Offenses Against the Administraton of Justice

Offenses Against the

Administration of Justice

§ 5001. Perjury.

§ 5002. False swearing.

§ 5003. False alarm to agencies of public safety.

§ 5004. False reports to law enforcement authorities.

§ 5005. Tampering with witnesses.

§ 5006. Tampering with evidence.

§ 5007. Interference with service of process.

§ 5008. Concealment, removal or alteration of record or process.

§ 5009. Obstruction of justice.

§ 5010. Resisting arrest.

§ 5011. Compounding.

§ 5012. Escape.

§ 5013. Assisting an Escape.

§ 5014. Failure to appear.

§ 5015. Duty to report injury or death.

§ 5001. Perjury.

Every person who takes an oath or any legal substitute therefore before a competent tribunal, officer, or persons, in any case in which a law of the State authorizes an oath or any legal substitute therefore to be administered, declaring that he will testify, declare, depose, or certify truly, or that any written testimony, deposition, or certificate subscribed by him is true, and who willfully and contrary to such oath or legal substitute therefore states or subscribes to any material which he does not believe to be true, shall be guilty of perjury, and upon conviction thereof shall be imprisoned for a period of not more than three years.

Source: CSL 6-66, § 901.

§ 5002. False swearing.

Every person who makes a false statement under oath or equivalent affirmation, or swears or affirms the truth of such a statement previously made, when he does not believe the statement to be true, and the falsification occurs in an official proceeding or is intended to mislead a public servant in performing his official function, shall be guilty of false swearing, and upon conviction thereof shall be imprisoned for a period of not more than six months, or fined not more than $100.00, or both.

Source: CSL 6-66, § 902.

§ 5003. False alarm to agencies of public safety.

Every person who knowingly causes a false alarm of fire or other emergency to be transmitted to any organization or official dealing with emergencies involving danger to life or property, shall be guilty or false alarm, and upon conviction thereof shall be imprisoned for a period of not more than six months, or fined not more than $100.00, or both.

Source: CSL 6-66, § 903.

§ 5004. False reports to law enforcement authorities.

Every person who knowingly gives false information to any law enforcement officer with purpose to implicate another is guilty of false reports, and upon conviction thereof shall be imprisoned for a period of not more than six months, or fined not more than $100.00, or both.

Source: CSL 6-66, § 904.

§ 5005. Tampering with witnesses.

Every person who, believing that an official proceeding or investigation is pending or about to be instituted, attempts to induce, threaten, or otherwise cause a witness to testify or inform falsely, or withhold any testimony, or elude legal process, or absent himself from any proceeding to which he has been legally summoned, shall be guilty of tampering with witnesses, and upon conviction thereof shall be imprisoned for a period of not more six months, or fined not more than $100.00, or both.

Source: CSL 6-66, § 905.

§ 5006. Tampering with evidence.

Every person who, believing that an official proceeding or investigation is pending or about to be instituted, alters, destroys, conceals or removes any record, document or thing with purpose to impair its variety or availability in such proceeding or investigation shall be guilty of tampering with evidence, and upon conviction thereof shall be imprisoned for a period of not more than six months, or fined not more than $100.00, or both.

Source: CSL 6-66, § 906.

§ 5007. Interference with service of process.

Every person who knowingly and willfully obstructs, resists, or opposes the Chief of Police, a policeman or other person duly authorized in serving or executing, or attempting to serve or execute any process issued by any court or official authorized to issue the same, or who assaults, beat or wounds any Chief of Police, policeman, or other person so duly authorized, knowing him to be such officer, or other person duly authorized, in serving or executing any such process shall be guilty of interference with service and, upon conviction thereof, shall be imprisoned for a period of not more than one year, or fined not more than $1,000.00, or both.

Source: CSL 6-66, § 907.

§ 5008. Concealment, removal or alteration of record or process.

Every person who willfully and unlawfully conceals, removes, takes away, mutilates, obliterates, alters, or destroys, or attempts to do so, or willfully takes and carries away record or process in or from any court or official authorized to issue or serve them, shall be guilty of tampering with judicial records or process, as the case may be, and upon conviction thereof, shall be imprisoned for not more than three years, or fined not more than $1,000.00, or both.

Source: CSL 6-66, § 908.

§ 5009. Obstruction of justice.

Every person who purposely obstructs, impairs or prevents the administration of law by force, threats, violence, physical interference or obstacle, or any other act, shall be guilty of obstruction of justice, and upon conviction thereof shall be imprisoned for a period of not more than three years, or shall be fined not more than $1,000.00 or both.

Source: CSL 6-66, § 909.

§ 5010. Resisting arrest.

Every person who, for the purpose of preventing a law enforcement officer from effecting a lawful arrest or discharging any other duty, creates a substantial risk of bodily injury to the officer or anyone else, or employs means justifying or requiring substantial force to overcome the resistance, shall be guilty of resisting arrest, and upon conviction thereof shall be imprisoned for a period of not more than one year, or fined not more than $1,000.00, or both.

Source: CSL 6-66, § 910.

§ 5011. Compounding.

Every person who, having knowledge that a crime has been, is being, or is about to be committed, shall unlawfully, and willfully agree for a reward not to prosecute it shall be guilty of compounding a crime and upon conviction thereof shall be imprisoned for a period of not more than one year, or fined not more than $100.00, or both.

Source: CSL 6-66, § 911.

§ 5012. Escape.

Every person who, being a law enforcement officer, or having lawful custody or a prisoner, shall unlawfully, willfully or negligently allow said prisoner to depart from such custody, except by due process of law; or whosoever, being a prisoner, shall unlawfully and willfully depart from such custody, shall be guilty of escape, and upon conviction thereof shall be imprisoned for a period of not more than three years.

Source: CSL 6-66, § 912.

§ 5013. Assisting an Escape.

Every person who shall unlawfully, knowingly and willfully assist any prisoner to escape from the custody of any person lawfully having custody thereof shall be guilty of assisting an escape, and upon conviction thereof shall be imprisoned for a period of not more than three years.

Source: CSL 6-66, § 913.

§ 5014. Failure to appear.

Every person set at liberty by court order, with or without bail, upon condition that he will subsequently appear at a specified time and place, who, without lawful excuse, fails to appear at that time and place, shall be guilty of failure to appear, and upon conviction thereof shall be imprisoned for not more than six months, or fined not more than $100.00, or both.

Source: CSL 6-66, § 914.

§ 5015. Duty to report injury or death.

(1) Every person who gains knowledge of a death or injury resulting from a knife wound, bullet wound, powder burn, or sustained in a suspicious or unusual manner or under conditions suggesting poisoning or violence, shall make a report thereof immediately, and in any case within five days of obtaining such knowledge, to the nearest law enforcement official or to any police officer or to the Chief of Police. Said report shall state:

(a) The name and location of injured or deceased persons;

(b) The date of injury or death, or date of gaining knowledge thereof by informant, if date of injury or death is unknown;

(d) The name of the person causing injury or death; if known

(2) No person making a report in compliance with this Section shall be deemed to have violated the confidential relationship existing between doctor and patient.

(3) Copies of such report shall be furnished without charge to the State Public Defender at his request.

(4) Any person violating Subsection (1) of this Section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than $500.00, or imprisoned for not more than one year, or both.

Source: CSL 6-66, § 915.

	DRAFT CSC, Title 12. Crimes and Punishment
	CHAPTER 9 Offenses Against the Administration of Justice § 5001. Perjury. § 5002. False swearing. § 5003. False alarm to agencies of public safety. § 5004. False reports to law enforcement authorities. § 5005. Tampering with witnesses. § 5006. Tampering with evidence. § 5007. Interference with service of process. § 5008. Concealment, removal or alteration of record or process. § 5009. Obstruction of justice. § 5010. Resisting arrest. § 5011. Compounding. § 5012. Escape. § 5013. Assisting an Escape. § 5014. Failure to appear. § 5015. Duty to report injury or death. § 5001. Perjury. Every person who takes an oath or any legal substitute therefore before a competent tribunal, officer, or persons, in any case in which a law of the State authorizes an oath or any legal substitute therefore to be administered, declaring that he will testify, declare, depose, or certify truly, or that any written testimony, deposition, or certificate subscribed by him is true, and who willfully and contrary to such oath or legal substitute therefore states or subscribes to any material which he does not believe to be true, shall be guilty of perjury, and upon conviction thereof shall be imprisoned for a period of not more than three years. Source: CSL 6-66, § 901. § 5002. False swearing. Every person who makes a false statement under oath or equivalent affirmation, or swears or affirms the truth of such a statement previously made, when he does not believe the statement to be true, and the falsification occurs in an official proceeding or is intended to mislead a public servant in performing his official function, shall be guilty of false swearing, and upon conviction thereof shall be imprisoned for a period of not more than six months, or fined not more than $100.00, or both. Source: CSL 6-66, § 902. § 5003. False alarm to agencies of public safety. Every person who knowingly causes a false alarm of fire or other emergency to be transmitted to any organization or official dealing with emergencies involving danger to life or property, shall be guilty or false alarm, and upon conviction thereof shall be imprisoned for a period of not more than six months, or fined not more than $100.00, or both. Source: CSL 6-66, § 903. § 5004. False reports to law enforcement authorities. Every person who knowingly gives false information to any law enforcement officer with purpose to implicate another is guilty of false reports, and upon conviction thereof shall be imprisoned for a period of not more than six months, or fined not more than $100.00, or both. Source: CSL 6-66, § 904. § 5005. Tampering with witnesses. Every person who, believing that an official proceeding or investigation is pending or about to be instituted, attempts to induce, threaten, or otherwise cause a witness to testify or inform falsely, or withhold any testimony, or elude legal process, or absent himself from any proceeding to which he has been legally summoned, shall be guilty of tampering with witnesses, and upon conviction thereof shall be imprisoned for a period of not more six months, or fined not more than $100.00, or both. Source: CSL 6-66, § 905. § 5006. Tampering with evidence. Every person who, believing that an official proceeding or investigation is pending or about to be instituted, alters, destroys, conceals or removes any record, document or thing with purpose to impair its variety or availability in such proceeding or investigation shall be guilty of tampering with evidence, and upon conviction thereof shall be imprisoned for a period of not more than six months, or fined not more than $100.00, or both. Source: CSL 6-66, § 906. § 5007. Interference with service of process. Every person who knowingly and willfully obstructs, resists, or opposes the Chief of Police, a policeman or other person duly authorized in serving or executing, or attempting to serve or execute any process issued by any court or official authorized to issue the same, or who assaults, beat or wounds any Chief of Police, policeman, or other person so duly authorized, knowing him to be such officer, or other person duly authorized, in serving or executing any such process shall be guilty of interference with service and, upon conviction thereof, shall be imprisoned for a period of not more than one year, or fined not more than $1,000.00, or both. Source: CSL 6-66, § 907. § 5008. Concealment, removal or alteration of record or process. Every person who willfully and unlawfully conceals, removes, takes away, mutilates, obliterates, alters, or destroys, or attempts to do so, or willfully takes and carries away record or process in or from any court or official authorized to issue or serve them, shall be guilty of tampering with judicial records or process, as the case may be, and upon conviction thereof, shall be imprisoned for not more than three years, or fined not more than $1,000.00, or both. Source: CSL 6-66, § 908. § 5009. Obstruction of justice. Every person who purposely obstructs, impairs or prevents the administration of law by force, threats, violence, physical interference or obstacle, or any other act, shall be guilty of obstruction of justice, and upon conviction thereof shall be imprisoned for a period of not more than three years, or shall be fined not more than $1,000.00 or both. Source: CSL 6-66, § 909. § 5010. Resisting arrest. Every person who, for the purpose of preventing a law enforcement officer from effecting a lawful arrest or discharging any other duty, creates a substantial risk of bodily injury to the officer or anyone else, or employs means justifying or requiring substantial force to overcome the resistance, shall be guilty of resisting arrest, and upon conviction thereof shall be imprisoned for a period of not more than one year, or fined not more than $1,000.00, or both. Source: CSL 6-66, § 910. § 5011. Compounding. Every person who, having knowledge that a crime has been, is being, or is about to be committed, shall unlawfully, and willfully agree for a reward not to prosecute it shall be guilty of compounding a crime and upon conviction thereof shall be imprisoned for a period of not more than one year, or fined not more than $100.00, or both. Source: CSL 6-66, § 911. § 5012. Escape. Every person who, being a law enforcement officer, or having lawful custody or a prisoner, shall unlawfully, willfully or negligently allow said prisoner to depart from such custody, except by due process of law; or whosoever, being a prisoner, shall unlawfully and willfully depart from such custody, shall be guilty of escape, and upon conviction thereof shall be imprisoned for a period of not more than three years. Source: CSL 6-66, § 912. § 5013. Assisting an Escape. Every person who shall unlawfully, knowingly and willfully assist any prisoner to escape from the custody of any person lawfully having custody thereof shall be guilty of assisting an escape, and upon conviction thereof shall be imprisoned for a period of not more than three years. Source: CSL 6-66, § 913. § 5014. Failure to appear. Every person set at liberty by court order, with or without bail, upon condition that he will subsequently appear at a specified time and place, who, without lawful excuse, fails to appear at that time and place, shall be guilty of failure to appear, and upon conviction thereof shall be imprisoned for not more than six months, or fined not more than $100.00, or both. Source: CSL 6-66, § 914. § 5015. Duty to report injury or death. (1) Every person who gains knowledge of a death or injury resulting from a knife wound, bullet wound, powder burn, or sustained in a suspicious or unusual manner or under conditions suggesting poisoning or violence, shall make a report thereof immediately, and in any case within five days of obtaining such knowledge, to the nearest law enforcement official or to any police officer or to the Chief of Police. Said report shall state: (a) The name and location of injured or deceased persons; (b) The date of injury or death, or date of gaining knowledge thereof by informant, if date of injury or death is unknown; (c) The cause and manner of injury or death; (d) The name of the person causing injury or death; if known (2) No person making a report in compliance with this Section shall be deemed to have violated the confidential relationship existing between doctor and patient. (3) Copies of such report shall be furnished without charge to the State Public Defender at his request. (4) Any person violating Subsection (1) of this Section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than $500.00, or imprisoned for not more than one year, or both. Source: CSL 6-66, § 915.