Chapter 6- Crimes Against the Public

Definition:
- Although they dont hurt individual victims, some acts have been deemed criminal
based on social morals or order
- Religion has played a big part in determining what is illegal
CRIMES AGAINST PUBLIC MORALITY
Prostitution and Solicitation
- Prohibited in every state but Nevada, where every county has its own authority
- Prostitution: providing sexual services in exchange for compensation
o Different states include different sexual acts
o Must be compensation, no payment=no crime
Can be in any form, not just money
- Solicitation: when a person engages in selling, buying, or attempting to buy sex
o Clients of prostitutes are guilty and the prostitute if they make the first contact
- Pimping is more severe: felony if child is under 16, forces another to engage in
prostitution, the victim is a ward or wife of pimp, or if the defendant runs a house of
prostitution
Deviate Sexual Conduct
- Very hard to prosecute because it happens privately between 2 consenting adults
Indecent Exposure and Lewdness
- An intentional exposure of ones private parts in a public place.
o Some jurisdictions require it to be done in an offensive manner
Obscenity
- Federal and state governments regulate speech, books, movies, etc that they find
obscene
- Fine line on what is invading first amendment rights
- States have substantial power when minors are involved
o Such as in child porn and exploitation
Illegal to possess, even in the home
- Hard to convict someone on obscenity in their own home
Regulating the Internet
- Governments have tried to regulate and control internet content, but it is increasingly
difficult
CRIMES AGAINST THE PUBLIC ORDER
- Involve breaches of the peace: any illegal public disturbance, disturbing tranquility
and order of society
Riot and Unlawful Assembly
- All jurisdictions have laws that prohibit groups from meeting with the purpose of
committing an unlawful act or committing a lawful act in an unlawful manner
- Minimum number for an assembly can be 3 or 5
- Riot: purpose of assembly is to commit a crime, coerce public officials to act/not act,
or if deadly weapon is used
- Failure to disperse: when an officer orders a group to disperse and there is refusal

o Conduct must be likely to cause substantial harm or inconvenience,

annoyance, or alarm
- Usually misdemeanor, unless a dangerous weapon is used
Disturbing the Peace
- Disorderly conduct, excessive noise, etc.
- Borders on 1st amendment rights
- Fighting words doctrine: speech that is not protected by 1st amendment, words that
inflict injury, would likely cause violence by either the speaker or listener
Incitement/Advocacy of Unlawful Conduct
- When 1 person encourages another to commit an unlawful act or intends to cause a
riot
- Can be committed in a peaceful manner, unlike disturbance of the peace
- Statutes must be narrowly drawn b/c of 1st amendment
- Only speech that presents clear and present danger can be controlled
o Clear and present danger: a test of whether or not speech may be restricted or
punished, it may be if it will probably lead to violence soon or if it threatens a
serious, immediate weakening of national safety and security
Threats: threats to people or property
- Broader than assault, covers people at large
- Ex: false bomb threat
- Usually misdemeanor
Vagrancy and Panhandling
- Vagrancy laws have become more narrow to refrain from targeting a persons
personal status
o Usually adds mens rea, such as loitering or standing around with an intent to
gamble or soliciting charity
- Panhandling has been prohibited in many places b/c of panhandlers often aggression
and intimidation of others
Drug and Alcohol Crimes
- Alcohol Crimes
o Public drunkenness: criminal to be intoxicated in a public place
Minor misdemeanor, rarely prosecuted
o Minors consuming alcohol and any adult giving alcohol to a minor
Contributing to the delinquency of a minor
o Merchants with liquor licenses can commit crimes, such as selling on
prohibited days and selling to a minor
o Driving while intoxicated
Operation of a vehicle while under the influence of any drug or alcohol
Tests of field sobriety performed on location
Driving a motor vehicle when BAC is above a stated amount
Amount varies, usually .08-.10
Increasingly stricter laws and punishments
- Drug Crimes
o Uniform Controlled Substance Act

Drugs categorized based on danger, abuse potential, and medical

benefits
o Possession of prohibited drugs
Actual possession satisfies actus reus, but some jurisdictions count
constructive possession as well
However, most require knowledge of the drugs presence
First offense, if quantity is small, results in term of probation
o Sale or distribution of prohibited drugs
More severe than possession
Affected by quantity of drug involved, as well as other factors such as
whether minors are involved
o Unauthorized use of a controlled substance
User must be knowing and taking must be voluntary
Having an addiction cant be made criminal, but the act of taking the
drug can be
Drug Trafficking
o person engages in criminal enterprise if he is an administrator, organizer, or
other leader of a group of 5 or more people who are involved in a series of
drug violations
Series: 3 or more drug convictions
Stern punishment, generally 20-life
Life is automatic depending on quantity of drugs and annual income of
enterprise
Under Comprehensive Forfeiture Act, any items acquired with drug
money can be seized
Possession of Drug Paraphernalia
o Laws prohibiting sale, use, and possession of drug paraphernalia
Targeted at retailers
o Needles, roach clips, specialized pipes
o Challenged because these items may be used for legal purposes

CRIMES AGAINST THE ADMINISTRATION OF GOVERNMENT

Perjury: the making of a false statement with knowledge that it is false while under oath
- Prosecution has tough burden of proving the mens rea that the person knew the
statement was false
- Under oath: includes testifying in court as well as all statements made before
someone authorized to administer an oath
o Swearing an oath can be replaced by certain religious affirmations
- Subornation of perjury: crime of asking or forcing another person to lie under oath
Bribery: soliciting or accepting anything of value with the purpose of violating a duty or trust
- Both giver and acceptor of bribe can be convicted of crime
- Unsuccessful offers are still bribes, but official must accept to be convicted
- Must be made to a public official or servant
- Offeror must be seeking to influence the officer
- Misdemeanor

Often applies to professional and amateur sports as well

Tax Crimes
- Tax evasion: paying less tax than required, or underreporting ones income with the
intent of paying less tax
o Statute says up to $100,000 fine and up to 5 years in prison
- Tax fraud: using fraud or false statements to avoid a tax obligation
o Can include falsifying statements provided to a revenue agency
o Also filing false tax returns
o Tax law requires disclosure of all income, including from illegal sources such
as gambling, prostitution, and drug dealing
All information is to be kept confidential
Obstruction of Justice
- Any act that interferes with the performance of a public officials duties
o Usually associated with law enforcement and judicial officials
- Tampering with witnesses or jurors, interfering with police officers, destroying
evidence, intentionally giving false info to a prosecutor
- Broad statutes allow prosecution to get creative with prosecuting for many acts
- Resisting arrest: most states prohibit any resistance to any arrest
o Many remedies exist for unlawful arrests, such as immediate release once at
police station, or if arrest was malicious, a civil case for false imprisonment
and violation of civil rights
Contempt
- A willful disobeying of a judges command or official court order
- Direct contempt: acts that occur in the presence of the judge
- Indirect contempt: actions taken outside the presence of a court, but violate a court
order
- Civil Contempt
o No punishment, usually confinement until they obey
o No rights, no appeals
- Criminal Contempt: levied to punish a person for violating a court order
o Indirect has rights of all other criminal defendants, direct do not b/c they acted
in front of a judge
CRIMES AGAINST THE ENVIRONMENT
- 1 class of laws intend to further the public health and safety
o Clean Water Act: regulates the discharge of pollutants into navigable waters
Both negligent and knowing acts without permit are criminal
b/w 1-15 years in jail
false reporting also criminal: up to 2 years in prison plus fine
o Clean Air Act: criminalizes negligent and knowingly releasing dangerous
emissions
- Another class protects environment itself, such as the endangered species act