The Crime Report

SEPTEMBER 29, 2022

Patriot Front, a white nationalist group whose members are accused of a misdemeanor count of conspiring to riot at an LGBTQ gathering and in downtown Coeur d’Alene in June, has escalated its activities.

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FDA Law Blog

SEPTEMBER 28, 2023

Walsh — As readers of the FDA Law Blog know, the FDC Act is a strict liability criminal enforcement statute that can impose criminal misdemeanor penalties on a person without any showing of intent. We will cover further use of the second misdemeanor charge in future posts. By JP Ellison & Anne K.

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Felony Misdemeanor Statute Court 52

The Crime Report

AUGUST 24, 2021

But when it comes to arresting students for so-called “disruption” — the most subjective of all school-based offenses, which can entail protests and even the filming of misbehaving school police officers — officers’ outsize power is potentially unconstitutional, argue the authors of a paper published in the Lewis & Clark Law Review.

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Statute Education Misdemeanor Court 128

JonathanTurley

JUNE 7, 2023

At issue was the federal “felon-in-possession” law—18 U.S.C. § The federal law makes it “unlawful for any person. However, when Range pleaded guilty in 1995, his conviction was classified as a Pennsylvania misdemeanor punishable by up to five years’ imprisonment. 922(g)(1), which bars ex-felons from possession of firearms.

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Laws Misdemeanor Felony Statute 49

JURIST

APRIL 4, 2024

New York’s Senate on Wednesday overwhelmingly approved a bill to repeal a largely unused law from 1907 that made adultery a criminal offense. If signed, the adultery statute will be immediately repealed. Senate Bill S8744 repeals New York Penal Law Section 255.17. Several states have laws criminalizing adultery.

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Misdemeanor Laws Felony Statute 223

JonathanTurley

NOVEMBER 14, 2021

In covering the motions hearing last week in the trial of Kyle Rittenhouse, I noted a surprising comment from Judge Bruce Schroeder that he had “spent hours” with the Wisconsin gun law and could not state with certainty what it means in this case. It is also hard to instruct a jury on an ambiguous statute.

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Statute Misdemeanor Criminal Law Felony 59

JonathanTurley

OCTOBER 6, 2022

The protester was engaged, at a minimum, in a criminal misdemeanor while be pursued by security. The common law allowed for citizen arrests as members of the public responded to the “hue and cry” of others. There is some variation in these laws but California has a classic provision.

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Felony Misdemeanor Tort Statute 40

JURIST

AUGUST 4, 2021

The US Court of Appeals for the Seventh Circuit on Monday upheld an Indiana law requiring medical providers to report complications “arising from” abortions to the state. Failure to comply with the law is a class B misdemeanor punishable by up to six months in prison and $1,000 in fines.

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Statute Laws Court Misdemeanor 288

SCOTUSBlog

JUNE 24, 2021

pleaded guilty to violating a federal law barring people convicted of a felony from possessing a firearm. In Leocal , a 2004 case, the court analyzed a “crime of violence” statute like the ACCA’s elements clause and held that negligent conduct was excluded from the term. The case came to the court after Charles Borden Jr.

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Mens Rea Felony Statute Misdemeanor 64

The Crime Report

NOVEMBER 8, 2021

Texas authorities say they have the right to keep it under civil forfeiture statutes. Disobeying commands during a law enforcement encounter can lead to arrest or worse. Using a law enforcement procedure called civil forfeiture, Harris County seized the money and is attempting to keep it permanently. Jaba Tsitsuashvili.

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SCOTUSBlog

MAY 27, 2022

After Blankenship had already paid a $250,000 fine and served one year of imprisonment for a misdemeanor (the jury acquitted him on all felony counts), the government disclosed 61 witness interview reports. Issues : (1) Whether spending-clause statutes ever give rise to privately enforceable rights under 42 U.S.C.

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Diligence Government Statute Misdemeanor 80

At the Lectern

MARCH 24, 2022

Immunity for law enforcement : The court granted-and-held in Nelson v. A157169) 2019 WL 5654385, review denied ), held that pursuit of a fleeing misdemeanor suspect did not categorically allow the police to enter a home without a warrant. The statute proscribes a reviewing court from “render[ing] a decision in a proceeding.

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Misdemeanor Court Statute Government 56

JonathanTurley

MAY 13, 2021

The punishment is a misdemeanor charge and fines of $500 to $2,000. The Lacey Act and other federal wildlife statutes could be charged for such conduct. The Lacey Act makes it a federal crime to break the wildlife laws of any state, tribe, or foreign country, in interstate commerce. However, the penalties are notably higher.

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Tort Misdemeanor Felony Lawyer 31

JonathanTurley

MAY 19, 2021

The arrest appears to have been made under a state hate crime law that has long been criticized by some of us in the free speech community as dangerously vague. ” The law is similar to the type of vague speech codes that we have addressed on campuses but this is an actual criminal provision under state law.

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The Crime Report

JANUARY 6, 2023

side without going through a designated port of entry, that same action becomes a misdemeanor or even a felony , depending on the circumstances. . Just like jaywalking across the street, prosecutions for walking across the border also disproportionately impact people of color and result in lethal confrontations with law enforcement. .

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Immigration Laws Misdemeanor Government 114

At the Lectern

APRIL 29, 2021

where the Second District, Division Five, Court of Appeal, in a published opinion , affirmed almost $170,000 in attorneys fees after a jury awarded less than $22,000 for a violation of the Song-Beverly Consumer Warranty Act (commonly known as the “lemon law”) in the sale of a used car. HNL Automotive Inc.

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Court Compensatory Damages Attorney Construction 49

JonathanTurley

MAY 12, 2021

” The language of the statute in my view is unconstitutional due to its sweeping criminalization of any “curse or abuse” that could “provoke a breach of the peace.” ” However, the appellate panel corrected noted that such laws are narrowly construed in light of controlling precedent. .”

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Statute Misdemeanor Court Rules Court 43

SCOTUSBlog

JUNE 24, 2023

Share Federal immigration law requires the deportation of noncitizens who are convicted of an aggravated felony, which includes offenses “relating to obstruction of justice.” By a vote of 6-3, the Supreme Court ruled on Thursday in Pugin v. Such “redundancies are common in statutory drafting,” Kavanaugh wrote.

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Felony Statute Immigration Court 100

The Crime Report

MAY 16, 2022

In 2019, New York passed a bill eliminating both cash bail for most misdemeanors and non-violent felony offenses and judges’ discretion in setting bail amounts in those cases. You’re asking people to pay for their freedom and young poor people, primarily of color, don’t have that ability.”. This is not a proper fix.”.

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Felony Misdemeanor Statute Attorney 111

JonathanTurley

AUGUST 5, 2021

That is common in sexual harassment cases and hostile workplaces where you can get around statute of limitations when at least one case is recent or ongoing. The New York Penal Law focuses on “forcible touching” cases. Forcible touching is a class A misdemeanor. Here is the provision : 130.52 Forcible touching.

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The Crime Report

JULY 22, 2021

Often it’s to ensure fairer and more responsive treatment at the hands of a justice system that otherwise offers them few other options, says a Rutgers University law professor. It depends on deception to “sidestep the law without changing the law.”.

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Misdemeanor Laws Lawyer Lawyers 122

The Crime Report

JUNE 17, 2021

If both bills pass — the first would require law enforcement to report hate crimes and the second would extend protections to more groups — it would end Wyoming’s status as one of the last remaining holdouts in introducing such statutes.

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Misdemeanor Statute Laws 52

The Crime Report

JUNE 29, 2021

The study, published by the Idaho Law Review, exposed what its authors call an unhealthy conflict between using fines and fees as both a source of revenue and punishment, and said they imposed an inequitable burden on the rural poor and communities of color. It called on Gov.

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Court Misdemeanor Laws Immigration 138

The Crime Report

JUNE 14, 2022

If the courts of Puerto Rico are properly classified as federal under our case law, it defies the imagination to think administrative tribunals hatched by the Department of the Interior could be treated differently,” Gorsuch wrote. Justice Neil Gorsuch wrote the dissent. Understanding American Indian Policy.

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Court Misdemeanor Government Statute 97

The Crime Report

JUNE 30, 2021

Hawaii enacted a law last week that removes the statute of limitations for sex trafficking and distinguishes sex buyers from people selling sex. Advocates also say decriminalization will reduce the stigma that surrounds people involved in sex trafficking, most of whom are poor women and girls, immigrants and LGBTQ people. .

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Misdemeanor Felony Immigration Statute 98

At the Lectern

DECEMBER 14, 2023

” The petition asked for “recognition of the elephants’ common law right to bodily liberty protected by habeas corpus.” Had the defendant’s conviction been of a misdemeanor instead of later reduced to a misdemeanor, lifetime registration would have been discretionary instead of mandatory.

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Misdemeanor Court Entertainment Felony 45

At the Lectern

AUGUST 18, 2022

a)(2) requires written complaints of police misconduct to be accompanied by signed acknowledgements that filing a knowingly false complaint can lead to a misdemeanor prosecution. Twenty years ago, the court rejected a claim that the statute violates constitutional free speech rights. Penal Code section 148.6 (a)(2) 5th 881, 889).”

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Court Statute Misdemeanor Attorney 49

SCOTUSBlog

JUNE 15, 2021

922(g) , the federal statute barring people with prior felony convictions from possessing firearms, the government must prove that the defendant knew he was a felon at the time he possessed a firearm. ” Rehaif broke new ground by holding for the first time that, under 18 U.S.C. §

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Court Felony Government Misdemeanor 91

JonathanTurley

DECEMBER 8, 2023

The six misdemeanor charges and three felonies carry a potential sentence of 17 years for alleged tax evasion and filing a false return. The Justice Department inexplicably allowed the statute of limitations to run on the most serious allegations involving payments from years going back to 2016. It could have been worse.

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Legal Legal Misdemeanor Statute 70

JonathanTurley

DECEMBER 27, 2023

Mark McCloskey later pleaded guilty to two misdemeanors to end the case, but was then granted a pardon. As such, the state law on the seizure of the weapons stands. I was highly skeptical of the charges brought by Circuit Attorney Kim Gardner, who was later removed from the case due to ethical concerns. Stephenson (Mo.

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Court Felony Misdemeanor Statute 47

The Crime Report

OCTOBER 20, 2021

6 select committee has unanimously voted to hold Steve Bannon in contempt for defying a recent subpoena from its investigators, the push to prosecute Trump consigliere Steve Bannon relies on a law that hasn’t produced a conviction in decades and could take years to litigate, reports Politico. While the Jan.

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Legal Legal Misdemeanor Litigation 97

JonathanTurley

AUGUST 3, 2021

Under federal law, the statute of limitations is three years. State periods are shorter but a current allegation can be used to incorporate into prior cases which might otherwise be barred by the statute of limitations. Once again, the viability of such actions will depend on the statute of limitations.

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Statute Tort Litigation Litigating 55

JURIST

MAY 9, 2024

Civil rights groups filed a complaint on Thursday against Iowa state officials to stop the state’s recently enacted immigration law from going into effect on July 1. The law makes it a crime for a foreign national to enter Iowa after having been deported from the US in the past, regardless of current immigration status.

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Immigration Laws Misdemeanor Felony 104

JonathanTurley

JUNE 9, 2023

Newsom cited the kidnapping statute but apparently failed to read it or the underlying cases. First, let’s look at the law. Moreover, it is not clear how transporting migrants who entered the country illegally to another state is a violation of law. They are then left to their own devices and destinations.

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Laws Misdemeanor Attorney Felony 41

JonathanTurley

JULY 11, 2021

That would be a pretty weak case of property destruction but the police then added a “hate crime enhanced allegation” due to “the demeanor displayed by [the woman] in attempts to intimidate law enforcement while destroying a ‘Pro Law Enforcement’ sign.”. That law was struck down in United States v. Eichman , 496 U.S.

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Misdemeanor Government Laws Statute 51

JURIST

DECEMBER 19, 2023

Texas Governor Greg Abbott signed a bill into law Monday that criminalizes illegal entry into the border state from anywhere but a port of entry, exerting state jurisdiction over what is normally a federal matter. The bill creates a misdemeanor offense for violation of the statute and a felony crime for multiple offenses.

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Immigration Laws Statute Misdemeanor 129

JonathanTurley

MARCH 20, 2023

I have been critical of the indictment, which is reportedly based on a highly dubious use of a New York misdemeanor charge to revise a long dormant federal election law charge. In 2018 (yes, that is how long this theory has been around), I wrote how difficult such a federal case would be under existing election laws.

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Misdemeanor Felony Legal Legal 55