Criminal Code
CLASS Y FELONY: minimum 10 years/maximum 40 years
CLASS A FELONY: minimum 6 years/maximum 30 years
CLASS ‘B’ FELONY: minimum 5 years/maximum 20 years
CLASS ‘C’ FELONY: minimum 3 years/maximum 10 years
CLASS ‘D’ FELONY: less than 6 years
CAPITAL CRIMES: Murder & Treason
CLASS ‘A’ MISDEMEANOR: not to exceed 1 year (must photograph and fingerprint)
CLASS ‘B’ MISDEMEANOR: not to exceed 90 days
CLASS ‘C’ MISDEMEANOR: not to exceed 30 days
3-3-201: UNKNOWINGLY FURNISHING OR SELLING (ALCOHOL) TO A MINOR.
(a) Any person who shall unknowingly sell, give away, or otherwise dispose of intoxicating liquor to a minor shall be guilty of a violation and punished by a fine of not less than two hundred dollars ($200) nor more than five hundred dollars ($500) for the first offense.
(b) For the second and subsequent offenses, he or she shall be guilty of a Class A misdemeanor.
3-3-202: KNOWINGLY FURNISHING OR SELLING (ALCOHOL) TO MINOR.
(a) (1) It shall be unlawful for any person knowingly to give, procure, or otherwise furnish any alcoholic beverage to any person under twenty-one (21) years of age. However, this section shall not apply to the serving of such to one's family or to the use of wine in any religious ceremony or rite in any established church or religion.
(b) (2) (A) Upon a first conviction, any person violating this subsection shall be guilty of a Class C misdemeanor.
(B) Upon a second conviction within three (3) years, a person violating this section shall be guilty of a Class D felony.
(b) (1) It shall be unlawful for any person to knowingly to sell or otherwise furnish for money or other valuable consideration any alcoholic beverage to any person under twenty-one (21) years of age.
(2) (A) Upon a first conviction, any person violating this subsection shall be guilty of a Class D felony and shall be punished as provided by law.
(B) Upon a second conviction within five (5) years, a person violating this section shall be deemed guilty of a Class C felony and may be imprisoned or fined, or both as provided by law.
(c) (1) A warning notice that includes the provisions of subsections (a) and (b) of this section shall be posted in public view in each place of business where alcoholic beverages are sold.
(2) The warning notice shall be posted in a manner prescribed by the Alcoholic Beverage Control Board
3-3-203: PURCHASE OR POSSESSION BY MINOR (OF ALCOHOL).
(a) (1) It shall be unlawful for any person under twenty-one (21) years of age to purchase or have in possession any intoxicating liquor, wine, or beer.
(2) For the purposes of this section, intoxicating liquor, wine, or beer in the body of a minor shall not be deemed to be in his or her possession.
(b) It shall also be unlawful for any adult to purchase on behalf of a person under twenty-one (21) years of age any intoxicating liquor, wine, or beer.
(c) Any person violating this section is guilty of a violation and upon conviction shall be subject to a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500).
(d) In addition to the penalties provided in this section, the trial judge or magistrate may impose the following penalty or penalties or any combination thereof:
(1) Require a person under twenty-one (21) years of age to write themes or essays on intoxicating liquors, wine, or beer; and
(2) Place a person under twenty-one (21) years of age under probationary conditions as determined by the court in its reasonable discretion designed as a reasonable and suitable preventive and educational safeguard to prevent future violations of this section by the person.
(e) (1) In addition to the fine authorized by subsection (c) of this section, at the time of arrest for violation of the provisions of subsection (a) of this section, the arrested person shall immediately surrender his or her license, permit, or other evidence of driving privilege to the arresting law enforcement officer as provided in § 5-65-402.
(2) (A) The Office of Driver Services or its designated official shall suspend or revoke the driving privilege of the arrested person or shall suspend any nonresident driving privilege of the arrested person, as provided in § 5-65-402.
(B) The period of suspension or revocation shall be based on the offense that caused the surrender of the arrested person’s license, permit, or other evidence of driving privilege as described in subdivision (e)(1) of this section and the number of any previous offenses as follows:
(i) Suspension for sixty (60) days for a first offense under subsection (a) of this section;
(ii) Suspension for one hundred twenty (120) days for a second offense under subsection (a) of this section; and
(iii) Suspension for one (1) year for a third or subsequent offense under subsection (a) of this section.
(3) In order to determine the number of previous offenses to consider when suspending or revoking the arrested person's driving privileges, the office shall consider as a previous offense any conviction under subsection (a) of this section which occurred either prior to or after the effective date of this subsection.
3-3-204: HANDLING BY MINOR.
(a) Except as provided in subsection (b) or (c) of this section, it shall be unlawful for any wholesaler, retailer, or transporter of alcoholic beverages to allow any employee or any other person under twenty-one (21) years of age to have anything whatsoever to do with the selling, transporting, or handling of alcoholic beverages.
(b) With the written consent of a parent or guardian, persons eighteen (18) years of age and older may:
(1) Sell or otherwise handle beer and cooking wines at retail grocery establishments; or
(2) Be employed by a licensed liquor wholesaler or licensed beer wholesaler or by a licensed native winery to handle alcoholic beverages at the place of business of the licensed wholesaler or winery.
(c) With the written consent of a parent or guardian, persons nineteen (19) years of age and older may sell and handle alcoholic beverages at an establishment that is licensed for on-premises consumption of alcoholic beverages under § 3-9-202(8) and (9), § 3-9-301, or § 3-9-501.
(d) (1) Anyone violating the provisions of this section shall be guilty of a violation and upon conviction shall be fined not less than ten dollars ($10.00) nor more than one hundred dollars ($100).
(2) The violation shall be grounds for suspension, cancellation, or revocation by the Director of the Alcoholic Beverage Control Division of any permit issued to the person by the director.
5-3-201: CONDUCT CONSTITUTING ATTEMPT.
(a) A person attempts to commit an offense if he or she purposely engages in conduct that:
(1) Would constitute an offense if the attendant circumstances were as the person believes them to be; or
(2) Constitutes a substantial step in a course of conduct intended to culminate in the commission of an offense whether or not the attendant circumstances are as the person believes them to be.
(b) When causing a particular result is an element of the offense, a person commits the offense of criminal attempt if, acting with the kind of culpable mental state otherwise required for the commission of the offense, the person purposely engages in conduct that constitutes a substantial step in a course of conduct intended or known to cause the particular result.
(c) Conduct is not a substantial step under this section unless the conduct is strongly corroborative of the person's criminal purpose
5-3-202: COMPLICITY (ACCOMPLICE).
(a) A person attempts to commit an offense if, with the purpose of aiding another person in the commission of the offense, the person engages in conduct that would establish his or her complicity under § 5-2-402 if the offense were committed by the other person.
(b) It is not a defense to a prosecution under this section that:
(1) The other person did not commit or attempt to commit an offense; or
(2) It was impossible for the actor to assist the other person in the commission of the offense if the actor could have assisted the other person had the attendant circumstances been as the actor believed them to be.
5-3-301: CONDUCT CONSTITUTING SOLICITATION. (CRIMINAL SOLICITATION).
(a) A person solicits the commission of an offense if, with the purpose of promoting or facilitating the commission of a specific offense, the person commands, urges, or requests another person to engage in specific conduct that would:
(1) Constitute that offense;
(2) Constitute an attempt to commit that offense;
(3) Cause the result specified by the definition of that offense; or
(4) Establish the other person's complicity in the commission or attempted commission of that offense.
(b) Criminal solicitation is a:
(1) Class A felony if the offense solicited is capital murder, treason, or a Class Y felony;
(2) Class B felony if the offense solicited is a Class A felony;
(3) Class C felony if the offense solicited is a Class B felony;
(4) Class D felony if the offense solicited is a Class C felony;
(5) Class A misdemeanor if the offense solicited is a Class D felony or an unclassified felony;
(6) Class B misdemeanor if the offense solicited is a Class A misdemeanor;
(7) Class C misdemeanor if the offense solicited is a Class B misdemeanor; or
(8) Violation if the offense solicited is a Class C misdemeanor or an unclassified misdemeanor.
5-3-401: CONDUCT CONTITUTING CONSPIRACY.
A person conspires to commit an offense if with the purpose of promoting or facilitating the commission of any criminal offense:
(1) The person agrees with another person or other persons that:
(A) One (1) or more of the persons will engage in conduct that constitutes that offense; or
(B) The person will aid in the planning or commission of that criminal offense; and
(2) The person or another person with whom the person conspires does any overt act in pursuance of the conspiracy.
5-10-101: CAPITAL MURDER.
(a) A person commits capital murder if:
(1) Acting alone or with one (1) or more other persons:
(A) The person commits or attempts to commit:
(i) Terrorism, as defined in § 5-54-205;
(ii) Rape, § 5-14-103;
(iii) Kidnapping, § 5-11-102;
(iv) Vehicular piracy, § 5-11-105;
(v) Robbery, § 5-12-102;
(vi) Aggravated robbery, § 5-12-103;
(vii) Residential burglary, § 5-39-201(a);
(viii) Commercial burglary, § 5-39-201(b);
(ix) A felony violation of the Uniform Controlled Substances Act, §§ 5-64-101 — 5-64-508, involving an actual delivery of a controlled substance; or
(x) First degree escape, § 5-54-110; and
(B) In the course of and in furtherance of the felony or in immediate flight from the felony, the person or an accomplice causes the death of any person under circumstances manifesting extreme indifference to the value of human life;
(2) Acting alone or with one (1) or more other persons:
(A) The person commits or attempts to commit arson, § 5-38-301; and
(B) In the course of and in furtherance of the felony or in immediate flight from the felony, the person or an accomplice causes the death of any person;
(3) With the premeditated and deliberated purpose of causing the death of any law enforcement officer, jailer, prison official, firefighter, judge or other court official, probation officer, parole officer, any military personnel, or teacher or school employee, when such person is acting in the line of duty, the person causes the death of any person;
(4) With the premeditated and deliberated purpose of causing the death of another person, the person causes the death of any person;
(5) With the premeditated and deliberated purpose of causing the death of the holder of any public office filled by election or appointment or a candidate for public office, the person causes the death of any person;
(6) While incarcerated in the Department of Correction or the Department of Community Correction, the person purposely causes the death of another person after premeditation and deliberation;
(7) Pursuant to an agreement that the person cause the death of another person in return for anything of value, he or she causes the death of any person;
(8) The person enters into an agreement in which a person is to cause the death of another person in return for anything of value, and a person hired pursuant to the agreement causes the death of any person;
(9) (A) Under circumstances manifesting extreme indifference to the value of human life, the person knowingly causes the death of a person fourteen (14) years of age or younger at the time the murder was committed if the defendant was eighteen (18) years of age or older at the time the murder was committed.
(B) It is an affirmative defense to any prosecution under this subdivision (a)(9) arising from the failure of the parent, guardian, or person standing in loco parentis to provide specified medical or surgical treatment, that the parent, guardian, or person standing in loco parentis relied solely on spiritual treatment through prayer in accordance with the tenets and practices of an established church or religious denomination of which he or she is a member; or
(10) The person:
(A) Purposely discharges a firearm from a vehicle at a person or at a vehicle, conveyance, or a residential or commercial occupiable structure that he or she knows or has good reason to believe to be occupied by a person; and