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