CRIME
& PUNISHMENT CHART

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CRIME

PUNISHMENT

ALCOHOL RELATED CRIMES

Drinking & Driving (DUI)
(1^st Offense)

Up to $700 Fine &/or Up to 90 Days in Jail
(revoke license for 30 days)

Drinking & Driving (DUI)
(2^nd Offense within 5 years)

Up to $3000 Fine & 30 Days to 1 Year in Jail
(revoke license for 180 days)

Drinking & Driving (DUI)
(3^rd Offense within 10 years)

Up to $3000 Fine & 90 Days to 1 Year in Jail
(revoke license for 180 days)

Drinking & Driving (DUI)
(4^th Offense within 10 years)

Up to $3000 Fine & 180 Days to 1 Year in Jail
(revoke license for 180 days)

Drinking & Driving (DUI)
(5^th Offense within 15 years)

Up to $3000 Fine & 1 Year in Jail
(revoke license for 180 days)

DUI Causing Death
(Criminal Vehicular Homicide)

Up to $20,000 Fine &/or Up to 10 Years in Penitentiary

Giving or Selling Alcohol to a Minor

Up to $3000 Fine &/or Up to 1 Year in Jail

Open Bottle of Alcohol in Vehicle

Up to $700 Fine &/or Up to 90 Days in Jail

Refusal to Submit to a Breathalyzer

Up to $700 Fine &/or Up to 90 Days in Jail
(revoke license for 90 days)

Underage Consumption or Purchase

$100 to $700 Fine & Up to 90 Days in Jail

Underage Drinking and Driving
(any amount)

Up to $700 Fine &/or Up to 90 Days in Jail
(1^st Offense Revoke License for 30 Days/ 2^nd Offense 180 Days)

CRIMES AGAINST THE PERSON

Assault
(simple)

Up to $700 Fine &/or Up to 90 Days in Jail

Assault
(aggravated, use of weapon)

Felony, Up to $14,000 Fine &/or Up to 7 Years in Penitentiary

Assault on a School Official
(simple)

Up to $3000 Fine &/or Up to 1 Year in Jail

Assault on a Police Officer
 (simple) 

Felony, Up to $4000 Fine &/or Up to 2 Years in Penitentiary

Assault on Police Officer
(deadly force)

Felony, Up to $30,000 Fine & 10 to 20 Years in Penitentiary

Domestic Assault
(1^st Offense)

Up to $700 Fine &/or Up to 90 Days in Jail

Domestic Assault
(2^nd Offense)

Up to $3000 Fine &/or Up to 1 Year in Jail

Domestic Assault
(3^rd Offense)

Felony, Up to $10,000 Fine &/or Up to 5 Years in Penitentiary

Assisting Suicide

Felony, Up to $30,000 Fine &/or Up to 15 Years in Penitentiary

Kidnapping (general)

Felony, Up to $35,000 Fine &/or Up to 20 Years in Penitentiary

Kidnapping
(victim under 16 or resulting in great bodily harm)

Felony, Up to $50,000 Fine &/or Up to 40 Years in Penitentiary

Knowing Transfer of
Communicable Disease

May be Prosecuted as Murder, Assault, or Attempt to Commit Murder or Assault.

Manslaughter

Felony, Up to $30,000 Fine &/or Up to 15 Years in Penitentiary

Manslaughter with Culpable Negligence

Felony, Up to $20,000 Fine &/or Up to 10 Years in Penitentiary

Murder
(1^st degree)

Felony, Life Imprisonment

Murder
(2^nd degree)

Felony, Up to 40 Years in Penitentiary

Murder
(3^rd degree, depraved mind)

Felony, Up to 25 Years in Penitentiary

Murder
(3^rd degree, supplying controlled substance)

Felony, Up to $40,000 Fine &/or Up to 25 Years in Penitentiary

Robbery

Felony, Up to $20,000 Fine &/or Up to 10 Years in Penitentiary

Robbery
(aggravated)

Felony, Up to $35,000 Fine &/or Up to 20 Years in Penitentiary

Stalking
(1st Offense)

Up to $3000 Fine &/or Up to 1 Year in Jail

CRIMES AGAINST THE ADMINISTRATION OF JUSTICE

False Reporting of a Crime
(1^st Offense)

Up to $700 Fine &/or Up to 90 Days in Jail

False (Giving False Name to Police)

Up to $700 Fine &/or Up to 90 Days in Jail

False (Giving Someone Else’s Name to Police)

Up to $3000 Fine &/or Up to 1 Year in Jail

Obstruction of Justice / Resisting Arrest

Up to $700 Fine &/or Up to 90 Days in Jail

Obstruction of Justice / Resisting Arrest
(with use of force)

Up to $3000 Fine &/or Up to 1 Year in Jail

Obstruction of Justice / Resisting Arrest
(risk of bodily harm or death)

Felony, Up to $10,000 Fine &/or Up to 5 Years in Penitentiary

Perjury

Felony, Up to $10,000 Fine &/or Up to 5 Years in Penitentiary

Perjury
(during felony trial)

Felony, Up to $14,000 Fine &/or Up to 7 Years in Penitentiary

Tampering with a Witness

Felony, Up to $10,000 Fine &/or Up to 5 Years in Penitentiary

CRIMES AGAINST THE COMMUNITY / PUBLIC MISCONDUCT

Adulteration
(Poisoning or Drugging Resulting in Death)

Felony, Up to $100,000 Fine &/or Up to 40 Years in Penitentiary

Adulteration
(Poisoning or Drugging Resulting in Illness)

Felony, Up to $20,000 Fine &/or Up to 10 Years in Penitentiary

Disorderly Conduct

Up to $700 Fine &/or Up to 90 Days in Jail

False Alarm (fire)

Up to $700 Fine &/or Up to 90 Days in Jail

Interfering with Privacy
Voyeurism (peeping Tom)

1^st Offense: Up to $700 Fine &/or Up to 90 Days in Jail

2^nd Offense Up to $3000 Fine &/or Up to 1 Year in Jail

Terroristic Threats

Felony, Up to $10,000 Fine &/or Up to 5 Years in Penitentiary

Begging – Tramps – Vagrancy

Up to $700 Fine &/or Up to 90 Days in Jail

CRIMES AGAINST THE FAMILY

Adultery

Up to $3000 Fine &/or Up to 1 Year in Jail

Bigamy

Felony, Up to $10,000 Fine &/or Up to 5 Years in Penitentiary

Child Neglect or Endangerment

Up to $3000 Fine &/or Up to 1 Year in Jail

Child Neglect or Endangerment (resulting in substantial harm)

Felony, Up to $10,000 Fine &/or Up to 5 Years in Penitentiary

Incest

Felony, Up to 10 Years in Penitentiary

Malicious Punishment of a Child

Up to $3000 Fine &/or Up to 1 Year in Jail

Malicious Punishment of a Child
(resulting in substantial bodily harm)

Felony, Up to $10,000 Fine &/or Up to 5 Years in Penitentiary

Malicious Punishment of a Child (resulting in great bodily harm)

Felony, Up to $20,000 Fine &/or Up to 10 Years in Penitentiary

Non-Support of Spouse or Child

Up to $700 Fine &/or Up to 90 Days in Jail

Non-Support of Spouse or Child
(90 to 180 days)

Up to $3000 Fine &/or Up to 1 Year in Jail

Non-Support Of Spouse or Child
(over 180 days)

Felony, Up to $5000 Fine &/or Up to 2 Years in Penitentiary

DRUG POSSESSION

Marijuana
(42. 5 grams or less)

Petty Misdemeanor, Up to $200 Fine

Marijuana
(over 42. 5 grams)

1^st Offense Felony, Up to $10,000 Fine &/or Up to 5 Years in Pen.

Marijuana
(10 kg or more w/in 90 days)

1^st Offense Felony, Up to $250,000 Fine &/or Up to 20 Years in Pen.

Marijuana
(50 kg or more)

1^st Offense Felony, Up to $500,000 Fine &/or Up to 25 Years in Pen.

Marijuana
(100 kg or more)

1^st Offense Felony, Up to $1,000,000 Fine &/or Up to 30 Years in Pen.

Marijuana in a Motor Vehicle

Up to $700 Fine &/or Up to 90 Days in Jail

Cocaine, Heroin, Methamphetamine (any amount)

1^st Offense Felony, Up to $10,000 Fine &/or Up to 5 Years in Pen.

Cocaine, Heroin, Methamphetamine
(3 g or more within 90 days)

1^st Offense Felony, Up to $250,000 Fine &/or Up to 20 Years in Pen.

Cocaine, Heroin, Methamphetamine
(6 g or more)

1^st Offense Felony, Up to $500,000 Fine &/or Up to 25 Years in Pen.

Cocaine, Heroin, Methamphetamine 
(25 g or more)

1^st Offense Felony, Up to$1,000,000 Fine &/or Up to 30 Years Pen.

Drug Paraphernalia

Up to $200 Fine

DRUG SALE, MANUFACTURE, POSSESSION WITH INTENT TO SELL

Marijuana
(42. 5 grams or less)

1^st Offense Petty Misdemeanor, Up to $200 Fine

Marijuana
(over 42. 5 grams)

1^st Offense Felony, Up to $10,000 Fine &/or Up to 5 Years in Pen.

Marijuana
(5 kg or more within 90 days)

1^st Offense Felony, Up to $250,000 Fine &/or Up to 20 Years in Pen.

Marijuana
(25 kg within 90 days)

1^st Offense Felony, Up to $500,000 Fine &/or Up to 25 Years in Pen.

Marijuana
(50 kg or more within 90 days)

1^st Offense Felony, Up to $1,000,000 Fine &/or Up to 30 Years in Pen.

Cocaine, Heroin, Methamphetamine (any amount)

1^st Offense Felony, Up to $100,000 Fine &/or Up to 15 Years in Pen.

Cocaine, Heroin, Methamphetamine
(3 g or more within 90 days)

1^st Offense Felony, Up to $500,000 Fine &/or Up to 25 Years in Pen.

Cocaine, Heroin, Methamphetamine
(10 g or more within 90 days)

1^st Offense Felony, Up to $1,000,000 Fine &/or Up to 30 Years in Pen.

Manufacture Methamphetamine
(any amount)

1^st Offense Felony, Up to $1,000,000 Fine &/or Up to 30 Years in Pen.

Drug Paraphernalia
(possession or manufacture for delivery)

Misdemeanor, Up to $700 Fine &/or Up to 90 Days in Jail

New Federal Law Passed 10-7-98

Under Student Aid Laws, 1^st Conviction of Possession cannot obtain any Government Student Aid, Loans or Grants for 1 Year. 2^nd Conviction, 2 Yrs, 3^rd Conviction, Indefinite. 1^st Conviction of Sale, 2 years, 2^nd Conviction, Indefinite.

GENERAL PROVISIONS AND SENTENCING

Accomplice in a Crime

Person is Criminally Liable for Crime Committed by Other Person

Attempt to Commit Crime

Up to ½ the Maximum Fine or Imprisonment or Up to 20 Years if Sentence for Crime Attempted is Life Imprisonment.

Conspiracy to Commit a Misdemeanor

Up to $300 Fine &/or Up to 90 Days in Jail

Conspiracy to Commit a Felony or
Gross Misdemeanor

Up to ½ the Term of Imprisonment &/or Up to ½ the Fine Provided for that Crime

Minimum Fines

Felony, Gross Misdemeanor, and Misdemeanor Offenses are Subject to a Mandatory Fine of at Least 30% of the Maximum Fine Authorized by Law.

Petty Misdemeanor

Up to $200 Fine

Misdemeanor

Up to $700 Fine &/or Up to 90 Days in Jail

Gross Misdemeanor

Up to $3000 Fine &/or Up to 1 Year in Jail

Felony

Up to $10,000 Fine &/or Up to 5 Years in Penitentiary
(1 Year or less Jail / over 1 Year Pen.)

Crime Committed for Benefit of a Gang
(crime committed is felony)

Statutory maximum becomes 3 years longer than the statutory maximum for the underlying crime.

Crime Committed for Benefit of a Gang
(crime committed is gross misdemeanor)

Guilty of Felony, Up to $5000 Fine &/or Up to 1 Year & 1 Day in Penitentiary

Crime Committed for Benefit of a Gang
(crime committed is misdemeanor)

Guilty of Gross Misdemeanor, Up to $3000 Fine &/or Up to 1 Year in Jail

Minors 14 to 17 may be Designated an Extended Jurisdiction Juvenile (for a Felony Offense)

Minor Receives a Juvenile Disposition, and an Adult Sentence that is Stayed Until Individual Reaches 21.

Minors 16 to 17 May be Prosecuted as an Adult (for Felony Offense)

Parole

Must Serve a Minimum of 2/3 the Imposed Sentence and Spend the Remainder of Sentence on Supervised Release.

Increased Sentence

Sentence May be Increased for Certain Dangerous and Career Offenders, and Patterned Sex Offenders.

LIFE Sentence

Some mandatory-life-sentence crimes allow possibility of parole after serving a minimum of 30 Years (or after 17 Years if sentenced for treason)

Statutes of Limitations

Generally 5 to 9 Years

MISCELLANEOUS

Abuse of Emergency 911 number

Up to $700 Fine &/or Up to 90 Days in Jail

Animal Fights

Felony, Up to $10,000 Fine &/or Up to 5 Years in Penitentiary

Animals (cruelty or killing)
(1^st Offense)

Up to $700 Fine &/or Up to 90 Days in Jail

Animals (cruelty or killing)
(2^nd Offense)

Up to $3000 Fine &/or Up to 1 Year in Jail

Bribery
(political candidates or athletic contest)

Felony, Up to $10,000 Fine &/or Up to 5 Years in Penitentiary

Causing a Minor to Commit a Felony

Up to ½ the Maximum Term &/or

Up to ½ the Maximum Fine for the Intended Crime

Causing a Minor to Commit a Gross Misdemeanor

Up to $3000 Fine &/or Up to 1 Year in Jail

Contributing to Delinquency / Neglect of Minor

Up to $3000 Fine &/or Up to 1 Year in Jail

Indecent Exposure

Up to $700 Fine &/or Up to 90 Days in Jail

Indecent Exposure
(1^st Offense in front of a minor under 16)

Up to $3000 Fine &/or Up to 1 Year in Jail

Indecent Exposure
(2^nd Offense in front of a minor under 16)

Felony, Up to $10,000 Fine &/or Up to 5 Years in Penitentiary

Obscene / Harassing Phone Calls

Up to $700 Fine &/or Up to 90 Days in Jail

Tobacco
(sale to a minor under 18)

Up to $3000 Fine &/or Up to 1 Year in Jail

Tobacco
(gift to minor under 18)

Up to $700 Fine &/or Up to 90 Days in Jail

Tobacco
(minor in possession of)

Up to $200 Fine

PROPERTY CRIMES

Arson
(1^st degree dwelling)

Felony, Up to $20,000 Fine &/or Up to 20 Years in Penitentiary

Arson
(1^st degree occupied building)

Felony, Up to $35,000 Fine &/or Up to 20 Years in Penitentiary

Arson
(2^nd degree other buildings)

Felony, Up to $20,000 Fine &/or Up to 10 Years in Penitentiary

Burglary
of Occupied Dwelling

Felony, Up to $35,000 Fine & 6 Mo to 20 Years in Penitentiary

Burglary
of Dwelling, Pharmacy, or Financial Institution

Felony, Up to $20,000 Fine &/or Up to 10 Years in Penitentiary

Burglary
Involving Felony or Gross Misdemeanor

Felony, Up to $10,000 Fine &/or Up to 5 Years in Penitentiary

Burglary 
Involving Misdemeanor

Up to $3000 Fine &/or Up to 1 Year in Jail

Burglary
with Dangerous Weapon or Explosives

Felony, Up to $35,000 Fine &/or Up to 20 Years in Penitentiary

Damage to Property
(up to $250)

Up to $700 Fine &/or Up to 90 Days in Jail

Damage to Property
($250 to $500)

Up to $3000 Fine &/or Up to 1 Year in Jail

Damage to Property
(over $500)

Felony, Up to $10,000 Fine &/or Up to 5 Years in Penitentiary

Possession of Burglary Tools

Felony, Up to $5000 Fine &/or Up to 3 Years in Penitentiary

Trespassing

Up to $700 Fine &/or Up to 90 Days in Jail

SEX CRIMES

Criminal Sexual Conduct (1^st degree)
(sexual penetration involving difference in age, use of force, dangerous weapon, or personal injury)

Felony, Up to $40,000 Fine &/or Up to 30 Years in Penitentiary

Criminal Sexual Conduct (2^nd degree)
(sexual contact involving difference in age, use of force, dangerous weapon, or personal injury)

Felony, Up to $35,000 Fine &/or Up to 25 Years in Penitentiary

Criminal Sexual Conduct (3^rd degree)
(sexual penetration involving difference in age or use of force)

Criminal Sexual Conduct (4^th degree)
(sexual contact involving difference in age or use of force)

Felony, Up to $20,000 Fine &/or Up to 10 Years in Penitentiary

Criminal Sexual Conduct (5^th degree)
(nonconsensual sexual contact or exhibition of genitals in presence of minor under the age of 6)

Up to $3000 Fine &/or Up to 1 Year in Jail

Fornication

Up to $700 Fine &/or Up to 90 Days in Jail

Prostitution
(involving minor under 13)

Felony, Up to $40,000 Fine &/or Up to 20 Years in Penitentiary

Prostitution
(involving minor 13 to 15)

Felony, Up to $20,000 Fine &/or Up to 10 Years in Penitentiary

Prostitution
(involving minor 16 to 17)

Felony, Up to $10,000 Fine &/or Up to 5 Years in Penitentiary

Prostitution
(solicitation in public place)

Up to $3000 Fine &/or Up to 1 Year in Jail

Child Solicitation
(to engage in sexual conduct)

Felony, Up to $5000 Fine &/or Up to 3 Years in Penitentiary

THEFT, FORGERY, FRAUD

Check Forgery or Credit Card Fraud
($250 or less)

Up to $3000 Fine &/or Up to 1 Year in Jail

Check Forgery or Credit Card Fraud
($250 to $2500)

Felony, Up to $10,000 Fine &/or Up to 5 Years in Penitentiary

Check Forgery or Credit Card Fraud
(over $2500)

Felony, Up to $20,000 Fine &/or Up to 10 Years in Penitentiary

Check Forgery or Credit Card Fraud
(over $35,000)

Felony, Up to $100,000 Fine &/or Up to 20 Years in Penitentiary

Issuance of Dishonored Checks
($250 or less)

Up to $700 Fine &/or Up to 90 Days in Jail

Issuance of Dishonored Checks
($250 to $500)

Up to $3000 Fine &/or Up to 1 Year in Jail

Issuance of Dishonored Checks
(over $500)

Felony, Up to $10,000 Fine &/or Up to 5 Years in Penitentiary

Tampering with a Motor Vehicle

Up to $700 Fine &/or Up to 90 Days in Jail

Theft
(firearm)

Felony, Up to $100,000 Fine &/or Up to 20 Years in Penitentiary

Theft
 (motor vehicle $500 or less)

Felony, Up to $10,000 Fine &/or Up to 5 Years in Penitentiary

Theft or Receiving Stolen Property
($250 or less)

Up to $700 Fine &/or Up to 90 Days in Jail

Theft or Receiving Stolen Property
($250 to $500)

Up to $3000 Fine &/or Up to 1 Year in Jail

Theft or Receiving Stolen Property
($500 to $2500)

Felony, Up to $10,000 Fine &/or Up to 5 Years in Penitentiary

Theft or Receiving Stolen Property
(over $2500)

Felony, Up to $20,000 Fine &/or Up to 10 Years in Penitentiary

Theft or Receiving Stolen Property
(over $35,000)

Felony, Up to $100,000 Fine &/or Up to 20 Years in Penitentiary

Ticket Scalping

Misdemeanor, Up to $700 Fine &/or Up to 90 Days Jail

TRAFFIC OFFENSES

Driving Without a Valid License

Up to $700 Fine &/or Up to 90 Days in Jail

Driving After Cancellation as Inimical to Public Safety

Up to $3000 Fine &/or Up to 1 Year in Jail

Expired Vehicle Registration

Petty Misdemeanor, Up to $200 Fine

Handicap Parking Violation

Petty Misdemeanor, $100 to $200 Fine

Hitchhiking

Petty Misdemeanor, Up to $200 Fine

Leaving Scene of Accident
(resulting in death)

Felony, Up to $5000 Fine &/or Up to 3 Years in Penitentiary

Leaving Scene of Accident
(resulting in great bodily harm)

Felony, Up to $4000 Fine &/or Up to 2 Years in Penitentiary

Leaving Scene of Accident
(resulting in substantial bodily harm)

Up to $3000 Fine &/or Up to 1 Year In Jail

Leaving Scene of Accident
(resulting in injury or failure to notify police of injury)

Up to $3000 Fine &/or Up to 1 Year In Jail

Leaving Scene of Accident
(property damage)

Up to $700 Fine &/or Up to 90 Days in Jail

Littering Highway

2^nd Offense $400 to $700 Fine & Up to 90 Days in Jail

No Insurance or Proof of Insurance

$200 to $700 Fine & Up to 90 Days in Jail

2nd Offense in 10 Years Gross Misdemeanor, $200 to $3000 Fine

& Up to 1 Year in Jail

Reckless or Careless Driving

Up to $700 Fine &/or Up to 90 Days in Jail

School Bus (passing)

Up to $3000 Fine &/or Up to 1 Year In Jail

Seat Belt Violation for Child

Up to $50 Fine

Moving Violations (generally)

Petty Misdemeanor, Up to $200 Fine

WEAPONS

Exhibiting a Deadly Weapon

Up to $700 Fine &/or Up to 90 Days in Jail

Exhibiting a Deadly Weapon
(public housing, school, or park)

Up to $3000 Fine &/or Up to 1 Year in Jail

Furnishing a Firearm to a Minor

Felony, Up to $20,000 Fine &/or Up to 10 Years in Penitentiary

Possession of Firearm
(after conviction of crime of violence)

Felony, Up to $30,000 Fine &/or Up to 15 Years in Penitentiary

Possession of Firearm on School Property

Felony, Up to $5000 Fine &/or Up to 2 Years in Penitentiary

Possession of Firearm
(without permit)

1^st Offense
Up to $3000 Fine &/or Up to 1 Year in Jail

2^nd Offense
Felony, Up to $10,000 Fine &/or

Up to 5 Years in Penitentiary

Reckless Discharge of Firearm

Felony, Up to $5000 Fine &/or Up to 2 Years in Penitentiary

Reckless Discharge of Firearm
(municipality, public housing, school or park)

Felony, Up to $10,000 Fine &/or Up to 5 Years in Penitentiary

Drive-By Shooting

Felony, Up to $6000 Fine &/or Up to 3 Years in Penitentiary

Drive-By Shooting
(occupied vehicle or building)

Felony, Up to $20,000 Fine &/or Up to 10 Years Penitentiary