Bell assignment What is the difference between a felony and misdemeanor? List three crimes you think would fit under each category. Explain briefly why you think they should be a felony or misdemeanor?

Types of misdemeanors and felonies

Class 1 misdemeanors Embezzlement under $5,000 3rd degree assault Sexual assault with a 15 – 17 year old Theft of trade secrets 2nd degree forgery Child abuse Promotion of obscenity Desecration of worship, burial, human remains areas Cruelty to animals Possession of marijuana Tampering with an ignition device

Class 2 misdemeanor Impersonating a notary public Harassment of juror Theft under $100 2nd degree arson – damage less than $100 Defacing public/private property Obtaining a signature by deception Harboring a minor Keeping a place of prostitution Resisting arrest Impersonating police officer Abuse of corpse

Class 3 misdemeanors Failure to obey a summons Practice veterinary services without a license 4th Degree Arson – less than $100 Abandonment of motor vehicle Fraud check writing – under $100 Altering identification numbers Soliciting prostitution Indecent exposure – person 15 or older Disorderly conduct Hazing Interference with a disabled person Failure to report child abuse/neglect Mutilation of library property

Class 4, 5, 6 misdemeanors Voting more than once in an election Intimidation Liquor near polls Violating cemeteries – trespassing Dispensing violent films to minors Taking wildlife without a hunting license Illegal sale of wildlife Driving on a suspended license Allowing a stolen vehicle to be stored on your property

What do you think? With a partner discuss if there any misdemeanor crimes that you felt should have been felonies? Explain your answer.

Class 1 Felonies 1st degree murder (planned/intent) Murder of a police officer or fireman Kidnapping (plans and carries out – person is seriously injured) Assault during escape (uses a weapon, injures someone) Treason (giving aid/information during war)

Class 2 Felonies Criminal attempt (intentionally engages in conduct that hurts another) 2nd Degree Murder – (knowingly causes one’s death) 1st Degree Kidnapping (kidnapped but didn’t harm) 2nd Degree Kidnapping (victim sexually assaulted/robbed) Sexual assault (depends on the injury) 1st Degree Burglary (controlled substances within a pharmacy)

Class 2 Felonies Aggravated robbery of controlled substances (uses a weapon) Child abuse (child dies) Sexual assault juvenile – (child assaulted by one of trust) Sexual assault juvenile (uses force) Pandering child (induces child prostitution) Aiding an escape of convict Explosive devices used Controlled substances (dispensing, sale)

Class 3 felonies Fraudulent practices Unprofessional medical practices Conspiracy to commit a class 2 or 3 felony Criminal solicitation (persuades another to commit a class 2 felony) 2nd Degree Murder (heat of passion, provoked person) Vehicular homicide (under substance – driving kills someone) 2nd Degree Assault (injures someone during a crime) Criminal extortion (force someone to do something unwillingly)

Class 3 felonies Sexual assault (physical force without consent) 1st Degree Arson 1st Degree Burglary Aggravated Robbery (weapon) Theft over $15,000 Theft receiving (person gets items valued $15,000) Unauthorized financial device (stealing credit card) Pimping Sexual exploitation child Child abuse (negligence causes child’s death) Child abuse (negligence causes serious injury)

Class 4 Felonies Death by negligence Manslaughter (accidental death – ex. bar fight) Sexual assault by a therapist Arson – damage over $100 Robbery Theft/damages $500 - $15,000 Contributing to the delinquency of a minor Incest (marries sister, brother, aunt, uncle, niece, nephew) Accessory to a crime

Class 4 felonies Perjury Bribing a juror Harassment – stalking Animal fighting Schedule II substances (sell, buy, use) Possession of a dangerous weapon/illegal

Class 5 felonies Charity fraud Election forgery Falsify worker’s compensation records Gambling/selling liquor without a license Tax evasion Counterfeit chips/tokens/equipment Nonsupport of spouse/children Falsify name of other’s use of medical insurance 3rd degree burglary (vaults, safe, vending machines, etc) Domestic violence Prostitution knowing you have AIDS

Class 5 felonies Sexual conduct in penal institutions (officer with inmate) Disarming a police officer Riots in a correctional institute Embezzlement of public property Ethnic/racial intimidation causing harm Use of stun gun Illegal discharge of firearms Possession of explosives Illegal sale of wildlife

Class 6 felonies Engaging in fictitious sales Dealing/transporting without licenses Medical practice without license Assault in the heat of passion Failure to register as a sex offender Fraudulent check writing Bigamy Obscenity of minor Tampering with evidence Forging titles Misuse of property/funds/military

What do you think? Were there any felonies that you felt should have been misdemeanors? Were there any felonies that you felt should have received a higher classification? Discuss this with a partner and explain each of your responses.