Misdemeanor

[Jonathan Buhacoff]

Proposal:

A misdemeanor is a violation of law or regulation which does not harm other people or their property.

Law enforcement shall track misdemeanors for the purpose of issuing a warning on the first offense and for having a history of offenses available for rendering judgement on a repeated offense.

A misdemeanor is not considered a crime and the law enforcement response shall be form but non-violent. A person shall not be arrested for a first offense of a misdemeanor by itself. Law enforcement shall provide a citation of the law or regulation with a warning or fine.

Punishment for misdemeanors shall be pre-determined or calculated fines, adjustable for repeated offenses. The minimum amount may vary according to the nature of the misdemeanor offense.

In cases where the misdemeanor involves carrying a prohibited item, law enforcement may confiscate the item and it may or may not be eligible for return to the person depending on the nature of the prohibition and the circumstances. In cases where an item is eligible for return, law enforcement shall hold it for at least 30 days for the person or their attorney to pick it up in person at their own expense. The person shall forfeit the item if it is not picked up within that timeframe.

Intent:

This proposal is intended to redefine the term misdemeanor as a non-criminal offense and to guide the law enforcement response.

Sometimes a person is unaware of the law or unaware that they are violating it, so an appropriate response for a first offense is a citation of the law and a warning that repeated offenses shall result in fines. An arrest and court appearance are not needed, but the citation must also be mailed to the person’s home address to ensure they have a copy.

Discussion:

Some examples of offenses that may be considered misdemeanors:

* Driving faster than the indicated speed limit, or other “moving violations” or “parking violations” that do not result in an accident

* Crossing the street at a prohibited location

* Permit violations for construction or repairs, or other business activity, or hunting or fishing or other outdoor activity

* Permit violations for carrying weapons (open carry or concealed carry without a permit or eligibility or in an area where weapons are prohibited)

* Carrying prohibited items into an area in which they are prohibited, such as weapons or drugs or other dangerous materials onto public transportation, airplanes, or schools or other designated places

* Disobeying lawful orders from law enforcement (stop, move along, present identification, etc.)

* Indecent exposure or display of affection in public places or wherever it is prohibited

* Use of profanity or display of profanity in public places or wherever it is prohibited

* Disorderly conduct or intoxication in public or other disturbance of the peace

* Trespass on private or public property

* Sleeping or laying down in public places where it is prohibited

* Unintentional violations of law or regulation by corporations or self-employed persons who then correct the mistake upon receiving notice, such as failing to file required forms, or not following regulation

[Author]

Posts