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D.
Offenses Against the Peace

CONSPIRACY AGAINST CIVIL RIGHTS

Class F Felony
Code §16-5-10
CDR Code 269

Elements Of The Offense:

1. That the accused did, with two or more persons, band or conspire with them to go in disguise upon the public highway, or upon the premises of another with the intent to:
2. (a) Injure, oppress or violate the person or the property of another because of his political opinion,

OR

  (b) Prevent or obstruct a citizen in the free exercise and enjoyment of a right and privilege secured to him by the U. S. Constitution or by the State Constitution.

Note:

An indictment for this offense does not abrogate the law of conspiracy (§16-17-410) and has no reference to conspiracy to commit common law offenses.

 

Penalty:

Fine of not more than $2,000 or imprisonment for not more than 5 years, or both. In addition, a person convicted under this subsection is ineligible to hold any office of honor, trust, or profit in this State.

DESTROYING RECORDS IN PUBLIC BUILDING

Class A Misdemeanor
Code §16-7-170
CDR Code 274

Elements Of The Offense:

A.
1. That the accused did enter into a private or public school, college or university building, or any public building.
  2. That the purpose for entering said building was to destroy records or other property therein.

OR

  3. That the accused, after so entering, did in fact destroy or damage the records or other property thereof.

Penalty:

A fine not to exceed $5,000, or imprisonment for not more than 3 years.

FAILURE TO STOP FOR LAW ENFORCEMENT VEHICLE

Class A Misdemeanor, Felony
Code §56-5-750
CDR Codes 65, 2396-2398

Elements Of The Offense:

1.
That the accused drove on a road, street, or highway of this State.
2.
That the accused failed to stop when signaled by any law enforcement vehicle by means of a siren or flashing light, and
3.
That there were no mitigating circumstances.

Note:

An attempt to increase the speed of a vehicle or in other manner avoid the pursuing law enforcement vehicle when signaled is prima facie evidence of a violation of this section. Failure to see the flashing light or hear the siren does not excuse the failure to stop

Penalty:

First offense where no great bodily injury or death resulted - Fine of not less than $500 or imprisonment for not less than 90 days nor more than 3 years. The person's driver's license must be suspended for at least 30 days.
Second or subsequent offense where no great bodily injury or death resulted - Imprisonment for not more than 5 years. The person's driver's license must be revoked for a period of 1 year from the date of the conviction.
Where great bodily injury resulted - Imprisonment for not more than 10 years.
Where death resulted - Imprisonment for not more than 25 years.
The department must revoke the driver's license of any person who is convicted, where death or great bodily injury occurs for a period to include any term of imprisonment, suspended sentence, parole, or probation, plus 3 years.

HINDERING OFFICERS, RESCUING PRISONERS

Class C Misdemeanor
Code § 16-5-50
CDR Code 92

Elements Of The Offense:

1. That the accused did hinder, prevent or obstruct an officer or person charged with the execution of a warrant or other process issued under the provisions of Title 16, Chapter 5 (civil rights).

OR

2. That the accused did rescue or attempt to rescue a person from the custody of an officer or persons lawfully assisting him pursuant to process issued under the provisions of Title 16, Chapter 5 (civil rights).

OR

3. That the accused did aid, abet or assist a person arrested to escape from the custody of the arresting officer pursuant to process issued under the provisions of Title 16, Chapter 5 (civil rights).

OR

4. That the accused did harbor or conceal a person for whom an arrest warrant had been issued so as to prevent his discovery and arrest, having had notice that such warrant or process had been issued pursuant to the provisions of Title 16, Chapter 5 (civil rights).

Note:

See §24-13-420 as to harboring or employing escaped convicts.

See §16-9-320 for opposing or resisting officer serving other process.

Penalty:

Fine of not less than $50 nor more than $1,000 or imprisonment for not less than 3 months nor more than 1 year, or both.

RIOT

Class F Felony or Class B Misdemeanor
Code §16-5-130
CDR Codes 2366, 641, 711

Elements Of The Offense:

1. That the accused did riot, or did participate by instigating, promoting or aiding the same, whether personally present or not.

Note:

This section does not seek to prevent the peaceable assembling of persons for lawful purposes of protest or petition. A "riot" is a tumultuous disturbance of the peace by three or more persons acting together in the execution of some enterprise, lawful or unlawful, in such a violent and unauthorized manner as to create likelihood of public terror and alarm. (See §16-5-120).

Penalty:

If the purpose of the riot was to resist the enforcement of a State or Federal statute, or to obstruct a public officer in executing a mandate of a court, or if the offender carries a dangerous weapon, or is disguised, the penalty is imprisonment for not more than 5 years or a fine of not more than $1,000, or both.

If the accused directed, advised, encouraged, or solicited other persons participating in the riot to acts of force or violence, the penalty is imprisonment for not more than 2 years or a fine of not more than $500, or both.

In any other situation not mentioned above, the penalty is imprisonment for not more than 2 years or a fine of $250, or both.

RIOT, ROUT, OR AFFRAY

Misdemeanor
Code §16-5-120
CDR Code 1155

Elements Of The Offense:

1.
That the accused did engage in a riot, rout or affray.
2. That no weapon was used and no wound was inflicted.

Note:

A "rout" is the movement of unlawful assemblies on the way to carry out their common design; an attempt to commit an act which would be a "riot" if actually committed. An "affray" is a fight in a public place to the terror and alarm of the people. §16-5-130, a companion statute, covers more serious "riot" situations, and consequently, carries more severe penalties.

Penalty:

Fine of $100 or imprisonment for not more than 30 days.

SLANDER - LIBEL

Class C Misdemeanor
Code §16-7-150
CDR Code 146

Elements Of The Offense:

1.
That the accused did originate, utter, publish or circulate a false statement or matter.
2.
That the accused did so with malicious intent.
3. That the statement or matter shall tend to injure the character or reputation of the person about whom it was published or uttered.

Note:

The criminal action in no way abridges the right of the person injured to have a civil action for damages for libel or slander.

Penalty:

Fine of not more than $5,000 or imprisonment for not more than 1 year, or both.

 

STINK BOMBS

Class E Felony or Class A Misdemeanor
Code §16-7-160
CDR Codes 334, 414

Elements Of The Offense:

1. That the accused did throw, place, or deposit any stink bomb, tear gas bomb, or similar device which did contain foul or offensive odors, may inflict injury, or caused fear sufficient to incite a riot in or in close proximity to any public building, storehouse, theater, stadium, arena, private residence, boardinghouse, or other place where people lodge.

Note:

An officer engaged in his duties can not be charged under this section.

 

Penalty:

If serious bodily harm or injury does not occur, a fine of not more than $3,000 or imprisonment for not more than 3 years, or both.

If serious bodily harm or injury occurs, a fine of not more than $10,000 or imprisonment for not more than 10 years, or both. The court may order all or a portion of a fine to be paid to persons injured as a result of the violation to recover necessary medical expenses.

Violations of Emergency Proclamation

ILLEGAL ACTS DURING STATE OF EMERGENCY

Misdemeanor and Class E Felony
Code §16-7-10
CDR Codes 1156, 50

Elements Of The Offense:

A. 1. That the Governor did proclaim a state of emergency to exist in a given area.
  2. That during the proclamation, it is unlawful for a person to:
    a. violate a provision in the proclamation including, but not limited to, any curfew set forth by the proclamation
    b. congregate, unless authorized or in their homes, in groups of three or more and refuse to disperse at the order of an authorized official, or
    c. willfully fail to comply with any order of any law-enforcement officer,

OR

B. 1. That the Governor did proclaim a state of emergency to exist in a given area.
  2. That the accused did enter into the property of another, without lawful authority and with criminal intent to damage the property of another, or to take possession or otherwise disturb the property. (Looting)

OR

C. 1. That the Governor did proclaim a state emergency in a given area.
  2. That the accused charged unconscionable prices, or knowingly and willfully use a misleading practice or device to solicit the contribution or sale of goods or services for charitable purposes in connection with a declared state or emergency or disaster.

Penalty:

For violating "A" above - fine of not more than $100 or imprisonment for not more than 30 days, or both.

For violating "B" above - fine or imprisonment, or both, at the discretion of the court. The Court must order restitution pursuant to §17-25-322.

For violating "C" above - fine of not more than $1000 or imprisonment for not more than 30 days. [§§39-5-145 and 39-5-147].

 

WEARING MASKS - EXEMPTIONS

Class C Misdemeanor
Code §§16-7-110 and 16-7-130
CDR Code 317

Elements Of The Offense:

1. That the accused was over 16 years of age.
2. (a) That he did appear upon a lane, walk, alley, street, road, or highway or on public property while wearing a mask which concealed his identity.

OR

  (b) That he did appear or participate in any meeting or demonstration upon private property of another while wearing a mask and that he did so without the permission of the owner.

Note:

Section 16-7-130 exempts the following:

1. Persons wearing holiday costumes.
2. Persons wearing masks in trade for physical safety.
3. Persons in theatrical productions or masquerade balls.
4. Persons engaged in civil defense drills or in emergencies.

Penalty:

Fine of not more than $500 or imprisonment for not nor more than 1 year. (§16-7-140)

ACCESSORY BEFORE THE FACT

Felony
Code §16-1-40
CDR Code 2

Elements Of The Offense:

1. That the accused counseled, hired, or otherwise procured a felony.
2. That the person accused was not present when the offense was committed.
3. That the principal committed the crime.

Note:

The presence or absence of the accused at the commission of the crime is determinative of his status as an accessory before the fact or a principal in the second degree. If one was present at the commission of the crime either actively or constructively, he is a principal: if one was not present at the commission of the offense, he is chargeable under this section, but punishable as a principal. (See §16-1-50, Indictment and Conviction of Accessories).

Penalty:

The same penalty as the principal would receive.