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G.
Offenses Against Public Justice

ACCEPTANCE OF BRIBES BY OFFICERS

Class E Felony Code §16-9-220
CDR Code 261

Elements Of The Offense:

1. That the accused did corruptly accept a gift or gratuity or promise of either, and
2. That the gift or gratuity or promise of either was to influence his act, decision or judgment in a given matter, and
3. That the matter was an official proceeding in which the person was acting or was to act in his official capacity, and
4. That his act, decision or judgment was for the benefit of the donor.

Note:

See §§16-9-240 and 250 for unlawful acceptance of consideration or remuneration by peace officers.

Penalty:

Imprisonment for not more than 10 years; or a fine not exceeding $5,000 and imprisonment for not more than 2 years. In addition, the accused shall forfeit his office and be forever disqualified to hold any public office in this State.

ACCEPTANCE OF BRIBE BY JUROR

Class F Felony

Code §16-9-270
CDR Code 259

Elements Of The Offense:

1. That the accused was accepted as a juror or was appointed as an arbitrator, umpire or referee, and
2. That the accused was offered a gift or gratuity from a party interested in the suit, cause or proceeding in which he sat, and
3. That the gift or gratuity was offered with the intent to corrupt or influence his act or decision in the matter, and
4. That the accused did corruptly accept the gift or gratuity.

Penalty:

Imprisonment for not more than 5 years or by fine not exceeding $1,000 and imprisonment not exceeding 1 year.

ACCEPTANCE OF EXTRA COMPENSATION

Class F Felony Code §16-9-230
CDR Code 235

Elements Of The Offense:

1. That the accused did accept a rebate or extra compensation in addition to that provided by law, and
2. That the accused is a person holding an office or position of trust or profit in this State or in the public institutions of this State.

Penalty:

Fine not less than $100 nor more than $500 or imprisonment for not less than 3 months nor more than 5 years.

AIDING ESCAPE FROM JAIL

Class E Felony or Class B Misdemeanor Code §16-9-410
CDR Codes 464-465

Elements Of the Offense:

A. That the accused did, by any means, aid and assist a prisoner to escape.

OR

B. That the accused did forcibly rescue a prisoner held in custody.

OR

C. 1. That the accused did arrange to convey into a jail or like institution, a disguise, instrument, tool, weapon or other thing to aid a prisoner in making an escape, and
  2. That the intent of this act was to aid in making escape easier.

Penalty:

If the offense is a Felony- Imprisonment for not more than 10 years.

AIDING ESCAPE FROM CUSTODY OF OFFICERS

Class B Misdemeanor Code §16-9-420
CDR Code 4

Elements Of the Offense:

1. That the accused did aid or assist a prisoner to escape or attempt to escape from an officer or person having lawful custody of such prisoner.

Penalty:

Imprisonment for not more than 2 years or a fine of not more than $500.

If the offense is a Misdemeanor- Imprisonment for not more than 2 years, or a fine of not more than $500 if the person whose escape or rescue was effected or intended was charged with a noncapital offense.

BRIBERY OF WITNESS IN CRIMINAL CASE

Class C Misdemeanor Code §16-9-370
CDR Codes 236-237

Elements Of the Offense:

1. That the accused knew of the commission of an offense.
2. That he took any money or reward.
3. That the accused had an agreement or understanding, express or implied, and
4. That such an agreement or understanding was that the accused would:
  a. compound the offense, or
  b. conceal the offense, or
  c. not prosecute the offense, or
  d. not give evidence as to the offense.

Penalty:

If the offense involved is a felony - Imprisonment for not more than 1 year or a fine of not more than $500, or both.

If the offense involved is a misdemeanor - Imprisonment for not more than 3 months, or a fine of not more than $100, or both.

CORRUPTING JURORS

Class F Felony

Code §16-9-260
CDR Codes 271

Elements Of the Offense:

1. That the accused corrupted or attempted to corrupt a juror, arbitrator, umpire or referee by giving, offering or promising a gift or gratuity, and
2. That the intent of the gift or gratuity was to bias the opinion or influence the decision of such person, and
3. That the matter in which the incident took place was a cause pending in the court or before an inquest or for the decision for which the person had been chosen or appointed.

Penalty:

Imprisonment for not more than 5 years; or a fine of not more than $1,000 dollars and imprisonment for not more than 1 year.

INFLUENCING A JUROR

Misdemeanor Code §16-9-350
CDR Code 310

Elements Of the Offense:

1. That the accused did:
  a. attempt, personally or through third parties,
  b. to influence the decision,
  c. of any grand or petit jury of any court in this State (or any prospective juror),
  d. upon any matter which is (or may be) pending before such juror, or the jury of which he may become a member, and
2.

That the accused did so attempt to influence said juror by means of written or oral communication.

Note:

Nothing in this section shall be construed to prohibit the communication of a request to appear before the grand jury, or other communication authorized by the court.

Penalty:

Imprisonment for not more than 6 months, or a fine of not more than $500, or both.

MISPRISON OF FELONY

Misdemeanor §17-25-30/Common Law
CDR Code 0781

Elements Of the Offense:

1. (a) That the accused did criminally neglect to prevent a felony from being committed.

OR

  (b) That the accused did criminally neglect to bring the felon to justice after the commission of the felony.
2. That there was not such previous contact or concert with or assistance of the felon as to make the accused an accessory before or after the fact.

Note:

Mere silence of failure to come forward is not enough to constitute misprison; there must be some positive act of concealment of the felony.

Penalty:

See §17-25-30.

OFFERING BRIBES

Class F Felony Code §16-9-210
CDR Code 262

Elements Of the Offense:

1. That the accused did corruptly offer, give, or promise a gift or gratuity to an official, and
2. That his intent was to influence the act, decision or judgment of said person, and
3. That the act, decision or judgment was to be in an official proceeding and the person to whom the gift or gratuity was given or offered was acting or was to act in his official capacity.

Penalty:

Imprisonment for not more than 5 years; or a fine of not more than $3,000 and imprisonment for not more than 1 year.

PERJURY AND SUBORDINATION OF PERJURY

Class F Felony Code §§16-9-10 and 16-9-30
CDR Codes 2377, 1157-1158, 2378 & 507

Elements Of The Offense:

(1) That the accused willfully gave false, misleading, or incomplete testimony under oath in any court of record, judicial, administrative, or regulatory proceeding in this State.

OR

(2) That the accused willfully gave false, misleading, or incomplete information on a document, record, report, or form required by the laws of this State.

Note:

For subordination of perjury in civil actions, see §16-9-20.

As an alternative, a magistrate or municipal judge may charge an individual with perjury under §16-9-30. Under this section, one may commit perjury by merely:

1. Wilfully and knowingly swearing falsely,
2. in taking any oath required by law,
3. administered by any person directed or permitted by law to administer an oath.

Penalty:

For violating (1) above - Imprisonment for not more than 5 years, or a fine in the discretion of the court, or both.

For violating (2) above - Imprisonment for not more than 6 months, or a fine of not less than $100, or both.

REFUSAL OR FAILURE TO OBEY SUBPOENA
REFUSAL TO TAKE OATH OR TESTIFY

Misdemeanor Code §16-9-330
CDR Codes 298-299

Elements Of the Offense:

A. That the accused was duly served with a legal subpoena issued by any court or legal authority, with regard to any matter pending before it, and
  a. refused or willfully failed to obey such subpoena, or
  b. did conceal himself.

OR

B. That the accused was before any court, and
  a. was called upon to give testimony and refused to take an oath or affirmation, or
  b. being sworn or affirmed, refused to answer any questions by such court.

Note:

Nothing in this section shall be construed to prohibit or punish the exercise of the constitutional right not to incriminate oneself.

Penalty:

Imprisonment for not more than 6 months, or a fine of not less than $100 nor more than $500, or both.

RESISTING ARREST OR SERVICE

Class E Felony or Class C Misdemeanor Code §16-9-320
CDR Codes 326, 256

Elements Of the Offense:

A. 1. That the accused did knowingly and wilfully;
    a. oppose or resist a law enforcement officer in serving, executing, or attempting to serve or execute, a legal writ or process, or
    b. resist an arrest when being made by one whom the person knows or reasonably should know is a law enforcement officer, whether with or without a warrant.
B. 1. That the accused did knowingly and willfully;
    a. assault, beat or wound a law enforcement officer who was serving or executing, or attempting to serve or execute, a legal writ or process, or
    b. assault, beat or wound an officer while the accused was resisting a lawful arrest, whether such arrest was with or without a warrant.

Penalty:

For violating "A" above - Fine of not less than $500 nor more than $1,000 or imprisonment for not more than 1 year, or both.

For violating "B" above - Fine of not less than $1,000 nor more than $10,000 or imprisonment for not more than 10 years, or both.

THREATENING JUDGE, JUROR OR WITNESS

Class F Felony

Code §16-9-340
CDR Code 2451

Elements Of the Offense:

1. That the accused did by threat or force, intimidate or impede any judge, magistrate, juror, witness, potential juror, potential witness, arbiter, commissioner, or member of any commission of this State in the discharge of his duty.

OR

2. That the accused did by threat or force destroy, impede, or attempt to obstruct or impede the administration of justice in any court.

Penalty:

Imprisonment for not more than 10 years, or a fine of not more than $10,000, or both.

WILLFUL FAILURE TO APPEAR IN COMPLIANCE WITH
UNIFORM TRAFFIC TICKET

Misdemeanor Code §56-25-40(b)
CDR Code 2192

Elements Of the Offense:

1. That the accused did willfully fail to appear before a court as required by a uniform traffic ticket, without
  a. having posted such bond as required by the court, or
  b. having been granted a continuance by the court.

Penalty:

Fine of not more than $200 or imprisonment for not more than 30 days.