§701-107  Grades and classes of offenses. 
(1)  An offense defined by this Code or by any other statute of this State for
which a sentence of imprisonment is authorized constitutes a crime.  Crimes are
of three grades:  felonies, misdemeanors, and petty misdemeanors.  Felonies
include murder in the first and second degrees, attempted murder in the first
and second degrees, and the following three classes:  class A, class B, and
class C.



(2)  A crime is a felony if it is so designated
in this Code or if persons convicted thereof may be sentenced to imprisonment
for a term which is in excess of one year.



(3)  A crime is a misdemeanor if it is so
designated in this Code or in a statute other than this Code enacted subsequent
thereto, or if it is defined in a statute other than this Code which provides
for a term of imprisonment the maximum of which is one year.



(4)  A crime is a petty misdemeanor if it is so
designated in this Code or in a statute other than this Code enacted subsequent
thereto, or if it is defined by a statute other than this Code that provides
that persons convicted thereof may be sentenced to imprisonment for a term not
to exceed thirty days.



(5)  An offense defined by this Code or by any
other statute of this State constitutes a violation if it is so designated in
this Code or in the law defining the offense or if no other sentence than a
fine, or fine and forfeiture or other civil penalty, is authorized upon
conviction or if it is defined by a statute other than this Code which provides
that the offense shall not constitute a crime.  A violation does not constitute
a crime, and conviction of a violation shall not give rise to any civil
disability based on conviction of a criminal offense.



(6)  Any offense declared by law to constitute
a crime, without specification of the grade thereof or of the sentence
authorized upon conviction, is a misdemeanor.



(7)  An offense defined by any statute of this
State other than this Code shall be classified as provided in this section and
the sentence that may be imposed upon conviction thereof shall hereafter be
governed by this Code. [L 1972, c 9, pt of §1; am L 1987, c 181, §1; am L 2005,
c 18, §1]



 



Cross References



 



  Authorized disposition of convicted defendants, see §706-605.



  Classes of felonies, see §706-610.



 



COMMENTARY ON §701-107



 



  This section makes it clear that the Code retains the ancient
distinction between felonies and misdemeanors, which is important for many
procedural purposes.  Its main thrust, however, is to govern the classification
of offenses defined outside the Code.  Subsection (7) declares that all
offenses are hereafter to be classified according to this section and punished
in accordance with this Code.  The purpose is to rationalize the often
anomalous classification and punishment of offenses that appear in many parts
of the statutory laws.



  Hereafter an offense is a felony if it is so designated or if
imprisonment for a term in excess of one year is possible.  A crime is a
misdemeanor if it is so designated in the Code or in a statute enacted after
the Code or if it is defined in another statute which sets the maximum term of
imprisonment at exactly one year.  Other crimes are petty misdemeanors.  This
will have the effect of reducing the possible sentence for crimes defined in
other statutes which provide now for imprisonment for periods ranging from 31
days to just under one year, because the maximum permissible period of
imprisonment for a petty misdemeanor is 30 days.  The alternative of making
such offenses misdemeanors was rejected, because such a classification would in
many cases have the undesirable effect of increasing the permissible punishment
to one year, the Code's maximum for misdemeanors.  However, subsection (6)
makes it clear that where no specification of grade or punishment is made, but
the offense is declared to be a crime, classification will be as a misdemeanor
for purposes of sentencing under this Code.



  Subsection (5) creates a class of non-criminal offenses,
called violations.  No imprisonment may follow conviction of a violation, nor
may any civil disabilities be imposed.  Classification as a violation would be
appropriate for many sumptuary offenses and other offenses of strict liability.



 



SUPPLEMENTAL COMMENTARY ON §701-107



 



  Act 181, Session Laws 1987, added language to this section to
reflect the recently created statutory murder and attempted murder crimes. 
These crimes are murder in the first and second degree and attempted murder in
the first and second degree.  Senate Standing Committee Report No. 1130.



  Act 18, Session Laws 2005, amended this section to clearly
define a petty misdemeanor as a criminal offense for which the maximum prison
term is not to exceed thirty days.  Act 18 addressed an inconsistency in the
Penal Code with respect to the statutory definition of a petty misdemeanor and
the maximum prison term that may be imposed for the conviction of a petty
misdemeanor offense.  Senate Standing Committee Report No. 1303.



 



Case Notes



 



  Driving under the influence of intoxicating liquor is a crime
as defined in subsection (1).  78 H. 54, 890 P.2d 291.



  "Choice of evils" defense applies to violations.  9
H. App. 115, 826 P.2d 884.



  Although a violation does not constitute a crime, it
constitutes a penal offense and the legislature intended its penalties to be
criminal penalties.  10 H. App. 220, 864 P.2d 1109.



  Defendant did not have a constitutional right to a jury trial
for a violation of §852-1, refusal to provide ingress or egress while walking a
labor picket line, where the maximum punishment was thirty days in jail or a
$200 fine, or both, and violation was thus a petty misdemeanor under subsection
(4).  110 H. 139 (App.), 129 P.3d 1167.



  Subsection (5) cited:  62 H. 222, 615 P.2d 730.