Felony Restorable Violation

Proposal:

A felony restorable violation is any violation of rights which can be corrected by action or for which the victim can be compensated financially, where the victim was not physically harmed or killed, but where the crime was clearly part of a plan or conspiracy to harm one or more people.

Judgment for felony restorable violations shall include corrective action, full monetary compensation to the victim, or both, in addition to prison time and a fine.

In cases involving public property or public lands, the victim is the government as the representative of the people.

Intent:

To define a category of crime which includes both intentional damage to property and any violation of rights that do not involve physical harm or death of a person, and for which the victim can be compensated with money. The category also includes incidental damage to property or violation of rights that occurred as part of an attempted crime or as part of a criminal plan or conspiracy.

Discussion:

Examples of felony restorable violations include:

* Armed robbery

* Arson

* Burglary

* Kidnapping

* Presenting false evidence or false testimony in a trial which leads to wrongful conviction of an innocent person with a prison sentence up to one year, or only fines without a prison sentence

* Unlawful imprisonment

* Vandalism that is part of a hate crime or intimidation or harassment