Criminal Defense Wiki - User contributions [en]

Senegal

2011-04-17T19:12:57Z

Nsun2010: /* Type of System */

==Background==

The country of Senegal is comprised of 14 regions with the capital city called Dakar.<ref>https://www.cia.gov/library/publications/the-world-factbook/geos/sg.html</ref> Senegal was once a French colony, and gained its independence on April 4, 1960. Senegal previously tried political unions with Mali in 1959 and Gambia in 1982, but neither of these unions lasted. Currently Senegal is officially a republic. For 40 years (since 1960), the Socialist Party was Senegal's principle political party, but in 2000, the leader of the Senegalese Democratic Party, Abdoulaye Wade, was elected president. Wade has been in the presidential position since 2000, winning the 2007 presidential elections as well.

Though French is the country's official language, there are several other languages spoken including Wolof, Pulaar, Serer, Diola, Mandingo, and Soninke.<ref>http://www.state.gov/r/pa/ei/bgn/2862.htm</ref> Moreover, in terms of religious belief, Senegal is 95% Muslim, 4% Christian, ad 1% traditional religions.<ref>http://www.state.gov/r/pa/ei/bgn/2862.htm</ref>

==Type of System==

The judicial system in Senegal is based on the French civil code. Under Article 88 of the Constitution, the judicial branch consists of the Conseil Constitutionnel, the Conseil d’Etat, the Cour de Cassation, the Cour des Comptes and the Courts and Tribunals.<ref>http://www.ialsnet.org/meetings/enriching/camara.pdf</ref> The Conseil Constitutionnel has jurisdiction over the legality of laws passed by parliament. It is comprised of five judges, all of whom are appointed by the president. The Cour de Cassation is the highest court for civil and criminal matters while the Conseil d'Etat is the highest court for administrative law matters.<ref>http://www.ialsnet.org/meetings/enriching/camara.pdf</ref> The Cour de Comptes has jurisdiction over checking public accounts.<ref>http://www.nyulawglobal.org/Globalex/SENEGAL.htm</ref>

It should be noted that though Islamic and traditional laws are generally not officially incorporated into the Senegalese judicial system, principles from such law are still strongly influential.

Under the Code de Procedure Penale (Code of Criminal Procedure), article 218, the Cour d'Assises (criminal trial court) has jurisdiction to hear criminal law cases.<ref>http://www.justice.gouv.sn/droitp/CPP.PDF</ref>

==Sources of Defendant's Rights==

Article 257 of the Code de Procedure Penale provides that upon the start of the trial at the cour d'assises, the defendant must be represented by counsel. If the defendant does not have counsel of his own, the state will assign him an attorney. Article 260 provides a period of five days in which the attorney for the defendant may prepare before arguments, once the president of the cour d'assises has interviewed the defendant (i.e. verified the defendant's identity).

<references>

Senegal

2011-04-17T18:25:40Z

Nsun2010: Created page with "==Background== The country of Senegal is comprised of 14 regions with the capital city called Dakar.<ref>https://www.cia.gov/library/publications/the-world-factbook/geos/sg.html..."

==Background==

The country of Senegal is comprised of 14 regions with the capital city called Dakar.<ref>https://www.cia.gov/library/publications/the-world-factbook/geos/sg.html</ref> Senegal was once a French colony, and gained its independence on April 4, 1960. Senegal previously tried political unions with Mali in 1959 and Gambia in 1982, but neither of these unions lasted. Currently Senegal is officially a republic. For 40 years (since 1960), the Socialist Party was Senegal's principle political party, but in 2000, the leader of the Senegalese Democratic Party, Abdoulaye Wade, was elected president. Wade has been in the presidential position since 2000, winning the 2007 presidential elections as well.

Though French is the country's official language, there are several other languages spoken including Wolof, Pulaar, Serer, Diola, Mandingo, and Soninke.<ref>http://www.state.gov/r/pa/ei/bgn/2862.htm</ref> Moreover, in terms of religious belief, Senegal is 95% Muslim, 4% Christian, ad 1% traditional religions.<ref>http://www.state.gov/r/pa/ei/bgn/2862.htm</ref>

==Type of System==

The judicial system in Senegal is based on the French civil code. Under Article 88 of the Constitution, the judicial branch is composed of the Conseil Constitutionnel, the Conseil d’Etat, the Cour de Cassation, the Cour des Comptes and the Courts and Tribunals.<ref>http://www.ialsnet.org/meetings/enriching/camara.pdf</ref> The Conseil Constitutionnel has jurisdiction over the legality of laws passed by parliament. It is comprised of five judges, all of whom are appointed by the president. The Cour de Cassation is the highest court for civil and criminal matters while the Conseil d'Etat is the highest court for administrative law matters.<ref>http://www.ialsnet.org/meetings/enriching/camara.pdf</ref>

It should be noted that though Islamic and traditional laws are generally not officially incorporated into the Senegalese judicial system, principles from such law are still strongly influential.

<references>

Criminal Justice Systems Around the World

2011-04-17T17:42:55Z

Nsun2010: /* Country Pages */

Criminal justice systems can be loosely classified as either common, civil, Islamic or socialist law in nature. However, today many jurisdictions have adopted hybrid models that combine elements of various legal systems. Many of these systems share a common set of [[Core Values | core values]]. In addition, most criminal justice systems have adopted a [[Legality Principle | legality principle]]. Almost every criminal justice system is made of of similar [[Actors in the Criminal Justice System | actors]].

==Country Pages==
<div style="float: left; width: 33%">

* Afghanistan
* Algeria
* Angola
* [[Argentina]]
* Armenia
* Australia
* [[Azerbaijan]]
* [[Bangladesh]]
* Belgium
* Benin
* Bolivia
* [[Brazil]]
* [[Brunei]]
* [[Burundi]]
* [[Cameroon]]
*[[Cambodia]]
* [[Canada]]
* Central African Republic
* Chad
* [[Chile]]
*[[China]]
* Colombia
* Côte d'Ivoire
* [[Cuba]]
* Cyprus
* [[Democratic Republic of Congo]]
* Ecuador
* [[Egypt]]
* El Salvador
*[[England and Wales]]
* Ethiopia
* Finland
* [[France]]
** French Guiana
* Georgia
*[[Germany]]
</div><div style="float: left; width: 33%">

* Ghana
* Greece
* Guatemala
* Guinea
* Guinea Bissau
* Guyana
* Haiti
* Hong Kong
*[[India]]
*[[Indonesia]]
*Iran
*Iraq
*Ireland
*Israel
* [[Italy]]
*Jamaica
*[[Japan]]
* Jordan
*[[Kenya]]
*[[Laos]]
* Lebanon
* [[Liberia]]
* Malawi
* [[Malaysia]]
* Mali
*[[Mexico]]
* Mongolia
* Morocco
*[[Myanmar]]
* [[Nepal]]
* Netherlands
*New Zealand
* Nigeria
* North Korea
* Norway

</div><div style="float: left; width: 33%">

* [[Pakistan]]
* Paraguay
* Peru
* Poland
* Romania
* [[Rwanda]]
* Russia
* [[Saudi Arabia]]
* Scotland
* [[Senegal]]
* Serbia
* Sierra Leone
* [[Singapore]]
* [[South Africa]]
*[[South Korea]]
* Spain
*[[Sri Lanka]]
* Sudan
* Suriname
* [[Swaziland]]
* [[Sweden]]
* [[Switzerland]]
* Syria
*[[Tanzania]]
**[[Zanzibar]]
*[[Thailand]]
* Trinidad and Tobago
*[[The Republic of the Philippines]]
*[[Tunisia]]
* Turkey
*[[Uganda]]
* Ukraine
*United Arab Emirates
*[[United States]]
* Uruguay
* Uzbekistan
* [[Venezuela]]
*[[Vietnam]]
*[[Zimbabwe]]

</div>

==Other Countries==
See a country that is not listed here? Email elearning@ibj.org.

Cameroon

2011-04-04T00:35:04Z

Nsun2010: /* Background */

==Background==

Cameroon, officially known as the Republic of Cameroon, is a country in Western Africa that is comprised of 10 regions and 1 capital, Yaounde. Prior to World War I, Cameroon was a German colony. However, after Germany's defeat in the Great War, the colony was partitioned between France and Great Britain, with France obtaining control of a larger geographic share. In 1955, the Union of the Peoples of Cameroon began an armed struggle for independence in French Cameroon. The French part of Cameroon became independent on January 1, 1960, forming the Republic of Cameroon. The following year, in British Cameroon, the northern two-thirds of the territory, which was mostly occupied by Muslims, voted to join Nigeria while the southern one-third of the territory, which was Christian, voted to join the Republic of Cameroon. The British section of Cameroon officially gained independence on October 1, 1961. The first president of Cameroon was Ahmadou Ahidjo, who served from 1961 to 1982. Under Ahidjo's rule, Cameroon outlawed all political parties except for Ahidjo's and implemented a new constitution in 1972. The 1972 constitution, which provides for a strong central government dominated by the executive branch, turned Cameroon from a federation of two regions into a unitary state. When Ahidjo stepped down in 1982, he was constitutionally succeeded by Paul Biya, who is presently still retains the presidency.<ref>http://www.state.gov/r/pa/ei/bgn/26431.htm</ref>

Cameroon has a population of about 19.5 million people. The official languages of Cameroon are English and French. Religions in the country range from Christian (40%) or Muslim (20%) to indigenous African (40%).<ref>http://www.state.gov/r/pa/ei/bgn/26431.htm</ref>

==Type of System==

The highest judicial authority in Cameroon is the Ministry of Justice, which located under the executive branch. The Supreme Court is located within the Ministry of Justice and may only review cases at the president's request.<ref>http://www.state.gov/r/pa/ei/bgn/26431.htm</ref> The Supreme Court is comprised of six judges, all of whom are appointed by the president. There is also a High Court of Justice, composed of nine judges and six substitute judges who are elected by the National Assembly.<ref>https://www.cia.gov/library/publications/the-world-factbook/geos/cm.html</ref> The Cameroonian system has trial courts/courts of first instances in every one of its 58 country divisions, with a court of appeal in each of the country's 10 official regions.

<references>

Cameroon

2011-04-04T00:17:15Z

Nsun2010: Created page with "==Background== Cameroon, officially known as the Republic of Cameroon, is a country in Western Africa that is a former French and British colony. Prior to World War I, Cameroon ..."

==Background==

Cameroon, officially known as the Republic of Cameroon, is a country in Western Africa that is a former French and British colony. Prior to World War I, Cameroon was a German colony. However, after Germany's defeat in the Great War, the colony was partitioned between France and Great Britain, with France obtaining control of a larger geographic share. In 1955, the Union of the Peoples of Cameroon began an armed struggle for independence in French Cameroon. The French part of Cameroon became independent on January 1, 1960, forming the Republic of Cameroon. The following year, in British Cameroon, the northern two-thirds of the territory, which was mostly occupied by Muslims, voted to join Nigeria while the southern one-third of the territory, which was Christian, voted to join the Republic of Cameroon. The British section of Cameroon officially gained independence on October 1, 1961. The first president of Cameroon was Ahmadou Ahidjo, who served from 1961 to 1982. Under Ahidjo's rule, Cameroon outlawed all political parties except for Ahidjo's and implemented a new constitution in 1972. The 1972 constitution, which provides for a government dominated by the executive branch, turned Cameroon from a federation of two regions into a unitary state. When Ahidjo stepped down in 1982, he was constitutionally succeeded by Paul Biya, who is presently still retains the presidency.<ref>http://www.state.gov/r/pa/ei/bgn/26431.htm</ref>

Cameroon has a population of about 19.5 million people. The official languages of Cameroon are English and French. The capital of the country is the city of Yaounde. Religions in the country range from Christian (40%) or Muslim (20%) to indigenous African (40%).<ref>http://www.state.gov/r/pa/ei/bgn/26431.htm</ref>

<references>

Criminal Justice Systems Around the World

2011-04-03T23:55:25Z

Nsun2010: /* Country Pages */

Criminal justice systems can be loosely classified as either common, civil, Islamic or socialist law in nature. However, today many jurisdictions have adopted hybrid models that combine elements of various legal systems. Many of these systems share a common set of [[Core Values | core values]]. In addition, most criminal justice systems have adopted a [[Legality Principle | legality principle]]. Almost every criminal justice system is made of of similar [[Actors in the Criminal Justice System | actors]].

==Country Pages==
<div style="float: left; width: 33%">

* Afghanistan
* Algeria
* Angola
* [[Argentina]]
* Armenia
* Australia
* [[Azerbaijan]]
* [[Bangladesh]]
* Belgium
* Benin
* Bolivia
* [[Brazil]]
* [[Brunei]]
* [[Burundi]]
* [[Cameroon]]
*[[Cambodia]]
* [[Canada]]
* Central African Republic
* Chad
* [[Chile]]
*[[China]]
* Colombia
* Côte d'Ivoire
* [[Cuba]]
* Cyprus
* [[Democratic Republic of Congo]]
* Ecuador
* [[Egypt]]
* El Salvador
*[[England and Wales]]
* Ethiopia
* Finland
* [[France]]
** French Guiana
* Georgia
*[[Germany]]
</div><div style="float: left; width: 33%">

* Ghana
* Greece
* Guatemala
* Guinea
* Guinea Bissau
* Guyana
* Haiti
* Hong Kong
*[[India]]
*[[Indonesia]]
*Iran
*Iraq
*Ireland
*Israel
* [[Italy]]
*Jamaica
*[[Japan]]
* Jordan
*[[Kenya]]
*[[Laos]]
* Lebanon
* [[Liberia]]
* Malawi
* [[Malaysia]]
* Mali
*[[Mexico]]
* Mongolia
* Morocco
*[[Myanmar]]
* [[Nepal]]
* Netherlands
*New Zealand
* Nigeria
* North Korea
* Norway

</div><div style="float: left; width: 33%">

* [[Pakistan]]
* Paraguay
* Peru
* Poland
* Romania
* [[Rwanda]]
* Russia
* [[Saudi Arabia]]
* Scotland
* Senegal
* Serbia
* Sierra Leone
* [[Singapore]]
* [[South Africa]]
* Spain
*[[Sri Lanka]]
* Sudan
* Suriname
* [[Swaziland]]
* [[Sweden]]
* [[Switzerland]]
* Syria
*[[Tanzania]]
**[[Zanzibar]]
*[[Thailand]]
* Trinidad and Tobago
*[[The Republic of the Philippines]]
*[[Tunisia]]
* Turkey
*[[Uganda]]
* Ukraine
*United Arab Emirates
*[[United States]]
* Uruguay
* Uzbekistan
* [[Venezuela]]
*[[Vietnam]]
*[[Zimbabwe]]

</div>

==Other Countries==
See a country that is not listed here? Email elearning@ibj.org.

Brazil

2011-03-04T23:07:43Z

Nsun2010: /* Sources of Defendant's Rights */

{| style="float: right; padding:10px; margin:5px 0px 20px 20px; width: 280px; border: 1px solid darkblue"
|-
|<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">ADDITIONAL RESOURCES</h2>
*[http://www.v-brazil.com/government/laws/constitution.html Constitution of Brazil]
<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">LEGAL TRAINING RESOURCE CENTER</h2>
* [http://elearning.ibj.org eLearning Courses for Criminal Defense lawyers]
|}

==Background==

Brazil is a South American country, which is currently the largest economy in Latin America and an emerging world power. From 1500 to 1822, Brazil was a Portuguese colony, and since 1889 the country has been a republic. After the rise of populist leader Getulio Vargas to power in 1930, Brazil underwent decades of populist and military rule. The military dictatorship resulted in large numbers of forced disappearances and other human rights abuses, many cases of which remain unresolved to this day. In 1985, the military regime peacefully transferred power to a civilian government – and in 2006, President Lula da Silva was reelected in a mostly free and fair election.

Despite Brazil’s abundant natural resources and burgeoning economy, problems such as stark economic inequality, human rights violations, and rising crime continue to plague the country’s development. As of 2005, about 31% of the population remains below the poverty line. Brazil also grapples with the problem of illegal narcotics trafficking, and the country is the second-largest consumer of cocaine in the world. There is significant drug-related violence and weapons smuggling, and Brazil is an important market for Colombian, Bolivian, and Peruvian cocaine.

==Type of System==

Brazil is a federative republic that operates under the civil law system. Its laws are based mostly on statues and codes enacted by the federal legislature, states, and municipalities. The Brazilian Constitution (Constituição da República Federativa do Brasil – C.F.) establishes three branches of government: judicial, legislative, and executive. The judicial branch includes the following courts: the Federal Supreme Court (the highest court); the Superior Tribunal of Justice; the Federal Justice; Labor Justice; Electoral Justice; Military Justice; and State Justice. Judicial control of the courts is given to the National Council of Justice.<ref>http://www.loc.gov/law/help/brazil.php</ref>

==Sources of Defendant's Rights==

Article 5 of the Brazilian Constitution ensures a right to a full defense and a right to counsel "litigants, in judicial or administrative processes, as well as defendants in general, are ensured of the adversary system and of full defense, with the means and resources inherent to it"). The State will provide counsel if an individual is too poor to afford it herself ("State shall provide full and free-of-charge legal assistance to all who prove insufficiency of funds"). It also guarantees the right to due process. <ref>http://www.v-brazil.com/government/laws/titleII.html</ref>

On January 12, 1994, Brazil passed the Complementary Law no. 80 which mandated the establishment of public defenders' offices in every state.<ref>"One in Five: The Crisis in Brazil's Prisons and Criminal Justice System," International Bar Association, available at www.ibanet.org</ref>

==Defendant's Rights==

'''Pre-Trial'''

Article 5 of the Constitution provides for free legal aid for those who cannot otherwise afford a lawyer. This principle is supported by article 32, under Title II of the Brazilian Code of Criminal Procedure, which states that a judge may appoint counsel to a party that is unable to do so because of the party's impoverished financial situation.<ref>http://www3.dataprev.gov.br/sislex/paginas/18/1941/3689.htm</ref> Furthermore, no one shall be tried without counsel, and the judge must assign a counsel to the defendant, unless the defendant is has clearance to act pro se.<ref>Articles 261 & 261, Chapter III, Title VIII, http://www3.dataprev.gov.br/sislex/paginas/18/1941/3689.htm#L1_T7</ref> Under article 264, Chapter III, Title VIII, lawyers must take the representation in assigned cases, or be subject to a fine of one hundred to five hundred thousand reis. Once the accused has been properly informed of the indictment, the judge must inform him of his right to remain silent and not to answer questions when asked. This silence, under the Code of Criminal Procedure, may not be used against the defendant and may not be interpreted as a confession of the defendant's guilt.<ref>Article 186, Title II, http://www3.dataprev.gov.br/sislex/paginas/18/1941/3689.htm#L1_T7</ref>

'''Trial'''

Article 185 also allows the judge to question the accused via a video conferencing or other technology system if the accused has significant difficulties in coming court. This method may also be used in a situation in which there is a strong risk to public safety in transporting the accused.<ref>http://www3.dataprev.gov.br/sislex/paginas/18/1941/3689.htm</ref> The Code of Criminal Procedure states that each interrogation of the accused shall consist of two parts: the accused's personal information and the facts of the specific case.<ref>Article 185, Title II, http://www3.dataprev.gov.br/sislex/paginas/18/1941/3689.htm#L1_T7</ref> If there is more than one defendant, the Code of Criminal Procedure provides that they must be questioned separately.<ref>Article 191, Title II, LINK</ref> If the accused does not speak the national language (Portuguese), the court will provide an interpreter under article 193.

----
See [[Criminal Justice Systems Around the World]]
<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">QUICK FACTS</h2>

*June 2010 Prison Population: 494,237

==Notes==
<references/>

{{Languages|Brazil}}
__NOTOC__

Brazil

2011-03-04T23:04:07Z

Nsun2010: /* Defendant's Rights */

{| style="float: right; padding:10px; margin:5px 0px 20px 20px; width: 280px; border: 1px solid darkblue"
|-
|<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">ADDITIONAL RESOURCES</h2>
*[http://www.v-brazil.com/government/laws/constitution.html Constitution of Brazil]
<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">LEGAL TRAINING RESOURCE CENTER</h2>
* [http://elearning.ibj.org eLearning Courses for Criminal Defense lawyers]
|}

==Background==

Brazil is a South American country, which is currently the largest economy in Latin America and an emerging world power. From 1500 to 1822, Brazil was a Portuguese colony, and since 1889 the country has been a republic. After the rise of populist leader Getulio Vargas to power in 1930, Brazil underwent decades of populist and military rule. The military dictatorship resulted in large numbers of forced disappearances and other human rights abuses, many cases of which remain unresolved to this day. In 1985, the military regime peacefully transferred power to a civilian government – and in 2006, President Lula da Silva was reelected in a mostly free and fair election.

Despite Brazil’s abundant natural resources and burgeoning economy, problems such as stark economic inequality, human rights violations, and rising crime continue to plague the country’s development. As of 2005, about 31% of the population remains below the poverty line. Brazil also grapples with the problem of illegal narcotics trafficking, and the country is the second-largest consumer of cocaine in the world. There is significant drug-related violence and weapons smuggling, and Brazil is an important market for Colombian, Bolivian, and Peruvian cocaine.

==Type of System==

Brazil is a federative republic that operates under the civil law system. Its laws are based mostly on statues and codes enacted by the federal legislature, states, and municipalities. The Brazilian Constitution (Constituição da República Federativa do Brasil – C.F.) establishes three branches of government: judicial, legislative, and executive. The judicial branch includes the following courts: the Federal Supreme Court (the highest court); the Superior Tribunal of Justice; the Federal Justice; Labor Justice; Electoral Justice; Military Justice; and State Justice. Judicial control of the courts is given to the National Council of Justice.<ref>http://www.loc.gov/law/help/brazil.php</ref>

==Sources of Defendant's Rights==

Article 5 of the Brazilian Constitution ensures a right to a full defense and a right to counsel "litigants, in judicial or administrative processes, as well as defendants in general, are ensured of the adversary system and of full defense, with the means and resources inherent to it"). The State will provide counsel if an individual is too poor to afford it herself ("State shall provide full and free-of-charge legal assistance to all who prove insufficiency of funds"). It also guarantees the right to due process. <ref>http://www.v-brazil.com/government/laws/titleII.html</ref>

==Defendant's Rights==

'''Pre-Trial'''

Article 5 of the Constitution provides for free legal aid for those who cannot otherwise afford a lawyer. This principle is supported by article 32, under Title II of the Brazilian Code of Criminal Procedure, which states that a judge may appoint counsel to a party that is unable to do so because of the party's impoverished financial situation.<ref>http://www3.dataprev.gov.br/sislex/paginas/18/1941/3689.htm</ref> Furthermore, no one shall be tried without counsel, and the judge must assign a counsel to the defendant, unless the defendant is has clearance to act pro se.<ref>Articles 261 & 261, Chapter III, Title VIII, http://www3.dataprev.gov.br/sislex/paginas/18/1941/3689.htm#L1_T7</ref> Under article 264, Chapter III, Title VIII, lawyers must take the representation in assigned cases, or be subject to a fine of one hundred to five hundred thousand reis. Once the accused has been properly informed of the indictment, the judge must inform him of his right to remain silent and not to answer questions when asked. This silence, under the Code of Criminal Procedure, may not be used against the defendant and may not be interpreted as a confession of the defendant's guilt.<ref>Article 186, Title II, http://www3.dataprev.gov.br/sislex/paginas/18/1941/3689.htm#L1_T7</ref>

'''Trial'''

Article 185 also allows the judge to question the accused via a video conferencing or other technology system if the accused has significant difficulties in coming court. This method may also be used in a situation in which there is a strong risk to public safety in transporting the accused.<ref>http://www3.dataprev.gov.br/sislex/paginas/18/1941/3689.htm</ref> The Code of Criminal Procedure states that each interrogation of the accused shall consist of two parts: the accused's personal information and the facts of the specific case.<ref>Article 185, Title II, http://www3.dataprev.gov.br/sislex/paginas/18/1941/3689.htm#L1_T7</ref> If there is more than one defendant, the Code of Criminal Procedure provides that they must be questioned separately.<ref>Article 191, Title II, LINK</ref> If the accused does not speak the national language (Portuguese), the court will provide an interpreter under article 193.

----
See [[Criminal Justice Systems Around the World]]
<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">QUICK FACTS</h2>

*June 2010 Prison Population: 494,237

==Notes==
<references/>

{{Languages|Brazil}}
__NOTOC__

Brazil

2011-03-04T22:34:34Z

Nsun2010: /* Sources of Defendant's Rights */

{| style="float: right; padding:10px; margin:5px 0px 20px 20px; width: 280px; border: 1px solid darkblue"
|-
|<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">ADDITIONAL RESOURCES</h2>
*[http://www.v-brazil.com/government/laws/constitution.html Constitution of Brazil]
<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">LEGAL TRAINING RESOURCE CENTER</h2>
* [http://elearning.ibj.org eLearning Courses for Criminal Defense lawyers]
|}

==Background==

Brazil is a South American country, which is currently the largest economy in Latin America and an emerging world power. From 1500 to 1822, Brazil was a Portuguese colony, and since 1889 the country has been a republic. After the rise of populist leader Getulio Vargas to power in 1930, Brazil underwent decades of populist and military rule. The military dictatorship resulted in large numbers of forced disappearances and other human rights abuses, many cases of which remain unresolved to this day. In 1985, the military regime peacefully transferred power to a civilian government – and in 2006, President Lula da Silva was reelected in a mostly free and fair election.

Despite Brazil’s abundant natural resources and burgeoning economy, problems such as stark economic inequality, human rights violations, and rising crime continue to plague the country’s development. As of 2005, about 31% of the population remains below the poverty line. Brazil also grapples with the problem of illegal narcotics trafficking, and the country is the second-largest consumer of cocaine in the world. There is significant drug-related violence and weapons smuggling, and Brazil is an important market for Colombian, Bolivian, and Peruvian cocaine.

==Type of System==

Brazil is a federative republic that operates under the civil law system. Its laws are based mostly on statues and codes enacted by the federal legislature, states, and municipalities. The Brazilian Constitution (Constituição da República Federativa do Brasil – C.F.) establishes three branches of government: judicial, legislative, and executive. The judicial branch includes the following courts: the Federal Supreme Court (the highest court); the Superior Tribunal of Justice; the Federal Justice; Labor Justice; Electoral Justice; Military Justice; and State Justice. Judicial control of the courts is given to the National Council of Justice.<ref>http://www.loc.gov/law/help/brazil.php</ref>

==Sources of Defendant's Rights==

Article 5 of the Brazilian Constitution ensures a right to a full defense and a right to counsel "litigants, in judicial or administrative processes, as well as defendants in general, are ensured of the adversary system and of full defense, with the means and resources inherent to it"). The State will provide counsel if an individual is too poor to afford it herself ("State shall provide full and free-of-charge legal assistance to all who prove insufficiency of funds"). It also guarantees the right to due process. <ref>http://www.v-brazil.com/government/laws/titleII.html</ref>

==Defendant's Rights==

Pre-Trial

Article 5 of the Constitution provides for free legal aid for those who cannot otherwise afford a lawyer. This principle is supported by article 32, under Title II of the Brazilian Code of Criminal Procedure, which states that a judge may appoint counsel to a party that is unable to do so because of the party's impoverished financial situation.<ref>http://www3.dataprev.gov.br/sislex/paginas/18/1941/3689.htm</ref> Furthermore, no one shall be tried without counsel, and the judge must assign a counsel to the defendant, unless the defendant is has clearance to act pro se.<ref>Articles 261 & 261, Chapter III, Title VIII, http://www3.dataprev.gov.br/sislex/paginas/18/1941/3689.htm#L1_T7</ref> Under article 264, Chapter III, Title VIII, lawyers must take the representation in assigned cases, or be subject to a fine of one hundred to five hundred thousand reis. Once the accused has been properly informed of the indictment, the judge must inform him of his right to remain silent and not to answer questions when asked. This silence, under the Code of Criminal Procedure, may not be used against the defendant and may not be interpreted as a confession of the defendant's guilt.<ref>Article 186, Title II, http://www3.dataprev.gov.br/sislex/paginas/18/1941/3689.htm#L1_T7</ref>

Trial

Article 185 also allows the judge to question the accused via a video conferencing or other technology system if the accused has significant difficulties in coming court. This method may also be used in a situation in which there is a strong risk to public safety in transporting the accused.<ref>http://www3.dataprev.gov.br/sislex/paginas/18/1941/3689.htm</ref> The Code of Criminal Procedure states that each interrogation of the accused shall consist of two parts: the accused's personal information and the facts of the specific case.<ref>Article 185, Title II, http://www3.dataprev.gov.br/sislex/paginas/18/1941/3689.htm#L1_T7</ref> If there is more than one defendant, the Code of Criminal Procedure provides that they must be questioned separately.<ref>Article 191, Title II, LINK</ref> If the accused does not speak the national language (Portuguese), the court will provide an interpreter under article 193.

----
See [[Criminal Justice Systems Around the World]]
<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">QUICK FACTS</h2>

*June 2010 Prison Population: 494,237

==Notes==
<references/>

{{Languages|Brazil}}
__NOTOC__

Brazil

2011-02-28T01:28:28Z

Nsun2010: /* Sources of Defendant's Rights */

==Background==

Brazil is a South American country, which is currently the largest economy in Latin America and an emerging world power. From 1500 to 1822, Brazil was a Portuguese colony, and since 1889 the country has been a republic. After the rise of populist leader Getulio Vargas to power in 1930, Brazil underwent decades of populist and military rule. The military dictatorship resulted in large numbers of forced disappearances and other human rights abuses, many cases of which remain unresolved to this day. In 1985, the military regime peacefully transferred power to a civilian government – and in 2006, President Lula da Silva was reelected in a mostly free and fair election.

Despite Brazil’s abundant natural resources and burgeoning economy, problems such as stark economic inequality, human rights violations, and rising crime continue to plague the country’s development. As of 2005, about 31% of the population remains below the poverty line. Brazil also grapples with the problem of illegal narcotics trafficking, and the country is the second-largest consumer of cocaine in the world. There is significant drug-related violence and weapons smuggling, and Brazil is an important market for Colombian, Bolivian, and Peruvian cocaine.

==Type of System==

Brazil is a federative republic that operates under the civil law system. Its laws are based mostly on statues and codes enacted by the federal legislature, states, and municipalities. The Brazilian Constitution (Constituição da República Federativa do Brasil – C.F.) establishes three branches of government: judicial, legislative, and executive. The judicial branch includes the following courts: the Federal Supreme Court (the highest court); the Superior Tribunal of Justice; the Federal Justice; Labor Justice; Electoral Justice; Military Justice; and State Justice. Judicial control of the courts is given to the National Council of Justice.<ref>http://www.loc.gov/law/help/brazil.php</ref>

==Sources of Defendant's Rights==

Article 5 of the Brazilian Constitution ensures a right to a full defense and a right to counsel "litigants, in judicial or administrative processes, as well as defendants in general, are ensured of the adversary system and of full defense, with the means and resources inherent to it"). The State will provide counsel if an individual is too poor to afford it herself ("State shall provide full and free-of-charge legal assistance to all who prove insufficiency of funds"). It also guarantees the right to due process. <ref>http://www.v-brazil.com/government/laws/titleII.html</ref>

<references>

Brazil

2011-02-28T00:42:29Z

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Brazil

2011-02-28T00:41:55Z

Nsun2010: Created page with "==Background== Brazil is a South American country, which is currently the largest economy in Latin America and an emerging world power. From 1500 to 1822, Brazil was a Portugue..."

Criminal Justice Systems Around the World

2011-02-28T00:15:48Z

Nsun2010: /* Country Pages */

Criminal justice systems can be loosely classified as either common, civil, Islamic or socialist law in nature. However, today many jurisdictions have adopted hybrid models that combine elements of various legal systems. Many of these systems share a common set of [[Core Values | core values]]. In addition, most criminal justice systems have adopted a [[Legality Principle | legality principle]]. Almost every criminal justice system is made of of similar [[Actors in the Criminal Justice System | actors]].

==Country Pages==
<div style="float: left; width: 33%">

* Afghanistan
* Algeria
* Angola
* [[Argentina]]
* Armenia
* Australia
* [[Azerbaijan]]
* [[Bangladesh]]
* Belgium
* Benin
* Bolivia
* [[Brazil]]
* [[Brunei]]
* [[Burundi]]
* Cameroon
*[[Cambodia]]
* [[Canada]]
* Central African Republic
* Chad
* Chile
*[[China]]
* Colombia
* Côte d'Ivoire
* Cyprus
* [[Democratic Republic of Congo]]
* Ecuador
* [[Egypt]]
* El Salvador
*[[England and Wales]]
* Ethiopia
* Finland
* [[France]]
** French Guiana
* Georgia
*Germany
</div><div style="float: left; width: 33%">

* Ghana
* Greece
* Guatemala
* Guinea
* Guinea Bissau
* Guyana
* Haiti
* Hong Kong
*[[India]]
*[[Indonesia]]
*Iran
*Iraq
*Ireland
*Israel
* [[Italy]]
*Jamaica
*[[Japan]]
* Jordan
*[[Kenya]]
*[[Laos]]
* Lebanon
* [[Liberia]]
* Malawi
* [[Malaysia]]
* Mali
*[[Mexico]]
* Mongolia
* Morocco
*[[Myanmar]]
* [[Nepal]]
* Netherlands
*New Zealand
* Nigeria
* North Korea
* Norway

</div><div style="float: left; width: 33%">

* [[Pakistan]]
* Paraguay
* Peru
* Poland
* Romania
* [[Rwanda]]
* Russia
* Saudia Arabia
* Senegal
* Serbia
* Sierra Leone
* [[Singapore]]
* [[South Africa]]
* Spain
*[[Sri Lanka]]
* Sudan
* Suriname
* [[Swaziland]]
* [[Sweden]]
* [[Switzerland]]
* Syria
*[[Tanzania]]
**[[Zanzibar]]
*[[Thailand]]
* Trinidad and Tobago
*[[The Republic of the Philippines]]
* Turkey
*[[Uganda]]
* Ukraine
*United Arab Emirates
*[[United States]]
* Uruguay
* Uzbekistan
* [[Venezuela]]
*[[Vietnam]]
*[[Zimbabwe]]

</div>

==Other Countries==
See a country that is not listed here? Email elearning@ibj.org.

Molestation and other sex crimes against children

2011-02-28T00:04:56Z

Nsun2010: /* Common Defenses */

==Background==

Molestation is the persecution or harassment of someone, usually performed for a sexual gratification.<ref>Black's Law Dictionary, 9th Edition (2009)</ref> Closely related is the crime of pedophilia, which is a disorder consisting of a sexual desire for sexual gratification by molesting children.<ref>Black's Law Dictionary, 9th Edition (2009)</ref>

==Model Penal Code==

There is no one article under the Model Penal Code that addresses molestation against children. However, molestation of minors is covered under article 213.4, sexual assault. This section provides that a person who has sexual contact with another not his spouse, or causes such other to have sexual contact with him, is guilty of sexual assault if the victim is less than 10 years old or the victim is less than 16 years old and the actor is more than four years older than the victim.<ref>Model Penal Code, § 213.4 (2001)</ref> It is also sexual assault when the victim is less than 21 years old and the actor is his guardian or otherwise responsible for the victim's welfare.<ref>Model Penal Code, § 213.4 (2001)</ref> Sexual assault is a misdemeanor.<ref>Model Penal Code, § 213.4 (2001)</ref> There is also an article that address related sexual offenses such as corruption of minors and seduction. This crime is outlined in article 213.3. Under the Model Penal Code, a male commits the offense of corruption of minors when he has sexual intercourse with a female who is not his wife who a) is under the age of 16 and the male is at least four years older than the other person or b) is less than 21 years old and the actor is his guardian or otherwise responsible for general supervision of his welfare or c) the other person is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over him or d) the other person is a female who is induced to participate by a promise of marriage which the actor does not mean to perform.<ref>Model Penal Code § 213.3 (2001)</ref> This crime is a felony in the third degree.<ref>Model Penal Code § 213.3 (2001)</ref>

==Variation by Jurisdiction==

'''Maryland'''

Under section 3-602 of the Maryland Criminal Code, a parent or other person who has permanent or temporary care or custody or responsibility for the supervision of a minor may not cause sexual abuse to the minor. Nor may a household member cause the sexual abuse of a minor.<ref>Maryland Criminal Code, Title 3, Subtitle 6, § 3-602 (2003)</ref> Furthermore, the Maryland Criminal Code contains the following provision for all related sex crimes (i.e. rape in the first and second degree, sexual assault, etc.): a person 18 years of age or older may not violate the sexual crime in this section involving a victim who is a child under the age of 13 years.<ref>See Maryland Criminal Code, Title 3, Subtitle 3, §§ 3-303 through 3-306 (2003)</ref> The sections also have a clause that criminalizes sex crimes if the victim is under the age of 14 years, and the person performing the act is at least 4 years older than the victim.<ref>See Maryland Criminal Code, Title 3, Subtitle 3, §§ 3-303 through 3-306 (2003)</ref> In general, a person may not engage in a continuing course of conduct which includes three or more acts that would constitute violations of the rape or sexual assault articles over a period of 90 days or more, with a victim who is under the age of 14 years at any time during the course of conduct.<ref>Maryland Criminal Code, Title 3, Subtitle 3, § 3-315 (2002)</ref> A person who performs this continuing conduct against a child commits a felony which is punishable by up to 30 years imprisonment.<ref>Maryland Criminal Code, Title 3, Subtitle 3, § 3-315 (2002)</ref>

'''Maine'''

Under the Maine Criminal Code, section 254, a person commits the offense of sexual abuse of a minor when:
a) the person engages in a sexual act with the victim, not the actor's spouse, who is either 14 or 15 years of age and the actor is at least 5 years older than the victim b) the person is at least 21 years of age and engages in a sexual act with the victim, not the actor's spouse, who is either 16 or 17 years of age and is a student enrolled in a private or public elementary, secondary or special education school, facility or institution and the actor is a teacher, employee or other official in the school district, school union, educational unit, school, facility or institution in which the student is enrolled or c) the person intentionally subjects the victim, not the actor's spouse, who is either 14 or 15 years of age to any sexual contact and the actor is at least 10 years older than the victim.<ref>Maine Criminal Code, Part 2, Chapter 11, § 254 (2006)</ref> In Maine, it is a defense that the actor reasonably believed the victim is at least 16 years of age (this defense, however, does not apply when the actor is a teacher and the victim is a student enrolled in the school at which the actor teaches).<ref>Maine Criminal Code, Part 2, Chapter 11, § 254 (2006)</ref>

==Common Defenses==

For sex crimes related to rape, the defendant may use similar defenses to defend against [[rape]] allegations. As for molestation or other types of sex crimes specifically against minors, a defendant may have a mistake of age defense, depending on whether or not the statute encompasses the principle of strict liability. Though a mistake of age defense will likely not clear the defendant of the actus reus (or the physical act) of the crime, it may mitigate the punishment the court imposes.

==Foreign Jurisdictions==

'''France'''

Under the French Penal Code, article 222-29, sexual aggressions other than rape are punished by seven years' imprisonment and a fine of € 100,000 where they are committed against minors under the age of 15.<ref>http://www.legifrance.gouv.fr/html/codes_traduits/code_penal_textan.htm</ref> Under article 222-24, rape is punished by twenty years' criminal imprisonment when it is committed against a minor under the age of fifteen years.<ref>http://www.legifrance.gouv.fr/html/codes_traduits/code_penal_textan.htm</ref>

'''Canada'''

The Canadian Criminal Code has several articles that addresses sex crimes against children. The first provision speaks to sexual interference, stating that a person who, for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of a person under the age of fourteen years is guilty of sexual interference.<ref>http://www.sace.ab.ca/Non_Flash/csa01.html</ref> Furthermore, a person who, for a sexual purpose, invites, counsels or incites a person under the age of fourteen years to touch, directly or indirectly, with a part of the body or with an object, the body of any person, including the body of the person who so invites, counsels or incites and the body of the person under the age of fourteen years, is guilty of the crime of invitation to sexual touching. Both crimes are punishable by imprisonment for up to 10 years or by summary conviction.<ref>http://www.sace.ab.ca/Non_Flash/csa01.html</ref> In Canada, there is also an offense for sexual exploitation which states that a person who is in a position of trust or authority towards a young person or is a person with whom the young person is in a relationship of dependency and who a) for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of the young person, or b) for a sexual purpose, invites, counsels or incites a young person to touch, directly or indirectly, with a part of the body or with an object, the body of any person, including the body of the person who so invites, counsels or incites and the body of the young person is guilty of sexual exploitation.<ref>http://www.sace.ab.ca/Non_Flash/csa01.html</ref> This crime is punishable by 5 years imprisonment or by summary conviction.<ref>http://www.sace.ab.ca/Non_Flash/csa01.html</ref>

----
See [[Crimes]]

==Notes==

<references/>

Molestation and other sex crimes against children

2011-02-22T02:35:56Z

Nsun2010: /* Foreign Jurisdictions */

==Background==

Molestation is the persecution or harassment of someone, usually performed for a sexual gratification.<ref>Black's Law Dictionary, 9th Edition (2009)</ref> Closely related is the crime of pedophilia, which is a disorder consisting of a sexual desire for sexual gratification by molesting children.<ref>Black's Law Dictionary, 9th Edition (2009)</ref>

==Model Penal Code==

There is no one article under the Model Penal Code that addresses molestation against children. However, molestation of minors is covered under article 213.4, sexual assault. This section provides that a person who has sexual contact with another not his spouse, or causes such other to have sexual contact with him, is guilty of sexual assault if the victim is less than 10 years old or the victim is less than 16 years old and the actor is more than four years older than the victim.<ref>Model Penal Code, § 213.4 (2001)</ref> It is also sexual assault when the victim is less than 21 years old and the actor is his guardian or otherwise responsible for the victim's welfare.<ref>Model Penal Code, § 213.4 (2001)</ref> Sexual assault is a misdemeanor.<ref>Model Penal Code, § 213.4 (2001)</ref> There is also an article that address related sexual offenses such as corruption of minors and seduction. This crime is outlined in article 213.3. Under the Model Penal Code, a male commits the offense of corruption of minors when he has sexual intercourse with a female who is not his wife who a) is under the age of 16 and the male is at least four years older than the other person or b) is less than 21 years old and the actor is his guardian or otherwise responsible for general supervision of his welfare or c) the other person is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over him or d) the other person is a female who is induced to participate by a promise of marriage which the actor does not mean to perform.<ref>Model Penal Code § 213.3 (2001)</ref> This crime is a felony in the third degree.<ref>Model Penal Code § 213.3 (2001)</ref>

==Variation by Jurisdiction==

'''Maryland'''

Under section 3-602 of the Maryland Criminal Code, a parent or other person who has permanent or temporary care or custody or responsibility for the supervision of a minor may not cause sexual abuse to the minor. Nor may a household member cause the sexual abuse of a minor.<ref>Maryland Criminal Code, Title 3, Subtitle 6, § 3-602 (2003)</ref> Furthermore, the Maryland Criminal Code contains the following provision for all related sex crimes (i.e. rape in the first and second degree, sexual assault, etc.): a person 18 years of age or older may not violate the sexual crime in this section involving a victim who is a child under the age of 13 years.<ref>See Maryland Criminal Code, Title 3, Subtitle 3, §§ 3-303 through 3-306 (2003)</ref> The sections also have a clause that criminalizes sex crimes if the victim is under the age of 14 years, and the person performing the act is at least 4 years older than the victim.<ref>See Maryland Criminal Code, Title 3, Subtitle 3, §§ 3-303 through 3-306 (2003)</ref> In general, a person may not engage in a continuing course of conduct which includes three or more acts that would constitute violations of the rape or sexual assault articles over a period of 90 days or more, with a victim who is under the age of 14 years at any time during the course of conduct.<ref>Maryland Criminal Code, Title 3, Subtitle 3, § 3-315 (2002)</ref> A person who performs this continuing conduct against a child commits a felony which is punishable by up to 30 years imprisonment.<ref>Maryland Criminal Code, Title 3, Subtitle 3, § 3-315 (2002)</ref>

'''Maine'''

Under the Maine Criminal Code, section 254, a person commits the offense of sexual abuse of a minor when:
a) the person engages in a sexual act with the victim, not the actor's spouse, who is either 14 or 15 years of age and the actor is at least 5 years older than the victim b) the person is at least 21 years of age and engages in a sexual act with the victim, not the actor's spouse, who is either 16 or 17 years of age and is a student enrolled in a private or public elementary, secondary or special education school, facility or institution and the actor is a teacher, employee or other official in the school district, school union, educational unit, school, facility or institution in which the student is enrolled or c) the person intentionally subjects the victim, not the actor's spouse, who is either 14 or 15 years of age to any sexual contact and the actor is at least 10 years older than the victim.<ref>Maine Criminal Code, Part 2, Chapter 11, § 254 (2006)</ref> In Maine, it is a defense that the actor reasonably believed the victim is at least 16 years of age (this defense, however, does not apply when the actor is a teacher and the victim is a student enrolled in the school at which the actor teaches).<ref>Maine Criminal Code, Part 2, Chapter 11, § 254 (2006)</ref>

==Common Defenses==

==Foreign Jurisdictions==

'''France'''

Under the French Penal Code, article 222-29, sexual aggressions other than rape are punished by seven years' imprisonment and a fine of € 100,000 where they are committed against minors under the age of 15.<ref>http://www.legifrance.gouv.fr/html/codes_traduits/code_penal_textan.htm</ref> Under article 222-24, rape is punished by twenty years' criminal imprisonment when it is committed against a minor under the age of fifteen years.<ref>http://www.legifrance.gouv.fr/html/codes_traduits/code_penal_textan.htm</ref>

'''Canada'''

The Canadian Criminal Code has several articles that addresses sex crimes against children. The first provision speaks to sexual interference, stating that a person who, for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of a person under the age of fourteen years is guilty of sexual interference.<ref>http://www.sace.ab.ca/Non_Flash/csa01.html</ref> Furthermore, a person who, for a sexual purpose, invites, counsels or incites a person under the age of fourteen years to touch, directly or indirectly, with a part of the body or with an object, the body of any person, including the body of the person who so invites, counsels or incites and the body of the person under the age of fourteen years, is guilty of the crime of invitation to sexual touching. Both crimes are punishable by imprisonment for up to 10 years or by summary conviction.<ref>http://www.sace.ab.ca/Non_Flash/csa01.html</ref> In Canada, there is also an offense for sexual exploitation which states that a person who is in a position of trust or authority towards a young person or is a person with whom the young person is in a relationship of dependency and who a) for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of the young person, or b) for a sexual purpose, invites, counsels or incites a young person to touch, directly or indirectly, with a part of the body or with an object, the body of any person, including the body of the person who so invites, counsels or incites and the body of the young person is guilty of sexual exploitation.<ref>http://www.sace.ab.ca/Non_Flash/csa01.html</ref> This crime is punishable by 5 years imprisonment or by summary conviction.<ref>http://www.sace.ab.ca/Non_Flash/csa01.html</ref>

----
See [[Crimes]]

==Notes==

<references/>

Molestation and other sex crimes against children

2011-02-22T02:22:17Z

Nsun2010: /* Variation by Jurisdiction */

==Background==

Molestation is the persecution or harassment of someone, usually performed for a sexual gratification.<ref>Black's Law Dictionary, 9th Edition (2009)</ref> Closely related is the crime of pedophilia, which is a disorder consisting of a sexual desire for sexual gratification by molesting children.<ref>Black's Law Dictionary, 9th Edition (2009)</ref>

==Model Penal Code==

There is no one article under the Model Penal Code that addresses molestation against children. However, molestation of minors is covered under article 213.4, sexual assault. This section provides that a person who has sexual contact with another not his spouse, or causes such other to have sexual contact with him, is guilty of sexual assault if the victim is less than 10 years old or the victim is less than 16 years old and the actor is more than four years older than the victim.<ref>Model Penal Code, § 213.4 (2001)</ref> It is also sexual assault when the victim is less than 21 years old and the actor is his guardian or otherwise responsible for the victim's welfare.<ref>Model Penal Code, § 213.4 (2001)</ref> Sexual assault is a misdemeanor.<ref>Model Penal Code, § 213.4 (2001)</ref> There is also an article that address related sexual offenses such as corruption of minors and seduction. This crime is outlined in article 213.3. Under the Model Penal Code, a male commits the offense of corruption of minors when he has sexual intercourse with a female who is not his wife who a) is under the age of 16 and the male is at least four years older than the other person or b) is less than 21 years old and the actor is his guardian or otherwise responsible for general supervision of his welfare or c) the other person is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over him or d) the other person is a female who is induced to participate by a promise of marriage which the actor does not mean to perform.<ref>Model Penal Code § 213.3 (2001)</ref> This crime is a felony in the third degree.<ref>Model Penal Code § 213.3 (2001)</ref>

==Variation by Jurisdiction==

'''Maryland'''

Under section 3-602 of the Maryland Criminal Code, a parent or other person who has permanent or temporary care or custody or responsibility for the supervision of a minor may not cause sexual abuse to the minor. Nor may a household member cause the sexual abuse of a minor.<ref>Maryland Criminal Code, Title 3, Subtitle 6, § 3-602 (2003)</ref> Furthermore, the Maryland Criminal Code contains the following provision for all related sex crimes (i.e. rape in the first and second degree, sexual assault, etc.): a person 18 years of age or older may not violate the sexual crime in this section involving a victim who is a child under the age of 13 years.<ref>See Maryland Criminal Code, Title 3, Subtitle 3, §§ 3-303 through 3-306 (2003)</ref> The sections also have a clause that criminalizes sex crimes if the victim is under the age of 14 years, and the person performing the act is at least 4 years older than the victim.<ref>See Maryland Criminal Code, Title 3, Subtitle 3, §§ 3-303 through 3-306 (2003)</ref> In general, a person may not engage in a continuing course of conduct which includes three or more acts that would constitute violations of the rape or sexual assault articles over a period of 90 days or more, with a victim who is under the age of 14 years at any time during the course of conduct.<ref>Maryland Criminal Code, Title 3, Subtitle 3, § 3-315 (2002)</ref> A person who performs this continuing conduct against a child commits a felony which is punishable by up to 30 years imprisonment.<ref>Maryland Criminal Code, Title 3, Subtitle 3, § 3-315 (2002)</ref>

'''Maine'''

Under the Maine Criminal Code, section 254, a person commits the offense of sexual abuse of a minor when:
a) the person engages in a sexual act with the victim, not the actor's spouse, who is either 14 or 15 years of age and the actor is at least 5 years older than the victim b) the person is at least 21 years of age and engages in a sexual act with the victim, not the actor's spouse, who is either 16 or 17 years of age and is a student enrolled in a private or public elementary, secondary or special education school, facility or institution and the actor is a teacher, employee or other official in the school district, school union, educational unit, school, facility or institution in which the student is enrolled or c) the person intentionally subjects the victim, not the actor's spouse, who is either 14 or 15 years of age to any sexual contact and the actor is at least 10 years older than the victim.<ref>Maine Criminal Code, Part 2, Chapter 11, § 254 (2006)</ref> In Maine, it is a defense that the actor reasonably believed the victim is at least 16 years of age (this defense, however, does not apply when the actor is a teacher and the victim is a student enrolled in the school at which the actor teaches).<ref>Maine Criminal Code, Part 2, Chapter 11, § 254 (2006)</ref>

==Common Defenses==

==Foreign Jurisdictions==

'''France'''

Under the French Penal Code, article 222-29, sexual aggressions other than rape are punished by seven years' imprisonment and a fine of € 100,000 where they are committed against minors under the age of 15.<ref>http://www.legifrance.gouv.fr/html/codes_traduits/code_penal_textan.htm</ref> Under article 222-24, rape is punished by twenty years' criminal imprisonment when it is committed against a minor under the age of fifteen years.<ref>http://www.legifrance.gouv.fr/html/codes_traduits/code_penal_textan.htm</ref>

----
See [[Crimes]]

==Notes==

<references/>

Molestation and other sex crimes against children

2011-02-22T02:14:06Z

Nsun2010: /* Variation by Jurisdiction */

Molestation and other sex crimes against children

2011-02-22T02:05:06Z

Nsun2010: /* Model Penal Code */

Molestation and other sex crimes against children

2011-02-22T01:41:05Z

Nsun2010: /* Model Penal Code */

Molestation and other sex crimes against children

2011-02-22T01:26:41Z

Nsun2010: /* Background */

Molestation and other sex crimes against children

2011-02-19T00:00:56Z

Nsun2010: /* Background */

Molestation and other sex crimes against children

2011-02-19T00:00:43Z

Nsun2010: Created page with "==Background== Molestation is the persecution or harassment of someone, usually performed for a sexual gratification.<ref>Black's Law Dictionary, 9th Edition (2009)</ref> Closel..."

Crimes

2011-02-18T23:56:19Z

Nsun2010: /* List of Crimes */

Criminal law is by definition jurisdictional and the definition for a crime may differ greatly from one jurisdiction to the next. Generally the definitions for crimes may be found in a country's penal code. In contrast, the procedural aspects of a given criminal justice system will be found in the Code of Criminal Procedure. All of these crime would be considerd ''Mala in se'' because they are intrinsicaly wrong. However, all countries have crimes which are also considered ''malum prohibitum'', wrong simply for the violation of a legislative norm. Following is a sample list of some of the most common ''mala in se'' crimes that are present in almost every criminal justice system around the globe.

==List of Crimes==
<div style="float: left; width: 33.33%">
*Crimes Against the Person
** [[Assault]]
** [[Battery]]
** [[False Imprisonment]]
** Homicides
*** [[Manslaughter - Involuntary]]
*** [[Manslaughter - Voluntary]]
*** [[Murder]]
*** [[Felony Murder]]
** [[Human or Sex Trafficking]]
** [[Incest]]
** [[Kidnapping]]
** [[Mayhem]]
** [[Molestation and other sex crimes against children]]
** [[Rape]]
** [[Sodomy]]
** [[Stalking]]
** [[Statutory Rape]]

</div><div style="float: left; width: 33.33%">
* Crimes Against Property
** Arson
** Blackmail
** Burglary
** Embezzlement
** Extortion
** False Pretense
** Identity Theft
** Larceny
** Receiving Stolen Property
** Robbery
** Trespass
*Crimes Against "Public Order"
** Disturbing the Peace
** Idecent Exposure and other minor sex crimes
** Obscenity
** Possession or sale of controlled substances
** Possession of Firearm
** Prostitution
** Solicitation
** Vagrancy
</div><div style="float: left; width: 33.33%">

*Inchoate Crimes
**[[Accomplice Liability]]
**[[Attempt]]
**[[Conspiracy]]
**[[Solicitation]]
*Crimes against the Court
**Bribery
**Contempt
**Obstruction of Justice
**Perjury
*Crimes against the State
** Espionage
** Terrorism
** Treason
*Administrative Crimes
*International Law Crimes
** [[Crimes against Humanity]]
** [[Genocide]]
** [[War Crimes]]
** [[The Crime of Aggression]]

</div>

==Determining Criminal Liability==
Even though this basic list of crimes is almost universally accepted around the globe, the basic approach to determining criminal liability varies from one jurisdiction to the next. There are at least three basic approaches that have gained prominence: the American Common Law approach, The Model Pensl Code approach and the German or Continental approach used in many civil law countries.

==Common Law Definition of a Crime==
In order for a crime to have been committed, certain elements must be fulfilled. The exact definition of what constitutes a crime can differ from country to country.

As a general rule, every crime has two main elements:
#[[Actus Reus (Voluntary Act)]]
#[[Mens Rea (Culpable Mental State)]]
In addition, their must be:
#Concurrence of Actus Reus and Mens Rea
#Damages

Analysis can take place in any order.

In addition, each crime itself can be broken down to elements. In the United States, the prosecution is generally required to [[Standards of Proof | prove]] that the defendant had the requisite mental state for each element in order to prove the crime.

==Model Penal Code Definition of a Crime==
The American Law Institute's [[Model Penal Code]] continues to have great influence in the United States and in other common law countries around the world. The Model Penal Code take a somewhat different approach to criminal liability than traditional common law, although they are very similar.
In order for criminal liability to exist, the Model Penal Code requires the following elements to be proven:
#Conduct that
##inflicts or threatens
##substantial harm to individual or public interests
#without [[Justification and Excuse | justification]]
#without [[Justification and Excuse | excuse]]

==German Definition of a Crime==
Contintental and German academics and lawyers have a slightly different approach to determining criminal culpability. Rather than the common law dichtomoy of Mens Rea and Actus Reus, German thinkers tend to analyze culpability as having three elements:
#Definition
#Wrongdoing
#Culpability

In order to determine criminal liability german lawyers must analyze these three elements in order.When analyzing the first stage, the lawyer will determine whether there has been a voluntary act, a violation of a norm, causation, and damages. If these exist, a crime will exist and the defendant is presumed to have wrongfully acted. The defendant can then overcome this presumption by showing that the conduct was somehow[[Justification and Excuse | justified.]] If the defendant is unable to rebut the presumption of wrongdoing, the judge will analyze the final stage to determine legal culpability. Culpability can be negated by a showing of an [[Justification and Excuse | excuse]]. If the defendant is unable to negate culpability, he is guilty of the crime.

=Notes=
<references/>

Incest

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==Background==

Incest is the offense of having sexual relationships between family members or close relatives, including children related by adoption.<ref>Black's Law Dictionary, 9th Edition (2009)</ref> The crime of incest may involve any one of the following offenses: marriage, consensual cohabitation by unmarried persons, fornication (consensual intercourse), forcible rape, statutory rape, child abuse, and juvenile delinquency (sexual relations between minor siblings or cousins).<ref>Black's Law Dictionary, 9th Edition (2009)</ref> Generally, both parties to the activity in question may be charged with incest.<ref>Black's Law Dictionary, 9th Edition (2009)</ref>

==Model Penal Code==

The Model Penal Code article 230.2 addresses the crime of incest. Under this section, a person is guilty of incest "if he knowingly marries or cohabits or has sexual intercourse with an ancestor or descendant, a brother or sister of the whole or half blood [or an uncle, aunt, nephew or niece of the whole blood]."<ref>Model Penal Code, Article 230.2 (2001)</ref> "Cohabit" means living together under the appearance of being married. Moreover, this provision applies to adoptive, as well as blood relationships.<ref>Model Penal Code, Article 230.2 (2001)</ref> Incest is a felony in the third degree.<ref>Model Penal Code, Article 230.2 (2001)</ref>

==Variation by Jurisdiction==

'''Maryland'''

Under the Maryland Criminal Code section 3-323, a person may not knowingly engage in vaginal intercourse with anyone whom the person may not marry under the state's family law code (including grandparents, parents, offspring, siblings, or grandchildren).<ref>Maryland Criminal Code, § 3-323 (2002)</ref> A person who commits is guilty of a felony and on conviction is subject to imprisonment for not less than 1 year and not exceeding 10 years.<ref>Maryland Criminal Code, § 3-323 (2002)</ref>

'''Arkansas'''

In Arkansas, incest is a class C felony. Incest, under the Arkansas criminal code section 5-26-202, is when an individual, being older than 16 years old, purports to marry, has sexual intercourse with, or engages in deviate sexual activity with another person sixteen (16) years of age or older whom the actor knows to be (1) an ancestor or descendant, (2) a step or adopted child, (3) a sibling (half or whole blood), (4) an uncle, aunt, niece or nephew, or (5) a step or adopted grandchild.<ref>Arkansas Criminal Code, Title 5, Subtitle 3, § 5-26-202 (2003)</ref>

==Common Defenses==

Consent of the victim is never a defense to an accusation of incest. Low mental capacity is usually not a valid defense to the charge of incest. However, it may be considered by the trier of fact to speak to the ability of the accused to form the requisite intent to perform an act of incest. Generally, there is also a statute of limitations to the crime of incest, so if that period is over, the accused will have a statute of limitations defense to the incest charge.<ref>Joseph J. Bassano, Incest Defenses- American Jurisprudence, Nov. 2010</ref>

==Foreign Jurisdictions==

'''Germany'''

The German Criminal Code section 173 codifies the offense of incest. A person who engages in sexual intercourse with a descendant relative is liable for imprisonment for up to three years or a fine. A person who engages in sexual intercourse with an ancestral relative is liable for imprisonment for up to two years or a fine. Siblings who engage in sexual relations are also subject to an imprisonment term for up to two years or a fine. The German Criminal Code does not, however, hold minors (i.e. individuals under 18) liable for crimes of incest.<ref>http://www.gesetze-im-internet.de/englisch_stgb/englisch_stgb.html</ref>

'''Canada'''

Section 155 of part V of the Canadian Criminal Code addresses the offense of incest.<ref>http://laws.justice.gc.ca/eng/C-46/page-4.html#anchorbo-ga:l_V</ref> Under this section, a person commits incest when he or she knowingly has sexual intercourse with another person who is related by blood (i.e. parent, child, brother, sister, grandparent or grandchild).<ref>http://laws.justice.gc.ca/eng/C-46/page-4.html#anchorbo-ga:l_V</ref> The crime of incest is punishable by imprisonment for up to 14 years. It is a defense to the charge of incest if the accused was under restraint, duress or fear of the person with whom the accused had the sexual intercourse at the time the sexual intercourse occurred.<ref>http://laws.justice.gc.ca/eng/C-46/page-4.html#anchorbo-ga:l_V</ref>

----
See [[Crimes]]

==Notes==
<references>

Incest

2011-02-13T21:36:14Z

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Incest

2011-02-13T21:27:15Z

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Incest

2011-02-13T21:22:19Z

Nsun2010: /* Variation by Jurisdiction */

Rape

2011-02-13T20:58:50Z

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==Background==

Originally at common law, rape referred to unlawful sexual intercourse by a man with a woman who was not his wife, through force and against her will.<ref>Black's Law Dictionary, 9th edition (2009)</ref> Under this definition, marriage was an automatic defense to rape, as a husband could not be convicted of raping his wife. In modern times, the definition of rape has broadened considerably to include the recognition of marital rape and to make gender (of both the perpetrator and the victim) irrelevant.

==Model Penal Code==

Under the Model Penal Code § 213.1, a male who has sexual intercourse with a female not his wife is guilty of rape if:

(a) he compels her to submit by force or by threat of imminent death, serious bodily injury, extreme pain or kidnapping, to be inflicted on anyone; or

(b) he has substantially impaired her power to appraise or control her conduct by administering or employing without her knowledge drugs, intoxicants or other means for the purpose of preventing resistance; or

(c) the female is unconscious; or

(d) the female is less than 10 years old.

Rape is usually a felony in the second degree. However, if the perpetrator inflicts serious bodily injury upon anyone, or if the victim was not a voluntary social companion of the actor upon the occasion of the crime and had not previously permitted him sexual liberties, the rape is categorized as a felony in the first degree.<ref>Model Penal Code, § 213.1 (2001)</ref> The same section (213.1) also addresses the lesser offense of gross sexual imposition.

==Variation by Jurisdiction==

'''New York'''

The New York Penal Code separates the crime of rape into three degrees. Rape in the first degree is when a person engages in sexual intercourse with another person by force, or who is incapable of consent by reason of being physically helpless; or who is less than eleven years old; or who is less than thirteen years old and the actor is eighteen years old or more. Rape in the first degree is a class B felony.<ref>New York Penal Code § 130.35 (2009)</ref> Rape in the second degree is when a person is 18 years old or more and he or she has sexual intercourse with another person less than 15 years old (see [[Statutory Rape]]), or a person engages in sexual intercourse with another who is incapable of consent due to a mental disability. An individual has an affirmative defense to the crime of rape in the second degree if he or she was less than four years older than the victim at the time of the act. Rape in the second degree is a class D felony.<ref>New York Penal Code §130.30 (2009)</ref> A person is guilty of rape in the third degree when: he or she engages in sexual intercourse with another who is incapable of consent by reason of some factor other than being less than seventeen years old; is twenty-one years old or more and engages in sexual intercourse with another person less than seventeen years old; or engages in sexual intercourse with another without such person's consent where such lack of consent is by reason of some factor other than incapacity to consent. Rape in the third degree is a class E felony.<ref>New York Penal Code § 130.25 (2009)</ref>

'''Maryland'''

Section 303.3 of the Maryland Criminal Code states that a person may not engage in vaginal intercourse with another by force, or the threat of force, without the consent of the other. If the person employs or displays a dangerous weapon, inflicts serious injury on the victim, threatens to inflict serious injury on the victim, or commits the act in connection with a burglary, this offense is categorized as rape in the first degree and is subject to imprisonment not exceeding a life sentence. However, if a person engages in vaginal intercourse with another by force, or the threat of force, without the consent of the other; or if the victim is a mentally defective or a physically helpless individual, and the person performing the act knows or reasonably should know that the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual; or if the victim is under the age of 14 years, and the person performing the act is at least 4 years older than the victim, then this offense is categorized as rape in the second degree. The perpetrator of such a crime is subject to imprisonment not exceeding 20 years.<ref>Maryland Criminal Code § 3-304 (2002</ref>

==Common Defenses==

A common defense to rape is that the person consented to the sexual intercourse.<ref>Stephen Lease, Assault with Intent to Rape and Related Offenses, Corpus Juris Secundum (2010)</ref> Intoxication is generally not a defense to a rape charge. It may, however, be a defense to rape if it produces a mental condition of insanity (though this is an extremely rare occurrence).<ref>Stephanie A. Giggetts, Rape Defenses: Intoxication, American Jurisprudence, Second Edition (2010)</ref> Furthermore, the reputation of the victim (i.e. previous unchaste character) is not a defense. The fact that the defendant may not be able to complete the act of rape does not negate a charge of assault with the intent to commit rape, but it may speak to the accused's intent.<ref>Stephen Lease, Rape- Corpus Juris Secundum, Dec. 2010</ref>

==Foreign Jurisdictions==

'''Germany'''

The German Criminal Code section 177 covers sexual assault and rape. It states that:

(1) Whosoever coerces another person by force;by threat of imminent danger to life or limb; orby exploiting a situation in which the victim is unprotected and at the mercy of the offender, to suffer sexual acts by the offender or a third person on their own person or to engage actively in sexual activity with the offender or a third person, shall be liable to imprisonment of not less than one year.

(2) In especially serious cases the penalty shall be imprisonment of not less than two years. An especially serious case typically occurs if the offender performs sexual intercourse with the victim or performs similar sexual acts with the victim, or allows them to be performed on himself by the victim, especially if they degrade the victim or if they entail penetration of the body (rape); orthe offence is committed jointly by more than one person.

(3) The penalty shall be imprisonment of not less than three years if the offender carries a weapon or another dangerous instrument;otherwise carries an instrument or other means for the purpose of preventing or overcoming the resistance of another person through force or threat of force; orby the offence places the victim in danger of serious injury.

(4) The penalty shall be imprisonment of not less than five years if the offender uses a weapon or another dangerous instrument during the commission of the offence; or ifthe offender(a)seriously physically abuses the victim during the offence; or(b)by the offence places the victim in danger of death.

(5) In less serious cases under subsection (1) above the penalty shall be imprisonment from six months to five years, in less serious cases under subsections (3) and (4) above imprisonment from one to ten years.<ref>http://www.gesetze-im-internet.de/englisch_stgb/englisch_stgb.html</ref>

'''Kenya'''

Section 139 of the Kenyan Criminal Code defines "rape" as the "unlawful carnal knowledge of a woman or girl, without her consent, or with her consent if the consent is obtained by force or by means of threats or intimidation of any kind, or by fear of bodily harm, or by means of false representations as to the nature of the act, or, in the case of a married woman, by personating her husband."<ref>http://www.interpol.int/public/Children/SexualAbuse/NationalLaws/csaKenya.asp</ref> Rape is a felony in Kenya and is punishable by imprisonment for life, with or without corporeal punishment.<ref>http://www.interpol.int/public/Children/SexualAbuse/NationalLaws/csaKenya.asp</ref>

----
See [[Crimes]]

==Notes==

<references>

Mayhem

2011-02-13T20:52:50Z

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==Background==

The word "mayhem" is the older form of the word "maim."<ref>Maria Del Rio, J.D., Mayhem and Related Offenses, American Jurisprudence, 2nd edition (2010)</ref> Under common law, mayhem is the crime of maliciously injuring a person's body, especially to impair or destroy the victim's capacity for self-defense.<ref>Black's Law Dictionary, 9th edition (2009)</ref> This is usually treated as part of aggravated battery under modern-day statutes. Mayhem has three elements: 1) a malicious and 2) unlawful act of physical force 3 which deprives a person of a member of his/her body or disables, disfigures, or renders it useless, or cuts or disables the tongue, or puts out an eye, or slits the nose, ear, or lip.<ref>Maria Del Rio, J.D., Mayhem and Related Offenses, American Jurisprudence, 2nd edition (2010)</ref> Mayhem may also refer to violent destruction or disruption.

==Model Penal Code==

The Model Penal Code consolidates the crime of mayhem with the crime of assault in section 211.1. Mayhem is usually seen as constituting aggravated assault.<ref>Model Penal Code, Explanatory Notes for Sections 211.1-211.3 (2009)</ref>

==Variation by Jurisdiction==

'''California'''

In California, a person who "unlawfully and maliciously deprives a human being of a member of his body, or disables, disfigures, or renders it useless, or cuts or disables the tongue, or puts out an eye, or slits the nose, ear, or lip, is guilty of mayhem."<ref>CA Penal Code, Title 8, Chapter 2, § 203 (2008)</ref> A conviction for mayhem is punishable by imprisonment for two, four, or eight years. California also has the crime of aggravated mayhem, meaning that a person "unlawfully, under circumstances manifesting extreme indifference to the physical or psychological well-being of another person, intentionally causes permanent disability or disfigurement of another human being or deprives a human being of a limb, organ, or member of his or her body." Aggravated mayhem is categorized as a felony and is punishable by a sentence of life in prison.<ref>CA Penal Code, Title 8, Chapter 2, § 205 (2008)</ref> In addition to both mayhem and aggravated mayhem, California Penal Code also includes the related crime of torture.<ref>CA Penal Code, Title 8, Chapter 2, § 206 (2008)</ref>

'''Nevada'''

Under Title 15, section 200.280, an individual commits mayhem when she or he unlawfully deprives a "human being of a member of his or her body, or disfiguring or rendering it useless." This includes actions such as cutting out or disabling the tongue, putting out an eye, slitting the nose, ear or lip, or disabling any limb or member of another, or voluntarily, or of purpose, putting out an eye.<ref>Nevada Criminal Code, Title 15, Chapter 200, Section 280 (2009)</ref> The state categorizes it as a class B felony. A conviction of mayhem includes a sentence of imprisonment for two to ten years, and may be further enhanced by a fine of up to $10,000.

==Common Defenses==

Depending on the circumstances of a situation, a defense to mayhem may be that the defendant lacked the intent to cause harm or disfigurement to the victim. Though this will likely not discharge the defendant from all criminal liability, it may lessen the charge (i.e. from aggravated assault to assault).

-----
See [[Crimes]]

==Notes==
<references>

Kidnapping

2011-02-13T20:40:25Z

Nsun2010: /* Variation by Jurisdiction */

==Background==

In modern law, kidnapping is generally described as the crime of seizing and taking away a person by force or fraud.<ref>Black's Law Dictionary, Kidnapping Defined, 9th Edition (2009)</ref> However, at common law, kidnapping referred to a more specific action: the crime of forcibly abducting a person from his or her own country and sending the person to another.<ref>Black's Law Dictionary, Kidnapping Defined, 9th Edition (2009)</ref> Kidnapping may be categorized into various types of offenses, including:

'''Aggravated kidnapping''': kidnapping accompanied by some type of an aggravating factor (e.g. injury to victim or demand for ransom). When kidnapping involves a demand for ransom, it can be categorized as a capital offense.

'''Child-napping''': the kidnapping of a minor

'''Kidnapping by cesarean''': the crime of forcibly abducting a person from his or her own country and sending the person to another<ref>Black's Law Dictionary, Kidnapping Defined, 9th Edition (2009)</ref>

==Model Penal Code==

Under the Model Penal Code (MPC), section 212 addresses kidnapping and related offenses. A person is guilty of kidnapping if he unlawfully removes another from his place of residence or business, or a substantial distance from the vicinity where he is found, or if he unlawfully confines another for a substantial period in a place of isolation, with any of the following purposes:

(a) to hold for ransom or reward, or as a shield or hostage; or

(b) to facilitate commission of any felony or flight thereafter; or

(c) to inflict bodily injury on or to terrorize the victim or another; or

(d) to interfere with the performance of any governmental or political function.<ref>Model Penal Code, § 212.1 (2001)</ref>

Usually, kidnapping is considered a felony in the first degree unless the defendant voluntarily releases the victim alive and in a safe place prior to the trial. In such a case, the kidnapping would be a felony in the second degree. In the MPC, unlawful confinement is defined as confinement accomplished by force, threat, deception, or, if the victim is under 14 or is incompetent, is accomplished without the consent of the child's parent or guardian.<ref>Model Penal Code, § 212.1 (2001)</ref>

A related offense under the MPC addresses interference with custody. Under section 212.4, a person commits an offense if he knowingly or recklessly takes or entices any child under the age of 18 from the custody of its parent, guardian or other lawful custodian, when he has no privilege to do so.<ref>Model Penal Code, § 212.4(1) (2001)</ref> This offense is generally categorized as a misdemeanor, unless the defendant acted with the knowledge or in reckless disregard that his actions would cause serious alarm for the child's safety. In such a case, the offense is considered a felony in the third degree.<ref>Model Penal Code, § 212.4(1) (2001)</ref> A person also commits an offense if he knowingly or recklessly takes or entices any committed person away from lawful custody when he is not privileged to do so.<ref>Model Penal Code, § 212.4(2) (2001)</ref> This offense is categorized as a misdemeanor.

==Variation by Jurisdiction==

'''California'''

California addresses kidnapping in Chapter 3 of Title 8 of its Penal Code. CA defines kidnapping generally as detaining or enticing a person by force, fear, or false misrepresentations and carrying that person into another country, state, or county (or another part of the same county).<ref> CA Penal Code, § 207(a) (2008)</ref> Kidnapping is punishable by a prison term of three, five, or eight years.<ref> CA Penal Code, § 208(a) (2008)</ref> If the victim of the kidnapping is under the age of 14, then the prison term may be five, eight, or eleven years.<ref>CA Penal Code, § 208(b) (2008)</ref> The California Penal Code also discusses more specific crimes of kidnapping, such as kidnapping for ransom and kidnapping during the commission of a carjacking.<ref>CA Penal Code, §§ 209-209.5 (2008)</ref> Kidnapping for ransom, under the 2008 CA Penal Code, was considered a felony. The punishment for the crime was life in prison.<ref>CA Penal Code, § 209 (2008)</ref>

'''Maryland'''

Maryland section § 3-502, a person may not, by force or fraud, carry or cause a person to be carried in or outside the State with the intent to have the person carried or concealed in or outside the State.<ref>MD Penal Code, § 3-502 (2002)</ref> Kidnapping is a felony in Maryland and if convicted, a defendant is subject to a prison sentence that does not exceed 30 years. Maryland also has a specific provision for child kidnapping, which applies when the victim is a child under the age of 12.<ref>MD Penal Code, § 3-503 (2002)</ref>

==Common Defenses==

Duress may be a defense to kidnapping if 1) the defendant was under an unlawful and imminent threat inducing a well-grounded apprehension of death or serious bodily injury; (2) that he had not recklessly or negligently placed himself in the situation; (3) that he had no reasonable legal alternative to violating the law; and (4) that there was a direct causal relationship between the criminal action and the avoidance of harm.<ref>Joseph J. Bassano, Kidnapping Defenses- Corpus Juris Secundum, Dec. 2010</ref> The belief of the accused that she or he was acting under the authority of the law may sometimes be a defense to kidnapping, depending on the wording of the statute.<ref>Joseph J. Bassano, Kidnapping Defenses- Corpus Juris Secundum, Dec. 2010</ref> Justifiable use of deadly force to restrain a victim who originally threatened the defendant may also be a defense to the charge of armed kidnapping.<ref>Joseph J. Bassano, Kidnapping Defenses- Corpus Juris Secundum, Dec. 2010</ref>

==Foreign Jurisdictions==

'''Germany'''

Section 234 of the German Criminal Code states that whoever seizes a human being by force, threat of appreciable harm or trickery, in order to abandon him in a helpless situation, place him in slavery or bondage or introduce him to service in a military or paramilitary institution abroad, shall be punished with imprisonment for not less than one year. 234(a) addresses abduction specifically. Section 239 deals with extortionate kidnapping (i.e. kidnapping for ransom). It states that whoever abducts or seizes a human being in order to exploit for purposes of extortion (Section 253) the victim's concern for his own welfare or the concern of a third person for the welfare of the victim, or whoever exploits for purposes of such extortion a human being's situation created by such an act, shall be punished by imprisonment for not less than five years. If the extortionate kidnapping at least recklessly results in the death of the victim, then the imprisonment duration can range from a ten year minimum to life.<ref>http://www.iuscomp.org/gla/statutes/StGB.htm#234</ref>

'''India'''

Under section 359 the Indian Penal Code, there are two types of kidnapping: kidnapping from India and kidnapping from unlawful guardianship.<ref>http://www.vakilno1.com/bareacts/indianpenalcode/S359.htm</ref> The punishment for either for of kidnapping is imprisonment for not longer than seven years, and may include a fine.<ref>http://www.vakilno1.com/bareacts/indianpenalcode/S363.htm</ref> Section 364(a) specifically addresses kidnapping for ransom. If a defendant is convicted of kidnapping for ransom, he is punishable by death, life imprisonment, and/or a fine.<ref>http://www.vakilno1.com/bareacts/indianpenalcode/S364A.htm</ref> The Indian Penal Code also has provisions for a variety of kidnapping crimes including, kidnapping a minor for the purposes of begging (section 363(a)), kidnapping in order to murder (section 364), kidnapping or abducting a woman for purposes of marriage (section 366), and kidnapping in order to subject a person to slavery (section 367).<ref>http://www.vakilno1.com/bareacts/indianpenalcode/indianpenalcode2.htm</ref>

'''Kenya'''

The Kenyan Penal Code categorizes kidnapping into kidnapping from Kenya and kidnapping from lawful guardianship. Kidnapping from Kenya means that the defendant conveyed a person beyond the borders of Kenya without the consent of the person or of some person legally authorized on behalf of that person.<ref>http://www.kenyalaw.org/Downloads/Acts/Penal%20Code%20Cap%2063(%202009Final%20Final).pdf</ref> Kidnapping from lawful guardianship means the defendant entices a child under the age of fourteen from the keeping of the guardian, without the guardian's consent.<ref>http://www.kenyalaw.org/Downloads/Acts/Penal%20Code%20Cap%2063(%202009Final%20Final).pdf</ref> Another crime closely related to kidnapping is the charge of abduction, meaning that the defendant compels or deceitfully induces a person to go from one place to another (not necessarily out of the country or from the keeping of a lawful guardian).<ref>http://www.kenyalaw.org/Downloads/Acts/Penal%20Code%20Cap%2063(%202009Final%20Final).pdf</ref> Kidnapping and abduction are considered felonies.<ref>http://www.kenyalaw.org/Downloads/Acts/Penal%20Code%20Cap%2063(%202009Final%20Final).pdf</ref>

-----
See [[Crimes]]

==Notes==
<references>

Human or Sex Trafficking

2011-02-13T20:33:57Z

Nsun2010: /* Variation by Jurisdiction */

==Background==

Human trafficking is the illegal recruitment, transportation, transfer, harboring, or receipt of a person, especially one from another country, with the intent to hold the person captive or exploit the person for labor, services, or body parts.<ref>Black's Law Dictionary, 9th Edition (2009)</ref> Individuals are often trafficked in order to provide involuntary labor for sex work, forced marriages, sweatshop work, and slavery.<ref>Black's Law Dictionary, 9th Edition (2009)</ref>

==Federal Law of the United States==

The U.S. has a federal law that prohibits human trafficking. § 1589 of the criminal code prohibits forced labor, while § 1584 prohibits sale into involuntary servitude.<ref>U.S. Criminal Code, Title 18, Part I, Chapter 77, § 1584, 1589 (2000)</ref> Furthermore, § 1590 states that "whoever knowingly recruits, harbors, transports, provides, or obtains by any means, any person for labor or services" in violation of the prohibition against trafficking can be fined and/or imprisoned for up to 20 years.<ref>U.S. Criminal Code, Title 18, Part I, Chapter 77, § 1590 (2000)</ref> If the trafficking results in the death of the victim, then the perpetrator may be fined and/or imprisoned for life.<ref>U.S. Criminal Code, Title 18, Part I, Chapter 77, § 1590 (2000)</ref>

==Variation by Jurisdiction==

'''Maryland'''

Though Maryland does not have a law that addresses the question of human trafficking more generally, it does have a law that prohibits pandering (i.e. provision or facilitation of sex acts). Under the law, a person may not take or cause another to be taken to any place for prostitution.<ref> Maryland Criminal Code, § 11-303 (2002)</ref> In Maryland, a violation of this clause qualifies as a misdemeanor form of human trafficking, punishable by imprisonment for up to 10 years and/or a fine for up to $5,000 USD.<ref> Maryland Criminal Code, § 11-303 (2002)</ref> The state does, however, have more severe punishments for pandering involving minors and in which a person knowingly takes or detains another with the intent to use force, threat, coercion, or fraud to compel the other to marry the person or a third person or perform a sexual act, sexual contact, or vaginal intercourse. This type of human trafficking is categorized as a felony, with a punishment of up to 25 years imprisonment and/or a fine of up to $15,000 USD.<ref> Maryland Criminal Code, § 11-303 (2002)</ref>

'''Texas'''

In Texas, a person commits human trafficking when he knowingly traffics another person with the intent or knowledge that the trafficked person will engage in forced labor or services; or benefits from participating in the trafficking, which includes receiving labor or services that the person knows is forced.<ref>Texas Penal Code, Title 5, Chapter 20A, § 20A.02 (2010)</ref> Generally, the offense of trafficking constitutes a second degree felony unless the perpetrator traffics a minor (i.e. under 18) or the trafficking results in the death of the victim. In these cases, the crime is a first degree felony.<ref>Texas Penal Code, Title 5, Chapter 20A, § 20A.02 (2010)</ref>

==Common Defenses==

A defense to some trafficking statutes may be that the defendant was unaware or did now know that he or she was somehow involved in trafficking persons.

==Foreign Jurisdictions==

'''Sweden'''

In 2002, the Swedish Parliament passed a law that criminalizes human trafficking for sexual purposes entitled "Prohibiting Trafficking in Human Beings for Sexual Purposes Act."<ref>http://legislationline.org/topics/country/1/topic/14</ref> The government later broadened this law to cover other forms of trafficking in 2005. Under the section 1a of the chapter addressing Crimes against Liberty and Peace, it is illegal for an individual to use unlawful coercion, deception, exploitation, or other improper means to recruit, transport, accommodate, receive, or implement any means of exploitation for sexual purposes. This law also applies to exploitation in relation to compulsory work, war service, removal of organs, or in any other situation that involves strong distress for a vulnerable person. An individual convicted under this section is guilty of human trafficking, a crime that is punishable by a term of imprisonment ranging from two to ten years.<ref>http://legislationline.org/topics/country/1/topic/14</ref> Conspiracy to traffic or preparation for trafficking is also crime under the Swedish Penal Code, chapter 4, section 10.<ref>http://legislationline.org/topics/country/1/topic/14</ref>

'''Vietnam'''

Article 119 of the Vietnamese Penal Code addresses the crime of trafficking in women. In general, an individual who traffics women is punishable by imprisonment for two to seven years. The Code also provides a more severe punishment of five to twenty years for individuals who trade in women for the prostitution purposes for the purposes of sending them overseas. The more severe punishments also apply to individuals who traffic in more than one person or who have repeatedly trafficked women.<ref>http://www.worldlii.org/vn/legis/pc66/s119.html</ref>

----
See [[Crimes]]

==Notes==
<references>

False Imprisonment

2011-02-13T20:16:28Z

Nsun2010: /* Variation by Jurisdiction */

==Background==

At common law, false imprisonment was a misdemeanor and a tort. False imprisonment occurs when the perpetrator restraints a person in a bounded area without justification or consent.<ref>Black's Law Dictionary, 9th edition (2009)</ref> Generally, false imprisonment differs from kidnapping in that kidnapping requires the transportation of a victim (i.e. asportation). In some jurisdictions, if the false imprisonment is secret, the jurisdictions treat it the same as kidnapping.<ref>Black's Law Dictionary, 9th edition (2009)</ref>

==Model Penal Code==

Model Penal Code section 212.3 addresses false imprisonment. It states that "a person commits a misdemeanor if he knowingly restrains another unlawfully so as to interfere substantially with his liberty."<ref>Model Penal Code, § 212.3 (2001)</ref>

==Variation by Jurisdiction==

'''Maryland'''

In Maryland, there is no separate article for false imprisonment in its criminal code. Instead, false imprisonment is lesser offenses included under kidnapping. It is also a common law crime that has been dealt with in case law.<ref> For an example, see State v. State 513 A.2d 870 (1986)</ref>

'''California'''

The California Penal Code defines false imprisonment as the unlawful violation of the personal liberty of another. The punishment for this crime is a fine for up to $1,000 USD and/or imprisonment in county or state prison for up to one year.<ref>CA Penal Code, Title 8, Chapter 8, § 237 (2008)</ref> The charge of human trafficking is related to and constitutes a type of false imprisonment. The punishment for human trafficking is imprisonment from three to eight years, depending on the age of the trafficking victim.<ref>CA Penal Code, Title 8, Chapter 8, § 236.1 (2008)</ref>

==Common Defenses==

A common defense to the charge of false imprisonment is that the imprisonment was justified or lawful. Generally, restraining a person for the purposes of preventing him or her inflicting harm on others may be a lawful defense. However, the determination of whether the restraint is lawful depends on the specific circumstances of the situation. The consent of the victim to imprisonment is also a defense, provided that such consent was not obtained through coercion or force. Furthermore, a bona fide attempt to prevent a person from committing suicide by restraint does not constitute false imprisonment.<ref>William Lindsley, False Imprisonment Defenses- Corpus Juris Secundum, Dec. 2010</ref>

==Foreign Jurisdictions==

'''Germany'''

The German Penal Code does not explicitly contain an article that uses the term "false imprisonment." However, the Code does refer to related acts such as kidnapping, abduction, and deprivation of liberty.<ref>http://www.iuscomp.org/gla/statutes/StGB.htm#239</ref>

'''Kenya'''

Kenya, like Germany, does not have a provision in its Penal Code that specifically addresses false imprisonment. It does, however, have a section on the related crime of [[kidnapping]].<ref>http://www.kenyalaw.org/Downloads/Acts/Penal%20Code%20Cap%2063(%202009Final%20Final).pdf</ref>

----
See [[Crimes]]

==Notes==
<references>

Sodomy

2011-02-13T20:02:50Z

Nsun2010: /* Variation by Jurisdiction */

==Background==

Sodomy is defined as oral or anal copulation between humans, especially those of the same sex.<ref>Black's Law Dictionary, 9th Edition (2009)</ref> A related crime is aggravated sodomy, which involves force or results in serious bodily injury to the victim, in addition mental and emotional distress.<ref>Black's Law Dictionary, 9th Edition (2009)</ref> The Model Penal Code includes sodomy in its definition of deviate sexual behavior.<ref>Model Penal Code § 213.0 (2001)</ref>

A landmark case in the U.S. that drastically impacted sodomy laws was the Supreme Court's decision in ''Lawrence v. Texas''.<ref>Lawrence v. Texas, 539 U.S. 558 (2003)</ref> The ''Lawrence'' case was the first time a same sex couple were prosecuted and convicted under the Texas sodomy statute of consensual sodomy performed by adults in a private bedroom.<ref>Christopher R. Leslie, Lawrence v. Texas as the Perfect Storm, 38 U.C. Davis L. Rev. 509 (2005)</ref> In ''Lawrence'', the Supreme Court held that state laws that ban private, consensual sodomy between adults are unconstitutional as an infringement on the right to privacy. The decision in ''Lawrence'' overturned the Court's prior ruling in ''Bowers v. Hardwick'', in which the Court held that Georgia's sodomy statute did not violate the fundamental rights of homosexuals.<ref>Bowers v. Hardwick, 478 U.S. 186 (1986)</ref>

==Federal Laws of the United States==

Violations of state sodomy laws can be brought into federal court when committed within the special maritime and territorial jurisdiction of the United States.<ref>Eric C. Surette, Sodomy Summary, American Jurisprudence (2010)</ref> The Assimilative Crimes Act provides the basis of jurisdiction for these types of cases. Moreover, the Code of Military Justice punishes sodomy activities within military personnel.<ref>Eric C. Surette, Sodomy Summary, American Jurisprudence (2010)</ref>

==Variation by Jurisdiction==

'''New York'''

New York categorizes the crime of sodomy under criminal sexual acts. Such crimes are split into three types of offenses: criminal sexual acts in the third degree, criminal sexual acts in the second degree, and criminal sexual acts in the first degree.<ref>New York Penal Code, Title H, Article 130, § 130.40-130.50 (2009)</ref> A person is guilty of criminal sexual act in the third degree when 1) he engages in oral sexual conduct or anal sexual conduct with a person who is incapable of consent by reason of some factor other than being less than seventeen years old, 2) he, being older than twenty-one, engages in oral sexual conduct or anal sexual conduct with a person less than seventeen years old or 3) he engages in oral sexual conduct or anal sexual conduct with another person without such person's consent where such lack of consent is by reason of some factor other than incapacity to consent. A criminal sexual act in the third degree is a class E felony.<ref>New York Penal Code, Title H, Article 130, § 130.40 (2009)</ref>

A person is guilty of criminal sexual act in the second degree when 1) he, being over the age of eighteen, engages in oral sexual conduct or anal sexual conduct with another person less than fifteen years old or 2) he engages in oral sexual conduct or anal sexual conduct with another person who is incapable of consent by reason of being mentally disabled or mentally incapacitated. If the defendant was less than four years older than the victim at the time of the offense, then this fact may be used as an affirmative defense in the defendant's favor. Criminal sexual acts in the second degree is a class D felony.<ref>New York Penal Code, Title H, Article 130, § 130.45 (2009)</ref>

A person is guilty of criminal sexual act in the first degree when he or she engages in oral sexual conduct or anal sexual conduct with another person: 1) by forcible compulsion 2) who is incapable of consent by reason of being physically helpless 3) who is less than eleven years old or 4) who is less than thirteen years old and the actor is eighteen years old or more. This crime is a class B felony.<ref>New York Penal Code, Title H, Article 130, § 130.50 (2009)</ref>

'''Maryland'''

Under the Maryland Criminal Code section 3-321, the crime of forced sodomy is punishable by imprisonment for up to ten years.<ref>Maryland Criminal Code, § 3-321 (2002)</ref>

==Common Defenses==

Depending on the sodomy statute and the specific situation of a case, consent may sometimes be a defense to the charge of sodomy (i.e. consent is usually not a defense when the sodomy charge involves a minor). Mental disability and irresistible insane impulse are defenses to sodomy. The theory behind the mental disability defense is that an individual is unable to comprehend the nature and consequences of the act.<ref>Jane E. Lehman, Sodomy- Corpus Juris Secundum, Nov. 2010</ref>

==Foreign Jurisdictions==

'''Burma/Myanmar'''

Section 377 of the Burmese Criminal Code does not explicitly mention sodomy, but does prohibit "unnatural offenses," meaning the voluntarily carnal knowledge of man, woman, or animal that is against the "order of nature." This crime is punishable by imprisonment and fines.<ref>http://www.blc-burma.org/html/myanmar%20penal%20code/mpc.html</ref>

'''Uganda'''

Uganda also does not have a legal provision that specifically mentions sodomy, but it does have a section of its criminal code that bans “carnal knowledge of any person against the order of nature." If charged with this crime, an individual may be sentenced to life imprisonment.<ref>http://www.amnesty.org/en/library/asset/POL30/003/2008/en/d77d0d58-4cd3-11dd-bca2-bb9d43f3e059/pol300032008eng.html#sdendnote48anc</ref>

----
See [[Crimes]]

==Notes==
<references>

Sodomy

2011-02-13T19:56:13Z

Nsun2010: /* Foreign Jurisdictions */

==Background==

Sodomy is defined as oral or anal copulation between humans, especially those of the same sex.<ref>Black's Law Dictionary, 9th Edition (2009)</ref> A related crime is aggravated sodomy, which involves force or results in serious bodily injury to the victim, in addition mental and emotional distress.<ref>Black's Law Dictionary, 9th Edition (2009)</ref> The Model Penal Code includes sodomy in its definition of deviate sexual behavior.<ref>Model Penal Code § 213.0 (2001)</ref>

A landmark case in the U.S. that drastically impacted sodomy laws was the Supreme Court's decision in ''Lawrence v. Texas''.<ref>Lawrence v. Texas, 539 U.S. 558 (2003)</ref> The ''Lawrence'' case was the first time a same sex couple were prosecuted and convicted under the Texas sodomy statute of consensual sodomy performed by adults in a private bedroom.<ref>Christopher R. Leslie, Lawrence v. Texas as the Perfect Storm, 38 U.C. Davis L. Rev. 509 (2005)</ref> In ''Lawrence'', the Supreme Court held that state laws that ban private, consensual sodomy between adults are unconstitutional as an infringement on the right to privacy. The decision in ''Lawrence'' overturned the Court's prior ruling in ''Bowers v. Hardwick'', in which the Court held that Georgia's sodomy statute did not violate the fundamental rights of homosexuals.<ref>Bowers v. Hardwick, 478 U.S. 186 (1986)</ref>

==Federal Laws of the United States==

Violations of state sodomy laws can be brought into federal court when committed within the special maritime and territorial jurisdiction of the United States.<ref>Eric C. Surette, Sodomy Summary, American Jurisprudence (2010)</ref> The Assimilative Crimes Act provides the basis of jurisdiction for these types of cases. Moreover, the Code of Military Justice punishes sodomy activities within military personnel.<ref>Eric C. Surette, Sodomy Summary, American Jurisprudence (2010)</ref>

==Variation by Jurisdiction==

'''New York'''

New York categorizes the crime of sodomy under criminal sexual acts. Such crimes are split into three types of offenses: criminal sexual acts in the third degree, criminal sexual acts in the second degree, and criminal sexual acts in the first degree.<ref>New York Penal Code, Title H, Article 130, § 130.40-130.50 (2009)</ref> A person is guilty of criminal sexual act in the third degree when 1) he engages in oral sexual conduct or anal sexual conduct with a person who is incapable of consent by reason of some factor other than being less than seventeen years old, 2) he, being older than twenty-one, engages in oral sexual conduct or anal sexual conduct with a person less than seventeen years old or 3) he engages in oral sexual conduct or anal sexual conduct with another person without such person's consent where such lack of consent is by reason of some factor other than incapacity to consent. A criminal sexual act in the third degree is a class E felony.<ref>New York Penal Code, Title H, Article 130, § 130.40 (2009)</ref>

A person is guilty of criminal sexual act in the second degree when 1) he, being over the age of eighteen, engages in oral sexual conduct or anal sexual conduct with another person less than fifteen years old or 2) he engages in oral sexual conduct or anal sexual conduct with another person who is incapable of consent by reason of being mentally disabled or mentally incapacitated. If the defendant was less than four years older than the victim at the time of the offense, then this fact may be used as an affirmative defense in the defendant's favor. Criminal sexual acts in the second degree is a class D felony.<ref>New York Penal Code, Title H, Article 130, § 130.45 (2009)</ref>

A person is guilty of criminal sexual act in the first degree when he or she engages in oral sexual conduct or anal sexual conduct with another person: 1) by forcible compulsion 2) who is incapable of consent by reason of being physically helpless 3) who is less than eleven years old or 4) who is less than thirteen years old and the actor is eighteen years old or more. This crime is a class B felony.<ref>New York Penal Code, Title H, Article 130, § 130.50 (2009)</ref>

'''Maryland'''

Under the Maryland Criminal Code section 3-321, the crime of forced sodomy is punishable by imprisonment for up to ten years.<ref>Maryland Criminal Code, § 3-321 (2002)</ref>

==Foreign Jurisdictions==

'''Burma/Myanmar'''

Section 377 of the Burmese Criminal Code does not explicitly mention sodomy, but does prohibit "unnatural offenses," meaning the voluntarily carnal knowledge of man, woman, or animal that is against the "order of nature." This crime is punishable by imprisonment and fines.<ref>http://www.blc-burma.org/html/myanmar%20penal%20code/mpc.html</ref>

'''Uganda'''

Uganda also does not have a legal provision that specifically mentions sodomy, but it does have a section of its criminal code that bans “carnal knowledge of any person against the order of nature." If charged with this crime, an individual may be sentenced to life imprisonment.<ref>http://www.amnesty.org/en/library/asset/POL30/003/2008/en/d77d0d58-4cd3-11dd-bca2-bb9d43f3e059/pol300032008eng.html#sdendnote48anc</ref>

----
See [[Crimes]]

==Notes==
<references>

Sodomy

2011-02-13T19:36:14Z

Nsun2010: /* Variation by Jurisdiction */

==Background==

Sodomy is defined as oral or anal copulation between humans, especially those of the same sex.<ref>Black's Law Dictionary, 9th Edition (2009)</ref> A related crime is aggravated sodomy, which involves force or results in serious bodily injury to the victim, in addition mental and emotional distress.<ref>Black's Law Dictionary, 9th Edition (2009)</ref> The Model Penal Code includes sodomy in its definition of deviate sexual behavior.<ref>Model Penal Code § 213.0 (2001)</ref>

A landmark case in the U.S. that drastically impacted sodomy laws was the Supreme Court's decision in ''Lawrence v. Texas''.<ref>Lawrence v. Texas, 539 U.S. 558 (2003)</ref> The ''Lawrence'' case was the first time a same sex couple were prosecuted and convicted under the Texas sodomy statute of consensual sodomy performed by adults in a private bedroom.<ref>Christopher R. Leslie, Lawrence v. Texas as the Perfect Storm, 38 U.C. Davis L. Rev. 509 (2005)</ref> In ''Lawrence'', the Supreme Court held that state laws that ban private, consensual sodomy between adults are unconstitutional as an infringement on the right to privacy. The decision in ''Lawrence'' overturned the Court's prior ruling in ''Bowers v. Hardwick'', in which the Court held that Georgia's sodomy statute did not violate the fundamental rights of homosexuals.<ref>Bowers v. Hardwick, 478 U.S. 186 (1986)</ref>

==Federal Laws of the United States==

Violations of state sodomy laws can be brought into federal court when committed within the special maritime and territorial jurisdiction of the United States.<ref>Eric C. Surette, Sodomy Summary, American Jurisprudence (2010)</ref> The Assimilative Crimes Act provides the basis of jurisdiction for these types of cases. Moreover, the Code of Military Justice punishes sodomy activities within military personnel.<ref>Eric C. Surette, Sodomy Summary, American Jurisprudence (2010)</ref>

==Variation by Jurisdiction==

'''New York'''

New York categorizes the crime of sodomy under criminal sexual acts. Such crimes are split into three types of offenses: criminal sexual acts in the third degree, criminal sexual acts in the second degree, and criminal sexual acts in the first degree.<ref>New York Penal Code, Title H, Article 130, § 130.40-130.50 (2009)</ref> A person is guilty of criminal sexual act in the third degree when 1) he engages in oral sexual conduct or anal sexual conduct with a person who is incapable of consent by reason of some factor other than being less than seventeen years old, 2) he, being older than twenty-one, engages in oral sexual conduct or anal sexual conduct with a person less than seventeen years old or 3) he engages in oral sexual conduct or anal sexual conduct with another person without such person's consent where such lack of consent is by reason of some factor other than incapacity to consent. A criminal sexual act in the third degree is a class E felony.<ref>New York Penal Code, Title H, Article 130, § 130.40 (2009)</ref>

A person is guilty of criminal sexual act in the second degree when 1) he, being over the age of eighteen, engages in oral sexual conduct or anal sexual conduct with another person less than fifteen years old or 2) he engages in oral sexual conduct or anal sexual conduct with another person who is incapable of consent by reason of being mentally disabled or mentally incapacitated. If the defendant was less than four years older than the victim at the time of the offense, then this fact may be used as an affirmative defense in the defendant's favor. Criminal sexual acts in the second degree is a class D felony.<ref>New York Penal Code, Title H, Article 130, § 130.45 (2009)</ref>

A person is guilty of criminal sexual act in the first degree when he or she engages in oral sexual conduct or anal sexual conduct with another person: 1) by forcible compulsion 2) who is incapable of consent by reason of being physically helpless 3) who is less than eleven years old or 4) who is less than thirteen years old and the actor is eighteen years old or more. This crime is a class B felony.<ref>New York Penal Code, Title H, Article 130, § 130.50 (2009)</ref>

'''Maryland'''

Under the Maryland Criminal Code section 3-321, the crime of forced sodomy is punishable by imprisonment for up to ten years.<ref>Maryland Criminal Code, § 3-321 (2002)</ref>

==Foreign Jurisdictions==

----
See [[Crimes]]

==Notes==
<references>

Sodomy

2011-02-13T19:25:47Z

Nsun2010: /* Background */

==Background==

Sodomy is defined as oral or anal copulation between humans, especially those of the same sex.<ref>Black's Law Dictionary, 9th Edition (2009)</ref> A related crime is aggravated sodomy, which involves force or results in serious bodily injury to the victim, in addition mental and emotional distress.<ref>Black's Law Dictionary, 9th Edition (2009)</ref> The Model Penal Code includes sodomy in its definition of deviate sexual behavior.<ref>Model Penal Code § 213.0 (2001)</ref>

A landmark case in the U.S. that drastically impacted sodomy laws was the Supreme Court's decision in ''Lawrence v. Texas''.<ref>Lawrence v. Texas, 539 U.S. 558 (2003)</ref> The ''Lawrence'' case was the first time a same sex couple were prosecuted and convicted under the Texas sodomy statute of consensual sodomy performed by adults in a private bedroom.<ref>Christopher R. Leslie, Lawrence v. Texas as the Perfect Storm, 38 U.C. Davis L. Rev. 509 (2005)</ref> In ''Lawrence'', the Supreme Court held that state laws that ban private, consensual sodomy between adults are unconstitutional as an infringement on the right to privacy. The decision in ''Lawrence'' overturned the Court's prior ruling in ''Bowers v. Hardwick'', in which the Court held that Georgia's sodomy statute did not violate the fundamental rights of homosexuals.<ref>Bowers v. Hardwick, 478 U.S. 186 (1986)</ref>

==Federal Laws of the United States==

Violations of state sodomy laws can be brought into federal court when committed within the special maritime and territorial jurisdiction of the United States.<ref>Eric C. Surette, Sodomy Summary, American Jurisprudence (2010)</ref> The Assimilative Crimes Act provides the basis of jurisdiction for these types of cases. Moreover, the Code of Military Justice punishes sodomy activities within military personnel.<ref>Eric C. Surette, Sodomy Summary, American Jurisprudence (2010)</ref>

==Variation by Jurisdiction==

'''New York'''

New York categorizes the crime of sodomy under criminal sexual acts. Such crimes are split into three types of offenses: criminal sexual acts in the third degree, criminal sexual acts in the second degree, and criminal sexual acts in the first degree.<ref>New York Penal Code, Title H, Article 130, § 130.40-130.50 (2009)</ref> A person is guilty of criminal sexual act in the third degree when 1) he engages in oral sexual conduct or anal sexual conduct with a person who is incapable of consent by reason of some factor other than being less than seventeen years old, 2) he, being older than twenty-one, engages in oral sexual conduct or anal sexual conduct with a person less than seventeen years old or 3) he engages in oral sexual conduct or anal sexual conduct with another person without such person's consent where such lack of consent is by reason of some factor other than incapacity to consent. A criminal sexual act in the third degree is a class E felony.<ref>New York Penal Code, Title H, Article 130, § 130.40 (2009)</ref>

A person is guilty of criminal sexual act in the second degree when 1) he, being over the age of eighteen, engages in oral sexual conduct or anal sexual conduct with another person less than fifteen years old or 2) he engages in oral sexual conduct or anal sexual conduct with another person who is incapable of consent by reason of being mentally disabled or mentally incapacitated. If the defendant was less than four years older than the victim at the time of the offense, then this fact may be used as an affirmative defense in the defendant's favor. Criminal sexual acts in the second degree is a class D felony.<ref>New York Penal Code, Title H, Article 130, § 130.45 (2009)</ref>

A person is guilty of criminal sexual act in the first degree when he or she engages in oral sexual conduct or anal sexual conduct with another person: 1) by forcible compulsion 2) who is incapable of consent by reason of being physically helpless 3) who is less than eleven years old or 4) who is less than thirteen years old and the actor is eighteen years old or more. This crime is a class B felony.<ref>New York Penal Code, Title H, Article 130, § 130.50 (2009)</ref>

'''Maryland'''

Under the Maryland Criminal Code section 3-321, the crime of sodomy is punishable by imprisonment for up to ten years.<ref>Maryland Criminal Code, § 3-321 (2002)</ref>

==Foreign Jurisdictions==

----
See [[Crimes]]

==Notes==
<references>

Incest

2011-02-07T04:15:25Z

Nsun2010: /* Variation by Jurisdiction */

==Variation by Jurisdiction==

'''Maryland'''

Under the Maryland Criminal Code section 3-323, a person may not knowingly engage in vaginal intercourse with anyone whom the person may not marry under the state's family law code (including grandparents, parents, offspring, siblings, or grandchildren).<ref>Maryland Criminal Code, § 3-323 (2002)</ref> A person who commits is guilty of a felony and on conviction is subject to imprisonment for not less than 1 year and not exceeding 10 years.<ref>Maryland Criminal Code, § 3-323 (2002)</ref>

----
See [[Crimes]]

<references>

Incest

2011-02-07T04:15:01Z

Nsun2010: Created page with "==Variation by Jurisdiction== '''Maryland''' Under the Maryland Criminal Code section 3-323, a person may not knowingly engage in vaginal intercourse with anyone whom the perso..."

Crimes

2011-02-07T04:11:45Z

Nsun2010: /* List of Crimes */

Criminal law is by definition jurisdictional and the definition for a crime may differ greatly from one jurisdiction to the next. Generally the definitions for crimes may be found in a country's penal code. In contrast, the procedural aspects of a given criminal justice system will be found in the Code of Criminal Procedure. All of these crime would be considerd ''Mala in se'' because they are intrinsicaly wrong. However, all countries have crimes which are also considered ''malum prohibitum'', wrong simply for the violation of a legislative norm. Following is a sample list of some of the most common ''mala in se'' crimes that are present in almost every criminal justice system around the globe.

==List of Crimes==
<div style="float: left; width: 33.33%">
*Crimes Against the Person
** [[Assault]]
** [[Battery]]
** [[False Imprisonment]]
** Homicides
*** [[Manslaughter - Involuntary]]
*** [[Manslaughter - Voluntary]]
*** [[Murder]]
*** [[Felony Murder]]
** [[Human or Sex Trafficking]]
** [[Incest]]
** [[Kidnapping]]
** [[Mayhem]]
** Molestation and other sex crimes against children
** [[Rape]]
** [[Sodomy]]
** [[Stalking]]
** [[Statutory Rape]]

</div><div style="float: left; width: 33.33%">
* Crimes Against Property
** Arson
** Blackmail
** Burglary
** Embezzlement
** Extortion
** False Pretense
** Identity Theft
** Larceny
** Receiving Stolen Property
** Robbery
** Trespass
*Crimes Against "Public Order"
** Disturbing the Peace
** Idecent Exposure and other minor sex crimes
** Obscenity
** Possession or sale of controlled substances
** Possession of Firearm
** Prostitution
** Solicitation
** Vagrancy
</div><div style="float: left; width: 33.33%">

*Inchoate Crimes
**[[Accomplice Liability]]
**[[Attempt]]
**[[Conspiracy]]
**[[Solicitation]]
*Crimes against the Court
**Bribery
**Contempt
**Obstruction of Justice
**Perjury
*Crimes against the State
** Espionage
** Terrorism
** Treason
*Administrative Crimes
*International Law Crimes
** [[Crimes against Humanity]]
** [[Genocide]]
** [[War Crimes]]
** [[The Crime of Aggression]]

</div>

==Determining Criminal Liability==
Even though this basic list of crimes is almost universally accepted around the globe, the basic approach to determining criminal liability varies from one jurisdiction to the next. There are at least three basic approaches that have gained prominence: the American Common Law approach, The Model Pensl Code approach and the German or Continental approach used in many civil law countries.

==Common Law Definition of a Crime==
In order for a crime to have been committed, certain elements must be fulfilled. The exact definition of what constitutes a crime can differ from country to country.

As a general rule, every crime has two main elements:
#[[Actus Reus (Voluntary Act)]]
#[[Mens Rea (Culpable Mental State)]]
In addition, their must be:
#Concurrence of Actus Reus and Mens Rea
#Damages

Analysis can take place in any order.

In addition, each crime itself can be broken down to elements. In the United States, the prosecution is generally required to [[Standards of Proof | prove]] that the defendant had the requisite mental state for each element in order to prove the crime.

==Model Penal Code Definition of a Crime==
The American Law Institute's [[Model Penal Code]] continues to have great influence in the United States and in other common law countries around the world. The Model Penal Code take a somewhat different approach to criminal liability than traditional common law, although they are very similar.
In order for criminal liability to exist, the Model Penal Code requires the following elements to be proven:
#Conduct that
##inflicts or threatens
##substantial harm to individual or public interests
#without [[Justification and Excuse | justification]]
#without [[Justification and Excuse | excuse]]

==German Definition of a Crime==
Contintental and German academics and lawyers have a slightly different approach to determining criminal culpability. Rather than the common law dichtomoy of Mens Rea and Actus Reus, German thinkers tend to analyze culpability as having three elements:
#Definition
#Wrongdoing
#Culpability

In order to determine criminal liability german lawyers must analyze these three elements in order.When analyzing the first stage, the lawyer will determine whether there has been a voluntary act, a violation of a norm, causation, and damages. If these exist, a crime will exist and the defendant is presumed to have wrongfully acted. The defendant can then overcome this presumption by showing that the conduct was somehow[[Justification and Excuse | justified.]] If the defendant is unable to rebut the presumption of wrongdoing, the judge will analyze the final stage to determine legal culpability. Culpability can be negated by a showing of an [[Justification and Excuse | excuse]]. If the defendant is unable to negate culpability, he is guilty of the crime.

=Notes=
<references/>

Sodomy

2011-02-07T04:11:16Z

Nsun2010: /* Foreign Jurisdictions */

Sodomy

2011-02-07T04:10:55Z

Nsun2010: /* Variation by Jurisdiction */

Sodomy

2011-02-07T04:07:21Z

Nsun2010: Created page with "==Background== Sodomy is defined as oral or anal copulation between humans, especially those of the same sex.<ref>Black's Law Dictionary, 9th Edition (2009)</ref> A related crim..."

Crimes

2011-02-07T03:35:03Z

Nsun2010: /* List of Crimes */

Criminal law is by definition jurisdictional and the definition for a crime may differ greatly from one jurisdiction to the next. Generally the definitions for crimes may be found in a country's penal code. In contrast, the procedural aspects of a given criminal justice system will be found in the Code of Criminal Procedure. All of these crime would be considerd ''Mala in se'' because they are intrinsicaly wrong. However, all countries have crimes which are also considered ''malum prohibitum'', wrong simply for the violation of a legislative norm. Following is a sample list of some of the most common ''mala in se'' crimes that are present in almost every criminal justice system around the globe.

==List of Crimes==
<div style="float: left; width: 33.33%">
*Crimes Against the Person
** [[Assault]]
** [[Battery]]
** [[False Imprisonment]]
** Homicides
*** [[Manslaughter - Involuntary]]
*** [[Manslaughter - Voluntary]]
*** [[Murder]]
*** [[Felony Murder]]
** [[Human or Sex Trafficking]]
** Incest
** [[Kidnapping]]
** [[Mayhem]]
** Molestation and other sex crimes against children
** [[Rape]]
** [[Sodomy]]
** [[Stalking]]
** [[Statutory Rape]]

</div><div style="float: left; width: 33.33%">
* Crimes Against Property
** Arson
** Blackmail
** Burglary
** Embezzlement
** Extortion
** False Pretense
** Identity Theft
** Larceny
** Receiving Stolen Property
** Robbery
** Trespass
*Crimes Against "Public Order"
** Disturbing the Peace
** Idecent Exposure and other minor sex crimes
** Obscenity
** Possession or sale of controlled substances
** Possession of Firearm
** Prostitution
** Solicitation
** Vagrancy
</div><div style="float: left; width: 33.33%">

*Inchoate Crimes
**[[Accomplice Liability]]
**[[Attempt]]
**[[Conspiracy]]
**[[Solicitation]]
*Crimes against the Court
**Bribery
**Contempt
**Obstruction of Justice
**Perjury
*Crimes against the State
** Espionage
** Terrorism
** Treason
*Administrative Crimes
*International Law Crimes
** [[Crimes against Humanity]]
** [[Genocide]]
** [[War Crimes]]
** [[The Crime of Aggression]]

</div>

==Determining Criminal Liability==
Even though this basic list of crimes is almost universally accepted around the globe, the basic approach to determining criminal liability varies from one jurisdiction to the next. There are at least three basic approaches that have gained prominence: the American Common Law approach, The Model Pensl Code approach and the German or Continental approach used in many civil law countries.

==Common Law Definition of a Crime==
In order for a crime to have been committed, certain elements must be fulfilled. The exact definition of what constitutes a crime can differ from country to country.

As a general rule, every crime has two main elements:
#[[Actus Reus (Voluntary Act)]]
#[[Mens Rea (Culpable Mental State)]]
In addition, their must be:
#Concurrence of Actus Reus and Mens Rea
#Damages

Analysis can take place in any order.

In addition, each crime itself can be broken down to elements. In the United States, the prosecution is generally required to [[Standards of Proof | prove]] that the defendant had the requisite mental state for each element in order to prove the crime.

==Model Penal Code Definition of a Crime==
The American Law Institute's [[Model Penal Code]] continues to have great influence in the United States and in other common law countries around the world. The Model Penal Code take a somewhat different approach to criminal liability than traditional common law, although they are very similar.
In order for criminal liability to exist, the Model Penal Code requires the following elements to be proven:
#Conduct that
##inflicts or threatens
##substantial harm to individual or public interests
#without [[Justification and Excuse | justification]]
#without [[Justification and Excuse | excuse]]

==German Definition of a Crime==
Contintental and German academics and lawyers have a slightly different approach to determining criminal culpability. Rather than the common law dichtomoy of Mens Rea and Actus Reus, German thinkers tend to analyze culpability as having three elements:
#Definition
#Wrongdoing
#Culpability

In order to determine criminal liability german lawyers must analyze these three elements in order.When analyzing the first stage, the lawyer will determine whether there has been a voluntary act, a violation of a norm, causation, and damages. If these exist, a crime will exist and the defendant is presumed to have wrongfully acted. The defendant can then overcome this presumption by showing that the conduct was somehow[[Justification and Excuse | justified.]] If the defendant is unable to rebut the presumption of wrongdoing, the judge will analyze the final stage to determine legal culpability. Culpability can be negated by a showing of an [[Justification and Excuse | excuse]]. If the defendant is unable to negate culpability, he is guilty of the crime.

=Notes=
<references/>

Crimes

2011-02-07T03:34:46Z

Nsun2010: /* List of Crimes */

Criminal law is by definition jurisdictional and the definition for a crime may differ greatly from one jurisdiction to the next. Generally the definitions for crimes may be found in a country's penal code. In contrast, the procedural aspects of a given criminal justice system will be found in the Code of Criminal Procedure. All of these crime would be considerd ''Mala in se'' because they are intrinsicaly wrong. However, all countries have crimes which are also considered ''malum prohibitum'', wrong simply for the violation of a legislative norm. Following is a sample list of some of the most common ''mala in se'' crimes that are present in almost every criminal justice system around the globe.

==List of Crimes==
<div style="float: left; width: 33.33%">
*Crimes Against the Person
** [[Assault]]
** [[Battery]]
** [[False Imprisonment]]
** Homicides
*** [[Manslaughter - Involuntary]]
*** [[Manslaughter - Voluntary]]
*** [[Murder]]
*** [[Felony Murder]]
** [[Human or Sex Trafficking]]
** Incest
** [[Kidnapping]]
** [[Mayhem]]
** Molestation and other sex crimes against children
** [[Rape]]
** [[Sodomy]
** [[Stalking]]
** [[Statutory Rape]]

</div><div style="float: left; width: 33.33%">
* Crimes Against Property
** Arson
** Blackmail
** Burglary
** Embezzlement
** Extortion
** False Pretense
** Identity Theft
** Larceny
** Receiving Stolen Property
** Robbery
** Trespass
*Crimes Against "Public Order"
** Disturbing the Peace
** Idecent Exposure and other minor sex crimes
** Obscenity
** Possession or sale of controlled substances
** Possession of Firearm
** Prostitution
** Solicitation
** Vagrancy
</div><div style="float: left; width: 33.33%">

*Inchoate Crimes
**[[Accomplice Liability]]
**[[Attempt]]
**[[Conspiracy]]
**[[Solicitation]]
*Crimes against the Court
**Bribery
**Contempt
**Obstruction of Justice
**Perjury
*Crimes against the State
** Espionage
** Terrorism
** Treason
*Administrative Crimes
*International Law Crimes
** [[Crimes against Humanity]]
** [[Genocide]]
** [[War Crimes]]
** [[The Crime of Aggression]]

</div>

==Determining Criminal Liability==
Even though this basic list of crimes is almost universally accepted around the globe, the basic approach to determining criminal liability varies from one jurisdiction to the next. There are at least three basic approaches that have gained prominence: the American Common Law approach, The Model Pensl Code approach and the German or Continental approach used in many civil law countries.

==Common Law Definition of a Crime==
In order for a crime to have been committed, certain elements must be fulfilled. The exact definition of what constitutes a crime can differ from country to country.

As a general rule, every crime has two main elements:
#[[Actus Reus (Voluntary Act)]]
#[[Mens Rea (Culpable Mental State)]]
In addition, their must be:
#Concurrence of Actus Reus and Mens Rea
#Damages

Analysis can take place in any order.

In addition, each crime itself can be broken down to elements. In the United States, the prosecution is generally required to [[Standards of Proof | prove]] that the defendant had the requisite mental state for each element in order to prove the crime.

==Model Penal Code Definition of a Crime==
The American Law Institute's [[Model Penal Code]] continues to have great influence in the United States and in other common law countries around the world. The Model Penal Code take a somewhat different approach to criminal liability than traditional common law, although they are very similar.
In order for criminal liability to exist, the Model Penal Code requires the following elements to be proven:
#Conduct that
##inflicts or threatens
##substantial harm to individual or public interests
#without [[Justification and Excuse | justification]]
#without [[Justification and Excuse | excuse]]

==German Definition of a Crime==
Contintental and German academics and lawyers have a slightly different approach to determining criminal culpability. Rather than the common law dichtomoy of Mens Rea and Actus Reus, German thinkers tend to analyze culpability as having three elements:
#Definition
#Wrongdoing
#Culpability

In order to determine criminal liability german lawyers must analyze these three elements in order.When analyzing the first stage, the lawyer will determine whether there has been a voluntary act, a violation of a norm, causation, and damages. If these exist, a crime will exist and the defendant is presumed to have wrongfully acted. The defendant can then overcome this presumption by showing that the conduct was somehow[[Justification and Excuse | justified.]] If the defendant is unable to rebut the presumption of wrongdoing, the judge will analyze the final stage to determine legal culpability. Culpability can be negated by a showing of an [[Justification and Excuse | excuse]]. If the defendant is unable to negate culpability, he is guilty of the crime.

=Notes=
<references/>

Stalking

2011-02-06T22:42:29Z

Nsun2010: /* Variation by Jurisdiction */

==Background==

Stalking is defined as following or loitering near another, often surreptitiously, to annoy or harass that person or to commit a further crime such as assault or battery.<ref>Black's Law Dictionary, 9th Edition (2009)</ref> Several state stalking statutes include offenses such as surveillance, threats, or menacing more generally.<ref>Marjorie A. Caner, Validity, Construction, and Application of Stalking Statutes, American Law Reports (2005)</ref> Overall, there are three elements for a stalking offense: 1) an individual must have intentionally and repeatedly harassed another, 2) there must be a credible threat, and 3) the individual must have intended to place the victim in reasonable fear of death or serious bodily injury.<ref>Sonja Larsen, Threats to Maim, Wound, or Bodily Harm, Corpus Juris Secundum (2010)</ref>

==Variation by Jurisdiction==

'''Alabama'''

Under the Criminal Code of Alabama, a person who intentionally and repeatedly follows or harasses another person and who makes a credible threat, either expressed or implied, with the intent to place that person in reasonable fear of death or serious bodily harm is guilty of stalking.<ref>Alabama Criminal Code, Chapter 6, Title 5, § 13A-6-90 (1992)</ref> Stalking is a class C felony. The Criminal Code also has an article that addresses aggravated stalking; this crime is when a person fulfills the elements of a general stalking charge, and who, in stalking another, violates any court order or injunction. Aggravated stalking is a class B felony.<ref>Alabama Criminal Code, Chapter 6, Title 5, § 13A-6-91 (1992)</ref>

'''New York'''

The New York Penal Code separates stalking into four degrees. Stalking in the fourth degree is an individual intentionally engages in conduct directed at a specific person, and knows or reasonably should know that such conduct 1) is likely to cause reasonable fear of material harm to the physical health, safety or property of such person, 2) causes material harm to the mental or emotional health of such person, or 3) is likely to cause such person to reasonably fear that his or her employment, business or career is threatened. Some activities included in the stalking statue include following, telephoning, or initiating contact with another.<ref>New York Penal Code, Title H, § 120.45 (2009)</ref> Stalking in the fourth degree is a class B misdemeanor. An individual is guilty of stalking in the third degree when he is in violation of § 120.45 (stalking in the fourth degree) against three of more persons, commits the crime within ten years of a conviction of a specific predicate crime (listed under NY Penal Code § 120.40(5)), intentionally engages in a course of conduct directed at such person which is likely to cause such person to reasonably fear physical injury or serious physical injury, the commission of a sex offense against, or the kidnapping, unlawful imprisonment or death of such person, or commits the crime of stalking in the fourth degree within ten years of a previous stalking charge.<ref>New York Penal Code, Title H, § 120.50 (2009)</ref> Stalking in the third degree is a class A misdemeanor. An individual is guilty of stalking in the second degree when he displays or uses certain weapons (i.e. knives, shotguns, etc.) in carrying out the crime of stalking in the third degree, commits the crime within five years of a conviction for a specified predicate crime, commits the crime within five years of a conviction for stalking in the third degree, commits the crime against ten or more persons, in ten or more separate transactions, for which the actor has not been previously convicted. A person can also be guilty of stalking in the second degree when being twenty-one years of age or older, he repeatedly follows a person under the age of fourteen or engages in a course of conduct or repeatedly commits acts over a period of time intentionally placing or attempting to place such person who is under the age of fourteen in reasonable fear of physical injury, serious physical injury or death.<ref>New York Penal Code, Title H, § 120.55 (2009)</ref> Stalking in the second degree is a class E felony. Finally, stalking in the first degree is when an individual commits stalking in the third or second degree and in the course of the crime, he intentionally or recklessly causes physical injury to the victim of such crime, commits a class A misdemeanor, commits a class E felony, or commits a class D felony.<ref>New York Penal Code, Title H, § 120.60 (2009)</ref>

==Foreign Jurisdictions==

'''Germany'''

Section 238 of the German Criminal Code covers the crime of stalking. Under German law, a person stalks another when he seeks his proximity, tried to establish contact with another by means of communication, abuses his personal data for the purpose of ordering goods or services for him or causing third persons to make contact with him, threatens him or a person close to him with loss of life or limb, damage to health or deprivation of freedom, or other similar types of acts.<ref>http://www.gesetze-im-internet.de/englisch_stgb/englisch_stgb.html</ref> If convicted, a person is punishable by a prison term of up to three years or a fine. The penalty is three months to five years if the offender places the victim, a relative of or another person close to the victim in danger of death or serious injury. If the offender causes the death of the victim, a relative of or another person close to the victim the penalty shall be imprisonment from one to ten years.<ref>http://www.gesetze-im-internet.de/englisch_stgb/englisch_stgb.html</ref>

'''Canada'''

Section 264 of the Canadian Criminal Code addresses criminal harassment (commonly referred to as stalking). Under this section, individuals are prohibited from engaging in the following acts: 1) repeatedly communicating with, either directly or indirectly, the other person 2) repeatedly communicating with, either directly or indirectly, the other person 3) besetting or watching the dwelling-house, or place where the other person, or anyone known to them, resides, works, carries on a business or happens to be or 4) engaging in threatening conduct directed at the other person or any member of their family.<ref>http://laws.justice.gc.ca/eng/C-46/page-6.html#codese:264</ref> A conviction for stalking is punishable by imprisonment for up to ten years.<ref>http://laws.justice.gc.ca/eng/C-46/page-6.html#codese:264</ref>

----
See [[Crimes]]

<references>

Stalking

2011-02-06T22:28:10Z

Nsun2010: /* Background */

Crimes

2011-02-06T19:30:57Z

Nsun2010: /* Determining Criminal Liability */

Criminal law is by definition jurisdictional and the definition for a crime may differ greatly from one jurisdiction to the next. Generally the definitions for crimes may be found in a country's penal code. In contrast, the procedural aspects of a given criminal justice system will be found in the Code of Criminal Procedure. All of these crime would be considerd ''Mala in se'' because they are intrinsicaly wrong. However, all countries have crimes which are also considered ''malum prohibitum'', wrong simply for the violation of a legislative norm. Following is a sample list of some of the most common ''mala in se'' crimes that are present in almost every criminal justice system around the globe.

==List of Crimes==
<div style="float: left; width: 33.33%">
*Crimes Against the Person
** [[Assault]]
** [[Battery]]
** [[False Imprisonment]]
** Homicides
*** [[Manslaughter - Involuntary]]
*** [[Manslaughter - Voluntary]]
*** [[Murder]]
*** [[Felony Murder]]
** [[Human or Sex Trafficking]]
** Incest
** [[Kidnapping]]
** [[Mayhem]]
** Molestation and other sex crimes against children
** [[Rape]]
** Sodomy
** [[Stalking]]
** [[Statutory Rape]]

</div><div style="float: left; width: 33.33%">
* Crimes Against Property
** Arson
** Blackmail
** Burglary
** Embezzlement
** Extortion
** False Pretense
** Identity Theft
** Larceny
** Receiving Stolen Property
** Robbery
** Trespass
*Crimes Against "Public Order"
** Disturbing the Peace
** Idecent Exposure and other minor sex crimes
** Obscenity
** Possession or sale of controlled substances
** Possession of Firearm
** Prostitution
** Solicitation
** Vagrancy
</div><div style="float: left; width: 33.33%">

*Inchoate Crimes
**[[Accomplice Liability]]
**[[Attempt]]
**[[Conspiracy]]
**[[Solicitation]]
*Crimes against the Court
**Bribery
**Contempt
**Obstruction of Justice
**Perjury
*Crimes against the State
** Espionage
** Terrorism
** Treason
*Administrative Crimes
*International Law Crimes
** [[Crimes against Humanity]]
** [[Genocide]]
** [[War Crimes]]
** [[The Crime of Aggression]]

</div>

==Determining Criminal Liability==
Even though this basic list of crimes is almost universally accepted around the globe, the basic approach to determining criminal liability varies from one jurisdiction to the next. There are at least three basic approaches that have gained prominence: the American Common Law approach, The Model Pensl Code approach and the German or Continental approach used in many civil law countries.

==Common Law Definition of a Crime==
In order for a crime to have been committed, certain elements must be fulfilled. The exact definition of what constitutes a crime can differ from country to country.

As a general rule, every crime has two main elements:
#[[Actus Reus (Voluntary Act)]]
#[[Mens Rea (Culpable Mental State)]]
In addition, their must be:
#Concurrence of Actus Reus and Mens Rea
#Damages

Analysis can take place in any order.

In addition, each crime itself can be broken down to elements. In the United States, the prosecution is generally required to [[Standards of Proof | prove]] that the defendant had the requisite mental state for each element in order to prove the crime.

==Model Penal Code Definition of a Crime==
The American Law Institute's [[Model Penal Code]] continues to have great influence in the United States and in other common law countries around the world. The Model Penal Code take a somewhat different approach to criminal liability than traditional common law, although they are very similar.
In order for criminal liability to exist, the Model Penal Code requires the following elements to be proven:
#Conduct that
##inflicts or threatens
##substantial harm to individual or public interests
#without [[Justification and Excuse | justification]]
#without [[Justification and Excuse | excuse]]

==German Definition of a Crime==
Contintental and German academics and lawyers have a slightly different approach to determining criminal culpability. Rather than the common law dichtomoy of Mens Rea and Actus Reus, German thinkers tend to analyze culpability as having three elements:
#Definition
#Wrongdoing
#Culpability

In order to determine criminal liability german lawyers must analyze these three elements in order.When analyzing the first stage, the lawyer will determine whether there has been a voluntary act, a violation of a norm, causation, and damages. If these exist, a crime will exist and the defendant is presumed to have wrongfully acted. The defendant can then overcome this presumption by showing that the conduct was somehow[[Justification and Excuse | justified.]] If the defendant is unable to rebut the presumption of wrongdoing, the judge will analyze the final stage to determine legal culpability. Culpability can be negated by a showing of an [[Justification and Excuse | excuse]]. If the defendant is unable to negate culpability, he is guilty of the crime.

=Notes=
<references/>

Crimes

2011-02-06T19:30:42Z

Nsun2010: /* Determing Criminal Liability */

Criminal law is by definition jurisdictional and the definition for a crime may differ greatly from one jurisdiction to the next. Generally the definitions for crimes may be found in a country's penal code. In contrast, the procedural aspects of a given criminal justice system will be found in the Code of Criminal Procedure. All of these crime would be considerd ''Mala in se'' because they are intrinsicaly wrong. However, all countries have crimes which are also considered ''malum prohibitum'', wrong simply for the violation of a legislative norm. Following is a sample list of some of the most common ''mala in se'' crimes that are present in almost every criminal justice system around the globe.

==List of Crimes==
<div style="float: left; width: 33.33%">
*Crimes Against the Person
** [[Assault]]
** [[Battery]]
** [[False Imprisonment]]
** Homicides
*** [[Manslaughter - Involuntary]]
*** [[Manslaughter - Voluntary]]
*** [[Murder]]
*** [[Felony Murder]]
** [[Human or Sex Trafficking]]
** Incest
** [[Kidnapping]]
** [[Mayhem]]
** Molestation and other sex crimes against children
** [[Rape]]
** Sodomy
** [[Stalking]]
** [[Statutory Rape]]

</div><div style="float: left; width: 33.33%">
* Crimes Against Property
** Arson
** Blackmail
** Burglary
** Embezzlement
** Extortion
** False Pretense
** Identity Theft
** Larceny
** Receiving Stolen Property
** Robbery
** Trespass
*Crimes Against "Public Order"
** Disturbing the Peace
** Idecent Exposure and other minor sex crimes
** Obscenity
** Possession or sale of controlled substances
** Possession of Firearm
** Prostitution
** Solicitation
** Vagrancy
</div><div style="float: left; width: 33.33%">

*Inchoate Crimes
**[[Accomplice Liability]]
**[[Attempt]]
**[[Conspiracy]]
**[[Solicitation]]
*Crimes against the Court
**Bribery
**Contempt
**Obstruction of Justice
**Perjury
*Crimes against the State
** Espionage
** Terrorism
** Treason
*Administrative Crimes
*International Law Crimes
** [[Crimes against Humanity]]
** [[Genocide]]
** [[War Crimes]]
** [[The Crime of Aggression]]

</div>

==Determining Criminal Liability==
Even though this basic list of crimes is almost universally accepted around the globe, the basic approach to determining criminal liability varies from one jurisdiction to the next. There are at least three basic approaches that have gained prominence: the American Common Law approach, The Model Pensl Code approach and the German or Continental approach used in many civil law countries.

==Common Law Definition of a Crime==
In order for a crime to have been committed, certain elements must be fulfilled. The exact definition of what constitutes a crime can differ from country to country.

As a general rule, every crime has two main elements:
#[[Actus Reus (Voluntary Act)]]
#[[Mens Rea (Culpable Mental State)]]
In addition, their must be:
#Concurrence of Actus Reus and Mens Rea
#Damages

Analysis can take place in any order.

In addition, each crime itself can be broken down to elements. In the United States, the prosecution is generally required to [[Standards of Proof | prove]] that the defendant had the requisite mental state for each element in order to prove the crime.

==Model Penal Code Definition of a Crime==
The American Law Institute's [[Model Penal Code]] continues to have great influence in the United States and in other common law countries around the world. The Model Penal Code take a somewhat different approach to criminal liability than traditional common law, although they are very similar.
In order for criminal liability to exist, the Model Penal Code requires the following elements to be proven:
#Conduct that
##inflicts or threatens
##substantial harm to individual or public interests
#without [[Justification and Excuse | justification]]
#without [[Justification and Excuse | excuse]]

==German Definition of a Crime==
Contintental and German academics and lawyers have a slightly different approach to determining criminal culpability. Rather than the common law dichtomoy of Mens Rea and Actus Reus, German thinkers tend to analyze culpability as having three elements:
#Definition
#Wrongdoing
#Culpability

In order to determine criminal liability german lawyers must analyze these three elements in order.When analyzing the first stage, the lawyer will determine whether there has been a voluntary act, a violation of a norm, causation, and damages. If these exist, a crime will exist and the defendant is presumed to have wrongfully acted. The defendant can then overcome this presumption by showing that the conduct was somehow[[Justification and Excuse | justified.]] If the defendant is unable to rebut the presumption of wrongdoing, the judge will analyze the final stage to determine legal culpability. Culpability can be negated by a showing of an [[Justification and Excuse | excuse]]. If the defendant is unable to negate culpability, he is guilty of the crime.

=Notes=
<references/>

Stalking

2011-02-06T18:44:18Z

Nsun2010: /* Background */

Stalking

2011-02-06T18:43:52Z

Nsun2010: Created page with "==Background== Stalking is defined as following or loitering near another, often surreptitiously, to annoy or harass that person or to commit a further crime such as assault or ..."