Felony Misdemeanor

[Jonathan Buhacoff]

Proposal:

A felony misdemeanor is a violation of law or regulation which does not harm other people or their property, but was clearly intended to cause harm or was part of a plan to intentionally harm people or property, or evade law enforcement, or part of other unlawful activity or conspiracy.

Punishment for a felony misdemeanor shall include both fines and prison time.

Intent:

The intent of this proposal is to distinguish a regular misdemeanor with one that was intended to harm people or property or cover up a crime.

Felony misdemeanor includes all attempted crimes and conspiracies that were stopped before harm was done. A jury trial is required for a conviction and sentencing. The punishment for felony misdemeanor should vary according to the attempted crimes and the circumstances,

Discussion:

Some examples of felony misdemeanor include:

* Attempted armed robbery, assault, arson, burglary, injury, kidnapping, murder, or mutilation by any means, for example carrying a weapon to the scene of a planned attack, or attempting to poison someone

* Carrying explosives or weapons onto an airplane for the purpose of crashing or hijacking or any other attack on the flight, crew, passengers, or people or property on the land, water, or air

* Conduct that by itself may be lawful but is part of an intentional attempted crime, such as offering candy to a minor for the purpose of kidnapping

* Evading police

* Resisting arrest

* Tax evasion

* Intentional unlawful behavior, such as dumping chemicals in a river instead of the appropriate disposal method, or not following required safety procedures, to save time and money

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