§701-118 - General definitions.
§701-118 General definitions. In this
Code, unless a different meaning plainly is required:
(1) "Statute" includes the Constitution of
the State and a local law or ordinance of a political subdivision of the State;
(2) "Act" or "action" means a
bodily movement whether voluntary or involuntary;
(3) "Omission" means a failure to act;
(4) "Conduct" means an act or omission, or,
where relevant, a series of acts or a series of omissions, or a series of acts
and omissions;
(5) "Actor" includes, a person who acts,
or, where relevant, a person guilty of omission;
(6) "Acted" includes, where relevant,
"omitted to act";
(7) "Person," "he,"
"him," "actor," and "defendant" include any
natural person, including any natural person whose identity can be established
by means of scientific analysis, including but not limited to scientific
analysis of deoxyribonucleic acid and fingerprints, whether or not the natural
person's name is known, and, where relevant, a corporation or an unincorporated
association;
(8) "Another" means any other person and
includes, where relevant, the United States, this State and any of its
political subdivisions, and any other state and any of its political
subdivisions;
(9) "State" means a state of the United
States, the District of Columbia, the Commonwealth of Puerto Rico, and any
territory or possession of the United States; and
(10) "Law enforcement officer" means any
public servant, whether employed by the State or county or by the United
States, vested by law with a duty to maintain public order or, to make arrests
for offenses or to enforce the criminal laws, whether that duty extends to all
offenses or is limited to a specific class of offenses. [L 1972, c 9, pt of §1;
am L 2001, c 91, §2; am L 2005, c 112, §3]
Cross References
Other definitions, see under specific chapters of this Code.
COMMENTARY ON §701-118
Act 91, Session Laws 2001, amended this section by providing
a definition of "law enforcement officer". The term "peace
officer", as used in the Penal Code, caused the Intermediate Court of
Appeals to question whether the term meant "law enforcement
officer". Act 91 resolved the ambiguity by providing a definition of
"law enforcement officer" and substituting that term for "peace
officer" [in the Penal Code]. Conference Committee Report No. 23.
Act 112, Session Laws 2005, established a statewide
deoxyribonucleic acid database and data bank identification program for all
convicted felons. Conference Committee Report No. 184. Act 112 amended this
section by amending the definition of "person," "he,"
"him," "actor," and "defendant".
Case Notes
A dolphin is not "another" within the meaning of
paragraph (8). 1 H. App. 19, 613 P.2d 1328.