Laws

Chapter I: Felony

§100.00. Aggravated Murder

1. A person is guilty of aggravated murder if: A. With intent to cause the death of another person, they cause the death of such person or a third person, where: (i) The intended victim was a police officer engaged in their official duties; or (ii) The intended victim was a firefighter, emergency medical technician, or any other person performing emergency response services engaged in their official duties. [Class A Felony]

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§100.01. Murder in the First Degree

1. A person is guilty of murder in the first degree if: A. With intent to cause the death of another person, they cause the death of such person or a third person, and: (i) The intended victim was a witness to a crime and was killed to prevent testimony or in retaliation for testimony; or (ii) The intended victim was killed during the commission or attempted commission of a Class B Felony or greater; or (iii) The defendant acted in expectation of receiving anything of value; or (iv) The intended victim was a judge or other court officer engaged in official duties; or (v) The killing was done under orders from or for the benefit of a criminal organization. [Class A Felony]

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§100.02. Murder in the Second Degree

1. A person is guilty of murder in the second degree if: A. With intent to cause death of another person, they cause the death of such person or a third person, without circumstances qualifying for first-degree murder. [Class A Felony].

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§100.03. Aggravated Manslaughter

1. A person is guilty of aggravated manslaughter if: A. With intent to cause serious physical injury, they cause the death of such person or a third person, and: (i) The intended victim was a police officer engaged in their official duties; or (ii) The intended victim was a firefighter, emergency medical technician, or other emergency responder engaged in their official duties. [Class B Felony]

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§100.04. Manslaughter in the First Degree

1. A person is guilty of manslaughter in the first degree if: A. With intent to cause serious physical injury, they cause the death of such person or a third person. [Class B Felony]

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§100.05. Manslaughter in the Second Degree

1. A person is guilty of manslaughter in the second degree if: A. They recklessly cause the death of another person. [Class C Felony]

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§100.06. Vehicular Manslaughter in the First Degree

1. A person is guilty of vehicular manslaughter in the first degree if: A. While operating a motor vehicle, vessel, or aircraft under the influence of alcohol or any controlled substance, they cause the death of another person. [Class C Felony]

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§100.07. Vehicular Manslaughter in the Second Degree

1. A person is guilty of vehicular manslaughter in the second degree if: A. While operating a motor vehicle, vessel, or aircraft, they recklessly cause the death of another person. [Class D Felony]

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§100.10. Aggravated Assault in the First Degree

1. A person is guilty of aggravated assault in the first degree if: A. With intent to cause serious physical injury, they cause such injury to a person or third person, and: (i) The intended victim was a police officer engaged in their official duties; or (ii) The intended victim was a firefighter, emergency medical technician, or other emergency responder engaged in their official duties. [Class C Felony]

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§100.11. Aggravated Assault in the Second Degree

1. A person is guilty of aggravated assault in the second degree if: A. With intent to prevent a police officer, firefighter, emergency medical technician, or other emergency responder from performing their duties, they cause physical injury to such person. [Class D Felony]

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§100.12. Assault on a Judge

1. A person is guilty of assault on a judge if: A. With intent to cause physical injury, they cause such injury for the purpose of preventing a judge or court officer from performing their duties. [Class C Felony]

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§100.13. Assault in the First Degree

1. A person is guilty of assault in the first degree if: A. With intent to cause serious physical injury, they cause such injury to another person, and: (i) They use a deadly or dangerous instrument; or (ii) The injury is caused during the commission or attempted commission of a felony, or during immediate flight from such crime. [Class D Felony]

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§100.14. Assault in the Second Degree

1. A person is guilty of assault in the second degree if: A. With intent to cause physical injury, they cause such injury to another person or third person in the course of committing or attempting a felony or immediate flight therefrom. [Class E Felony]

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§100.16. Vehicular Assault in the First Degree

1. A person is guilty of vehicular assault in the first degree if: A. While operating a motor vehicle under the influence of alcohol or controlled substances, they cause serious physical injury to another person. [Class E Felony]

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§100.17. Vehicular Assault in the Second Degree

1. A person is guilty of vehicular assault in the second degree if: A. While operating a motor vehicle, they cause serious physical injury to another person. [Class F Felony]

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§100.18. Menacing a Police Officer

1. A person is guilty of menacing a police officer if: A. They intentionally place a police officer in reasonable fear of physical injury by displaying a deadly weapon or dangerous instrument, knowing the victim is a police officer engaged in official duties. [Class E Felony]

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§100.21. Reckless Endangerment in the First Degree

1. A person is guilty of reckless endangerment in the first degree if: A. Under circumstances evincing depraved indifference to human life, they recklessly engage in conduct creating a grave risk of death to another person. [Class F Felony]

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§100.26. Kidnapping in the First Degree

1. A person is guilty of kidnapping in the first degree if they abduct another person where: A. Their intent is to compel a third person to deliver money or property as ransom, aid in the commission of a felony, or to refrain from engaging in a particular conduct; or B. They inflict physical injury upon the person or interfere with the performance of a governmental function; or C. The person dies during the abduction or before being returned safely. [Class B Felony]

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§100.27. Kidnapping in the Second Degree

1. A person is guilty of kidnapping in the second degree if they abduct another person. [Class C Felony]

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§100.28. Unlawful Imprisonment in the First Degree

1. A person is guilty of unlawful imprisonment in the first degree if they restrain another person under circumstances which expose such person to a risk of serious physical injury. [Class D Felony]

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§101.00. Grand Larceny in the First Degree

1. A person is guilty of grand larceny in the first degree if they steal property where: A. The value of the property exceeds one million dollars. [Class B Felony]

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§101.01. Grand Larceny in the Second Degree

1. A person is guilty of grand larceny in the second degree if: A. The value of the property exceeds one hundred thousand dollars; or B. The property, regardless of its nature or value, is obtained by extortion; or C. The property consists of a motor vehicle, vessel, or aircraft; or D. The property consists of an access device used to enter premises unlawfully. [Class C Felony]

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§101.02. Grand Larceny in the Third Degree

1. A person is guilty of grand larceny in the third degree if they steal property where: A. The value of the property exceeds three thousand dollars; or B. The property is a public record, writing, or instrument in the keeping of any public office or servant; or C. The property is obtained by extortion; or D. The property consists of one or more firearms; or E. The property consists of a motor vehicle, vessel, or aircraft; or F. The property consists of an access device used to enter premises unlawfully. [Class D Felony]

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§101.05. Robbery in the First Degree

1. A person is guilty of robbery in the first degree if: A. They forcibly steal property in the course of committing a crime or immediate flight therefrom and: (i) Cause serious physical injury to a person who is not a participant; or (ii) Are armed with a deadly weapon or dangerous instrument. [Class B Felony]

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§101.06. Robbery in the Second Degree

1. A person is guilty of robbery in the second degree if: A. They forcibly steal property and: (i) They are aided by another person actually present; or (ii) Cause physical injury to a person not participating in the offense; or (iii) The property consists of a motor vehicle, vessel, or aircraft. [Class C Felony]

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§101.07. Robbery in the Third Degree

1. A person is guilty of robbery in the third degree if they forcibly steal property without the aggravating factors listed in higher degrees. [Class D Felony]

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§101.08. Unauthorized Use of a Vehicle in the First Degree

1. A person is guilty of unauthorized use of a vehicle in the first degree if they, knowing they do not have the owner’s consent, take, operate, or otherwise use a motor vehicle with the intent to use it in the commission of a crime, or in the course, commission, or flight therefrom. [Class D Felony]

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§101.12. Possession of Stolen Property in the First Degree

1. A person is guilty of possession of stolen property in the first degree if they knowingly possess stolen property where: A. The value exceeds one hundred thousand dollars; or B. The property consists of one or more firearms; or C. The property consists of a motor vehicle, vessel, or aircraft. [Class C Felony]

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§102.00. Burglary in the First Degree

1. A person is guilty of burglary in the first degree if they: A. Enter or remain unlawfully in a dwelling with intent to commit a crime therein and, in effecting entry or while in the dwelling or immediate flight therefrom, they or another participant: (i) Cause physical injury to a person not participating in the crime; or (ii) Use or threaten the immediate use of a dangerous instrument. [Class C Felony]

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§102.01. Burglary in the Second Degree

1. A person is guilty of burglary in the second degree if they: A. Enter or remain unlawfully in a building with intent to commit a crime therein and, in effecting entry or immediate flight therefrom, they or another participant: (i) Cause physical injury to a person not participating in the crime; or (ii) Use or threaten the immediate use of a dangerous instrument. [Class D Felony]

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§102.02. Burglary in the Third Degree

1. A person is guilty of burglary in the third degree if they knowingly enter or remain unlawfully in a building with intent to commit a crime therein. [Class D Felony]

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§102.04. Unlawful Possession of an Access Device

1. A person is guilty of unlawful possession of an access device if they possess any access device capable of transmitting any frequency or otherwise gaining access to a door, gate, or entryway to a building, structure, or facility without permission. [Class D Felony]

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§103.10. Criminal Trespass

1. A person is guilty of criminal trespass if they: A. Enter or remain unlawfully in a building or fenced/enclosed area; or B. Possess or carry a dangerous or deadly weapon. [Class D Felony]

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§103.14. Criminal Impersonation in the First Degree

1. A person is guilty of criminal impersonation in the first degree if they pretend to be a police officer or public servant with intent to induce another to submit to such pretended authority or act in reliance upon it. [Class C Felony]

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§103.18. Criminal Use of an Access Device

1. A person is guilty of criminal use of an access device if they use any device to unlawfully gain access to a door, gate, or other entryway to a building, structure, or facility without permission. [Class C Felony]

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§104.05. Bribery or Bribe Receiving

1. A person is guilty of bribery or bribe receiving if they: A. Confer, offer, or agree to confer any benefit upon a public servant upon an agreement or understanding that such public servant’s vote, opinion, judgment, action, decision, or exercise of discretion will thereby be influenced; or B. Being a public servant, solicit, accept, or agree to accept any benefit from another person upon such an agreement or understanding. [Class D Felony]

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§104.08. Escape in the First Degree

1. A person is guilty of escape in the first degree if, having been arrested for, charged with, or convicted of a felony, they escape from custody. [Class C Felony]

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§104.20. Tampering with Physical Evidence

1. A person is guilty of tampering with physical evidence if, with intent that it be used in an official proceeding or prospective official proceeding, they: A. Knowingly make, devise, produce, or prepare physical evidence they know to be false; or B. Believe certain physical evidence is about to be produced or used in an official proceeding and suppress it by concealment, alteration, destruction, or other means; or C. Employ force, intimidation, or deception against a person to prevent production of evidence. [Class C Felony]

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§105.00. Possession of a Controlled Substance in the First Degree

1. A person is guilty of possession of a controlled substance in the first degree if they knowingly possess any controlled substance in an amount of twenty units or more. [Class C Felony]

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§105.01. Possession of a Controlled Substance in the Second Degree

1. A person is guilty of possession of a controlled substance in the second degree if they knowingly possess any controlled substance in an amount between ten and twenty units. [Class D Felony]

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§105.03. Sale of a Controlled Substance in the First Degree

1. A person is guilty of sale of a controlled substance in the first degree if they knowingly sell any controlled substance in an amount of twenty units or more. [Class B Felony]

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§105.04. Sale of a Controlled Substance in the Second Degree

1. A person is guilty of sale of a controlled substance in the second degree if they knowingly sell any controlled substance in an amount between ten and twenty units. [Class C Felony]

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§105.05. Sale of a Controlled Substance in the Third Degree

1. A person is guilty of sale of a controlled substance in the third degree if they knowingly sell any controlled substance in an amount up to ten units. [Class C Felony]

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§105.07. Possession of Precursors of Controlled Substances

1. A person is guilty of possession of precursors of controlled substances if they knowingly possess any such precursor chemicals with intent to manufacture a controlled substance. [Class D Felony]

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§106.00. Riot in the First Degree

1. A person is guilty of riot in the first degree if: A. They engage with seven or more persons in tumultuous and violent conduct creating grave risk of public alarm, and in the course of and as a result cause serious physical injury or property damage; or B. While in a correctional facility, with four or more other persons, engage in tumultuous and violent conduct, intentionally or recklessly causing grave risk of such conduct, and as a result cause serious physical injury or property damage. [Class C Felony]

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§106.04. Criminal Anarchy

1. A person is guilty of criminal anarchy if they: A. Advocate for the overthrow of the existing government by violence; or B. Distribute any document which advocates such overthrow; or C. Become a member of any organization advocating violent overthrow. [Class D Felony]

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§106.11. Falsely Reporting an Incident in the First Degree

1. A person is guilty of falsely reporting an incident in the first degree if, knowing the information is false, they initiate or circulate a false report of: A. An impending occurrence of a fire, explosion, or release of hazardous substance; or B. A crime involving danger to human life. [Class D Felony]

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§106.14. Placing a False Bomb or Hazardous Substance

1. A person is guilty of placing a false bomb or hazardous substance if they place or cause to be placed any object that appears to be or claims to contain an explosive, destructive device, or hazardous substance, but is in fact harmless. [Class D Felony]

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§108.00. Terrorism

1. A person is guilty of terrorism if, with intent to coerce or intimidate government or civilians, they commit or threaten to commit a crime involving murder, kidnapping, or a serious offense, thereby causing reasonable expectation of the offense. [Class A Felony]

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§108.01. Making a Terroristic Threat

1. A person is guilty of making a terroristic threat if, with intent to coerce or intimidate, they threaten to commit a serious offense and thereby cause reasonable expectation of the offense. [Class D Felony]

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§108.02. Criminal Possession of a Dangerous Weapon in the First Degree

1. A person is guilty of criminal possession of a dangerous weapon in the first degree if they possess: A. Any explosive substance; or B. Three or more firearms; or C. One or more class one firearms. [Class C Felony]

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§108.03. Criminal Possession of a Weapon in the Second Degree

1. A person is guilty of criminal possession of a weapon in the second degree if they possess: A. Two or more class three firearms; or B. One or more class two firearms. [Class D Felony]

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§108.04. Criminal Possession of a Weapon in the Third Degree

1. A person is guilty of criminal possession of a weapon in the third degree if they possess one or more class three firearms. [Class D Felony]

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§108.05. Criminal Possession of a Weapon in the Fourth Degree

1. A person is guilty of criminal possession of a weapon in the fourth degree if they possess any class one firearm or dangerous instrument. [Class E Felony]

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§108.06. Criminal Use of a Firearm in the First Degree

1. A person is guilty of criminal use of a firearm in the first degree if they display what appears to be a pistol, revolver, rifle, shotgun, machine gun, or other firearm in the commission of a felony. [Class E Felony]

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§108.07. Criminal Use of a Firearm in the Second Degree

1. A person is guilty of criminal use of a firearm in the second degree if they display what appears to be a pistol, revolver, rifle, shotgun, machine gun, or other firearm in the commission of a misdemeanor. [Class E Felony]

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§108.08. Trafficking of a Dangerous Weapon in the First Degree

1. A person is guilty of trafficking of a dangerous weapon in the first degree if they manufacture or transport any class one firearm or explosive substance. [Class D Felony]

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§108.09. Trafficking of a Weapon in the Second Degree

1. A person is guilty of trafficking of a weapon in the second degree if they manufacture or transport any class two firearm. [Class E Felony]

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§108.10. Trafficking of a Weapon in the Third Degree

1. A person is guilty of trafficking of a weapon in the third degree if they manufacture or transport any class three firearm or large-capacity ammunition feeding device. [Class E Felony]

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§108.11. Criminal Sale of a Weapon

1. A person is guilty of criminal sale of a weapon if they sell, exchange, give, or dispose of a firearm or large-capacity ammunition feeding device to another person, or possess such an item with the intent to sell, exchange, give, or dispose of it. [Class D Felony]

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§108.16. Fleeing from a Police Officer in a Motor Vehicle, Vessel, or Aircraft in the First Degree

1. A person is guilty of fleeing from a police officer in the first degree if, knowing they have been directed to stop by a police officer or by the activation of the lights and/or sirens of a police vehicle, they flee and cause serious physical injury to another person or the police officer. [Class D Felony]

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§108.17. Fleeing from a Police Officer in a Motor Vehicle, Vessel, or Aircraft in the Second Degree

1. A person is guilty of fleeing from a police officer in the second degree if, knowing they have been directed to stop by a police officer or by the activation of the lights and/or sirens of a police vehicle, they flee without causing serious physical injury. [Class E Felony]

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§110.37. Leaving the Scene of an Accident Involving Serious Physical Injury or Death

1. A person is guilty of leaving the scene of an accident involving serious physical injury or death if, being the operator of a motor vehicle and knowing such an accident occurred, they leave without displaying identification to the injured person and a police officer. [Class E Felony]

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§111.04. Operating a Vessel or Aircraft Under the Influence of Drugs Including Alcohol

1. A person is guilty of operating a vessel or aircraft under the influence of drugs, alcohol, or both. [Class E Felony]

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§111.06. Scuttling

1. A person is guilty of scuttling if they intentionally sink or otherwise destroy a vessel. [Class E Felony]

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§111.09. Poaching

1. A person is guilty of poaching if they kill or possess any endangered wildlife. [Class E Felony]