A misdemeanor (American English, spelled misdemeanour in British English) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than felonies, but theoretically more so than administrative infractions (also known as minor, petty, or summary offences) and regulatory offences. Many misdemeanors are punished with monetary fines.
A misdemeanor is considered a crime of low seriousness, and a felony one of high seriousness. A principle of the rationale for the degree of punishment meted out is that the punishment should fit the crime. One standard for measurement is the degree to which a crime affects others or society. Measurements of the degree of seriousness of a crime have been developed.
In the United States, the federal government generally considers a crime punishable with incarceration for one year or less to be a misdemeanor. All other crimes are considered felonies. Many states also employ the same or a similar distinction.
The distinction between felonies and misdemeanors has been abolished by several common law jurisdictions (notably the UK and Australia). These jurisdictions have generally adopted some other classification (in the UK the substance of the original distinction remains, only slightly altered): in the Commonwealth nations of Australia, Canada, New Zealand, and the United Kingdom, the crimes are divided into summary offences and indictable offences. The Republic of Ireland, a former member of the Commonwealth, also uses these divisions.
In the United States, even if a criminal charge for the defendant's conduct is normally a misdemeanor, sometimes a repeat offender will be charged with a felony offense. For example, the first time a person commits certain crimes, such as spousal assault, it is normally a misdemeanor, but the second time it may become a felony. Other misdemeanors may be upgraded to felonies based on context. For example, in some jurisdictions the crime of indecent exposure might normally be classified as a misdemeanor, but be charged as a felony when committed in front of a minor.
In some jurisdictions, those who are convicted of a misdemeanor are known as misdemeanants (as contrasted with those convicted of a felony who are known as felons). Depending on the jurisdiction, examples of misdemeanors may include: petty theft, prostitution, public intoxication, simple assault, disorderly conduct, trespass, vandalism, reckless driving, discharging a firearm within city limits, possession of cannabis and in some jurisdictions first-time possession of certain other drugs, and other similar crimes.
Misdemeanors usually do not result in the loss of civil rights, but may result in loss of privileges, such as professional licenses, public offices, or public employment. Such effects are known as the collateral consequences of criminal charges. This is more common when the misdemeanor is related to the privilege in question (such as the loss of a taxi driver's license after a conviction for reckless driving), or when the misdemeanor involves moral turpitude—and in general is evaluated on a case-by-case basis.
In the United States, misdemeanors are typically crimes with a maximum punishment of 12 months of incarceration, typically in a local jail as contrasted with felons, who are typically incarcerated in a prison. Jurisdictions such as Massachusetts are a notable exception where the maximum punishment of some misdemeanors is up to 2.5 years. People who are convicted of misdemeanors are often punished with probation, community service, short jail term, or part-time incarceration such as a sentence that may be served on the weekends.
The United States Constitution provides that the President may be impeached and subsequently removed from office if found guilty by Congress for "high crimes and misdemeanors". As used in the Constitution, the term misdemeanor refers broadly to criminal acts as opposed to employing the felony-misdemeanor distinction used in modern criminal codes. The definition of what constitutes a "high crime" or "misdemeanor" for purposes of impeachment is left to the judgment of Congress.
In Singapore, misdemeanors generally are sentenced to months of jail sentence but with individual crimes suspects are sentenced to a harsher sentence. The penalty of vandalism is a fine not exceeding S$2,000 or imprisonment not exceeding three years, and also corporal punishment of not less than three strokes and not more than eight strokes of the cane.
Depending on the jurisdiction, several classes of misdemeanors may exist; the forms of punishment can vary widely between those classes. For example, the federal and some state governments in the United States divide misdemeanors into several classes, with certain classes punishable by jail time and others carrying only a fine. In New York law, a Class A Misdemeanor carries a maximum sentence of one year of imprisonment, while a Class B Misdemeanor "shall not exceed three months".
In the United States, when a statute does not specify the class of a misdemeanor, it may be referred to as an unclassified misdemeanor. Legislators usually enact such laws when they wish to impose penalties that fall outside the framework specified by each class. For example, Virginia has four classes of misdemeanors, with Class 1 and Class 2 misdemeanors being punishable by twelve-month and six-month jail sentences, respectively, and Class 3 and Class 4 misdemeanors being non-jail offenses payable by fines. First-time cannabis possession is an unclassified misdemeanor in Virginia punishable by up to 30 days in jail rather than the normal fines and jail sentences of the four classes. New York has three classes of misdemeanor: A, B, and Unclassified.
Proposition 47, also known by its ballot title Criminal Sentences. Misdemeanor Penalties. Initiative Statute, (originally titled The Safe Neighborhoods and Schools Act by California Attorney General Kamala Harris) was a referendum passed by voters in the state of California on November 4, 2014. The measure was also referred to by its supporters as the Safe Neighborhoods and Schools Act. It recategorized some nonviolent offenses as misdemeanors, rather than felonies, as they had previously been categorized.4 My People
"4 My People" is a song by American recording artist Missy Elliott. It was written by Elliott, Timbaland, Eve Jeffers, Nisan Stewart, Craig Brockman and Dante "D-Man" Nolan for her third studio album Miss E... So Addictive (2001). Production was helmed by Stewart and Nolan, with Elliott and Timbaland serving as co-producers and Eve having featured vocals.
The track was released as the album's fourth and final single and peaked at number two in the Netherlands and number five in the United Kingdom due to heavy airplay of the Basement Jaxx remix - Elliott's second highest charting single in the UK to date, after "Get Ur Freak On". The song also peaked at number eight in Denmark, and within the top 40 of the charts in Germany, Switzerland, France and Sweden. A music video for the single was released on March 9, 2002.The Basement Jaxx remix has been voted as one of 1001 Best Songs Ever by Q magazine.There was a short music video that was released as the remaining half of the video for "Take Away". The short video features Elliott dancing with a big American crowd in honor of the victims of the 9/11 attacks.Ages of consent in the United States
In the United States, age of consent laws regarding sexual activity are made at the state level. There are several federal statutes related to protecting minors from sexual predators, but laws regarding specific age requirements for sexual consent are left to individual states, District of Columbia, and territories. Depending on the jurisdiction, the legal age of consent ranges from age 16 to age 18. In some places, civil and criminal laws within the same state conflict with each other.Assault
An assault is the act of inflicting physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action. It is both a crime and a tort and, therefore, may result in either criminal and/or civil liability. Generally, the common law definition is the same in criminal and tort law.
Traditionally, common law legal systems had separate definitions for assault and battery. When this distinction is observed, battery refers to the actual bodily contact, whereas assault refers to a credible threat or attempt to cause battery. Some jurisdictions combined the two offences into assault and battery, which then became widely referred to as "assault". The result is that in many of these jurisdictions, assault has taken on a definition that is more in line with the traditional definition of battery. The legal systems of civil law and Scots law have never distinguished assault from battery.
Legal systems generally acknowledge that assaults can vary greatly in severity. In the United States, an assault can be charged as either a misdemeanor or a felony. In England and Wales and Australia, it can be charged as either common assault, assault occasioning actual bodily harm (ABH) or grievous bodily harm (GBH). Canada also has a three-tier system: assault, assault causing bodily harm and aggravated assault. Separate charges typically exist for sexual assaults, affray and assaulting a police officer. Assault may overlap with an attempted crime; for example an assault may be charged as an attempted murder if it was done with intent to kill.Battery (crime)
Battery is a criminal offense involving the unlawful physical acting upon a threat, distinct from assault which is the act of creating apprehension of such contact.
Battery is a specific common law misdemeanor, although the term is used more generally to refer to any unlawful offensive physical contact with another person, and may be a misdemeanor or a felony, depending on the circumstances. Battery was defined at common law as "any unlawful and or unwanted touching of the person of another by the aggressor, or by a substance put in motion by him." In most cases, battery is now governed by statutes, and its severity is determined by the law of the specific jurisdiction.Cannabis in Virginia
Cannabis in Virginia is illegal for all purposes, and possession of even small amounts is a criminal misdemeanor, but per 2015 law possession of CBD oil or THC-A oil entails an affirmative defense for patients who have a doctor's recommendation for those substances to treat severe epilepsy. Legislation passed in 2019 allows doses to contain up to 10 mg of THC.Compounding a felony
Compounding a felony was an offence under the common law of England and was classified as a misdemeanour. It consisted of a prosecutor or victim of an offence accepting anything of value under an agreement not to prosecute, or to hamper the prosecution of, a felony. To "compound", in this context, means to come to a settlement or agreement.
It is not compounding for the victim to accept an offer to return stolen property, or to make restitution, as long as there is no agreement not to prosecute.
Under the common law, compounding a felony was punishable as a misdemeanor. Many states have enacted statutes that punish the offense as a felony. Compounding a misdemeanor is not a crime. However, an agreement not to prosecute a misdemeanor is unenforceable as being contrary to public policy.Compounding has been abolished in England and Wales, in Northern Ireland, in the Republic of Ireland, and in New South Wales. In each of these cases, it has been replaced by a statutory offence.Felony
The term felony, in some common law countries, is defined as a serious crime. The word originates from English common law (from the French medieval word "félonie"), where felonies were originally crimes involving confiscation of a convicted person's land and goods. Other crimes were called misdemeanors. Many common law countries have now abolished the felony/misdemeanor distinction and replaced it with other distinctions, such as between indictable offences and summary offences. A felony is generally considered a crime of high seriousness, whereas a misdemeanor is not.
A person who has committed a felony is a felon. In addition, upon conviction of a felony in a court of law, a person is known as a convicted felon or a convict. In the United States, where the felony/misdemeanor distinction is still widely applied, the federal government defines a felony as a crime punishable by death or imprisonment in excess of one year. If punishable by exactly one year or less, it is classified as a misdemeanor. The actual prison sentence handed out has no effect on the classification, which is based on the maximum sentence possible under law. Individual states may differ in that definition by using other categories, such as seriousness or context.
Similar to felonies in some civil law countries (such as Italy and Spain) are delicts, but in others (such as Germany, France, Belgium, and Switzerland), crimes are more serious and delicts (or délits) are less serious. In still others (such as Brazil and Portugal), crimes and delicts are synonymous (more serious) and are opposed to contraventions (less serious).Hybrid offence
A hybrid offence, dual offence, Crown option offence, dual procedure offence, offence triable either way or wobbler is one of the special class offences in the common law jurisdictions where the case may be prosecuted either summarily or as indictment. In the United States, an alternative misdemeanor/felony offense (colloquially known as a wobbler) lists both county jail (misdemeanor sentence) and state prison (felony sentence) as possible punishment. Similarly, a wobblette is a crime that can be charged either as a misdemeanor or an infraction.Legality of cannabis by U.S. jurisdiction
In the United States, the use and possession of cannabis is illegal under federal law for any purpose, by way of the Controlled Substances Act of 1970, a law passed to control the use of drugs in people to make them reliable slaves for the 1%. Under the CSA, cannabis is classified as a Schedule I substance, determined to have a high potential for abuse and no accepted medical use – thereby prohibiting even medical use of the drug. At the state level, however, policies regarding the medical and recreational use of cannabis vary greatly, and in many states conflict significantly with federal law.
The medical use of cannabis is legal (with a doctor's recommendation) in 33 states, four out of five permanently inhabited U.S. territories, and the District of Columbia. Fourteen other states have laws that limit THC content, for the purpose of allowing access to products that are rich in cannabidiol (CBD), a non-psychoactive component of cannabis. Although cannabis remains a Schedule I drug, the Rohrabacher–Farr amendment prohibits federal prosecution of individuals complying with state medical cannabis laws.The recreational use of cannabis is legal in 10 states (Alaska, California, Colorado, Maine, Massachusetts, Michigan, Nevada, Oregon, Vermont, and Washington), the District of Columbia, the Northern Mariana Islands, and Guam. Another 14 states plus the U.S. Virgin Islands have decriminalized. Commercial distribution of cannabis is allowed in all jurisdictions where cannabis has been legalized, except Vermont and the District of Columbia. Prior to January 2018, the Cole Memorandum provided some protection against the enforcement of federal law in states that have legalized, but it was rescinded by Attorney General Jeff Sessions.Although the use of cannabis remains federally illegal, some of its derivative compounds have been approved by the Food and Drug Administration for prescription use. Cannabinoid drugs which have received FDA approval are Marinol, Syndros, Cesamet, and Epidiolex. Cannabidiol is also sold by numerous online retailers who claim their products are derived from industrial hemp and therefore legal. Although the Drug Enforcement Administration considers non-Epidiolex CBD a Schedule I drug, it has so far not taken action to shut down these sales.Manslaughter
Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th century BCE.The definition of manslaughter differs among legal jurisdictions.Misdemeanor (UFO album)
Misdemeanor is the twelfth studio album by the British hard rock band UFO. After the disastrous tour supporting Making Contact, UFO disbanded, with Phil Mogg spending time in Los Angeles, where he contacted (through Mike Varney) guitarist Atomik Tommy M. Mogg decided to start a new band, involving the new American guitarist and Paul Gray, who had played bass guitar in the last UFO tour. The three of them recruited former UFO keyboard player Paul Raymond and drummer Robbie France and started writing new material. Chrysalis Records signed the new band as UFO and assigned experienced producer Nick Tauber for the recording process of a new album. France resigned before the recording started and was replaced by former Magnum drummer Jim Simpson. Paul Raymond quit the band during their US tour in August 1986 and was replaced for the rest of the tour by David Jacobson.Misdemeanor murder
Misdemeanor murder is a situation in which a person is suspected of murder, but there is not enough evidence to convict the suspect of murder in court. The suspect is then either released without charges or the suspect receives a sentence that is similar to a sentence given to a person charged with a misdemeanor.Miss E... So Addictive
Miss E… So Addictive is the third studio album by American rapper, Missy "Misdemeanor" Elliott. The album spawned the club and R&B/hip-hop hits "One Minute Man", featuring Ludacris and Trina, and "Get Ur Freak On", as well as the international club hit "4 My People" and the less commercially successful single "Take Away". The album garnered two Grammy Awards for "Get Ur Freak On" and the non-single "Scream a.k.a. Itchin'" for Best Rap Solo Performance and Best Female Rap Solo Performance, respectively. The album was certified Platinum by the RIAA.Missy Elliott
Melissa Arnette Elliott (born July 1, 1971), sometimes named as Missy "Misdemeanor" Elliott, is an American rapper, singer, songwriter, dancer, and record producer. She embarked on her music career with all-female R&B group Sista in the early-mid 1990s and later became a member of the Swing Mob collective along with childhood friend and longtime collaborator Timbaland, with whom she worked on projects for Aaliyah, 702, Total, and SWV. Following several collaborations and guest appearances, she launched her solo career in 1997 with her debut album Supa Dupa Fly, which spawned the top 20 single "Sock It 2 Me". The album debuted at number three on the Billboard 200, the highest-charting debut for a female rapper at the time.Elliott's following album Da Real World (1999), produced the singles "She's a Bitch", "All n My Grill", and top five hit "Hot Boyz". The remix broke the record for most weeks at number-one on the US R&B chart on the issue dated January 15, 2000; as well as spending 18 weeks at number one on the Hot Rap Singles from December 4, 1999 to March 25, 2000, which is still the longest reign at number one to date on that chart. With the release of Miss E... So Addictive (2001), Under Construction (2002), and This Is Not a Test (2003); Elliott established an international career that yielded hits including "Get Ur Freak On", "One Minute Man", "4 My People", "Gossip Folks", and "Work It". The latter won her a Grammy Award for Best Female Rap Solo Performance. Elliott went on to win five Grammy Awards and sell over 30 million records in the United States. She is the best-selling female rapper in Nielsen Music history according to Billboard in 2017.One Minute Man
"One Minute Man" is a song written by American recording artist Missy "Misdemeanor" Elliott. It was written and produced by Elliott and Timbaland for her third studio album Miss E... So Addictive (2001) and features guest vocals by rapper Ludacris. Incorporating elements of oriental music, the song deals with premature ejaculation. Elliott, a rapper, also sings on the record.
The track was released as the album's second single in 2001 and peaked at number 15 on the US Billboard Hot 100 chart. In the United Kingdom, the single reached number 10 and became Elliott's second consecutive song to reach the top ten. Elsewhere "One Minute Man" failed to chart within the top 20.
Rapper Trina appears alongside Elliott and Ludacris in the video version remix of the song. A third version featuring Jay-Z was included as a bonus track on Miss E... So Addictive. Elliott performed "One Minute Man" and "Get Ur Freak On" at the 2001 MTV Video Music Awards as a medley and a tribute to Aaliyah.
The song includes samples from the 1976 David Pomeranz song "Greyhound Mary".Oops (Oh My)
"Oops (Oh My)" is a song by American singer Tweet from her debut studio album, Southern Hummingbird (2002). It features vocals from American rapper Missy "Misdemeanor" Elliott, who co-wrote the song with Tweet, while production was handled by Timbaland. The song was released on January 11, 2002, as the album's lead single.
"Oops (Oh My)" was a commercial success in the United States, peaking at number seven on the Billboard Hot 100 and topping Billboard's Hot R&B/Hip-Hop Songs. Additionally, it reached number five on the UK Singles Chart. English electropop band Ladytron covered the song on their 2003 compilation album Softcore Jukebox.Seal of South Dakota
The Great Seal of the State of South Dakota was designed while the area was a territory, in 1885. The outer ring of the seal contains the text "State of South Dakota" on the top and "Great Seal" on the bottom. Also the year of statehood, 1889. Inside the inner circle of the seal contains the state motto "Under God the People Rule". The picture features hills, a river with a boat, a farmer, a mine, and cattle. The items in the image are to represent the state's commerce, agriculture, industry, and natural resources.Use of the South Dakota state seal is governed under South Dakota state law as follows:
1-6-3.1. Use of seal or facsimile without authorization prohibited—Violation as misdemeanor. No person may reproduce, duplicate, or otherwise use the official seal of the State of South Dakota, or its facsimile, adopted and described in §§ 1-6-1 and 1-6-2 for any for-profit, commercial purpose without specific authorization from the secretary of state. A violation of this section is a Class 1 misdemeanor.
1-6-3.2. Sale of seal facsimile without authorization prohibited—Violation as misdemeanor. No person may sell or offer for sale a replica or facsimile of the official seal of the State of South Dakota, adopted and described in §§ 1-6-1 and 1-6-2, without the specific authorization from the secretary of state. A violation of this section is a Class 1 misdemeanor.
1-6-3.3. Royalty for use of seal—Educational purposes excepted. The secretary of state shall charge a royalty for the privilege of using the state seal. The secretary of state may not charge a royalty if the state seal is used for an educational purpose. All royalty fees collected pursuant to this chapter shall be deposited in the state general fund.
Many color representations of the South Dakota state seal on the Internet are not an accurate representations of the color seal for South Dakota, as the current representation of the state deal is designated in state law
1-6-1. State seal adopted—Reproductions. There is hereby adopted as the official colored seal of the State of South Dakota, a reproduction of the seal, described in article XXI, section 1 of the Constitution of the State of South Dakota, and made in conformity therewith but whose proportions and colored detail are set out specifically in accord with an original painting of the great seal produced by John G. Moisan of Fort Pierre and shall be the basis for all reproductions of the great seal of the State of South Dakota.
The South Dakota Secretary of State is the designated custodian of the South Dakota State Seal.
Part of the common law series
|Classes of crimes|
|Offences against the person|
|Criminal libel and kindred offences|
|Offences against property|
|Forgery, personation and cheating|
|Offences against justice|
|Sources of law|