Class V Violation
0-5 minutes$250-$2,500
Citation eligible. A contested charge receives summary judicial review.
Official Publication ECC-001
Eden Criminal Code
The complete written offenses of Eden, with every required element, exclusion, evidence consideration, classification, sentence, fine, and controlling legal reference.
Government of Eden
Criminal Law
This Code defines what conduct is criminal. The Eden Legal Code controls authority, proof, rights, defenses, police powers, courts, evidence, and general procedure.
Principle of Legality
No written offense, no criminal punishment.
Suspicion, reputation, group membership, department habit, outside law, or perceived unfairness cannot replace a written offense. The prosecution must prove every required element beyond a reasonable doubt. A gap in this Code must be corrected for the future, never charged by analogy.
Sentencing Framework
Eight published classifications
Ranges are boundaries, not automatic outcomes. Courts select a proportionate sentence from proven facts and may not stack charges to evade the 180-minute overall cap.
Class III Misdemeanor
1-8 minutes$500-$5,000
Citation or summary disposition is permitted. Custody requires an independent lawful basis.
Class II Misdemeanor
5-15 minutes$2,500-$10,000
Summary disposition is permitted if admitted; a contested charge proceeds to court.
Class I Misdemeanor
10-25 minutes$5,000-$20,000
Prosecutor review is recommended. A contested charge requires judicial determination.
Class III Felony
20-45 minutes$10,000-$40,000
Court required. The accused may be held only within the published judicial-hold limit.
Class II Felony
35-75 minutes$20,000-$75,000
Court and prosecutor review required. Pretrial release conditions may be imposed by lawful order.
Class I Felony
60-120 minutes$50,000-$150,000
Court and prosecutor review required. Detention beyond the judicial hold requires a judicial order.
Exceptional Felony
90-180 minutes$100,000-$500,000
Full court process required. Any sentence above 120 minutes must state exceptional findings on the record.
Title I1. Authority, Classification, and Criminal Process
Title I
Defines the exclusive source of Eden offenses, charging rules, offense classes, judicial holds, pretrial release, and when a criminal record may be created.
Operation of the Code
General Provision
Exclusive Criminal Offenses
Rule
A person may be charged only with an offense published in this Code or another Eden Act that expressly creates a criminal offense.
Legal Effect
A harmful, suspicious, immoral, or unfamiliar act is not criminal unless every element of a written offense applies.
Application
- Charging by analogy, custom, department habit, or outside law is prohibited.
- A documentation gap must be corrected prospectively.
General Provision
Relationship to the Eden Legal Code
Rule
The Eden Legal Code controls jurisdiction, interpretation, liability, defenses, proof, police authority, procedure, evidence, and sentencing unless this Code states a valid specific rule.
Legal Effect
An offense must be read with the controlling ELC provisions rather than as an isolated charge label.
Application
- Specific offense elements control over a general description.
- The ELC remains binding when this Code is silent.
General Provision
Elements Required for Conviction
Rule
The prosecution must prove every act, circumstance, result, mental state, and jurisdictional element stated by the charged section beyond a reasonable doubt.
Legal Effect
Failure to prove one required element requires acquittal of that charge, though a proven included offense may remain.
Application
- A title or summary cannot replace an element.
- Suspicion, reputation, or association cannot fill an evidentiary gap.
General Provision
Mental State
Rule
The offense-specific mental state applies as written. Intentional, knowing, reckless, negligent, and strict-liability standards have the meanings assigned by the Eden Legal Code.
Legal Effect
A more serious mental state satisfies a lower mental state only where the ELC permits that conclusion for the same element.
Application
- Strict liability is never inferred from silence.
- The prosecution must connect the mental state to the relevant conduct, circumstance, or result.
General Provision
Attempt
Rule
Attempt liability follows ELC Sections 5-101 through 5-104 and ordinarily carries one classification below the completed offense unless a section sets a different grade.
Legal Effect
Preparation alone is not punishable as attempt; a substantial step strongly confirming the criminal purpose is required.
Application
- An Exceptional Felony attempt is graded as a Class I Felony unless expressly stated otherwise.
- Voluntary abandonment may apply only under ELC 5-104.
General Provision
Solicitation
Rule
Solicitation follows ELC Section 5-105 and carries one classification below the requested offense unless the request is accepted and advances into conspiracy or commission.
Legal Effect
Casual discussion, fantasy, reporting, journalism, or ambiguous approval is not solicitation.
Application
- The requested offense must be identifiable.
- Payment, command, or serious encouragement may prove a genuine request.
General Provision
Conspiracy
Rule
Conspiracy follows ELC Section 5-106 and carries one classification below the most serious agreed offense unless a specific section provides otherwise.
Legal Effect
Association with offenders or awareness of crime is not an agreement and cannot establish conspiracy.
Application
- At least one overt act must advance the agreement.
- Each defendant's agreement must be proven individually.
General Provision
Accomplice Liability
Rule
An accomplice proven under ELC Sections 5-201 and 5-202 is liable for the supported offense to the same classification as a principal, subject to role-based mitigation.
Legal Effect
Presence, friendship, group membership, or failure to report a crime is not accomplice liability without intentional assistance or a written preventive duty.
Application
- The prosecution must identify the assistance.
- An independent departure may fall outside the shared plan.
General Provision
Included Offenses
Rule
A defendant may be convicted of an included offense when every element of the lesser offense is contained in the charged offense and the evidence proves the lesser offense.
Legal Effect
The accused must receive fair notice of the factual conduct from which the included offense arises.
Application
- Battery may be included in aggravated battery.
- Theft may be included in robbery when force is not proven.
General Provision
Unit of Prosecution
Rule
Each victim, separately owned property interest, distinct transaction, separate official record, or independently completed criminal act may form a separate count only when the offense text and protected interest support it.
Legal Effect
One continuous act may not be divided into artificial counts merely to increase punishment.
Application
- Separate victims ordinarily support separate counts.
- Repeated possession of the same item during one uninterrupted period is ordinarily one count.
Offense Classifications
General Provision
Class V Violation
Rule
A Class V Violation authorizes 0-5 minutes and a $250-$2,500 fine.
Legal Effect
A citation is preferred unless custody is independently lawful.
Application
- No permanent felony record may result.
- Restitution or specific license consequences require separate authority.
General Provision
Class III Misdemeanor
Rule
A Class III Misdemeanor authorizes 1-8 minutes and a $500-$5,000 fine.
Legal Effect
Admission may permit summary disposition; a contested charge receives judicial review.
Application
- The minimum is not mandatory when a noncustodial sentence is authorized.
- Citation release remains available.
General Provision
Class II Misdemeanor
Rule
A Class II Misdemeanor authorizes 5-15 minutes and a $2,500-$10,000 fine.
Legal Effect
Summary disposition requires an informed admission; otherwise the charge proceeds to court.
Application
- Pretrial restrictions must be proportionate.
- A misdemeanor label does not itself justify extended detention.
General Provision
Class I Misdemeanor
Rule
A Class I Misdemeanor authorizes 10-25 minutes and a $5,000-$20,000 fine.
Legal Effect
Prosecutor review is recommended and contested guilt must be decided by a court.
Application
- Collateral license or employment consequences require written authority.
- Judicial hold rules remain applicable.
General Provision
Class III Felony
Rule
A Class III Felony authorizes 20-45 minutes and a $10,000-$40,000 fine.
Legal Effect
A felony conviction requires a plea accepted by a court or a judicial verdict.
Application
- Police recommend charges; they do not create a conviction.
- Release conditions may be requested based on documented risk.
General Provision
Class II Felony
Rule
A Class II Felony authorizes 35-75 minutes and a $20,000-$75,000 fine.
Legal Effect
Prosecutor and court review are required before permanent conviction consequences.
Application
- The seriousness of the label does not remove the presumption of innocence.
- Detention beyond the judicial hold requires an order.
General Provision
Class I Felony
Rule
A Class I Felony authorizes 60-120 minutes and a $50,000-$150,000 fine.
Legal Effect
Full judicial process is required, including supported findings for disputed aggravating facts.
Application
- Release may carry strict conditions but is not automatically denied.
- Separate victims may support consecutive treatment.
General Provision
Exceptional Felony
Rule
An Exceptional Felony authorizes 90-180 minutes and a $100,000-$500,000 fine.
Legal Effect
A sentence above 120 minutes requires specific exceptional findings and a full written judgment.
Application
- Exceptional classification is reserved for offenses expressly given that grade.
- The classification cannot be created through charge stacking.
Charging, Hold, and Record
General Provision
Charging and Prosecutor Review
Rule
Police may identify supported recommended charges, but an authorized prosecutor controls formal felony charging and may add, reduce, amend, or dismiss charges according to the evidence.
Legal Effect
Charging must track provable elements rather than maximize count or sentence exposure.
Application
- A charge decision must identify the supporting facts.
- Dismissal does not erase underlying reports or lawful evidence.
General Provision
Maximum Judicial Hold
Rule
A person awaiting initial judicial review may be held for no more than 30 real-time minutes on the pending matter unless a judge issues a further lawful detention order.
Legal Effect
When the limit expires without an order, the person must be released from the hold subject to lawful summons or release conditions.
Application
- Time held because of the same charge is recorded for sentence credit.
- Medical treatment does not erase pending process or create authority to exceed the limit.
General Provision
Release Pending Trial
Rule
A person released pending trial remains presumed innocent and may be subject only to published, necessary, and proportionate conditions imposed or approved by lawful authority.
Legal Effect
Conditions may regulate reporting, travel, contact, weapons, locations, or monitoring, but may not become an unadjudicated prison sentence.
Application
- Conditions must be recorded with duration and reason.
- Violation is charged only under a specific published offense.
General Provision
Conviction and Criminal Record
Rule
An arrest, investigation, recommended charge, summons, or pending case is not a conviction and may not be entered as one on a permanent criminal record.
Legal Effect
A conviction is entered only after an informed guilty plea accepted by a court or a final guilty verdict.
Application
- Pending charges may appear as pending where access is lawful.
- Acquitted and dismissed charges remain case history but not convictions.
Title II2. Offenses Against Life and Bodily Integrity
Title II
Protects life, bodily safety, incapacitated persons, patients, and emergency medical treatment while distinguishing intentional harm from accidents and justified force.
Homicide and Life-Threatening Harm
Criminal Offense
Class I Felony
Intentional Homicide
Definition
A person commits intentional homicide when they unlawfully cause another person's death with the conscious objective of causing death.
Required Elements
- The accused performed a voluntary act.
- The act caused the death of another person.
- Causing death was the accused's conscious objective.
- No complete justification applies.
Does Not Include
- Accidental injury without intent.
- Lawful deadly force under ELC Title VI.
- A victim entering critical condition but surviving.
Applies
Deliberately shooting a restrained person until death occurs.
Does Not Apply
Firing lawfully at an imminent deadly threat and causing death.
Evidence Considerations
- Medical or death record
- scene evidence
- weapon and ammunition records
- statements or planning
- video or witness evidence
Aggravating Factors
- Multiple victims
- victim was restrained or incapacitated
- extensive planning
- murder for payment
Mitigating Factors
- Voluntary surrender
- substantial rescue effort
- extreme provocation not amounting to a defense
Procedure
Court and prosecutor review required. Detention beyond the judicial hold requires a judicial order.
Criminal Offense
Exceptional Felony
Aggravated Homicide
Definition
A person commits aggravated homicide when they commit intentional homicide and the killing involves multiple victims, murder for payment, torture, a restrained or incapacitated victim, terrorism, or a deliberate killing to obstruct justice.
Required Elements
- Every element of intentional homicide is proven.
- At least one listed aggravating circumstance existed.
- The accused knew the facts creating that circumstance.
Does Not Include
- A serious killing without a listed aggravator.
- An aggravator based only on the victim's job title where that status did not affect the act.
Applies
Executing a bound hostage to force payment and silence witnesses.
Does Not Apply
An intentional killing with no listed aggravating circumstance; that remains ECC 2-101.
Evidence Considerations
- all homicide evidence
- restraint or hostage evidence
- payment or communication records
- evidence of justice obstruction
- victim count
Aggravating Factors
- More than one listed aggravator
- public mass-casualty purpose
Procedure
Full court process required. Any sentence above 120 minutes must state exceptional findings on the record.
Criminal Offense
Class II Felony
Reckless Homicide
Definition
A person commits reckless homicide when they consciously disregard a substantial and unjustifiable risk that their conduct will cause death and the conduct causes another person's death.
Required Elements
- The accused created or continued a substantial risk of death.
- The accused was aware of that risk.
- The accused consciously disregarded it.
- The disregard caused death.
Does Not Include
- An unforeseeable death following ordinary care.
- Negligence without proven awareness of the risk.
- Intentional homicide.
Applies
Firing repeatedly into an occupied room without targeting a particular person and causing death.
Does Not Apply
A minor mistake that unexpectedly causes a fatal mechanical accident.
Evidence Considerations
- warnings received
- location and trajectory evidence
- witnesses
- medical record
- prior statements showing awareness
Procedure
Court and prosecutor review required. Pretrial release conditions may be imposed by lawful order.
Criminal Offense
Class III Felony
Criminally Negligent Homicide
Definition
A person commits criminally negligent homicide when they should perceive a substantial and unjustifiable risk of death, their failure is a serious departure from reasonable care, and that failure causes death.
Required Elements
- A substantial and unjustifiable risk of death existed.
- A reasonable person would have perceived it.
- The accused seriously departed from reasonable care.
- The failure caused death.
Does Not Include
- Ordinary carelessness or a minor accident.
- A death caused solely by an unforeseeable independent event.
- Reckless or intentional homicide.
Applies
Leaving a known lethal hazard active in a crowded workplace after being responsible for securing it.
Does Not Apply
A routine equipment failure that the accused had no reason or duty to detect.
Evidence Considerations
- duty and safety records
- warnings
- technical condition
- witnesses
- medical record
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class II Felony
Attempted Intentional Homicide
Definition
A person commits attempted intentional homicide when, intending to cause another person's death, they take a substantial step strongly confirming that purpose but death does not result.
Required Elements
- The accused intended death, not merely injury or intimidation.
- The accused took a substantial step toward causing death.
- Death did not occur.
- No complete justification or voluntary abandonment applies.
Does Not Include
- Threats without a substantial step.
- Conduct intended only to injure.
- A completed homicide.
Applies
Aiming and firing at a person's head with intent to kill, but the person survives hospital treatment.
Does Not Apply
Displaying a weapon during an argument without taking a substantial step toward killing.
Evidence Considerations
- weapon use and trajectory
- medical record
- statements of intent
- planning
- video and witness evidence
Procedure
Court and prosecutor review required. Pretrial release conditions may be imposed by lawful order.
Criminal Offense
Class II Felony
Solicitation of Homicide
Definition
A person commits solicitation of homicide when they intentionally command, request, offer payment, or seriously encourage another person to unlawfully kill an identified or identifiable person.
Required Elements
- A genuine request or direction was communicated.
- The requested conduct was an unlawful homicide.
- The accused intended that the killing occur.
Does Not Include
- Reporting a threat.
- Fiction, joking, or fantasy without a genuine request.
- Agreeing and taking an overt act, which may constitute conspiracy.
Applies
Offering money and target information to another person to perform a killing.
Does Not Apply
Discussing a fictional assassination scenario without asking anyone to act.
Evidence Considerations
- messages or recordings
- payment records
- target information
- witness testimony
- preparatory materials
Procedure
Court and prosecutor review required. Pretrial release conditions may be imposed by lawful order.
Criminal Offense
Class III Felony
Assisting Self-Destructive Conduct
Definition
A person commits this offense when they intentionally provide the immediate means for another person's known self-destructive act, or knowingly coerce that act, and serious injury or death results.
Required Elements
- The other person's immediate self-destructive purpose was known.
- The accused supplied essential means or coercion.
- The assistance materially caused serious injury or death.
Does Not Include
- Good-faith medical care.
- Failing to predict an undisclosed intention.
- Speech alone that does not intentionally facilitate the act.
Applies
Providing a loaded weapon after the person clearly states an immediate intent to use it on themselves.
Does Not Apply
Selling an ordinary lawful item without knowledge of any self-destructive purpose.
Evidence Considerations
- communications
- item transfer evidence
- medical record
- witnesses
- coercion evidence
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Assault, Battery, and Endangerment
Criminal Offense
Class II Misdemeanor
Assault
Definition
A person commits assault when they intentionally or knowingly place another person in reasonable fear of imminent unlawful bodily injury through words combined with conduct, a displayed ability, or an immediate threat.
Required Elements
- The accused communicated or demonstrated an imminent threat.
- The accused appeared able to carry it out.
- The victim reasonably perceived imminent bodily injury.
- The threatened force was unlawful.
Does Not Include
- Remote or conditional future threats.
- Mere insults.
- Lawful warning of force by an authorized person.
Applies
Raising a weapon and ordering a person to comply while threatening immediate injury.
Does Not Apply
Saying 'you will regret this someday' without an immediate act or ability.
Evidence Considerations
- victim statement
- witnesses
- video or audio
- weapon or positioning
- context of the encounter
Procedure
Summary disposition is permitted if admitted; a contested charge proceeds to court.
Criminal Offense
Class III Felony
Aggravated Assault
Definition
A person commits aggravated assault when they commit assault using a deadly weapon, against multiple victims, against a restrained or especially vulnerable person, or under circumstances creating an immediate risk of severe bodily injury.
Required Elements
- Every element of assault is proven.
- At least one listed aggravating circumstance existed.
- The accused knew the facts creating that circumstance.
Does Not Include
- Possessing a weapon without using it to threaten.
- An ordinary assault without a listed aggravator.
Applies
Pointing a shotgun at several bank customers while threatening immediate shooting.
Does Not Apply
An angry verbal argument where no weapon, immediate ability, or severe-risk circumstance exists.
Evidence Considerations
- all assault evidence
- weapon evidence
- victim status
- scene risk
- medical vulnerability evidence where relevant
Aggravating Factors
- Multiple victims
- victim restrained
- commission during another felony
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class II Misdemeanor
Battery
Definition
A person commits battery when they intentionally or knowingly cause unlawful physical contact that produces pain, injury, impairment, or offensive physical interference beyond trivial incidental contact.
Required Elements
- The accused made or caused physical contact.
- The contact was intentional or knowing.
- The contact caused pain, injury, impairment, or substantial offensive interference.
- The contact lacked consent or legal justification.
Does Not Include
- Accidental bumping.
- Consensual sports or medical contact.
- Lawful and proportionate force.
Applies
Punching another person during an argument and causing pain.
Does Not Apply
Brushing past someone in a crowded doorway without intent to harm or offend.
Evidence Considerations
- medical record
- victim statement
- witnesses
- video
- injury photographs
Procedure
Summary disposition is permitted if admitted; a contested charge proceeds to court.
Criminal Offense
Class III Felony
Aggravated Battery
Definition
A person commits aggravated battery when battery causes severe bodily injury, critical incapacitation, permanent supported impairment, or is committed against a restrained, unconscious, or medically vulnerable person.
Required Elements
- Every element of battery is proven.
- The conduct caused a listed serious result or involved a listed vulnerable condition.
- The accused intended the contact and knew the relevant circumstances.
Does Not Include
- Minor injury that does not satisfy a listed result.
- A medically necessary procedure performed with authority.
Applies
Beating an unconscious person and causing critical incapacitation.
Does Not Apply
A single shove causing no meaningful injury or vulnerable circumstance.
Evidence Considerations
- medical and hospital record
- injury photographs
- video
- witnesses
- weapon evidence
Aggravating Factors
- Repeated blows after incapacitation
- multiple attackers
- weapon use not separately charged
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class II Felony
Battery with a Deadly Weapon
Definition
A person commits battery with a deadly weapon when they intentionally or knowingly use a firearm, blade, vehicle, explosive, or other item as deadly force to cause unlawful bodily injury.
Required Elements
- The accused used an item as deadly force.
- The use caused bodily injury.
- The use was intentional or knowing.
- No complete justification applies.
Does Not Include
- Possession without use.
- A threat without contact, which may be aggravated assault.
- Justified defensive force.
Applies
Shooting another person in the leg during an unlawful attack.
Does Not Apply
Displaying a holstered firearm without threatening or using it.
Evidence Considerations
- weapon and ammunition
- medical record
- trajectory or impact evidence
- video
- statements
Procedure
Court and prosecutor review required. Pretrial release conditions may be imposed by lawful order.
Criminal Offense
Class I Felony
Poisoning
Definition
A person commits poisoning when they intentionally introduce a harmful substance into food, drink, medicine, air, or another delivery medium for another person to consume or encounter, causing serious injury or creating a substantial risk of death.
Required Elements
- A harmful substance was intentionally introduced.
- The accused intended or knew another person would encounter it.
- Serious injury occurred or a substantial risk of death was created.
Does Not Include
- Accidental contamination without criminal negligence.
- Authorized medical administration.
- A harmless prank incapable of meaningful injury.
Applies
Secretly adding a lethal chemical to a target's drink.
Does Not Apply
Serving ordinary food that unexpectedly causes an unknown allergy.
Evidence Considerations
- substance and container
- medical record
- purchase or possession records
- video
- communications and motive
Aggravating Factors
- Multiple exposed persons
- public water or food supply
- victim unable to protect themselves
Procedure
Court and prosecutor review required. Detention beyond the judicial hold requires a judicial order.
Criminal Offense
Class I Misdemeanor
Reckless Endangerment
Definition
A person commits reckless endangerment when they consciously disregard a substantial and unjustifiable risk that their conduct will cause death or severe bodily injury to another person, whether or not injury occurs.
Required Elements
- A substantial risk of death or severe injury existed.
- The accused was aware of the risk.
- The accused consciously disregarded it.
- The disregard seriously departed from reasonable conduct.
Does Not Include
- Ordinary mistakes.
- Risk accepted through valid consent within a lawful activity.
- Conduct where no person was exposed to the risk.
Applies
Firing a weapon through a wall known to have people behind it.
Does Not Apply
Dropping an unloaded item in an empty secured area without exposing anyone.
Evidence Considerations
- scene layout
- warnings
- video
- witnesses
- weapon or hazard evidence
Procedure
Prosecutor review is recommended. A contested charge requires judicial determination.
Criminal Offense
Class I Misdemeanor
Criminally Negligent Injury
Definition
A person commits criminally negligent injury when they fail to perceive a substantial and unjustifiable risk, that failure seriously departs from reasonable care, and another person suffers bodily injury as a result.
Required Elements
- A substantial risk of injury existed.
- A reasonable person would have perceived it.
- The accused's failure seriously departed from reasonable care.
- The failure caused injury.
Does Not Include
- Minor carelessness.
- An unavoidable accident.
- Injury caused by an independent unforeseeable event.
Applies
Leaving dangerous machinery active and unattended in a public workspace despite responsibility to secure it.
Does Not Apply
A hidden equipment defect that no reasonable inspection would reveal.
Evidence Considerations
- duty records
- safety condition
- warnings
- medical record
- witnesses
Procedure
Prosecutor review is recommended. A contested charge requires judicial determination.
Criminal Offense
Class I Misdemeanor
Administering an Unknown Harmful Substance
Definition
A person commits this offense when they give, inject, apply, or cause another person to consume a substance while knowing its identity, dosage, or safety is materially unknown and consciously disregarding a substantial risk of bodily injury.
Required Elements
- The accused administered or caused administration.
- Material safety information was unknown.
- The accused knew of and disregarded a substantial risk.
- The other person did not give informed consent to that risk.
Does Not Include
- Good-faith emergency care within training.
- An ordinary product used as directed.
- Informed voluntary consumption of a lawful known substance.
Applies
Injecting an unmarked chemical into a patient without knowing what it is.
Does Not Apply
Giving a sealed labeled medicine according to authorized medical direction.
Evidence Considerations
- container and substance
- medical chart
- training and authorization records
- witnesses
- communications
Procedure
Prosecutor review is recommended. A contested charge requires judicial determination.
Critical Incapacitation and Medical Protection
Criminal Offense
Class III Felony
Causing Critical Incapacitation
Definition
A person commits this offense when they unlawfully cause another person to enter the supported critical or downed state requiring EMS intervention or hospital transfer.
Required Elements
- The accused intentionally or knowingly used unlawful force.
- The force caused the supported critical state.
- No complete defense applies.
Does Not Include
- A justified use of force.
- An accidental critical state without the required mental state.
- A more specific homicide offense when death occurs.
Applies
Intentionally shooting a person until the server places them into critical condition.
Does Not Apply
An EMS treatment complication occurring despite lawful reasonable care.
Evidence Considerations
- game event record
- medical or hospital record
- weapon evidence
- video
- witnesses
Additional Consequences
- Medical restitution may be ordered.
- Weapons and proceeds may be seized only under separate authority.
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class II Felony
Unlawful Attack on an Incapacitated Person
Definition
A person commits this offense when they intentionally use unlawful force against a person they know is unconscious, downed, restrained by medical condition, or otherwise unable to defend themselves.
Required Elements
- The victim was in a listed incapacitated condition.
- The accused knew of that condition.
- The accused intentionally used unlawful force.
- The force was not medically necessary or otherwise justified.
Does Not Include
- Reasonable medical treatment.
- Reasonable force necessary to stop an ongoing threat the person still presents.
- Contact solely to drag or rescue the person.
Applies
Returning to shoot a downed opponent who no longer presents an imminent threat.
Does Not Apply
Moving a downed person away from active gunfire to permit treatment.
Evidence Considerations
- game state record
- video
- medical record
- weapon evidence
- statements
Aggravating Factors
- Purpose to prevent revival
- repeated attack
- victim in medical custody
Procedure
Court and prosecutor review required. Pretrial release conditions may be imposed by lawful order.
Criminal Offense
Class I Misdemeanor
Abandoning a Person Injured by the Accused
Definition
A person commits this offense when, after causing or materially contributing to another person's serious injury, they knowingly leave without requesting available emergency assistance or taking a reasonable safety step when doing so would not create a substantial danger.
Required Elements
- The accused caused or materially contributed to serious injury.
- The accused knew the person needed emergency aid.
- A reasonable aid or reporting step was available.
- The accused knowingly failed to take it.
Does Not Include
- Leaving to escape a continuing threat while promptly requesting aid.
- Lack of knowledge that injury occurred.
- Inability to contact or safely assist.
Applies
Driving away after critically injuring a pedestrian without calling emergency services.
Does Not Apply
Retreating from an armed attacker and immediately reporting their injury to dispatch.
Evidence Considerations
- incident and call records
- location timeline
- medical record
- witnesses
- communications
Procedure
Prosecutor review is recommended. A contested charge requires judicial determination.
Criminal Offense
Class III Felony
Interference with Emergency Medical Treatment
Definition
A person commits this offense when they intentionally obstruct, disable, remove, or prevent reasonably necessary EMS or hospital treatment for a person in critical condition without lawful authority.
Required Elements
- Emergency treatment was reasonably necessary.
- The accused knew treatment was being attempted or required.
- The accused intentionally obstructed or prevented it.
- No lawful medical or safety authority justified the interference.
Does Not Include
- Good-faith triage decisions.
- Refusing treatment for oneself when legally capable.
- Moving a patient to remove an immediate threat.
Applies
Blocking EMS from reaching a downed victim so the victim cannot be revived.
Does Not Apply
A doctor selecting one reasonable treatment over another.
Evidence Considerations
- EMS dispatch and patient record
- bodycam or video
- witnesses
- scene access evidence
- communications
Aggravating Factors
- Interference causes hospital transfer or death
- weapon used to obstruct responders
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class I Misdemeanor
Unlawful Medical Treatment
Definition
A person commits this offense when they intentionally perform a significant medical procedure, administer restricted treatment, or represent a treatment as authorized while lacking required consent, certification, or emergency authority.
Required Elements
- A significant treatment or procedure was performed.
- Consent, certification, or emergency authority was required.
- The accused knew the required authority was absent.
Does Not Include
- Basic first aid within ordinary ability.
- Good-faith emergency treatment reasonably necessary to preserve life.
- Authorized treatment with informed consent.
Applies
Administering a restricted injection while knowingly lacking medical certification or patient consent.
Does Not Apply
Applying a bandage to an unconscious person during an emergency.
Evidence Considerations
- medical record
- certification registry
- consent evidence
- medication issuance
- witnesses
Procedure
Prosecutor review is recommended. A contested charge requires judicial determination.
Criminal Offense
Class I Misdemeanor
Impersonating a Medical Professional
Definition
A person commits this offense when they knowingly claim, display, or use a false EMS or medical identity to obtain trust, access, equipment, records, or authority reserved for a certified medical professional.
Required Elements
- The accused represented themselves as medically certified or appointed.
- The representation was knowingly false.
- The representation was used to obtain trust, access, equipment, records, or authority.
Does Not Include
- Clearly fictional costume or performance.
- Providing ordinary first aid without claiming certification.
- An expired credential disclosed as expired.
Applies
Using a stolen EMS credential to enter a treatment area and access patient records.
Does Not Apply
Helping at a crash while accurately stating that one is not EMS.
Evidence Considerations
- credential registry
- access logs
- uniform or ID
- communications
- witnesses
Additional Consequences
- Fraudulently obtained equipment or records may be seized under lawful authority.
Procedure
Prosecutor review is recommended. A contested charge requires judicial determination.
Criminal Offense
Class III Felony
Medical Record Falsification
Definition
A person commits this offense when they knowingly create, alter, omit, or certify materially false information in an official patient, treatment, injury, discharge, or medical-clearance record.
Required Elements
- An official medical record was created or altered.
- The information or omission was material.
- The accused knew it was false or misleading.
- The act was intended to affect treatment, custody, investigation, benefits, or legal process.
Does Not Include
- Good-faith correction marked as a correction.
- Disputed medical judgment honestly recorded.
- An immaterial typographical error.
Applies
Falsely recording that a suspect was medically cleared to permit immediate transfer.
Does Not Apply
Correcting an inaccurate treatment time while preserving the audit history.
Evidence Considerations
- record versions and audit log
- medical personnel testimony
- treatment events
- communications
- custody timeline
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class III Felony
Patient Abuse or Exploitation
Definition
A person responsible for treatment or custody commits this offense when they intentionally use a patient's incapacity, dependence, private information, property, or restricted movement for personal gain, punishment, coercion, or an unauthorized purpose.
Required Elements
- The accused had treatment, access, or custodial responsibility.
- The patient was dependent, incapacitated, or subject to restricted movement.
- The accused intentionally exploited that condition for an unauthorized purpose.
Does Not Include
- Reasonable medical restrictions.
- Lawful evidence preservation or custody action.
- An ordinary billing or treatment dispute without intentional exploitation.
Applies
Taking a sedated patient's money because they cannot resist or report it.
Does Not Apply
Temporarily retaining a weapon found during treatment for lawful transfer to police.
Evidence Considerations
- patient and inventory records
- access logs
- financial records
- video
- witnesses
Aggravating Factors
- Significant property loss
- coercive treatment
- repeated victims
Additional Consequences
- Professional certification consequences require separate authority.
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Title III3. Offenses Against Liberty, Safety, and Dignity
Title III
Protects freedom of movement, personal security, and freedom from coercion while preserving lawful detention, ordinary disagreement, and protected refusal to cooperate.
Kidnapping and Unlawful Confinement
Criminal Offense
Class II Felony
Kidnapping
Definition
A person commits kidnapping when they intentionally move, seize, transport, hide, or confine another person without lawful authority or valid consent for a substantial period or distance.
Required Elements
- The accused moved or confined another person.
- The movement or confinement was substantial rather than momentary or incidental.
- The accused intended the restraint and knew consent or lawful authority was absent.
Does Not Include
- A lawful arrest.
- Brief incidental restraint during another offense that does not materially increase harm.
- Voluntary travel or presence.
Applies
Forcing a person into a vehicle and transporting them to a warehouse.
Does Not Apply
Standing briefly in a doorway during an argument without actually preventing departure.
Evidence Considerations
- victim statement
- location and vehicle records
- video
- communications
- restraints or weapons
Aggravating Factors
- Extended duration
- movement to a concealed location
- demand for payment
- multiple victims
Procedure
Court and prosecutor review required. Pretrial release conditions may be imposed by lawful order.
Criminal Offense
Class I Felony
Aggravated Kidnapping
Definition
A person commits aggravated kidnapping when they commit kidnapping and use deadly force, cause critical injury, target multiple victims, demand ransom, conceal the victim for an extended period, or exploit an incapacitated victim.
Required Elements
- Every element of kidnapping is proven.
- At least one listed aggravating circumstance existed.
- The accused knew the facts creating that circumstance.
Does Not Include
- An ordinary kidnapping without a listed aggravator.
- A lawful high-risk transport under public authority.
Applies
Holding several people at gunpoint in a concealed site while demanding ransom.
Does Not Apply
Transporting a consenting passenger who later changes plans without being restrained.
Evidence Considerations
- all kidnapping evidence
- weapon and injury evidence
- ransom communications
- duration and location records
- victim count
Procedure
Court and prosecutor review required. Detention beyond the judicial hold requires a judicial order.
Criminal Offense
Class II Felony
Hostage Taking
Definition
A person commits hostage taking when they intentionally confine or control another person and threaten harm, continued restraint, or death to compel a third person, institution, or public authority to act, refrain, negotiate, provide value, or grant passage.
Required Elements
- A person was intentionally confined or controlled.
- The accused threatened harm or continued restraint.
- The threat was used to compel a third party or institution.
Does Not Include
- A kidnapping with no demand directed to another party.
- Voluntary participation in a staged exercise.
- A lawful arrest followed by legal demands.
Applies
Holding bank customers at gunpoint to demand police provide an escape route.
Does Not Apply
Threatening only the person being robbed to surrender their own wallet; that may be robbery.
Evidence Considerations
- victim and negotiator statements
- communications
- video
- weapons
- demands and timeline
Aggravating Factors
- Multiple hostages
- injury to a hostage
- false promise of release
- extended barricade
Procedure
Court and prosecutor review required. Pretrial release conditions may be imposed by lawful order.
Criminal Offense
Class I Misdemeanor
False Imprisonment
Definition
A person commits false imprisonment when they intentionally confine another person within a bounded place without lawful authority or valid consent, and the confinement is more than momentary.
Required Elements
- The victim was actually prevented from leaving.
- The accused intended the confinement.
- Consent and lawful authority were absent.
- The confinement lasted more than a trivial moment.
Does Not Include
- A lawful detention.
- A locked area the accused did not control or know about.
- A brief obstruction that never prevents departure.
Applies
Locking an employee in a back room to force them to finish work.
Does Not Apply
Closing a shop door without knowing a customer remains inside and promptly opening it when told.
Evidence Considerations
- access and lock records
- victim statement
- video
- communications
- duration evidence
Procedure
Prosecutor review is recommended. A contested charge requires judicial determination.
Criminal Offense
Class II Misdemeanor
Unlawful Restraint
Definition
A person commits unlawful restraint when they intentionally use force, threats, restraints, or physical control to substantially limit another person's movement without lawful authority or valid consent.
Required Elements
- The accused intentionally limited movement.
- The limitation was substantial.
- The victim did not validly consent.
- No lawful authority justified it.
Does Not Include
- Incidental contact.
- Reasonable restraint to prevent an immediate injury while help is requested.
- Lawful handcuffing by an authorized officer.
Applies
Tying a person to a chair during an interrogation by a private group.
Does Not Apply
Holding someone back for seconds to stop them from walking into active gunfire.
Evidence Considerations
- restraints
- victim and witness statements
- video
- injury evidence
- authority records
Procedure
Summary disposition is permitted if admitted; a contested charge proceeds to court.
Criminal Offense
Class III Felony
Abduction by Deception
Definition
A person commits abduction by deception when they intentionally obtain another person's movement or presence at a location through a material lie and then confine, transport, or expose that person to a criminal danger they did not agree to face.
Required Elements
- A material deception caused the victim to travel or appear.
- The accused intended the deception.
- The accused then confined, transported, or exposed the victim to a criminal danger.
Does Not Include
- Ordinary social deception with no confinement or criminal danger.
- A lawful undercover operation authorized by policy and law.
- A person voluntarily remaining after learning the truth.
Applies
Falsely offering a job interview to lure a target into a secured room for a robbery.
Does Not Apply
Using a false name during an ordinary conversation without causing confinement or danger.
Evidence Considerations
- messages and advertisements
- location evidence
- victim statement
- video
- planning records
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Coercion, Threats, and Persistent Targeting
Criminal Offense
Class I Misdemeanor
Criminal Coercion
Definition
A person commits criminal coercion when they intentionally use an unlawful threat of injury, confinement, exposure of protected information, property destruction, or official abuse to compel another person to act or refrain against their will.
Required Elements
- A listed unlawful threat was communicated.
- The accused intended to compel conduct or inaction.
- The demanded conduct was not lawfully required by the accused.
Does Not Include
- Lawful negotiation.
- A warning that legal action will be taken.
- Ordinary persuasion without an unlawful threat.
Applies
Threatening to burn a person's business unless they sign over a vehicle.
Does Not Apply
Warning a debtor that a lawful civil claim will be filed.
Evidence Considerations
- communications
- victim statement
- demanded act
- ability and surrounding conduct
- property or official records
Procedure
Prosecutor review is recommended. A contested charge requires judicial determination.
Criminal Offense
Class I Misdemeanor
Criminal Threat
Definition
A person commits a criminal threat when they seriously communicate an intent to unlawfully cause death, severe bodily injury, kidnapping, or major property destruction and the threat is sufficiently specific and credible to create reasonable fear.
Required Elements
- A listed serious harm was threatened.
- The communication was serious rather than idle or clearly fictional.
- The accused intended or knew it would be understood as a threat.
- The circumstances made the fear reasonable.
Does Not Include
- Political criticism.
- Vague insults.
- Obvious fiction or joking not reasonably understood as a genuine threat.
Applies
Sending a target their address and stating a specific plan to shoot them that evening.
Does Not Apply
Saying 'this game is killing me' in an ordinary non-threatening context.
Evidence Considerations
- messages or recordings
- victim statement
- target information
- weapons or preparation
- context
Procedure
Prosecutor review is recommended. A contested charge requires judicial determination.
Criminal Offense
Class III Felony
Terroristic Threat
Definition
A person commits a terroristic threat when they seriously threaten mass violence, an explosive attack, critical-infrastructure destruction, or another act intended to terrorize the public, force evacuation, or coerce government action.
Required Elements
- A mass-harm or public-terror act was threatened.
- The accused intended or knew the threat would terrorize, evacuate, or coerce.
- The threat was communicated in circumstances where it could reasonably be taken seriously.
Does Not Include
- Protected criticism or protest.
- A fictional scenario clearly presented as fiction.
- A private threat against one person without public-terror purpose.
Applies
Sending a credible bomb threat to empty City Hall and force a policy decision.
Does Not Apply
Criticizing the government and advocating lawful political change.
Evidence Considerations
- communications
- device or weapon preparation
- evacuation records
- audience and timing
- identity evidence
Aggravating Factors
- Actual evacuation
- emergency deployment
- possession of means to carry out the threat
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class I Misdemeanor
Stalking
Definition
A person commits stalking when, on at least three separate occasions, they intentionally follow, monitor, contact, approach, or surveil another person after clear notice that the contact is unwanted, causing reasonable fear of injury, confinement, or serious unlawful interference.
Required Elements
- At least three separate acts occurred.
- The accused knew the contact was unwanted.
- The course of conduct caused reasonable fear of listed harm.
- The conduct lacked lawful investigative authority.
Does Not Include
- One unwanted contact.
- Lawful service of process.
- Ordinary public presence without targeting or fear.
Applies
Repeatedly tracking a former associate's home and workplace after being told to stop while making threats.
Does Not Apply
Encountering the same person several times at a shared public business without targeted monitoring.
Evidence Considerations
- message history
- location and time records
- victim statement
- witnesses
- surveillance evidence
Procedure
Prosecutor review is recommended. A contested charge requires judicial determination.
Criminal Offense
Class II Misdemeanor
Harassment
Definition
A person commits harassment when, after clear notice to stop, they repeatedly direct unwanted contact, following, interference, or targeted conduct at another person with the purpose of alarming, tormenting, or substantially disrupting that person, without legitimate purpose.
Required Elements
- The contact or conduct was directed at a specific person.
- Clear notice to stop was given or the conduct was inherently targeted and abusive.
- The conduct was repeated.
- The accused intended alarm, torment, or substantial disruption.
Does Not Include
- One rude statement.
- Good-faith debt collection within law.
- Protected reporting, criticism, or legal process.
Applies
Continuing repeated threatening calls after the recipient clearly withdraws consent to contact.
Does Not Apply
Sending one lawful notice about a contract dispute.
Evidence Considerations
- message and call history
- notice to stop
- victim statement
- witnesses
- purpose and pattern
Procedure
Summary disposition is permitted if admitted; a contested charge proceeds to court.
Criminal Offense
Class II Misdemeanor
Menacing
Definition
A person commits menacing when they intentionally engage in threatening conduct that creates a reasonable fear of bodily injury but does not communicate the imminent threat required for assault.
Required Elements
- The accused engaged in objectively threatening conduct.
- The accused intended or knew the conduct would cause fear.
- The fear of bodily injury was reasonable.
- The threat was not necessarily immediate enough for assault.
Does Not Include
- Unpopular appearance or lawful weapon possession alone.
- Mere insults.
- Conduct not directed at a person.
Applies
Silently following someone at night while repeatedly displaying a weapon after a dispute.
Does Not Apply
Lawfully carrying a holstered weapon without directing conduct at anyone.
Evidence Considerations
- victim statement
- video
- witnesses
- weapon display
- prior communications
Procedure
Summary disposition is permitted if admitted; a contested charge proceeds to court.
Criminal Offense
Class III Felony
Extortion
Definition
A person commits extortion when they intentionally obtain or attempt to obtain property, money, services, advantage, or action by threatening unlawful injury, confinement, property damage, accusation known to be false, exposure of protected information, or abuse of office.
Required Elements
- The accused made a listed unlawful threat.
- The threat sought property, value, advantage, or conduct.
- The accused intended the target to surrender that benefit because of the threat.
Does Not Include
- A lawful demand for payment.
- Negotiating a settlement while reserving lawful remedies.
- Robbery involving immediate physical force, which is charged separately.
Applies
Demanding monthly payment under threat of burning a business.
Does Not Apply
Demanding repayment of a documented loan while threatening only a lawful civil claim.
Evidence Considerations
- communications
- payment records
- victim statement
- threat capability
- business or property records
Aggravating Factors
- Repeated payments
- public-office abuse
- multiple victims
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class III Felony
Blackmail
Definition
A person commits blackmail when they intentionally demand property, value, action, or silence by threatening to reveal private, confidential, embarrassing, or incriminating information they have no lawful duty to disclose for that demand.
Required Elements
- The accused possessed or claimed to possess information about the target.
- Disclosure was threatened.
- The threat was used to demand value, action, or silence.
- The demand lacked lawful authority.
Does Not Include
- Good-faith whistleblowing.
- A lawful subpoena or reporting duty.
- Negotiation concerning one's own privacy rights without demanding unlawful value.
Applies
Demanding a vehicle in exchange for not releasing private financial records.
Does Not Apply
Reporting evidence of corruption to an authorized investigator without demanding personal benefit.
Evidence Considerations
- communications
- information possessed
- demand records
- payment or transfer evidence
- victim statement
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class I Misdemeanor
Interference with Emergency Communication
Definition
A person commits this offense when they intentionally prevent, disable, seize, or destroy another person's reasonable attempt to contact emergency services during an actual or reasonably perceived emergency.
Required Elements
- An actual or reasonably perceived emergency existed.
- Another person attempted or was about to attempt emergency contact.
- The accused knew of that attempt and intentionally interfered.
Does Not Include
- Ending a false or abusive call after lawful warning.
- A network failure not caused by the accused.
- Temporarily taking a device to make the emergency call oneself.
Applies
Taking and smashing a victim's phone while they try to call police during an assault.
Does Not Apply
Taking a phone from a child and immediately calling EMS on the same emergency.
Evidence Considerations
- call and device records
- victim statement
- damaged device
- video
- emergency timeline
Aggravating Factors
- Interference delays treatment
- interference accompanies kidnapping or assault
Procedure
Prosecutor review is recommended. A contested charge requires judicial determination.
Criminal Offense
Class II Felony
Forced Labor
Definition
A person commits forced labor when they intentionally obtain work or services through confinement, violence, serious unlawful threats, confiscation of essential identity documents, or abuse of legal process that prevents meaningful refusal.
Required Elements
- Work or services were obtained or demanded.
- A listed coercive method was used.
- The accused intended or knew the method prevented meaningful refusal.
Does Not Include
- Demanding performance of a valid contract through lawful remedies.
- Ordinary workplace discipline.
- Voluntary work for compensation.
Applies
Keeping workers locked in a warehouse and threatening injury if they stop unloading cargo.
Does Not Apply
Terminating an employee who voluntarily refuses a lawful scheduled shift.
Evidence Considerations
- employment and payment records
- victim statements
- locks or restraints
- communications
- identity-document custody
Aggravating Factors
- Multiple workers
- extended period
- withheld wages
- physical injury
Procedure
Court and prosecutor review required. Pretrial release conditions may be imposed by lawful order.
Criminal Offense
Class I Felony
Trafficking in Persons
Definition
A person commits trafficking in persons when they recruit, transport, transfer, harbor, sell, or receive another person for forced labor, criminal exploitation, hostage use, or unlawful confinement through force, fraud, or coercion.
Required Elements
- The accused performed a listed trafficking act.
- The purpose was forced labor, criminal exploitation, hostage use, or unlawful confinement.
- Force, fraud, or coercion was used or intended.
Does Not Include
- Lawful transportation or employment.
- Smuggling goods without trafficking a person.
- Mere association with an offender.
Applies
Transporting deceived workers to a secured site to be forced into criminal labor.
Does Not Apply
Driving consenting employees to a lawful job site.
Evidence Considerations
- travel and vehicle records
- victim statements
- payment records
- communications
- confinement or coercion evidence
Aggravating Factors
- Multiple victims
- organized enterprise
- critical injury
- sale or repeated transfer
Procedure
Court and prosecutor review required. Detention beyond the judicial hold requires a judicial order.
Title IV4. Offenses Against Property and Premises
Title IV
Defines theft by value and method, robbery, burglary, trespass, damage, arson, and infrastructure sabotage without converting ownership disputes or accidents into crimes.
Theft and Stolen Property
Criminal Offense
Class III Misdemeanor
Minor Theft
Definition
A person commits minor theft when they intentionally take or exercise unauthorized control over property valued at $5,000 or less with purpose to deprive the owner of it.
Required Elements
- Property belonged to or was lawfully possessed by another.
- The accused took or controlled it without authority.
- The value was $5,000 or less.
- The accused intended to deprive the owner.
Does Not Include
- Borrowing with genuine permission.
- A good-faith ownership mistake.
- Finding property and taking reasonable steps to return it.
Applies
Taking a $2,000 tool from a shop intending to keep or sell it.
Does Not Apply
Accidentally picking up an identical phone and returning it when discovered.
Evidence Considerations
- ownership and inventory records
- value evidence
- video
- possession or recovery
- statements
Additional Consequences
- Return or restitution may be ordered.
Procedure
Citation or summary disposition is permitted. Custody requires an independent lawful basis.
Criminal Offense
Class I Misdemeanor
Theft
Definition
A person commits theft when they intentionally take or exercise unauthorized control over property valued from $5,001 through $25,000 with purpose to deprive the owner of it.
Required Elements
- Property belonged to or was lawfully possessed by another.
- Unauthorized taking or control occurred.
- Value was $5,001-$25,000.
- The accused intended deprivation.
Does Not Include
- A civil payment dispute.
- Temporary authorized use.
- Property exceeding $25,000, which is grand theft.
Applies
Stealing business stock valued at $15,000 and hiding it for resale.
Does Not Apply
Keeping goods because a disputed invoice remains unpaid without taking property one does not own.
Evidence Considerations
- ownership and inventory
- valuation
- video
- resale or possession records
- statements
Additional Consequences
- Return or restitution may be ordered.
Procedure
Prosecutor review is recommended. A contested charge requires judicial determination.
Criminal Offense
Class III Felony
Grand Theft
Definition
A person commits grand theft when they intentionally take or exercise unauthorized control over property valued above $25,000 with purpose to deprive the owner of it.
Required Elements
- Property belonged to or was lawfully possessed by another.
- Unauthorized taking or control occurred.
- Value exceeded $25,000.
- The accused intended deprivation.
Does Not Include
- Aggregation of unrelated owners or transactions without common scheme authority.
- Good-faith ownership disputes.
- Vehicle theft, which has a specific section.
Applies
Stealing a shipment worth $80,000 from a warehouse.
Does Not Apply
Disputing ownership of jointly purchased equipment based on documented records.
Evidence Considerations
- ownership and valuation
- inventory and shipment records
- video
- possession or sale
- communications
Aggravating Factors
- Essential public supplies
- abuse of entrusted access
- multiple coordinated takings
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class III Felony
Theft from a Person
Definition
A person commits theft from a person when they intentionally take property directly from another person's body, worn inventory, or immediate physical custody without force or intimidation and with purpose to deprive.
Required Elements
- Property was on the victim or in immediate physical custody.
- The accused took it without force or intimidation.
- The accused intended deprivation.
Does Not Include
- Robbery involving force or intimidation.
- Taking abandoned property.
- Consensual transfer.
Applies
Secretly removing a wallet from another person's carried belongings.
Does Not Apply
Taking money surrendered because of a displayed weapon; that is robbery or armed robbery.
Evidence Considerations
- victim statement
- inventory or transaction records
- video
- recovered property
- witnesses
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class I Misdemeanor
Theft by Deception
Definition
A person commits theft by deception when they intentionally obtain property through a material false statement, concealed material fact, or false promise made with no genuine intent to perform.
Required Elements
- A material deception was made or maintained.
- The victim relied on it when transferring property.
- The accused intended to obtain and deprive through the deception.
Does Not Include
- A failed honest promise.
- Sales opinion or obvious exaggeration.
- A later contract breach without proof of original fraudulent intent.
Applies
Selling a vehicle the accused does not own using fabricated title records.
Does Not Apply
Failing to finish a repair because of an unexpected parts shortage while offering repayment.
Evidence Considerations
- communications and advertisements
- ownership or contract records
- payment records
- false documents
- subsequent use of property
Additional Consequences
- Restitution and disgorgement may be ordered.
Procedure
Prosecutor review is recommended. A contested charge requires judicial determination.
Criminal Offense
Class I Misdemeanor
Theft by Conversion
Definition
A person commits theft by conversion when they lawfully receive possession of property for a limited purpose and later intentionally treat it as their own in a manner substantially inconsistent with the owner's rights.
Required Elements
- Initial possession was lawful and limited.
- The accused later exercised unauthorized ownership-like control.
- The accused intended to deprive or substantially interfere with the owner.
Does Not Include
- Late return without intent to deprive.
- A genuine scope dispute.
- Property originally taken unlawfully, which is ordinary theft.
Applies
Selling a customer vehicle entrusted solely for repair.
Does Not Apply
Returning rented equipment late after promptly communicating and paying the agreed extension.
Evidence Considerations
- entrustment agreement
- ownership records
- sale or transfer records
- communications
- demand for return
Additional Consequences
- Restitution may include supported loss of use.
Procedure
Prosecutor review is recommended. A contested charge requires judicial determination.
Criminal Offense
Class II Misdemeanor
Theft of Services
Definition
A person commits theft of services when they intentionally obtain a priced service through deception, unauthorized bypass, or refusal to pay formed before or during performance.
Required Elements
- A priced service was provided or made available.
- The accused obtained it through deception or bypass, or intended not to pay.
- The provider did not consent to free service.
Does Not Include
- A good-faith billing dispute.
- Inability to pay discovered only after service followed by genuine resolution efforts.
- A free or publicly funded service.
Applies
Ordering repairs while using a false identity and leaving with the vehicle to avoid the agreed bill.
Does Not Apply
Challenging an incorrect invoice while remaining available to resolve it.
Evidence Considerations
- service agreement
- invoice and payment records
- communications
- identity evidence
- video
Procedure
Summary disposition is permitted if admitted; a contested charge proceeds to court.
Criminal Offense
Class I Misdemeanor
Receiving Stolen Property
Definition
A person commits receiving stolen property when they acquire, accept, conceal, transport, or sell property while knowing it is stolen or consciously disregarding clear facts showing that status.
Required Elements
- Property was stolen.
- The accused received, concealed, transported, or sold it.
- The accused knew or recklessly disregarded that it was stolen.
Does Not Include
- Mere possession without proof of knowledge or recklessness.
- Good-faith purchase at an ordinary price with ordinary records.
- Temporary custody for return to the owner or police.
Applies
Buying marked government equipment for a tiny fraction of value after being told it came from a burglary.
Does Not Apply
Buying a used tool with a receipt and no suspicious circumstances.
Evidence Considerations
- original theft record
- possession and transaction
- price and markings
- communications
- efforts to conceal
Aggravating Factors
- Commercial resale
- repeated transactions
- organized theft network
Procedure
Prosecutor review is recommended. A contested charge requires judicial determination.
Criminal Offense
Class II Misdemeanor
Possession of Stolen Property
Definition
A person commits possession of stolen property when they knowingly possess or control property taken through an offense and lack a genuine purpose to return or preserve it for lawful authorities.
Required Elements
- The property was stolen.
- The accused knowingly possessed or controlled it.
- No lawful return or evidence-preservation purpose existed.
Does Not Include
- Mere proximity.
- Possession without knowledge of theft.
- Lawful police evidence custody.
Applies
Hiding a known stolen firearm in a private container for a friend.
Does Not Apply
Finding a vehicle reported stolen and immediately contacting police without using it.
Evidence Considerations
- theft and ownership record
- location and control
- communications
- concealment
- recovery circumstances
Additional Consequences
- The property must be returned or retained as evidence under lawful process.
Procedure
Summary disposition is permitted if admitted; a contested charge proceeds to court.
Criminal Offense
Class II Misdemeanor
Conversion of Lost Property
Definition
A person commits conversion of lost property when they find property with information or circumstances reasonably identifying the owner and intentionally keep, sell, hide, or materially use it without reasonable return efforts.
Required Elements
- The property was lost rather than abandoned.
- The owner was identifiable through available facts.
- The accused intentionally converted it without reasonable return efforts.
Does Not Include
- Truly abandoned property.
- Temporary safekeeping while trying to locate the owner.
- Property with no reasonable identifying information.
Applies
Finding a labeled phone, removing its identity information, and selling it.
Does Not Apply
Taking an unlabeled item to police lost property without using it.
Evidence Considerations
- item markings
- finder conduct
- communications
- sale or use records
- owner report
Procedure
Summary disposition is permitted if admitted; a contested charge proceeds to court.
Criminal Offense
Class III Felony
Cargo Theft
Definition
A person commits cargo theft when they intentionally take, divert, unload, or assume unauthorized control over goods in a commercial, harbor, warehouse, freight, or delivery chain with purpose to deprive the owner or consignee.
Required Elements
- Goods were part of a documented supply or delivery chain.
- The accused took, diverted, or controlled them without authority.
- The accused intended deprivation.
Does Not Include
- A delivery error promptly reported.
- A genuine consignee dispute.
- Ordinary theft unrelated to cargo movement.
Applies
Diverting an Eden Group shipment to a false warehouse for resale.
Does Not Apply
Delivering a container to the wrong marked bay and correcting the error when discovered.
Evidence Considerations
- manifest and order records
- warehouse access
- vehicle tracking
- inventory
- communications
Aggravating Factors
- Government or medical supplies
- organized operation
- high-value shipment
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class III Felony
Theft of Government Property
Definition
A person commits theft of government property when they intentionally take or exercise unauthorized control over property owned or entrusted to an Eden public body with purpose to deprive it.
Required Elements
- The property was owned or entrusted to a public body.
- The accused acted without authority.
- The accused intended deprivation.
Does Not Include
- Authorized departmental issue.
- Temporary emergency use reported promptly.
- A record error without actual taking.
Applies
Removing issued police equipment from inventory for private resale.
Does Not Apply
Using a government radio during an emergency under direct authorization.
Evidence Considerations
- asset and issuance records
- access logs
- possession or sale
- video
- communications
Aggravating Factors
- Restricted equipment
- public-safety impairment
- abuse of office
Additional Consequences
- Office or certification consequences require separate authority.
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Robbery
Criminal Offense
Class III Felony
Robbery
Definition
A person commits robbery when they intentionally take or attempt to take property from another person's presence through immediate unlawful force or intimidation, with purpose to deprive.
Required Elements
- Property was in the victim's presence or immediate control.
- The accused used or threatened immediate unlawful force.
- The force or intimidation facilitated taking or retention.
- The accused intended deprivation.
Does Not Include
- Secret theft without force.
- A future threat used for payment, which may be extortion.
- Lawful repossession through authorized process.
Applies
Shoving a cashier and taking the register money.
Does Not Apply
Secretly taking cash from an unattended counter.
Evidence Considerations
- victim and witness statements
- video
- injury evidence
- property and recovery
- communications
Aggravating Factors
- Multiple victims
- injury
- organized planning
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class II Felony
Armed Robbery
Definition
A person commits armed robbery when they commit robbery while using, displaying, or representing immediate possession of a deadly weapon to compel surrender or overcome resistance.
Required Elements
- Every element of robbery is proven.
- A deadly weapon was used or displayed, or the accused represented immediate possession of one.
- The weapon conduct facilitated the taking or attempted taking.
Does Not Include
- A concealed weapon never used or communicated.
- Theft without force or intimidation.
- Extortion based on future harm.
Applies
Displaying a shotgun and demanding money from a bank teller.
Does Not Apply
Carrying a lawfully holstered pistol while secretly shoplifting without using it to threaten.
Evidence Considerations
- weapon or representation
- victim statements
- video
- property and proceeds
- communications
Aggravating Factors
- Hostages
- discharge of weapon
- critical injury
- multiple armed participants
Procedure
Court and prosecutor review required. Pretrial release conditions may be imposed by lawful order.
Criminal Offense
Class I Felony
Aggravated Robbery
Definition
A person commits aggravated robbery when they commit robbery or armed robbery and cause critical incapacitation, take hostages, target a financial institution or critical public facility, or commit the offense as part of a coordinated enterprise involving three or more participants.
Required Elements
- Every element of robbery or armed robbery is proven.
- At least one listed aggravating circumstance existed.
- The accused knew the facts creating that circumstance.
Does Not Include
- An ordinary robbery without a listed aggravator.
- Presence near a coordinated robbery without proven participation.
Applies
A four-person armed bank robbery using hostages and causing critical injury.
Does Not Apply
A single unarmed street robbery with no critical injury or listed target.
Evidence Considerations
- all robbery evidence
- medical record
- hostage and participant records
- institution records
- coordination communications
Procedure
Court and prosecutor review required. Detention beyond the judicial hold requires a judicial order.
Burglary, Entry, and Trespass
Criminal Offense
Class III Felony
Burglary
Definition
A person commits burglary when they knowingly enter or remain in a building, secured room, business, residence, or defined premises without authority and with intent to commit an offense inside.
Required Elements
- The accused entered or remained in protected premises.
- Entry or remaining was unauthorized.
- At that time the accused intended to commit an offense inside.
Does Not Include
- Trespass without criminal intent inside.
- Entry under valid consent.
- A later spontaneous offense where entry was lawful and no unlawful remaining occurred.
Applies
Breaking into a warehouse intending to steal inventory.
Does Not Apply
Entering an open shop during business hours and later arguing with an employee without prior criminal intent.
Evidence Considerations
- entry and access evidence
- tools
- planning or communications
- inside conduct
- video
Aggravating Factors
- Occupied residence
- night entry
- organized entry
- substantial damage
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class II Felony
Aggravated Burglary
Definition
A person commits aggravated burglary when they commit burglary while armed, against an occupied residence, by explosive or major forced entry, or with intent to commit a Class II Felony or more serious offense inside.
Required Elements
- Every element of burglary is proven.
- At least one listed aggravating circumstance existed.
- The accused knew the relevant circumstance or intended the serious inside offense.
Does Not Include
- Ordinary burglary without an aggravator.
- Lawful armed entry by public safety under valid authority.
Applies
Entering an occupied home with a firearm intending to kidnap the resident.
Does Not Apply
Breaking into an empty shed to commit minor theft without weapon or major force.
Evidence Considerations
- all burglary evidence
- occupancy
- weapons or explosives
- intended-offense evidence
- damage
Aggravating Factors
- Multiple occupants
- injury
- critical public premises
Procedure
Court and prosecutor review required. Pretrial release conditions may be imposed by lawful order.
Criminal Offense
Class II Misdemeanor
Unlawful Entry
Definition
A person commits unlawful entry when they knowingly enter or remain in a nonpublic building, room, vehicle, or secured premises without authority, but no intent to commit an additional offense inside is proven.
Required Elements
- The location was nonpublic or secured.
- The accused entered or remained.
- The accused knew authority was absent.
Does Not Include
- Accidental entry followed by prompt departure.
- Entry into an area reasonably appearing open to the public.
- Burglary with intent to commit an offense inside.
Applies
Entering a locked employee-only office after being clearly denied access.
Does Not Apply
Walking through an unmarked open doorway reasonably believed to be public and leaving when corrected.
Evidence Considerations
- signage and locks
- access records
- warnings
- video
- witnesses
Procedure
Summary disposition is permitted if admitted; a contested charge proceeds to court.
Criminal Offense
Class III Misdemeanor
Criminal Trespass
Definition
A person commits criminal trespass when they knowingly enter or remain on clearly marked, fenced, occupied, or personally controlled land after notice that entry is forbidden or permission is withdrawn.
Required Elements
- The property boundary or control was reasonably clear.
- Notice against entry or continued presence was given.
- The accused knowingly entered or remained without authority.
Does Not Include
- Public streets and generally open spaces.
- Unclear boundaries without notice.
- A person leaving within a reasonable time after permission is withdrawn.
Applies
Remaining in a fenced private yard after the owner directs the person to leave.
Does Not Apply
Crossing an unmarked open area with no reason to know it is restricted.
Evidence Considerations
- property record
- signage or fencing
- notice to leave
- video
- witnesses
Procedure
Citation or summary disposition is permitted. Custody requires an independent lawful basis.
Criminal Offense
Class I Misdemeanor
Aggravated Trespass
Definition
A person commits aggravated trespass when they commit criminal trespass while armed, after repeated prior notice, at protected infrastructure, or with intent to intimidate an occupant.
Required Elements
- Every element of criminal trespass is proven.
- At least one listed aggravating circumstance existed.
- The accused knew the relevant circumstance.
Does Not Include
- Lawful weapon possession unrelated to the trespass and not brought into a specially prohibited location unless the statute expressly applies.
- A first ordinary trespass.
Applies
Returning armed to a victim's fenced residence after multiple no-trespass notices to intimidate them.
Does Not Apply
Accidentally entering marked land and immediately leaving when told.
Evidence Considerations
- all trespass evidence
- weapon and purpose
- prior notices
- location status
- communications
Procedure
Prosecutor review is recommended. A contested charge requires judicial determination.
Criminal Offense
Class III Felony
Looting
Definition
A person commits looting when, during an emergency, evacuation, riot, disaster, or disabled-security condition, they intentionally take property from affected premises by exploiting the reduced protection.
Required Elements
- A listed emergency or disabled-security condition existed.
- The accused intentionally took property without authority.
- The accused exploited the condition to facilitate the taking.
Does Not Include
- Emergency rescue of property for safekeeping and prompt reporting.
- Ordinary theft unrelated to the emergency.
- Authorized salvage.
Applies
Taking stock from evacuated businesses during a city emergency because alarms are disabled.
Does Not Apply
Moving a neighbor's vehicle away from a fire and immediately reporting its location.
Evidence Considerations
- emergency timeline
- ownership and inventory
- video
- possession
- communications
Aggravating Factors
- Essential supplies
- occupied premises
- organized group
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Damage, Arson, and Sabotage
Criminal Offense
Class II Misdemeanor
Criminal Damage
Definition
A person commits criminal damage when they intentionally damage another's property, or recklessly cause damage exceeding ordinary wear, without authority or justification.
Required Elements
- Property belonged to another or was held for another.
- The accused caused physical or supported functional damage.
- The accused acted intentionally or recklessly.
- Authority and justification were absent.
Does Not Include
- Ordinary wear.
- Accidental minor damage without recklessness.
- Authorized modification or repair.
Applies
Intentionally smashing a business window during an argument.
Does Not Apply
A minor scrape during careful lawful parking.
Evidence Considerations
- ownership
- before-and-after condition
- repair value
- video
- statements
Procedure
Summary disposition is permitted if admitted; a contested charge proceeds to court.
Criminal Offense
Class III Felony
Aggravated Criminal Damage
Definition
A person commits aggravated criminal damage when criminal damage exceeds $25,000, disables a public-safety function, affects multiple owners, or creates a substantial risk of severe bodily injury.
Required Elements
- Every element of criminal damage is proven.
- At least one listed aggravating result or risk existed.
- The accused intended the damage or recklessly disregarded that result or risk.
Does Not Include
- Ordinary lower-value damage.
- A service interruption caused solely by technical failure.
Applies
Destroying an ambulance engine and disabling emergency response.
Does Not Apply
Breaking a low-value decorative item without broader risk.
Evidence Considerations
- repair and valuation
- service impact
- technical record
- video
- risk evidence
Aggravating Factors
- Emergency-service target
- extended outage
- multiple affected properties
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class III Misdemeanor
Vandalism
Definition
A person commits vandalism when they intentionally mark, deface, alter, soil, or damage the appearance of property without authority and the harm does not satisfy a more serious damage offense.
Required Elements
- The accused intentionally altered or defaced property.
- The property belonged to or was controlled by another.
- Authority was absent.
Does Not Include
- Authorized art or signage.
- Temporary harmless expression leaving no meaningful alteration.
- Serious structural or financial damage charged elsewhere.
Applies
Spray-painting a business wall without permission.
Does Not Apply
Posting an authorized event notice on a designated public board.
Evidence Considerations
- property authority
- video
- materials
- witnesses
- cleanup record
Procedure
Citation or summary disposition is permitted. Custody requires an independent lawful basis.
Criminal Offense
Class II Felony
Arson
Definition
A person commits arson when they intentionally start or spread a fire, or recklessly use fire, causing substantial damage to a building, vehicle, inventory, or occupied property without authority.
Required Elements
- The accused started, spread, or recklessly controlled a fire.
- The fire caused substantial property damage.
- The accused acted intentionally or recklessly.
- The burning lacked authority or justification.
Does Not Include
- A controlled authorized fire.
- An accidental fire without recklessness.
- Minor scorching with no substantial damage.
Applies
Setting fire to a competitor's warehouse to destroy stock.
Does Not Apply
A properly contained permitted fire that spreads because of an unforeseeable event despite reasonable care.
Evidence Considerations
- fire origin
- fuel or ignition items
- damage record
- video
- motive and communications
Aggravating Factors
- Occupied premises
- emergency-response obstruction
- multiple structures
Procedure
Court and prosecutor review required. Pretrial release conditions may be imposed by lawful order.
Criminal Offense
Class I Felony
Aggravated Arson
Definition
A person commits aggravated arson when they commit arson against occupied premises, a hospital, corrections facility, public-safety station, critical infrastructure, or under circumstances creating a substantial risk of death.
Required Elements
- Every element of arson is proven.
- A listed protected target or substantial death risk existed.
- The accused knew the relevant circumstance or risk.
Does Not Include
- Arson of an empty noncritical object without death risk.
- Fire used lawfully by emergency services.
Applies
Setting fire to an occupied hospital wing to destroy evidence.
Does Not Apply
Burning an abandoned low-value object in isolation without a listed circumstance; that may be another offense.
Evidence Considerations
- all arson evidence
- occupancy and target status
- risk modeling
- emergency records
- planning
Procedure
Court and prosecutor review required. Detention beyond the judicial hold requires a judicial order.
Criminal Offense
Class I Felony
Sabotage of Critical Infrastructure
Definition
A person commits critical-infrastructure sabotage when they intentionally damage, disable, corrupt, obstruct, or seize a system designated for power, communications, water, transport, emergency response, government continuity, banking, or essential supply, causing substantial disruption.
Required Elements
- The target was designated or objectively functioning as critical infrastructure.
- The accused intentionally damaged, disabled, obstructed, or seized it.
- Substantial disruption resulted or was intended.
- Authority was absent.
Does Not Include
- Lawful maintenance.
- A brief ordinary outage.
- Noncritical property damage without substantial disruption.
Applies
Disabling the city communications network to prevent emergency dispatch during a coordinated attack.
Does Not Apply
Restarting an authorized server during scheduled maintenance.
Evidence Considerations
- system and outage logs
- access records
- technical evidence
- communications
- operational impact
Aggravating Factors
- Threat to life
- emergency duration
- terrorism purpose
- multiple systems
Procedure
Court and prosecutor review required. Detention beyond the judicial hold requires a judicial order.
Criminal Offense
Class III Felony
Utility Tampering
Definition
A person commits utility tampering when they intentionally bypass, divert, disconnect, alter, or interfere with an authorized utility, fuel, power, water, or communications connection without authority to obtain service, deny service, or conceal use.
Required Elements
- An authorized utility or connection existed.
- The accused intentionally altered or bypassed it.
- The purpose was unauthorized use, denial, or concealment.
Does Not Include
- Authorized repair.
- An accidental disconnection.
- A customer using ordinary controls within their agreement.
Applies
Bypassing a commercial power meter to avoid charges and conceal heavy use.
Does Not Apply
Resetting one's own authorized breaker after an ordinary trip.
Evidence Considerations
- meter and system records
- physical connection
- billing history
- access evidence
- technical inspection
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class II Misdemeanor
Unauthorized Use of Property
Definition
A person commits unauthorized use when they knowingly use another person's property without consent for a temporary purpose while lacking the intent to permanently deprive required for theft.
Required Elements
- The property belonged to or was controlled by another.
- The accused knowingly used it without authority.
- The intended deprivation was temporary rather than permanent.
Does Not Include
- Authorized borrowing.
- Emergency use reasonably necessary to prevent greater harm and promptly reported.
- Permanent deprivation, which is theft.
Applies
Taking a business forklift for an unauthorized personal trip and returning it later.
Does Not Apply
Moving a vehicle a few meters to clear an active emergency after notifying the owner or police.
Evidence Considerations
- ownership and access
- use timeline
- video
- communications
- condition on return
Procedure
Summary disposition is permitted if admitted; a contested charge proceeds to court.
Title V5. Public Order and Emergency Services
Title V
Protects public access, emergency systems, responders, and evacuation without criminalizing peaceful assembly, criticism, ordinary noise, or refusal to surrender legal rights.
Public Order
Criminal Offense
Class III Misdemeanor
Disorderly Conduct
Definition
A person commits disorderly conduct when, in a public place, they intentionally or recklessly fight, make credible immediate threats, block ordinary access after warning, or create sustained unreasonable disruption that prevents normal use of the place.
Required Elements
- The conduct occurred in a public or publicly accessible place.
- The conduct matched a listed category.
- The accused acted intentionally, knowingly, or recklessly.
- A reasonable warning was given where the conduct was curable.
Does Not Include
- Mere profanity or criticism.
- Peaceful protest.
- Brief ordinary noise or inconvenience.
Applies
Continuing a physical fight in a crowded lobby after repeated lawful directions to stop.
Does Not Apply
Speaking loudly at a peaceful rally without blocking or threatening anyone.
Evidence Considerations
- video
- witnesses
- warnings
- access impact
- incident duration
Procedure
Citation or summary disposition is permitted. Custody requires an independent lawful basis.
Criminal Offense
Class V Violation
Public Nuisance
Definition
A person commits public nuisance when they knowingly maintain an unauthorized obstruction, hazardous condition, or repeated interference affecting public use of a road, facility, service, or shared place after reasonable notice to correct it.
Required Elements
- A public use or service was materially affected.
- The accused controlled or maintained the condition.
- Reasonable notice and opportunity to correct were provided.
- The accused knowingly failed to correct it.
Does Not Include
- A temporary unavoidable obstruction.
- A permitted event.
- A condition outside the accused's control.
Applies
Leaving business stock across a public entrance for hours after being ordered to clear it.
Does Not Apply
Stopping briefly to load an injured passenger where no safer option exists.
Evidence Considerations
- notice
- control of condition
- video
- duration
- public impact
Procedure
Citation eligible. A contested charge receives summary judicial review.
Criminal Offense
Class III Felony
Riot
Definition
A person commits riot when, acting with at least two other participants, they intentionally engage in coordinated violence or substantial property destruction that creates a present danger to persons or public order.
Required Elements
- At least three participants engaged in coordinated conduct.
- Violence or substantial property destruction occurred.
- The accused intentionally participated in that conduct.
Does Not Include
- Peaceful assembly.
- Presence near a riot without participation.
- Independent uncoordinated misconduct.
Applies
Joining a coordinated group that attacks people and destroys storefronts.
Does Not Apply
Remaining nearby to record events without aiding violence or destruction.
Evidence Considerations
- video
- participant communications
- individual acts
- damage and injury
- witnesses
Aggravating Factors
- Weapons
- critical injury
- emergency-service target
- organized planning
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class II Misdemeanor
Unlawful Assembly
Definition
A person commits unlawful assembly when, with at least two others, they remain gathered with a shared and immediate purpose to commit violence or substantial property destruction after a clear lawful order and reasonable opportunity to disperse.
Required Elements
- At least three persons shared an immediate unlawful purpose.
- The accused knew of that purpose.
- A clear lawful dispersal order was given.
- A reasonable opportunity to leave was provided and the accused intentionally remained.
Does Not Include
- Peaceful or unpopular assembly.
- Failure to hear or understand the order.
- Remaining solely because safe exit is blocked.
Applies
Remaining with an armed group preparing to attack a government building after a clear dispersal order and open exit route.
Does Not Apply
Attending a loud but peaceful protest with no shared purpose of violence.
Evidence Considerations
- order and warning record
- video
- communications
- weapons or preparation
- exit opportunity
Procedure
Summary disposition is permitted if admitted; a contested charge proceeds to court.
Criminal Offense
Class III Misdemeanor
Failure to Obey a Lawful Dispersal Order
Definition
A person commits this offense when they knowingly remain in a defined dangerous or unlawful area after an authorized official gives a clear lawful order to leave, states the reason, and provides a safe reasonable opportunity to comply.
Required Elements
- An authorized official gave the order.
- The area and reason were clear.
- The accused heard or knew of the order.
- Safe reasonable compliance was possible.
- The accused knowingly remained.
Does Not Include
- An unlawful or unexplained order.
- Inability to leave safely.
- A person outside the defined area.
Applies
Remaining inside an active armed standoff perimeter after repeated clear directions and an available exit.
Does Not Apply
Refusing a vague command to leave an entire city with no stated authority or boundary.
Evidence Considerations
- bodycam or announcement
- authority and reason
- map or boundary
- time to comply
- conduct after order
Procedure
Citation or summary disposition is permitted. Custody requires an independent lawful basis.
Criminal Offense
Class I Misdemeanor
False Emergency Report
Definition
A person commits a false emergency report when they knowingly report a fabricated crime, fire, medical emergency, threat, or urgent event to emergency services and cause or intend an emergency response.
Required Elements
- A report was made to an emergency service or authority.
- A material emergency fact was knowingly false.
- The accused intended or knew an emergency response would result.
Does Not Include
- A good-faith mistaken report.
- An uncertain report clearly presented as uncertain.
- A nonemergency complaint.
Applies
Calling 911 with a fabricated active-shooter report to draw police away from a robbery.
Does Not Apply
Reporting suspected gunfire that reasonably sounded real but was later explained.
Evidence Considerations
- call recording and account
- location evidence
- response record
- motive
- communications
Aggravating Factors
- Diversion supporting another offense
- large emergency deployment
- critical injury during response
Procedure
Prosecutor review is recommended. A contested charge requires judicial determination.
Criminal Offense
Class III Misdemeanor
Misuse of Emergency Communications
Definition
A person commits misuse when they repeatedly use an emergency channel for jokes, harassment, nonemergency demands after warning, or intentional interference with genuine calls.
Required Elements
- The channel was designated for emergencies.
- The use was intentionally improper.
- The conduct was repeated or continued after warning, or materially interfered with service.
Does Not Include
- One mistaken call.
- A genuine emergency that proves unfounded.
- A nonemergency request promptly redirected.
Applies
Repeatedly calling dispatch with jokes while genuine callers are waiting.
Does Not Apply
Calling once to ask whether a situation is an emergency and following redirection.
Evidence Considerations
- call records
- warnings
- recordings
- service impact
- identity evidence
Procedure
Citation or summary disposition is permitted. Custody requires an independent lawful basis.
Criminal Offense
Class II Misdemeanor
False Public Alarm
Definition
A person commits false public alarm when they knowingly communicate a fabricated danger to the public or an institution in a manner intended or reasonably likely to cause panic, evacuation, closure, or emergency action.
Required Elements
- A material danger was communicated.
- The accused knew it was false.
- Public panic, evacuation, closure, or emergency action was intended or reasonably likely.
Does Not Include
- Satire clearly understood as satire.
- A good-faith warning.
- A private false report that does not target public reaction.
Applies
Posting a fabricated chemical-leak warning intended to empty the harbor.
Does Not Apply
Sharing an official warning believed genuine after checking its source.
Evidence Considerations
- post or communication
- audience
- evacuation or closure record
- knowledge of falsity
- motive
Procedure
Summary disposition is permitted if admitted; a contested charge proceeds to court.
Emergency Operations
Criminal Offense
Class II Misdemeanor
Obstruction of an Emergency Scene
Definition
A person commits this offense when they intentionally enter, remain in, or physically obstruct a clearly established emergency scene after lawful notice, materially interfering with rescue, treatment, firefighting, evacuation, or safety operations.
Required Elements
- An active emergency scene was clearly established.
- Notice or barriers identified the restriction.
- The accused knowingly entered, remained, or obstructed.
- Material interference resulted.
Does Not Include
- Peaceful observation from a lawful area.
- A victim seeking help.
- Entry authorized by scene command.
Applies
Driving through a marked treatment area and blocking ambulances after being ordered away.
Does Not Apply
Recording from outside the perimeter without interfering.
Evidence Considerations
- scene boundary
- orders and warnings
- video
- response delay
- witnesses
Aggravating Factors
- Critical treatment delayed
- weapon present
- repeated entry
Procedure
Summary disposition is permitted if admitted; a contested charge proceeds to court.
Criminal Offense
Class III Felony
Interference with an Emergency Responder
Definition
A person commits this offense when they intentionally use force, threats, restraint, vehicle obstruction, or equipment interference to prevent an identified emergency responder from performing an active lawful rescue or safety duty.
Required Elements
- The responder was identifiable or the accused knew their role.
- The responder was performing an active lawful emergency duty.
- The accused intentionally used a listed method to prevent or delay it.
Does Not Include
- Peaceful verbal disagreement.
- Lawful refusal of one's own treatment.
- Conduct unrelated to an active emergency duty.
Applies
Holding an EMT at gunpoint to stop treatment of a shooting victim.
Does Not Apply
Asking a paramedic to explain treatment without delaying care.
Evidence Considerations
- bodycam or video
- dispatch and duty record
- threat or force evidence
- equipment condition
- delay
Aggravating Factors
- Critical injury or death results
- deadly weapon
- coordinated obstruction
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class I Misdemeanor
Impersonating an Emergency Responder
Definition
A person commits this offense when they knowingly represent themselves as police, fire, EMS, rescue, or dispatch personnel to obtain compliance, scene access, protected information, equipment, or another reserved authority.
Required Elements
- A false emergency-service identity or authority was represented.
- The accused knew the representation was false.
- The representation sought compliance, access, information, equipment, or authority.
Does Not Include
- Clearly labeled costume or performance.
- Good-faith civilian assistance without claiming official status.
- Accurate former-service disclosure without present authority claim.
Applies
Using a fake police uniform and lights to stop a vehicle and search the driver.
Does Not Apply
Wearing a costume at an announced event without exercising authority.
Evidence Considerations
- credential registry
- uniform and vehicle
- communications
- access or compliance obtained
- witnesses
Aggravating Factors
- Victim detained
- evidence or restricted equipment obtained
- another offense facilitated
Procedure
Prosecutor review is recommended. A contested charge requires judicial determination.
Criminal Offense
Class III Felony
Tampering with Emergency Equipment
Definition
A person commits this offense when they intentionally disable, remove, alter, contaminate, or misuse emergency medical, fire, rescue, dispatch, alarm, or life-safety equipment without authority, creating substantial risk or impairing readiness.
Required Elements
- The item was designated or objectively used for emergency or life-safety work.
- The accused intentionally tampered without authority.
- Substantial risk or operational impairment resulted or was intended.
Does Not Include
- Authorized maintenance.
- Emergency use for its intended purpose.
- Minor contact causing no risk or impairment.
Applies
Removing medical supplies from an ambulance to prevent responders from treating victims.
Does Not Apply
Moving a fire extinguisher during an active fire to use it.
Evidence Considerations
- asset and maintenance record
- access logs
- equipment condition
- response impact
- video
Aggravating Factors
- Active emergency
- critical equipment
- injury caused
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class II Misdemeanor
Violation of an Emergency Evacuation Order
Definition
A person commits this offense when they knowingly remain in or enter an area covered by a valid published or on-scene emergency evacuation order after clear notice and a safe reasonable opportunity to comply.
Required Elements
- A valid evacuation order covered the area.
- The accused knew of the order.
- Safe reasonable compliance was possible.
- The accused knowingly entered or remained without exemption.
Does Not Include
- Authorized responders.
- Inability to leave safely.
- Brief entry reasonably necessary to rescue a person when responders cannot act.
Applies
Reentering a chemical hazard zone after clear warning to recover ordinary property.
Does Not Apply
Remaining because the only exit is blocked by the hazard and immediately requesting rescue.
Evidence Considerations
- order and authority
- notice
- area map
- entry or presence record
- available exit
Procedure
Summary disposition is permitted if admitted; a contested charge proceeds to court.
Criminal Offense
Class I Misdemeanor
Reckless Fire Setting
Definition
A person commits reckless fire setting when they knowingly ignite or maintain an open fire and consciously disregard a substantial risk that it will spread, injure a person, or damage property, even if substantial damage does not occur.
Required Elements
- The accused ignited or controlled the fire.
- A substantial spread, injury, or damage risk existed.
- The accused knew of and consciously disregarded that risk.
Does Not Include
- A properly controlled authorized fire.
- An unforeseen spread despite reasonable precautions.
- Arson causing substantial damage.
Applies
Lighting a large fire beside fuel containers after being warned of the risk.
Does Not Apply
Using a contained approved fire in safe conditions.
Evidence Considerations
- fire origin
- site condition
- warnings
- fuel and weather
- video
Procedure
Prosecutor review is recommended. A contested charge requires judicial determination.
Criminal Offense
Class II Misdemeanor
Unlawful Road or Access Obstruction
Definition
A person commits this offense when they intentionally block a public road, emergency route, entrance, or transport corridor without permit or necessity after clear warning, creating material delay or safety risk.
Required Elements
- A public or emergency access route was blocked.
- The accused controlled or created the obstruction.
- Authority or necessity was absent.
- The accused knowingly continued after warning.
- Material delay or risk resulted.
Does Not Include
- A disabled vehicle with prompt hazard reporting.
- A permitted event.
- Temporary obstruction reasonably necessary during an emergency.
Applies
Parking trucks across the only hospital access road to stop police movement.
Does Not Apply
A vehicle breaking down and being moved as soon as help arrives.
Evidence Considerations
- location and ownership
- warning
- traffic or response impact
- video
- permit records
Aggravating Factors
- Emergency response delayed
- critical route
- coordinated blockade
Procedure
Summary disposition is permitted if admitted; a contested charge proceeds to court.
Criminal Offense
Class I Misdemeanor
Intentional Creation of Public Panic
Definition
A person commits this offense when, without communicating a specific false danger covered elsewhere, they intentionally stage conduct, deploy objects, or manipulate a crowd to create widespread fear and dangerous flight or disorder.
Required Elements
- The accused staged or manipulated conduct directed at a public audience.
- The accused intended widespread fear or disorder.
- The conduct created a substantial risk of injury, dangerous flight, or major disruption.
Does Not Include
- Protected performance clearly identified as such.
- A genuine warning.
- Ordinary controversial speech.
Applies
Staging fake gunfire sounds in a packed event to cause a stampede.
Does Not Apply
Conducting an announced emergency drill with controlled participants.
Evidence Considerations
- video and audio
- planning communications
- crowd response
- injury or disruption record
- identity evidence
Aggravating Factors
- Injury
- emergency diversion
- critical facility
Procedure
Prosecutor review is recommended. A contested charge requires judicial determination.
Title VI6. Offenses Against the Administration of Justice
Title VI
Protects investigations, evidence, witnesses, courts, warrants, and lawful police process while expressly protecting silence, counsel, refusal of consent, and good-faith legal challenges.
Obstruction and Evidence
Criminal Offense
Class III Felony
Obstruction of Justice
Definition
A person commits obstruction of justice when they intentionally use deception, concealment, force, threats, unlawful interference, or abuse of process to materially impede a known investigation, prosecution, court proceeding, or sentence.
Required Elements
- A specific justice process existed or was reasonably imminent.
- The accused knew of that process.
- The accused used a listed obstructive method.
- Material impediment was intended or caused.
Does Not Include
- Remaining silent.
- Requesting counsel.
- Refusing consent to a search.
- Good-faith defense, appeal, journalism, or complaint.
Applies
Hiding a suspect and falsifying records to prevent execution of a known arrest warrant.
Does Not Apply
Declining an officer's request to answer questions and asking for a lawyer.
Evidence Considerations
- case and notice records
- communications
- false or concealed material
- timeline
- witnesses
Aggravating Factors
- Serious underlying felony
- public-office abuse
- evidence permanently lost
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class III Felony
Evidence Tampering
Definition
A person commits evidence tampering when, knowing an investigation or proceeding exists or is reasonably imminent, they intentionally alter, move, conceal, label falsely, substitute, or manipulate potential evidence to impair its truth or availability.
Required Elements
- An investigation or proceeding existed or was reasonably imminent.
- The item or record could reasonably be evidence.
- The accused knew these facts.
- The accused intentionally impaired truth or availability.
Does Not Include
- Lawful evidence handling.
- Ordinary movement before any reason to anticipate a case.
- Good-faith preservation or correction with audit history.
Applies
Wiping a phone after learning police obtained a warrant for its messages.
Does Not Apply
Moving one's lawful property before any crime or investigation is known.
Evidence Considerations
- audit and access logs
- original and altered versions
- case notice
- device or item custody
- communications
Aggravating Factors
- Official evidence custodian
- critical unique evidence
- coordinated tampering
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class III Felony
Destruction of Evidence
Definition
A person commits destruction of evidence when, with the knowledge required for evidence tampering, they intentionally destroy, delete beyond ordinary recovery, consume, or permanently disable potential evidence.
Required Elements
- Every knowledge circumstance of evidence tampering is proven.
- The accused intentionally caused permanent or substantial destruction.
- The purpose was to impair evidence availability or truth.
Does Not Include
- Routine deletion under a neutral retention policy before notice.
- Accidental loss.
- Authorized disposal after lawful case closure.
Applies
Burning clothing used in a robbery after learning detectives are investigating it.
Does Not Apply
An automated system deleting old logs under a published schedule before any case exists.
Evidence Considerations
- deletion or destruction logs
- case notice
- recovery attempts
- witnesses
- motive and communications
Aggravating Factors
- Evidence cannot be reconstructed
- major felony case
- official custodian
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class II Felony
Fabrication of Evidence
Definition
A person commits fabrication of evidence when they intentionally create, plant, alter, or present false material as genuine evidence in order to accuse, exonerate, influence, or mislead an investigation or court.
Required Elements
- Material was false or materially altered.
- The accused knew it was false.
- The accused intended it be treated as genuine evidence.
- The purpose was to influence a justice process.
Does Not Include
- Demonstrative exhibits clearly identified as examples.
- Good-faith interpretation of disputed evidence.
- An immaterial clerical mistake promptly corrected.
Applies
Planting an illegal firearm in a suspect's vehicle and logging it as recovered evidence.
Does Not Apply
Creating a labeled courtroom diagram based on admitted testimony.
Evidence Considerations
- chain of custody
- creation and access logs
- original-source comparison
- communications
- witnesses
Aggravating Factors
- Public official offender
- wrongful detention or conviction
- major felony allegation
Procedure
Court and prosecutor review required. Pretrial release conditions may be imposed by lawful order.
Witnesses, Statements, and Jurors
Criminal Offense
Class II Felony
Witness Tampering
Definition
A person commits witness tampering when they intentionally influence or attempt to influence a witness's testimony, availability, evidence, or cooperation through unlawful benefit, deception, concealment, or instruction to provide false information.
Required Elements
- A person was or was reasonably expected to be a witness.
- The accused knew that status.
- The accused intentionally sought to alter testimony, availability, evidence, or cooperation through a listed improper method.
Does Not Include
- Lawful witness preparation.
- Asking a witness to tell the truth.
- Good-faith contact permitted by court order.
Applies
Paying a witness to claim they did not see a robbery.
Does Not Apply
A lawyer reviewing prior statements and instructing a witness to answer truthfully.
Evidence Considerations
- communications
- payment or benefit
- prior and later statements
- case notice
- witness testimony
Aggravating Factors
- Violence or threat
- multiple witnesses
- public official involvement
Procedure
Court and prosecutor review required. Pretrial release conditions may be imposed by lawful order.
Criminal Offense
Class II Felony
Witness Intimidation
Definition
A person commits witness intimidation when they use or threaten injury, confinement, property damage, exposure, or retaliation to prevent or alter truthful reporting, testimony, evidence production, or cooperation.
Required Elements
- The target was or was reasonably believed to be a witness or reporter.
- A listed unlawful threat or act was used.
- The accused intended to prevent or alter truthful participation.
Does Not Include
- Lawful cross-examination.
- Notice of legitimate consequences for perjury.
- Protected criticism unrelated to cooperation.
Applies
Threatening to burn a witness's business unless they refuse to testify.
Does Not Apply
A prosecutor warning that lying under oath can result in perjury charges.
Evidence Considerations
- communications
- witness status
- threat capability
- property or injury evidence
- case timeline
Aggravating Factors
- Actual injury
- witness disappears
- organized enterprise
Procedure
Court and prosecutor review required. Pretrial release conditions may be imposed by lawful order.
Criminal Offense
Class II Felony
Bribery of a Witness or Juror
Definition
A person commits this offense when they intentionally offer, promise, give, request, or accept value in exchange for false, withheld, altered, or biased testimony, evidence, cooperation, or juror decision.
Required Elements
- Value or a benefit was offered, requested, promised, given, or accepted.
- The exchange concerned testimony, evidence, cooperation, or juror decision.
- The accused intended the improper exchange.
Does Not Include
- Lawful witness expenses.
- Published juror compensation.
- A plea or cooperation agreement authorized by law.
Applies
Offering a juror $50,000 to vote for acquittal regardless of evidence.
Does Not Apply
Reimbursing a witness's documented travel expense through an approved process.
Evidence Considerations
- financial and communication records
- witness or juror status
- agreement evidence
- timing
- testimony
Aggravating Factors
- Judicial officer involved
- verdict affected
- multiple participants
Procedure
Court and prosecutor review required. Pretrial release conditions may be imposed by lawful order.
Criminal Offense
Class III Felony
Perjury
Definition
A person commits perjury when, under a lawful oath or declaration in an official proceeding, they knowingly make a material false statement of fact.
Required Elements
- A lawful oath or declaration applied.
- A factual statement was made.
- The statement was material.
- The accused knew it was false.
Does Not Include
- Mistake, confusion, or failed memory.
- Opinion honestly held.
- An immaterial false statement.
Applies
Knowingly giving a false alibi under oath that could determine guilt.
Does Not Apply
Misremembering an immaterial color detail while otherwise testifying honestly.
Evidence Considerations
- oath and proceeding record
- statement transcript
- contradictory reliable evidence
- materiality
- knowledge evidence
Aggravating Factors
- Wrongful conviction or acquittal risk
- public official witness
- fabricated supporting evidence
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class I Misdemeanor
False Sworn Statement
Definition
A person commits a false sworn statement when they knowingly make a material false factual statement in an affidavit, warrant application, sworn form, or official declaration outside live testimony.
Required Elements
- A lawful sworn or declared document was submitted.
- A material factual statement was false.
- The accused knew it was false.
Does Not Include
- Unsworn casual speech.
- An honest error corrected promptly.
- A disputed legal conclusion.
Applies
Knowingly inventing an informant statement in a sworn search-warrant application.
Does Not Apply
Correcting a mistaken date before the affidavit is relied upon.
Evidence Considerations
- document and signature
- source records
- version history
- materiality
- knowledge evidence
Aggravating Factors
- Warrant or detention obtained
- public official offender
Procedure
Prosecutor review is recommended. A contested charge requires judicial determination.
Criminal Offense
Class I Misdemeanor
False Police Report
Definition
A person commits a false police report when they knowingly provide materially false factual information to police for the purpose of causing investigation, accusation, detention, charge, or diversion.
Required Elements
- Information was provided to police as factual.
- The information was material and false.
- The accused knew it was false.
- The purpose was investigation, accusation, detention, charge, or diversion.
Does Not Include
- Good-faith mistake.
- Refusal to answer.
- Uncertain information clearly described as uncertain.
Applies
Falsely identifying a rival as a robber to cause their arrest.
Does Not Apply
Reporting a person seen fleeing while clearly stating the identification is uncertain.
Evidence Considerations
- report and recording
- contradictory evidence
- motive
- identity and timeline
- communications
Aggravating Factors
- Wrongful detention
- emergency diversion
- fabricated evidence
Procedure
Prosecutor review is recommended. A contested charge requires judicial determination.
Criminal Offense
Class III Felony
Juror Misconduct
Definition
A juror commits misconduct when they knowingly conceal a material conflict, receive unauthorized evidence, communicate secretly about the case, accept an improper benefit, or decide by an unauthorized method rather than the admitted case and instructions.
Required Elements
- The accused was serving as a juror.
- A listed prohibited act occurred.
- The accused knew the act was unauthorized.
- The act risked the fairness or integrity of the proceeding.
Does Not Include
- Good-faith questions asked through the court.
- Ordinary deliberation.
- An immaterial mistake disclosed promptly.
Applies
Secretly researching the defendant's private records and sharing them in deliberations.
Does Not Apply
Asking the judge to clarify an instruction in open court.
Evidence Considerations
- juror communications
- access history
- benefit records
- court instructions
- other juror testimony
Additional Consequences
- The affected proceeding may receive a remedy under court procedure.
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Police and Court Process
Criminal Offense
Class II Misdemeanor
False Identification in Legal Process
Definition
A person commits this offense when, during a lawful identification requirement in booking, citation, licensing, warrant execution, or court process, they knowingly provide another person's identity or a materially fabricated identity.
Required Elements
- A lawful process required identity.
- The accused provided another or fabricated identity.
- The accused knew it was false.
Does Not Include
- Remaining silent where no law requires response.
- Using a lawful registered character name.
- An immaterial spelling error.
Applies
Providing another citizen's ID during lawful booking to shift charges to them.
Does Not Apply
Declining to answer a voluntary street question.
Evidence Considerations
- identity and registry records
- bodycam
- documents
- fingerprint or supported identifier
- statements
Procedure
Summary disposition is permitted if admitted; a contested charge proceeds to court.
Criminal Offense
Class II Misdemeanor
Resisting Lawful Detention
Definition
A person commits this offense when, knowing an officer is imposing a lawful temporary detention, they intentionally use physical force, active struggle, or dangerous flight to defeat it.
Required Elements
- An identifiable officer imposed a detention supported by reasonable suspicion.
- The accused knew of the detention.
- The accused used physical force, active struggle, or dangerous flight.
- The detention was lawful when resistance occurred.
Does Not Include
- Verbal disagreement.
- Remaining silent.
- Refusing consent to search.
- Walking away before any detention is communicated.
Applies
Physically pulling away and running into traffic after an officer clearly announces a lawful detention.
Does Not Apply
Asking why one is being stopped and declining a consensual search.
Evidence Considerations
- bodycam
- stated basis
- conduct and force
- dispatch and scene record
- witnesses
Procedure
Summary disposition is permitted if admitted; a contested charge proceeds to court.
Criminal Offense
Class I Misdemeanor
Resisting Lawful Arrest
Definition
A person commits this offense when, knowing an officer is making a lawful arrest supported by probable cause or warrant, they intentionally use physical force, active struggle, or dangerous flight to prevent custody.
Required Elements
- An identifiable officer made a lawful arrest.
- The accused knew an arrest was being made.
- The accused intentionally used force, active struggle, or dangerous flight to prevent it.
Does Not Include
- Verbal protest.
- Requesting counsel.
- Passive refusal not involving active force where no separate duty applies.
- Resistance to a clearly unlawful private abduction.
Applies
Fighting officers after they announce arrest on a valid warrant.
Does Not Apply
Stating an objection while peacefully submitting to handcuffs.
Evidence Considerations
- bodycam
- warrant or probable cause
- arrest announcement
- force and flight evidence
- medical record
Procedure
Prosecutor review is recommended. A contested charge requires judicial determination.
Criminal Offense
Class III Felony
Obstruction of Warrant Execution
Definition
A person commits this offense when, knowing officers are executing a valid warrant, they intentionally use force, threats, physical barricade, concealment of the named target, or destruction to materially prevent lawful execution.
Required Elements
- A valid warrant was being executed within scope.
- The accused knew that fact.
- The accused used a listed obstructive method.
- Material prevention or delay was intended or caused.
Does Not Include
- Requesting to read the warrant.
- Objecting without interference.
- Refusing consent beyond the warrant's scope.
- Challenging the warrant later in court.
Applies
Barricading a room and hiding the named evidence after officers present a valid warrant.
Does Not Apply
Recording the search and asking officers not to exceed the listed rooms.
Evidence Considerations
- warrant and return
- bodycam
- scope and notice
- barriers or concealment
- timeline
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class III Felony
Harboring a Fugitive
Definition
A person commits harboring when they knowingly provide concealment, a secured hiding place, false records, transport, or material support to prevent execution of a known active arrest or bench warrant.
Required Elements
- A valid active warrant existed.
- The accused knew of it.
- The accused intentionally provided material concealment or support.
- The purpose was to prevent apprehension.
Does Not Include
- Ordinary contact without concealment.
- Providing legal representation.
- Emergency medical care followed by lawful reporting where required.
Applies
Hiding a wanted person in a false-wall room and lying about their presence.
Does Not Apply
Selling ordinary food without knowledge that the buyer is wanted.
Evidence Considerations
- warrant notice
- communications
- location and access
- transport or payment records
- false statements
Aggravating Factors
- Serious underlying felony
- organized safehouse
- weapons supplied
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class III Felony
Aiding Evasion
Definition
A person commits aiding evasion when they knowingly provide a vehicle, route, warning, disguise, false identity, or real-time police information with purpose to help another person escape an active lawful pursuit, detention, or arrest.
Required Elements
- An active lawful pursuit, detention, or arrest existed.
- The accused knew of it.
- The accused provided material assistance.
- The purpose was escape or avoidance.
Does Not Include
- General public reporting of police activity without purpose to aid a specific evasion.
- Transport without knowledge of pursuit.
- Legal advice.
Applies
Using police scanner information to direct a fleeing robbery suspect around roadblocks.
Does Not Apply
Giving a ride to someone without knowing police are pursuing them.
Evidence Considerations
- communications
- vehicle and route
- pursuit record
- relationship and timing
- equipment or disguise
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class II Felony
Retaliation Against a Witness or Reporter
Definition
A person commits retaliation when they intentionally injure, threaten, damage property, terminate unlawfully, or impose an unauthorized penalty because another person reported, testified, produced evidence, or cooperated in a legal process.
Required Elements
- The victim engaged or was believed to engage in protected reporting or cooperation.
- The accused knew or believed that fact.
- A listed harmful act was taken because of it.
Does Not Include
- Lawful discipline based on unrelated documented conduct.
- Good-faith criticism.
- A decision made before and unrelated to cooperation.
Applies
Burning an employee's car because they testified about company fraud.
Does Not Apply
Terminating an employee for documented theft unrelated to their witness role.
Evidence Considerations
- protected activity record
- timing
- communications and motive
- adverse action
- comparison evidence
Aggravating Factors
- Violence
- public official offender
- multiple victims
Procedure
Court and prosecutor review required. Pretrial release conditions may be imposed by lawful order.
Criminal Offense
Class III Felony
Unlawful Disclosure of Protected Case Information
Definition
A person with authorized case access commits this offense when they knowingly disclose sealed, restricted, undercover, witness-protection, informant, or protected investigative information to an unauthorized person without lawful purpose.
Required Elements
- The information was officially protected or access-restricted.
- The accused had access through a trusted role or system.
- The disclosure was knowing and unauthorized.
- No lawful reporting or defense purpose applied.
Does Not Include
- Public records.
- Authorized discovery.
- Protected whistleblowing to an authorized oversight body.
Applies
Giving a criminal organization the sealed identity of a confidential informant.
Does Not Apply
Providing discovery to defense counsel under a court order.
Evidence Considerations
- access and audit logs
- classification or seal order
- communications
- recipient identity
- resulting conduct
Aggravating Factors
- Person endangered
- undercover operation compromised
- payment received
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class I Misdemeanor
Obstruction of Service of Process
Definition
A person commits this offense when they intentionally use force, deception, concealment, or destruction to prevent lawful service of a summons, subpoena, order, or notice on themselves or another person.
Required Elements
- A valid legal process was being served.
- The accused knew or deliberately avoided clear confirmation of it.
- A listed obstructive method was used.
- Prevention of service was intended.
Does Not Include
- Not being present.
- Declining to discuss the case.
- Challenging service after accepting the document.
Applies
Lying that a summoned person does not live there while hiding them inside and destroying the notice.
Does Not Apply
Refusing to answer case questions while accepting the summons.
Evidence Considerations
- process and service attempt
- communications
- location and occupancy
- video
- destroyed document
Procedure
Prosecutor review is recommended. A contested charge requires judicial determination.
Criminal Offense
Class II Misdemeanor
Contempt of Court
Definition
A person commits criminal contempt when, in or directly affecting a court proceeding, they knowingly disobey a clear lawful courtroom order, materially disrupt proceedings after warning, or engage in conduct intended to impair the court's immediate authority.
Required Elements
- A court proceeding or direct court function existed.
- A clear lawful order or warning applied.
- The accused knew it.
- Intentional disobedience or material disruption occurred.
Does Not Include
- Respectful objection.
- Good-faith legal argument.
- Inability to comply.
- Conduct outside court covered by a more specific order-violation offense.
Applies
Continuing to threaten a witness in the courtroom after a direct judicial order to stop.
Does Not Apply
An attorney making and preserving a lawful objection.
Evidence Considerations
- court record
- order and warning
- video or transcript
- ability to comply
- conduct
Procedure
The presiding judge may address immediate courtroom contempt, subject to review and proportionality.
Criminal Offense
Class I Misdemeanor
Violation of a Court Order
Definition
A person commits this offense when they knowingly violate a clear, specific, active court order directed to them and compliance was reasonably possible.
Required Elements
- A valid active order applied to the accused.
- The prohibited or required conduct was clear.
- The accused had notice.
- Compliance was reasonably possible.
- The accused knowingly violated it.
Does Not Include
- Ambiguous orders.
- Conduct outside the order's scope.
- Inability to comply despite reasonable effort.
Applies
Contacting a protected witness after receiving a clear active no-contact order.
Does Not Apply
Entering an area not covered by a vaguely described restriction.
Evidence Considerations
- order and service
- conduct record
- communications
- scope and timing
- ability to comply
Aggravating Factors
- Threat or injury
- repeated violation
- witness or victim target
Procedure
Prosecutor review is recommended. A contested charge requires judicial determination.
Criminal Offense
Class I Misdemeanor
Unauthorized Access to a Case File
Definition
A person commits this offense when they knowingly access, request, copy, or search a restricted police, prosecutor, court, or corrections case file without assigned duty, legal authorization, or valid case purpose.
Required Elements
- The case file was access-restricted.
- The accused accessed or attempted to access it.
- The accused knew authorization or purpose was absent.
Does Not Include
- Public case records.
- Authorized assigned work.
- Access approved for defense, oversight, or court function.
Applies
Using police credentials to inspect a friend's sealed investigation out of curiosity.
Does Not Apply
A prosecutor reviewing a file formally assigned to them.
Evidence Considerations
- system audit log
- role and assignment
- accessed records
- communications
- subsequent disclosure
Aggravating Factors
- Information disclosed
- case compromised
- benefit received
Procedure
Prosecutor review is recommended. A contested charge requires judicial determination.
Criminal Offense
Class I Felony
Prosecutorial Concealment of Material Evidence
Definition
A prosecutor or authorized case representative commits this offense when they knowingly conceal, destroy, or withhold material evidence required to be disclosed to the defense or court, with purpose to affect a charging, release, plea, trial, or sentencing decision.
Required Elements
- The accused had a legal disclosure duty.
- The evidence was material.
- The accused knew of the evidence and duty.
- The accused intentionally concealed, destroyed, or withheld it to affect the case.
Does Not Include
- A good-faith privilege dispute presented to the court.
- Delayed disclosure caused by technical inability and promptly corrected.
- Immaterial undisclosed information.
Applies
Hiding video that clearly contradicts the prosecution's only eyewitness to secure a conviction.
Does Not Apply
Seeking a judicial ruling before disclosing legitimately disputed protected information.
Evidence Considerations
- discovery record
- evidence inventory
- communications
- materiality
- case outcome and audit history
Aggravating Factors
- Wrongful detention or conviction
- evidence destroyed
- repeated practice
Additional Consequences
- Case remedies and office consequences require separate lawful orders.
Procedure
Court and prosecutor review required. Detention beyond the judicial hold requires a judicial order.
Title VII7. Government, Public Office, and Elections
Title VII
Makes public authority accountable through criminal law. Office, rank, uniform, and department membership never create immunity, and official powers remain limited by written Eden authority.
Abuse and Misconduct in Office
Criminal Offense
Class III Felony
Official Misconduct
Definition
A public official commits official misconduct when they knowingly use official authority, access, process, property, or influence for an unauthorized personal, political, criminal, or retaliatory purpose.
Required Elements
- The accused was a public official or exercised official access.
- A specific official power, access, process, property, or influence was used.
- The use was unauthorized.
- The accused intended or knew of the improper purpose.
Does Not Include
- A good-faith mistake within authority.
- A lawful discretionary decision supported by facts.
- Private conduct unrelated to office.
Applies
Using confidential licensing access to benefit a private associate and punish a competitor.
Does Not Apply
Choosing between two lawful policy options after documenting the public reason.
Evidence Considerations
- appointment and authority
- audit logs
- communications
- benefit or adverse action
- policy and decision record
Aggravating Factors
- Substantial public harm
- multiple affected persons
- concealment
- senior entrusted office
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class II Felony
Abuse of Authority
Definition
A public official commits abuse of authority when they knowingly exercise a coercive, investigative, licensing, financial, custodial, or enforcement power they do not possess, or knowingly exceed a clear legal limit, to control or harm another person.
Required Elements
- The accused acted or purported to act under public authority.
- The power was absent or clearly exceeded.
- The accused knew the material facts showing the limit.
- The act was intended to control, benefit, punish, or harm.
Does Not Include
- A reasonable mistake about a genuinely ambiguous boundary presented for review.
- A lawful emergency action within published authority.
- A private disagreement.
Applies
Ordering seizure of a business without any statute, warrant, or authorized proceeding to punish its owner.
Does Not Apply
Temporarily securing a dangerous scene under an express emergency power and documenting it.
Evidence Considerations
- authority and policy
- orders and communications
- affected records
- bodycam or audit trail
- motive
Aggravating Factors
- Detention
- property loss
- rights deprivation
- repeated practice
Procedure
Court and prosecutor review required. Pretrial release conditions may be imposed by lawful order.
Criminal Offense
Class II Felony
Unlawful Detention by a Public Official
Definition
A public official commits this offense when they knowingly detain, arrest, confine, or continue custody of a person without the legal standard, warrant, process, or time authority required by Eden law.
Required Elements
- The accused acted under color of public authority.
- The victim's movement was restrained.
- Required authority or legal standard was absent or had expired.
- The accused knew the facts showing the absence or expiry.
Does Not Include
- A lawful detention based on reasonable suspicion.
- A lawful arrest based on probable cause or warrant.
- A reasonable brief delay caused by an actual safety need.
Applies
Keeping a person locked in holding after the 30-minute judicial hold expires and no order exists.
Does Not Apply
Detaining a person briefly while verifying an articulable armed-threat report.
Evidence Considerations
- custody and time records
- warrant or probable cause record
- bodycam
- orders
- notice of expiry
Aggravating Factors
- Extended duration
- concealment of custody
- coercive interrogation
- retaliatory purpose
Procedure
Court and prosecutor review required. Pretrial release conditions may be imposed by lawful order.
Criminal Offense
Class III Felony
Unlawful Search by a Public Official
Definition
A public official commits this offense when they knowingly search a person, premises, vehicle, container, phone, account, or protected record without consent, warrant, or a specific applicable exception, and without a reasonable good-faith basis for lawful authority.
Required Elements
- A legally protected search occurred.
- The accused acted under public authority.
- Consent, warrant, or specific exception was absent.
- The accused knew the material facts showing authority was absent.
Does Not Include
- A reasonable search under a valid warrant.
- A properly limited search incident to arrest.
- A good-faith legal dispute presented promptly to a court without deliberate disregard.
Applies
Opening and reading a seized phone out of curiosity without consent, warrant, or exigency.
Does Not Apply
Frisking for weapons after articulable facts support a lawful safety concern.
Evidence Considerations
- warrant and consent records
- access logs
- bodycam
- search inventory
- stated basis
Aggravating Factors
- Protected legal or medical records
- search used for personal gain
- evidence fabricated or concealed
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class II Felony
Unlawful Use of Force by a Public Official
Definition
A public official commits this offense when they intentionally, knowingly, or recklessly use force under color of authority that is not objectively necessary and proportionate to a lawful public-safety purpose.
Required Elements
- The accused acted under color of public authority.
- Force was used against a person.
- The force was not objectively necessary and proportionate to a lawful purpose.
- The required mental state is proven.
Does Not Include
- Reasonable force needed for lawful arrest or immediate safety.
- A good-faith tactical choice within the range of reasonable options.
- Accidental contact without recklessness.
Applies
Beating a handcuffed compliant detainee as punishment.
Does Not Apply
Using proportionate control to stop an actively violent arrestee.
Evidence Considerations
- bodycam and video
- medical record
- force report
- witnesses
- threat and resistance evidence
Aggravating Factors
- Restrained victim
- retaliation
- serious injury
- false report afterward
Procedure
Court and prosecutor review required. Pretrial release conditions may be imposed by lawful order.
Criminal Offense
Class I Felony
Unlawful Deadly Force by a Public Official
Definition
A public official commits this offense when they use deadly force under color of authority without a reasonable belief that it is immediately necessary to stop an imminent threat of death or severe bodily injury to another person.
Required Elements
- The accused acted under color of public authority.
- Deadly force was used.
- No objectively reasonable imminent deadly threat justified it.
- The accused acted intentionally, knowingly, or recklessly concerning the absence of necessity.
Does Not Include
- Deadly force reasonably necessary to stop an active imminent deadly threat.
- Force based solely on hindsight where the contemporaneous belief was objectively reasonable.
- Possibility of escape by itself.
Applies
Shooting at a fleeing car solely because the driver displayed a gun earlier and no person is presently threatened.
Does Not Apply
Using deadly force when a suspect is actively firing at civilians.
Evidence Considerations
- bodycam and scene video
- weapon and trajectory
- dispatch and statements
- threat timeline
- medical record
Aggravating Factors
- Victim clearly surrendering or restrained
- report falsification
- multiple victims
Procedure
Court and prosecutor review required. Detention beyond the judicial hold requires a judicial order.
Criminal Offense
Class II Felony
Misuse of Public Funds
Definition
A public official or entrusted custodian commits this offense when they intentionally spend, transfer, pledge, or redirect public money for a private, unauthorized, or concealed purpose.
Required Elements
- The money was public or held for a public purpose.
- The accused had custody, approval, or influence over it.
- The use or transfer was unauthorized.
- The accused intended the improper purpose.
Does Not Include
- A documented good-faith budget error promptly corrected.
- A lawful reallocation within delegated authority.
- A disputed policy expense approved through proper process.
Applies
Routing department funds to a private company secretly owned by the official.
Does Not Apply
Moving funds between approved line items under express emergency authority and recording it.
Evidence Considerations
- budget and ledger
- authorization records
- ownership and benefit
- communications
- audit trail
Aggravating Factors
- Essential public service harmed
- large amount
- concealment or false records
Procedure
Court and prosecutor review required. Pretrial release conditions may be imposed by lawful order.
Criminal Offense
Class III Felony
Unauthorized Use or Disposal of Government Equipment
Definition
A person entrusted with government equipment commits this offense when they knowingly use, transfer, lend, sell, discard, or retain it for an unauthorized private or criminal purpose.
Required Elements
- The item was government-owned or entrusted.
- The accused had custody or access through an official role.
- A listed unauthorized act occurred.
- The accused knew the purpose or disposition was unauthorized.
Does Not Include
- Authorized issue or emergency use.
- A minor return delay promptly reported.
- Loss despite reasonable care and honest reporting.
Applies
Taking an issued department firearm off duty and selling it privately.
Does Not Apply
Using an assigned patrol vehicle for an approved emergency response.
Evidence Considerations
- asset and issuance logs
- return and transfer records
- access
- communications
- possession or sale
Aggravating Factors
- Restricted weapon or vehicle
- criminal use
- false loss report
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class III Felony
Unauthorized Disclosure of Government Information
Definition
A public official commits this offense when they knowingly disclose nonpublic information obtained through office to an unauthorized person for private benefit, retaliation, evasion, market advantage, or interference with government work.
Required Elements
- The information was nonpublic and obtained through office.
- The recipient lacked authorization.
- The disclosure was knowing.
- An improper listed purpose existed.
Does Not Include
- Lawful public-record release.
- Authorized interdepartmental sharing.
- Protected disclosure to an authorized oversight body.
Applies
Giving planned warrant locations to an associate so targets can remove evidence.
Does Not Apply
Providing an approved public budget document to a journalist.
Evidence Considerations
- access and audit logs
- classification and authorization
- communications
- benefit or resulting action
- recipient identity
Aggravating Factors
- Life endangered
- investigation compromised
- payment or benefit
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class III Felony
Falsification of an Official Record
Definition
A person commits this offense when, acting in an official capacity, they knowingly create, alter, certify, omit, or submit materially false information in a government record.
Required Elements
- The record was official or submitted for official reliance.
- A statement or omission was material and false.
- The accused knew it was false.
- Official reliance or effect was intended.
Does Not Include
- Good-faith correction preserving audit history.
- An honestly disputed judgment.
- An immaterial clerical error.
Applies
Changing an arrest timestamp to conceal an expired judicial hold.
Does Not Apply
Correcting a misspelled address while retaining the original version and reason.
Evidence Considerations
- record versions and audit
- source records
- communications
- materiality
- resulting action
Aggravating Factors
- Detention, search, payment, or conviction affected
- repeated falsification
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class I Felony
Fabrication of Official Evidence or Cause
Definition
A public official commits this offense when they intentionally fabricate, plant, or materially falsify evidence, probable cause, reasonable suspicion, or sworn facts to obtain a search, detention, arrest, charge, or conviction.
Required Elements
- The accused acted under public authority.
- Evidence or a legal-cause fact was fabricated or materially falsified.
- The accused knew it was false.
- The purpose was to obtain or support coercive legal action.
Does Not Include
- Reasonable inference from genuine evidence.
- Good-faith factual error promptly disclosed.
- A legal argument rejected by a judge without factual fabrication.
Applies
Planting contraband and claiming it was found during a traffic stop.
Does Not Apply
Making a supported probable-cause argument that a judge ultimately finds insufficient.
Evidence Considerations
- bodycam and scene record
- chain of custody
- sworn applications
- audit and access logs
- contradictory evidence
Aggravating Factors
- Wrongful conviction
- extended detention
- multiple victims
- evidence destroyed to conceal fabrication
Procedure
Court and prosecutor review required. Detention beyond the judicial hold requires a judicial order.
Corruption, Impersonation, and Retaliation
Criminal Offense
Class II Felony
Bribery of a Public Official
Definition
A person commits bribery of a public official when they intentionally offer, promise, give, request, or arrange value in exchange for an official act, omission, access decision, vote, contract, enforcement outcome, or misuse of authority.
Required Elements
- Value or a benefit was offered, promised, given, requested, or arranged.
- The exchange concerned an official action or omission.
- The accused intended the improper exchange.
Does Not Include
- Lawful salary.
- A disclosed lawful campaign contribution not tied to an official act.
- Ordinary public comment or lobbying without personal exchange.
Applies
Offering money to an inspector to ignore a known licensing violation.
Does Not Apply
Paying a published government application fee.
Evidence Considerations
- communications
- payment and benefit records
- official decision
- timing
- witness testimony
Aggravating Factors
- Contract or enforcement result changed
- repeat scheme
- senior office
Procedure
Court and prosecutor review required. Pretrial release conditions may be imposed by lawful order.
Criminal Offense
Class II Felony
Acceptance of an Official Bribe
Definition
A public official commits this offense when they intentionally request, accept, or agree to receive value in exchange for an official act, omission, access decision, vote, contract, enforcement outcome, or misuse of authority.
Required Elements
- The accused held or claimed official influence.
- Value was requested, accepted, or agreed upon.
- The exchange concerned an official act or omission.
- The accused intended the improper exchange.
Does Not Include
- Lawful compensation.
- An authorized gift disclosed and permitted by law.
- A benefit unrelated to official action.
Applies
Accepting cash to approve a procurement contract regardless of merit.
Does Not Apply
Receiving ordinary salary while performing assigned duties.
Evidence Considerations
- payment records
- communications
- decision timeline
- disclosure record
- witnesses
Aggravating Factors
- Public-safety impact
- large value
- concealment through intermediaries
Procedure
Court and prosecutor review required. Pretrial release conditions may be imposed by lawful order.
Criminal Offense
Class I Misdemeanor
Impersonating a Public Official
Definition
A person commits this offense when they knowingly represent themselves as holding a government, judicial, police, corrections, licensing, or regulatory office to obtain compliance, access, information, property, or authority.
Required Elements
- A false public office or authority was represented.
- The accused knew it was false.
- The representation sought compliance, access, information, property, or authority.
Does Not Include
- Clearly fictional performance.
- Accurate former-office disclosure.
- Political advocacy without a claim of present authority.
Applies
Claiming to be a judge and issuing a fake search order to enter a home.
Does Not Apply
Wearing a clearly marked costume in a production without exercising authority.
Evidence Considerations
- credential registry
- documents or uniform
- communications
- compliance or access obtained
- witnesses
Aggravating Factors
- Detention or search
- money obtained
- another felony facilitated
Procedure
Prosecutor review is recommended. A contested charge requires judicial determination.
Criminal Offense
Class II Misdemeanor
Unauthorized Use of Official Insignia or Credentials
Definition
A person commits this offense when they knowingly possess or use counterfeit, stolen, revoked, or unauthorized official credentials, badges, access tokens, uniforms, marked vehicles, or insignia in a manner likely to imply current public authority.
Required Elements
- The item or marking implied official authority.
- The accused knew authorization was absent, revoked, false, or stolen.
- The item was used or possessed for deceptive authority-related use.
Does Not Include
- Clearly retired memorabilia not used to imply authority.
- Authorized issue.
- Costume use clearly disclosed.
Applies
Using a revoked police badge to access a restricted evidence room.
Does Not Apply
Displaying a retired badge in a private collection without claiming authority.
Evidence Considerations
- credential and issuance records
- item markings
- access logs
- communications
- witnesses
Procedure
Summary disposition is permitted if admitted; a contested charge proceeds to court.
Criminal Offense
Class III Felony
Undisclosed Conflict-of-Interest Transaction
Definition
A public official commits this offense when they knowingly participate in, direct, approve, or influence a government transaction in which they or a close controlled entity hold a material financial interest, while intentionally concealing that interest where disclosure or recusal is required.
Required Elements
- A government transaction or decision existed.
- The accused had a material financial interest.
- Disclosure or recusal was required.
- The accused knowingly participated and concealed the interest.
Does Not Include
- A disclosed interest followed by lawful approval from an independent authority.
- An interest too remote to be material under published standards.
- Participation required by law after full disclosure.
Applies
Approving a city lease to a company secretly owned by the official.
Does Not Apply
Disclosing a small ownership interest and fully recusing from the decision.
Evidence Considerations
- ownership and corporate records
- decision record
- disclosure filings
- communications
- financial benefit
Additional Consequences
- Contract or office consequences require separate lawful process.
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class II Felony
Procurement Corruption
Definition
A person commits procurement corruption when they intentionally rig, leak, falsify, divide, steer, or manipulate a government purchase or contract to create an unauthorized advantage, conceal value, defeat competition, or exchange official benefit.
Required Elements
- A government procurement or contract process existed.
- The accused intentionally manipulated a material part of it.
- The purpose was unauthorized advantage, concealment, defeated competition, or improper exchange.
Does Not Include
- A documented sole-source award authorized by law.
- A good-faith scoring disagreement.
- Emergency procurement within published authority.
Applies
Leaking competing bids to a favored vendor and falsifying scores to ensure its selection.
Does Not Apply
Selecting the highest-scoring compliant bid through a documented process.
Evidence Considerations
- bids and scoring
- communications
- ownership and conflict records
- contract payments
- audit log
Aggravating Factors
- Essential supplies
- large public loss
- repeat contracts
Procedure
Court and prosecutor review required. Pretrial release conditions may be imposed by lawful order.
Criminal Offense
Class II Felony
Official Extortion
Definition
A public official commits official extortion when they intentionally obtain or demand property, value, services, or action by threatening misuse of office, unlawful enforcement, licensing harm, detention, disclosure, or denial of a public benefit.
Required Elements
- The accused held or claimed public authority.
- A threat of official misuse or unlawful official harm was made.
- The threat sought value, services, or action.
- The accused intended the target to comply because of the threat.
Does Not Include
- A lawful fine or fee demand.
- A truthful warning of authorized enforcement.
- Ordinary policy negotiation.
Applies
Demanding monthly cash from a business to avoid fabricated inspections and closure.
Does Not Apply
Informing a business of a published penalty and appeal process.
Evidence Considerations
- communications
- official authority
- payment or demand
- enforcement record
- victim statement
Aggravating Factors
- Multiple victims
- detention threat
- ongoing scheme
Procedure
Court and prosecutor review required. Pretrial release conditions may be imposed by lawful order.
Criminal Offense
Class II Felony
Official Retaliation
Definition
A public official commits official retaliation when they use or influence public authority to punish a person because that person exercised a protected right, filed a complaint, reported misconduct, testified, requested counsel, refused consent, or challenged government action.
Required Elements
- The victim engaged in protected conduct.
- The accused knew of it.
- An adverse public action was taken or influenced.
- The protected conduct was a substantial reason for the action.
Does Not Include
- Lawful action based on independent supported facts.
- Good-faith criticism.
- An adverse decision made before and unrelated to protected conduct.
Applies
Ordering repeated baseless stops against someone because they filed an internal complaint.
Does Not Apply
Arresting the complainant later on independently documented probable cause for a new offense.
Evidence Considerations
- protected activity record
- timing and communications
- official action
- comparison cases
- independent cause evidence
Aggravating Factors
- Detention, search, or license harm
- concealment
- multiple officials
Procedure
Court and prosecutor review required. Pretrial release conditions may be imposed by lawful order.
Criminal Offense
Class I Misdemeanor
Criminal Neglect of Public Duty
Definition
A public official commits this offense when a clear written duty necessary to prevent serious harm is activated, the official can reasonably perform it, and they knowingly or through criminal negligence fail to act, causing serious harm or substantial public-safety impairment.
Required Elements
- A clear written duty applied.
- The accused knew or should have known the activating facts.
- Reasonable ability and opportunity to act existed.
- Failure caused serious harm or substantial impairment.
Does Not Include
- Ordinary error.
- A discretionary choice among reasonable options.
- Inability caused by missing resources or greater emergency priority.
Applies
A custodian knowingly leaves a prison gate open despite a clear duty and available ability to secure it, enabling an escape.
Does Not Apply
A responder prioritizes multiple critical calls according to published triage.
Evidence Considerations
- duty and assignment
- notice
- ability and resources
- timeline
- resulting harm
Procedure
Prosecutor review is recommended. A contested charge requires judicial determination.
Government Proceedings and Elections
Criminal Offense
Class I Misdemeanor
Obstruction of a Government Proceeding
Definition
A person commits this offense when they intentionally use force, threats, deception, physical occupation, equipment interference, or unauthorized access to materially prevent a lawful council, licensing, budget, election, hearing, or administrative proceeding.
Required Elements
- A lawful government proceeding was underway or scheduled.
- The accused knew of it.
- A listed obstructive method was used.
- Material prevention or delay was intended or caused.
Does Not Include
- Peaceful protest outside reasonable boundaries.
- Public comment or legal objection.
- Ordinary procedural delay.
Applies
Disabling the voting system and barricading the chamber to stop a lawful council vote.
Does Not Apply
Speaking against the proposal during an authorized public-comment period.
Evidence Considerations
- proceeding record
- video
- access and system logs
- communications
- delay or cancellation
Aggravating Factors
- Violence
- election result affected
- official involvement
Procedure
Prosecutor review is recommended. A contested charge requires judicial determination.
Criminal Offense
Class II Felony
Election Fraud
Definition
A person commits election fraud when they knowingly cast or cause an unauthorized vote, vote more than permitted, falsify voter eligibility, manipulate official totals, or submit a fabricated election record.
Required Elements
- An official Eden election or vote occurred.
- A listed unauthorized or false act occurred.
- The accused knew the act was unauthorized or false.
- The purpose was to affect eligibility, participation, count, or result.
Does Not Include
- Good-faith registration error.
- Lawful proxy or alternate voting expressly authorized.
- A disputed ballot interpreted through published procedure.
Applies
Submitting multiple votes under fabricated identities in a mayoral election.
Does Not Apply
Correcting a registration address before voting under one's valid identity.
Evidence Considerations
- voter registry
- ballot and audit logs
- identity records
- system access
- communications
Aggravating Factors
- Outcome affected
- official offender
- systemic or repeated conduct
Procedure
Court and prosecutor review required. Pretrial release conditions may be imposed by lawful order.
Criminal Offense
Class I Misdemeanor
Vote Buying
Definition
A person commits vote buying when they intentionally offer, give, request, or accept money, property, employment, debt relief, or another personal benefit in exchange for a vote, abstention, candidacy withdrawal, or false election activity.
Required Elements
- A personal benefit was offered, given, requested, or accepted.
- The exchange concerned a vote or listed election act.
- The accused intended the exchange.
Does Not Include
- Published campaign promises of general policy.
- Lawful campaign employment for actual work.
- Ordinary political endorsement.
Applies
Paying citizens $5,000 each to vote for a named candidate.
Does Not Apply
Promising to propose lower taxes as a public policy position.
Evidence Considerations
- communications
- payments and benefits
- voter and campaign records
- witnesses
- timing
Procedure
Prosecutor review is recommended. A contested charge requires judicial determination.
Criminal Offense
Class III Felony
Voter Coercion
Definition
A person commits voter coercion when they use or threaten injury, property damage, unlawful employment action, exposure of protected information, official abuse, or confinement to control another person's vote, abstention, candidacy, or election participation.
Required Elements
- A listed unlawful threat or act was used.
- The target's election conduct was the object.
- The accused intended to control that conduct.
Does Not Include
- Political persuasion.
- Lawful campaign criticism.
- An employer's neutral scheduling rule not aimed at voting.
Applies
Threatening to fire employees unless they vote for the owner's preferred candidate.
Does Not Apply
Urging voters to oppose a candidate through public argument.
Evidence Considerations
- communications
- employment or official authority
- victim statements
- threat capability
- election timeline
Aggravating Factors
- Multiple voters
- official offender
- violence
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class II Felony
Ballot or Election-System Tampering
Definition
A person commits this offense when they intentionally alter, delete, add, conceal, destroy, intercept, or disable an official ballot, vote record, count, election device, or audit trail without authority.
Required Elements
- An official election record or system was involved.
- The accused intentionally performed a listed act.
- Authority was absent.
- The purpose or likely effect was to impair election accuracy, availability, or auditability.
Does Not Include
- Authorized maintenance preserving audit history.
- Good-faith correction through official recount procedure.
- An immaterial technical interruption promptly resolved.
Applies
Deleting valid ballots from the database before certification.
Does Not Apply
Running an authorized recount that records every adjustment.
Evidence Considerations
- system and audit logs
- ballot records
- access credentials
- technical evidence
- communications
Aggravating Factors
- Outcome affected
- audit trail destroyed
- official access abused
Procedure
Court and prosecutor review required. Pretrial release conditions may be imposed by lawful order.
Criminal Offense
Class III Felony
Unlawful Assumption or Exercise of Public Office
Definition
A person commits this offense when they knowingly occupy, direct, vote from, issue orders under, or exercise the reserved powers of a public office without a valid election, appointment, succession, or temporary authorization.
Required Elements
- A recognized public office and reserved power existed.
- The accused lacked valid authority.
- The accused knowingly exercised or attempted to exercise that power.
Does Not Include
- Good-faith temporary continuity action expressly authorized by law.
- Political campaigning.
- Private advocacy using no official power.
Applies
Taking control of a department and issuing binding orders after removal from office.
Does Not Apply
A deputy acting during an authorized temporary absence.
Evidence Considerations
- appointment and removal record
- orders issued
- system access
- communications
- authority publication
Additional Consequences
- Orders issued without authority remain subject to separate validity review.
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Title VIII8. Financial, Commercial, and Banking Offenses
Title VIII
Protects accounts, loans, payroll, businesses, taxation, creditors, and market records while distinguishing criminal deception from ordinary loss, business failure, and good-faith contract disputes.
Fraud and False Pretenses
Criminal Offense
Class I Misdemeanor
Fraud
Definition
A person commits fraud when they intentionally obtain property, money, service, access, legal status, or economic advantage through a material deception on which another person or institution reasonably relies.
Required Elements
- A material deception or concealment occurred.
- The accused knew it was false or misleading.
- Reliance caused a transfer, decision, or economic advantage.
- The accused intended that result.
Does Not Include
- Honest mistake.
- Sales opinion or obvious exaggeration.
- Contract breach without proof of original deceptive intent.
Applies
Using fabricated ownership records to obtain payment for property one cannot sell.
Does Not Apply
A business failing after making honest forecasts and disclosing known risk.
Evidence Considerations
- communications and representations
- reliance decision
- payment or benefit
- source records
- intent evidence
Additional Consequences
- Restitution and disgorgement may be ordered.
Procedure
Prosecutor review is recommended. A contested charge requires judicial determination.
Criminal Offense
Class I Misdemeanor
False Pretenses
Definition
A person commits false pretenses when they intentionally obtain title or ownership of property through a material false representation about an existing or past fact.
Required Elements
- A material false representation concerned an existing or past fact.
- The accused knew it was false.
- The owner relied on it and transferred title.
- The accused intended the transfer.
Does Not Include
- A false future promise without evidence of present fraudulent intent.
- Temporary possession without title.
- A good-faith title dispute.
Applies
Claiming a payment already cleared and presenting a forged receipt to receive vehicle title.
Does Not Apply
Honestly promising future payment and later becoming unable to pay.
Evidence Considerations
- title and transfer record
- representation
- payment record
- forged material
- communications
Procedure
Prosecutor review is recommended. A contested charge requires judicial determination.
Criminal Offense
Class II Felony
Bank Fraud
Definition
A person commits bank fraud when they intentionally use deception, unauthorized access, false instruments, identity misuse, or transaction manipulation to obtain bank funds, avoid a lawful debit, alter an account, or expose a bank to material loss.
Required Elements
- A recognized bank, account, or banking process was targeted.
- A listed fraudulent method was used.
- The accused intended unauthorized value, account change, avoided debit, or bank loss.
Does Not Include
- A disputed fee.
- An accidental duplicate transaction promptly reported.
- Authorized testing or correction.
Applies
Using stolen credentials and forged approval to transfer funds from another account.
Does Not Apply
Receiving a duplicate payment and immediately notifying the bank without using it.
Evidence Considerations
- account and transaction logs
- credentials and device access
- identity records
- communications
- fund destination
Aggravating Factors
- Multiple accounts
- government or business account
- large loss
- insider access
Procedure
Court and prosecutor review required. Pretrial release conditions may be imposed by lawful order.
Criminal Offense
Class III Felony
Loan Fraud
Definition
A person commits loan fraud when they knowingly submit or cause material false information, concealed liabilities, false collateral, fabricated income, or identity misuse to obtain, increase, defer, or avoid repayment of a loan.
Required Elements
- A loan or credit decision existed.
- Material information was false or concealed.
- The accused knew this.
- The purpose was to affect approval, terms, draw, deferment, or repayment.
Does Not Include
- An honest estimate.
- A later inability to repay.
- A disclosed risk accepted by the lender.
Applies
Fabricating business revenue and pledging property not owned to obtain a large loan.
Does Not Apply
Defaulting after an unexpected lawful business failure despite accurate application records.
Evidence Considerations
- application and underwriting
- income and ownership records
- communications
- fund use
- repayment conduct
Additional Consequences
- Restitution, collateral orders, and license effects require lawful process.
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class II Felony
Mortgage or Secured-Credit Fraud
Definition
A person commits this offense when they intentionally use false ownership, value, lien, occupancy, title, or collateral information to obtain or manipulate a mortgage or secured credit transaction.
Required Elements
- A mortgage or secured transaction existed.
- A material ownership, value, lien, occupancy, title, or collateral fact was false.
- The accused knew it was false.
- The purpose was to affect credit or security rights.
Does Not Include
- Good-faith valuation disagreement.
- A disclosed existing lien.
- Ordinary default without initial fraud.
Applies
Concealing a prior lien and using a forged title to secure another mortgage.
Does Not Apply
A lender and borrower using different reasonable valuations while disclosing the underlying facts.
Evidence Considerations
- title, lien, and property records
- application
- valuation source
- communications
- fund transfer
Procedure
Court and prosecutor review required. Pretrial release conditions may be imposed by lawful order.
Criminal Offense
Class III Felony
Insurance Fraud
Definition
A person commits insurance fraud when they knowingly submit, create, stage, conceal, or materially exaggerate a loss, injury, ownership interest, or event to obtain insurance payment, coverage, or avoidance of liability.
Required Elements
- An insurance claim, application, or coverage decision existed.
- A material fact or event was false, staged, concealed, or deliberately exaggerated.
- The accused knew this.
- The purpose was payment, coverage, or avoided liability.
Does Not Include
- Good-faith valuation dispute.
- An inaccurate estimate corrected when verified.
- A genuine covered loss.
Applies
Staging a vehicle collision and filing a false total-loss claim.
Does Not Apply
Disputing the repair value of a genuine collision using documented estimates.
Evidence Considerations
- claim and policy
- incident and repair records
- video
- communications
- payment destination
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class II Felony
Investment Fraud
Definition
A person commits investment fraud when they intentionally obtain investment money or property through material lies or concealment concerning ownership, use of funds, returns, risk, existing obligations, or the existence of the venture.
Required Elements
- An investment was offered or obtained.
- A listed material fact was false or concealed.
- The accused knew this.
- The investor relied and transferred value.
Does Not Include
- Disclosed business risk.
- A failed honest investment.
- Optimistic opinion clearly presented as opinion.
Applies
Selling shares in a nonexistent logistics project and using the money personally.
Does Not Apply
A disclosed high-risk venture failing despite funds being used as represented.
Evidence Considerations
- offering and communications
- ownership and business records
- fund flow
- investor statements
- promised versus actual use
Aggravating Factors
- Multiple investors
- large loss
- elder or dependent victim
- repeat scheme
Procedure
Court and prosecutor review required. Pretrial release conditions may be imposed by lawful order.
Criminal Offense
Class III Felony
Wire or Electronic Transfer Fraud
Definition
A person commits wire fraud when they intentionally use a phone, message, network, payment system, or electronic communication to execute or materially advance fraud involving property or money.
Required Elements
- A fraud scheme existed.
- Electronic communication or transfer materially advanced it.
- The accused intentionally used or caused that use.
Does Not Include
- A lawful electronic transaction.
- Communication unrelated to the fraudulent part of a scheme.
- A mistake promptly corrected.
Applies
Sending forged bank instructions to redirect a business payment to the accused's account.
Does Not Apply
Emailing a genuine invoice with an accidental typo later corrected.
Evidence Considerations
- messages and headers
- transaction logs
- account and device access
- underlying fraud evidence
- fund destination
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class I Misdemeanor
Payment Instrument Fraud
Definition
A person commits payment instrument fraud when they knowingly use, create, alter, sell, or possess for use a stolen, forged, revoked, duplicated, or unauthorized payment card, check, token, account credential, or transaction authorization.
Required Elements
- A payment instrument or authorization was invalid, stolen, forged, revoked, duplicated, or unauthorized.
- The accused knew this.
- The accused used it or possessed it for intended use.
Does Not Include
- Possession without knowledge or intended use.
- A declined valid payment.
- Authorized account sharing where permitted.
Applies
Using a copied bank token to buy goods from another person's account.
Does Not Apply
Attempting a valid card that is declined because of a bank error.
Evidence Considerations
- instrument and account record
- transaction
- device and access
- possession
- communications
Additional Consequences
- The instrument may be seized as evidence under lawful authority.
Procedure
Prosecutor review is recommended. A contested charge requires judicial determination.
Criminal Offense
Class III Felony
Identity Fraud
Definition
A person commits identity fraud when they knowingly use another person's identity, citizen record, license, account, signature, or identifying credential to obtain value, access, legal status, or to place liability on that person.
Required Elements
- Another person's identity or identifier was used.
- The accused lacked authority.
- The accused knew the use was unauthorized.
- The purpose was value, access, status, or shifted liability.
Does Not Include
- Lawful authorized representation.
- Mistaken identity without intentional use.
- Use of an approved undercover identity by authorized investigators.
Applies
Opening a loan under another citizen's identity and leaving them responsible for repayment.
Does Not Apply
An attorney signing an authorized filing on behalf of a client with disclosure.
Evidence Considerations
- identity and account records
- application or transaction
- device access
- signature or credentials
- benefit destination
Aggravating Factors
- Multiple identities
- criminal record or debt shifted
- government database access
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Forgery, Currency, and Records
Criminal Offense
Class III Felony
Forgery of Identity or License Document
Definition
A person commits this offense when they intentionally create, alter, reproduce, or materially complete a citizen ID, driver's license, firearm license, business license, professional certification, title, permit, or government credential without authority and with purpose that it be accepted as genuine.
Required Elements
- A listed official identity or license document was created or altered.
- Authority was absent.
- The accused intended it be accepted as genuine.
Does Not Include
- A clearly marked replica.
- An authorized replacement.
- An immaterial alteration incapable of misleading.
Applies
Creating a fake valid firearm license tied to a real citizen identity.
Does Not Apply
Printing a theatrical license marked 'PROP - NOT VALID.'
Evidence Considerations
- document and security features
- registry comparison
- creation device or files
- possession and use
- communications
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class I Misdemeanor
Forgery
Definition
A person commits forgery when they intentionally create, alter, complete, or endorse a written or digital instrument without authority so it falsely appears genuine and has apparent legal, ownership, financial, or evidentiary significance.
Required Elements
- An instrument with apparent legal or financial significance existed.
- It was falsely created or materially altered.
- The accused lacked authority.
- The accused intended it be treated as genuine.
Does Not Include
- A marked draft or replica.
- Authorized correction.
- A document with no apparent ability to affect rights or value.
Applies
Forging an owner's signature on a vehicle transfer document.
Does Not Apply
Creating a clearly labeled sample contract for training.
Evidence Considerations
- instrument and original source
- signature and access
- version metadata
- use or intended use
- communications
Procedure
Prosecutor review is recommended. A contested charge requires judicial determination.
Criminal Offense
Class III Felony
Uttering a Forged Instrument
Definition
A person commits uttering when they knowingly present, submit, publish, transfer, or use a forged instrument as genuine to affect property, money, status, evidence, or legal rights.
Required Elements
- The instrument was forged.
- The accused presented or used it as genuine.
- The accused knew it was forged.
- The purpose was to affect value, status, evidence, or rights.
Does Not Include
- Possession without knowledge or use.
- Submitting a document while openly disputing authenticity.
- Law-enforcement evidence submission identified as suspected forgery.
Applies
Submitting a forged vehicle title to complete a sale.
Does Not Apply
Giving a suspected fake receipt to police while clearly reporting it as suspected evidence.
Evidence Considerations
- forged instrument
- presentation record
- knowledge evidence
- resulting transaction
- communications
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class II Felony
Counterfeiting Currency
Definition
A person commits currency counterfeiting when they intentionally create, reproduce, alter, distribute, or possess for distribution currency or a payment token made to appear valid when it is not.
Required Elements
- The item purported to be recognized currency or payment value.
- It was counterfeit or materially altered.
- The accused created, distributed, or possessed it for distribution.
- The accused knew its status.
Does Not Include
- Clearly marked prop currency.
- Possession without knowledge.
- Authorized testing material not entering circulation.
Applies
Producing fake banknotes and distributing them through several businesses.
Does Not Apply
Using movie money clearly printed as invalid in a private production.
Evidence Considerations
- counterfeit items
- production tools
- distribution and transaction records
- communications
- expert or system comparison
Aggravating Factors
- Large volume
- organized distribution
- banking-system harm
Procedure
Court and prosecutor review required. Pretrial release conditions may be imposed by lawful order.
Criminal Offense
Class III Felony
Fraudulent Business Records
Definition
A person responsible for business records commits this offense when they knowingly create, alter, omit, or maintain materially false accounting, ownership, inventory, employee, tax, safety, or transaction records to obtain benefit or defeat a legal duty.
Required Elements
- The accused controlled or prepared business records.
- A material record was false or materially incomplete.
- The accused knew this.
- The purpose was benefit or avoidance of a legal duty.
Does Not Include
- Good-faith accounting error corrected with audit history.
- A reasonable estimate identified as an estimate.
- An immaterial mistake.
Applies
Creating fake payroll and inventory entries to conceal withdrawals and evade taxes.
Does Not Apply
Correcting a misclassified expense and preserving the original entry.
Evidence Considerations
- record versions and ledger
- source transactions
- communications
- benefit or avoided duty
- audit history
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Entrusted Funds, Laundering, and Taxation
Criminal Offense
Class II Felony
Embezzlement
Definition
A person commits embezzlement when, having lawful access to money or property because of employment, office, agency, or trust, they intentionally convert it for unauthorized personal or third-party use.
Required Elements
- The accused lawfully received access through trust or role.
- The property belonged to or was held for another.
- The accused intentionally converted it without authority.
Does Not Include
- Good-faith expense dispute.
- Authorized compensation.
- Ordinary theft where initial access was unlawful.
Applies
A company accountant transferring customer deposits into a private account.
Does Not Apply
Submitting a documented reimbursable work expense under policy.
Evidence Considerations
- role and access
- ledger and transfers
- authorization policy
- communications
- benefit destination
Aggravating Factors
- Public or client trust
- large amount
- extended scheme
Procedure
Court and prosecutor review required. Pretrial release conditions may be imposed by lawful order.
Criminal Offense
Class III Felony
Misappropriation of Business Funds
Definition
An owner, manager, or authorized employee commits this offense when they intentionally use restricted business, payroll, escrow, tax, client, or creditor funds for a purpose prohibited by the controlling agreement or law, causing material loss or default.
Required Elements
- Funds were held for a defined restricted purpose.
- The accused knew the restriction.
- The accused intentionally diverted the funds.
- Material loss, default, or deprivation resulted.
Does Not Include
- Ordinary use of unrestricted business revenue.
- A documented temporary transfer permitted by agreement.
- A good-faith categorization error promptly corrected.
Applies
Using employee payroll funds to purchase a private vehicle and leaving wages unpaid.
Does Not Apply
Using general business revenue for an authorized expansion.
Evidence Considerations
- account and restriction records
- ledger and transfer
- payroll or client claims
- communications
- personal benefit
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class I Felony
Money Laundering
Definition
A person commits money laundering when they knowingly conduct, structure, conceal, transfer, convert, or use a transaction to disguise the criminal source, ownership, control, location, or movement of proceeds from a felony.
Required Elements
- Property or funds were felony proceeds.
- The accused knew or believed they were criminal proceeds.
- A transaction or concealment act occurred.
- The purpose was to disguise source, ownership, control, location, or movement.
Does Not Include
- Spending proceeds without any concealment purpose where another offense already addresses possession.
- Receiving ordinary payment without knowledge of source.
- Lawful evidence handling.
Applies
Routing robbery proceeds through fake business sales and several accounts to appear legitimate.
Does Not Apply
A store accepting cash from a customer without reason to know it came from crime.
Evidence Considerations
- underlying felony evidence
- account and transaction path
- business records
- communications
- beneficial ownership
Aggravating Factors
- Organized enterprise
- multiple layers or nominees
- public official or bank insider
Procedure
Court and prosecutor review required. Detention beyond the judicial hold requires a judicial order.
Criminal Offense
Class III Felony
Transaction Structuring
Definition
A person commits transaction structuring when they intentionally divide, sequence, route, or disguise related transactions to evade a published reporting, approval, audit, or lawful review requirement tied to criminal proceeds or financial compliance.
Required Elements
- A published reporting, approval, audit, or review threshold applied.
- Related transactions were deliberately divided or disguised.
- The accused intended to evade the requirement.
- The conduct related to criminal proceeds or a financial legal duty.
Does Not Include
- Ordinary separate transactions with independent purposes.
- A structure required by system limits and fully disclosed.
- No published threshold or duty.
Applies
Splitting one criminal cash deposit into many smaller deposits solely to avoid mandatory review.
Does Not Apply
Paying separate legitimate invoices on their individual due dates.
Evidence Considerations
- transaction pattern
- reporting rule
- communications
- fund source
- account relationships
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class III Felony
Tax Evasion
Definition
A person commits tax evasion when they intentionally conceal taxable activity, ownership, income, inventory, payroll, or transactions, or use a sham arrangement, to defeat a published Eden tax that is due.
Required Elements
- A valid published tax duty applied.
- A material taxable fact was concealed or falsely arranged.
- The accused knew the duty and facts.
- The purpose was to defeat or reduce tax unlawfully.
Does Not Include
- Lawful tax planning.
- Good-faith calculation dispute.
- Inability to pay accurately reported.
- No published tax duty.
Applies
Hiding half of business sales through false inventory records to reduce tax.
Does Not Apply
Claiming a published deduction with full supporting records.
Evidence Considerations
- tax publication and filing
- ledger and sales
- ownership
- communications
- bank records
Additional Consequences
- Back tax and lawful penalties may be ordered separately from the criminal fine.
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class I Misdemeanor
Wage Theft
Definition
An employer or responsible manager commits wage theft when they knowingly withhold earned wages, falsify hours, make unauthorized deductions, or retain tips or commissions contrary to a published employment duty.
Required Elements
- An enforceable wage or compensation duty existed.
- Compensation was earned or due.
- The accused knowingly withheld, reduced, or diverted it without authority.
Does Not Include
- Good-faith payroll dispute promptly investigated.
- A lawful deduction.
- A worker not completing the agreed work.
Applies
Deleting recorded hours to avoid paying employees for completed shifts.
Does Not Apply
Correcting a duplicate time entry with supporting logs.
Evidence Considerations
- employment agreement
- time and payroll records
- payments
- communications
- comparison employees
Procedure
Prosecutor review is recommended. A contested charge requires judicial determination.
Criminal Offense
Class III Felony
Payroll Fraud
Definition
A person commits payroll fraud when they knowingly create ghost employees, false hours, false compensation, diverted wages, or fabricated payroll obligations to obtain money, conceal embezzlement, evade duties, or mislead a business or government.
Required Elements
- A payroll system or record was manipulated.
- A material employee, hour, compensation, or payment fact was false.
- The accused knew this.
- The purpose was unauthorized value, concealment, evasion, or deception.
Does Not Include
- Good-faith payroll correction.
- A lawful bonus.
- An immaterial clerical error.
Applies
Creating nonexistent employees and routing their wages to a manager's account.
Does Not Apply
Correcting an employee's recorded hours from source logs.
Evidence Considerations
- employee registry
- time records
- payroll and account destinations
- access audit
- communications
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Business, Credit, and Banking Regulation
Criminal Offense
Class I Misdemeanor
Operating a Regulated Business Without Required License
Definition
A person commits this offense when they knowingly operate, advertise, contract through, or receive revenue from a business activity that a published Eden law expressly requires to hold a current license, while that license is absent, suspended, revoked, or outside scope.
Required Elements
- A published law required a license for the activity.
- The accused operated or held out the activity.
- The required license was absent or invalid.
- The accused knew the material facts.
Does Not Include
- An unregulated activity.
- A pending application without operation.
- Activity within a valid license scope.
Applies
Continuing to issue loans after the business's required lending license is revoked.
Does Not Apply
Planning a future dealership while waiting for approval and making no sales.
Evidence Considerations
- licensing registry
- advertisements and contracts
- revenue and transactions
- notice
- scope of activity
Procedure
Prosecutor review is recommended. A contested charge requires judicial determination.
Criminal Offense
Class II Misdemeanor
Deceptive Trade Practice
Definition
A business operator commits a deceptive trade practice when they knowingly make a material false representation about price, stock, condition, approval, warranty, origin, service, or legal status in a consumer transaction.
Required Elements
- A consumer or customer transaction was offered or completed.
- A listed material representation was false or misleading.
- The accused knew this.
- The representation was capable of affecting the transaction.
Does Not Include
- Obvious advertising opinion.
- A corrected error before reliance.
- A disclosed defect or limitation.
Applies
Advertising a badly damaged vehicle as government-certified and accident-free when records show otherwise.
Does Not Apply
Describing a car as 'the best in Eden' as obvious sales opinion.
Evidence Considerations
- advertisement
- product and history records
- contract and payment
- communications
- inspection evidence
Procedure
Summary disposition is permitted if admitted; a contested charge proceeds to court.
Criminal Offense
Class III Felony
Creditor Fraud
Definition
A debtor or controller commits creditor fraud when they intentionally hide, transfer, destroy, falsely encumber, or misrepresent assets to defeat a lawful existing creditor, judgment, collateral right, or court collection process.
Required Elements
- A lawful creditor, judgment, or collateral right existed.
- The accused controlled relevant assets.
- A listed concealment or transfer act occurred.
- The purpose was to defeat lawful collection or security.
Does Not Include
- Lawful ordinary spending.
- A disputed debt under active review.
- A transaction for fair value made before any creditor right attached and without fraudulent purpose.
Applies
Transferring all collateral to a secret associate after judgment to prevent seizure.
Does Not Apply
Selling inventory at fair value in ordinary business before any default or claim.
Evidence Considerations
- debt and judgment
- asset and transfer records
- beneficial ownership
- timing
- communications
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class II Felony
Bankruptcy or Insolvency Fraud
Definition
A person commits this offense when, in an official insolvency, restructuring, foreclosure, or bankruptcy process recognized by Eden, they knowingly conceal assets, fabricate claims, destroy required records, make false sworn disclosures, or transfer property to defeat the process.
Required Elements
- An official insolvency or related process existed.
- The accused had a disclosure or preservation duty.
- A listed fraudulent act occurred.
- The accused knew and intended to affect the process.
Does Not Include
- Good-faith valuation dispute.
- Lawful exempt property.
- Records lost without criminal fault and promptly disclosed.
Applies
Hiding a warehouse and inventing a fake creditor during bankruptcy review.
Does Not Apply
Disclosing an uncertain asset value and providing the supporting records.
Evidence Considerations
- court and filing record
- asset and creditor records
- transfers
- sworn statements
- audit trail
Procedure
Court and prosecutor review required. Pretrial release conditions may be imposed by lawful order.
Criminal Offense
Class II Felony
Unauthorized Banking or Deposit Taking
Definition
A person commits this offense when they knowingly accept repayable public deposits, operate accounts, issue bank-like payment instruments, or represent a business as an authorized bank without a license expressly required by published Eden law.
Required Elements
- The accused accepted deposits or performed a listed banking function.
- Published law required authorization.
- Authorization was absent or invalid.
- The accused knew the material facts.
Does Not Include
- Ordinary loans from disclosed private funds.
- A business holding customer prepayment under a lawful contract.
- No published licensing requirement.
Applies
Operating unlicensed public checking accounts and using customer deposits for private expenses.
Does Not Apply
A licensed dealership accepting a disclosed vehicle deposit under its contract.
Evidence Considerations
- licensing registry
- account and customer records
- advertisements
- fund flow
- communications
Aggravating Factors
- Customer loss
- large deposit pool
- false government affiliation
Procedure
Court and prosecutor review required. Pretrial release conditions may be imposed by lawful order.
Criminal Offense
Class I Misdemeanor
Criminal Predatory Lending
Definition
A lender commits this offense when they knowingly impose interest, fees, collateral, collection conduct, or repayment terms expressly prohibited by published Eden lending law, or conceal those terms to obtain agreement.
Required Elements
- A valid published lending limit or prohibition applied.
- The accused knowingly imposed or concealed a prohibited term.
- A loan or collection demand was made under that term.
Does Not Include
- High but lawful disclosed interest.
- A negotiated lawful business loan.
- No published limit or prohibition.
Applies
Concealing a prohibited compounding fee and threatening unlawful seizure under it.
Does Not Apply
Offering a higher-interest Eden Group loan that remains within published limits and is fully disclosed.
Evidence Considerations
- loan agreement
- published limit
- payment and fee calculations
- disclosures
- collection communications
Procedure
Prosecutor review is recommended. A contested charge requires judicial determination.
Criminal Offense
Class III Felony
Materially False Financial Statement
Definition
A person commits this offense when they knowingly create, certify, or submit a materially false financial statement to a bank, investor, government, creditor, insurer, or court for official or economic reliance.
Required Elements
- A financial statement was created, certified, or submitted.
- A material figure, ownership fact, liability, or transaction was false or omitted.
- The accused knew this.
- Reliance was intended.
Does Not Include
- Good-faith estimate clearly labeled.
- An immaterial arithmetic error.
- A corrected draft not relied upon.
Applies
Submitting a balance sheet that hides major debt to obtain a government contract.
Does Not Apply
Updating a forecast when new information changes expected revenue.
Evidence Considerations
- statement and source ledger
- liability and ownership records
- version history
- recipient reliance
- communications
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Title IX9. Organized Crime and Public Security
Title IX
Targets proven participation and conduct within criminal enterprises, smuggling networks, terrorism, and mass-harm operations while expressly rejecting guilt by association, reputation, or group membership alone.
Criminal Enterprises
General Provision
No Criminal Liability by Group Association
Rule
Membership, friendship, shared symbols, neighborhood, business contact, family relationship, or presence near an organization does not establish enterprise liability without proof of knowing criminal participation.
Legal Effect
Each accused person's conduct, knowledge, agreement, assistance, or benefit must be proven individually.
Application
- Lawful clubs, businesses, gangs, political groups, and associations are not criminal merely because a member offends.
- Evidence of structure may explain conduct but cannot replace it.
Criminal Offense
Class II Felony
Knowing Participation in a Criminal Enterprise
Definition
A person commits this offense when they knowingly participate in the operation of an ongoing organization whose shared purpose includes repeated Class III Felonies or more serious offenses, and they intentionally advance that criminal purpose through a material act.
Required Elements
- An ongoing organization existed.
- Its shared purpose included repeated serious felonies.
- The accused knew that purpose.
- The accused intentionally performed a material act advancing it.
Does Not Include
- Mere membership or association.
- One isolated offense with no ongoing organization.
- A legitimate business unknowingly used by a customer.
Applies
Managing safehouses and finances for an organization conducting repeated armed robberies.
Does Not Apply
Working at a restaurant that unknowingly serves members of a criminal group.
Evidence Considerations
- organization communications
- repeated offense cases
- role and material acts
- financial or property links
- witnesses
Aggravating Factors
- Violence
- public corruption
- multiple criminal markets
Procedure
Court and prosecutor review required. Pretrial release conditions may be imposed by lawful order.
Criminal Offense
Class I Felony
Leadership of a Criminal Enterprise
Definition
A person commits this offense when, knowing the criminal purpose described in ECC 9-102, they direct, organize, finance, supervise, or control two or more participants in repeated serious felony activity.
Required Elements
- Every enterprise element of ECC 9-102 is proven.
- The accused exercised actual direction, financing, supervision, or control over at least two participants.
- The accused intended the repeated criminal activity.
Does Not Include
- Reputation as a leader without proof of control.
- Managing a legitimate organization unaware of hidden crimes.
- Equal participation in one isolated offense.
Applies
Directing several crews, assigning robbery targets, and controlling proceeds over time.
Does Not Apply
Owning a business where an employee secretly commits theft without management knowledge.
Evidence Considerations
- orders and communications
- financial control
- participant testimony
- repeated case links
- property and role evidence
Aggravating Factors
- Exceptional felonies
- recruitment through coercion
- public-office penetration
Procedure
Court and prosecutor review required. Detention beyond the judicial hold requires a judicial order.
Criminal Offense
Class II Felony
Enterprise Intimidation
Definition
A person commits enterprise intimidation when, for an ongoing criminal enterprise, they intentionally use violence, threats, property damage, or coercion to enforce discipline, collect illicit debt, silence reporting, control territory, or compel participation.
Required Elements
- A criminal enterprise or its claimed interest existed.
- A listed coercive act occurred.
- The accused intended to advance enterprise control, discipline, collection, silence, territory, or participation.
Does Not Include
- Ordinary lawful debt collection.
- A personal dispute unrelated to enterprise purpose.
- Protected association or group expression.
Applies
Assaulting a business owner to enforce an organization's illegal protection payment.
Does Not Apply
A club excluding a member under its lawful private rules without threat or crime.
Evidence Considerations
- communications and organization link
- victim statement
- payment or territory evidence
- injury or damage
- participant testimony
Aggravating Factors
- Multiple victims
- critical injury
- public official target
Procedure
Court and prosecutor review required. Pretrial release conditions may be imposed by lawful order.
Criminal Offense
Class III Felony
Maintaining a Criminal Safehouse
Definition
A person commits this offense when they knowingly control premises primarily used to conceal wanted persons, store proceeds or restricted weapons, plan repeated felonies, hold victims, or evade lawful searches for an ongoing criminal enterprise.
Required Elements
- The accused controlled the premises.
- The premises were primarily or repeatedly used for a listed serious criminal function.
- The accused knew and intended that use.
Does Not Include
- One unknown criminal item left by another.
- Ordinary residence of a person later accused.
- Defense counsel meeting a client lawfully.
Applies
Operating a warehouse dedicated to hiding robbery vehicles, hostages, and proceeds.
Does Not Apply
Renting an apartment to a tenant without knowledge of hidden contraband.
Evidence Considerations
- property and access
- repeated case evidence
- inventory and weapons
- communications
- surveillance or witnesses
Aggravating Factors
- Victims confined
- multiple fugitives
- critical infrastructure target planning
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class II Felony
Trafficking Prohibited Goods
Definition
A person commits this offense when they knowingly import, export, transport, warehouse, or distribute prohibited weapons, controlled substances, stolen cargo, forged currency, or other goods expressly designated for criminal trafficking, as part of a commercial or repeated scheme.
Required Elements
- Goods were criminally prohibited or designated trafficking goods.
- The accused knew their status.
- A commercial, distribution, import, export, warehouse, or repeated transport act occurred.
Does Not Include
- Simple possession without distribution purpose.
- Lawful authorized transport.
- Goods not prohibited by a published law.
Applies
Running repeated harbor shipments of prohibited firearms for resale.
Does Not Apply
Transporting licensed civilian pistols under an authorized dealer manifest.
Evidence Considerations
- manifest and warehouse records
- goods and classification
- communications
- payments
- vehicle and route evidence
Aggravating Factors
- Multiple categories
- government equipment
- organized enterprise
Procedure
Court and prosecutor review required. Pretrial release conditions may be imposed by lawful order.
Criminal Offense
Class II Felony
Use of a Legitimate Business to Advance an Enterprise
Definition
A business controller commits this offense when they knowingly use a licensed or legitimate business as a material front, account, warehouse, transport channel, payroll mechanism, or cover for an ongoing criminal enterprise.
Required Elements
- The accused controlled or materially directed a legitimate business function.
- An ongoing criminal enterprise existed.
- The business function materially advanced or concealed it.
- The accused knew and intended that use.
Does Not Include
- An employee's hidden offense unknown to the business.
- One customer transaction without reason for suspicion.
- Lawful high-risk business activity.
Applies
Using a dealership's inventory and books to hide stolen vehicles and launder robbery proceeds.
Does Not Apply
A delivery company unknowingly carrying a sealed illegal item under a normal manifest.
Evidence Considerations
- business records
- ownership and control
- enterprise communications
- inventory and transactions
- repeated pattern
Additional Consequences
- Business-license or receivership consequences require separate lawful process.
Procedure
Court and prosecutor review required. Pretrial release conditions may be imposed by lawful order.
Terrorism, Mass Harm, and Smuggling
Criminal Offense
Exceptional Felony
Terrorism
Definition
A person commits terrorism when they intentionally commit or attempt mass violence, hostage taking, major infrastructure sabotage, or another Exceptional Felony for the purpose of terrorizing a civilian population, coercing government action, or seriously destabilizing Eden's essential institutions.
Required Elements
- A listed predicate act was committed or attempted.
- The act was intended to cause mass fear, coerce government, or destabilize essential institutions.
- The accused intentionally advanced that purpose.
Does Not Include
- Political belief or protest without a predicate act.
- An ordinary serious felony lacking the public-terror purpose.
- Protected reporting or civil disobedience.
Applies
Bombing a public transport hub to force the government to release prisoners.
Does Not Apply
Committing an armed robbery solely for money without public-terror purpose.
Evidence Considerations
- predicate-offense evidence
- manifesto or communications
- target and victim scope
- planning and materials
- financial support
Aggravating Factors
- Deaths
- multiple sites
- public official complicity
Procedure
Full court process required. Any sentence above 120 minutes must state exceptional findings on the record.
Criminal Offense
Exceptional Felony
Mass-Casualty Attack
Definition
A person commits a mass-casualty attack when they intentionally use weapons, vehicles, explosives, fire, poison, or another deadly method against a public gathering or multiple persons with purpose to kill or critically incapacitate three or more people.
Required Elements
- A deadly method was used or substantially attempted.
- At least three persons were targeted or knowingly placed in the attack zone.
- The accused intended death or critical incapacitation of three or more persons.
Does Not Include
- A fight involving fewer targets.
- Reckless conduct without intent to harm three or more people.
- A justified emergency action.
Applies
Driving an explosive vehicle into a crowded event intending mass death.
Does Not Apply
A reckless single-victim collision without mass-harm intent.
Evidence Considerations
- target and victim evidence
- weapon or device
- planning
- medical and death records
- video and communications
Procedure
Full court process required. Any sentence above 120 minutes must state exceptional findings on the record.
Criminal Offense
Class I Felony
Material Support for Terrorism
Definition
A person commits this offense when they knowingly provide money, weapons, explosives, transport, safehouses, intelligence, communications, or essential services with intent to facilitate a specific terrorism offense or terrorist operation.
Required Elements
- A specific terrorism offense or operation existed or was planned.
- The accused provided material support.
- The accused knew the nature of the operation.
- The accused intended facilitation.
Does Not Include
- Ordinary service without knowledge.
- Legal representation.
- Humanitarian or medical aid not intended to facilitate the offense.
Applies
Supplying explosives and target maps to a known planned City Hall bombing.
Does Not Apply
Treating an injured suspect while reporting the emergency and not aiding the operation.
Evidence Considerations
- support transfer
- communications and knowledge
- predicate plan
- payments
- transport or property records
Aggravating Factors
- Support used in completed attack
- multiple operations
- public official access
Procedure
Court and prosecutor review required. Detention beyond the judicial hold requires a judicial order.
Criminal Offense
Class III Felony
Smuggling
Definition
A person commits smuggling when they knowingly conceal, mislabel, bypass inspection for, or secretly move goods or persons across an Eden-controlled harbor, border, checkpoint, prison perimeter, or restricted transport point to evade a published legal control.
Required Elements
- A published inspection or movement control applied.
- The accused concealed, misrepresented, bypassed, or secretly moved the subject.
- The accused knew and intended evasion.
Does Not Include
- Lawful private travel.
- A manifest error promptly disclosed.
- No published control at the location.
Applies
Hiding prohibited weapons in a false cargo compartment to bypass harbor inspection.
Does Not Apply
Correcting an accidental manifest quantity before inspection concludes.
Evidence Considerations
- manifest and inspection
- concealment method
- goods or persons
- vehicle and route
- communications
Aggravating Factors
- People trafficked
- weapons or explosives
- organized repeated route
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class II Felony
Organized Cargo Diversion
Definition
A person commits organized cargo diversion when, acting with a criminal enterprise or three or more coordinated participants, they intentionally redirect, substitute, seize, or fraudulently receive a documented commercial shipment.
Required Elements
- A documented shipment existed.
- At least three coordinated participants or a criminal enterprise were involved.
- The shipment was intentionally redirected, substituted, seized, or fraudulently received.
- The accused knowingly participated.
Does Not Include
- A delivery error.
- One person's isolated cargo theft.
- A lawful consignee change recorded before delivery.
Applies
Using false dispatch orders and multiple vehicles to reroute an Eden Group shipment to a criminal warehouse.
Does Not Apply
A driver taking one shipment alone without an organization; ordinary cargo theft may apply.
Evidence Considerations
- manifest and dispatch
- participant communications
- vehicle routes
- warehouse and inventory
- payments
Aggravating Factors
- Essential supplies
- government cargo
- violence
Procedure
Court and prosecutor review required. Pretrial release conditions may be imposed by lawful order.
Criminal Offense
Class II Felony
Operating a Criminal Transport Network
Definition
A person commits this offense when they knowingly organize, manage, or repeatedly provide vehicles, routes, drivers, false manifests, or transport infrastructure primarily to move fugitives, trafficking goods, hostages, or criminal proceeds.
Required Elements
- A repeated or organized transport operation existed.
- Its primary criminal purpose involved listed subjects.
- The accused managed or materially provided the network.
- The accused knew and intended the criminal purpose.
Does Not Include
- One unknowing delivery.
- Ordinary transport serving mixed lawful customers.
- Legal defense or medical transport.
Applies
Managing a fleet dedicated to moving stolen weapons, wanted offenders, and robbery proceeds.
Does Not Apply
A taxi unknowingly carrying a passenger who has an unserved warrant.
Evidence Considerations
- vehicle and route pattern
- driver and manager records
- communications
- manifests
- payments and cargo
Aggravating Factors
- Hostages or trafficked persons
- public corruption
- cross-border operation
Procedure
Court and prosecutor review required. Pretrial release conditions may be imposed by lawful order.
Title X10. Weapons, Explosives, and Dangerous Equipment
Title X
Criminalizes misuse, trafficking, prohibited possession, and dangerous handling. The Firearms Act and authorized-equipment publications define what weapons, licenses, and equipment are lawful in the first place.
Firearm Status and Transactions
General Provision
Dependency on Published Weapon Classifications
Rule
No firearm, ammunition, attachment, explosive, or equipment item is prohibited, restricted, license-required, or duty-only unless the Firearms Act or another official publication classifies it.
Legal Effect
Possession or transfer cannot be criminalized from appearance, rarity, or outside law alone.
Application
- The prosecution must identify the controlling classification.
- Pistols and shotguns may receive different treatment from SMGs, rifles, explosives, and public-safety equipment only as published.
Criminal Offense
Class I Misdemeanor
Unlawful Firearm Possession
Definition
A person commits this offense when they knowingly possess or control a firearm that published Eden law requires them to be licensed or authorized to possess, while the required status is absent, expired, suspended, revoked, or outside scope.
Required Elements
- The item was a firearm under published classification.
- A specific license or authorization was required.
- The accused knowingly possessed or controlled it.
- The required status was invalid or absent.
Does Not Include
- Mere proximity.
- Lawful temporary evidence or emergency custody.
- A firearm not requiring the alleged authorization.
Applies
Knowingly carrying a licensed civilian pistol after the person's firearm license has been revoked.
Does Not Apply
Finding a firearm and immediately securing it for surrender to police without using it.
Evidence Considerations
- item classification
- license registry
- possession and control
- notice of status
- circumstances of custody
Additional Consequences
- Seizure, forfeiture, and license consequences require separate authority.
Procedure
Prosecutor review is recommended. A contested charge requires judicial determination.
Criminal Offense
Class III Felony
Possession of a Prohibited Weapon
Definition
A person commits this offense when they knowingly possess or control a weapon, explosive, attachment, or ammunition category expressly designated as prohibited for that person by published Eden law.
Required Elements
- The item was expressly designated prohibited.
- The prohibition applied to the accused.
- The accused knowingly possessed or controlled the item.
Does Not Include
- A restricted item held under valid public or commercial authorization.
- Mere proximity.
- An item not yet classified by published law.
Applies
A civilian knowingly keeping an expressly prohibited automatic weapon without exemption.
Does Not Apply
A certified SWAT officer signing out an approved SMG for an authorized operation.
Evidence Considerations
- item and serial
- classification publication
- authorization registry
- issuance or purchase record
- possession
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class III Felony
Possession by a Prohibited Person
Definition
A person commits this offense when they knowingly possess or control a firearm while subject to an active court order, conviction consequence, license revocation, or statutory status expressly prohibiting possession.
Required Elements
- An active published prohibition applied to the accused.
- The accused had notice or knowledge of the material status.
- The accused knowingly possessed or controlled a firearm.
Does Not Include
- Expired or invalid prohibition.
- Mere presence near another person's secured firearm.
- Temporary emergency custody followed by immediate surrender.
Applies
Keeping a shotgun after receiving and acknowledging a court order prohibiting all firearm possession.
Does Not Apply
Riding in a vehicle where another person's secured firearm is present without control over it.
Evidence Considerations
- court and license records
- notice
- item and location
- control evidence
- communications
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class II Misdemeanor
Unlicensed Public Carry
Definition
A person commits this offense when they knowingly carry a firearm on their person or readily accessible in public where published Eden law requires a current carry authorization that they do not possess.
Required Elements
- The firearm was carried on the person or readily accessible.
- The location was public or covered by the carry requirement.
- A current carry authorization was required and absent.
- The accused knew the material facts.
Does Not Include
- Lawful transport in the manner allowed by the Firearms Act.
- Carry under valid authorization.
- Possession entirely on premises where the requirement does not apply.
Applies
Carrying a loaded pistol in public after a carry permit expires.
Does Not Apply
Transporting an unloaded shotgun secured in a vehicle under an applicable transport rule.
Evidence Considerations
- weapon location and condition
- license registry
- bodycam
- transport method
- notice
Procedure
Summary disposition is permitted if admitted; a contested charge proceeds to court.
Criminal Offense
Class I Misdemeanor
Unlawful Firearm Transfer
Definition
A person commits this offense when they intentionally give, lend, sell, trade, or otherwise transfer a firearm contrary to a published transfer, eligibility, record, or licensed-dealer requirement.
Required Elements
- A firearm was transferred or offered for transfer.
- A published transfer requirement applied.
- The requirement was knowingly violated.
Does Not Include
- A lawful recorded transfer.
- Temporary emergency surrender to police.
- Handling under direct authorized supervision without transfer of control.
Applies
Privately selling a pistol to a person known to have a revoked license without required records.
Does Not Apply
Handing a firearm to an armory custodian for authorized return.
Evidence Considerations
- item and serial
- transfer and payment record
- license status
- communications
- possession before and after
Procedure
Prosecutor review is recommended. A contested charge requires judicial determination.
Criminal Offense
Class III Felony
Unlawful Firearm Sale
Definition
A person commits this offense when they knowingly conduct a firearm sale as an unlicensed seller where dealer authorization is expressly required, omit mandatory records, or sell an item outside the seller's approved category.
Required Elements
- A firearm sale or commercial offer occurred.
- A published dealer, record, or category requirement applied.
- The accused knowingly lacked or exceeded authorization.
Does Not Include
- A lawful occasional transfer expressly permitted.
- A licensed sale within scope and record requirements.
- A nonfirearm item.
Applies
Operating a repeated unlicensed firearm storefront with no buyer checks or serial records.
Does Not Apply
A licensed dealer selling an approved shotgun after verifying the buyer and recording the transfer.
Evidence Considerations
- dealer registry
- sales and payment
- serial and inventory
- advertisements
- buyer records
Aggravating Factors
- Prohibited buyers
- prohibited weapons
- repeated commercial sales
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class II Felony
Weapons Trafficking
Definition
A person commits weapons trafficking when they knowingly import, export, warehouse, transport, or distribute firearms, explosives, prohibited equipment, or controlled weapon parts as part of a commercial, repeated, or organized unlawful scheme.
Required Elements
- Weapons or controlled parts were involved.
- The accused knew their status and the scheme's unlawfulness.
- A commercial, repeated, organized, import, export, warehouse, or distribution act occurred.
Does Not Include
- Simple unlawful possession.
- A single lawful sale.
- Authorized government procurement and delivery.
Applies
Importing repeated shipments of prohibited SMGs for sale to a criminal enterprise.
Does Not Apply
Delivering documented police armory stock under an approved Eden Group contract.
Evidence Considerations
- manifest and inventory
- serials
- communications
- payments
- routes and warehouses
Aggravating Factors
- Explosives
- government equipment
- organized enterprise
- large volume
Procedure
Court and prosecutor review required. Pretrial release conditions may be imposed by lawful order.
Criminal Offense
Class III Felony
Straw Purchase
Definition
A person commits a straw purchase when they knowingly buy or acquire a firearm as the apparent lawful purchaser while intending to transfer control to another person whose identity, eligibility, or role as actual buyer is concealed.
Required Elements
- The accused represented themselves as the actual purchaser.
- Another person was the intended true recipient or controller.
- The accused knowingly concealed that fact to defeat a transfer or eligibility rule.
Does Not Include
- A genuine gift expressly permitted and recorded.
- Buying for oneself and later deciding independently to make a lawful transfer.
- Authorized procurement as disclosed agent.
Applies
Buying a pistol for a person with a revoked license while claiming it is for personal use.
Does Not Apply
A parent buying an approved gift where the law permits and the recipient is disclosed.
Evidence Considerations
- purchase and payment
- messages
- recipient license
- possession after sale
- buyer declaration
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class I Misdemeanor
False Statement in a Weapon Transaction
Definition
A person commits this offense when they knowingly make or submit a material false statement concerning identity, eligibility, license, intended recipient, item classification, serial, or transfer purpose in a weapon transaction or registration.
Required Elements
- A weapon transaction or registration existed.
- A material statement was false.
- The accused knew it was false.
- Official or dealer reliance was intended.
Does Not Include
- Immaterial error.
- Good-faith correction before reliance.
- Opinion about an item's value.
Applies
Falsely stating that a firearm is for personal use while purchasing it for a prohibited buyer.
Does Not Apply
Correcting a transposed license number before the sale completes.
Evidence Considerations
- transaction form
- registry and identity
- communications
- payment
- item and serial
Procedure
Prosecutor review is recommended. A contested charge requires judicial determination.
Identification, Handling, and Criminal Use
Criminal Offense
Class III Felony
Weapon Serial or Identifier Tampering
Definition
A person commits this offense when they intentionally remove, alter, conceal, replace, or falsify a required serial number, ownership mark, armory identifier, or traceable weapon record without authority.
Required Elements
- A required identifier or record existed.
- The accused intentionally altered, removed, concealed, replaced, or falsified it.
- Authority was absent.
Does Not Include
- Authorized repair preserving traceability.
- Ordinary wear not intentionally caused.
- A marking not required by published law.
Applies
Grinding the serial from a stolen pistol before resale.
Does Not Apply
Replacing a damaged authorized tag through the armory's recorded process.
Evidence Considerations
- item examination
- prior serial records
- tools
- access and possession
- communications
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class III Felony
Possession of a Criminally Altered Weapon
Definition
A person commits this offense when they knowingly possess or control a weapon whose required serial, firing configuration, safety device, capacity, or classification feature was unlawfully altered.
Required Elements
- The weapon contained an unlawful material alteration defined by published law.
- The accused knowingly possessed or controlled it.
- The accused knew or consciously avoided clear facts showing the alteration.
Does Not Include
- A lawful approved modification.
- Possession without knowledge of a hidden alteration.
- Ordinary cosmetic change not prohibited.
Applies
Keeping a pistol with its serial removed and prohibited firing system installed after discussing those changes.
Does Not Apply
Buying an approved cosmetic grip with no effect on classification or safety.
Evidence Considerations
- weapon examination
- classification publication
- serial and modification records
- communications
- possession
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class I Misdemeanor
Reckless Discharge of a Firearm
Definition
A person commits reckless discharge when they fire a firearm while consciously disregarding a substantial and unjustifiable risk that a person will be struck or that occupied property will be penetrated.
Required Elements
- The accused discharged a firearm.
- A substantial risk to persons or occupied property existed.
- The accused knew of and consciously disregarded that risk.
Does Not Include
- Safe authorized range fire.
- Justified defensive discharge.
- A mechanical discharge without recklessness.
Applies
Firing into the air in a crowded district without knowing where rounds will land.
Does Not Apply
Firing at a secured range with a safe backstop.
Evidence Considerations
- weapon and ammunition
- trajectory and scene
- video
- witnesses
- warnings and training
Procedure
Prosecutor review is recommended. A contested charge requires judicial determination.
Criminal Offense
Class III Felony
Use of a Weapon During a Felony
Definition
A person commits this offense when, during commission or immediate flight from a felony, they intentionally display, brandish, discharge, or use a weapon to facilitate the offense, intimidate, resist apprehension, or retain proceeds.
Required Elements
- A separate felony was committed or attempted.
- The accused possessed a weapon.
- The accused intentionally displayed or used it to facilitate the felony or flight.
Does Not Include
- Mere concealed possession unrelated to the felony.
- Weapon use already fully required and punished as the only distinguishing element of a more specific offense where merger applies.
- Lawful defensive use unrelated to advancing the felony.
Applies
Firing at police to escape after a burglary.
Does Not Apply
Having an undisclosed lawful pocketknife during financial fraud without using it.
Evidence Considerations
- predicate felony
- weapon use
- video and witnesses
- trajectory or threats
- flight timeline
Aggravating Factors
- Discharge
- injury
- multiple weapons
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class III Felony
Knowing Possession of a Stolen Firearm
Definition
A person commits this offense when they knowingly possess or control a firearm taken through theft, robbery, burglary, embezzlement, or unlawful conversion.
Required Elements
- The firearm was stolen.
- The accused possessed or controlled it.
- The accused knew it was stolen.
Does Not Include
- Possession without knowledge.
- Lawful evidence custody.
- Temporary custody solely for prompt return.
Applies
Hiding a police pistol known to have been stolen from the armory.
Does Not Apply
Finding a marked firearm and immediately surrendering it without using it.
Evidence Considerations
- theft and serial record
- possession
- communications
- purchase circumstances
- attempts to conceal
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class III Felony
Theft of a Firearm
Definition
A person commits theft of a firearm when they intentionally take or exercise unauthorized control over a firearm with purpose to deprive the lawful owner or custodian.
Required Elements
- The item was a firearm.
- It belonged to or was entrusted to another.
- The accused took or controlled it without authority.
- The accused intended deprivation.
Does Not Include
- Authorized armory issue.
- Good-faith mistaken possession promptly corrected.
- Temporary safety custody followed by prompt surrender.
Applies
Stealing a shotgun from a dealership inventory for criminal use.
Does Not Apply
Moving an unattended firearm to a secure police desk and reporting it.
Evidence Considerations
- serial and ownership
- inventory or issuance
- video
- possession and recovery
- communications
Aggravating Factors
- Government or public-safety firearm
- multiple firearms
- trafficking purpose
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class III Felony
Unauthorized Possession of Restricted Government Equipment
Definition
A person commits this offense when they knowingly possess or control equipment expressly designated for restricted police, SWAT, EMS, corrections, military, or government use without valid issue, contract, evidence custody, or other authorization.
Required Elements
- The item was expressly classified as restricted government equipment.
- The accused knowingly possessed or controlled it.
- Valid authorization was absent.
Does Not Include
- Authorized issue or contract delivery.
- Unclassified civilian equipment.
- Temporary evidence custody under lawful process.
Applies
Keeping a stolen SWAT shield and restricted uniform after helping raid the armory.
Does Not Apply
A supplier delivering sealed equipment under a government manifest.
Evidence Considerations
- classification and asset registry
- issuance or contract
- possession
- serial or markings
- communications
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Explosives and Traps
Criminal Offense
Class III Felony
Explosive Threat
Definition
A person commits an explosive threat when they seriously communicate that an explosive device is present, will be placed, or will be detonated, knowing the statement is false or intending unlawful coercion, panic, or evacuation.
Required Elements
- An explosive threat was communicated.
- The accused knew it was false or intended unlawful coercion, panic, or evacuation.
- The communication could reasonably be taken seriously.
Does Not Include
- A good-faith report of a suspected device.
- Clearly fictional speech.
- Authorized exercise notice.
Applies
Calling City Hall to claim a bomb is inside in order to stop a vote.
Does Not Apply
Reporting an unattended suspicious package to police.
Evidence Considerations
- communication and account
- location and response
- device evidence if any
- motive
- evacuation record
Aggravating Factors
- Evacuation
- emergency diversion
- device components possessed
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class II Felony
Unlawful Possession of Explosives
Definition
A person commits this offense when they knowingly possess or control an explosive, explosive device, detonator, or regulated explosive component without authorization expressly required by published Eden law.
Required Elements
- The item was classified as an explosive or regulated component.
- The accused knowingly possessed or controlled it.
- Required authorization was absent.
Does Not Include
- Authorized public-safety, industrial, or evidence custody.
- An ordinary item not classified as an explosive component.
- Mere proximity.
Applies
Keeping improvised explosive devices in a warehouse without any lawful authorization.
Does Not Apply
A certified demolition contractor holding approved materials under inventory controls.
Evidence Considerations
- device and components
- classification
- authorization and inventory
- possession location
- communications
Procedure
Court and prosecutor review required. Pretrial release conditions may be imposed by lawful order.
Criminal Offense
Class I Felony
Criminal Use of an Explosive
Definition
A person commits this offense when they intentionally detonate, place, arm, or deploy an explosive to injure, threaten, destroy property, gain unauthorized entry, obstruct public safety, or advance another offense.
Required Elements
- An explosive was placed, armed, deployed, or detonated.
- The accused intentionally performed or caused the act.
- A listed criminal purpose existed.
Does Not Include
- Authorized demolition or disposal.
- Possession without use.
- A good-faith emergency action by bomb personnel.
Applies
Detonating an explosive to breach a bank vault during robbery.
Does Not Apply
Using authorized demolition charges at a permitted construction site.
Evidence Considerations
- device and blast scene
- placement and trigger evidence
- video
- planning communications
- target and damage
Aggravating Factors
- Occupied target
- critical infrastructure
- multiple devices
- injury or death
Procedure
Court and prosecutor review required. Detention beyond the judicial hold requires a judicial order.
Criminal Offense
Class I Felony
Booby Trap
Definition
A person commits this offense when they intentionally construct, place, arm, or conceal a device designed to injure or critically incapacitate a person through entry, movement, opening, contact, or another unsuspecting action.
Required Elements
- A device was designed to trigger through an unsuspecting action.
- The accused intentionally constructed, placed, armed, or concealed it.
- The purpose was unlawful injury or critical incapacitation.
Does Not Include
- A visible lawful alarm.
- Authorized training device incapable of injury.
- A noninjurious prank device.
Applies
Wiring an explosive to detonate when police open a warehouse door.
Does Not Apply
Installing a normal audible security alarm.
Evidence Considerations
- device and trigger
- placement and ownership
- planning
- technical examination
- target evidence
Aggravating Factors
- Emergency responder target
- occupied premises
- multiple traps
Procedure
Court and prosecutor review required. Detention beyond the judicial hold requires a judicial order.
Criminal Offense
Class II Misdemeanor
Criminally Negligent Weapon Storage
Definition
A person responsible for a firearm, explosive, or restricted weapon commits this offense when they seriously depart from a published storage duty and should perceive a substantial risk of unauthorized access, theft, discharge, or injury, and such access, loss, or harm occurs.
Required Elements
- A specific published storage duty applied.
- The accused was responsible for the item.
- The storage failure seriously departed from reasonable care.
- Unauthorized access, loss, discharge, or injury resulted.
Does Not Include
- Compliance with published storage rules.
- Theft despite reasonable secure storage.
- No published storage duty.
Applies
Leaving loaded department weapons unsecured in a public lobby contrary to an express armory rule, leading to theft.
Does Not Apply
A secured safe being breached through an unforeseeable sophisticated attack.
Evidence Considerations
- storage rule
- item and custodian
- security condition
- access and loss
- warnings and training
Procedure
Summary disposition is permitted if admitted; a contested charge proceeds to court.
Title XI11. Controlled Substances and Contraband
Title XI
Creates criminal liability only for substances and items placed on an official Eden schedule. A real-world label, outside classification, or officer assumption cannot make an item contraband.
Controlled Status and Possession
General Provision
Published Schedule Required
Rule
A substance is controlled, prescription-only, prohibited, or assigned a trafficking category only when an official Eden schedule identifies the supported item and status.
Legal Effect
No person may be charged because an item would be illegal elsewhere or resembles an uncontrolled item.
Application
- The charge must cite the applicable schedule entry.
- When the schedule is silent, possession is not a controlled-substance offense.
Criminal Offense
Class II Misdemeanor
Possession of a Controlled Substance
Definition
A person commits this offense when they knowingly possess or control a substance listed on an Eden schedule as unlawful to possess without a valid prescription, license, or authorization, in an amount below the aggravated threshold.
Required Elements
- The item matched a published controlled-substance entry.
- The accused knowingly possessed or controlled it.
- Required authorization was absent.
- The amount was below the aggravated threshold.
Does Not Include
- Mere proximity.
- Valid prescription or professional custody.
- An item not on a published schedule.
Applies
Keeping a scheduled prohibited substance in a personal bag for private use without authorization.
Does Not Apply
Holding labeled medication under a valid patient prescription.
Evidence Considerations
- item and quantity
- schedule entry
- prescription or authorization registry
- possession and control
- statements
Additional Consequences
- Treatment or licensing consequences require separate authority.
Procedure
Summary disposition is permitted if admitted; a contested charge proceeds to court.
Criminal Offense
Class III Felony
Aggravated Controlled-Substance Possession
Definition
A person commits aggravated possession when they knowingly possess a scheduled substance without authorization in an amount at or above the published aggravated threshold, but intent to distribute is not proven.
Required Elements
- Every element of controlled-substance possession is proven.
- The quantity met the schedule's aggravated threshold.
- Distribution intent was not required.
Does Not Include
- Lower quantity.
- Authorized stock.
- Quantity aggregation from unrelated persons without proven shared control.
Applies
Keeping a bulk quantity above the published threshold in a private warehouse without authorization.
Does Not Apply
Standing near another person's locked container without control over it.
Evidence Considerations
- item and verified quantity
- schedule threshold
- location and control
- authorization
- inventory records
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class III Misdemeanor
Possession of Drug-Manufacturing Paraphernalia
Definition
A person commits this offense when they knowingly possess equipment expressly designated by published schedule as controlled manufacturing paraphernalia and the circumstances show intended unlawful manufacture rather than ordinary lawful use.
Required Elements
- The item was designated controlled paraphernalia.
- The accused knowingly possessed it.
- Circumstances showed intended unlawful manufacture.
- Authorization was absent.
Does Not Include
- Ordinary tools with substantial lawful uses absent criminal context.
- Authorized laboratory equipment.
- Mere proximity.
Applies
Keeping a scheduled production kit together with precursor stock and manufacturing instructions.
Does Not Apply
Owning ordinary kitchen equipment with no scheduled status or criminal context.
Evidence Considerations
- equipment and schedule
- precursors
- location and control
- instructions or communications
- authorization
Procedure
Citation or summary disposition is permitted. Custody requires an independent lawful basis.
Distribution, Manufacture, and Trafficking
Criminal Offense
Class III Felony
Possession with Intent to Distribute
Definition
A person commits this offense when they knowingly possess a controlled substance without authorization and intend to transfer, sell, deliver, furnish, or distribute any part of it to another person.
Required Elements
- Unlawful knowing possession is proven.
- The accused intended a transfer or distribution.
- The intended transfer concerned a scheduled substance.
Does Not Include
- Possession for personal use without distribution intent.
- Authorized dispensing.
- Quantity alone where no other fact reasonably supports intent, unless a schedule expressly creates a threshold inference.
Applies
Holding packaged controlled units, buyer messages, and a price list for planned sale.
Does Not Apply
Possessing a personal-use amount with no transfer evidence.
Evidence Considerations
- quantity and packaging
- messages and buyer records
- payments
- scales or distribution materials
- location and control
Aggravating Factors
- Multiple buyers
- distribution at protected facility
- weapon use
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class III Felony
Distribution of a Controlled Substance
Definition
A person commits distribution when they intentionally sell, give, deliver, furnish, or transfer a scheduled controlled substance without authorization.
Required Elements
- A scheduled substance was transferred or delivered.
- The accused intentionally caused the transfer.
- Required authorization was absent.
Does Not Include
- Authorized medical dispensing.
- Mere possession without transfer.
- Transfer of an uncontrolled item.
Applies
Selling a scheduled prohibited substance to another person for cash.
Does Not Apply
A pharmacist dispensing scheduled medication under a valid prescription and authority.
Evidence Considerations
- item and schedule
- transaction or handoff
- payment
- communications
- authorization
Aggravating Factors
- Multiple recipients
- critical injury caused
- organized enterprise
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class II Felony
Manufacture of a Controlled Substance
Definition
A person commits manufacture when they intentionally produce, synthesize, cultivate, process, compound, convert, or prepare a scheduled controlled substance without required authorization.
Required Elements
- A listed production act occurred.
- The resulting or intended product was a scheduled substance.
- The accused intentionally performed the act.
- Authorization was absent.
Does Not Include
- Authorized medical or scientific production.
- Possession without production.
- Preparation of an uncontrolled lawful item.
Applies
Operating an unauthorized facility that converts precursors into a scheduled substance.
Does Not Apply
A licensed medical supplier compounding approved medication under inventory control.
Evidence Considerations
- production site and equipment
- precursors and product
- schedule
- process records
- communications
Aggravating Factors
- Large production capacity
- hazard to nearby persons
- organized distribution
Procedure
Court and prosecutor review required. Pretrial release conditions may be imposed by lawful order.
Criminal Offense
Class II Felony
Adulteration or Poisonous Distribution
Definition
A person commits this offense when they intentionally or recklessly mix, substitute, contaminate, mislabel, or distribute a controlled substance in a way that creates a substantial undisclosed risk of severe injury or death.
Required Elements
- A substance was mixed, substituted, contaminated, mislabeled, or distributed.
- A substantial undisclosed severe-injury or death risk resulted.
- The accused acted intentionally, knowingly, or recklessly.
Does Not Include
- Accidental contamination despite reasonable controls.
- A disclosed authorized formulation.
- Minor quality variation incapable of serious harm.
Applies
Selling a substance mixed with a toxic chemical without warning buyers.
Does Not Apply
Dispensing an approved formulation with accurate labeling.
Evidence Considerations
- substance testing
- source and packaging
- medical outcomes
- communications
- production records
Aggravating Factors
- Critical injury or death
- multiple recipients
- concealment after warning
Procedure
Court and prosecutor review required. Pretrial release conditions may be imposed by lawful order.
Criminal Offense
Class II Felony
Controlled-Substance Trafficking
Definition
A person commits trafficking when they knowingly import, export, warehouse, transport, finance, or distribute controlled substances as part of a commercial, repeated, high-quantity, or organized unlawful scheme.
Required Elements
- A scheduled substance was involved.
- The accused knew its status and the scheme's unlawfulness.
- A listed commercial, repeated, high-quantity, organized, import, export, warehouse, or finance act occurred.
Does Not Include
- Simple possession.
- One minor transfer without trafficking circumstances.
- Authorized medical supply movement.
Applies
Financing repeated harbor shipments of bulk scheduled substances for a criminal market.
Does Not Apply
Delivering documented medication from an approved supplier to the hospital.
Evidence Considerations
- manifest and routes
- quantity and schedule
- payments
- communications
- warehouses and distribution records
Aggravating Factors
- Organized enterprise
- multiple substances
- public corruption
- critical injury
Procedure
Court and prosecutor review required. Pretrial release conditions may be imposed by lawful order.
Criminal Offense
Class III Felony
Maintaining a Controlled-Substance Premises
Definition
A person commits this offense when they knowingly control premises primarily or repeatedly used for unlawful manufacture, bulk storage, distribution, or consumption of scheduled controlled substances.
Required Elements
- The accused controlled the premises.
- The premises were primarily or repeatedly used for a listed unlawful controlled-substance function.
- The accused knew and intended that use.
Does Not Include
- One unknown item left by another.
- A lawful medical or pharmacy site.
- Ordinary residence where personal possession alone occurred.
Applies
Operating a warehouse dedicated to manufacturing and packaging scheduled substances.
Does Not Apply
Renting a property without knowledge that a tenant hides a controlled item there.
Evidence Considerations
- property and access
- repeated activity
- equipment and inventory
- communications
- financial records
Additional Consequences
- Closure or property forfeiture requires separate judicial authority.
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class I Misdemeanor
Prescription Fraud
Definition
A person commits prescription fraud when they knowingly forge, alter, duplicate, impersonate, misrepresent, or conceal material facts to obtain a prescription-only or scheduled medical item.
Required Elements
- A prescription or medical authorization was sought or used.
- A material identity, medical, quantity, prescriber, or eligibility fact was false or concealed.
- The accused knew this.
- The purpose was to obtain the item.
Does Not Include
- A good-faith medical disagreement.
- A clerical correction by an authorized provider.
- Lawful refill under valid authorization.
Applies
Using a forged physician credential to obtain restricted medication.
Does Not Apply
Requesting review of a legitimate prescription after a pharmacy error.
Evidence Considerations
- prescription and patient record
- credential registry
- item issuance
- communications
- identity evidence
Procedure
Prosecutor review is recommended. A contested charge requires judicial determination.
Criminal Offense
Class III Felony
Unauthorized Administration of a Controlled Substance
Definition
A person commits this offense when they intentionally administer or cause another person to consume a controlled substance without valid consent, medical authority, or another specific legal justification.
Required Elements
- A scheduled controlled substance was administered or caused to be consumed.
- The accused intentionally caused the administration.
- Consent and lawful authority were absent.
Does Not Include
- Authorized emergency or prescribed treatment.
- Voluntary informed use by the person possessing it, though possession may be separately unlawful.
- Accidental exposure without the required mental state.
Applies
Injecting a restrained person with a scheduled substance to make them easier to control.
Does Not Apply
A certified paramedic administering approved medication under protocol.
Evidence Considerations
- medical and toxicology record
- substance and schedule
- consent and authority
- video
- witnesses
Aggravating Factors
- Victim incapacitated
- critical injury
- purpose to facilitate another felony
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class III Felony
Destruction or Concealment of Controlled-Substance Evidence
Definition
A person commits this offense when, knowing a controlled-substance investigation or lawful search exists or is reasonably imminent, they intentionally consume, destroy, flush, transfer, conceal, relabel, or contaminate the substance to impair evidence.
Required Elements
- A controlled-substance investigation or lawful search existed or was reasonably imminent.
- The accused knew this.
- The accused intentionally impaired the substance's availability or identity.
Does Not Include
- Personal use before any known investigation.
- Lawful disposal by authorized medical personnel.
- Accidental loss.
Applies
Destroying packaged substances after officers announce a valid search warrant.
Does Not Apply
Following an authorized hospital disposal procedure before any case exists.
Evidence Considerations
- warrant and notice
- video
- residue and containers
- communications
- search and access timeline
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class II Felony
Supplying a Substance to an Incapacitated or Deceived Person
Definition
A person commits this offense when they intentionally provide or administer a controlled or materially intoxicating substance to a person known to be incapacitated, deceived about its identity, or unable to give informed consent, creating substantial risk of injury or exploitation.
Required Elements
- A controlled or materially intoxicating substance was provided or administered.
- The recipient was incapacitated, deceived about identity, or unable to consent.
- The accused knew that condition.
- Substantial risk of injury or exploitation was created.
Does Not Include
- Authorized medical care.
- Voluntary informed consumption by a capable person.
- A harmless uncontrolled item.
Applies
Giving a downed person a mislabeled controlled substance to impair their memory and steal property.
Does Not Apply
A doctor administering a disclosed approved medicine under emergency authority.
Evidence Considerations
- substance and schedule
- medical condition
- communications and labeling
- consent
- resulting conduct
Aggravating Factors
- Property or sexual exploitation
- critical injury
- multiple victims
Procedure
Court and prosecutor review required. Pretrial release conditions may be imposed by lawful order.
Title XII12. Vehicles, Roads, and Transportation
Title XII
Defines criminal vehicle conduct while leaving ordinary licensing, registration, insurance, parking, inspection, and equipment requirements to the Traffic Code.
Vehicle Ownership and Identity
General Provision
Relationship to the Traffic Code
Rule
A vehicle status, license requirement, modification restriction, registration duty, insurance duty, road rule, or commercial standard must be published in the Traffic Code or another specific Act before its criminal enforcement.
Legal Effect
Ordinary traffic violations do not become crimes unless this Code or the Traffic Code expressly classifies them as criminal.
Application
- The specific traffic provision must be cited where an offense depends on it.
- Vehicle appearance alone does not establish illegality.
Criminal Offense
Class II Misdemeanor
Unauthorized Use of a Vehicle
Definition
A person commits this offense when they knowingly operate or exercise control over another person's vehicle without consent for temporary use, while lacking intent to permanently deprive required for vehicle theft.
Required Elements
- The vehicle belonged to or was controlled by another.
- The accused knowingly operated or controlled it without authority.
- The intended deprivation was temporary.
Does Not Include
- Authorized borrowing.
- Emergency movement reasonably necessary to prevent harm and promptly reported.
- Intent to permanently deprive.
Applies
Taking a neighbor's car for an unauthorized trip and returning it later.
Does Not Apply
Moving a blocking vehicle out of an active fire lane and notifying authorities.
Evidence Considerations
- registration and ownership
- keys and access
- route and use
- communications
- return condition
Procedure
Summary disposition is permitted if admitted; a contested charge proceeds to court.
Criminal Offense
Class III Felony
Vehicle Theft
Definition
A person commits vehicle theft when they intentionally take, obtain, or exercise unauthorized control over a vehicle with purpose to permanently deprive the owner or dispose of the vehicle as their own.
Required Elements
- The vehicle belonged to or was controlled by another.
- The accused took or controlled it without authority.
- The accused intended permanent deprivation or ownership-like disposal.
Does Not Include
- Temporary unauthorized use.
- A good-faith title dispute.
- Lawful repossession under published process.
Applies
Stealing a registered vehicle and changing its plate for resale.
Does Not Apply
Using a borrowed vehicle beyond the agreed time while communicating and intending return; other liability may apply.
Evidence Considerations
- registration and title
- possession and route
- keys or entry method
- sale or identity change
- communications
Aggravating Factors
- Emergency or government vehicle
- organized resale
- multiple vehicles
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class II Felony
Carjacking
Definition
A person commits carjacking when they intentionally take or attempt to take a vehicle from the driver or immediate occupant through unlawful force or intimidation, with purpose to deprive.
Required Elements
- The vehicle was occupied or under an immediate occupant's control.
- The accused used or threatened immediate unlawful force.
- The force or threat facilitated taking or attempted taking.
- The accused intended deprivation.
Does Not Include
- Vehicle theft while unoccupied.
- A future threat unrelated to immediate taking.
- Lawful removal of a driver under public authority.
Applies
Pointing a firearm at a driver and forcing them out to take the car.
Does Not Apply
Taking an unattended parked vehicle without confronting anyone; vehicle theft applies.
Evidence Considerations
- victim and witness statements
- video
- weapon or force
- vehicle and route
- recovery
Aggravating Factors
- Critical injury
- multiple occupants
- child or incapacitated passenger
Procedure
Court and prosecutor review required. Pretrial release conditions may be imposed by lawful order.
Criminal Offense
Class II Misdemeanor
Vehicle Tampering
Definition
A person commits vehicle tampering when they intentionally enter, alter, disable, damage, access storage in, or manipulate another person's vehicle without consent and without completing theft or major damage.
Required Elements
- The vehicle belonged to or was controlled by another.
- A listed access or tampering act occurred.
- The accused acted intentionally without authority.
Does Not Include
- Authorized repair or inspection.
- Accidental contact.
- Completed theft or serious damage charged more specifically.
Applies
Removing a battery from another person's parked car to disable it.
Does Not Apply
Inspecting a customer's vehicle under a signed workshop order.
Evidence Considerations
- vehicle ownership
- access and damage
- tools
- video
- repair authorization
Procedure
Summary disposition is permitted if admitted; a contested charge proceeds to court.
Criminal Offense
Class III Felony
Vehicle Identifier Tampering
Definition
A person commits this offense when they intentionally remove, alter, swap, conceal, duplicate, or falsify a required plate, registration identifier, chassis record, ownership marker, or supported vehicle identity without authority.
Required Elements
- A required vehicle identifier or record existed.
- The accused intentionally altered, removed, concealed, duplicated, swapped, or falsified it.
- Authority was absent.
Does Not Include
- Authorized plate replacement.
- Ordinary damage without intent.
- A decorative marking not used as official identity.
Applies
Swapping plates between a stolen car and a lawful car to evade detection.
Does Not Apply
Replacing a damaged plate through the official registry process.
Evidence Considerations
- registration history
- vehicle examination
- plates and tools
- access
- communications
Aggravating Factors
- Stolen vehicle
- organized resale
- government vehicle
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class III Felony
Fraudulent Vehicle Sale
Definition
A person commits this offense when they knowingly sell, finance, consign, or transfer a vehicle using false title, concealed ownership, materially false condition or history, rolled-back supported mileage, or undisclosed legal restriction.
Required Elements
- A vehicle transaction occurred or was offered.
- A listed material vehicle fact was false or concealed.
- The accused knew this.
- The buyer or lender was intended to rely.
Does Not Include
- Good-faith condition dispute.
- A defect disclosed before sale.
- Ordinary sales opinion.
Applies
Selling a stolen collision-damaged car with a forged clean title and false history.
Does Not Apply
Selling a repaired vehicle after disclosing its collision record and inspection.
Evidence Considerations
- title and registration
- vehicle history and inspection
- advertisement and contract
- payment
- communications
Additional Consequences
- Title correction, restitution, or dealership consequences require lawful process.
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Dangerous Operation, Pursuit, and Collisions
Criminal Offense
Class I Misdemeanor
Reckless Driving
Definition
A person commits reckless driving when they consciously disregard a substantial and unjustifiable risk of death, severe bodily injury, or major property damage while operating a vehicle.
Required Elements
- The accused operated a vehicle.
- A substantial risk of listed serious harm existed.
- The accused knew of and consciously disregarded it.
- The conduct seriously departed from reasonable driving.
Does Not Include
- Speed alone unless circumstances create the required risk.
- Ordinary driving mistake.
- Minor parking collision.
Applies
Driving at extreme speed through a crowded pedestrian area while ignoring visible people.
Does Not Apply
Briefly exceeding a posted limit on an empty road without substantial serious-harm risk; a traffic violation may apply.
Evidence Considerations
- vehicle speed and route
- video
- traffic and pedestrians
- warnings
- collision evidence
Procedure
Prosecutor review is recommended. A contested charge requires judicial determination.
Criminal Offense
Class I Misdemeanor
Evading Police
Definition
A person commits evading when, after an identifiable officer gives a clear lawful signal to stop or remain, they intentionally flee by vehicle or dangerous foot movement to avoid a lawful detention or arrest.
Required Elements
- An identifiable officer gave a clear signal.
- The detention or arrest was lawful.
- The accused knew of the signal.
- The accused intentionally fled to avoid the process.
Does Not Include
- Failure to notice the signal.
- Proceeding briefly to a reasonably safer stopping place while communicating.
- Leaving a consensual encounter before detention.
Applies
Accelerating away after marked police lights and a clear stop command based on lawful cause.
Does Not Apply
Slowing, signaling, and moving one block to a lit safe shoulder before stopping.
Evidence Considerations
- bodycam and dash video
- signal and marked vehicle
- dispatch
- route and speed
- basis for stop
Procedure
Prosecutor review is recommended. A contested charge requires judicial determination.
Criminal Offense
Class III Felony
Aggravated Evading
Definition
A person commits aggravated evading when they commit evading and use reckless driving, ram vehicles, drive toward people, discharge a weapon, cause serious injury, or coordinate another vehicle to obstruct pursuit.
Required Elements
- Every element of evading is proven.
- At least one listed aggravating act or result occurred.
- The accused possessed the mental state required for that act or result.
Does Not Include
- Ordinary low-risk evading.
- A collision solely caused by an independent pursuing vehicle without reckless conduct by the accused.
Applies
Fleeing through crowds, ramming a patrol car, and directing an associate to block police.
Does Not Apply
Failing to stop briefly without dangerous driving or listed aggravator.
Evidence Considerations
- all evading evidence
- route and collision
- weapons
- communications
- medical record
Aggravating Factors
- Critical injury
- multiple vehicles
- public gathering
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class II Misdemeanor
Leaving a Property-Damage Collision
Definition
A driver commits this offense when, knowing or reasonably required to know they were involved in a collision causing material property damage, they leave without stopping safely, identifying themselves, and reporting as required by the Traffic Code.
Required Elements
- The accused operated a vehicle involved in a damaging collision.
- The accused knew or should clearly have known of it.
- A published stop, identify, or report duty applied.
- The accused knowingly left without compliance.
Does Not Include
- No material damage.
- Leaving immediate danger while promptly reporting from safety.
- Inability to know a collision occurred.
Applies
Striking a parked car, inspecting the damage, and driving away without reporting.
Does Not Apply
Leaving an armed ambush scene and immediately calling dispatch with identity and location.
Evidence Considerations
- collision and damage
- vehicle and driver
- video
- report timeline
- statements
Procedure
Summary disposition is permitted if admitted; a contested charge proceeds to court.
Criminal Offense
Class III Felony
Leaving an Injury Collision
Definition
A driver commits this offense when, knowing or reasonably required to know they were involved in a collision causing bodily injury or critical condition, they leave without requesting emergency aid, identifying themselves, and reporting, unless immediate danger requires temporary withdrawal followed by prompt compliance.
Required Elements
- The accused operated a vehicle involved in an injury collision.
- The accused knew or clearly should have known of injury.
- A published aid and report duty applied.
- The accused knowingly left without prompt compliance.
Does Not Include
- Leaving immediate danger while promptly requesting aid and reporting.
- No reasonable awareness of injury.
- A passenger without control or legal duty.
Applies
Seeing an injured pedestrian after impact and driving away without calling EMS.
Does Not Apply
Moving away from active gunfire and immediately reporting the collision and victim location.
Evidence Considerations
- medical and collision record
- video
- call and report timeline
- vehicle and driver
- witnesses
Aggravating Factors
- Critical injury
- effort to conceal vehicle
- impaired driving
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class III Felony
Vehicular Assault
Definition
A person commits vehicular assault when they intentionally use a vehicle to cause bodily injury, or recklessly operate a vehicle and cause serious bodily injury.
Required Elements
- The accused operated a vehicle.
- Bodily or serious bodily injury resulted.
- The accused intentionally caused injury or recklessly caused serious injury.
- The operation caused the result.
Does Not Include
- Ordinary negligence causing minor injury.
- Unavoidable collision.
- Justified vehicle use to stop an imminent deadly threat.
Applies
Intentionally striking a person during a dispute, causing injury.
Does Not Apply
A careful driver losing control because of an unforeseeable mechanical failure.
Evidence Considerations
- vehicle path and speed
- medical record
- video
- vehicle condition
- statements
Aggravating Factors
- Vehicle used as weapon
- multiple victims
- hit and run
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class II Felony
Vehicular Critical Injury
Definition
A person commits this offense when intentional or reckless vehicle operation causes another person to enter critical condition or require hospital transfer.
Required Elements
- The accused intentionally or recklessly operated a vehicle.
- The operation caused supported critical condition or hospital transfer.
- No complete justification applies.
Does Not Include
- Ordinary negligence.
- An independent unforeseeable cause.
- A less serious injury.
Applies
Driving through a crowd with conscious disregard and critically incapacitating a pedestrian.
Does Not Apply
A hidden tire defect causing a collision despite reasonable maintenance.
Evidence Considerations
- game and hospital event
- route and speed
- video
- vehicle inspection
- warnings
Aggravating Factors
- Multiple patients
- evading
- impaired operation
Procedure
Court and prosecutor review required. Pretrial release conditions may be imposed by lawful order.
Criminal Offense
Class II Felony
Vehicular Homicide
Definition
A person commits vehicular homicide when reckless vehicle operation, or criminally negligent operation under a specific serious duty, causes another person's death.
Required Elements
- The accused operated a vehicle.
- Death resulted.
- The operation was reckless, or criminally negligent where a specific serious duty applied.
- The operation caused death.
Does Not Include
- Ordinary negligence.
- Unavoidable collision.
- Intentional homicide using a vehicle, which is charged under Title II.
Applies
Street racing through occupied roads and causing a fatal collision.
Does Not Apply
A fatal collision caused solely by an unforeseeable sudden server or mechanical failure.
Evidence Considerations
- death and medical record
- vehicle path and speed
- video
- vehicle condition
- warnings and duty
Aggravating Factors
- Impairment
- evading
- multiple deaths
- hit and run
Procedure
Court and prosecutor review required. Pretrial release conditions may be imposed by lawful order.
Criminal Offense
Class I Misdemeanor
Driving While Impaired
Definition
A person commits impaired driving when they operate a vehicle while a published alcohol, controlled-substance, medication, or impairment condition materially reduces safe control, and they know or recklessly disregard that condition.
Required Elements
- The accused operated a vehicle.
- A published impairment condition materially reduced safe control.
- The accused knew or recklessly disregarded the impairment.
Does Not Include
- Mere substance possession.
- A lawful medication that does not impair operation.
- Operation while sober despite an unsupported accusation.
Applies
Driving after consuming enough scheduled intoxicant to visibly lose vehicle control.
Does Not Apply
Taking a nonimpairing prescribed medicine and driving normally.
Evidence Considerations
- driving behavior
- medical or test record supported by system
- substance use evidence
- video
- statements
Procedure
Prosecutor review is recommended. A contested charge requires judicial determination.
Emergency Vehicles, Modifications, and Commercial Transport
Criminal Offense
Class I Misdemeanor
Impersonating an Emergency Vehicle
Definition
A person commits this offense when they knowingly use unauthorized emergency lights, sirens, markings, radio identity, or vehicle configuration to cause others to believe the vehicle has police, fire, EMS, or other emergency authority.
Required Elements
- Emergency identity equipment or markings were used.
- Authorization was absent.
- The accused knew this.
- The purpose or likely effect was false emergency authority.
Does Not Include
- Authorized emergency vehicle.
- Clearly displayed show vehicle operated without emergency representation where law permits.
- Ordinary hazard lights.
Applies
Using illegal police lights and siren to force traffic aside and conduct a fake stop.
Does Not Apply
Using standard hazard lights on a disabled car.
Evidence Considerations
- vehicle inspection
- registration and authorization
- video
- equipment activation
- statements
Procedure
Prosecutor review is recommended. A contested charge requires judicial determination.
Criminal Offense
Class I Misdemeanor
Unlawful Roadblock
Definition
A person commits this offense when they intentionally position vehicles, barriers, hazards, or persons to stop or redirect traffic without lawful authority, permit, emergency necessity, or clear safe warning, creating material danger or confinement.
Required Elements
- A roadblock or forced diversion was intentionally created.
- Authority, permit, or necessity was absent.
- Material danger, confinement, or obstruction resulted.
Does Not Include
- A lawful police roadblock.
- A visible temporary warning around a collision.
- A permitted event closure.
Applies
Blocking both ends of a road with vehicles to trap and rob motorists.
Does Not Apply
Placing hazard markers around a disabled vehicle while waiting for tow.
Evidence Considerations
- location and layout
- vehicle ownership
- video
- communications
- traffic impact
Procedure
Prosecutor review is recommended. A contested charge requires judicial determination.
Criminal Offense
Class III Felony
Criminal Cargo Transport Violation
Definition
A commercial operator commits this offense when they knowingly transport prohibited, stolen, dangerously unsecured, materially undeclared, or unauthorized cargo in violation of a specific published transport duty and the act creates substantial loss, danger, or evasion.
Required Elements
- A specific published cargo duty applied.
- The cargo was prohibited, stolen, dangerously unsecured, undeclared, or unauthorized.
- The accused knew the material facts.
- Substantial loss, danger, or evasion resulted or was intended.
Does Not Include
- Minor manifest error corrected promptly.
- Sealed cargo carried without knowledge and under ordinary verification.
- No published transport duty.
Applies
Knowingly hauling unrestrained explosives under a false food manifest through the city.
Does Not Apply
Transporting sealed lawful stock under a verified manifest with no reason to suspect hidden contraband.
Evidence Considerations
- manifest and cargo
- driver and company records
- vehicle inspection
- communications
- route and outcome
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class II Misdemeanor
Criminal Use of an Unapproved Vehicle Modification
Definition
A person commits this offense when they knowingly operate a vehicle with a modification expressly prohibited by published law, or knowingly use an unapproved modification to deceive identification, create a substantial safety risk, or exercise false emergency authority.
Required Elements
- A modification was expressly prohibited or required approval.
- The accused knew the material status.
- The vehicle was operated or the modification used.
- Where approval alone is at issue, the Traffic Code expressly makes the violation criminal.
Does Not Include
- Cosmetic modification not prohibited.
- Approved dealership work.
- Uninstalled parts in lawful transport.
Applies
Driving with hidden false police lights and a plate-obscuring device expressly prohibited by law.
Does Not Apply
Using approved cosmetic pipes installed and recorded by a licensed workshop.
Evidence Considerations
- vehicle inspection
- approval and workshop record
- operation video
- registration
- notice
Procedure
Summary disposition is permitted if admitted; a contested charge proceeds to court.
Criminal Offense
Class II Misdemeanor
Driving While License Suspended or Revoked
Definition
A person commits this offense when they knowingly operate a vehicle that requires a driver's license while their applicable license is suspended, revoked, expired where criminalized, or restricted against that operation.
Required Elements
- The operation required an applicable license.
- The accused operated the vehicle.
- The license status prohibited the operation.
- The accused knew or had formal notice of that status.
Does Not Include
- Operation under a valid temporary permit.
- No notice of an administrative error promptly raised.
- Operation of an item not requiring the license.
Applies
Driving after personally receiving a court order revoking the license.
Does Not Apply
Operating under a valid temporary permit within its restrictions.
Evidence Considerations
- license registry and notice
- vehicle operation
- bodycam
- temporary permit
- identity
Additional Consequences
- Additional license consequences require the Traffic Code or a court order.
Procedure
Summary disposition is permitted if admitted; a contested charge proceeds to court.
Criminal Offense
Class I Misdemeanor
Driver-License Fraud
Definition
A person commits driver-license fraud when they knowingly obtain, use, lend, alter, or present a driver license through false identity, false qualification, forged testing, concealed revocation, or unauthorized transfer.
Required Elements
- A driver-license process or credential was involved.
- A material identity, qualification, test, status, or transfer fact was false.
- The accused knew this.
- Official or private reliance was intended.
Does Not Include
- Good-faith application error.
- A valid digital license display.
- Using an expired license only where no criminal status applies.
Applies
Using another person's license and forged test record to buy and drive a vehicle.
Does Not Apply
Correcting an address error before the license is issued.
Evidence Considerations
- license and test records
- identity
- document examination
- use or transaction
- communications
Procedure
Prosecutor review is recommended. A contested charge requires judicial determination.
Criminal Offense
Class II Misdemeanor
Vehicle Registration or Insurance Fraud
Definition
A person commits this offense when they knowingly create, present, or maintain materially false vehicle ownership, registration, inspection, insurance, plate, or status information to obtain approval, avoid duty, complete a transfer, or mislead enforcement.
Required Elements
- An official vehicle record or transaction was involved.
- A material fact was false or concealed.
- The accused knew this.
- Reliance or evasion was intended.
Does Not Include
- Clerical error promptly corrected.
- Good-faith insurance coverage dispute.
- An accurate record that later expires.
Applies
Presenting a forged insurance record and false owner identity during registration.
Does Not Apply
Reporting a database error and providing genuine coverage proof.
Evidence Considerations
- registration and insurance
- document and system audit
- ownership and payment
- vehicle inspection
- communications
Procedure
Summary disposition is permitted if admitted; a contested charge proceeds to court.
Criminal Offense
Class III Felony
Commercial Transport Endangerment
Definition
A commercial driver or transport controller commits this offense when they consciously disregard a substantial risk of death or severe injury created by vehicle condition, overload, unsecured dangerous cargo, driver impairment, route, or operation under a specific commercial duty.
Required Elements
- The accused controlled commercial operation or dispatch.
- A substantial death or severe-injury risk existed under a specific duty.
- The accused knew of and consciously disregarded the risk.
Does Not Include
- Good-faith reliance on a valid inspection.
- Minor paperwork violation without substantial risk.
- An unforeseeable mechanical failure.
Applies
Ordering an exhausted unlicensed driver to haul unsecured explosive cargo through crowded roads despite repeated warnings.
Does Not Apply
Dispatching a properly inspected vehicle with secured lawful cargo and qualified driver.
Evidence Considerations
- commercial duty
- inspection and maintenance
- cargo and load
- dispatch communications
- route and driver status
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class I Felony
Use of a Vehicle as a Deadly Weapon
Definition
A person commits this offense when they intentionally use a vehicle as deadly force against a person, occupied structure, crowd, or vehicle in a manner capable of causing death or severe bodily injury.
Required Elements
- The accused intentionally operated or directed a vehicle.
- The vehicle was used as deadly force against a listed target.
- The accused intended the force or resulting severe harm.
- No complete justification applies.
Does Not Include
- Reckless driving without intentional weapon use.
- Ordinary collision.
- Justified use immediately necessary to stop an imminent deadly threat.
Applies
Deliberately accelerating into a crowd to injure multiple people.
Does Not Apply
Losing control on ice despite reasonable driving.
Evidence Considerations
- vehicle path and acceleration
- video
- target and impact
- statements
- medical and damage record
Aggravating Factors
- Multiple targets
- public gathering
- critical injury or death
Procedure
Court and prosecutor review required. Detention beyond the judicial hold requires a judicial order.
Title XIII13. Digital Systems, Communications, and Records
Title XIII
Protects credentials, private accounts, government systems, communications, digital property, and official records while preserving authorized testing, public information, and lawful evidence access.
Access, Credentials, and Systems
Criminal Offense
Class I Misdemeanor
Unauthorized System Access
Definition
A person commits this offense when they knowingly access or exceed authorized access to a private account, device, server, application, database, network, or protected digital function without consent or legal authority.
Required Elements
- A protected digital system or function existed.
- The accused accessed it or exceeded granted scope.
- Authorization was absent for that access.
- The accused knew the material facts.
Does Not Include
- Access to public information.
- Authorized testing within scope.
- Accidental access followed by prompt exit and reporting.
Applies
Using another person's stolen login to read private bank messages.
Does Not Apply
Opening a public website page available to everyone.
Evidence Considerations
- access and audit logs
- credentials and device
- authorization scope
- communications
- data viewed or changed
Aggravating Factors
- Protected records
- financial gain
- another offense facilitated
Procedure
Prosecutor review is recommended. A contested charge requires judicial determination.
Criminal Offense
Class III Felony
Credential Theft
Definition
A person commits credential theft when they intentionally obtain, copy, intercept, buy, sell, or retain another person's password, token, key, authentication code, access card, or private credential without authority for intended unauthorized use.
Required Elements
- A private authentication credential belonged to another person or institution.
- The accused obtained, copied, intercepted, bought, sold, or retained it without authority.
- Unauthorized use or transfer was intended.
Does Not Include
- Authorized password management.
- Accidental receipt promptly deleted and reported.
- A public identifier that is not an authentication secret.
Applies
Phishing a police login token to access the MDT.
Does Not Apply
Receiving a mistyped access code and immediately notifying the sender without using it.
Evidence Considerations
- messages and phishing material
- access and authentication logs
- device
- credential use
- communications
Aggravating Factors
- Government or bank credential
- multiple credentials
- sale or distribution
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class I Misdemeanor
Digital Identity Impersonation
Definition
A person commits this offense when they knowingly use another person's digital account, profile, number, signature, device identity, or official online credential to make others believe communications or actions came from that person, for benefit, harm, evasion, or legal effect.
Required Elements
- Another person's digital identity or account was used.
- The accused lacked authority.
- The accused knew this.
- The purpose was benefit, harm, evasion, or legal effect.
Does Not Include
- Clearly labeled parody.
- Authorized account management.
- Using a similar display name without material deception.
Applies
Sending a false confession from another citizen's compromised phone account.
Does Not Apply
Operating a business account under delegated authorization.
Evidence Considerations
- account and device logs
- message metadata
- authorization
- recipient reliance
- benefit or harm
Aggravating Factors
- Official order or evidence falsified
- financial loss
- criminal record affected
Procedure
Prosecutor review is recommended. A contested charge requires judicial determination.
Criminal Offense
Class II Felony
Intrusion into a Government or Critical System
Definition
A person commits this offense when they knowingly obtain unauthorized access to a government, court, police, EMS, corrections, banking-core, election, dispatch, or critical-infrastructure system.
Required Elements
- The system was government or expressly designated critical.
- The accused accessed it without authority or exceeded authorized scope.
- The accused knew the material facts.
Does Not Include
- Public government pages.
- Authorized assigned access.
- Approved security testing within written scope.
Applies
Using stolen administrator credentials to enter the police case database.
Does Not Apply
Viewing a public council agenda without login.
Evidence Considerations
- system and access logs
- credentials and device
- role and scope
- data viewed
- communications
Aggravating Factors
- Records altered
- operations disrupted
- protected identities exposed
Procedure
Court and prosecutor review required. Pretrial release conditions may be imposed by lawful order.
Criminal Offense
Class III Felony
Digital System Interference
Definition
A person commits this offense when they intentionally disrupt, degrade, overload, lock, corrupt, disable, or deny authorized use of a digital system, service, network, device, or database without authority.
Required Elements
- A supported digital system or service existed.
- The accused intentionally caused listed interference.
- Authority was absent.
- Material impairment resulted or was intended.
Does Not Include
- Authorized maintenance.
- Ordinary high usage.
- A technical failure not caused by the accused.
Applies
Overloading dispatch servers to prevent emergency calls during a robbery.
Does Not Apply
Restarting an assigned service during an approved maintenance window.
Evidence Considerations
- system and network logs
- device and account
- operational impact
- tools or code
- communications
Aggravating Factors
- Emergency or election system
- extended outage
- physical harm results
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class II Felony
Malicious Code or Device Deployment
Definition
A person commits this offense when they intentionally create, install, transmit, or deploy code or a device designed to steal credentials, obtain unauthorized access, destroy data, surveil unlawfully, or interfere with systems.
Required Elements
- Code or a device was designed for a listed malicious function.
- The accused intentionally created, installed, transmitted, or deployed it.
- Unauthorized access, theft, destruction, surveillance, or interference was intended.
Does Not Include
- Authorized security testing tool within scope.
- Research code never deployed and clearly controlled.
- Ordinary software with no malicious design or intended use.
Applies
Installing credential-stealing software on a government terminal.
Does Not Apply
Using a diagnostic tool under a written security test authorization.
Evidence Considerations
- code or device
- installation and network logs
- target system
- authorization
- communications
Aggravating Factors
- Self-propagation
- multiple systems
- critical operations
Procedure
Court and prosecutor review required. Pretrial release conditions may be imposed by lawful order.
Data, Communications, and Digital Evidence
Criminal Offense
Class II Felony
Interference with Emergency Communications System
Definition
A person commits this offense when they intentionally disable, jam, divert, impersonate, corrupt, or materially obstruct an emergency call, dispatch, radio, alert, or responder-communication system.
Required Elements
- An emergency communication system or active message was involved.
- The accused intentionally performed a listed interference act.
- Authority was absent.
- Material obstruction or deception resulted or was intended.
Does Not Include
- Authorized channel management.
- Ordinary signal loss.
- A personal call not using the emergency system.
Applies
Jamming police radio and redirecting dispatch units during a bank robbery.
Does Not Apply
A dispatcher lawfully prioritizing simultaneous calls.
Evidence Considerations
- radio and call logs
- device and frequency
- dispatch timeline
- communications
- operational impact
Aggravating Factors
- Injury or delayed response
- another felony facilitated
- wide-area outage
Procedure
Court and prosecutor review required. Pretrial release conditions may be imposed by lawful order.
Criminal Offense
Class III Felony
Digital Data Theft
Definition
A person commits digital data theft when they intentionally copy, export, download, transfer, or acquire protected digital records, files, messages, designs, credentials, or databases without authority for use, disclosure, sale, or deprivation.
Required Elements
- Protected digital data belonged to or was controlled by another.
- The accused copied, transferred, or acquired it without authority.
- Use, disclosure, sale, or deprivation was intended.
Does Not Include
- Viewing public data.
- Authorized backup.
- Accidental download promptly deleted and reported.
Applies
Exporting a private bank customer database for sale to criminals.
Does Not Apply
Downloading files assigned to one's authorized case for official work.
Evidence Considerations
- access and export logs
- device and account
- data classification
- communications
- recipient or use
Aggravating Factors
- Medical, legal, financial, or undercover records
- multiple persons
- sale
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class III Felony
Digital Data Destruction
Definition
A person commits this offense when they intentionally delete, encrypt without recovery authority, corrupt, overwrite, or render protected digital data unavailable without authorization, causing material loss or operational impairment.
Required Elements
- Protected data existed.
- The accused intentionally destroyed, corrupted, encrypted, overwrote, or disabled it.
- Authority was absent.
- Material loss or impairment resulted.
Does Not Include
- Authorized retention deletion.
- Accidental corruption without criminal mental state.
- Deletion of one's own unrestricted data.
Applies
Deleting all active court case files to obstruct prosecutions.
Does Not Apply
Deleting a personal draft not subject to preservation or shared ownership.
Evidence Considerations
- backup and deletion logs
- access and device
- data ownership and retention
- operational impact
- communications
Aggravating Factors
- No recoverable backup
- critical case or emergency data
- public official access
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class III Felony
Digital Record Tampering
Definition
A person commits this offense when they intentionally alter, backdate, relabel, substitute, omit, or falsify a protected digital record or audit trail without authority to affect rights, evidence, ownership, money, status, or official action.
Required Elements
- A protected digital record or audit trail existed.
- A material alteration or omission occurred.
- The accused intentionally caused it without authority.
- A listed legal or economic effect was intended.
Does Not Include
- Authorized correction preserving history.
- Good-faith annotation.
- An immaterial display error.
Applies
Changing a license status in the registry from revoked to valid without authority.
Does Not Apply
Adding a dated correction note that preserves the original record.
Evidence Considerations
- audit trail and versions
- account and role
- source records
- resulting action
- communications
Aggravating Factors
- Custody, conviction, or major transfer affected
- audit trail erased
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class III Felony
Unauthorized Disclosure of Protected Digital Data
Definition
A person with lawful or unlawful access commits this offense when they knowingly disclose protected personal, medical, financial, legal, business, government, or undercover digital data to an unauthorized person without lawful purpose.
Required Elements
- The data was protected or access-restricted.
- The recipient lacked authorization.
- The accused knowingly disclosed it.
- No lawful reporting, defense, consent, or public-record purpose applied.
Does Not Include
- Authorized disclosure.
- Public data.
- Protected reporting to an authorized oversight body.
Applies
Sending sealed witness addresses to the organization under investigation.
Does Not Apply
Providing a patient their own record through an authorized portal.
Evidence Considerations
- data classification
- access and transfer logs
- recipient
- communications
- resulting use
Aggravating Factors
- Person endangered
- payment
- large database
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class III Felony
Digital Extortion
Definition
A person commits digital extortion when they intentionally use unauthorized access, encrypted data, stolen credentials, private records, system interference, or threatened disclosure to demand money, property, access, or action.
Required Elements
- The accused controlled or claimed a listed digital leverage.
- A demand for value or action was made.
- An unlawful threat of continued interference, withheld restoration, misuse, or disclosure supported it.
- The accused intended compliance.
Does Not Include
- Lawful security-service fee agreed before work.
- Good-faith vulnerability disclosure without coercive demand.
- Ordinary contract negotiation.
Applies
Encrypting a business database and demanding payment for the key.
Does Not Apply
Reporting a security flaw and offering optional repair services without threatening misuse.
Evidence Considerations
- system and access logs
- demand communications
- encrypted or stolen data
- payment destination
- tools and device
Aggravating Factors
- Critical system
- medical or court data
- multiple victims
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class I Misdemeanor
Unlawful Digital Tracking
Definition
A person commits this offense when they intentionally install, activate, access, or maintain a tracker, location service, device identifier, or account-monitoring function to follow a person or vehicle without consent, ownership authority, warrant, or another specific legal basis.
Required Elements
- A supported tracking or location method was used.
- The tracking concerned another person or their controlled vehicle or device.
- Consent or lawful authority was absent.
- The accused knew the material facts.
Does Not Include
- Tracking one's own vehicle or device.
- A valid warrant.
- A location voluntarily and knowingly shared.
Applies
Secretly placing a tracker on a former associate's vehicle to monitor every trip.
Does Not Apply
Using a court-authorized tracker within the warrant period.
Evidence Considerations
- device and installation
- account and location logs
- ownership and consent
- warrant if claimed
- communications
Procedure
Prosecutor review is recommended. A contested charge requires judicial determination.
Criminal Offense
Class I Misdemeanor
Digital False Alarm or Emergency Impersonation
Definition
A person commits this offense when they knowingly use a digital system, account, bot, alert, or message to fabricate an emergency, impersonate official emergency messaging, or create a false dispatch event.
Required Elements
- A digital emergency alert, dispatch event, or official-looking message was created or sent.
- The accused knew it was false or unauthorized.
- Emergency response, panic, or official reliance was intended.
Does Not Include
- Good-faith emergency report.
- Clearly labeled simulation.
- Ordinary rumor not presented as official emergency information.
Applies
Using a compromised dispatch account to send police to a fake hostage incident.
Does Not Apply
Running an announced training alert marked 'EXERCISE.'
Evidence Considerations
- account and message logs
- alert format
- response record
- device and credentials
- motive
Aggravating Factors
- Response diverted
- injury
- another felony facilitated
Procedure
Prosecutor review is recommended. A contested charge requires judicial determination.
Criminal Offense
Class III Felony
Unlawful Interception of Private Communications
Definition
A person commits this offense when they intentionally capture, monitor, record, redirect, or access a private live communication or protected message content without consent, warrant, system-owner authority, or another specific legal basis.
Required Elements
- A private communication or protected message content existed.
- The accused intentionally intercepted or accessed it.
- Consent and lawful authority were absent.
Does Not Include
- A participant recording where Eden policy permits.
- Public broadcast.
- Access under a particular warrant.
- Ordinary server logging expressly disclosed and authorized.
Applies
Installing a device to secretly capture private calls between other people.
Does Not Apply
Recording one's own call where the applicable publication permits participant recording.
Evidence Considerations
- interception device or software
- communication metadata and content
- consent
- warrant or authority
- access logs
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Title XIV14. Custody, Corrections, and Court Compliance
Title XIV
Protects lawful custody and court attendance while preserving humane treatment, legal representation, medical priority, and the rule that absence never creates automatic guilt on the original charge.
Escape and Unlawful Release
Criminal Offense
Class III Felony
Escape from Lawful Custody
Definition
A person commits escape from lawful custody when, while lawfully detained, arrested, transported, hospitalized under custodial hold, or otherwise physically held under valid authority, they intentionally leave, break restraint, or defeat custody without permission.
Required Elements
- The accused was in lawful physical custody.
- The accused knew of that custody.
- The accused intentionally left, broke restraint, or defeated it.
- Permission or lawful release was absent.
Does Not Include
- Release because the judicial hold expired.
- Leaving after an authorized discharge.
- Escape from an unlawful private confinement, subject to proportionate-force rules.
Applies
Breaking handcuffs and fleeing during transport after a lawful arrest.
Does Not Apply
Walking out after police formally release the person when the hold expires.
Evidence Considerations
- custody and authority record
- bodycam
- restraint and transport
- release status
- flight evidence
Aggravating Factors
- Force
- weapon
- another person aided
- injury
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class II Felony
Escape from a Correctional Facility
Definition
A person commits this offense when, while serving or awaiting a lawful custodial sentence in a designated correctional facility, they intentionally leave the secure boundary, defeat confinement, or remain absent after authorized temporary movement ends.
Required Elements
- A valid custodial sentence or judicial detention order existed.
- The accused was within correctional custody.
- The accused intentionally left, defeated confinement, or failed to return.
- Authorization was absent or expired.
Does Not Include
- Lawful release or completed sentence.
- Authorized medical transport.
- Inability to return because officials prevent it.
Applies
Cutting through a prison boundary and leaving while a sentence remains active.
Does Not Apply
Leaving with corrections personnel for authorized hospital treatment.
Evidence Considerations
- sentence and custody record
- facility access and boundary
- video
- tools
- movement authorization
Aggravating Factors
- Coordinated prison break
- violence
- weapon or hostage
- public danger
Procedure
Court and prosecutor review required. Pretrial release conditions may be imposed by lawful order.
Criminal Offense
Class III Felony
Aiding Escape
Definition
A person commits aiding escape when they intentionally provide tools, keys, credentials, transport, weapons, plans, concealment, diversion, or other material assistance to help a person escape lawful custody or correctional confinement.
Required Elements
- Another person was in lawful custody or confinement.
- The accused knew this.
- Material escape assistance was provided.
- The accused intended escape.
Does Not Include
- Legal assistance.
- Ordinary contact without escape purpose.
- Emergency medical aid not intended to facilitate escape.
Applies
Delivering cutting tools and a getaway car under an agreed prison escape plan.
Does Not Apply
An attorney meeting a detained client through approved visitation.
Evidence Considerations
- custody status
- communications and plan
- tools or transport
- access logs
- participant testimony
Aggravating Factors
- Weapon supplied
- multiple escapees
- public official assistance
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class II Felony
Participation in a Prison Break
Definition
A person commits prison-break participation when, acting with at least one other participant, they intentionally breach, attack, seize, disable, or obstruct a correctional facility or transport to free one or more persons in lawful custody.
Required Elements
- A coordinated operation targeted a correctional facility or transport.
- The purpose was to free persons in lawful custody.
- The accused intentionally performed a material act advancing the operation.
Does Not Include
- Mere presence.
- Peaceful protest.
- One person's unassisted escape.
Applies
Joining an armed group that breaches the prison gate and extracts inmates.
Does Not Apply
Standing outside the prison to protest sentencing without aiding entry or escape.
Evidence Considerations
- participant communications
- facility and breach record
- weapons and vehicles
- custody targets
- video
Aggravating Factors
- Hostages
- critical injury
- multiple escapees
- restricted equipment
Procedure
Court and prosecutor review required. Pretrial release conditions may be imposed by lawful order.
Criminal Offense
Class III Felony
Harboring an Escapee
Definition
A person commits this offense when they knowingly provide concealment, shelter, false records, transport, money, disguise, or material support to a person they know escaped lawful custody, with purpose to prevent recapture.
Required Elements
- The supported person escaped lawful custody.
- The accused knew this.
- Material concealment or support was provided.
- The purpose was to prevent recapture.
Does Not Include
- Unknowing ordinary service.
- Legal representation.
- Emergency treatment without concealment purpose.
Applies
Hiding an escaped inmate in a secured basement and supplying a false identity.
Does Not Apply
A hospital treating an unidentified injured person and following lawful reporting duties.
Evidence Considerations
- escape notice
- communications
- property and access
- transport or payments
- false identity
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class II Felony
Unlawful Release from Custody
Definition
A public official, contractor, or custodian commits this offense when they intentionally release, transfer, remove, or permit departure of a person in lawful custody without authority, valid order, sentence completion, or medical process.
Required Elements
- A person was in lawful custody.
- The accused had custodial access or influence.
- The accused intentionally caused unauthorized release or departure.
- No valid release basis existed.
Does Not Include
- Release at expiration of authority.
- A valid court order.
- Authorized medical transfer that preserves custody status.
Applies
Opening a secured exit and clearing an inmate's record in exchange for payment.
Does Not Apply
Releasing a person when the judicial hold expires and no order exists.
Evidence Considerations
- custody and release records
- access logs
- orders and sentence
- communications
- benefit or motive
Aggravating Factors
- Serious offender
- payment or corruption
- records falsified
Procedure
Court and prosecutor review required. Pretrial release conditions may be imposed by lawful order.
Criminal Offense
Class III Felony
Custody-Record Tampering
Definition
A person commits this offense when they intentionally alter, delete, backdate, fabricate, or conceal a booking, hold, sentence, release, transfer, check, medical-clearance, or custody-status record without authority to affect confinement or accountability.
Required Elements
- An official custody-related record existed.
- A material alteration, deletion, fabrication, or concealment occurred.
- The accused intentionally caused it without authority.
- Custody or accountability effect was intended.
Does Not Include
- Authorized correction preserving audit history.
- Good-faith clerical correction.
- An immaterial display error.
Applies
Changing an inmate's remaining sentence to zero and deleting the audit entry.
Does Not Apply
Correcting a misspelled name while retaining the original and reason.
Evidence Considerations
- record versions and audit
- custody source records
- access and role
- communications
- resulting release or hold
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Correctional Security and Contraband
Criminal Offense
Class III Felony
Introducing Contraband into Custody
Definition
A person commits this offense when they intentionally bring, send, deliver, conceal, throw, transmit, or arrange entry of an item expressly classified as correctional contraband into a holding area, transport, hospital custody room, or correctional facility without authorization.
Required Elements
- The item was published as correctional contraband.
- A custody or correctional location was targeted.
- The accused intentionally introduced or arranged the item.
- Authorization was absent.
Does Not Include
- Authorized evidence or supply delivery.
- An item not classified as contraband.
- Accidental possession disclosed at screening.
Applies
Hiding a prohibited weapon in a food delivery for an inmate.
Does Not Apply
Declaring a restricted personal item at the entrance and surrendering it before entry.
Evidence Considerations
- item and classification
- screening and access
- communications
- recipient
- video
Aggravating Factors
- Weapon, explosive, escape tool, or controlled substance
- public official involvement
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class I Misdemeanor
Possession of Correctional Contraband
Definition
A person in custody commits this offense when they knowingly possess or control an item expressly classified as correctional contraband and no authorized issue, medical, legal, or operational purpose applies.
Required Elements
- The accused was in custody or a controlled correctional area.
- The item was classified as contraband for that status or area.
- The accused knowingly possessed or controlled it.
- Authorization was absent.
Does Not Include
- Mere proximity.
- Authorized issue.
- An item not on the published contraband list.
Applies
Hiding an expressly prohibited cutting tool inside an assigned cell.
Does Not Apply
Possessing an approved legal document or issued hygiene item.
Evidence Considerations
- item and classification
- location and control
- search record
- issuance or authorization
- communications
Additional Consequences
- Facility discipline and criminal sentencing are separate and require their own authority.
Procedure
Prosecutor review is recommended. A contested charge requires judicial determination.
Criminal Offense
Class III Felony
Distribution of Correctional Contraband
Definition
A person commits this offense when they intentionally sell, give, deliver, trade, or distribute correctional contraband within or for a custody environment without authorization.
Required Elements
- The item was classified as correctional contraband.
- A transfer or distribution act occurred.
- The accused intentionally caused it.
- Authorization was absent.
Does Not Include
- Authorized supply issue.
- Possession without transfer.
- Transfer of an unrestricted approved item.
Applies
Selling a prohibited communication device to several inmates.
Does Not Apply
A corrections quartermaster issuing approved clothing.
Evidence Considerations
- item and classification
- transaction or handoff
- payments
- communications
- facility video
Aggravating Factors
- Weapons or controlled substances
- multiple recipients
- organized facility market
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class III Felony
Correctional Riot
Definition
A person commits correctional riot when, with at least two other confined persons, they intentionally engage in coordinated violence, hostage taking, major property destruction, or forcible seizure of a correctional area.
Required Elements
- At least three confined participants acted in coordination.
- Violence, hostage taking, major destruction, or area seizure occurred.
- The accused intentionally participated.
Does Not Include
- Peaceful grievance or refusal.
- Presence without participation.
- Independent uncoordinated misconduct.
Applies
Joining a coordinated group that assaults officers and seizes a prison wing.
Does Not Apply
Remaining locked in one's cell and refusing to join the violence.
Evidence Considerations
- facility video
- participant communications
- individual conduct
- damage and injury
- custody records
Aggravating Factors
- Hostages
- weapon
- escape purpose
- critical injury
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class III Felony
Aggravated Damage to a Correctional Facility
Definition
A person commits this offense when they intentionally or recklessly cause substantial damage to locks, barriers, monitoring, medical, fire-safety, transport, communications, or other correctional infrastructure, impairing security or safety.
Required Elements
- The target was correctional infrastructure.
- Substantial damage or impairment occurred.
- The accused acted intentionally or recklessly.
- Authority was absent.
Does Not Include
- Ordinary wear.
- Emergency action reasonably necessary to escape immediate unlawful danger.
- Minor cosmetic damage.
Applies
Destroying cell locks and cameras to enable escape.
Does Not Apply
Accidentally scratching a wall during ordinary movement.
Evidence Considerations
- facility and maintenance record
- video
- tools
- security impact
- communications
Aggravating Factors
- Escape results
- fire or medical system disabled
- coordinated damage
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class II Felony
Violence During Escape or Prison Break
Definition
A person commits this offense when, to advance escape or prison break, they intentionally use unlawful force causing bodily injury or use a deadly weapon against a custodian, responder, visitor, or other confined person.
Required Elements
- An escape or prison-break operation existed.
- The accused intentionally used unlawful force or a deadly weapon.
- The purpose was to advance the escape or break.
- Bodily injury occurred or deadly force was used.
Does Not Include
- Nonviolent escape charged elsewhere.
- Lawful self-defense against an independent imminent unlawful threat.
- Force unrelated to escape purpose.
Applies
Shooting a transport officer to free an inmate from a prison convoy.
Does Not Apply
Leaving an unlocked area without using force; escape may apply instead.
Evidence Considerations
- escape and custody record
- medical evidence
- weapon
- video
- planning communications
Aggravating Factors
- Critical injury
- hostage
- multiple attackers
Procedure
Court and prosecutor review required. Pretrial release conditions may be imposed by lawful order.
Criminal Offense
Class I Misdemeanor
Impersonating Corrections Personnel
Definition
A person commits this offense when they knowingly represent themselves as corrections, custody, transport, or prison personnel to gain access, direct a confined person, obtain records or equipment, or facilitate release or contraband.
Required Elements
- A false corrections or custody identity was represented.
- The accused knew it was false.
- The representation sought access, authority, records, equipment, release, or contraband facilitation.
Does Not Include
- Clearly fictional performance.
- Authorized contractor accurately identifying their limited role.
- Civilian assistance without authority claim.
Applies
Using a forged corrections credential to enter the prison loading area and deliver contraband.
Does Not Apply
A maintenance contractor showing an accurate visitor pass.
Evidence Considerations
- credential registry
- access logs
- uniform and documents
- communications
- resulting access or action
Aggravating Factors
- Escape or unlawful release facilitated
- restricted records or equipment obtained
Procedure
Prosecutor review is recommended. A contested charge requires judicial determination.
Release Conditions and Court Attendance
Criminal Offense
Class I Misdemeanor
Violation of Pretrial Release Conditions
Definition
A person commits this offense when they knowingly violate a clear, active, lawfully imposed pretrial release condition and compliance was reasonably possible.
Required Elements
- A valid release condition applied.
- The condition was clear and active.
- The accused had notice.
- Compliance was reasonably possible.
- The accused knowingly violated it.
Does Not Include
- Ambiguous conditions.
- Conduct outside the condition's scope.
- Inability to comply despite reasonable effort and prompt notice.
Applies
Entering a prohibited witness location after personally receiving the release order.
Does Not Apply
Missing a check-in because the police station is inaccessible and promptly contacting the court.
Evidence Considerations
- release order and service
- conduct and location
- communications
- ability to comply
- timing
Aggravating Factors
- Witness or victim threatened
- new offense
- repeated violation
Procedure
Prosecutor review is recommended. A contested charge requires judicial determination.
Criminal Offense
Class II Misdemeanor
Failure to Complete a Required Check-In
Definition
A person commits this offense when, under a clear active release or sentence condition, they knowingly fail to report to the designated location, officer, or verified system within the stated Eden-time window despite reasonable ability to do so.
Required Elements
- A valid check-in condition applied.
- The location, method, and Eden-time window were clear.
- The accused had notice.
- Reasonable ability to check in or request accommodation existed.
- The failure was knowing.
Does Not Include
- Technical failure reported promptly.
- Real-world unavailability where the schedule was not properly confirmed.
- A check-in completed within the stated window.
Applies
Ignoring a once-per-Eden-day headquarters check-in while continuing ordinary activity nearby.
Does Not Apply
Contacting police before the deadline because maintenance closes the designated station and completing an approved alternative.
Evidence Considerations
- condition and schedule
- Eden Time record
- check-in logs
- communications
- location and availability
Procedure
Summary disposition is permitted if admitted; a contested charge proceeds to court.
Criminal Offense
Class I Misdemeanor
Failure to Appear
Definition
A person commits failure to appear when, after valid notice of a required court hearing and reasonable real-world scheduling confirmation, they knowingly fail to attend or obtain an authorized continuance despite ability to appear.
Required Elements
- A valid court appearance was required.
- The accused received notice with Eden and real-world scheduling information.
- Ability to attend or request a continuance existed.
- The accused knowingly failed to do either.
Does Not Include
- Lack of valid notice.
- Approved continuance.
- Real emergency or technical inability reported as soon as practicable.
Applies
Ignoring a confirmed trial notice and remaining online elsewhere without contacting the court.
Does Not Apply
Missing because of a real emergency and promptly providing notice for rescheduling.
Evidence Considerations
- summons and service
- schedule confirmation
- attendance and login record
- continuance requests
- communications
Additional Consequences
- A bench warrant may issue.
- The original charge remains unproven and is not automatically guilty.
Procedure
Prosecutor review is recommended. A contested charge requires judicial determination.
Criminal Offense
Class III Felony
Aggravated or Repeated Failure to Appear
Definition
A person commits this offense when they knowingly fail to appear for a second properly noticed hearing in the same case after a prior failure, or fail to appear while actively concealing themselves to defeat the proceeding.
Required Elements
- A valid required appearance and notice existed.
- A prior failure in the same case or active concealment is proven.
- The accused knowingly failed to appear without authorization.
Does Not Include
- One first failure.
- Lack of valid notice.
- Approved rescheduling or genuine inability.
Applies
Missing a second confirmed hearing and changing identity records to avoid court.
Does Not Apply
Attending the rescheduled hearing after one excused emergency absence.
Evidence Considerations
- hearing history
- service and confirmation
- identity or concealment evidence
- communications
- attendance records
Additional Consequences
- The court may proceed in absentia only under published procedure and after reviewing the evidence.
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class III Felony
Absconding from Judicial Supervision
Definition
A person commits absconding when, while subject to active pretrial or sentence supervision, they intentionally conceal their location, leave a restricted jurisdiction, abandon all required reporting, or use false identity for the purpose of defeating supervision or court process.
Required Elements
- Active judicial supervision or restriction applied.
- The accused knew of it.
- A listed concealment, travel, reporting, or false-identity act occurred.
- The purpose was to defeat supervision or process.
Does Not Include
- Authorized travel.
- One missed check-in without concealment purpose.
- A location change promptly reported.
Applies
Leaving Eden under a no-travel order, discarding the registered phone, and using a false identity.
Does Not Apply
Traveling outside the city with written court permission and continuing check-ins.
Evidence Considerations
- supervision order
- travel and location
- identity and device
- check-in pattern
- communications
Aggravating Factors
- Serious pending felony
- witness contact
- new offense
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class III Felony
Bail Jumping
Definition
A person commits bail jumping when, after release secured by bail, they knowingly fail to appear or intentionally abscond in violation of the bail conditions, with purpose to avoid the case.
Required Elements
- A valid bail release existed.
- The accused knew the appearance and supervision conditions.
- Failure to appear or absconding occurred.
- Avoidance of the case was intended.
Does Not Include
- Good-faith inability followed by prompt court contact.
- A released person complying with all conditions.
- Nonpayment of an unrelated debt.
Applies
Posting bail and then leaving the jurisdiction under a false identity before trial.
Does Not Apply
Requesting and receiving a continuance while remaining compliant.
Evidence Considerations
- bail order and payment
- service and schedule
- travel and identity
- communications
- attendance
Additional Consequences
- Bail forfeiture requires a judicial order and does not prove the original charge.
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class III Felony
Tampering with Judicial Monitoring
Definition
A person commits this offense when they intentionally remove, disable, shield, spoof, transfer, damage, or cause false data from a court-ordered monitoring device, check-in system, or verified supervision account without authorization.
Required Elements
- A valid monitoring requirement applied.
- The accused knew of it.
- A listed tampering act occurred.
- The accused intentionally impaired monitoring or created false data.
Does Not Include
- Technical malfunction promptly reported.
- Authorized repair or removal.
- Ordinary device charging or use.
Applies
Removing an ankle monitor and attaching it to another vehicle to create false location data.
Does Not Apply
Reporting a dead battery immediately and following repair instructions.
Evidence Considerations
- monitor and system logs
- device inspection
- order and notice
- location data
- communications
Procedure
Court required. The accused may be held only within the published judicial-hold limit.
Criminal Offense
Class I Misdemeanor
Violation of a Judicial No-Contact Condition
Definition
A person commits this offense when they knowingly initiate, direct, or use another person to make contact prohibited by a clear active no-contact order, and no emergency or court-authorized exception applies.
Required Elements
- A valid active no-contact order identified the protected person and prohibited conduct.
- The accused had notice.
- The accused knowingly initiated, directed, or caused prohibited contact.
- No listed exception applied.
Does Not Include
- Unavoidable incidental presence followed by prompt departure.
- Contact initiated solely through counsel or court as authorized.
- Emergency communication necessary to prevent immediate harm and promptly reported.
Applies
Using a friend to threaten a protected witness on the accused's behalf.
Does Not Apply
Leaving a public business immediately after unexpectedly seeing the protected person.
Evidence Considerations
- order and service
- messages and intermediaries
- location and timing
- witnesses
- claimed exception
Aggravating Factors
- Threat, intimidation, or repeated contact
- victim or witness target
Procedure
Prosecutor review is recommended. A contested charge requires judicial determination.
Title XV15. Sentencing, Merger, and Criminal Consequences
Title XV
Provides a transparent sentencing method, prevents duplicate punishment, preserves medical and pretrial continuity, and keeps every consequence tied to a conviction and published authority.
Sentencing Authority and Method
General Provision
Conviction Required
Rule
A criminal sentence may be imposed only after an informed guilty plea accepted by a court or a judicial finding of guilt beyond a reasonable doubt.
Legal Effect
Arrest, charging, probable cause, hospital transfer, or failure to appear does not establish guilt on the original offense.
Application
- Immediate safety restrictions may exist under separate pretrial authority.
- A permanent criminal record must identify the conviction source.
General Provision
Sentencing Purposes
Rule
A lawful sentence may protect the public, hold the offender accountable, deter supported misconduct, restore victims, interrupt criminal benefit, support rehabilitation, and preserve confidence in Eden institutions.
Legal Effect
Punishment may not be imposed for personal dislike, protected conduct, uncharged reputation, or an unwritten offense.
Application
- The court should identify the principal purposes when a sentence is contested.
- No purpose authorizes a consequence outside the published range.
General Provision
Classification Ranges Control
Rule
The classification, imprisonment range, fine range, and procedural track printed in the offense section control unless another valid specific provision expressly changes them.
Legal Effect
A charge title, department preference, or perceived seriousness cannot increase the range.
Application
- Special offense-specific ranges control the general class table.
- The minimum and maximum are boundaries, not automatic outcomes.
General Provision
Selecting a Sentence Within the Range
Rule
The court begins from the ordinary seriousness of the proven offense and moves within the range only for supported aggravating and mitigating facts.
Legal Effect
The sentence should explain the principal facts that moved it materially above or below the ordinary midpoint.
Application
- Actual harm and culpability matter more than charge count alone.
- Comparable cases should receive reasonably consistent treatment.
General Provision
Aggravating Factors
Rule
Only supported aggravating facts identified by the offense, the Eden Legal Code, or another sentencing provision may increase punishment within the range.
Legal Effect
The prosecution bears the applicable burden for a disputed aggravating fact.
Application
- Typical factors include multiple victims, leadership, planning, severe harm, abuse of trust, obstruction, and repeated conduct.
- A factor necessary to the offense cannot be counted twice.
General Provision
Mitigating Factors
Rule
Supported mitigating facts may reduce punishment within the range, including limited role, voluntary surrender, rescue, restitution, cooperation, reduced harm, genuine coercion short of a defense, and lack of prior convictions.
Legal Effect
A defendant is not punished more harshly merely for choosing trial rather than pleading guilty.
Application
- Mitigation does not erase an element.
- The court may require reliable proof of claimed mitigation.
General Provision
No Double Counting
Rule
A fact already required to prove the offense or a separately punished enhancement may not be used again to increase the same sentence unless the statute expressly authorizes it.
Legal Effect
The court must identify overlapping factors and avoid duplicate punishment for the same legal harm.
Application
- Weapon use required for armed robbery is not automatically an additional aggravator.
- A separate injury offense may remain where it protects a distinct victim interest.
General Provision
Merger and Included Offenses
Rule
An included offense merges for sentence when all of its elements are contained in a greater offense and both counts punish the same act, victim, and legal harm.
Legal Effect
A merged count may remain recorded as part of the judgment where procedure permits, but it does not add duplicate imprisonment or fine.
Application
- Theft ordinarily merges into robbery for the same taking.
- Separate injury or separate victims may support independent punishment.
General Provision
Concurrent and Consecutive Sentences
Rule
Concurrent sentences are the default for substantially overlapping conduct; consecutive sentences require distinct victims, separate completed acts, offenses committed during custody or escape, or another published reason stated by the court.
Legal Effect
The total remains subject to proportionality and the overall cap.
Application
- One incident can contain distinct acts without making every charge consecutive.
- The judgment must identify which terms run together or in sequence.
General Provision
Multiple Victims and Transactions
Rule
Separate victims ordinarily support separate counts and may support consecutive treatment because each victim represents a distinct protected interest.
Legal Effect
Multiple transactions support separate counts only where they are genuinely distinct rather than artificial divisions of one act.
Application
- One shot injuring two people may support two victim counts.
- One continuous possession is ordinarily not divided by every minute.
Participation and Incomplete Offenses
General Provision
Attempt Grading
Rule
Unless an offense expressly states a different range, attempt is graded one classification below the completed offense; an Exceptional Felony attempt is a Class I Felony.
Legal Effect
The sentence must account for how close the offense came to completion and the harm actually caused.
Application
- An attempt causing separate injury may receive an additional supported injury charge.
- Voluntary abandonment may defeat attempt only under ELC 5-104.
General Provision
Solicitation and Conspiracy Grading
Rule
Unless a specific section states otherwise, solicitation and conspiracy are graded one classification below the requested or agreed offense.
Legal Effect
When the completed offense occurs, duplicate punishment for solicitation or conspiracy requires a distinct ongoing agreement, separate harm, or express authority.
Application
- The agreement and overt act must be proven for conspiracy.
- Casual discussion is not graded because it is not an offense.
General Provision
Accomplice Sentencing
Rule
An accomplice is exposed to the principal offense range, but the court must assess actual role, knowledge, assistance, control, benefit, foreseeability, and withdrawal when selecting the sentence.
Legal Effect
A minor aider is not automatically sentenced like an organizer, though classification remains the same unless law provides otherwise.
Application
- Leadership may aggravate.
- Limited assistance and effective cooperation may mitigate.
Financial and Property Consequences
General Provision
Criminal Fines
Rule
A fine must remain within the offense range and reflect seriousness, illicit profit, harm, ability to pay, restitution priority, and supported economic conditions.
Legal Effect
Inability to pay does not automatically become imprisonment without separate published authority and review.
Application
- The court may set payment terms where systems permit.
- A fine is owed to government; restitution is owed to an identified victim.
General Provision
Restitution
Rule
The court may order return, repair, replacement, or payment for proven direct property, medical, business, or supported economic loss caused by the offense.
Legal Effect
Speculative, duplicated, remote, or unsupported losses are excluded.
Application
- Victim loss receives priority over punitive financial extraction where law permits.
- Restitution may survive return of seized evidence.
General Provision
Forfeiture
Rule
Contraband, criminal proceeds, and property intentionally used to commit an offense may be forfeited only where published law authorizes it and the required connection is proven.
Legal Effect
Seizure for investigation is temporary and does not itself transfer ownership.
Application
- Innocent ownership interests must be considered where law provides.
- Property no longer needed and not forfeitable must be returned.
General Provision
License Consequences
Rule
A conviction affects a driver's, firearm, business, professional, or other license only when the offense, a specific Act, or a separate lawful licensing order authorizes suspension, restriction, or revocation.
Legal Effect
Police recommendation alone does not change a registry status unless the governing Act grants that power and process.
Application
- The judgment must identify the affected license, status, duration, and authority.
- Every institution reads the resulting live registry status.
General Provision
Public Office and Professional Consequences
Rule
Removal, suspension, disqualification, decertification, or employment restriction following conviction requires express authority and the process assigned by law or department publication.
Legal Effect
A criminal judgment does not silently create an unwritten employment penalty.
Application
- Abuse-of-office convictions may support separate removal where authorized.
- Professional discipline may use its own published standard and hearing.
Custody, Medical Continuity, and Limits
General Provision
Credit for Time Served
Rule
A person receives credit for time actually held under the judicial hold, ordered pretrial detention, or related custody because of the same offense conduct.
Legal Effect
Custody for an unrelated case is not double-counted unless the court orders concurrent treatment.
Application
- Verified custody records control.
- An unlawful excess hold may also support a separate remedy.
General Provision
Hospital Transfer Does Not End Legal Process
Rule
Critical incapacitation, automatic hospital transfer, EMS revival, recovery-room confinement, or medical treatment does not erase evidence, pending charges, warrants, release conditions, convictions, or sentences.
Legal Effect
Medical necessity controls treatment timing; lawful custody or process resumes when the person is medically cleared.
Application
- A person may be interviewed or arrested at a hospital only within rights and medical limits.
- Inventory loss caused by game mechanics does not automatically prove legal seizure or forfeiture.
General Provision
Overall Custodial Cap
Rule
The ordinary maximum custodial sentence imposed from one incident or consolidated case is 180 real-time minutes unless a later publication expressly creates a different cap.
Legal Effect
Charge stacking cannot evade the cap; the court must still record each conviction and noncustodial consequence.
Application
- Concurrent and consecutive decisions occur within the cap.
- Separate later offenses committed during custody may be sentenced in a later case subject to published law.
General Provision
Exceptional Sentence Findings
Rule
Any total sentence above 120 minutes requires a written finding identifying the Exceptional Felony, extreme aggravating facts, merger analysis, victim count, and reason a lower sentence is inadequate.
Legal Effect
The maximum is never automatic, even for an Exceptional Felony.
Application
- The defense may challenge each disputed aggravator.
- The judgment must remain searchable in the case record.
General Provision
Plea and Substantial Cooperation
Rule
An informed guilty plea, early responsibility, truthful substantial cooperation, restitution, rescue, or assistance preventing further harm may support mitigation within the range or another reduction expressly authorized by law.
Legal Effect
A person who chooses trial may not receive an added penalty merely for exercising that right.
Application
- A plea must be voluntary and factually supported.
- False or incomplete cooperation may receive no mitigation and may form a separate offense if its elements are met.
General Provision
Suspended Terms and Supervised Conditions
Rule
Where authorized, a court may suspend part of a sentence and impose clear, time-limited, proportionate conditions addressing appearance, reporting, contact, travel, weapons, restitution, treatment, or lawful monitoring.
Legal Effect
Violation is not automatic guilt; it must be proven under a specific offense or revocation procedure.
Application
- Conditions must be technically and practically possible.
- Real-world availability must be considered when scheduling appearances.
General Provision
Sentence Record, Correction, and Completion
Rule
Every sentence must identify convictions, merged counts, imprisonment, fines, restitution, forfeiture, license effects, conditions, credit, start, completion, and the authority for each term.
Legal Effect
Clerical, unlawful, impossible, or materially changed terms may be corrected through recorded judicial review; a completed lawful sentence is not later increased.
Application
- Completion ends the sentence but does not erase the conviction unless expungement law says so.
- The registry must distinguish active, completed, suspended, overturned, and expunged status.
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Written Charges, Proven Facts
Crime is handled through Eden institutions, not improvised authority.
Police investigate and recommend supported charges. Prosecutors decide what can be proved. Courts determine guilt and sentence. No conviction enters a permanent record before an accepted plea or judicial verdict.