct, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Wrongfulness of Conduct, Insanity Defense If Offense Is Product of Disease, Insanity Defense Has No Control Prong, Insanity Defense If Irresistible Impulse, Insanity Defense If Substantial Impairment
- Immaturity Defense: 16 and Above, 15, 14, 13, 12, No Minimum Age
- Nonexculpatory Defenses
- Statute of Limitations: Only Murder Is Exempt from the Statute of Limitation, Statute of Limitation Does Not Apply to Any Capital Offense, Statute of Limitation Does Not Apply to Certain Enumerated Felonies, Statute of Limitation Does Not Apply to Any Felonies
- Exclusionary Rule: Exclusionary Rule Rejected, before 1914; Exclusionary Rule Rejected, after 1914; Exclusionary Rule Adopted, before 1961; Had Not Addressed Exclusionary Rule as of 1961
- Entrapment Defense: Defense Available If Not Predisposed, but Not Offense of Violence; Defense Available If Not Predisposed, Even If Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, but Not for Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, Even If Crime of Violence
- Offenses against the Person and Property
- Criminalizing Risk Creation: General Reckless Endangerment Offense, Risking Catastrophe Offense, Reckless Burning Offense
- Statutory Rape: Criminal for Adult to Have Intercourse with a Partner under 16, Criminal for Adult to Have Intercourse with a Partner under 17, Criminal for Adult to Have Intercourse with a Partner under 18, Recognizing a Close-in-Age Exception, No Close-in-Age Exception Recognized
- Domestic Violence: No Martial Rape Exception, Mandatory Arrest; Limited Marital Rape Exception, Mandatory Arrest; No Marital Rape Exception, Presumptive Arrest; Limited Marital Rape Exception, Presumptive Arrest; No Marital Rape Exception, Discretionary Arrest; Limited Rape Exception, Discretionary Arrest
- Stalking and Harassment: Requires Actual Fear or Distress, Punished as a Misdemeanor; Requires Actual Fear or Distress, Punished as a Felony; Enough That Intended or Believed Would Cause Distress, Punished as a Misdemeanor; Enough That Intended or Believed Would Cause Distress, Punished as a Felony
- Child Neglect: Criminalize Only Neglect of General Health or Welfare; Also Criminalize Neglect of "Education"; Also Criminalize Neglect of "Mental" or "Emotional" Health; Also Criminalize Neglect of "Mental" or "Emotional" Health, "Education"
- Deceptive Business Practices: Criminalizes False Advertising and False Measure, Criminalizes False Advertising Only, Criminalizes False Measure Only, Civil Remedies Only
- Extortion: Offender Must Demand Property, Offender May Demand Any Act, Effect of Threat Must Be to Actually Extort, Enough That the Offender Intends to Extort
- Public Order and Decency Offenses
- Adultery: Repealed by 1995; Repealed after 1995; Current Offense, Misdemeanor; Current Offense, Felony
- Criminal Obscenity: No Obscenity Offense; Defines Obscenity as Lacks Serious Value and Prurient Interest; Defines Obscenity as Lacks Serious Value and Prurient Interest, Also Prohibits Devices; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive, Also Prohibits Devices; Obscenity Offense but Leaves Obscenity Undefined
- Child Pornography: Person Depicted Must Be under 16 Years Old, Person Depicted Must Be under 17 Years Old, Person Depicted Must Be under 18 Years Old, Possession Punished the Same as Production or Distribution
- Offenses against the Community
- Drug Offenses: Marijuana Decriminalized; Marijuana a Civil Infraction Only; Misdemeanor, Fine Only; Misdemeanor, Jail; Felony, Jail; Life Imprisonment for Serious Nonviolent Drug Offense; Life without Parole for Serious Nonviolent Drug Offense
- Firearms Possession Offenses: Domestic Abusers Prohibited, Domestic Abusers Not Prohibited, Alcohol Abusers Prohibited, Possession Prohibited by Other Specified Misdemeanors
- Predatory Pricing: No Criminalization of Either Form of Predatory Pricing, Criminalizes Sales Below Cost, Criminalizes Price Discrimination
- Organized Crime: No Organized Crime Offense, Non-RICO Organized Crime Statutes, Asset Forfeiture Only, RICO with 4 to 14 Years Maximum, RICO with 15 to 24 Years Maximum, RICO with 25 Years to Life Maximum
- Fixing Sporting Events: Criminalizes Bribery of Officials or Participants, Criminalizes Only Bribery of Participants, Does Not Criminalize Sports Bribery, Criminalizes Sports Tampering
- Procedural Issues
- Extradition: Extradition Sought for All Violent Felony Warrants, Extradition Declined for 1 to 5 Percent of Violent Felony Warrants, Extradition Declined for 6 to 10 Percent of Violent Felony Warrants, Extradition Declined for 11 to 30 Percent of Violent Felony Warrants, Extradition Declined for Greater than 30 Percent of Violent Felony Warrants
- Jurisdiction: Requires Essential Offense Element, Requires Any Offense Element, Requires Any Part of Offense, Requires Only Detrimental Effect
North Carolina
- Punishment Theory and Legality
- Distributive Principles of Criminal Law: Desert as a Distributive Principle, Deterrence as a Distributive Principle, Incapacitation as a Distributive Principle, Rehabilitation as a Correctional Policy, Deontological Desert Distributive Principles, Empirical Desert Distributive Principles, The Principle of Full Offense Proportionality, Full Offense Proportionality Plus Protecting the Blameless, A Partial Offense Proportionality Principle, Partial Offense Proportionality Plus Protecting Blameless, No Proportionality and No Protection of the Blameless
- Habitual Offender Statutes: Life Sentence Only If Offenses Were Violent Crimes, Life Sentence Only If at Least One of the Offenses Was a Specifically Enumerated Offense, Life Sentence Even Though None of Prior Offenses Were Violent Crimes
- Death Penalty: Death Penalty Unavailable, Death Penalty Available, Aggravation for Cruel or Depraved Killing, Aggravation for Killing a Child
- Legality: Offense Must Be Fully Codified; Offense Must Be Legislatively Recognized, but Not All of Its Elements Need to Be Codified; Allow Uncodified Offenses but Limit Punishment for Them; Allow Uncodified Offenses
- Homicide
- Provocation/Extreme Emotional Disturbance: Model Penal Code's Extreme Emotional Disturbance Mitigation, Common-Law Provocation: Words Alone Are Sufficient, Common-Law Provocation: Words Alone Are Sufficient Only If They Report Provocative Act, Common-Law Provocation: Words Alone Are Never Sufficient, No Provocation Mitigation
- Felony Murder: Normal Murder Requirements, Recklessness Required for Felony-Murder Liability, Negligence Required for Felony-Murder Liability, Malice Required for Felony-Murder Liability, No Culpability for Felony-Murder Liability
- Causation: Factual Causal Accountability If Sufficient Concurrent Cause, Factual Causal Accountability If Substantial Concurrent Cause, Have Adopted No Solution to the Factual Cause But-For Test Problem in Concurrent-Cause Cases, Proximate Cause as a Normative Judgment, Proximate Cause as an Apparent Factual Standard
- Liability Doctrines
- Transferred Intent: Transfer Only Intent or Knowledge, Not in Attempt Cases; Transfer All Culpability Levels, Not in Attempt Cases; Transfer Intent or Knowledge Even in Cases of Attempts; Transfer All Levels Even in Cases of Attempts
- Consent to Injury: Consent as a Defense to Even Serious Bodily Injury, Consent as a Defense to Nonserious Injury, Consent Not a Defense to Bodily Injury, Permitting Assistance of Suicide
- Mental Illness and Culpability: Mental Illness Can Negate Any Offense Element, Mental Illness Can Negate Only Specific Intent, Mental Illness Cannot Negate Any Offense Element, Abolish Insanity Defense
- Attempt: Proximity and Intent Required, Proximity Required but Permits Lesser Culpability, Substantial Step Sufficient and Intent Required, Substantial Step Sufficient and Permits Lesser Culpability
- Complicity: Complicity Requires Purpose, Natural and Probable Consequence Rule Rejected; Complicity Requires Purpose, Natural and Probable Consequence Rule Adopted; Complicity Requires Only Knowledges, Natural Probable Consequences Rule Rejected; Complicity Requires Only Knowledge, Natural Probable Consequence Rule Adopted
- Complicity Liability of Coconspirators: Adopts Pinkerton Rule, Rejects Withdrawal Defense; Adopts Pinkerton, Adopts Withdrawal Defense If Positive Steps; Adopts Pinkerton, Adopts Simple Withdrawal Defense; Rejects Pinkerton, Rejects Termination Defense to Complicity; Rejects Pinkerton, Adopts Termination Defense to Complicity
- Justification Defenses
- Lesser Evils/Necessity Defense: Lesser Evils Formulation, Imminence Not Required; Lesser Evils Formulation, Imminence Required; "No Alternative" Formulation, Imminence Not Required; "No Alternative" Formulation, Imminence Required; Lesser Evils/Necessity Defense Not Yet Recognized
- Self Defense: Authorizes Deadly Force Only against Threat of Serious Bodily Injury, Authorizes Deadly Force against Threat of Serious Bodily Injury or Enumerated Serious Felonies, Authorizes Deadly Force against Threat of Most Forcible Felonies, Authorizes Deadly Force against Threat of Any Felony
- Law Enforcement Authority: Defense Only Requires Defendant Believed Force Was Necessary, but Separate Provision Imposes Sliding-Scale Liability for Mistake; Defense Requires Defendant Reasonably Believed Force Was Necessary (Imposing All-or-Nothing Liability); Defense Requires Force Was Actually Necessary, but Provides a Separate Mistake Excuse
- Excuse Defenses
- Insanity Defense: Insanity Defense Abolished, Insanity Defense Requires Complete Loss of Understanding, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Criminality of Conduct, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Wrongfulness of Conduct, Insanity Defense If Offense Is Product of Disease, Insanity Defense Has No Control Prong, Insanity Defense If Irresistible Impulse, Insanity Defense If Substantial Impairment
- Immaturity Defense: 16 and Above, 15, 14, 13, 12, No Minimum Age
- Nonexculpatory Defenses
- Statute of Limitations: Only Murder Is Exempt from the Statute of Limitation, Statute of Limitation Does Not Apply to Any Capital Offense, Statute of Limitation Does Not Apply to Certain Enumerated Felonies, Statute of Limitation Does Not Apply to Any Felonies
- Exclusionary Rule: Exclusionary Rule Rejected, before 1914; Exclusionary Rule Rejected, after 1914; Exclusionary Rule Adopted, before 1961; Had Not Addressed Exclusionary Rule as of 1961
- Entrapment Defense: Defense Available If Not Predisposed, but Not Offense of Violence; Defense Available If Not Predisposed, Even If Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, but Not for Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, Even If Crime of Violence
- Offenses against the Person and Property
- Criminalizing Risk Creation: General Reckless Endangerment Offense, Risking Catastrophe Offense, Reckless Burning Offense
- Statutory Rape: Criminal for Adult to Have Intercourse with a Partner under 16, Criminal for Adult to Have Intercourse with a Partner under 17, Criminal for Adult to Have Intercourse with a Partner under 18, Recognizing a Close-in-Age Exception, No Close-in-Age Exception Recognized
- Domestic Violence: No Martial Rape Exception, Mandatory Arrest; Limited Marital Rape Exception, Mandatory Arrest; No Marital Rape Exception, Presumptive Arrest; Limited Marital Rape Exception, Presumptive Arrest; No Marital Rape Exception, Discretionary Arrest; Limited Rape Exception, Discretionary Arrest
- Stalking and Harassment: Requires Actual Fear or Distress, Punished as a Misdemeanor; Requires Actual Fear or Distress, Punished as a Felony; Enough That Intended or Believed Would Cause Distress, Punished as a Misdemeanor; Enough That Intended or Believed Would Cause Distress, Punished as a Felony
- Child Neglect: Criminalize Only Neglect of General Health or Welfare; Also Criminalize Neglect of "Education"; Also Criminalize Neglect of "Mental" or "Emotional" Health; Also Criminalize Neglect of "Mental" or "Emotional" Health, "Education"
- Deceptive Business Practices: Criminalizes False Advertising and False Measure, Criminalizes False Advertising Only, Criminalizes False Measure Only, Civil Remedies Only
- Extortion: Offender Must Demand Property, Offender May Demand Any Act, Effect of Threat Must Be to Actually Extort, Enough That the Offender Intends to Extort
- Public Order and Decency Offenses
- Adultery: Repealed by 1995; Repealed after 1995; Current Offense, Misdemeanor; Current Offense, Felony
- Criminal Obscenity: No Obscenity Offense; Defines Obscenity as Lacks Serious Value and Prurient Interest; Defines Obscenity as Lacks Serious Value and Prurient Interest, Also Prohibits Devices; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive, Also Prohibits Devices; Obscenity Offense but Leaves Obscenity Undefined
- Child Pornography: Person Depicted Must Be under 16 Years Old, Person Depicted Must Be under 17 Years Old, Person Depicted Must Be under 18 Years Old, Possession Punished the Same as Production or Distribution
- Offenses against the Community
- Drug Offenses: Marijuana Decriminalized; Marijuana a Civil Infraction Only; Misdemeanor, Fine Only; Misdemeanor, Jail; Felony, Jail; Life Imprisonment for Serious Nonviolent Drug Offense; Life without Parole for Serious Nonviolent Drug Offense
- Firearms Possession Offenses: Domestic Abusers Prohibited, Domestic Abusers Not Prohibited, Alcohol Abusers Prohibited, Possession Prohibited by Other Specified Misdemeanors
- Predatory Pricing: No Criminalization of Either Form of Predatory Pricing, Criminalizes Sales Below Cost, Criminalizes Price Discrimination
- Organized Crime: No Organized Crime Offense, Non-RICO Organized Crime Statutes, Asset Forfeiture Only, RICO with 4 to 14 Years Maximum, RICO with 15 to 24 Years Maximum, RICO with 25 Years to Life Maximum
- Fixing Sporting Events: Criminalizes Bribery of Officials or Participants, Criminalizes Only Bribery of Participants, Does Not Criminalize Sports Bribery, Criminalizes Sports Tampering
- Procedural Issues
- Extradition: Extradition Sought for All Violent Felony Warrants, Extradition Declined for 1 to 5 Percent of Violent Felony Warrants, Extradition Declined for 6 to 10 Percent of Violent Felony Warrants, Extradition Declined for 11 to 30 Percent of Violent Felony Warrants, Extradition Declined for Greater than 30 Percent of Violent Felony Warrants
- Jurisdiction: Requires Essential Offense Element, Requires Any Offense Element, Requires Any Part of Offense, Requires Only Detrimental Effect
North Dakota
- Punishment Theory and Legality
- Distributive Principles of Criminal Law: Desert as a Distributive Principle, Deterrence as a Distributive Principle, Incapacitation as a Distributive Principle, Rehabilitation as a Correctional Policy, Deontological Desert Distributive Principles, Empirical Desert Distributive Principles, The Principle of Full Offense Proportionality, Full Offense Proportionality Plus Protecting the Blameless, A Partial Offense Proportionality Principle, Partial Offense Proportionality Plus Protecting Blameless, No Proportionality and No Protection of the Blameless
- Habitual Offender Statutes: Life Sentence Only If Offenses Were Violent Crimes, Life Sentence Only If at Least One of the Offenses Was a Specifically Enumerated Offense, Life Sentence Even Though None of Prior Offenses Were Violent Crimes
- Death Penalty: Death Penalty Unavailable, Death Penalty Available, Aggravation for Cruel or Depraved Killing, Aggravation for Killing a Child
- Legality: Offense Must Be Fully Codified; Offense Must Be Legislatively Recognized, but Not All of Its Elements Need to Be Codified; Allow Uncodified Offenses but Limit Punishment for Them; Allow Uncodified Offenses
- Homicide
- Provocation/Extreme Emotional Disturbance: Model Penal Code's Extreme Emotional Disturbance Mitigation, Common-Law Provocation: Words Alone Are Sufficient, Common-Law Provocation: Words Alone Are Sufficient Only If They Report Provocative Act, Common-Law Provocation: Words Alone Are Never Sufficient, No Provocation Mitigation
- Felony Murder: Normal Murder Requirements, Recklessness Required for Felony-Murder Liability, Negligence Required for Felony-Murder Liability, Malice Required for Felony-Murder Liability, No Culpability for Felony-Murder Liability
- Causation: Factual Causal Accountability If Sufficient Concurrent Cause, Factual Causal Accountability If Substantial Concurrent Cause, Have Adopted No Solution to the Factual Cause But-For Test Problem in Concurrent-Cause Cases, Proximate Cause as a Normative Judgment, Proximate Cause as an Apparent Factual Standard
- Liability Doctrines
- Transferred Intent: Transfer Only Intent or Knowledge, Not in Attempt Cases; Transfer All Culpability Levels, Not in Attempt Cases; Transfer Intent or Knowledge Even in Cases of Attempts; Transfer All Levels Even in Cases of Attempts
- Consent to Injury: Consent as a Defense to Even Serious Bodily Injury, Consent as a Defense to Nonserious Injury, Consent Not a Defense to Bodily Injury, Permitting Assistance of Suicide
- Mental Illness and Culpability: Mental Illness Can Negate Any Offense Element, Mental Illness Can Negate Only Specific Intent, Mental Illness Cannot Negate Any Offense Element, Abolish Insanity Defense
- Attempt: Proximity and Intent Required, Proximity Required but Permits Lesser Culpability, Substantial Step Sufficient and Intent Required, Substantial Step Sufficient and Permits Lesser Culpability
- Complicity: Complicity Requires Purpose, Natural and Probable Consequence Rule Rejected; Complicity Requires Purpose, Natural and Probable Consequence Rule Adopted; Complicity Requires Only Knowledges, Natural Probable Consequences Rule Rejected; Complicity Requires Only Knowledge, Natural Probable Consequence Rule Adopted
- Complicity Liability of Coconspirators: Adopts Pinkerton Rule, Rejects Withdrawal Defense; Adopts Pinkerton, Adopts Withdrawal Defense If Positive Steps; Adopts Pinkerton, Adopts Simple Withdrawal Defense; Rejects Pinkerton, Rejects Termination Defense to Complicity; Rejects Pinkerton, Adopts Termination Defense to Complicity
- Justification Defenses
- Lesser Evils/Necessity Defense: Lesser Evils Formulation, Imminence Not Required; Lesser Evils Formulation, Imminence Required; "No Alternative" Formulation, Imminence Not Required; "No Alternative" Formulation, Imminence Required; Lesser Evils/Necessity Defense Not Yet Recognized
- Self Defense: Authorizes Deadly Force Only against Threat of Serious Bodily Injury, Authorizes Deadly Force against Threat of Serious Bodily Injury or Enumerated Serious Felonies, Authorizes Deadly Force against Threat of Most Forcible Felonies, Authorizes Deadly Force against Threat of Any Felony
- Law Enforcement Authority: Defense Only Requires Defendant Believed Force Was Necessary, but Separate Provision Imposes Sliding-Scale Liability for Mistake; Defense Requires Defendant Reasonably Believed Force Was Necessary (Imposing All-or-Nothing Liability); Defense Requires Force Was Actually Necessary, but Provides a Separate Mistake Excuse
- Excuse Defenses
- Insanity Defense: Insanity Defense Abolished, Insanity Defense Requires Complete Loss of Understanding, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Criminality of Conduct, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Wrongfulness of Conduct, Insanity Defense If Offense Is Product of Disease, Insanity Defense Has No Control Prong, Insanity Defense If Irresistible Impulse, Insanity Defense If Substantial Impairment
- Immaturity Defense: 16 and Above, 15, 14, 13, 12, No Minimum Age
- Nonexculpatory Defenses
- Statute of Limitations: Only Murder Is Exempt from the Statute of Limitation, Statute of Limitation Does Not Apply to Any Capital Offense, Statute of Limitation Does Not Apply to Certain Enumerated Felonies, Statute of Limitation Does Not Apply to Any Felonies
- Exclusionary Rule: Exclusionary Rule Rejected, before 1914; Exclusionary Rule Rejected, after 1914; Exclusionary Rule Adopted, before 1961; Had Not Addressed Exclusionary Rule as of 1961
- Entrapment Defense: Defense Available If Not Predisposed, but Not Offense of Violence; Defense Available If Not Predisposed, Even If Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, but Not for Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, Even If Crime of Violence
- Offenses against the Person and Property
- Criminalizing Risk Creation: General Reckless Endangerment Offense, Risking Catastrophe Offense, Reckless Burning Offense
- Statutory Rape: Criminal for Adult to Have Intercourse with a Partner under 16, Criminal for Adult to Have Intercourse with a Partner under 17, Criminal for Adult to Have Intercourse with a Partner under 18, Recognizing a Close-in-Age Exception, No Close-in-Age Exception Recognized
- Domestic Violence: No Martial Rape Exception, Mandatory Arrest; Limited Marital Rape Exception, Mandatory Arrest; No Marital Rape Exception, Presumptive Arrest; Limited Marital Rape Exception, Presumptive Arrest; No Marital Rape Exception, Discretionary Arrest; Limited Rape Exception, Discretionary Arrest
- Stalking and Harassment: Requires Actual Fear or Distress, Punished as a Misdemeanor; Requires Actual Fear or Distress, Punished as a Felony; Enough That Intended or Believed Would Cause Distress, Punished as a Misdemeanor; Enough That Intended or Believed Would Cause Distress, Punished as a Felony
- Child Neglect: Criminalize Only Neglect of General Health or Welfare; Also Criminalize Neglect of "Education"; Also Criminalize Neglect of "Mental" or "Emotional" Health; Also Criminalize Neglect of "Mental" or "Emotional" Health, "Education"
- Deceptive Business Practices: Criminalizes False Advertising and False Measure, Criminalizes False Advertising Only, Criminalizes False Measure Only, Civil Remedies Only
- Extortion: Offender Must Demand Property, Offender May Demand Any Act, Effect of Threat Must Be to Actually Extort, Enough That the Offender Intends to Extort
- Public Order and Decency Offenses
- Adultery: Repealed by 1995; Repealed after 1995; Current Offense, Misdemeanor; Current Offense, Felony
- Criminal Obscenity: No Obscenity Offense; Defines Obscenity as Lacks Serious Value and Prurient Interest; Defines Obscenity as Lacks Serious Value and Prurient Interest, Also Prohibits Devices; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive, Also Prohibits Devices; Obscenity Offense but Leaves Obscenity Undefined
- Child Pornography: Person Depicted Must Be under 16 Years Old, Person Depicted Must Be under 17 Years Old, Person Depicted Must Be under 18 Years Old, Possession Punished the Same as Production or Distribution
- Offenses against the Community
- Drug Offenses: Marijuana Decriminalized; Marijuana a Civil Infraction Only; Misdemeanor, Fine Only; Misdemeanor, Jail; Felony, Jail; Life Imprisonment for Serious Nonviolent Drug Offense; Life without Parole for Serious Nonviolent Drug Offense
- Firearms Possession Offenses: Domestic Abusers Prohibited, Domestic Abusers Not Prohibited, Alcohol Abusers Prohibited, Possession Prohibited by Other Specified Misdemeanors
- Predatory Pricing: No Criminalization of Either Form of Predatory Pricing, Criminalizes Sales Below Cost, Criminalizes Price Discrimination
- Organized Crime: No Organized Crime Offense, Non-RICO Organized Crime Statutes, Asset Forfeiture Only, RICO with 4 to 14 Years Maximum, RICO with 15 to 24 Years Maximum, RICO with 25 Years to Life Maximum
- Fixing Sporting Events: Criminalizes Bribery of Officials or Participants, Criminalizes Only Bribery of Participants, Does Not Criminalize Sports Bribery, Criminalizes Sports Tampering
- Procedural Issues
- Extradition: Extradition Sought for All Violent Felony Warrants, Extradition Declined for 1 to 5 Percent of Violent Felony Warrants, Extradition Declined for 6 to 10 Percent of Violent Felony Warrants, Extradition Declined for 11 to 30 Percent of Violent Felony Warrants, Extradition Declined for Greater than 30 Percent of Violent Felony Warrants
- Jurisdiction: Requires Essential Offense Element, Requires Any Offense Element, Requires Any Part of Offense, Requires Only Detrimental Effect
Ohio
- Punishment Theory and Legality
- Distributive Principles of Criminal Law: Desert as a Distributive Principle, Deterrence as a Distributive Principle, Incapacitation as a Distributive Principle, Rehabilitation as a Correctional Policy, Deontological Desert Distributive Principles, Empirical Desert Distributive Principles, The Principle of Full Offense Proportionality, Full Offense Proportionality Plus Protecting the Blameless, A Partial Offense Proportionality Principle, Partial Offense Proportionality Plus Protecting Blameless, No Proportionality and No Protection of the Blameless
- Habitual Offender Statutes: Life Sentence Only If Offenses Were Violent Crimes, Life Sentence Only If at Least One of the Offenses Was a Specifically Enumerated Offense, Life Sentence Even Though None of Prior Offenses Were Violent Crimes
- Death Penalty: Death Penalty Unavailable, Death Penalty Available, Aggravation for Cruel or Depraved Killing, Aggravation for Killing a Child
- Legality: Offense Must Be Fully Codified; Offense Must Be Legislatively Recognized, but Not All of Its Elements Need to Be Codified; Allow Uncodified Offenses but Limit Punishment for Them; Allow Uncodified Offenses
- Homicide
- Provocation/Extreme Emotional Disturbance: Model Penal Code's Extreme Emotional Disturbance Mitigation, Common-Law Provocation: Words Alone Are Sufficient, Common-Law Provocation: Words Alone Are Sufficient Only If They Report Provocative Act, Common-Law Provocation: Words Alone Are Never Sufficient, No Provocation Mitigation
- Felony Murder: Normal Murder Requirements, Recklessness Required for Felony-Murder Liability, Negligence Required for Felony-Murder Liability, Malice Required for Felony-Murder Liability, No Culpability for Felony-Murder Liability
- Causation: Factual Causal Accountability If Sufficient Concurrent Cause, Factual Causal Accountability If Substantial Concurrent Cause, Have Adopted No Solution to the Factual Cause But-For Test Problem in Concurrent-Cause Cases, Proximate Cause as a Normative Judgment, Proximate Cause as an Apparent Factual Standard
- Liability Doctrines
- Transferred Intent: Transfer Only Intent or Knowledge, Not in Attempt Cases; Transfer All Culpability Levels, Not in Attempt Cases; Transfer Intent or Knowledge Even in Cases of Attempts; Transfer All Levels Even in Cases of Attempts
- Consent to Injury: Consent as a Defense to Even Serious Bodily Injury, Consent as a Defense to Nonserious Injury, Consent Not a Defense to Bodily Injury, Permitting Assistance of Suicide
- Mental Illness and Culpability: Mental Illness Can Negate Any Offense Element, Mental Illness Can Negate Only Specific Intent, Mental Illness Cannot Negate Any Offense Element, Abolish Insanity Defense
- Attempt: Proximity and Intent Required, Proximity Required but Permits Lesser Culpability, Substantial Step Sufficient and Intent Required, Substantial Step Sufficient and Permits Lesser Culpability
- Complicity: Complicity Requires Purpose, Natural and Probable Consequence Rule Rejected; Complicity Requires Purpose, Natural and Probable Consequence Rule Adopted; Complicity Requires Only Knowledges, Natural Probable Consequences Rule Rejected; Complicity Requires Only Knowledge, Natural Probable Consequence Rule Adopted
- Complicity Liability of Coconspirators: Adopts Pinkerton Rule, Rejects Withdrawal Defense; Adopts Pinkerton, Adopts Withdrawal Defense If Positive Steps; Adopts Pinkerton, Adopts Simple Withdrawal Defense; Rejects Pinkerton, Rejects Termination Defense to Complicity; Rejects Pinkerton, Adopts Termination Defense to Complicity
- Justification Defenses
- Lesser Evils/Necessity Defense: Lesser Evils Formulation, Imminence Not Required; Lesser Evils Formulation, Imminence Required; "No Alternative" Formulation, Imminence Not Required; "No Alternative" Formulation, Imminence Required; Lesser Evils/Necessity Defense Not Yet Recognized
- Self Defense: Authorizes Deadly Force Only against Threat of Serious Bodily Injury, Authorizes Deadly Force against Threat of Serious Bodily Injury or Enumerated Serious Felonies, Authorizes Deadly Force against Threat of Most Forcible Felonies, Authorizes Deadly Force against Threat of Any Felony
- Law Enforcement Authority: Defense Only Requires Defendant Believed Force Was Necessary, but Separate Provision Imposes Sliding-Scale Liability for Mistake; Defense Requires Defendant Reasonably Believed Force Was Necessary (Imposing All-or-Nothing Liability); Defense Requires Force Was Actually Necessary, but Provides a Separate Mistake Excuse
- Excuse Defenses
- Insanity Defense: Insanity Defense Abolished, Insanity Defense Requires Complete Loss of Understanding, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Criminality of Conduct, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Wrongfulness of Conduct, Insanity Defense If Offense Is Product of Disease, Insanity Defense Has No Control Prong, Insanity Defense If Irresistible Impulse, Insanity Defense If Substantial Impairment
- Immaturity Defense: 16 and Above, 15, 14, 13, 12, No Minimum Age
- Nonexculpatory Defenses
- Statute of Limitations: Only Murder Is Exempt from the Statute of Limitation, Statute of Limitation Does Not Apply to Any Capital Offense, Statute of Limitation Does Not Apply to Certain Enumerated Felonies, Statute of Limitation Does Not Apply to Any Felonies
- Exclusionary Rule: Exclusionary Rule Rejected, before 1914; Exclusionary Rule Rejected, after 1914; Exclusionary Rule Adopted, before 1961; Had Not Addressed Exclusionary Rule as of 1961
- Entrapment Defense: Defense Available If Not Predisposed, but Not Offense of Violence; Defense Available If Not Predisposed, Even If Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, but Not for Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, Even If Crime of Violence
- Offenses against the Person and Property
- Criminalizing Risk Creation: General Reckless Endangerment Offense, Risking Catastrophe Offense, Reckless Burning Offense
- Statutory Rape: Criminal for Adult to Have Intercourse with a Partner under 16, Criminal for Adult to Have Intercourse with a Partner under 17, Criminal for Adult to Have Intercourse with a Partner under 18, Recognizing a Close-in-Age Exception, No Close-in-Age Exception Recognized
- Domestic Violence: No Martial Rape Exception, Mandatory Arrest; Limited Marital Rape Exception, Mandatory Arrest; No Marital Rape Exception, Presumptive Arrest; Limited Marital Rape Exception, Presumptive Arrest; No Marital Rape Exception, Discretionary Arrest; Limited Rape Exception, Discretionary Arrest
- Stalking and Harassment: Requires Actual Fear or Distress, Punished as a Misdemeanor; Requires Actual Fear or Distress, Punished as a Felony; Enough That Intended or Believed Would Cause Distress, Punished as a Misdemeanor; Enough That Intended or Believed Would Cause Distress, Punished as a Felony
- Child Neglect: Criminalize Only Neglect of General Health or Welfare; Also Criminalize Neglect of "Education"; Also Criminalize Neglect of "Mental" or "Emotional" Health; Also Criminalize Neglect of "Mental" or "Emotional" Health, "Education"
- Deceptive Business Practices: Criminalizes False Advertising and False Measure, Criminalizes False Advertising Only, Criminalizes False Measure Only, Civil Remedies Only
- Extortion: Offender Must Demand Property, Offender May Demand Any Act, Effect of Threat Must Be to Actually Extort, Enough That the Offender Intends to Extort
- Public Order and Decency Offenses
- Adultery: Repealed by 1995; Repealed after 1995; Current Offense, Misdemeanor; Current Offense, Felony
- Criminal Obscenity: No Obscenity Offense; Defines Obscenity as Lacks Serious Value and Prurient Interest; Defines Obscenity as Lacks Serious Value and Prurient Interest, Also Prohibits Devices; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive, Also Prohibits Devices; Obscenity Offense but Leaves Obscenity Undefined
- Child Pornography: Person Depicted Must Be under 16 Years Old, Person Depicted Must Be under 17 Years Old, Person Depicted Must Be under 18 Years Old, Possession Punished the Same as Production or Distribution
- Offenses against the Community
- Drug Offenses: Marijuana Decriminalized; Marijuana a Civil Infraction Only; Misdemeanor, Fine Only; Misdemeanor, Jail; Felony, Jail; Life Imprisonment for Serious Nonviolent Drug Offense; Life without Parole for Serious Nonviolent Drug Offense
- Firearms Possession Offenses: Domestic Abusers Prohibited, Domestic Abusers Not Prohibited, Alcohol Abusers Prohibited, Possession Prohibited by Other Specified Misdemeanors
- Predatory Pricing: No Criminalization of Either Form of Predatory Pricing, Criminalizes Sales Below Cost, Criminalizes Price Discrimination
- Organized Crime: No Organized Crime Offense, Non-RICO Organized Crime Statutes, Asset Forfeiture Only, RICO with 4 to 14 Years Maximum, RICO with 15 to 24 Years Maximum, RICO with 25 Years to Life Maximum
- Fixing Sporting Events: Criminalizes Bribery of Officials or Participants, Criminalizes Only Bribery of Participants, Does Not Criminalize Sports Bribery, Criminalizes Sports Tampering
- Procedural Issues
- Extradition: Extradition Sought for All Violent Felony Warrants, Extradition Declined for 1 to 5 Percent of Violent Felony Warrants, Extradition Declined for 6 to 10 Percent of Violent Felony Warrants, Extradition Declined for 11 to 30 Percent of Violent Felony Warrants, Extradition Declined for Greater than 30 Percent of Violent Felony Warrants
- Jurisdiction: Requires Essential Offense Element, Requires Any Offense Element, Requires Any Part of Offense, Requires Only Detrimental Effect
Oklahoma
- Punishment Theory and Legality
- Distributive Principles of Criminal Law: Desert as a Distributive Principle, Deterrence as a Distributive Principle, Incapacitation as a Distributive Principle, Rehabilitation as a Correctional Policy, Deontological Desert Distributive Principles, Empirical Desert Distributive Principles, The Principle of Full Offense Proportionality, Full Offense Proportionality Plus Protecting the Blameless, A Partial Offense Proportionality Principle, Partial Offense Proportionality Plus Protecting Blameless, No Proportionality and No Protection of the Blameless
- Habitual Offender Statutes: Life Sentence Only If Offenses Were Violent Crimes, Life Sentence Only If at Least One of the Offenses Was a Specifically Enumerated Offense, Life Sentence Even Though None of Prior Offenses Were Violent Crimes
- Death Penalty: Death Penalty Unavailable, Death Penalty Available, Aggravation for Cruel or Depraved Killing, Aggravation for Killing a Child
- Legality: Offense Must Be Fully Codified; Offense Must Be Legislatively Recognized, but Not All of Its Elements Need to Be Codified; Allow Uncodified Offenses but Limit Punishment for Them; Allow Uncodified Offenses
- Homicide
- Provocation/Extreme Emotional Disturbance: Model Penal Code's Extreme Emotional Disturbance Mitigation, Common-Law Provocation: Words Alone Are Sufficient, Common-Law Provocation: Words Alone Are Sufficient Only If They Report Provocative Act, Common-Law Provocation: Words Alone Are Never Sufficient, No Provocation Mitigation
- Felony Murder: Normal Murder Requirements, Recklessness Required for Felony-Murder Liability, Negligence Required for Felony-Murder Liability, Malice Required for Felony-Murder Liability, No Culpability for Felony-Murder Liability
- Causation: Factual Causal Accountability If Sufficient Concurrent Cause, Factual Causal Accountability If Substantial Concurrent Cause, Have Adopted No Solution to the Factual Cause But-For Test Problem in Concurrent-Cause Cases, Proximate Cause as a Normative Judgment, Proximate Cause as an Apparent Factual Standard
- Liability Doctrines
- Transferred Intent: Transfer Only Intent or Knowledge, Not in Attempt Cases; Transfer All Culpability Levels, Not in Attempt Cases; Transfer Intent or Knowledge Even in Cases of Attempts; Transfer All Levels Even in Cases of Attempts
- Consent to Injury: Consent as a Defense to Even Serious Bodily Injury, Consent as a Defense to Nonserious Injury, Consent Not a Defense to Bodily Injury, Permitting Assistance of Suicide
- Mental Illness and Culpability: Mental Illness Can Negate Any Offense Element, Mental Illness Can Negate Only Specific Intent, Mental Illness Cannot Negate Any Offense Element, Abolish Insanity Defense
- Attempt: Proximity and Intent Required, Proximity Required but Permits Lesser Culpability, Substantial Step Sufficient and Intent Required, Substantial Step Sufficient and Permits Lesser Culpability
- Complicity: Complicity Requires Purpose, Natural and Probable Consequence Rule Rejected; Complicity Requires Purpose, Natural and Probable Consequence Rule Adopted; Complicity Requires Only Knowledges, Natural Probable Consequences Rule Rejected; Complicity Requires Only Knowledge, Natural Probable Consequence Rule Adopted
- Complicity Liability of Coconspirators: Adopts Pinkerton Rule, Rejects Withdrawal Defense; Adopts Pinkerton, Adopts Withdrawal Defense If Positive Steps; Adopts Pinkerton, Adopts Simple Withdrawal Defense; Rejects Pinkerton, Rejects Termination Defense to Complicity; Rejects Pinkerton, Adopts Termination Defense to Complicity
- Justification Defenses
- Lesser Evils/Necessity Defense: Lesser Evils Formulation, Imminence Not Required; Lesser Evils Formulation, Imminence Required; "No Alternative" Formulation, Imminence Not Required; "No Alternative" Formulation, Imminence Required; Lesser Evils/Necessity Defense Not Yet Recognized
- Self Defense: Authorizes Deadly Force Only against Threat of Serious Bodily Injury, Authorizes Deadly Force against Threat of Serious Bodily Injury or Enumerated Serious Felonies, Authorizes Deadly Force against Threat of Most Forcible Felonies, Authorizes Deadly Force against Threat of Any Felony
- Law Enforcement Authority: Defense Only Requires Defendant Believed Force Was Necessary, but Separate Provision Imposes Sliding-Scale Liability for Mistake; Defense Requires Defendant Reasonably Believed Force Was Necessary (Imposing All-or-Nothing Liability); Defense Requires Force Was Actually Necessary, but Provides a Separate Mistake Excuse
- Excuse Defenses
- Insanity Defense: Insanity Defense Abolished, Insanity Defense Requires Complete Loss of Understanding, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Criminality of Conduct, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Wrongfulness of Conduct, Insanity Defense If Offense Is Product of Disease, Insanity Defense Has No Control Prong, Insanity Defense If Irresistible Impulse, Insanity Defense If Substantial Impairment
- Immaturity Defense: 16 and Above, 15, 14, 13, 12, No Minimum Age
- Nonexculpatory Defenses
- Statute of Limitations: Only Murder Is Exempt from the Statute of Limitation, Statute of Limitation Does Not Apply to Any Capital Offense, Statute of Limitation Does Not Apply to Certain Enumerated Felonies, Statute of Limitation Does Not Apply to Any Felonies
- Exclusionary Rule: Exclusionary Rule Rejected, before 1914; Exclusionary Rule Rejected, after 1914; Exclusionary Rule Adopted, before 1961; Had Not Addressed Exclusionary Rule as of 1961
- Entrapment Defense: Defense Available If Not Predisposed, but Not Offense of Violence; Defense Available If Not Predisposed, Even If Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, but Not for Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, Even If Crime of Violence
- Offenses against the Person and Property
- Criminalizing Risk Creation: General Reckless Endangerment Offense, Risking Catastrophe Offense, Reckless Burning Offense
- Statutory Rape: Criminal for Adult to Have Intercourse with a Partner under 16, Criminal for Adult to Have Intercourse with a Partner under 17, Criminal for Adult to Have Intercourse with a Partner under 18, Recognizing a Close-in-Age Exception, No Close-in-Age Exception Recognized
- Domestic Violence: No Martial Rape Exception, Mandatory Arrest; Limited Marital Rape Exception, Mandatory Arrest; No Marital Rape Exception, Presumptive Arrest; Limited Marital Rape Exception, Presumptive Arrest; No Marital Rape Exception, Discretionary Arrest; Limited Rape Exception, Discretionary Arrest
- Stalking and Harassment: Requires Actual Fear or Distress, Punished as a Misdemeanor; Requires Actual Fear or Distress, Punished as a Felony; Enough That Intended or Believed Would Cause Distress, Punished as a Misdemeanor; Enough That Intended or Believed Would Cause Distress, Punished as a Felony
- Child Neglect: Criminalize Only Neglect of General Health or Welfare; Also Criminalize Neglect of "Education"; Also Criminalize Neglect of "Mental" or "Emotional" Health; Also Criminalize Neglect of "Mental" or "Emotional" Health, "Education"
- Deceptive Business Practices: Criminalizes False Advertising and False Measure, Criminalizes False Advertising Only, Criminalizes False Measure Only, Civil Remedies Only
- Extortion: Offender Must Demand Property, Offender May Demand Any Act, Effect of Threat Must Be to Actually Extort, Enough That the Offender Intends to Extort
- Public Order and Decency Offenses
- Adultery: Repealed by 1995; Repealed after 1995; Current Offense, Misdemeanor; Current Offense, Felony
- Criminal Obscenity: No Obscenity Offense; Defines Obscenity as Lacks Serious Value and Prurient Interest; Defines Obscenity as Lacks Serious Value and Prurient Interest, Also Prohibits Devices; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive, Also Prohibits Devices; Obscenity Offense but Leaves Obscenity Undefined
- Child Pornography: Person Depicted Must Be under 16 Years Old, Person Depicted Must Be under 17 Years Old, Person Depicted Must Be under 18 Years Old, Possession Punished the Same as Production or Distribution
- Offenses against the Community
- Drug Offenses: Marijuana Decriminalized; Marijuana a Civil Infraction Only; Misdemeanor, Fine Only; Misdemeanor, Jail; Felony, Jail; Life Imprisonment for Serious Nonviolent Drug Offense; Life without Parole for Serious Nonviolent Drug Offense
- Firearms Possession Offenses: Domestic Abusers Prohibited, Domestic Abusers Not Prohibited, Alcohol Abusers Prohibited, Possession Prohibited by Other Specified Misdemeanors
- Predatory Pricing: No Criminalization of Either Form of Predatory Pricing, Criminalizes Sales Below Cost, Criminalizes Price Discrimination
- Organized Crime: No Organized Crime Offense, Non-RICO Organized Crime Statutes, Asset Forfeiture Only, RICO with 4 to 14 Years Maximum, RICO with 15 to 24 Years Maximum, RICO with 25 Years to Life Maximum
- Fixing Sporting Events: Criminalizes Bribery of Officials or Participants, Criminalizes Only Bribery of Participants, Does Not Criminalize Sports Bribery, Criminalizes Sports Tampering
- Procedural Issues
- Extradition: Extradition Sought for All Violent Felony Warrants, Extradition Declined for 1 to 5 Percent of Violent Felony Warrants, Extradition Declined for 6 to 10 Percent of Violent Felony Warrants, Extradition Declined for 11 to 30 Percent of Violent Felony Warrants, Extradition Declined for Greater than 30 Percent of Violent Felony Warrants
- Jurisdiction: Requires Essential Offense Element, Requires Any Offense Element, Requires Any Part of Offense, Requires Only Detrimental Effect
Oregon
- Punishment Theory and Legality
- Distributive Principles of Criminal Law: Desert as a Distributive Principle, Deterrence as a Distributive Principle, Incapacitation as a Distributive Principle, Rehabilitation as a Correctional Policy, Deontological Desert Distributive Principles, Empirical Desert Distributive Principles, The Principle of Full Offense Proportionality, Full Offense Proportionality Plus Protecting the Blameless, A Partial Offense Proportionality Principle, Partial Offense Proportionality Plus Protecting Blameless, No Proportionality and No Protection of the Blameless
- Habitual Offender Statutes: Life Sentence Only If Offenses Were Violent Crimes, Life Sentence Only If at Least One of the Offenses Was a Specifically Enumerated Offense, Life Sentence Even Though None of Prior Offenses Were Violent Crimes
- Death Penalty: Death Penalty Unavailable, Death Penalty Available, Aggravation for Cruel or Depraved Killing, Aggravation for Killing a Child
- Legality: Offense Must Be Fully Codified; Offense Must Be Legislatively Recognized, but Not All of Its Elements Need to Be Codified; Allow Uncodified Offenses but Limit Punishment for Them; Allow Uncodified Offenses
- Homicide
- Provocation/Extreme Emotional Disturbance: Model Penal Code's Extreme Emotional Disturbance Mitigation, Common-Law Provocation: Words Alone Are Sufficient, Common-Law Provocation: Words Alone Are Sufficient Only If They Report Provocative Act, Common-Law Provocation: Words Alone Are Never Sufficient, No Provocation Mitigation
- Felony Murder: Normal Murder Requirements, Recklessness Required for Felony-Murder Liability, Negligence Required for Felony-Murder Liability, Malice Required for Felony-Murder Liability, No Culpability for Felony-Murder Liability
- Causation: Factual Causal Accountability If Sufficient Concurrent Cause, Factual Causal Accountability If Substantial Concurrent Cause, Have Adopted No Solution to the Factual Cause But-For Test Problem in Concurrent-Cause Cases, Proximate Cause as a Normative Judgment, Proximate Cause as an Apparent Factual Standard
- Liability Doctrines
- Transferred Intent: Transfer Only Intent or Knowledge, Not in Attempt Cases; Transfer All Culpability Levels, Not in Attempt Cases; Transfer Intent or Knowledge Even in Cases of Attempts; Transfer All Levels Even in Cases of Attempts
- Consent to Injury: Consent as a Defense to Even Serious Bodily Injury, Consent as a Defense to Nonserious Injury, Consent Not a Defense to Bodily Injury, Permitting Assistance of Suicide
- Mental Illness and Culpability: Mental Illness Can Negate Any Offense Element, Mental Illness Can Negate Only Specific Intent, Mental Illness Cannot Negate Any Offense Element, Abolish Insanity Defense
- Attempt: Proximity and Intent Required, Proximity Required but Permits Lesser Culpability, Substantial Step Sufficient and Intent Required, Substantial Step Sufficient and Permits Lesser Culpability
- Complicity: Complicity Requires Purpose, Natural and Probable Consequence Rule Rejected; Complicity Requires Purpose, Natural and Probable Consequence Rule Adopted; Complicity Requires Only Knowledges, Natural Probable Consequences Rule Rejected; Complicity Requires Only Knowledge, Natural Probable Consequence Rule Adopted
- Complicity Liability of Coconspirators: Adopts Pinkerton Rule, Rejects Withdrawal Defense; Adopts Pinkerton, Adopts Withdrawal Defense If Positive Steps; Adopts Pinkerton, Adopts Simple Withdrawal Defense; Rejects Pinkerton, Rejects Termination Defense to Complicity; Rejects Pinkerton, Adopts Termination Defense to Complicity
- Justification Defenses
- Lesser Evils/Necessity Defense: Lesser Evils Formulation, Imminence Not Required; Lesser Evils Formulation, Imminence Required; "No Alternative" Formulation, Imminence Not Required; "No Alternative" Formulation, Imminence Required; Lesser Evils/Necessity Defense Not Yet Recognized
- Self Defense: Authorizes Deadly Force Only against Threat of Serious Bodily Injury, Authorizes Deadly Force against Threat of Serious Bodily Injury or Enumerated Serious Felonies, Authorizes Deadly Force against Threat of Most Forcible Felonies, Authorizes Deadly Force against Threat of Any Felony
- Law Enforcement Authority: Defense Only Requires Defendant Believed Force Was Necessary, but Separate Provision Imposes Sliding-Scale Liability for Mistake; Defense Requires Defendant Reasonably Believed Force Was Necessary (Imposing All-or-Nothing Liability); Defense Requires Force Was Actually Necessary, but Provides a Separate Mistake Excuse
- Excuse Defenses
- Insanity Defense: Insanity Defense Abolished, Insanity Defense Requires Complete Loss of Understanding, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Criminality of Conduct, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Wrongfulness of Conduct, Insanity Defense If Offense Is Product of Disease, Insanity Defense Has No Control Prong, Insanity Defense If Irresistible Impulse, Insanity Defense If Substantial Impairment
- Immaturity Defense: 16 and Above, 15, 14, 13, 12, No Minimum Age
- Nonexculpatory Defenses
- Statute of Limitations: Only Murder Is Exempt from the Statute of Limitation, Statute of Limitation Does Not Apply to Any Capital Offense, Statute of Limitation Does Not Apply to Certain Enumerated Felonies, Statute of Limitation Does Not Apply to Any Felonies
- Exclusionary Rule: Exclusionary Rule Rejected, before 1914; Exclusionary Rule Rejected, after 1914; Exclusionary Rule Adopted, before 1961; Had Not Addressed Exclusionary Rule as of 1961
- Entrapment Defense: Defense Available If Not Predisposed, but Not Offense of Violence; Defense Available If Not Predisposed, Even If Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, but Not for Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, Even If Crime of Violence
- Offenses against the Person and Property
- Criminalizing Risk Creation: General Reckless Endangerment Offense, Risking Catastrophe Offense, Reckless Burning Offense
- Statutory Rape: Criminal for Adult to Have Intercourse with a Partner under 16, Criminal for Adult to Have Intercourse with a Partner under 17, Criminal for Adult to Have Intercourse with a Partner under 18, Recognizing a Close-in-Age Exception, No Close-in-Age Exception Recognized
- Domestic Violence: No Martial Rape Exception, Mandatory Arrest; Limited Marital Rape Exception, Mandatory Arrest; No Marital Rape Exception, Presumptive Arrest; Limited Marital Rape Exception, Presumptive Arrest; No Marital Rape Exception, Discretionary Arrest; Limited Rape Exception, Discretionary Arrest
- Stalking and Harassment: Requires Actual Fear or Distress, Punished as a Misdemeanor; Requires Actual Fear or Distress, Punished as a Felony; Enough That Intended or Believed Would Cause Distress, Punished as a Misdemeanor; Enough That Intended or Believed Would Cause Distress, Punished as a Felony
- Child Neglect: Criminalize Only Neglect of General Health or Welfare; Also Criminalize Neglect of "Education"; Also Criminalize Neglect of "Mental" or "Emotional" Health; Also Criminalize Neglect of "Mental" or "Emotional" Health, "Education"
- Deceptive Business Practices: Criminalizes False Advertising and False Measure, Criminalizes False Advertising Only, Criminalizes False Measure Only, Civil Remedies Only
- Extortion: Offender Must Demand Property, Offender May Demand Any Act, Effect of Threat Must Be to Actually Extort, Enough That the Offender Intends to Extort
- Public Order and Decency Offenses
- Adultery: Repealed by 1995; Repealed after 1995; Current Offense, Misdemeanor; Current Offense, Felony
- Criminal Obscenity: No Obscenity Offense; Defines Obscenity as Lacks Serious Value and Prurient Interest; Defines Obscenity as Lacks Serious Value and Prurient Interest, Also Prohibits Devices; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive, Also Prohibits Devices; Obscenity Offense but Leaves Obscenity Undefined
- Child Pornography: Person Depicted Must Be under 16 Years Old, Person Depicted Must Be under 17 Years Old, Person Depicted Must Be under 18 Years Old, Possession Punished the Same as Production or Distribution
- Offenses against the Community
- Drug Offenses: Marijuana Decriminalized; Marijuana a Civil Infraction Only; Misdemeanor, Fine Only; Misdemeanor, Jail; Felony, Jail; Life Imprisonment for Serious Nonviolent Drug Offense; Life without Parole for Serious Nonviolent Drug Offense
- Firearms Possession Offenses: Domestic Abusers Prohibited, Domestic Abusers Not Prohibited, Alcohol Abusers Prohibited, Possession Prohibited by Other Specified Misdemeanors
- Predatory Pricing: No Criminalization of Either Form of Predatory Pricing, Criminalizes Sales Below Cost, Criminalizes Price Discrimination
- Organized Crime: No Organized Crime Offense, Non-RICO Organized Crime Statutes, Asset Forfeiture Only, RICO with 4 to 14 Years Maximum, RICO with 15 to 24 Years Maximum, RICO with 25 Years to Life Maximum
- Fixing Sporting Events: Criminalizes Bribery of Officials or Participants, Criminalizes Only Bribery of Participants, Does Not Criminalize Sports Bribery, Criminalizes Sports Tampering
- Procedural Issues
- Extradition: Extradition Sought for All Violent Felony Warrants, Extradition Declined for 1 to 5 Percent of Violent Felony Warrants, Extradition Declined for 6 to 10 Percent of Violent Felony Warrants, Extradition Declined for 11 to 30 Percent of Violent Felony Warrants, Extradition Declined for Greater than 30 Percent of Violent Felony Warrants
- Jurisdiction: Requires Essential Offense Element, Requires Any Offense Element, Requires Any Part of Offense, Requires Only Detrimental Effect
Pennsylvania
- Punishment Theory and Legality
- Distributive Principles of Criminal Law: Desert as a Distributive Principle, Deterrence as a Distributive Principle, Incapacitation as a Distributive Principle, Rehabilitation as a Correctional Policy, Deontological Desert Distributive Principles, Empirical Desert Distributive Principles, The Principle of Full Offense Proportionality, Full Offense Proportionality Plus Protecting the Blameless, A Partial Offense Proportionality Principle, Partial Offense Proportionality Plus Protecting Blameless, No Proportionality and No Protection of the Blameless
- Habitual Offender Statutes: Life Sentence Only If Offenses Were Violent Crimes, Life Sentence Only If at Least One of the Offenses Was a Specifically Enumerated Offense, Life Sentence Even Though None of Prior Offenses Were Violent Crimes
- Death Penalty: Death Penalty Unavailable, Death Penalty Available, Aggravation for Cruel or Depraved Killing, Aggravation for Killing a Child
- Legality: Offense Must Be Fully Codified; Offense Must Be Legislatively Recognized, but Not All of Its Elements Need to Be Codified; Allow Uncodified Offenses but Limit Punishment for Them; Allow Uncodified Offenses
- Homicide
- Provocation/Extreme Emotional Disturbance: Model Penal Code's Extreme Emotional Disturbance Mitigation, Common-Law Provocation: Words Alone Are Sufficient, Common-Law Provocation: Words Alone Are Sufficient Only If They Report Provocative Act, Common-Law Provocation: Words Alone Are Never Sufficient, No Provocation Mitigation
- Felony Murder: Normal Murder Requirements, Recklessness Required for Felony-Murder Liability, Negligence Required for Felony-Murder Liability, Malice Required for Felony-Murder Liability, No Culpability for Felony-Murder Liability
- Causation: Factual Causal Accountability If Sufficient Concurrent Cause, Factual Causal Accountability If Substantial Concurrent Cause, Have Adopted No Solution to the Factual Cause But-For Test Problem in Concurrent-Cause Cases, Proximate Cause as a Normative Judgment, Proximate Cause as an Apparent Factual Standard
- Liability Doctrines
- Transferred Intent: Transfer Only Intent or Knowledge, Not in Attempt Cases; Transfer All Culpability Levels, Not in Attempt Cases; Transfer Intent or Knowledge Even in Cases of Attempts; Transfer All Levels Even in Cases of Attempts
- Consent to Injury: Consent as a Defense to Even Serious Bodily Injury, Consent as a Defense to Nonserious Injury, Consent Not a Defense to Bodily Injury, Permitting Assistance of Suicide
- Mental Illness and Culpability: Mental Illness Can Negate Any Offense Element, Mental Illness Can Negate Only Specific Intent, Mental Illness Cannot Negate Any Offense Element, Abolish Insanity Defense
- Attempt: Proximity and Intent Required, Proximity Required but Permits Lesser Culpability, Substantial Step Sufficient and Intent Required, Substantial Step Sufficient and Permits Lesser Culpability
- Complicity: Complicity Requires Purpose, Natural and Probable Consequence Rule Rejected; Complicity Requires Purpose, Natural and Probable Consequence Rule Adopted; Complicity Requires Only Knowledges, Natural Probable Consequences Rule Rejected; Complicity Requires Only Knowledge, Natural Probable Consequence Rule Adopted
- Complicity Liability of Coconspirators: Adopts Pinkerton Rule, Rejects Withdrawal Defense; Adopts Pinkerton, Adopts Withdrawal Defense If Positive Steps; Adopts Pinkerton, Adopts Simple Withdrawal Defense; Rejects Pinkerton, Rejects Termination Defense to Complicity; Rejects Pinkerton, Adopts Termination Defense to Complicity
- Justification Defenses
- Lesser Evils/Necessity Defense: Lesser Evils Formulation, Imminence Not Required; Lesser Evils Formulation, Imminence Required; "No Alternative" Formulation, Imminence Not Required; "No Alternative" Formulation, Imminence Required; Lesser Evils/Necessity Defense Not Yet Recognized
- Self Defense: Authorizes Deadly Force Only against Threat of Serious Bodily Injury, Authorizes Deadly Force against Threat of Serious Bodily Injury or Enumerated Serious Felonies, Authorizes Deadly Force against Threat of Most Forcible Felonies, Authorizes Deadly Force against Threat of Any Felony
- Law Enforcement Authority: Defense Only Requires Defendant Believed Force Was Necessary, but Separate Provision Imposes Sliding-Scale Liability for Mistake; Defense Requires Defendant Reasonably Believed Force Was Necessary (Imposing All-or-Nothing Liability); Defense Requires Force Was Actually Necessary, but Provides a Separate Mistake Excuse
- Excuse Defenses
- Insanity Defense: Insanity Defense Abolished, Insanity Defense Requires Complete Loss of Understanding, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Criminality of Conduct, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Wrongfulness of Conduct, Insanity Defense If Offense Is Product of Disease, Insanity Defense Has No Control Prong, Insanity Defense If Irresistible Impulse, Insanity Defense If Substantial Impairment
- Immaturity Defense: 16 and Above, 15, 14, 13, 12, No Minimum Age
- Nonexculpatory Defenses
- Statute of Limitations: Only Murder Is Exempt from the Statute of Limitation, Statute of Limitation Does Not Apply to Any Capital Offense, Statute of Limitation Does Not Apply to Certain Enumerated Felonies, Statute of Limitation Does Not Apply to Any Felonies
- Exclusionary Rule: Exclusionary Rule Rejected, before 1914; Exclusionary Rule Rejected, after 1914; Exclusionary Rule Adopted, before 1961; Had Not Addressed Exclusionary Rule as of 1961
- Entrapment Defense: Defense Available If Not Predisposed, but Not Offense of Violence; Defense Available If Not Predisposed, Even If Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, but Not for Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, Even If Crime of Violence
- Offenses against the Person and Property
- Criminalizing Risk Creation: General Reckless Endangerment Offense, Risking Catastrophe Offense, Reckless Burning Offense
- Statutory Rape: Criminal for Adult to Have Intercourse with a Partner under 16, Criminal for Adult to Have Intercourse with a Partner under 17, Criminal for Adult to Have Intercourse with a Partner under 18, Recognizing a Close-in-Age Exception, No Close-in-Age Exception Recognized
- Domestic Violence: No Martial Rape Exception, Mandatory Arrest; Limited Marital Rape Exception, Mandatory Arrest; No Marital Rape Exception, Presumptive Arrest; Limited Marital Rape Exception, Presumptive Arrest; No Marital Rape Exception, Discretionary Arrest; Limited Rape Exception, Discretionary Arrest
- Stalking and Harassment: Requires Actual Fear or Distress, Punished as a Misdemeanor; Requires Actual Fear or Distress, Punished as a Felony; Enough That Intended or Believed Would Cause Distress, Punished as a Misdemeanor; Enough That Intended or Believed Would Cause Distress, Punished as a Felony
- Child Neglect: Criminalize Only Neglect of General Health or Welfare; Also Criminalize Neglect of "Education"; Also Criminalize Neglect of "Mental" or "Emotional" Health; Also Criminalize Neglect of "Mental" or "Emotional" Health, "Education"
- Deceptive Business Practices: Criminalizes False Advertising and False Measure, Criminalizes False Advertising Only, Criminalizes False Measure Only, Civil Remedies Only
- Extortion: Offender Must Demand Property, Offender May Demand Any Act, Effect of Threat Must Be to Actually Extort, Enough That the Offender Intends to Extort
- Public Order and Decency Offenses
- Adultery: Repealed by 1995; Repealed after 1995; Current Offense, Misdemeanor; Current Offense, Felony
- Criminal Obscenity: No Obscenity Offense; Defines Obscenity as Lacks Serious Value and Prurient Interest; Defines Obscenity as Lacks Serious Value and Prurient Interest, Also Prohibits Devices; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive, Also Prohibits Devices; Obscenity Offense but Leaves Obscenity Undefined
- Child Pornography: Person Depicted Must Be under 16 Years Old, Person Depicted Must Be under 17 Years Old, Person Depicted Must Be under 18 Years Old, Possession Punished the Same as Production or Distribution
- Offenses against the Community
- Drug Offenses: Marijuana Decriminalized; Marijuana a Civil Infraction Only; Misdemeanor, Fine Only; Misdemeanor, Jail; Felony, Jail; Life Imprisonment for Serious Nonviolent Drug Offense; Life without Parole for Serious Nonviolent Drug Offense
- Firearms Possession Offenses: Domestic Abusers Prohibited, Domestic Abusers Not Prohibited, Alcohol Abusers Prohibited, Possession Prohibited by Other Specified Misdemeanors
- Predatory Pricing: No Criminalization of Either Form of Predatory Pricing, Criminalizes Sales Below Cost, Criminalizes Price Discrimination
- Organized Crime: No Organized Crime Offense, Non-RICO Organized Crime Statutes, Asset Forfeiture Only, RICO with 4 to 14 Years Maximum, RICO with 15 to 24 Years Maximum, RICO with 25 Years to Life Maximum
- Fixing Sporting Events: Criminalizes Bribery of Officials or Participants, Criminalizes Only Bribery of Participants, Does Not Criminalize Sports Bribery, Criminalizes Sports Tampering
- Procedural Issues
- Extradition: Extradition Sought for All Violent Felony Warrants, Extradition Declined for 1 to 5 Percent of Violent Felony Warrants, Extradition Declined for 6 to 10 Percent of Violent Felony Warrants, Extradition Declined for 11 to 30 Percent of Violent Felony Warrants, Extradition Declined for Greater than 30 Percent of Violent Felony Warrants
- Jurisdiction: Requires Essential Offense Element, Requires Any Offense Element, Requires Any Part of Offense, Requires Only Detrimental Effect
Rhode Island
- Punishment Theory and Legality
- Distributive Principles of Criminal Law: Desert as a Distributive Principle, Deterrence as a Distributive Principle, Incapacitation as a Distributive Principle, Rehabilitation as a Correctional Policy, Deontological Desert Distributive Principles, Empirical Desert Distributive Principles, The Principle of Full Offense Proportionality, Full Offense Proportionality Plus Protecting the Blameless, A Partial Offense Proportionality Principle, Partial Offense Proportionality Plus Protecting Blameless, No Proportionality and No Protection of the Blameless
- Habitual Offender Statutes: Life Sentence Only If Offenses Were Violent Crimes, Life Sentence Only If at Least One of the Offenses Was a Specifically Enumerated Offense, Life Sentence Even Though None of Prior Offenses Were Violent Crimes
- Death Penalty: Death Penalty Unavailable, Death Penalty Available, Aggravation for Cruel or Depraved Killing, Aggravation for Killing a Child
- Legality: Offense Must Be Fully Codified; Offense Must Be Legislatively Recognized, but Not All of Its Elements Need to Be Codified; Allow Uncodified Offenses but Limit Punishment for Them; Allow Uncodified Offenses
- Homicide
- Provocation/Extreme Emotional Disturbance: Model Penal Code's Extreme Emotional Disturbance Mitigation, Common-Law Provocation: Words Alone Are Sufficient, Common-Law Provocation: Words Alone Are Sufficient Only If They Report Provocative Act, Common-Law Provocation: Words Alone Are Never Sufficient, No Provocation Mitigation
- Felony Murder: Normal Murder Requirements, Recklessness Required for Felony-Murder Liability, Negligence Required for Felony-Murder Liability, Malice Required for Felony-Murder Liability, No Culpability for Felony-Murder Liability
- Causation: Factual Causal Accountability If Sufficient Concurrent Cause, Factual Causal Accountability If Substantial Concurrent Cause, Have Adopted No Solution to the Factual Cause But-For Test Problem in Concurrent-Cause Cases, Proximate Cause as a Normative Judgment, Proximate Cause as an Apparent Factual Standard
- Liability Doctrines
- Transferred Intent: Transfer Only Intent or Knowledge, Not in Attempt Cases; Transfer All Culpability Levels, Not in Attempt Cases; Transfer Intent or Knowledge Even in Cases of Attempts; Transfer All Levels Even in Cases of Attempts
- Consent to Injury: Consent as a Defense to Even Serious Bodily Injury, Consent as a Defense to Nonserious Injury, Consent Not a Defense to Bodily Injury, Permitting Assistance of Suicide
- Mental Illness and Culpability: Mental Illness Can Negate Any Offense Element, Mental Illness Can Negate Only Specific Intent, Mental Illness Cannot Negate Any Offense Element, Abolish Insanity Defense
- Attempt: Proximity and Intent Required, Proximity Required but Permits Lesser Culpability, Substantial Step Sufficient and Intent Required, Substantial Step Sufficient and Permits Lesser Culpability
- Complicity: Complicity Requires Purpose, Natural and Probable Consequence Rule Rejected; Complicity Requires Purpose, Natural and Probable Consequence Rule Adopted; Complicity Requires Only Knowledges, Natural Probable Consequences Rule Rejected; Complicity Requires Only Knowledge, Natural Probable Consequence Rule Adopted
- Complicity Liability of Coconspirators: Adopts Pinkerton Rule, Rejects Withdrawal Defense; Adopts Pinkerton, Adopts Withdrawal Defense If Positive Steps; Adopts Pinkerton, Adopts Simple Withdrawal Defense; Rejects Pinkerton, Rejects Termination Defense to Complicity; Rejects Pinkerton, Adopts Termination Defense to Complicity
- Justification Defenses
- Lesser Evils/Necessity Defense: Lesser Evils Formulation, Imminence Not Required; Lesser Evils Formulation, Imminence Required; "No Alternative" Formulation, Imminence Not Required; "No Alternative" Formulation, Imminence Required; Lesser Evils/Necessity Defense Not Yet Recognized
- Self Defense: Authorizes Deadly Force Only against Threat of Serious Bodily Injury, Authorizes Deadly Force against Threat of Serious Bodily Injury or Enumerated Serious Felonies, Authorizes Deadly Force against Threat of Most Forcible Felonies, Authorizes Deadly Force against Threat of Any Felony
- Law Enforcement Authority: Defense Only Requires Defendant Believed Force Was Necessary, but Separate Provision Imposes Sliding-Scale Liability for Mistake; Defense Requires Defendant Reasonably Believed Force Was Necessary (Imposing All-or-Nothing Liability); Defense Requires Force Was Actually Necessary, but Provides a Separate Mistake Excuse
- Excuse Defenses
- Insanity Defense: Insanity Defense Abolished, Insanity Defense Requires Complete Loss of Understanding, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Criminality of Conduct, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Wrongfulness of Conduct, Insanity Defense If Offense Is Product of Disease, Insanity Defense Has No Control Prong, Insanity Defense If Irresistible Impulse, Insanity Defense If Substantial Impairment
- Immaturity Defense: 16 and Above, 15, 14, 13, 12, No Minimum Age
- Nonexculpatory Defenses
- Statute of Limitations: Only Murder Is Exempt from the Statute of Limitation, Statute of Limitation Does Not Apply to Any Capital Offense, Statute of Limitation Does Not Apply to Certain Enumerated Felonies, Statute of Limitation Does Not Apply to Any Felonies
- Exclusionary Rule: Exclusionary Rule Rejected, before 1914; Exclusionary Rule Rejected, after 1914; Exclusionary Rule Adopted, before 1961; Had Not Addressed Exclusionary Rule as of 1961
- Entrapment Defense: Defense Available If Not Predisposed, but Not Offense of Violence; Defense Available If Not Predisposed, Even If Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, but Not for Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, Even If Crime of Violence
- Offenses against the Person and Property
- Criminalizing Risk Creation: General Reckless Endangerment Offense, Risking Catastrophe Offense, Reckless Burning Offense
- Statutory Rape: Criminal for Adult to Have Intercourse with a Partner under 16, Criminal for Adult to Have Intercourse with a Partner under 17, Criminal for Adult to Have Intercourse with a Partner under 18, Recognizing a Close-in-Age Exception, No Close-in-Age Exception Recognized
- Domestic Violence: No Martial Rape Exception, Mandatory Arrest; Limited Marital Rape Exception, Mandatory Arrest; No Marital Rape Exception, Presumptive Arrest; Limited Marital Rape Exception, Presumptive Arrest; No Marital Rape Exception, Discretionary Arrest; Limited Rape Exception, Discretionary Arrest
- Stalking and Harassment: Requires Actual Fear or Distress, Punished as a Misdemeanor; Requires Actual Fear or Distress, Punished as a Felony; Enough That Intended or Believed Would Cause Distress, Punished as a Misdemeanor; Enough That Intended or Believed Would Cause Distress, Punished as a Felony
- Child Neglect: Criminalize Only Neglect of General Health or Welfare; Also Criminalize Neglect of "Education"; Also Criminalize Neglect of "Mental" or "Emotional" Health; Also Criminalize Neglect of "Mental" or "Emotional" Health, "Education"
- Deceptive Business Practices: Criminalizes False Advertising and False Measure, Criminalizes False Advertising Only, Criminalizes False Measure Only, Civil Remedies Only
- Extortion: Offender Must Demand Property, Offender May Demand Any Act, Effect of Threat Must Be to Actually Extort, Enough That the Offender Intends to Extort
- Public Order and Decency Offenses
- Adultery: Repealed by 1995; Repealed after 1995; Current Offense, Misdemeanor; Current Offense, Felony
- Criminal Obscenity: No Obscenity Offense; Defines Obscenity as Lacks Serious Value and Prurient Interest; Defines Obscenity as Lacks Serious Value and Prurient Interest, Also Prohibits Devices; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive, Also Prohibits Devices; Obscenity Offense but Leaves Obscenity Undefined
- Child Pornography: Person Depicted Must Be under 16 Years Old, Person Depicted Must Be under 17 Years Old, Person Depicted Must Be under 18 Years Old, Possession Punished the Same as Production or Distribution
- Offenses against the Community
- Drug Offenses: Marijuana Decriminalized; Marijuana a Civil Infraction Only; Misdemeanor, Fine Only; Misdemeanor, Jail; Felony, Jail; Life Imprisonment for Serious Nonviolent Drug Offense; Life without Parole for Serious Nonviolent Drug Offense
- Firearms Possession Offenses: Domestic Abusers Prohibited, Domestic Abusers Not Prohibited, Alcohol Abusers Prohibited, Possession Prohibited by Other Specified Misdemeanors
- Predatory Pricing: No Criminalization of Either Form of Predatory Pricing, Criminalizes Sales Below Cost, Criminalizes Price Discrimination
- Organized Crime: No Organized Crime Offense, Non-RICO Organized Crime Statutes, Asset Forfeiture Only, RICO with 4 to 14 Years Maximum, RICO with 15 to 24 Years Maximum, RICO with 25 Years to Life Maximum
- Fixing Sporting Events: Criminalizes Bribery of Officials or Participants, Criminalizes Only Bribery of Participants, Does Not Criminalize Sports Bribery, Criminalizes Sports Tampering
- Procedural Issues
- Extradition: Extradition Sought for All Violent Felony Warrants, Extradition Declined for 1 to 5 Percent of Violent Felony Warrants, Extradition Declined for 6 to 10 Percent of Violent Felony Warrants, Extradition Declined for 11 to 30 Percent of Violent Felony Warrants, Extradition Declined for Greater than 30 Percent of Violent Felony Warrants
- Jurisdiction: Requires Essential Offense Element, Requires Any Offense Element, Requires Any Part of Offense, Requires Only Detrimental Effect
South Carolina
- Punishment Theory and Legality
- Distributive Principles of Criminal Law: Desert as a Distributive Principle, Deterrence as a Distributive Principle, Incapacitation as a Distributive Principle, Rehabilitation as a Correctional Policy, Deontological Desert Distributive Principles, Empirical Desert Distributive Principles, The Principle of Full Offense Proportionality, Full Offense Proportionality Plus Protecting the Blameless, A Partial Offense Proportionality Principle, Partial Offense Proportionality Plus Protecting Blameless, No Proportionality and No Protection of the Blameless
- Habitual Offender Statutes: Life Sentence Only If Offenses Were Violent Crimes, Life Sentence Only If at Least One of the Offenses Was a Specifically Enumerated Offense, Life Sentence Even Though None of Prior Offenses Were Violent Crimes
- Death Penalty: Death Penalty Unavailable, Death Penalty Available, Aggravation for Cruel or Depraved Killing, Aggravation for Killing a Child
- Legality: Offense Must Be Fully Codified; Offense Must Be Legislatively Recognized, but Not All of Its Elements Need to Be Codified; Allow Uncodified Offenses but Limit Punishment for Them; Allow Uncodified Offenses
- Homicide
- Provocation/Extreme Emotional Disturbance: Model Penal Code's Extreme Emotional Disturbance Mitigation, Common-Law Provocation: Words Alone Are Sufficient, Common-Law Provocation: Words Alone Are Sufficient Only If They Report Provocative Act, Common-Law Provocation: Words Alone Are Never Sufficient, No Provocation Mitigation
- Felony Murder: Normal Murder Requirements, Recklessness Required for Felony-Murder Liability, Negligence Required for Felony-Murder Liability, Malice Required for Felony-Murder Liability, No Culpability for Felony-Murder Liability
- Causation: Factual Causal Accountability If Sufficient Concurrent Cause, Factual Causal Accountability If Substantial Concurrent Cause, Have Adopted No Solution to the Factual Cause But-For Test Problem in Concurrent-Cause Cases, Proximate Cause as a Normative Judgment, Proximate Cause as an Apparent Factual Standard
- Liability Doctrines
- Transferred Intent: Transfer Only Intent or Knowledge, Not in Attempt Cases; Transfer All Culpability Levels, Not in Attempt Cases; Transfer Intent or Knowledge Even in Cases of Attempts; Transfer All Levels Even in Cases of Attempts
- Consent to Injury: Consent as a Defense to Even Serious Bodily Injury, Consent as a Defense to Nonserious Injury, Consent Not a Defense to Bodily Injury, Permitting Assistance of Suicide
- Mental Illness and Culpability: Mental Illness Can Negate Any Offense Element, Mental Illness Can Negate Only Specific Intent, Mental Illness Cannot Negate Any Offense Element, Abolish Insanity Defense
- Attempt: Proximity and Intent Required, Proximity Required but Permits Lesser Culpability, Substantial Step Sufficient and Intent Required, Substantial Step Sufficient and Permits Lesser Culpability
- Complicity: Complicity Requires Purpose, Natural and Probable Consequence Rule Rejected; Complicity Requires Purpose, Natural and Probable Consequence Rule Adopted; Complicity Requires Only Knowledges, Natural Probable Consequences Rule Rejected; Complicity Requires Only Knowledge, Natural Probable Consequence Rule Adopted
- Complicity Liability of Coconspirators: Adopts Pinkerton Rule, Rejects Withdrawal Defense; Adopts Pinkerton, Adopts Withdrawal Defense If Positive Steps; Adopts Pinkerton, Adopts Simple Withdrawal Defense; Rejects Pinkerton, Rejects Termination Defense to Complicity; Rejects Pinkerton, Adopts Termination Defense to Complicity
- Justification Defenses
- Lesser Evils/Necessity Defense: Lesser Evils Formulation, Imminence Not Required; Lesser Evils Formulation, Imminence Required; "No Alternative" Formulation, Imminence Not Required; "No Alternative" Formulation, Imminence Required; Lesser Evils/Necessity Defense Not Yet Recognized
- Self Defense: Authorizes Deadly Force Only against Threat of Serious Bodily Injury, Authorizes Deadly Force against Threat of Serious Bodily Injury or Enumerated Serious Felonies, Authorizes Deadly Force against Threat of Most Forcible Felonies, Authorizes Deadly Force against Threat of Any Felony
- Law Enforcement Authority: Defense Only Requires Defendant Believed Force Was Necessary, but Separate Provision Imposes Sliding-Scale Liability for Mistake; Defense Requires Defendant Reasonably Believed Force Was Necessary (Imposing All-or-Nothing Liability); Defense Requires Force Was Actually Necessary, but Provides a Separate Mistake Excuse
- Excuse Defenses
- Insanity Defense: Insanity Defense Abolished, Insanity Defense Requires Complete Loss of Understanding, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Criminality of Conduct, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Wrongfulness of Conduct, Insanity Defense If Offense Is Product of Disease, Insanity Defense Has No Control Prong, Insanity Defense If Irresistible Impulse, Insanity Defense If Substantial Impairment
- Immaturity Defense: 16 and Above, 15, 14, 13, 12, No Minimum Age
- Nonexculpatory Defenses
- Statute of Limitations: Only Murder Is Exempt from the Statute of Limitation, Statute of Limitation Does Not Apply to Any Capital Offense, Statute of Limitation Does Not Apply to Certain Enumerated Felonies, Statute of Limitation Does Not Apply to Any Felonies
- Exclusionary Rule: Exclusionary Rule Rejected, before 1914; Exclusionary Rule Rejected, after 1914; Exclusionary Rule Adopted, before 1961; Had Not Addressed Exclusionary Rule as of 1961
- Entrapment Defense: Defense Available If Not Predisposed, but Not Offense of Violence; Defense Available If Not Predisposed, Even If Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, but Not for Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, Even If Crime of Violence
- Offenses against the Person and Property
- Criminalizing Risk Creation: General Reckless Endangerment Offense, Risking Catastrophe Offense, Reckless Burning Offense
- Statutory Rape: Criminal for Adult to Have Intercourse with a Partner under 16, Criminal for Adult to Have Intercourse with a Partner under 17, Criminal for Adult to Have Intercourse with a Partner under 18, Recognizing a Close-in-Age Exception, No Close-in-Age Exception Recognized
- Domestic Violence: No Martial Rape Exception, Mandatory Arrest; Limited Marital Rape Exception, Mandatory Arrest; No Marital Rape Exception, Presumptive Arrest; Limited Marital Rape Exception, Presumptive Arrest; No Marital Rape Exception, Discretionary Arrest; Limited Rape Exception, Discretionary Arrest
- Stalking and Harassment: Requires Actual Fear or Distress, Punished as a Misdemeanor; Requires Actual Fear or Distress, Punished as a Felony; Enough That Intended or Believed Would Cause Distress, Punished as a Misdemeanor; Enough That Intended or Believed Would Cause Distress, Punished as a Felony
- Child Neglect: Criminalize Only Neglect of General Health or Welfare; Also Criminalize Neglect of "Education"; Also Criminalize Neglect of "Mental" or "Emotional" Health; Also Criminalize Neglect of "Mental" or "Emotional" Health, "Education"
- Deceptive Business Practices: Criminalizes False Advertising and False Measure, Criminalizes False Advertising Only, Criminalizes False Measure Only, Civil Remedies Only
- Extortion: Offender Must Demand Property, Offender May Demand Any Act, Effect of Threat Must Be to Actually Extort, Enough That the Offender Intends to Extort
- Public Order and Decency Offenses
- Adultery: Repealed by 1995; Repealed after 1995; Current Offense, Misdemeanor; Current Offense, Felony
- Criminal Obscenity: No Obscenity Offense; Defines Obscenity as Lacks Serious Value and Prurient Interest; Defines Obscenity as Lacks Serious Value and Prurient Interest, Also Prohibits Devices; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive, Also Prohibits Devices; Obscenity Offense but Leaves Obscenity Undefined
- Child Pornography: Person Depicted Must Be under 16 Years Old, Person Depicted Must Be under 17 Years Old, Person Depicted Must Be under 18 Years Old, Possession Punished the Same as Production or Distribution
- Offenses against the Community
- Drug Offenses: Marijuana Decriminalized; Marijuana a Civil Infraction Only; Misdemeanor, Fine Only; Misdemeanor, Jail; Felony, Jail; Life Imprisonment for Serious Nonviolent Drug Offense; Life without Parole for Serious Nonviolent Drug Offense
- Firearms Possession Offenses: Domestic Abusers Prohibited, Domestic Abusers Not Prohibited, Alcohol Abusers Prohibited, Possession Prohibited by Other Specified Misdemeanors
- Predatory Pricing: No Criminalization of Either Form of Predatory Pricing, Criminalizes Sales Below Cost, Criminalizes Price Discrimination
- Organized Crime: No Organized Crime Offense, Non-RICO Organized Crime Statutes, Asset Forfeiture Only, RICO with 4 to 14 Years Maximum, RICO with 15 to 24 Years Maximum, RICO with 25 Years to Life Maximum
- Fixing Sporting Events: Criminalizes Bribery of Officials or Participants, Criminalizes Only Bribery of Participants, Does Not Criminalize Sports Bribery, Criminalizes Sports Tampering
- Procedural Issues
- Extradition: Extradition Sought for All Violent Felony Warrants, Extradition Declined for 1 to 5 Percent of Violent Felony Warrants, Extradition Declined for 6 to 10 Percent of Violent Felony Warrants, Extradition Declined for 11 to 30 Percent of Violent Felony Warrants, Extradition Declined for Greater than 30 Percent of Violent Felony Warrants
- Jurisdiction: Requires Essential Offense Element, Requires Any Offense Element, Requires Any Part of Offense, Requires Only Detrimental Effect
South Dakota
- Punishment Theory and Legality
- Distributive Principles of Criminal Law: Desert as a Distributive Principle, Deterrence as a Distributive Principle, Incapacitation as a Distributive Principle, Rehabilitation as a Correctional Policy, Deontological Desert Distributive Principles, Empirical Desert Distributive Principles, The Principle of Full Offense Proportionality, Full Offense Proportionality Plus Protecting the Blameless, A Partial Offense Proportionality Principle, Partial Offense Proportionality Plus Protecting Blameless, No Proportionality and No Protection of the Blameless
- Habitual Offender Statutes: Life Sentence Only If Offenses Were Violent Crimes, Life Sentence Only If at Least One of the Offenses Was a Specifically Enumerated Offense, Life Sentence Even Though None of Prior Offenses Were Violent Crimes
- Death Penalty: Death Penalty Unavailable, Death Penalty Available, Aggravation for Cruel or Depraved Killing, Aggravation for Killing a Child
- Legality: Offense Must Be Fully Codified; Offense Must Be Legislatively Recognized, but Not All of Its Elements Need to Be Codified; Allow Uncodified Offenses but Limit Punishment for Them; Allow Uncodified Offenses
- Homicide
- Provocation/Extreme Emotional Disturbance: Model Penal Code's Extreme Emotional Disturbance Mitigation, Common-Law Provocation: Words Alone Are Sufficient, Common-Law Provocation: Words Alone Are Sufficient Only If They Report Provocative Act, Common-Law Provocation: Words Alone Are Never Sufficient, No Provocation Mitigation
- Felony Murder: Normal Murder Requirements, Recklessness Required for Felony-Murder Liability, Negligence Required for Felony-Murder Liability, Malice Required for Felony-Murder Liability, No Culpability for Felony-Murder Liability
- Causation: Factual Causal Accountability If Sufficient Concurrent Cause, Factual Causal Accountability If Substantial Concurrent Cause, Have Adopted No Solution to the Factual Cause But-For Test Problem in Concurrent-Cause Cases, Proximate Cause as a Normative Judgment, Proximate Cause as an Apparent Factual Standard
- Liability Doctrines
- Transferred Intent: Transfer Only Intent or Knowledge, Not in Attempt Cases; Transfer All Culpability Levels, Not in Attempt Cases; Transfer Intent or Knowledge Even in Cases of Attempts; Transfer All Levels Even in Cases of Attempts
- Consent to Injury: Consent as a Defense to Even Serious Bodily Injury, Consent as a Defense to Nonserious Injury, Consent Not a Defense to Bodily Injury, Permitting Assistance of Suicide
- Mental Illness and Culpability: Mental Illness Can Negate Any Offense Element, Mental Illness Can Negate Only Specific Intent, Mental Illness Cannot Negate Any Offense Element, Abolish Insanity Defense
- Attempt: Proximity and Intent Required, Proximity Required but Permits Lesser Culpability, Substantial Step Sufficient and Intent Required, Substantial Step Sufficient and Permits Lesser Culpability
- Complicity: Complicity Requires Purpose, Natural and Probable Consequence Rule Rejected; Complicity Requires Purpose, Natural and Probable Consequence Rule Adopted; Complicity Requires Only Knowledges, Natural Probable Consequences Rule Rejected; Complicity Requires Only Knowledge, Natural Probable Consequence Rule Adopted
- Complicity Liability of Coconspirators: Adopts Pinkerton Rule, Rejects Withdrawal Defense; Adopts Pinkerton, Adopts Withdrawal Defense If Positive Steps; Adopts Pinkerton, Adopts Simple Withdrawal Defense; Rejects Pinkerton, Rejects Termination Defense to Complicity; Rejects Pinkerton, Adopts Termination Defense to Complicity
- Justification Defenses
- Lesser Evils/Necessity Defense: Lesser Evils Formulation, Imminence Not Required; Lesser Evils Formulation, Imminence Required; "No Alternative" Formulation, Imminence Not Required; "No Alternative" Formulation, Imminence Required; Lesser Evils/Necessity Defense Not Yet Recognized
- Self Defense: Authorizes Deadly Force Only against Threat of Serious Bodily Injury, Authorizes Deadly Force against Threat of Serious Bodily Injury or Enumerated Serious Felonies, Authorizes Deadly Force against Threat of Most Forcible Felonies, Authorizes Deadly Force against Threat of Any Felony
- Law Enforcement Authority: Defense Only Requires Defendant Believed Force Was Necessary, but Separate Provision Imposes Sliding-Scale Liability for Mistake; Defense Requires Defendant Reasonably Believed Force Was Necessary (Imposing All-or-Nothing Liability); Defense Requires Force Was Actually Necessary, but Provides a Separate Mistake Excuse
- Excuse Defenses
- Insanity Defense: Insanity Defense Abolished, Insanity Defense Requires Complete Loss of Understanding, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Criminality of Conduct, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Wrongfulness of Conduct, Insanity Defense If Offense Is Product of Disease, Insanity Defense Has No Control Prong, Insanity Defense If Irresistible Impulse, Insanity Defense If Substantial Impairment
- Immaturity Defense: 16 and Above, 15, 14, 13, 12, No Minimum Age
- Nonexculpatory Defenses
- Statute of Limitations: Only Murder Is Exempt from the Statute of Limitation, Statute of Limitation Does Not Apply to Any Capital Offense, Statute of Limitation Does Not Apply to Certain Enumerated Felonies, Statute of Limitation Does Not Apply to Any Felonies
- Exclusionary Rule: Exclusionary Rule Rejected, before 1914; Exclusionary Rule Rejected, after 1914; Exclusionary Rule Adopted, before 1961; Had Not Addressed Exclusionary Rule as of 1961
- Entrapment Defense: Defense Available If Not Predisposed, but Not Offense of Violence; Defense Available If Not Predisposed, Even If Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, but Not for Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, Even If Crime of Violence
- Offenses against the Person and Property
- Criminalizing Risk Creation: General Reckless Endangerment Offense, Risking Catastrophe Offense, Reckless Burning Offense
- Statutory Rape: Criminal for Adult to Have Intercourse with a Partner under 16, Criminal for Adult to Have Intercourse with a Partner under 17, Criminal for Adult to Have Intercourse with a Partner under 18, Recognizing a Close-in-Age Exception, No Close-in-Age Exception Recognized
- Domestic Violence: No Martial Rape Exception, Mandatory Arrest; Limited Marital Rape Exception, Mandatory Arrest; No Marital Rape Exception, Presumptive Arrest; Limited Marital Rape Exception, Presumptive Arrest; No Marital Rape Exception, Discretionary Arrest; Limited Rape Exception, Discretionary Arrest
- Stalking and Harassment: Requires Actual Fear or Distress, Punished as a Misdemeanor; Requires Actual Fear or Distress, Punished as a Felony; Enough That Intended or Believed Would Cause Distress, Punished as a Misdemeanor; Enough That Intended or Believed Would Cause Distress, Punished as a Felony
- Child Neglect: Criminalize Only Neglect of General Health or Welfare; Also Criminalize Neglect of "Education"; Also Criminalize Neglect of "Mental" or "Emotional" Health; Also Criminalize Neglect of "Mental" or "Emotional" Health, "Education"
- Deceptive Business Practices: Criminalizes False Advertising and False Measure, Criminalizes False Advertising Only, Criminalizes False Measure Only, Civil Remedies Only
- Extortion: Offender Must Demand Property, Offender May Demand Any Act, Effect of Threat Must Be to Actually Extort, Enough That the Offender Intends to Extort
- Public Order and Decency Offenses
- Adultery: Repealed by 1995; Repealed after 1995; Current Offense, Misdemeanor; Current Offense, Felony
- Criminal Obscenity: No Obscenity Offense; Defines Obscenity as Lacks Serious Value and Prurient Interest; Defines Obscenity as Lacks Serious Value and Prurient Interest, Also Prohibits Devices; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive, Also Prohibits Devices; Obscenity Offense but Leaves Obscenity Undefined
- Child Pornography: Person Depicted Must Be under 16 Years Old, Person Depicted Must Be under 17 Years Old, Person Depicted Must Be under 18 Years Old, Possession Punished the Same as Production or Distribution
- Offenses against the Community
- Drug Offenses: Marijuana Decriminalized; Marijuana a Civil Infraction Only; Misdemeanor, Fine Only; Misdemeanor, Jail; Felony, Jail; Life Imprisonment for Serious Nonviolent Drug Offense; Life without Parole for Serious Nonviolent Drug Offense
- Firearms Possession Offenses: Domestic Abusers Prohibited, Domestic Abusers Not Prohibited, Alcohol Abusers Prohibited, Possession Prohibited by Other Specified Misdemeanors
- Predatory Pricing: No Criminalization of Either Form of Predatory Pricing, Criminalizes Sales Below Cost, Criminalizes Price Discrimination
- Organized Crime: No Organized Crime Offense, Non-RICO Organized Crime Statutes, Asset Forfeiture Only, RICO with 4 to 14 Years Maximum, RICO with 15 to 24 Years Maximum, RICO with 25 Years to Life Maximum
- Fixing Sporting Events: Criminalizes Bribery of Officials or Participants, Criminalizes Only Bribery of Participants, Does Not Criminalize Sports Bribery, Criminalizes Sports Tampering
- Procedural Issues
- Extradition: Extradition Sought for All Violent Felony Warrants, Extradition Declined for 1 to 5 Percent of Violent Felony Warrants, Extradition Declined for 6 to 10 Percent of Violent Felony Warrants, Extradition Declined for 11 to 30 Percent of Violent Felony Warrants, Extradition Declined for Greater than 30 Percent of Violent Felony Warrants
- Jurisdiction: Requires Essential Offense Element, Requires Any Offense Element, Requires Any Part of Offense, Requires Only Detrimental Effect
Tennessee
- Punishment Theory and Legality
- Distributive Principles of Criminal Law: Desert as a Distributive Principle, Deterrence as a Distributive Principle, Incapacitation as a Distributive Principle, Rehabilitation as a Correctional Policy, Deontological Desert Distributive Principles, Empirical Desert Distributive Principles, The Principle of Full Offense Proportionality, Full Offense Proportionality Plus Protecting the Blameless, A Partial Offense Proportionality Principle, Partial Offense Proportionality Plus Protecting Blameless, No Proportionality and No Protection of the Blameless
- Habitual Offender Statutes: Life Sentence Only If Offenses Were Violent Crimes, Life Sentence Only If at Least One of the Offenses Was a Specifically Enumerated Offense, Life Sentence Even Though None of Prior Offenses Were Violent Crimes
- Death Penalty: Death Penalty Unavailable, Death Penalty Available, Aggravation for Cruel or Depraved Killing, Aggravation for Killing a Child
- Legality: Offense Must Be Fully Codified; Offense Must Be Legislatively Recognized, but Not All of Its Elements Need to Be Codified; Allow Uncodified Offenses but Limit Punishment for Them; Allow Uncodified Offenses
- Homicide
- Provocation/Extreme Emotional Disturbance: Model Penal Code's Extreme Emotional Disturbance Mitigation, Common-Law Provocation: Words Alone Are Sufficient, Common-Law Provocation: Words Alone Are Sufficient Only If They Report Provocative Act, Common-Law Provocation: Words Alone Are Never Sufficient, No Provocation Mitigation
- Felony Murder: Normal Murder Requirements, Recklessness Required for Felony-Murder Liability, Negligence Required for Felony-Murder Liability, Malice Required for Felony-Murder Liability, No Culpability for Felony-Murder Liability
- Causation: Factual Causal Accountability If Sufficient Concurrent Cause, Factual Causal Accountability If Substantial Concurrent Cause, Have Adopted No Solution to the Factual Cause But-For Test Problem in Concurrent-Cause Cases, Proximate Cause as a Normative Judgment, Proximate Cause as an Apparent Factual Standard
- Liability Doctrines
- Transferred Intent: Transfer Only Intent or Knowledge, Not in Attempt Cases; Transfer All Culpability Levels, Not in Attempt Cases; Transfer Intent or Knowledge Even in Cases of Attempts; Transfer All Levels Even in Cases of Attempts
- Consent to Injury: Consent as a Defense to Even Serious Bodily Injury, Consent as a Defense to Nonserious Injury, Consent Not a Defense to Bodily Injury, Permitting Assistance of Suicide
- Mental Illness and Culpability: Mental Illness Can Negate Any Offense Element, Mental Illness Can Negate Only Specific Intent, Mental Illness Cannot Negate Any Offense Element, Abolish Insanity Defense
- Attempt: Proximity and Intent Required, Proximity Required but Permits Lesser Culpability, Substantial Step Sufficient and Intent Required, Substantial Step Sufficient and Permits Lesser Culpability
- Complicity: Complicity Requires Purpose, Natural and Probable Consequence Rule Rejected; Complicity Requires Purpose, Natural and Probable Consequence Rule Adopted; Complicity Requires Only Knowledges, Natural Probable Consequences Rule Rejected; Complicity Requires Only Knowledge, Natural Probable Consequence Rule Adopted
- Complicity Liability of Coconspirators: Adopts Pinkerton Rule, Rejects Withdrawal Defense; Adopts Pinkerton, Adopts Withdrawal Defense If Positive Steps; Adopts Pinkerton, Adopts Simple Withdrawal Defense; Rejects Pinkerton, Rejects Termination Defense to Complicity; Rejects Pinkerton, Adopts Termination Defense to Complicity
- Justification Defenses
- Lesser Evils/Necessity Defense: Lesser Evils Formulation, Imminence Not Required; Lesser Evils Formulation, Imminence Required; "No Alternative" Formulation, Imminence Not Required; "No Alternative" Formulation, Imminence Required; Lesser Evils/Necessity Defense Not Yet Recognized
- Self Defense: Authorizes Deadly Force Only against Threat of Serious Bodily Injury, Authorizes Deadly Force against Threat of Serious Bodily Injury or Enumerated Serious Felonies, Authorizes Deadly Force against Threat of Most Forcible Felonies, Authorizes Deadly Force against Threat of Any Felony
- Law Enforcement Authority: Defense Only Requires Defendant Believed Force Was Necessary, but Separate Provision Imposes Sliding-Scale Liability for Mistake; Defense Requires Defendant Reasonably Believed Force Was Necessary (Imposing All-or-Nothing Liability); Defense Requires Force Was Actually Necessary, but Provides a Separate Mistake Excuse
- Excuse Defenses
- Insanity Defense: Insanity Defense Abolished, Insanity Defense Requires Complete Loss of Understanding, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Criminality of Conduct, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Wrongfulness of Conduct, Insanity Defense If Offense Is Product of Disease, Insanity Defense Has No Control Prong, Insanity Defense If Irresistible Impulse, Insanity Defense If Substantial Impairment
- Immaturity Defense: 16 and Above, 15, 14, 13, 12, No Minimum Age
- Nonexculpatory Defenses
- Statute of Limitations: Only Murder Is Exempt from the Statute of Limitation, Statute of Limitation Does Not Apply to Any Capital Offense, Statute of Limitation Does Not Apply to Certain Enumerated Felonies, Statute of Limitation Does Not Apply to Any Felonies
- Exclusionary Rule: Exclusionary Rule Rejected, before 1914; Exclusionary Rule Rejected, after 1914; Exclusionary Rule Adopted, before 1961; Had Not Addressed Exclusionary Rule as of 1961
- Entrapment Defense: Defense Available If Not Predisposed, but Not Offense of Violence; Defense Available If Not Predisposed, Even If Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, but Not for Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, Even If Crime of Violence
- Offenses against the Person and Property
- Criminalizing Risk Creation: General Reckless Endangerment Offense, Risking Catastrophe Offense, Reckless Burning Offense
- Statutory Rape: Criminal for Adult to Have Intercourse with a Partner under 16, Criminal for Adult to Have Intercourse with a Partner under 17, Criminal for Adult to Have Intercourse with a Partner under 18, Recognizing a Close-in-Age Exception, No Close-in-Age Exception Recognized
- Domestic Violence: No Martial Rape Exception, Mandatory Arrest; Limited Marital Rape Exception, Mandatory Arrest; No Marital Rape Exception, Presumptive Arrest; Limited Marital Rape Exception, Presumptive Arrest; No Marital Rape Exception, Discretionary Arrest; Limited Rape Exception, Discretionary Arrest
- Stalking and Harassment: Requires Actual Fear or Distress, Punished as a Misdemeanor; Requires Actual Fear or Distress, Punished as a Felony; Enough That Intended or Believed Would Cause Distress, Punished as a Misdemeanor; Enough That Intended or Believed Would Cause Distress, Punished as a Felony
- Child Neglect: Criminalize Only Neglect of General Health or Welfare; Also Criminalize Neglect of "Education"; Also Criminalize Neglect of "Mental" or "Emotional" Health; Also Criminalize Neglect of "Mental" or "Emotional" Health, "Education"
- Deceptive Business Practices: Criminalizes False Advertising and False Measure, Criminalizes False Advertising Only, Criminalizes False Measure Only, Civil Remedies Only
- Extortion: Offender Must Demand Property, Offender May Demand Any Act, Effect of Threat Must Be to Actually Extort, Enough That the Offender Intends to Extort
- Public Order and Decency Offenses
- Adultery: Repealed by 1995; Repealed after 1995; Current Offense, Misdemeanor; Current Offense, Felony
- Criminal Obscenity: No Obscenity Offense; Defines Obscenity as Lacks Serious Value and Prurient Interest; Defines Obscenity as Lacks Serious Value and Prurient Interest, Also Prohibits Devices; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive, Also Prohibits Devices; Obscenity Offense but Leaves Obscenity Undefined
- Child Pornography: Person Depicted Must Be under 16 Years Old, Person Depicted Must Be under 17 Years Old, Person Depicted Must Be under 18 Years Old, Possession Punished the Same as Production or Distribution
- Offenses against the Community
- Drug Offenses: Marijuana Decriminalized; Marijuana a Civil Infraction Only; Misdemeanor, Fine Only; Misdemeanor, Jail; Felony, Jail; Life Imprisonment for Serious Nonviolent Drug Offense; Life without Parole for Serious Nonviolent Drug Offense
- Firearms Possession Offenses: Domestic Abusers Prohibited, Domestic Abusers Not Prohibited, Alcohol Abusers Prohibited, Possession Prohibited by Other Specified Misdemeanors
- Predatory Pricing: No Criminalization of Either Form of Predatory Pricing, Criminalizes Sales Below Cost, Criminalizes Price Discrimination
- Organized Crime: No Organized Crime Offense, Non-RICO Organized Crime Statutes, Asset Forfeiture Only, RICO with 4 to 14 Years Maximum, RICO with 15 to 24 Years Maximum, RICO with 25 Years to Life Maximum
- Fixing Sporting Events: Criminalizes Bribery of Officials or Participants, Criminalizes Only Bribery of Participants, Does Not Criminalize Sports Bribery, Criminalizes Sports Tampering
- Procedural Issues
- Extradition: Extradition Sought for All Violent Felony Warrants, Extradition Declined for 1 to 5 Percent of Violent Felony Warrants, Extradition Declined for 6 to 10 Percent of Violent Felony Warrants, Extradition Declined for 11 to 30 Percent of Violent Felony Warrants, Extradition Declined for Greater than 30 Percent of Violent Felony Warrants
- Jurisdiction: Requires Essential Offense Element, Requires Any Offense Element, Requires Any Part of Offense, Requires Only Detrimental Effect
Texas
- Punishment Theory and Legality
- Distributive Principles of Criminal Law: Desert as a Distributive Principle, Deterrence as a Distributive Principle, Incapacitation as a Distributive Principle, Rehabilitation as a Correctional Policy, Deontological Desert Distributive Principles, Empirical Desert Distributive Principles, The Principle of Full Offense Proportionality, Full Offense Proportionality Plus Protecting the Blameless, A Partial Offense Proportionality Principle, Partial Offense Proportionality Plus Protecting Blameless, No Proportionality and No Protection of the Blameless
- Habitual Offender Statutes: Life Sentence Only If Offenses Were Violent Crimes, Life Sentence Only If at Least One of the Offenses Was a Specifically Enumerated Offense, Life Sentence Even Though None of Prior Offenses Were Violent Crimes
- Death Penalty: Death Penalty Unavailable, Death Penalty Available, Aggravation for Cruel or Depraved Killing, Aggravation for Killing a Child
- Legality: Offense Must Be Fully Codified; Offense Must Be Legislatively Recognized, but Not All of Its Elements Need to Be Codified; Allow Uncodified Offenses but Limit Punishment for Them; Allow Uncodified Offenses
- Homicide
- Provocation/Extreme Emotional Disturbance: Model Penal Code's Extreme Emotional Disturbance Mitigation, Common-Law Provocation: Words Alone Are Sufficient, Common-Law Provocation: Words Alone Are Sufficient Only If They Report Provocative Act, Common-Law Provocation: Words Alone Are Never Sufficient, No Provocation Mitigation
- Felony Murder: Normal Murder Requirements, Recklessness Required for Felony-Murder Liability, Negligence Required for Felony-Murder Liability, Malice Required for Felony-Murder Liability, No Culpability for Felony-Murder Liability
- Causation: Factual Causal Accountability If Sufficient Concurrent Cause, Factual Causal Accountability If Substantial Concurrent Cause, Have Adopted No Solution to the Factual Cause But-For Test Problem in Concurrent-Cause Cases, Proximate Cause as a Normative Judgment, Proximate Cause as an Apparent Factual Standard
- Liability Doctrines
- Transferred Intent: Transfer Only Intent or Knowledge, Not in Attempt Cases; Transfer All Culpability Levels, Not in Attempt Cases; Transfer Intent or Knowledge Even in Cases of Attempts; Transfer All Levels Even in Cases of Attempts
- Consent to Injury: Consent as a Defense to Even Serious Bodily Injury, Consent as a Defense to Nonserious Injury, Consent Not a Defense to Bodily Injury, Permitting Assistance of Suicide
- Mental Illness and Culpability: Mental Illness Can Negate Any Offense Element, Mental Illness Can Negate Only Specific Intent, Mental Illness Cannot Negate Any Offense Element, Abolish Insanity Defense
- Attempt: Proximity and Intent Required, Proximity Required but Permits Lesser Culpability, Substantial Step Sufficient and Intent Required, Substantial Step Sufficient and Permits Lesser Culpability
- Complicity: Complicity Requires Purpose, Natural and Probable Consequence Rule Rejected; Complicity Requires Purpose, Natural and Probable Consequence Rule Adopted; Complicity Requires Only Knowledges, Natural Probable Consequences Rule Rejected; Complicity Requires Only Knowledge, Natural Probable Consequence Rule Adopted
- Complicity Liability of Coconspirators: Adopts Pinkerton Rule, Rejects Withdrawal Defense; Adopts Pinkerton, Adopts Withdrawal Defense If Positive Steps; Adopts Pinkerton, Adopts Simple Withdrawal Defense; Rejects Pinkerton, Rejects Termination Defense to Complicity; Rejects Pinkerton, Adopts Termination Defense to Complicity
- Justification Defenses
- Lesser Evils/Necessity Defense: Lesser Evils Formulation, Imminence Not Required; Lesser Evils Formulation, Imminence Required; "No Alternative" Formulation, Imminence Not Required; "No Alternative" Formulation, Imminence Required; Lesser Evils/Necessity Defense Not Yet Recognized
- Self Defense: Authorizes Deadly Force Only against Threat of Serious Bodily Injury, Authorizes Deadly Force against Threat of Serious Bodily Injury or Enumerated Serious Felonies, Authorizes Deadly Force against Threat of Most Forcible Felonies, Authorizes Deadly Force against Threat of Any Felony
- Law Enforcement Authority: Defense Only Requires Defendant Believed Force Was Necessary, but Separate Provision Imposes Sliding-Scale Liability for Mistake; Defense Requires Defendant Reasonably Believed Force Was Necessary (Imposing All-or-Nothing Liability); Defense Requires Force Was Actually Necessary, but Provides a Separate Mistake Excuse
- Excuse Defenses
- Insanity Defense: Insanity Defense Abolished, Insanity Defense Requires Complete Loss of Understanding, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Criminality of Conduct, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Wrongfulness of Conduct, Insanity Defense If Offense Is Product of Disease, Insanity Defense Has No Control Prong, Insanity Defense If Irresistible Impulse, Insanity Defense If Substantial Impairment
- Immaturity Defense: 16 and Above, 15, 14, 13, 12, No Minimum Age
- Nonexculpatory Defenses
- Statute of Limitations: Only Murder Is Exempt from the Statute of Limitation, Statute of Limitation Does Not Apply to Any Capital Offense, Statute of Limitation Does Not Apply to Certain Enumerated Felonies, Statute of Limitation Does Not Apply to Any Felonies
- Exclusionary Rule: Exclusionary Rule Rejected, before 1914; Exclusionary Rule Rejected, after 1914; Exclusionary Rule Adopted, before 1961; Had Not Addressed Exclusionary Rule as of 1961
- Entrapment Defense: Defense Available If Not Predisposed, but Not Offense of Violence; Defense Available If Not Predisposed, Even If Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, but Not for Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, Even If Crime of Violence
- Offenses against the Person and Property
- Criminalizing Risk Creation: General Reckless Endangerment Offense, Risking Catastrophe Offense, Reckless Burning Offense
- Statutory Rape: Criminal for Adult to Have Intercourse with a Partner under 16, Criminal for Adult to Have Intercourse with a Partner under 17, Criminal for Adult to Have Intercourse with a Partner under 18, Recognizing a Close-in-Age Exception, No Close-in-Age Exception Recognized
- Domestic Violence: No Martial Rape Exception, Mandatory Arrest; Limited Marital Rape Exception, Mandatory Arrest; No Marital Rape Exception, Presumptive Arrest; Limited Marital Rape Exception, Presumptive Arrest; No Marital Rape Exception, Discretionary Arrest; Limited Rape Exception, Discretionary Arrest
- Stalking and Harassment: Requires Actual Fear or Distress, Punished as a Misdemeanor; Requires Actual Fear or Distress, Punished as a Felony; Enough That Intended or Believed Would Cause Distress, Punished as a Misdemeanor; Enough That Intended or Believed Would Cause Distress, Punished as a Felony
- Child Neglect: Criminalize Only Neglect of General Health or Welfare; Also Criminalize Neglect of "Education"; Also Criminalize Neglect of "Mental" or "Emotional" Health; Also Criminalize Neglect of "Mental" or "Emotional" Health, "Education"
- Deceptive Business Practices: Criminalizes False Advertising and False Measure, Criminalizes False Advertising Only, Criminalizes False Measure Only, Civil Remedies Only
- Extortion: Offender Must Demand Property, Offender May Demand Any Act, Effect of Threat Must Be to Actually Extort, Enough That the Offender Intends to Extort
- Public Order and Decency Offenses
- Adultery: Repealed by 1995; Repealed after 1995; Current Offense, Misdemeanor; Current Offense, Felony
- Criminal Obscenity: No Obscenity Offense; Defines Obscenity as Lacks Serious Value and Prurient Interest; Defines Obscenity as Lacks Serious Value and Prurient Interest, Also Prohibits Devices; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive, Also Prohibits Devices; Obscenity Offense but Leaves Obscenity Undefined
- Child Pornography: Person Depicted Must Be under 16 Years Old, Person Depicted Must Be under 17 Years Old, Person Depicted Must Be under 18 Years Old, Possession Punished the Same as Production or Distribution
- Offenses against the Community
- Drug Offenses: Marijuana Decriminalized; Marijuana a Civil Infraction Only; Misdemeanor, Fine Only; Misdemeanor, Jail; Felony, Jail; Life Imprisonment for Serious Nonviolent Drug Offense; Life without Parole for Serious Nonviolent Drug Offense
- Firearms Possession Offenses: Domestic Abusers Prohibited, Domestic Abusers Not Prohibited, Alcohol Abusers Prohibited, Possession Prohibited by Other Specified Misdemeanors
- Predatory Pricing: No Criminalization of Either Form of Predatory Pricing, Criminalizes Sales Below Cost, Criminalizes Price Discrimination
- Organized Crime: No Organized Crime Offense, Non-RICO Organized Crime Statutes, Asset Forfeiture Only, RICO with 4 to 14 Years Maximum, RICO with 15 to 24 Years Maximum, RICO with 25 Years to Life Maximum
- Fixing Sporting Events: Criminalizes Bribery of Officials or Participants, Criminalizes Only Bribery of Participants, Does Not Criminalize Sports Bribery, Criminalizes Sports Tampering
- Procedural Issues
- Extradition: Extradition Sought for All Violent Felony Warrants, Extradition Declined for 1 to 5 Percent of Violent Felony Warrants, Extradition Declined for 6 to 10 Percent of Violent Felony Warrants, Extradition Declined for 11 to 30 Percent of Violent Felony Warrants, Extradition Declined for Greater than 30 Percent of Violent Felony Warrants
- Jurisdiction: Requires Essential Offense Element, Requires Any Offense Element, Requires Any Part of Offense, Requires Only Detrimental Effect
Utah
- Punishment Theory and Legality
- Distributive Principles of Criminal Law: Desert as a Distributive Principle, Deterrence as a Distributive Principle, Incapacitation as a Distributive Principle, Rehabilitation as a Correctional Policy, Deontological Desert Distributive Principles, Empirical Desert Distributive Principles, The Principle of Full Offense Proportionality, Full Offense Proportionality Plus Protecting the Blameless, A Partial Offense Proportionality Principle, Partial Offense Proportionality Plus Protecting Blameless, No Proportionality and No Protection of the Blameless
- Habitual Offender Statutes: Life Sentence Only If Offenses Were Violent Crimes, Life Sentence Only If at Least One of the Offenses Was a Specifically Enumerated Offense, Life Sentence Even Though None of Prior Offenses Were Violent Crimes
- Death Penalty: Death Penalty Unavailable, Death Penalty Available, Aggravation for Cruel or Depraved Killing, Aggravation for Killing a Child
- Legality: Offense Must Be Fully Codified; Offense Must Be Legislatively Recognized, but Not All of Its Elements Need to Be Codified; Allow Uncodified Offenses but Limit Punishment for Them; Allow Uncodified Offenses
- Homicide
- Provocation/Extreme Emotional Disturbance: Model Penal Code's Extreme Emotional Disturbance Mitigation, Common-Law Provocation: Words Alone Are Sufficient, Common-Law Provocation: Words Alone Are Sufficient Only If They Report Provocative Act, Common-Law Provocation: Words Alone Are Never Sufficient, No Provocation Mitigation
- Felony Murder: Normal Murder Requirements, Recklessness Required for Felony-Murder Liability, Negligence Required for Felony-Murder Liability, Malice Required for Felony-Murder Liability, No Culpability for Felony-Murder Liability
- Causation: Factual Causal Accountability If Sufficient Concurrent Cause, Factual Causal Accountability If Substantial Concurrent Cause, Have Adopted No Solution to the Factual Cause But-For Test Problem in Concurrent-Cause Cases, Proximate Cause as a Normative Judgment, Proximate Cause as an Apparent Factual Standard
- Liability Doctrines
- Transferred Intent: Transfer Only Intent or Knowledge, Not in Attempt Cases; Transfer All Culpability Levels, Not in Attempt Cases; Transfer Intent or Knowledge Even in Cases of Attempts; Transfer All Levels Even in Cases of Attempts
- Consent to Injury: Consent as a Defense to Even Serious Bodily Injury, Consent as a Defense to Nonserious Injury, Consent Not a Defense to Bodily Injury, Permitting Assistance of Suicide
- Mental Illness and Culpability: Mental Illness Can Negate Any Offense Element, Mental Illness Can Negate Only Specific Intent, Mental Illness Cannot Negate Any Offense Element, Abolish Insanity Defense
- Attempt: Proximity and Intent Required, Proximity Required but Permits Lesser Culpability, Substantial Step Sufficient and Intent Required, Substantial Step Sufficient and Permits Lesser Culpability
- Complicity: Complicity Requires Purpose, Natural and Probable Consequence Rule Rejected; Complicity Requires Purpose, Natural and Probable Consequence Rule Adopted; Complicity Requires Only Knowledges, Natural Probable Consequences Rule Rejected; Complicity Requires Only Knowledge, Natural Probable Consequence Rule Adopted
- Complicity Liability of Coconspirators: Adopts Pinkerton Rule, Rejects Withdrawal Defense; Adopts Pinkerton, Adopts Withdrawal Defense If Positive Steps; Adopts Pinkerton, Adopts Simple Withdrawal Defense; Rejects Pinkerton, Rejects Termination Defense to Complicity; Rejects Pinkerton, Adopts Termination Defense to Complicity
- Justification Defenses
- Lesser Evils/Necessity Defense: Lesser Evils Formulation, Imminence Not Required; Lesser Evils Formulation, Imminence Required; "No Alternative" Formulation, Imminence Not Required; "No Alternative" Formulation, Imminence Required; Lesser Evils/Necessity Defense Not Yet Recognized
- Self Defense: Authorizes Deadly Force Only against Threat of Serious Bodily Injury, Authorizes Deadly Force against Threat of Serious Bodily Injury or Enumerated Serious Felonies, Authorizes Deadly Force against Threat of Most Forcible Felonies, Authorizes Deadly Force against Threat of Any Felony
- Law Enforcement Authority: Defense Only Requires Defendant Believed Force Was Necessary, but Separate Provision Imposes Sliding-Scale Liability for Mistake; Defense Requires Defendant Reasonably Believed Force Was Necessary (Imposing All-or-Nothing Liability); Defense Requires Force Was Actually Necessary, but Provides a Separate Mistake Excuse
- Excuse Defenses
- Insanity Defense: Insanity Defense Abolished, Insanity Defense Requires Complete Loss of Understanding, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Criminality of Conduct, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Wrongfulness of Conduct, Insanity Defense If Offense Is Product of Disease, Insanity Defense Has No Control Prong, Insanity Defense If Irresistible Impulse, Insanity Defense If Substantial Impairment
- Immaturity Defense: 16 and Above, 15, 14, 13, 12, No Minimum Age
- Nonexculpatory Defenses
- Statute of Limitations: Only Murder Is Exempt from the Statute of Limitation, Statute of Limitation Does Not Apply to Any Capital Offense, Statute of Limitation Does Not Apply to Certain Enumerated Felonies, Statute of Limitation Does Not Apply to Any Felonies
- Exclusionary Rule: Exclusionary Rule Rejected, before 1914; Exclusionary Rule Rejected, after 1914; Exclusionary Rule Adopted, before 1961; Had Not Addressed Exclusionary Rule as of 1961
- Entrapment Defense: Defense Available If Not Predisposed, but Not Offense of Violence; Defense Available If Not Predisposed, Even If Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, but Not for Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, Even If Crime of Violence
- Offenses against the Person and Property
- Criminalizing Risk Creation: General Reckless Endangerment Offense, Risking Catastrophe Offense, Reckless Burning Offense
- Statutory Rape: Criminal for Adult to Have Intercourse with a Partner under 16, Criminal for Adult to Have Intercourse with a Partner under 17, Criminal for Adult to Have Intercourse with a Partner under 18, Recognizing a Close-in-Age Exception, No Close-in-Age Exception Recognized
- Domestic Violence: No Martial Rape Exception, Mandatory Arrest; Limited Marital Rape Exception, Mandatory Arrest; No Marital Rape Exception, Presumptive Arrest; Limited Marital Rape Exception, Presumptive Arrest; No Marital Rape Exception, Discretionary Arrest; Limited Rape Exception, Discretionary Arrest
- Stalking and Harassment: Requires Actual Fear or Distress, Punished as a Misdemeanor; Requires Actual Fear or Distress, Punished as a Felony; Enough That Intended or Believed Would Cause Distress, Punished as a Misdemeanor; Enough That Intended or Believed Would Cause Distress, Punished as a Felony
- Child Neglect: Criminalize Only Neglect of General Health or Welfare; Also Criminalize Neglect of "Education"; Also Criminalize Neglect of "Mental" or "Emotional" Health; Also Criminalize Neglect of "Mental" or "Emotional" Health, "Education"
- Deceptive Business Practices: Criminalizes False Advertising and False Measure, Criminalizes False Advertising Only, Criminalizes False Measure Only, Civil Remedies Only
- Extortion: Offender Must Demand Property, Offender May Demand Any Act, Effect of Threat Must Be to Actually Extort, Enough That the Offender Intends to Extort
- Public Order and Decency Offenses
- Adultery: Repealed by 1995; Repealed after 1995; Current Offense, Misdemeanor; Current Offense, Felony
- Criminal Obscenity: No Obscenity Offense; Defines Obscenity as Lacks Serious Value and Prurient Interest; Defines Obscenity as Lacks Serious Value and Prurient Interest, Also Prohibits Devices; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive, Also Prohibits Devices; Obscenity Offense but Leaves Obscenity Undefined
- Child Pornography: Person Depicted Must Be under 16 Years Old, Person Depicted Must Be under 17 Years Old, Person Depicted Must Be under 18 Years Old, Possession Punished the Same as Production or Distribution
- Offenses against the Community
- Drug Offenses: Marijuana Decriminalized; Marijuana a Civil Infraction Only; Misdemeanor, Fine Only; Misdemeanor, Jail; Felony, Jail; Life Imprisonment for Serious Nonviolent Drug Offense; Life without Parole for Serious Nonviolent Drug Offense
- Firearms Possession Offenses: Domestic Abusers Prohibited, Domestic Abusers Not Prohibited, Alcohol Abusers Prohibited, Possession Prohibited by Other Specified Misdemeanors
- Predatory Pricing: No Criminalization of Either Form of Predatory Pricing, Criminalizes Sales Below Cost, Criminalizes Price Discrimination
- Organized Crime: No Organized Crime Offense, Non-RICO Organized Crime Statutes, Asset Forfeiture Only, RICO with 4 to 14 Years Maximum, RICO with 15 to 24 Years Maximum, RICO with 25 Years to Life Maximum
- Fixing Sporting Events: Criminalizes Bribery of Officials or Participants, Criminalizes Only Bribery of Participants, Does Not Criminalize Sports Bribery, Criminalizes Sports Tampering
- Procedural Issues
- Extradition: Extradition Sought for All Violent Felony Warrants, Extradition Declined for 1 to 5 Percent of Violent Felony Warrants, Extradition Declined for 6 to 10 Percent of Violent Felony Warrants, Extradition Declined for 11 to 30 Percent of Violent Felony Warrants, Extradition Declined for Greater than 30 Percent of Violent Felony Warrants
- Jurisdiction: Requires Essential Offense Element, Requires Any Offense Element, Requires Any Part of Offense, Requires Only Detrimental Effect
Vermont
- Punishment Theory and Legality
- Distributive Principles of Criminal Law: Desert as a Distributive Principle, Deterrence as a Distributive Principle, Incapacitation as a Distributive Principle, Rehabilitation as a Correctional Policy, Deontological Desert Distributive Principles, Empirical Desert Distributive Principles, The Principle of Full Offense Proportionality, Full Offense Proportionality Plus Protecting the Blameless, A Partial Offense Proportionality Principle, Partial Offense Proportionality Plus Protecting Blameless, No Proportionality and No Protection of the Blameless
- Habitual Offender Statutes: Life Sentence Only If Offenses Were Violent Crimes, Life Sentence Only If at Least One of the Offenses Was a Specifically Enumerated Offense, Life Sentence Even Though None of Prior Offenses Were Violent Crimes
- Death Penalty: Death Penalty Unavailable, Death Penalty Available, Aggravation for Cruel or Depraved Killing, Aggravation for Killing a Child
- Legality: Offense Must Be Fully Codified; Offense Must Be Legislatively Recognized, but Not All of Its Elements Need to Be Codified; Allow Uncodified Offenses but Limit Punishment for Them; Allow Uncodified Offenses
- Homicide
- Provocation/Extreme Emotional Disturbance: Model Penal Code's Extreme Emotional Disturbance Mitigation, Common-Law Provocation: Words Alone Are Sufficient, Common-Law Provocation: Words Alone Are Sufficient Only If They Report Provocative Act, Common-Law Provocation: Words Alone Are Never Sufficient, No Provocation Mitigation
- Felony Murder: Normal Murder Requirements, Recklessness Required for Felony-Murder Liability, Negligence Required for Felony-Murder Liability, Malice Required for Felony-Murder Liability, No Culpability for Felony-Murder Liability
- Causation: Factual Causal Accountability If Sufficient Concurrent Cause, Factual Causal Accountability If Substantial Concurrent Cause, Have Adopted No Solution to the Factual Cause But-For Test Problem in Concurrent-Cause Cases, Proximate Cause as a Normative Judgment, Proximate Cause as an Apparent Factual Standard
- Liability Doctrines
- Transferred Intent: Transfer Only Intent or Knowledge, Not in Attempt Cases; Transfer All Culpability Levels, Not in Attempt Cases; Transfer Intent or Knowledge Even in Cases of Attempts; Transfer All Levels Even in Cases of Attempts
- Consent to Injury: Consent as a Defense to Even Serious Bodily Injury, Consent as a Defense to Nonserious Injury, Consent Not a Defense to Bodily Injury, Permitting Assistance of Suicide
- Mental Illness and Culpability: Mental Illness Can Negate Any Offense Element, Mental Illness Can Negate Only Specific Intent, Mental Illness Cannot Negate Any Offense Element, Abolish Insanity Defense
- Attempt: Proximity and Intent Required, Proximity Required but Permits Lesser Culpability, Substantial Step Sufficient and Intent Required, Substantial Step Sufficient and Permits Lesser Culpability
- Complicity: Complicity Requires Purpose, Natural and Probable Consequence Rule Rejected; Complicity Requires Purpose, Natural and Probable Consequence Rule Adopted; Complicity Requires Only Knowledges, Natural Probable Consequences Rule Rejected; Complicity Requires Only Knowledge, Natural Probable Consequence Rule Adopted
- Complicity Liability of Coconspirators: Adopts Pinkerton Rule, Rejects Withdrawal Defense; Adopts Pinkerton, Adopts Withdrawal Defense If Positive Steps; Adopts Pinkerton, Adopts Simple Withdrawal Defense; Rejects Pinkerton, Rejects Termination Defense to Complicity; Rejects Pinkerton, Adopts Termination Defense to Complicity
- Justification Defenses
- Lesser Evils/Necessity Defense: Lesser Evils Formulation, Imminence Not Required; Lesser Evils Formulation, Imminence Required; "No Alternative" Formulation, Imminence Not Required; "No Alternative" Formulation, Imminence Required; Lesser Evils/Necessity Defense Not Yet Recognized
- Self Defense: Authorizes Deadly Force Only against Threat of Serious Bodily Injury, Authorizes Deadly Force against Threat of Serious Bodily Injury or Enumerated Serious Felonies, Authorizes Deadly Force against Threat of Most Forcible Felonies, Authorizes Deadly Force against Threat of Any Felony
- Law Enforcement Authority: Defense Only Requires Defendant Believed Force Was Necessary, but Separate Provision Imposes Sliding-Scale Liability for Mistake; Defense Requires Defendant Reasonably Believed Force Was Necessary (Imposing All-or-Nothing Liability); Defense Requires Force Was Actually Necessary, but Provides a Separate Mistake Excuse
- Excuse Defenses
- Insanity Defense: Insanity Defense Abolished, Insanity Defense Requires Complete Loss of Understanding, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Criminality of Conduct, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Wrongfulness of Conduct, Insanity Defense If Offense Is Product of Disease, Insanity Defense Has No Control Prong, Insanity Defense If Irresistible Impulse, Insanity Defense If Substantial Impairment
- Immaturity Defense: 16 and Above, 15, 14, 13, 12, No Minimum Age
- Nonexculpatory Defenses
- Statute of Limitations: Only Murder Is Exempt from the Statute of Limitation, Statute of Limitation Does Not Apply to Any Capital Offense, Statute of Limitation Does Not Apply to Certain Enumerated Felonies, Statute of Limitation Does Not Apply to Any Felonies
- Exclusionary Rule: Exclusionary Rule Rejected, before 1914; Exclusionary Rule Rejected, after 1914; Exclusionary Rule Adopted, before 1961; Had Not Addressed Exclusionary Rule as of 1961
- Entrapment Defense: Defense Available If Not Predisposed, but Not Offense of Violence; Defense Available If Not Predisposed, Even If Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, but Not for Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, Even If Crime of Violence
- Offenses against the Person and Property
- Criminalizing Risk Creation: General Reckless Endangerment Offense, Risking Catastrophe Offense, Reckless Burning Offense
- Statutory Rape: Criminal for Adult to Have Intercourse with a Partner under 16, Criminal for Adult to Have Intercourse with a Partner under 17, Criminal for Adult to Have Intercourse with a Partner under 18, Recognizing a Close-in-Age Exception, No Close-in-Age Exception Recognized
- Domestic Violence: No Martial Rape Exception, Mandatory Arrest; Limited Marital Rape Exception, Mandatory Arrest; No Marital Rape Exception, Presumptive Arrest; Limited Marital Rape Exception, Presumptive Arrest; No Marital Rape Exception, Discretionary Arrest; Limited Rape Exception, Discretionary Arrest
- Stalking and Harassment: Requires Actual Fear or Distress, Punished as a Misdemeanor; Requires Actual Fear or Distress, Punished as a Felony; Enough That Intended or Believed Would Cause Distress, Punished as a Misdemeanor; Enough That Intended or Believed Would Cause Distress, Punished as a Felony
- Child Neglect: Criminalize Only Neglect of General Health or Welfare; Also Criminalize Neglect of "Education"; Also Criminalize Neglect of "Mental" or "Emotional" Health; Also Criminalize Neglect of "Mental" or "Emotional" Health, "Education"
- Deceptive Business Practices: Criminalizes False Advertising and False Measure, Criminalizes False Advertising Only, Criminalizes False Measure Only, Civil Remedies Only
- Extortion: Offender Must Demand Property, Offender May Demand Any Act, Effect of Threat Must Be to Actually Extort, Enough That the Offender Intends to Extort
- Public Order and Decency Offenses
- Adultery: Repealed by 1995; Repealed after 1995; Current Offense, Misdemeanor; Current Offense, Felony
- Criminal Obscenity: No Obscenity Offense; Defines Obscenity as Lacks Serious Value and Prurient Interest; Defines Obscenity as Lacks Serious Value and Prurient Interest, Also Prohibits Devices; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive, Also Prohibits Devices; Obscenity Offense but Leaves Obscenity Undefined
- Child Pornography: Person Depicted Must Be under 16 Years Old, Person Depicted Must Be under 17 Years Old, Person Depicted Must Be under 18 Years Old, Possession Punished the Same as Production or Distribution
- Offenses against the Community
- Drug Offenses: Marijuana Decriminalized; Marijuana a Civil Infraction Only; Misdemeanor, Fine Only; Misdemeanor, Jail; Felony, Jail; Life Imprisonment for Serious Nonviolent Drug Offense; Life without Parole for Serious Nonviolent Drug Offense
- Firearms Possession Offenses: Domestic Abusers Prohibited, Domestic Abusers Not Prohibited, Alcohol Abusers Prohibited, Possession Prohibited by Other Specified Misdemeanors
- Predatory Pricing: No Criminalization of Either Form of Predatory Pricing, Criminalizes Sales Below Cost, Criminalizes Price Discrimination
- Organized Crime: No Organized Crime Offense, Non-RICO Organized Crime Statutes, Asset Forfeiture Only, RICO with 4 to 14 Years Maximum, RICO with 15 to 24 Years Maximum, RICO with 25 Years to Life Maximum
- Fixing Sporting Events: Criminalizes Bribery of Officials or Participants, Criminalizes Only Bribery of Participants, Does Not Criminalize Sports Bribery, Criminalizes Sports Tampering
- Procedural Issues
- Extradition: Extradition Sought for All Violent Felony Warrants, Extradition Declined for 1 to 5 Percent of Violent Felony Warrants, Extradition Declined for 6 to 10 Percent of Violent Felony Warrants, Extradition Declined for 11 to 30 Percent of Violent Felony Warrants, Extradition Declined for Greater than 30 Percent of Violent Felony Warrants
- Jurisdiction: Requires Essential Offense Element, Requires Any Offense Element, Requires Any Part of Offense, Requires Only Detrimental Effect
Virginia
- Punishment Theory and Legality
- Distributive Principles of Criminal Law: Desert as a Distributive Principle, Deterrence as a Distributive Principle, Incapacitation as a Distributive Principle, Rehabilitation as a Correctional Policy, Deontological Desert Distributive Principles, Empirical Desert Distributive Principles, The Principle of Full Offense Proportionality, Full Offense Proportionality Plus Protecting the Blameless, A Partial Offense Proportionality Principle, Partial Offense Proportionality Plus Protecting Blameless, No Proportionality and No Protection of the Blameless
- Habitual Offender Statutes: Life Sentence Only If Offenses Were Violent Crimes, Life Sentence Only If at Least One of the Offenses Was a Specifically Enumerated Offense, Life Sentence Even Though None of Prior Offenses Were Violent Crimes
- Death Penalty: Death Penalty Unavailable, Death Penalty Available, Aggravation for Cruel or Depraved Killing, Aggravation for Killing a Child
- Legality: Offense Must Be Fully Codified; Offense Must Be Legislatively Recognized, but Not All of Its Elements Need to Be Codified; Allow Uncodified Offenses but Limit Punishment for Them; Allow Uncodified Offenses
- Homicide
- Provocation/Extreme Emotional Disturbance: Model Penal Code's Extreme Emotional Disturbance Mitigation, Common-Law Provocation: Words Alone Are Sufficient, Common-Law Provocation: Words Alone Are Sufficient Only If They Report Provocative Act, Common-Law Provocation: Words Alone Are Never Sufficient, No Provocation Mitigation
- Felony Murder: Normal Murder Requirements, Recklessness Required for Felony-Murder Liability, Negligence Required for Felony-Murder Liability, Malice Required for Felony-Murder Liability, No Culpability for Felony-Murder Liability
- Causation: Factual Causal Accountability If Sufficient Concurrent Cause, Factual Causal Accountability If Substantial Concurrent Cause, Have Adopted No Solution to the Factual Cause But-For Test Problem in Concurrent-Cause Cases, Proximate Cause as a Normative Judgment, Proximate Cause as an Apparent Factual Standard
- Liability Doctrines
- Transferred Intent: Transfer Only Intent or Knowledge, Not in Attempt Cases; Transfer All Culpability Levels, Not in Attempt Cases; Transfer Intent or Knowledge Even in Cases of Attempts; Transfer All Levels Even in Cases of Attempts
- Consent to Injury: Consent as a Defense to Even Serious Bodily Injury, Consent as a Defense to Nonserious Injury, Consent Not a Defense to Bodily Injury, Permitting Assistance of Suicide
- Mental Illness and Culpability: Mental Illness Can Negate Any Offense Element, Mental Illness Can Negate Only Specific Intent, Mental Illness Cannot Negate Any Offense Element, Abolish Insanity Defense
- Attempt: Proximity and Intent Required, Proximity Required but Permits Lesser Culpability, Substantial Step Sufficient and Intent Required, Substantial Step Sufficient and Permits Lesser Culpability
- Complicity: Complicity Requires Purpose, Natural and Probable Consequence Rule Rejected; Complicity Requires Purpose, Natural and Probable Consequence Rule Adopted; Complicity Requires Only Knowledges, Natural Probable Consequences Rule Rejected; Complicity Requires Only Knowledge, Natural Probable Consequence Rule Adopted
- Complicity Liability of Coconspirators: Adopts Pinkerton Rule, Rejects Withdrawal Defense; Adopts Pinkerton, Adopts Withdrawal Defense If Positive Steps; Adopts Pinkerton, Adopts Simple Withdrawal Defense; Rejects Pinkerton, Rejects Termination Defense to Complicity; Rejects Pinkerton, Adopts Termination Defense to Complicity
- Justification Defenses
- Lesser Evils/Necessity Defense: Lesser Evils Formulation, Imminence Not Required; Lesser Evils Formulation, Imminence Required; "No Alternative" Formulation, Imminence Not Required; "No Alternative" Formulation, Imminence Required; Lesser Evils/Necessity Defense Not Yet Recognized
- Self Defense: Authorizes Deadly Force Only against Threat of Serious Bodily Injury, Authorizes Deadly Force against Threat of Serious Bodily Injury or Enumerated Serious Felonies, Authorizes Deadly Force against Threat of Most Forcible Felonies, Authorizes Deadly Force against Threat of Any Felony
- Law Enforcement Authority: Defense Only Requires Defendant Believed Force Was Necessary, but Separate Provision Imposes Sliding-Scale Liability for Mistake; Defense Requires Defendant Reasonably Believed Force Was Necessary (Imposing All-or-Nothing Liability); Defense Requires Force Was Actually Necessary, but Provides a Separate Mistake Excuse
- Excuse Defenses
- Insanity Defense: Insanity Defense Abolished, Insanity Defense Requires Complete Loss of Understanding, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Criminality of Conduct, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Wrongfulness of Conduct, Insanity Defense If Offense Is Product of Disease, Insanity Defense Has No Control Prong, Insanity Defense If Irresistible Impulse, Insanity Defense If Substantial Impairment
- Immaturity Defense: 16 and Above, 15, 14, 13, 12, No Minimum Age
- Nonexculpatory Defenses
- Statute of Limitations: Only Murder Is Exempt from the Statute of Limitation, Statute of Limitation Does Not Apply to Any Capital Offense, Statute of Limitation Does Not Apply to Certain Enumerated Felonies, Statute of Limitation Does Not Apply to Any Felonies
- Exclusionary Rule: Exclusionary Rule Rejected, before 1914; Exclusionary Rule Rejected, after 1914; Exclusionary Rule Adopted, before 1961; Had Not Addressed Exclusionary Rule as of 1961
- Entrapment Defense: Defense Available If Not Predisposed, but Not Offense of Violence; Defense Available If Not Predisposed, Even If Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, but Not for Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, Even If Crime of Violence
- Offenses against the Person and Property
- Criminalizing Risk Creation: General Reckless Endangerment Offense, Risking Catastrophe Offense, Reckless Burning Offense
- Statutory Rape: Criminal for Adult to Have Intercourse with a Partner under 16, Criminal for Adult to Have Intercourse with a Partner under 17, Criminal for Adult to Have Intercourse with a Partner under 18, Recognizing a Close-in-Age Exception, No Close-in-Age Exception Recognized
- Domestic Violence: No Martial Rape Exception, Mandatory Arrest; Limited Marital Rape Exception, Mandatory Arrest; No Marital Rape Exception, Presumptive Arrest; Limited Marital Rape Exception, Presumptive Arrest; No Marital Rape Exception, Discretionary Arrest; Limited Rape Exception, Discretionary Arrest
- Stalking and Harassment: Requires Actual Fear or Distress, Punished as a Misdemeanor; Requires Actual Fear or Distress, Punished as a Felony; Enough That Intended or Believed Would Cause Distress, Punished as a Misdemeanor; Enough That Intended or Believed Would Cause Distress, Punished as a Felony
- Child Neglect: Criminalize Only Neglect of General Health or Welfare; Also Criminalize Neglect of "Education"; Also Criminalize Neglect of "Mental" or "Emotional" Health; Also Criminalize Neglect of "Mental" or "Emotional" Health, "Education"
- Deceptive Business Practices: Criminalizes False Advertising and False Measure, Criminalizes False Advertising Only, Criminalizes False Measure Only, Civil Remedies Only
- Extortion: Offender Must Demand Property, Offender May Demand Any Act, Effect of Threat Must Be to Actually Extort, Enough That the Offender Intends to Extort
- Public Order and Decency Offenses
- Adultery: Repealed by 1995; Repealed after 1995; Current Offense, Misdemeanor; Current Offense, Felony
- Criminal Obscenity: No Obscenity Offense; Defines Obscenity as Lacks Serious Value and Prurient Interest; Defines Obscenity as Lacks Serious Value and Prurient Interest, Also Prohibits Devices; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive, Also Prohibits Devices; Obscenity Offense but Leaves Obscenity Undefined
- Child Pornography: Person Depicted Must Be under 16 Years Old, Person Depicted Must Be under 17 Years Old, Person Depicted Must Be under 18 Years Old, Possession Punished the Same as Production or Distribution
- Offenses against the Community
- Drug Offenses: Marijuana Decriminalized; Marijuana a Civil Infraction Only; Misdemeanor, Fine Only; Misdemeanor, Jail; Felony, Jail; Life Imprisonment for Serious Nonviolent Drug Offense; Life without Parole for Serious Nonviolent Drug Offense
- Firearms Possession Offenses: Domestic Abusers Prohibited, Domestic Abusers Not Prohibited, Alcohol Abusers Prohibited, Possession Prohibited by Other Specified Misdemeanors
- Predatory Pricing: No Criminalization of Either Form of Predatory Pricing, Criminalizes Sales Below Cost, Criminalizes Price Discrimination
- Organized Crime: No Organized Crime Offense, Non-RICO Organized Crime Statutes, Asset Forfeiture Only, RICO with 4 to 14 Years Maximum, RICO with 15 to 24 Years Maximum, RICO with 25 Years to Life Maximum
- Fixing Sporting Events: Criminalizes Bribery of Officials or Participants, Criminalizes Only Bribery of Participants, Does Not Criminalize Sports Bribery, Criminalizes Sports Tampering
- Procedural Issues
- Extradition: Extradition Sought for All Violent Felony Warrants, Extradition Declined for 1 to 5 Percent of Violent Felony Warrants, Extradition Declined for 6 to 10 Percent of Violent Felony Warrants, Extradition Declined for 11 to 30 Percent of Violent Felony Warrants, Extradition Declined for Greater than 30 Percent of Violent Felony Warrants
- Jurisdiction: Requires Essential Offense Element, Requires Any Offense Element, Requires Any Part of Offense, Requires Only Detrimental Effect
Washington
- Punishment Theory and Legality
- Distributive Principles of Criminal Law: Desert as a Distributive Principle, Deterrence as a Distributive Principle, Incapacitation as a Distributive Principle, Rehabilitation as a Correctional Policy, Deontological Desert Distributive Principles, Empirical Desert Distributive Principles, The Principle of Full Offense Proportionality, Full Offense Proportionality Plus Protecting the Blameless, A Partial Offense Proportionality Principle, Partial Offense Proportionality Plus Protecting Blameless, No Proportionality and No Protection of the Blameless
- Habitual Offender Statutes: Life Sentence Only If Offenses Were Violent Crimes, Life Sentence Only If at Least One of the Offenses Was a Specifically Enumerated Offense, Life Sentence Even Though None of Prior Offenses Were Violent Crimes
- Death Penalty: Death Penalty Unavailable, Death Penalty Available, Aggravation for Cruel or Depraved Killing, Aggravation for Killing a Child
- Legality: Offense Must Be Fully Codified; Offense Must Be Legislatively Recognized, but Not All of Its Elements Need to Be Codified; Allow Uncodified Offenses but Limit Punishment for Them; Allow Uncodified Offenses
- Homicide
- Provocation/Extreme Emotional Disturbance: Model Penal Code's Extreme Emotional Disturbance Mitigation, Common-Law Provocation: Words Alone Are Sufficient, Common-Law Provocation: Words Alone Are Sufficient Only If They Report Provocative Act, Common-Law Provocation: Words Alone Are Never Sufficient, No Provocation Mitigation
- Felony Murder: Normal Murder Requirements, Recklessness Required for Felony-Murder Liability, Negligence Required for Felony-Murder Liability, Malice Required for Felony-Murder Liability, No Culpability for Felony-Murder Liability
- Causation: Factual Causal Accountability If Sufficient Concurrent Cause, Factual Causal Accountability If Substantial Concurrent Cause, Have Adopted No Solution to the Factual Cause But-For Test Problem in Concurrent-Cause Cases, Proximate Cause as a Normative Judgment, Proximate Cause as an Apparent Factual Standard
- Liability Doctrines
- Transferred Intent: Transfer Only Intent or Knowledge, Not in Attempt Cases; Transfer All Culpability Levels, Not in Attempt Cases; Transfer Intent or Knowledge Even in Cases of Attempts; Transfer All Levels Even in Cases of Attempts
- Consent to Injury: Consent as a Defense to Even Serious Bodily Injury, Consent as a Defense to Nonserious Injury, Consent Not a Defense to Bodily Injury, Permitting Assistance of Suicide
- Mental Illness and Culpability: Mental Illness Can Negate Any Offense Element, Mental Illness Can Negate Only Specific Intent, Mental Illness Cannot Negate Any Offense Element, Abolish Insanity Defense
- Attempt: Proximity and Intent Required, Proximity Required but Permits Lesser Culpability, Substantial Step Sufficient and Intent Required, Substantial Step Sufficient and Permits Lesser Culpability
- Complicity: Complicity Requires Purpose, Natural and Probable Consequence Rule Rejected; Complicity Requires Purpose, Natural and Probable Consequence Rule Adopted; Complicity Requires Only Knowledges, Natural Probable Consequences Rule Rejected; Complicity Requires Only Knowledge, Natural Probable Consequence Rule Adopted
- Complicity Liability of Coconspirators: Adopts Pinkerton Rule, Rejects Withdrawal Defense; Adopts Pinkerton, Adopts Withdrawal Defense If Positive Steps; Adopts Pinkerton, Adopts Simple Withdrawal Defense; Rejects Pinkerton, Rejects Termination Defense to Complicity; Rejects Pinkerton, Adopts Termination Defense to Complicity
- Justification Defenses
- Lesser Evils/Necessity Defense: Lesser Evils Formulation, Imminence Not Required; Lesser Evils Formulation, Imminence Required; "No Alternative" Formulation, Imminence Not Required; "No Alternative" Formulation, Imminence Required; Lesser Evils/Necessity Defense Not Yet Recognized
- Self Defense: Authorizes Deadly Force Only against Threat of Serious Bodily Injury, Authorizes Deadly Force against Threat of Serious Bodily Injury or Enumerated Serious Felonies, Authorizes Deadly Force against Threat of Most Forcible Felonies, Authorizes Deadly Force against Threat of Any Felony
- Law Enforcement Authority: Defense Only Requires Defendant Believed Force Was Necessary, but Separate Provision Imposes Sliding-Scale Liability for Mistake; Defense Requires Defendant Reasonably Believed Force Was Necessary (Imposing All-or-Nothing Liability); Defense Requires Force Was Actually Necessary, but Provides a Separate Mistake Excuse
- Excuse Defenses
- Insanity Defense: Insanity Defense Abolished, Insanity Defense Requires Complete Loss of Understanding, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Criminality of Conduct, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Wrongfulness of Conduct, Insanity Defense If Offense Is Product of Disease, Insanity Defense Has No Control Prong, Insanity Defense If Irresistible Impulse, Insanity Defense If Substantial Impairment
- Immaturity Defense: 16 and Above, 15, 14, 13, 12, No Minimum Age
- Nonexculpatory Defenses
- Statute of Limitations: Only Murder Is Exempt from the Statute of Limitation, Statute of Limitation Does Not Apply to Any Capital Offense, Statute of Limitation Does Not Apply to Certain Enumerated Felonies, Statute of Limitation Does Not Apply to Any Felonies
- Exclusionary Rule: Exclusionary Rule Rejected, before 1914; Exclusionary Rule Rejected, after 1914; Exclusionary Rule Adopted, before 1961; Had Not Addressed Exclusionary Rule as of 1961
- Entrapment Defense: Defense Available If Not Predisposed, but Not Offense of Violence; Defense Available If Not Predisposed, Even If Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, but Not for Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, Even If Crime of Violence
- Offenses against the Person and Property
- Criminalizing Risk Creation: General Reckless Endangerment Offense, Risking Catastrophe Offense, Reckless Burning Offense
- Statutory Rape: Criminal for Adult to Have Intercourse with a Partner under 16, Criminal for Adult to Have Intercourse with a Partner under 17, Criminal for Adult to Have Intercourse with a Partner under 18, Recognizing a Close-in-Age Exception, No Close-in-Age Exception Recognized
- Domestic Violence: No Martial Rape Exception, Mandatory Arrest; Limited Marital Rape Exception, Mandatory Arrest; No Marital Rape Exception, Presumptive Arrest; Limited Marital Rape Exception, Presumptive Arrest; No Marital Rape Exception, Discretionary Arrest; Limited Rape Exception, Discretionary Arrest
- Stalking and Harassment: Requires Actual Fear or Distress, Punished as a Misdemeanor; Requires Actual Fear or Distress, Punished as a Felony; Enough That Intended or Believed Would Cause Distress, Punished as a Misdemeanor; Enough That Intended or Believed Would Cause Distress, Punished as a Felony
- Child Neglect: Criminalize Only Neglect of General Health or Welfare; Also Criminalize Neglect of "Education"; Also Criminalize Neglect of "Mental" or "Emotional" Health; Also Criminalize Neglect of "Mental" or "Emotional" Health, "Education"
- Deceptive Business Practices: Criminalizes False Advertising and False Measure, Criminalizes False Advertising Only, Criminalizes False Measure Only, Civil Remedies Only
- Extortion: Offender Must Demand Property, Offender May Demand Any Act, Effect of Threat Must Be to Actually Extort, Enough That the Offender Intends to Extort
- Public Order and Decency Offenses
- Adultery: Repealed by 1995; Repealed after 1995; Current Offense, Misdemeanor; Current Offense, Felony
- Criminal Obscenity: No Obscenity Offense; Defines Obscenity as Lacks Serious Value and Prurient Interest; Defines Obscenity as Lacks Serious Value and Prurient Interest, Also Prohibits Devices; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive, Also Prohibits Devices; Obscenity Offense but Leaves Obscenity Undefined
- Child Pornography: Person Depicted Must Be under 16 Years Old, Person Depicted Must Be under 17 Years Old, Person Depicted Must Be under 18 Years Old, Possession Punished the Same as Production or Distribution
- Offenses against the Community
- Drug Offenses: Marijuana Decriminalized; Marijuana a Civil Infraction Only; Misdemeanor, Fine Only; Misdemeanor, Jail; Felony, Jail; Life Imprisonment for Serious Nonviolent Drug Offense; Life without Parole for Serious Nonviolent Drug Offense
- Firearms Possession Offenses: Domestic Abusers Prohibited, Domestic Abusers Not Prohibited, Alcohol Abusers Prohibited, Possession Prohibited by Other Specified Misdemeanors
- Predatory Pricing: No Criminalization of Either Form of Predatory Pricing, Criminalizes Sales Below Cost, Criminalizes Price Discrimination
- Organized Crime: No Organized Crime Offense, Non-RICO Organized Crime Statutes, Asset Forfeiture Only, RICO with 4 to 14 Years Maximum, RICO with 15 to 24 Years Maximum, RICO with 25 Years to Life Maximum
- Fixing Sporting Events: Criminalizes Bribery of Officials or Participants, Criminalizes Only Bribery of Participants, Does Not Criminalize Sports Bribery, Criminalizes Sports Tampering
- Procedural Issues
- Extradition: Extradition Sought for All Violent Felony Warrants, Extradition Declined for 1 to 5 Percent of Violent Felony Warrants, Extradition Declined for 6 to 10 Percent of Violent Felony Warrants, Extradition Declined for 11 to 30 Percent of Violent Felony Warrants, Extradition Declined for Greater than 30 Percent of Violent Felony Warrants
- Jurisdiction: Requires Essential Offense Element, Requires Any Offense Element, Requires Any Part of Offense, Requires Only Detrimental Effect
West Virginia
- Punishment Theory and Legality
- Distributive Principles of Criminal Law: Desert as a Distributive Principle, Deterrence as a Distributive Principle, Incapacitation as a Distributive Principle, Rehabilitation as a Correctional Policy, Deontological Desert Distributive Principles, Empirical Desert Distributive Principles, The Principle of Full Offense Proportionality, Full Offense Proportionality Plus Protecting the Blameless, A Partial Offense Proportionality Principle, Partial Offense Proportionality Plus Protecting Blameless, No Proportionality and No Protection of the Blameless
- Habitual Offender Statutes: Life Sentence Only If Offenses Were Violent Crimes, Life Sentence Only If at Least One of the Offenses Was a Specifically Enumerated Offense, Life Sentence Even Though None of Prior Offenses Were Violent Crimes
- Death Penalty: Death Penalty Unavailable, Death Penalty Available, Aggravation for Cruel or Depraved Killing, Aggravation for Killing a Child
- Legality: Offense Must Be Fully Codified; Offense Must Be Legislatively Recognized, but Not All of Its Elements Need to Be Codified; Allow Uncodified Offenses but Limit Punishment for Them; Allow Uncodified Offenses
- Homicide
- Provocation/Extreme Emotional Disturbance: Model Penal Code's Extreme Emotional Disturbance Mitigation, Common-Law Provocation: Words Alone Are Sufficient, Common-Law Provocation: Words Alone Are Sufficient Only If They Report Provocative Act, Common-Law Provocation: Words Alone Are Never Sufficient, No Provocation Mitigation
- Felony Murder: Normal Murder Requirements, Recklessness Required for Felony-Murder Liability, Negligence Required for Felony-Murder Liability, Malice Required for Felony-Murder Liability, No Culpability for Felony-Murder Liability
- Causation: Factual Causal Accountability If Sufficient Concurrent Cause, Factual Causal Accountability If Substantial Concurrent Cause, Have Adopted No Solution to the Factual Cause But-For Test Problem in Concurrent-Cause Cases, Proximate Cause as a Normative Judgment, Proximate Cause as an Apparent Factual Standard
- Liability Doctrines
- Transferred Intent: Transfer Only Intent or Knowledge, Not in Attempt Cases; Transfer All Culpability Levels, Not in Attempt Cases; Transfer Intent or Knowledge Even in Cases of Attempts; Transfer All Levels Even in Cases of Attempts
- Consent to Injury: Consent as a Defense to Even Serious Bodily Injury, Consent as a Defense to Nonserious Injury, Consent Not a Defense to Bodily Injury, Permitting Assistance of Suicide
- Mental Illness and Culpability: Mental Illness Can Negate Any Offense Element, Mental Illness Can Negate Only Specific Intent, Mental Illness Cannot Negate Any Offense Element, Abolish Insanity Defense
- Attempt: Proximity and Intent Required, Proximity Required but Permits Lesser Culpability, Substantial Step Sufficient and Intent Required, Substantial Step Sufficient and Permits Lesser Culpability
- Complicity: Complicity Requires Purpose, Natural and Probable Consequence Rule Rejected; Complicity Requires Purpose, Natural and Probable Consequence Rule Adopted; Complicity Requires Only Knowledges, Natural Probable Consequences Rule Rejected; Complicity Requires Only Knowledge, Natural Probable Consequence Rule Adopted
- Complicity Liability of Coconspirators: Adopts Pinkerton Rule, Rejects Withdrawal Defense; Adopts Pinkerton, Adopts Withdrawal Defense If Positive Steps; Adopts Pinkerton, Adopts Simple Withdrawal Defense; Rejects Pinkerton, Rejects Termination Defense to Complicity; Rejects Pinkerton, Adopts Termination Defense to Complicity
- Justification Defenses
- Lesser Evils/Necessity Defense: Lesser Evils Formulation, Imminence Not Required; Lesser Evils Formulation, Imminence Required; "No Alternative" Formulation, Imminence Not Required; "No Alternative" Formulation, Imminence Required; Lesser Evils/Necessity Defense Not Yet Recognized
- Self Defense: Authorizes Deadly Force Only against Threat of Serious Bodily Injury, Authorizes Deadly Force against Threat of Serious Bodily Injury or Enumerated Serious Felonies, Authorizes Deadly Force against Threat of Most Forcible Felonies, Authorizes Deadly Force against Threat of Any Felony
- Law Enforcement Authority: Defense Only Requires Defendant Believed Force Was Necessary, but Separate Provision Imposes Sliding-Scale Liability for Mistake; Defense Requires Defendant Reasonably Believed Force Was Necessary (Imposing All-or-Nothing Liability); Defense Requires Force Was Actually Necessary, but Provides a Separate Mistake Excuse
- Excuse Defenses
- Insanity Defense: Insanity Defense Abolished, Insanity Defense Requires Complete Loss of Understanding, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Criminality of Conduct, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Wrongfulness of Conduct, Insanity Defense If Offense Is Product of Disease, Insanity Defense Has No Control Prong, Insanity Defense If Irresistible Impulse, Insanity Defense If Substantial Impairment
- Immaturity Defense: 16 and Above, 15, 14, 13, 12, No Minimum Age
- Nonexculpatory Defenses
- Statute of Limitations: Only Murder Is Exempt from the Statute of Limitation, Statute of Limitation Does Not Apply to Any Capital Offense, Statute of Limitation Does Not Apply to Certain Enumerated Felonies, Statute of Limitation Does Not Apply to Any Felonies
- Exclusionary Rule: Exclusionary Rule Rejected, before 1914; Exclusionary Rule Rejected, after 1914; Exclusionary Rule Adopted, before 1961; Had Not Addressed Exclusionary Rule as of 1961
- Entrapment Defense: Defense Available If Not Predisposed, but Not Offense of Violence; Defense Available If Not Predisposed, Even If Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, but Not for Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, Even If Crime of Violence
- Offenses against the Person and Property
- Criminalizing Risk Creation: General Reckless Endangerment Offense, Risking Catastrophe Offense, Reckless Burning Offense
- Statutory Rape: Criminal for Adult to Have Intercourse with a Partner under 16, Criminal for Adult to Have Intercourse with a Partner under 17, Criminal for Adult to Have Intercourse with a Partner under 18, Recognizing a Close-in-Age Exception, No Close-in-Age Exception Recognized
- Domestic Violence: No Martial Rape Exception, Mandatory Arrest; Limited Marital Rape Exception, Mandatory Arrest; No Marital Rape Exception, Presumptive Arrest; Limited Marital Rape Exception, Presumptive Arrest; No Marital Rape Exception, Discretionary Arrest; Limited Rape Exception, Discretionary Arrest
- Stalking and Harassment: Requires Actual Fear or Distress, Punished as a Misdemeanor; Requires Actual Fear or Distress, Punished as a Felony; Enough That Intended or Believed Would Cause Distress, Punished as a Misdemeanor; Enough That Intended or Believed Would Cause Distress, Punished as a Felony
- Child Neglect: Criminalize Only Neglect of General Health or Welfare; Also Criminalize Neglect of "Education"; Also Criminalize Neglect of "Mental" or "Emotional" Health; Also Criminalize Neglect of "Mental" or "Emotional" Health, "Education"
- Deceptive Business Practices: Criminalizes False Advertising and False Measure, Criminalizes False Advertising Only, Criminalizes False Measure Only, Civil Remedies Only
- Extortion: Offender Must Demand Property, Offender May Demand Any Act, Effect of Threat Must Be to Actually Extort, Enough That the Offender Intends to Extort
- Public Order and Decency Offenses
- Adultery: Repealed by 1995; Repealed after 1995; Current Offense, Misdemeanor; Current Offense, Felony
- Criminal Obscenity: No Obscenity Offense; Defines Obscenity as Lacks Serious Value and Prurient Interest; Defines Obscenity as Lacks Serious Value and Prurient Interest, Also Prohibits Devices; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive, Also Prohibits Devices; Obscenity Offense but Leaves Obscenity Undefined
- Child Pornography: Person Depicted Must Be under 16 Years Old, Person Depicted Must Be under 17 Years Old, Person Depicted Must Be under 18 Years Old, Possession Punished the Same as Production or Distribution
- Offenses against the Community
- Drug Offenses: Marijuana Decriminalized; Marijuana a Civil Infraction Only; Misdemeanor, Fine Only; Misdemeanor, Jail; Felony, Jail; Life Imprisonment for Serious Nonviolent Drug Offense; Life without Parole for Serious Nonviolent Drug Offense
- Firearms Possession Offenses: Domestic Abusers Prohibited, Domestic Abusers Not Prohibited, Alcohol Abusers Prohibited, Possession Prohibited by Other Specified Misdemeanors
- Predatory Pricing: No Criminalization of Either Form of Predatory Pricing, Criminalizes Sales Below Cost, Criminalizes Price Discrimination
- Organized Crime: No Organized Crime Offense, Non-RICO Organized Crime Statutes, Asset Forfeiture Only, RICO with 4 to 14 Years Maximum, RICO with 15 to 24 Years Maximum, RICO with 25 Years to Life Maximum
- Fixing Sporting Events: Criminalizes Bribery of Officials or Participants, Criminalizes Only Bribery of Participants, Does Not Criminalize Sports Bribery, Criminalizes Sports Tampering
- Procedural Issues
- Extradition: Extradition Sought for All Violent Felony Warrants, Extradition Declined for 1 to 5 Percent of Violent Felony Warrants, Extradition Declined for 6 to 10 Percent of Violent Felony Warrants, Extradition Declined for 11 to 30 Percent of Violent Felony Warrants, Extradition Declined for Greater than 30 Percent of Violent Felony Warrants
- Jurisdiction: Requires Essential Offense Element, Requires Any Offense Element, Requires Any Part of Offense, Requires Only Detrimental Effect
Wisconsin
- Punishment Theory and Legality
- Distributive Principles of Criminal Law: Desert as a Distributive Principle, Deterrence as a Distributive Principle, Incapacitation as a Distributive Principle, Rehabilitation as a Correctional Policy, Deontological Desert Distributive Principles, Empirical Desert Distributive Principles, The Principle of Full Offense Proportionality, Full Offense Proportionality Plus Protecting the Blameless, A Partial Offense Proportionality Principle, Partial Offense Proportionality Plus Protecting Blameless, No Proportionality and No Protection of the Blameless
- Habitual Offender Statutes: Life Sentence Only If Offenses Were Violent Crimes, Life Sentence Only If at Least One of the Offenses Was a Specifically Enumerated Offense, Life Sentence Even Though None of Prior Offenses Were Violent Crimes
- Death Penalty: Death Penalty Unavailable, Death Penalty Available, Aggravation for Cruel or Depraved Killing, Aggravation for Killing a Child
- Legality: Offense Must Be Fully Codified; Offense Must Be Legislatively Recognized, but Not All of Its Elements Need to Be Codified; Allow Uncodified Offenses but Limit Punishment for Them; Allow Uncodified Offenses
- Homicide
- Provocation/Extreme Emotional Disturbance: Model Penal Code's Extreme Emotional Disturbance Mitigation, Common-Law Provocation: Words Alone Are Sufficient, Common-Law Provocation: Words Alone Are Sufficient Only If They Report Provocative Act, Common-Law Provocation: Words Alone Are Never Sufficient, No Provocation Mitigation
- Felony Murder: Normal Murder Requirements, Recklessness Required for Felony-Murder Liability, Negligence Required for Felony-Murder Liability, Malice Required for Felony-Murder Liability, No Culpability for Felony-Murder Liability
- Causation: Factual Causal Accountability If Sufficient Concurrent Cause, Factual Causal Accountability If Substantial Concurrent Cause, Have Adopted No Solution to the Factual Cause But-For Test Problem in Concurrent-Cause Cases, Proximate Cause as a Normative Judgment, Proximate Cause as an Apparent Factual Standard
- Liability Doctrines
- Transferred Intent: Transfer Only Intent or Knowledge, Not in Attempt Cases; Transfer All Culpability Levels, Not in Attempt Cases; Transfer Intent or Knowledge Even in Cases of Attempts; Transfer All Levels Even in Cases of Attempts
- Consent to Injury: Consent as a Defense to Even Serious Bodily Injury, Consent as a Defense to Nonserious Injury, Consent Not a Defense to Bodily Injury, Permitting Assistance of Suicide
- Mental Illness and Culpability: Mental Illness Can Negate Any Offense Element, Mental Illness Can Negate Only Specific Intent, Mental Illness Cannot Negate Any Offense Element, Abolish Insanity Defense
- Attempt: Proximity and Intent Required, Proximity Required but Permits Lesser Culpability, Substantial Step Sufficient and Intent Required, Substantial Step Sufficient and Permits Lesser Culpability
- Complicity: Complicity Requires Purpose, Natural and Probable Consequence Rule Rejected; Complicity Requires Purpose, Natural and Probable Consequence Rule Adopted; Complicity Requires Only Knowledges, Natural Probable Consequences Rule Rejected; Complicity Requires Only Knowledge, Natural Probable Consequence Rule Adopted
- Complicity Liability of Coconspirators: Adopts Pinkerton Rule, Rejects Withdrawal Defense; Adopts Pinkerton, Adopts Withdrawal Defense If Positive Steps; Adopts Pinkerton, Adopts Simple Withdrawal Defense; Rejects Pinkerton, Rejects Termination Defense to Complicity; Rejects Pinkerton, Adopts Termination Defense to Complicity
- Justification Defenses
- Lesser Evils/Necessity Defense: Lesser Evils Formulation, Imminence Not Required; Lesser Evils Formulation, Imminence Required; "No Alternative" Formulation, Imminence Not Required; "No Alternative" Formulation, Imminence Required; Lesser Evils/Necessity Defense Not Yet Recognized
- Self Defense: Authorizes Deadly Force Only against Threat of Serious Bodily Injury, Authorizes Deadly Force against Threat of Serious Bodily Injury or Enumerated Serious Felonies, Authorizes Deadly Force against Threat of Most Forcible Felonies, Authorizes Deadly Force against Threat of Any Felony
- Law Enforcement Authority: Defense Only Requires Defendant Believed Force Was Necessary, but Separate Provision Imposes Sliding-Scale Liability for Mistake; Defense Requires Defendant Reasonably Believed Force Was Necessary (Imposing All-or-Nothing Liability); Defense Requires Force Was Actually Necessary, but Provides a Separate Mistake Excuse
- Excuse Defenses
- Insanity Defense: Insanity Defense Abolished, Insanity Defense Requires Complete Loss of Understanding, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Criminality of Conduct, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Wrongfulness of Conduct, Insanity Defense If Offense Is Product of Disease, Insanity Defense Has No Control Prong, Insanity Defense If Irresistible Impulse, Insanity Defense If Substantial Impairment
- Immaturity Defense: 16 and Above, 15, 14, 13, 12, No Minimum Age
- Nonexculpatory Defenses
- Statute of Limitations: Only Murder Is Exempt from the Statute of Limitation, Statute of Limitation Does Not Apply to Any Capital Offense, Statute of Limitation Does Not Apply to Certain Enumerated Felonies, Statute of Limitation Does Not Apply to Any Felonies
- Exclusionary Rule: Exclusionary Rule Rejected, before 1914; Exclusionary Rule Rejected, after 1914; Exclusionary Rule Adopted, before 1961; Had Not Addressed Exclusionary Rule as of 1961
- Entrapment Defense: Defense Available If Not Predisposed, but Not Offense of Violence; Defense Available If Not Predisposed, Even If Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, but Not for Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, Even If Crime of Violence
- Offenses against the Person and Property
- Criminalizing Risk Creation: General Reckless Endangerment Offense, Risking Catastrophe Offense, Reckless Burning Offense
- Statutory Rape: Criminal for Adult to Have Intercourse with a Partner under 16, Criminal for Adult to Have Intercourse with a Partner under 17, Criminal for Adult to Have Intercourse with a Partner under 18, Recognizing a Close-in-Age Exception, No Close-in-Age Exception Recognized
- Domestic Violence: No Martial Rape Exception, Mandatory Arrest; Limited Marital Rape Exception, Mandatory Arrest; No Marital Rape Exception, Presumptive Arrest; Limited Marital Rape Exception, Presumptive Arrest; No Marital Rape Exception, Discretionary Arrest; Limited Rape Exception, Discretionary Arrest
- Stalking and Harassment: Requires Actual Fear or Distress, Punished as a Misdemeanor; Requires Actual Fear or Distress, Punished as a Felony; Enough That Intended or Believed Would Cause Distress, Punished as a Misdemeanor; Enough That Intended or Believed Would Cause Distress, Punished as a Felony
- Child Neglect: Criminalize Only Neglect of General Health or Welfare; Also Criminalize Neglect of "Education"; Also Criminalize Neglect of "Mental" or "Emotional" Health; Also Criminalize Neglect of "Mental" or "Emotional" Health, "Education"
- Deceptive Business Practices: Criminalizes False Advertising and False Measure, Criminalizes False Advertising Only, Criminalizes False Measure Only, Civil Remedies Only
- Extortion: Offender Must Demand Property, Offender May Demand Any Act, Effect of Threat Must Be to Actually Extort, Enough That the Offender Intends to Extort
- Public Order and Decency Offenses
- Adultery: Repealed by 1995; Repealed after 1995; Current Offense, Misdemeanor; Current Offense, Felony
- Criminal Obscenity: No Obscenity Offense; Defines Obscenity as Lacks Serious Value and Prurient Interest; Defines Obscenity as Lacks Serious Value and Prurient Interest, Also Prohibits Devices; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive, Also Prohibits Devices; Obscenity Offense but Leaves Obscenity Undefined
- Child Pornography: Person Depicted Must Be under 16 Years Old, Person Depicted Must Be under 17 Years Old, Person Depicted Must Be under 18 Years Old, Possession Punished the Same as Production or Distribution
- Offenses against the Community
- Drug Offenses: Marijuana Decriminalized; Marijuana a Civil Infraction Only; Misdemeanor, Fine Only; Misdemeanor, Jail; Felony, Jail; Life Imprisonment for Serious Nonviolent Drug Offense; Life without Parole for Serious Nonviolent Drug Offense
- Firearms Possession Offenses: Domestic Abusers Prohibited, Domestic Abusers Not Prohibited, Alcohol Abusers Prohibited, Possession Prohibited by Other Specified Misdemeanors
- Predatory Pricing: No Criminalization of Either Form of Predatory Pricing, Criminalizes Sales Below Cost, Criminalizes Price Discrimination
- Organized Crime: No Organized Crime Offense, Non-RICO Organized Crime Statutes, Asset Forfeiture Only, RICO with 4 to 14 Years Maximum, RICO with 15 to 24 Years Maximum, RICO with 25 Years to Life Maximum
- Fixing Sporting Events: Criminalizes Bribery of Officials or Participants, Criminalizes Only Bribery of Participants, Does Not Criminalize Sports Bribery, Criminalizes Sports Tampering
- Procedural Issues
- Extradition: Extradition Sought for All Violent Felony Warrants, Extradition Declined for 1 to 5 Percent of Violent Felony Warrants, Extradition Declined for 6 to 10 Percent of Violent Felony Warrants, Extradition Declined for 11 to 30 Percent of Violent Felony Warrants, Extradition Declined for Greater than 30 Percent of Violent Felony Warrants
- Jurisdiction: Requires Essential Offense Element, Requires Any Offense Element, Requires Any Part of Offense, Requires Only Detrimental Effect
Wyoming
- Punishment Theory and Legality
- Distributive Principles of Criminal Law: Desert as a Distributive Principle, Deterrence as a Distributive Principle, Incapacitation as a Distributive Principle, Rehabilitation as a Correctional Policy, Deontological Desert Distributive Principles, Empirical Desert Distributive Principles, The Principle of Full Offense Proportionality, Full Offense Proportionality Plus Protecting the Blameless, A Partial Offense Proportionality Principle, Partial Offense Proportionality Plus Protecting Blameless, No Proportionality and No Protection of the Blameless
- Habitual Offender Statutes: Life Sentence Only If Offenses Were Violent Crimes, Life Sentence Only If at Least One of the Offenses Was a Specifically Enumerated Offense, Life Sentence Even Though None of Prior Offenses Were Violent Crimes
- Death Penalty: Death Penalty Unavailable, Death Penalty Available, Aggravation for Cruel or Depraved Killing, Aggravation for Killing a Child
- Legality: Offense Must Be Fully Codified; Offense Must Be Legislatively Recognized, but Not All of Its Elements Need to Be Codified; Allow Uncodified Offenses but Limit Punishment for Them; Allow Uncodified Offenses
- Homicide
- Provocation/Extreme Emotional Disturbance: Model Penal Code's Extreme Emotional Disturbance Mitigation, Common-Law Provocation: Words Alone Are Sufficient, Common-Law Provocation: Words Alone Are Sufficient Only If They Report Provocative Act, Common-Law Provocation: Words Alone Are Never Sufficient, No Provocation Mitigation
- Felony Murder: Normal Murder Requirements, Recklessness Required for Felony-Murder Liability, Negligence Required for Felony-Murder Liability, Malice Required for Felony-Murder Liability, No Culpability for Felony-Murder Liability
- Causation: Factual Causal Accountability If Sufficient Concurrent Cause, Factual Causal Accountability If Substantial Concurrent Cause, Have Adopted No Solution to the Factual Cause But-For Test Problem in Concurrent-Cause Cases, Proximate Cause as a Normative Judgment, Proximate Cause as an Apparent Factual Standard
- Liability Doctrines
- Transferred Intent: Transfer Only Intent or Knowledge, Not in Attempt Cases; Transfer All Culpability Levels, Not in Attempt Cases; Transfer Intent or Knowledge Even in Cases of Attempts; Transfer All Levels Even in Cases of Attempts
- Consent to Injury: Consent as a Defense to Even Serious Bodily Injury, Consent as a Defense to Nonserious Injury, Consent Not a Defense to Bodily Injury, Permitting Assistance of Suicide
- Mental Illness and Culpability: Mental Illness Can Negate Any Offense Element, Mental Illness Can Negate Only Specific Intent, Mental Illness Cannot Negate Any Offense Element, Abolish Insanity Defense
- Attempt: Proximity and Intent Required, Proximity Required but Permits Lesser Culpability, Substantial Step Sufficient and Intent Required, Substantial Step Sufficient and Permits Lesser Culpability
- Complicity: Complicity Requires Purpose, Natural and Probable Consequence Rule Rejected; Complicity Requires Purpose, Natural and Probable Consequence Rule Adopted; Complicity Requires Only Knowledges, Natural Probable Consequences Rule Rejected; Complicity Requires Only Knowledge, Natural Probable Consequence Rule Adopted
- Complicity Liability of Coconspirators: Adopts Pinkerton Rule, Rejects Withdrawal Defense; Adopts Pinkerton, Adopts Withdrawal Defense If Positive Steps; Adopts Pinkerton, Adopts Simple Withdrawal Defense; Rejects Pinkerton, Rejects Termination Defense to Complicity; Rejects Pinkerton, Adopts Termination Defense to Complicity
- Justification Defenses
- Lesser Evils/Necessity Defense: Lesser Evils Formulation, Imminence Not Required; Lesser Evils Formulation, Imminence Required; "No Alternative" Formulation, Imminence Not Required; "No Alternative" Formulation, Imminence Required; Lesser Evils/Necessity Defense Not Yet Recognized
- Self Defense: Authorizes Deadly Force Only against Threat of Serious Bodily Injury, Authorizes Deadly Force against Threat of Serious Bodily Injury or Enumerated Serious Felonies, Authorizes Deadly Force against Threat of Most Forcible Felonies, Authorizes Deadly Force against Threat of Any Felony
- Law Enforcement Authority: Defense Only Requires Defendant Believed Force Was Necessary, but Separate Provision Imposes Sliding-Scale Liability for Mistake; Defense Requires Defendant Reasonably Believed Force Was Necessary (Imposing All-or-Nothing Liability); Defense Requires Force Was Actually Necessary, but Provides a Separate Mistake Excuse
- Excuse Defenses
- Insanity Defense: Insanity Defense Abolished, Insanity Defense Requires Complete Loss of Understanding, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Criminality of Conduct, Insanity Defense Requires Substantial Impairment of Capacity to Appreciate Wrongfulness of Conduct, Insanity Defense If Offense Is Product of Disease, Insanity Defense Has No Control Prong, Insanity Defense If Irresistible Impulse, Insanity Defense If Substantial Impairment
- Immaturity Defense: 16 and Above, 15, 14, 13, 12, No Minimum Age
- Nonexculpatory Defenses
- Statute of Limitations: Only Murder Is Exempt from the Statute of Limitation, Statute of Limitation Does Not Apply to Any Capital Offense, Statute of Limitation Does Not Apply to Certain Enumerated Felonies, Statute of Limitation Does Not Apply to Any Felonies
- Exclusionary Rule: Exclusionary Rule Rejected, before 1914; Exclusionary Rule Rejected, after 1914; Exclusionary Rule Adopted, before 1961; Had Not Addressed Exclusionary Rule as of 1961
- Entrapment Defense: Defense Available If Not Predisposed, but Not Offense of Violence; Defense Available If Not Predisposed, Even If Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, but Not for Crime of Violence; Defense Available If Police Misconduct Even If Offender Is Predisposed, Even If Crime of Violence
- Offenses against the Person and Property
- Criminalizing Risk Creation: General Reckless Endangerment Offense, Risking Catastrophe Offense, Reckless Burning Offense
- Statutory Rape: Criminal for Adult to Have Intercourse with a Partner under 16, Criminal for Adult to Have Intercourse with a Partner under 17, Criminal for Adult to Have Intercourse with a Partner under 18, Recognizing a Close-in-Age Exception, No Close-in-Age Exception Recognized
- Domestic Violence: No Martial Rape Exception, Mandatory Arrest; Limited Marital Rape Exception, Mandatory Arrest; No Marital Rape Exception, Presumptive Arrest; Limited Marital Rape Exception, Presumptive Arrest; No Marital Rape Exception, Discretionary Arrest; Limited Rape Exception, Discretionary Arrest
- Stalking and Harassment: Requires Actual Fear or Distress, Punished as a Misdemeanor; Requires Actual Fear or Distress, Punished as a Felony; Enough That Intended or Believed Would Cause Distress, Punished as a Misdemeanor; Enough That Intended or Believed Would Cause Distress, Punished as a Felony
- Child Neglect: Criminalize Only Neglect of General Health or Welfare; Also Criminalize Neglect of "Education"; Also Criminalize Neglect of "Mental" or "Emotional" Health; Also Criminalize Neglect of "Mental" or "Emotional" Health, "Education"
- Deceptive Business Practices: Criminalizes False Advertising and False Measure, Criminalizes False Advertising Only, Criminalizes False Measure Only, Civil Remedies Only
- Extortion: Offender Must Demand Property, Offender May Demand Any Act, Effect of Threat Must Be to Actually Extort, Enough That the Offender Intends to Extort
- Public Order and Decency Offenses
- Adultery: Repealed by 1995; Repealed after 1995; Current Offense, Misdemeanor; Current Offense, Felony
- Criminal Obscenity: No Obscenity Offense; Defines Obscenity as Lacks Serious Value and Prurient Interest; Defines Obscenity as Lacks Serious Value and Prurient Interest, Also Prohibits Devices; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive; Defines Obscenity as Lacks Serious Value, Prurient Interest, and Patently Offensive, Also Prohibits Devices; Obscenity Offense but Leaves Obscenity Undefined
- Child Pornography: Person Depicted Must Be under 16 Years Old, Person Depicted Must Be under 17 Years Old, Person Depicted Must Be under 18 Years Old, Possession Punished the Same as Production or Distribution
- Offenses against the Community
- Drug Offenses: Marijuana Decriminalized; Marijuana a Civil Infraction Only; Misdemeanor, Fine Only; Misdemeanor, Jail; Felony, Jail; Life Imprisonment for Serious Nonviolent Drug Offense; Life without Parole for Serious Nonviolent Drug Offense
- Firearms Possession Offenses: Domestic Abusers Prohibited, Domestic Abusers Not Prohibited, Alcohol Abusers Prohibited, Possession Prohibited by Other Specified Misdemeanors
- Predatory Pricing: No Criminalization of Either Form of Predatory Pricing, Criminalizes Sales Below Cost, Criminalizes Price Discrimination
- Organized Crime: No Organized Crime Offense, Non-RICO Organized Crime Statutes, Asset Forfeiture Only, RICO with 4 to 14 Years Maximum, RICO with 15 to 24 Years Maximum, RICO with 25 Years to Life Maximum
- Fixing Sporting Events: Criminalizes Bribery of Officials or Participants, Criminalizes Only Bribery of Participants, Does Not Criminalize Sports Bribery, Criminalizes Sports Tampering
- Procedural Issues
- Extradition: Extradition Sought for All Violent Felony Warrants, Extradition Declined for 1 to 5 Percent of Violent Felony Warrants, Extradition Declined for 6 to 10 Percent of Violent Felony Warrants, Extradition Declined for 11 to 30 Percent of Violent Felony Warrants, Extradition Declined for Greater than 30 Percent of Violent Felony Warrants
- Jurisdiction: Requires Essential Offense Element, Requires Any Offense Element, Requires Any Part of Offense, Requires Only Detrimental Effect