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H.
Offenses Against Public Policy

BLACKMAIL

Class E Felony Code §16-17-640
CDR Code 30

Elements Of The Offense:

1. That the accused attempted to, threatened to, or did verbally, in print, or in writing or by electronic communications:
  a. Accuse another of a crime or offense;
  b. Expose or publish any of another's personal or business acts, infirmities or failings;
  c. Compel any person to do any act, or to refrain from doing any lawful act, against his will, and
2. That the intent of the accused was to extort money or any other thing of value from the person.
3. That his act, decision or judgment was for the benefit of the donor.

Penalty:

Fine of not more than $5,000 or imprisonment for not more than 10 years, or both.

COCKFIGHTING

Unclassified Misdemeanor Code §16-17-650
CDR Code 619

Elements Of The Offense:

1. (a) That the accused did engage in cockfighting in this State.

OR

  (b) That the accused was present at a cockfight in this State.

Penalty:

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

CONTRIBUTING TO THE DELINQUENCY OF A MINOR

Class A Misdemeanor Code §16-17-490
CDR Code 48

Elements Of The Offense:

1. That the accused was over eighteen years of age, and
2. That the accused did willfully encourage, aid or cause or did an act to cause or influence a minor to: (one or more of the following)
  a. Violate any law or municipal ordinance.
  b. Become and be incorrigible or ungovernable, habitually disobedient, and beyond the control of parents, guardian or lawful authority.
  c. Become and be habitually truant.
  d. Repeatedly desert his home without consent or just cause.
  e. Engage in an occupation in violation of the law.
  f. Associate with immoral or vicious persons.
  g. Frequent any place the existence of which is against the law.
  h. Habitually use obscene or profane language.
  i. Beg or solicit alms in any public place under any pretense.
  j. Deport himself as to wilfully injure or endanger his morals or health of others.

Penalty:

Fine of not more than $3,000 or imprisonment of not more than 3 years, or both.

DESTRUCTION OR DESECRATION OF HUMAN REMAINS

Misdemeanor, Class E or F Felony

Code §16-17-600
CDR Codes 471-473, 429

Elements Of The Offense:

A. 1. That the accused willfully and knowingly,
    a. Destroyed or damaged the remains of a deceased human being;
    b. Removed a portion of the remains of a deceased human being from a burial ground where human skeletal remains are buried;
    c. Desecrated human remains.

OR

B. 2. That the accused willfully and knowingly,
    a. Obliterated, vandalized, or desecrated a burial ground where human skeletal remains are buried,
    b. Defaced, vandalized, injured, or removed a gravestone or other memorial monument,
    c. Obliterated, vandalized, or desecrated a park or other area clearly designed to preserve the memory of a deceased person.
C. 3. That the accused willfully and knowingly,
    a. stole anything of value located upon or around a repository for human remains or within a human graveyard, cemetery, or memorial park; OR
    b. destroyed, tore down, or injured fencing, plants, trees, shrubs, or flowers located upon or around a repository for human remains or graveyard.

Penalty:

For violating "A" above - Felony - Fine of not more than $5,000 or imprisonment of not less than 1 year nor more than 10 years, or both.

For violating "B" above - Felony -Fine of not more than $5,000 or imprisonment for not more than 10 years, or both.

For violating "C" above - Felony - Fine of not more than $5,000 or imprisonment for not more than 5 years, or both.

If the violation of "C" is less than $200, the offense is triable in magistrate's court and is punishable by a fine or imprisonment of not more than is permitted by law without presentment or indictment by the grand jury ($500 or 30 days), and the person must be required to perform up to 250 hours of community service in an amount to be determined by the court.

If the violation of "C" is $200 or more-Felony- Fine of not more than $5000 or imprisonment for not more than 5 years, or both, and must be required to perform not more than 500 hours of community service.

DISTURBING SCHOOLS

Unclassified Misdemeanor Code §16-17-420
CDR Code 331

Elements Of The Offense:

1. (a) That the accused wilfully and unnecessarily interfered with or disturbed the students or teachers of any school or college.

OR

  (b) That the accused did loiter about such school or college premises.

OR

  (c) That the accused did act in an obnoxious matter.

OR

  (d) That the accused did enter upon any school or college premises or did loiter upon same without the permission of the principal or president in charge.

Penalty:

Fine of not less than $100 nor more than $1,000 or imprisonment of not less than 30 days nor more than 90 days.

IMPERSONATING LAW-ENFORCEMENT OFFICER

Class C Misdemeanor Code §16-17-720
CDR Code 88

Elements Of The Offense:

1. That the accused did represent to another that he was a law-enforcement officer, and acting upon such representation, did arrest or detain another, or did search any building or automobile, or did in any way impersonate a law-enforcement officer.

Note:

Nothing herein prohibits a private citizen from making a citizen's arrest in accordance with the laws of this State.

Penalty:

Fine of not more than $500 or imprisonment for not more than 1 year.

INTERFERENCE WITH FIRE AND POLICE ALARM BOXES

Unclassified Misdemeanor Code §16-17-570
CDR Code 309

Elements Of The Offense:

1. That the accused did willfully, maliciously or mischievously interfere with, or did cut or injure any pole, wire, insulator or alarm box, or did give a false alarm from such box, or did break the glass in such box of any fire or police system within this State.

Penalty:

Fine of not more than $200 or imprisonment for not less than 60 days.

"PEEPING TOM" - EAVESDROPPING

Class A Misdemeanor Code §16-17-470(A)
CDR Code 120

Elements Of The Offense:

1. That the accused was an eavesdropper or a peeping tom on or about the premises of another or did go about the premises for that purpose; or
2. That the accused did use video or audio equipment for the purpose as peeping through windows, doors, or other like place, on or about the premises of another, for the purpose of spying upon or invading the privacy of another.

Note:

This section is not applicable to law officers performing their official duties. (See §16-17-480).

Penalty:

Fine of not more than $500 or imprisonment for not more than 3 years, or both.

PUBLIC DISORDERLY CONDUCT

Unclassified Misdemeanor Code §16-17-530
CDR Code 622

Elements Of The Offense:

1. (a) That the accused was found on any highway or at any public place or public gathering in a grossly intoxicated condition or was conducting himself in a disorderly or boisterous manner.

OR

  (b) That the accused did use obscene or profane language on any highway, public place, gathering, or in hearing distance of any church or schoolhouse.

OR

  (c) That the accused, while under the influence of intoxicating liquor or feigning to be, without just cause or excuse, did discharge a gun, pistol or other firearm while upon or within fifty yards of a public road or highway, and not on his own premises.

Note:

§§56-5-2930 and 56-5-2940 pertain to driving under the influence of intoxicating liquors and other drugs.

Penalty:

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

"SCALPING"

Unclassified Misdemeanor Code §16-17-710
CDR Code 643

Elements Of The Offense:

1. That the accused did sell or offer for sale a ticket good for admission to any athletic contest, sporting, entertainment, or amusement event where an admission price is charged, and did request or receive a price in excess of one dollar of the price charged by the original seller.

Note:

The sale or offer of sale of each ticket shall constitute a separate offense.

Penalty:

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

UNLAWFUL PURCHASE OR TRANSPORTATION OF COPPER WIRE OR PIPE

Class C Misdemeanor Code §16-17-680
CDR Code 1221-1222, 270

Elements Of The Offense:

A. 1. That the accused did purchase copper wire, copper pipe, copper bars, or copper sheeting in excess of ten pounds from another person, and
  2. That the person who sold the copper did not possess a retail license, was not an authorized wholesaler, or
  3. That the accused did not obtain and verify the name and address of the seller.

OR

B. 1. That the accused did transport or have in his possession on public highways, in any vehicle other than one normally used in business for transporting copper wire, copper pipe, copper bars, or copper sheeting, with the aggregate weight of such copper being more than twenty-five pounds, unless he has:
    a. a bill of sale from (1) a licensed retailer of copper pipe or wire; or (2) an authorized wholesaler of such goods; or (3) a registered dealer in scrap metals; or
    b. a certificate of origin signed by the sheriff of the county in which the goods were purchased.

Note:

Records kept by a purchaser of copper must be maintained and kept open for inspection by law enforcement officials or local and state governmental agencies.

Penalty:

First offense - fine of not more than $200 or imprisonment for not more than 30 days.

Second offense - fine of not more than $500 or imprisonment for not more than 1 year, or both.

Third or subsequent offense - fine of not more than $1,000 or imprisonment of not more than 3 years, or both.

UNLAWFUL TO TRANSPORT CHILD OUTSIDE STATE TO VIOLATE CUSTODY ORDER

Class A Misdemeanor Code §16-17-495
CDR Code 338, 2522, 2523

Elements Of The Offense:

(A) (1) That the accused did willfully take, transport, or cause to be taken or transported a child under the age of 16 from the legal custodial for the purpose of concealing the child, or circumventing or avoiding the custody order established by a court of this State or another State or established pursuant to Section 20-7-953B.
  (2) That the accused did willfully take or transport, or cause to be taken or transported a child under the age of 16 when a pleading has been filed and served seeking a determination of the custody of the child for the purpose of concealing the child, or circumventing or avoiding the custody proceeding.

Note:

This section applies to "anyone" including parents, but requires the element of intent to violate the custody order. If a person keeps a child outside the state for more than 72 hours, it is permissible to infer that the person intended to commit this violation.

Penalty:

Subsection (A)(1) or (2) - Felony - Fine in the discretion of the court or imprisoned not more than 5 years, or both.

Subsection (A)(1) or (2) - Child returned to legal custodian or to court in which custody petition filed within 3 days of violation - Misdemeanor - Fine in discretion of court or imprisoned not more than 3 years, or both.

Note:

If the taking or transporting of the child in violation of subsections (A)(1) or (2) is by physical force or the threat of physical force, the person is guilty of a felony.

Penalty:

Fine in discretion of court or imprisoned not more than 10 years, or both.

Note:

Person who violates the provisions of section may be required by the court to pay necessary travel and other reasonable expenses, including attorney's fees incurred by the party entitled to the custody of the child or by a witness or law enforcement.

UNLAWFUL USES OF TELEPHONE

Unclassified Misdemeanor Code §16-17-430
CDR Code 87, 646

Elements Of The Offense:

1. That the accused did anonymously or otherwise: (any one of the following)
  a. Use in a telephonic communication or any other electronic means any words or language of a profane, vulgar, lewd, lascivious or indecent nature, or threaten any unlawful act with the intent to coerce, intimidate, or harass another person, or convey by telephone or other electronic means an obscene, vulgar, indecent, profane, suggestive, or immoral message to another person.
  b. Telephone or electronically contact another repeatedly, regardless of whether or not conversation ensues for the purpose of annoying or harassing another person or his family.
  c. Make a telephone call and intentionally fail to hang up or disengage the connection in order to interfere with the phone service of another.
  d. Telephone or contact by electronic means another and make false statements concerning the death or injury of any family member of the person called with the intent to annoy or frighten that person.
  e. Knowingly permit a telephone under his control to be used for any of the prohibited purposes listed above.

Penalty:

For violations of any of the above - Fine in the amount of not less than $100.00 nor more than $500.00 or imprisonment for not more than 30 days.

VOYEURISM

Class A Misdemeanor, Class E and F Felony Code §16-17-470(B), (C)
CDR Code 2865-2867

Elements of the Offense:

(B) That the accused did for the purpose of arousing or gratifying sexual desire of any person, knowingly views, photographs, audio records, video records, produces, or creates a digital electronic file, or films another person, without that person's knowledge and consent, while the person is in a place where he or she would have a reasonable expectation of privacy.
(C) That the accused did knowingly sell or distribute any photograph, audio recording, video recording, digital electronic file, or film of another person taken or made without that person's knowledge or consent.

Penalty:

Violation of subsection B above - First Offense - Fine of not more than $500 or imprisoned not more than 3 years, or both.

Violation of subsection B above - Second or Subsequent offense - Fine not less than $500. or more than $5,000 or imprisoned not more than 5 years, or both.

Violation of subsection C above - Fine of not less than $500 or more than $5,000 or imprisoned not more than 10 years, or both.

Note:

This section is not applicable to law officers performing their official duties. (See Section 16-17-480).