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The Association thanks Todd Martens, District Attorney from Washington County, for allowing us to use the list of common criminal offense he developed.


ELEMENTS OF COMMON CRIMINAL OFFENSES

Crime Statute Elements
Burglary (unarmed) 943.10 Class F Felony
  • intentionally entered the building / dwelling of another
  • did not have the consent of the owner or person in lawful possession to enter
  • knew that they did not have the consent to enter
  • at the time entry intended to steal or commit a felony
Theft ($2500 or less) 943.20 Class A Misd.
  • intentionally took and carried away movable property of another
  • did not have the consent of the owner to take and carry away this property
  • knew that they did not have the consent of the owner to take and carry away this property
  • intended to permanently deprive the owner of possession of the property
Operating Motor Vehicle Without Consent of Owner 943.23(3) Class I Felony
  • intentionally drove / operated a vehicle of another
  • the driving / operating of such vehicle was without the consent of the owner
  • knew that such driving/operating was without the owner’s consent
Robbery (no dangerous weapon) 943.32 Class E Felony
  • took property from the person or in the presence of the owner
  • used force or the threat of force against the person or the owner
  • intended the force or threat of force to overcome the physical resistance or physical power of resistance to the taking and carrying away of the property
Receiving Stolen property ($2500 or less) 943.34(1) Class A Misd.
  • intentionally received / concealed property
  • the property was stolen property
  • knew or believed that the property was stolen when it was received / concealed
Retail theft (shoplifting) ($2500 or less) 943.50(1m) Class A Misd.
  • intentionally took and carried away merchandise held for resale by a merchant
  • did not have the consent of the merchant to take and carry away this merchandise
  • knew that they did not have the consent of the merchant to take and carry away this merchandise
  • intended to permanently deprive the merchant of possession of the merchandise
Obstructing or Resisting an Officer 946.41 Class A Misd.
  • obstructed an officer by conduct that prevented or made more difficult the performance of the officer’s duties or resisted an officer
  • the officer was doing an act in an official capacity
  • the officer was doing an act with lawful authority
  • knew that the officer was an officer acting in an official capacity and with lawful authority
  • knew that conduct would obstruct / resist the officer
Disorderly Conduct 947.01 Class B Misd.
  • engaged in violent / abusive / indecent / profane / boisterous / unreasonably loud / or otherwise disorderly conduct
  • conduct, under the circumstances, tended to cause or provoke a disturbance
Battery (bodily harm only) 940.19(1) Class A Misd.
  • caused bodily harm to a victim
  • intended to cause bodily harm to that victim (or another person)
  • the victim did not consent to such bodily harm
  • knew that the victim did not consent
Battery (to law enforcement officer) 940.20(2) Class H Felony
  • caused bodily harm to a victim
  • the victim was a law enforcement officer
  • the victim was acting in an official capacity
  • knew, or had reason to know, that the victim was a law enforcement officer acting in an official capacity
  • the victim did not consent to the causing of bodily harm
  • act was intentionally
Sexual Assault, 4th Degree 940.225(3m) Class A Misd.
  • had sexual contact with a victim
  • had sexual contact with the victim with the intent to become sexually aroused or gratified
  • the victim did not consent to the sexual contact
Endangering Safety by use of a Dangerous Weapon 941.20(1) Class A Misd.
  • operated / handled a dangerous weapon
  • operated / handled a dangerous weapon in a manner constituting criminal negligence
  • such criminal negligence endangered the safety of another person
Recklessly Endangering Safety 941.30(1) Class F Felony
  • endangered the safety of another human being
  • endangered that person’s safety by criminally reckless conduct
  • the circumstances of my conduct showed utter disregard for human life
Criminal Damage to Property 943.01 Class A Misd.
  • caused damage to physical property of another
  • intended to cause such damage
  • did not have consent of the owner to damage the physical property
  • knew that they did not have the consent of the owner to damage the physical property
Possession of a Controlled Substance 961.41(3g) Unclass. Misd.
  • possessed a substance
  • the substance was a controlled substance
  • knew or believed that the substance was a controlled substance
Possession of Drug Paraphernalia 961.573
  • possessed an object
  • the object was drug paraphernalia
  • _______________________________ is a controlled substance
  • intended to use the object to ingest/inhale/inject the above-named controlled substance
Delivery of a Controlled Substance 961.41(1)
  • delivered a substance
  • the substance was a controlled substance
  • knew or believed that the substance was a controlled substance
Issuance of a Worthless Check ($2500 or less) 943.24 Class A Misd.
  • issued a check
  • at the time the check was issued, intended that it not be paid
Forgery (Uttering) 943.38(2) Class H Felony.
  • the writing was one by which legal rights or obligations are created or transferred
  • the writing was falsely made/altered
  • the writing was issued (or uttered) as genuine
  • was known the writing was falsely made / altered
Operating Without a Valid Driver’s license 343.05
  • operated a motor vehicle on a public highway of this state
  • did not hold a valid operator’s license at the time the the motor vehicle was operated
Operating after Revocation 343.44
  • operated / drove a motor vehicle on a public highway of this state
  • at the time the motor vehicle was operated / drove, operating privileges had been revoked by the Department of Transportation and not reinstated
  • knew or had cause to know that operating privileges had been revoked
Operating while Under the Influence of an Intoxicant 346.63
  • operated / drove a motor vehicle on a public highway of this state
  • at the time of the operation / driving was under the influence of an intoxicant; that is, (ability to operate or drive was materially impaired by the consumption of alcohol)
Operating with A Prohibited Alcohol Level 346.63
  • operated / drove a motor vehicle on a public highway of this state
  • at the time of the operating / driving had a prohibited alcohol level
Bail Jumping 946.49(1)
  • was arrested for or charged with a felony / misdemeanor
  • was released from custody on bond
  • intentionally failed to comply with the terms of that bond
Transfer of Encumbered Property 943.25(2)(a) Class I Felony
  • concealed / removed / transferred personal property
  • another person (including bank or financial institution) held a security interest in the personal property
  • knew that another held a security interest in such personal property
  • concealed / removed / transferred such property with intent to defraud
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