The examples and perspective in this deal primarily with the United States, China, and Taiwan and do not represent a worldwide view of the subject.(May 2015) |
Criminal law |
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Scope of criminal liability |
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Inchoate offenses |
Offense against the person |
Sexual offenses |
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Crimes against the public |
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Disorderly conduct is a crime in most jurisdictions like the United States and the People's Republic of China. Typically, "disorderly conduct" makes it a crime to be drunk in public, to "disturb the peace", or to loiter in certain areas. Many types of unruly conduct may fit the definition of disorderly conduct, as such statutes are often used as "catch-all" crimes. Police may use a disorderly conduct charge to keep the peace when people are behaving in a disruptive manner, but otherwise present no danger.
Disorderly conduct is typically classified as an infraction or misdemeanor in the United States. However, in certain circumstances (e.g., when committed in an airport, a park, a government office building, or near a funeral) it may be a felony in some US states. [1]
A basic definition of disorderly conduct defines the offense as:
Indiana's definition of "disorderly conduct" is modeled after the Model Penal Code's definition, and is typical, but not identical, to similar laws on the statute books of other U.S. states. It covers a large variety of potential acts in its prohibition. "Fighting" is perhaps the clearest act within the scope of its prohibition, and "tumultuous conduct" is "conduct [...] likely to result in serious bodily injury to a person or substantial damage to property." But exactly what constitutes "tumultuous conduct", "unreasonable noise", or "disrupt[ing] a lawful assembly" are matters that are far harder to decide, and as such disorderly conduct statutes give police officers and other authorities fairly broad discretion to arrest people whose activities they find undesirable for a wide variety of reasons. Potential punishments include a jail term, fine, probation, restraining orders, or community service.
In some jurisdictions, wearing a mask in public may constitute disorderly conduct. [3]
The federal regulations about disorderly conduct:
U.S. courts confronted with cases stemming from disorderly conduct arrests have from time to time had occasion to restrict the broad and vague definitions of the statute to make certain that freedom of speech and assembly and other forms of protected expression under the First Amendment were not affected. [5] [ example needed ] Common law jurisdictions have accumulated precedents that refine interpretation of vague statutes. Courts have had occasion to curb its scope to make certain that people were (or could have been) aware that their conduct was, in fact, within the prohibition of the statute, as required by the due process clause of the Fourteenth Amendment.[ example needed ] However, no court has struck down a disorderly conduct statute as being per se unconstitutionally vague or overbroad. Courts have been willing to strike down vagrancy ordinances which are nearly as vague and do not give adequate warning.
California Penal Code § 415 which is similar to the Model Penal Code reiteration above actually concerns disturbing the peace. However, in California disorderly conduct (California Penal Code § 647) lists what acts constitute disorderly conduct.
Articles 277 to 304 of the Criminal Law of the People's Republic of China, revised and promulgated on 14 March 1997 and effective as of 1 October 1997, criminalize many kinds of disorderly conducts in the jurisdiction of the People's Republic of China. [6]
Articles 23 to 29 of the Law of the People’s Republic of China on Penalties for Administration of Public Security, adopted and promulgated on 28 August 2005 and effective as of 1 March 2006, administratively penalize non-criminal disorderly conducts in Mainland China. [7]
Effective on 1 July 1935, Articles 149 to 160 of the Criminal Code of the Republic of China criminalize many kinds of disorderly conducts in the jurisdiction of the Republic of China, which has shifted to Taiwan since 1949. [8]
Promulgated on 29 June 1991, Articles 63 to 79 of the Social Order Maintenance Act administratively penalize non-criminal disorderly conducts in Taiwan. [9]
The age of consent is the age at which a person is considered to be legally competent to consent to sexual acts. Consequently, an adult who engages in sexual activity with a person younger than the age of consent is unable to legally claim that the sexual activity was consensual, and such sexual activity may be considered child sexual abuse or statutory rape. The person below the minimum age is considered the victim, and their sex partner the offender, although some jurisdictions provide exceptions through "Romeo and Juliet laws" if one or both participants are underage and are close in age.
An inchoate offense, preliminary crime, inchoate crime or incomplete crime is a crime of preparing for or seeking to commit another crime. The most common example of an inchoate offense is "attempt". "Inchoate offense" has been defined as the following: "Conduct deemed criminal without actual harm being done, provided that the harm that would have occurred is one the law tries to prevent."
In law, attendant circumstances are the facts surrounding an event.
Child sex tourism (CST) is tourism for the purpose of engaging in the prostitution of children, which is commercially facilitated child sexual abuse. The definition of child in the United Nations Convention on the Rights of the Child is "every human being below the age of 18 years". Child sex tourism results in both mental and physical consequences for the exploited children, which may include sexually transmitted infections, "drug addiction, pregnancy, malnutrition, social ostracism, and death", according to the State Department of the United States. Child sex tourism, part of the multibillion-dollar global sex tourism industry, is a form of child prostitution within the wider issue of commercial sexual exploitation of children. Child sex tourism victimizes approximately 2 million children around the world. The children who perform as prostitutes in the child sex tourism trade often have been lured or abducted into sexual slavery.
A citizen's arrest is an arrest made by a private citizen – a person who is not acting as a sworn law-enforcement official. In common law jurisdictions, the practice dates back to medieval England and the English common law, in which sheriffs encouraged ordinary citizens to help apprehend law breakers.
Solicitation is the act of offering, or attempting to purchase, goods and/or services. Legal status may be specific to the time or place where it occurs. The crime of "solicitation to commit a crime" occurs when a person encourages, "solicits, requests, commands, importunes or otherwise attempts to cause" another person to attempt or commit a crime, with the purpose of thereby facilitating the attempt or commission of that crime.
Unlawful assembly is a legal term to describe a group of people with the mutual intent of deliberate disturbance of the peace. If the group is about to start an act of disturbance, it is termed a rout; if the disturbance is commenced, it is then termed a riot. In England, the offence was abolished in 1986, but it exists in other countries.
Public intoxication, also known as "drunk and disorderly" and "drunk in public", is a summary offense in some countries rated to public cases or displays of drunkenness. Public intoxication laws vary widely by jurisdiction, but usually require an obvious display of intoxicated incompetence or behavior which disrupts public order before the charge is levied.
In criminal law, a conspiracy is an agreement between two or more people to commit a crime at some time in the future. Criminal law in some countries or for some conspiracies may require that at least one overt act be undertaken in furtherance of that agreement, to constitute an offense. There is no limit to the number participating in the conspiracy and, in most countries, the plan itself is the crime, so there is no requirement that any steps have been taken to put the plan into effect. For the purposes of concurrence, the actus reus is a continuing one and parties may join the plot later and incur joint liability and conspiracy can be charged where the co-conspirators have been acquitted or cannot be traced. Finally, repentance by one or more parties does not affect liability but may reduce their sentence.
"Stop and identify" statutes are laws in several U.S. states that authorize police to lawfully order people whom they reasonably suspect of committing a crime to state their name. If there is not reasonable suspicion that a person has committed a crime, is committing a crime, or is about to commit a crime, the person is not required to identify himself or herself, even in these states.
The ages of consent for sexual activity vary from age 15 to 18 across Australia, New Zealand and other parts of Oceania. The specific activity and the gender of its participants is also addressed by the law. The minimum age is the age at or above which an individual can engage in unfettered sexual relations with another person of minimum age. Close in age exceptions may exist and are noted where applicable. In Vanuatu the homosexual age of consent is set higher at 18, while the heterosexual age of consent is 15. Same sex sexual activity is illegal at any age for males in Papua New Guinea, Kiribati, Samoa, Niue, Tonga and Tuvalu; it is outlawed for both men and women in the Solomon Islands. In all other places the age of consent is independent of sexual orientation or gender.
Loitering is the act of standing or waiting around idly without purpose in some public places.
Vagrancy is the condition of wandering homelessness without regular employment or income. Vagrants, rogues, tramps or drifters) usually live in poverty and support themselves by travelling while engaging in begging, scavenging, or petty theft. In Western countries, vagrancy was historically a crime punishable with forced labor, military service, imprisonment, or confinement to dedicated labor houses.
In the United States, each state and territory sets the age of consent either by statute or the common law applies, and there are several federal statutes related to protecting minors from sexual predators. Depending on the jurisdiction, the legal age of consent is between 16 and 18. In some places, civil and criminal laws within the same state conflict with each other.
There are a number of sexual offences under the law of England and Wales, the law of Scotland, and the law of Northern Ireland.
Criminal law is a system of laws that is connected with crimes and punishments of an individual who commits crimes. In comparison, civil law is where the case argues their issues with one entity to another entity with support of the law. Crimes can vary in definition by jurisdiction but the basis for a crime are fairly consistent regardless.
Aggressive panhandling is a legal term for unlawful forms of public begging. Proponents of such legislation advocate placing limits on these activities. Some opponents believe statutes prohibiting aggressive panhandling are part of the "criminalization of homelessness" and argue that such laws are discriminatory or unevenly enforced.
Expungement in the United States is a process which varies across jurisdictions. Many states allow for criminal records to be sealed or expunged, although laws vary by state. Some states do not permit expungement, or allow expungement under very limited circumstances. In general, once sealed or expunged, all records of an arrest and of any subsequent court proceedings are removed from the public record, and the individual may legally deny or fail to acknowledge ever having been arrested for or charged with any crime which has been expunged.
Refusing to assist a police officer, peace officer or other law enforcement officer is an offence in various jurisdictions around the world. Some jurisdictions use the terminology '"refusing to aid a police officer" or "failure to aid a police officer".
The Texas Penal Code is the principal criminal code of the U.S. state of Texas. It was originally enacted in 1856 and underwent substantial revision in 1973, with the passage of the Revised Penal Code, in large part based on the American Law Institute's Model Penal Code.