Article 6

 

§6.01.          Degrees of Felonies

(1)   There are three degrees of felonies: (a) first degree, (b) second degree, and (c) third degree.  Big deal.  If we don’t say otherwise, a felony is third degree.

(2)   Anything called a felony that’s defined in other statutes is of the third degree unless we say otherwise.

 

§6.06.           Sentence of Imprisonment for Felony; Ordinary Terms

(1)   If you commit a first degree felony, the punishment is a minimum of one to ten years to a maximum of life.

(2)   If you commit a second degree felony, the punishment is a minimum of one to three years to a maximum of ten years.

(3)   If you commit a third degree felony, the punishment is a minimum of one to two years with a maximum of five years.

 

Alternative §6.06.   Sentence of Imprisonment for Felony; Ordinary Terms

(1)   Here, the minimum is one to 10 but the max is 20 to life.

 

§6.08.          Sentence of Imprisonment for Misdemeanors and Petty Misdemeanors; Ordinary Terms

 

               You can’t get locked up for more than a year for a misdemeanor or more than 30 days for a petty misdemeanor.  That’s odd, because based on §1.04, this takes down a notch crimes that are not explicitly referred to as misdemeanors but have a maximum sentence of less than a year.

 

               For example, if loitering is currently not labeled by any particular class of crimes and the maximum penalty is six months in jail, and then I adopt the MPC, loitering automagically becomes a petty misdemeanor and gets knocked down to a maximum sentence of only 30 measly days.  I guess I could just change my local statute to call it a misdemeanor, though.

 

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