Six Degrees of Sexuality (pt1)
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Other topics. Religious laws. Religious news. The Bible and homosexuality Detailed introduction, Part 1 Sponsored link. Quotations by theologians and others showing diverse beliefs: "I want God's gay and lesbian children to know of God's unconditional love and acceptance of them as well. This is an identity, not a sin. It is always rejected as sinful. There is no distinction made between homosexual behavior that is part of the consensual acts of adults and other forms of such behavior.
No one is being hurt, no one is being cheated, nobody's rights are being infringed upon. Homosexuality is a religious sin, analogous to other Biblical prohibitions, like not eating the carcass of a dead animal, or not sleeping with a woman during her menstrual cycle. By abolishing slavery and ordaining women, millions of Protestants have gone far beyond biblical literalism.
It's time we did the same for homophobia. In this section, we explain the two most extreme viewpoints on what the Bible says about homosexuality: That of most religious fundamentalists, whether Jewish, Christian, Muslim, etc. That of most religious progressives, gays, lesbians, bisexuals, human sexuality researchers and therapists. The Bible's six "clobber" passages: Two of the six texts, one in Hebrew and one in Greek, clearly condemn certain specific homosexual acts: Men attempting to engage in bestiality -- sexual acts with another species Jude , and Heterosexuals who engage in homosexual acts which are against their essential nature Romans Interpretations of four additional " clobber " texts differ among Christians: Religious progressives have often interpreted these passages as condemning men who sexually abuse boys, men who engage in homosexual ritual sex in Pagan temples, men attempting anal rape, etc.
They view the Bible as being silent on sexual behavior within a consensual, monogamous committed homosexual relationship. For example, they might identify the sin of the men of Sodom as explained in Genesis 19 as attempting to rape strangers as an act of humiliation. Alternatively, they might quote other biblical passages mentioning Sodom to show that the main sin of that city was their uncharitable behavior towards strangers, and their uncaring conduct towards the poor, the widows, and needy.
Religious conservatives often interpret all of the Biblical passages that touch on same-sex activity as condemning homosexuality in all its forms. For example, they generally identify the sin of the men of Sodom to be homosexual behavior. Homosexuality is seen as one of many manifestations of mankind's sinful nature which are a direct result of Adam and Eve's activities in the Garden of Eden. The story in Genesis 19 is interpreted by conservative Christians as describing the one result of the fall of humanity. Sponsored link: Basic approaches to analyzing the Bible: The Bible refers to specific homosexual behaviors in a few passages.
In order to understand the intent of these passages, one must make fundamental decisions -- whether to: Accept the teachings of one's faith group. If you do so, and If you follow a conservative denomination's teaching then you will probably be taught that homosexual behavior is chosen, changeable abnormal, unnatural, and condemned by God. It is something that a person does. You will probably be taught that all six of the "clobber" passages condemn all same-sex behaviors, from anal rape, to one-night sexual encounters, to long-term, loving committed relationships.
If you follow a progressive faith group's teaching, you may well accept homosexuality as an alternative, normal, natural unchangeable sexual orientation for a minority of humans, which is accepted by God. It is something that a person is. You will probably be taught that the six "clobber" passages condemn specific same-sex sexual acts that are unrelated to loving, committed same-sex relationships.
Personally study passages from your favorite English version of the Bible to reach your own conclusions. Unfortunately, this is filtered by the theological beliefs and homophobia if any of the translators. If so, then you will find many passages in the Bible which condemn certain forms of homosexual behavior as well as homosexual behavior in general. Personally study the Bible's original Hebrew, Aramaic or Greek writings and attempt to understand precisely what the writers taught. If so, then you may find that these same passages condemn specific homosexual activities rape, prostitution, child sexual abuse, ritual sex in temples, etc.
But the Bible appears to be silent about same-sex, committed, loving relationships. Common mistranslations in English versions of the Bible: There are two Hebrew words which are often associated with homosexual passages and which are often mistranslated in English versions of the Hebrew Scriptures Old Testament : "qadesh" means a male prostitute who engaged in ritual sex in a Pagan temple. This was a common profession both in ancient Israel and in the surrounding countries. The word is often mistranslated simply as "sodomite" or "homosexual. The companion word quedeshaw means female temple prostitute.
It is frequently mistranslated simply as " whore " or " prostitute. They had a specific role to play in the temple. They represented a God and Goddess, and engaged in sexual intercourse in that capacity with members of the temple. The word "homosexual" in English translations of the Bible : Outside of the conservative wings of religions, the word "homosexual" generally refers to sexual orientation. People have one of three orientations: Most are heterosexual: they are sexually attracted only to members of the opposite sex. A minority are homosexual: they are sexually attracted only to members of the same sex.
A smaller minority are bisexual: they are attracted to both men and women, but not necessarily to the same degree. This topic is continued in Part 2 References used: The following information sources were used to prepare and update the above essay. Church people of differing beliefs debate the words -- and their meaning then and now," Philadelphia Inquirer, JUL Bishop Spong described an event at a gay pride parade where " Oral contraceptives.
Female Sexual Dysfunction: Evaluation and Treatment - American Family Physician
Histamine H 2 -receptor blockers and promotility agents. Indomethacin Indocin. Ketoconazole Nizoral. Phenytoin sodium Dilantin. Monoamine oxidase inhibitors. Adapted with permission from Drugs that cause sexual dysfunction: an update. Med Lett Drugs Ther ;—8. Gynecologic conditions contribute physically to sexual difficulties Table 3 , 8 and treatment must address both of these issues. For example, treatment of a patient with recurrent cystitis as a cause of dyspareunia should include the use of lubricants and distraction techniques at first intercourse to assure adequate lubrication and relaxation, respectively.
These steps help resolve any secondary difficulties that may have developed e. For patients with a female partner, details concerning sexual habits and objects of penetration, if any, are necessary. In these instances, hygienic use of vibrators may result in fewer episodes of cystitis. Palpate rectovaginal surface. Palpate uterus. Evaluate discharge, pH. Int J Impot Res ; suppl 2 :S— Hysterectomy, gynecologic malignancies and breast cancer present medical and mortality concerns, and alter or remove physical and psychologic symbols of femininity that may result in feelings of decreased sexuality.
In one study, 11 74 percent of patients who underwent surgery for gynecologic malignancy reported decreased desire, and 40 percent reported dyspareunia. In another study 12 of patients who had undergone hysterectomy for benign disease, a decrease in sexual responsiveness of up to 30 percent was noted. Breast cancer survivors report a 21 to 39 percent incidence of sexual dysfunction, 13 although a recent study 14 suggests that this may be related to chemotherapy or hypoestrogenism secondary to ovarian failure.
Preoperative counseling, including explanations of postoperative anatomy and potential effects on sexuality, is essential in these patient populations. Continued postoperative counseling and early recognition and treatment of sexual difficulties may also help these patients maintain satisfying sexual relationships. Gynecologic changes related to a woman's reproductive life e. Puberty may lead to concerns regarding sexual identity. Pregnancy and the postpartum period are often associated with a decrease in sexual activity, desire and satisfaction, which may be prolonged with lactation.
Decreased activity of sweat and sebaceous glands, decreased tactile stimulation. Decreased fat content, decreased breast swelling and nipple erectile response with sexual arousal. Shortening and loss of elasticity of vaginal barrel, diminished physiologic secretions, rise in vaginal pH from 3. Ovaries and fallopian tubes diminish in size, ovarian follicles undergo atresia, ovarian stroma becomes fibrotic, uterine body weight decreases 30 to 50 percent, cervix atrophies and decreases mucous production.
Menopause and sexuality. In: Lobo RA, ed.
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Treatment of the postmenopausal woman. Phildelphia: Lippincott Williams and Wilkins, — The final goal is to elicit psychosocial information. Previous experiences and current intra- and interpersonal factors should be explored Table 5. Religious taboos, social restrictions, sexual identity conflicts, guilt i.
Relationship conflicts; extra-marital affairs; current physical, verbal or sexual abuse; sexual libido; desire or practices different from partner; poor sexual communication. Each patient should undergo a thorough examination, with the gynecologic examination individually guided by and tailored to patient comfort. The goal of the examination is detection of disease; however, the examination also provides an opportunity to educate the patient about normal anatomy and sexual function, and to reproduce and localize pain encountered during sexual activity.
A routine examination seeks signs of general medical conditions. The timing of the speculum examination is guided by patient symptoms. In patients with deep dyspareunia, the speculum examination should follow the bimanual examination because localization of pain is crucial in these patients. In patients in whom vaginitis, cervical cancer or a sexually transmitted disease is suspected, cultures and vaginal samples should be obtained first. Laboratory testing should be guided by patient symptoms and examination findings.
No specific tests are universally recommended for patients with sexual dysfunction. Attention to routine screening tests must not be overlooked. If no etiology is discovered, basic treatment strategies are applied Table 6. The patient's and partner's personal tastes and comfort must be considered.
Physicians should respect a patient's choice to decline treatment, because studies show that sexual activity is not correlated with overall sexual satisfaction or intimacy in all persons. Provide information and education e. Provide booklets, encourage reading; discuss sexual issues when a medical condition is diagnosed, a new medication is started, and during pre- and postoperative periods; give permission for sexual experimentation.
Encourage erotic or nonerotic fantasy; recommend pelvic muscle contraction and relaxation similar to Kegel exercise exercises with intercourse; recommend use of background music, videos or television. Recommend sensual massage, sensate-focus exercises sensual massage with no involvement of sexual areas, where one partner provides the massage and the receiving partner provides feedback as to what feels good; aimed to promote comfort and communication between partners ; oral or noncoital stimulation, with or without orgasm.
Superficial: female astride for control of penetration, topical lidocaine, warm baths before intercourse, biofeedback. Vaginal: same as for superficial dyspareunia but with the addition of lubricants. Deep: position changes so that force is away from pain and deep thrusts are minimized, nonsteroidal anti-inflammatory drugs before intercourse.
Stimulation of the libido: the use of erotica in sex therapy. Psych Annals ;—2. Women with disorders of desire are difficult to treat. Occasionally, decreased desire in patients is secondary to boredom with sexual routines. Suggesting changes in positions or venues, or the addition of erotic materials is helpful. Disorders of desire in premenopausal patients may be secondary to lifestyle factors e. No medical treatment is available specific to patients with disorders of desire. If no underlying medical or hormonal etiology is discovered, individual or couple counseling may be helpful.
In peri- and postmenopausal women, the relationship between hormones and sexuality is unclear. This relationship helps predict which patients are likely to respond to estrogen replacement therapy i. The role of progesterone therapy, which is necessary in estrogen-treated patients with an intact uterus, has not been widely studied in terms of sexuality, but one study 24 suggests that it exhibits a negative impact by dampening mood and decreasing available androgens. The addition of estrogen for several weeks before progesterone therapy is initiated, or taking into account monthly symptom calendars, will help determine each hormone's influence and guide dosage and schedule adjustments.
Testosterone appears to have a direct role in sexual desire. Many physicians are concerned about the lack of safety data on the role of testosterone in breast cancer and on hepatic side effects; however, hepatocellular damage or carcinoma is rare at prescribed dosages, 26 and the development of breast cancer has not been reported clinically. The side effects of testosterone, which occur in 5 to 35 percent of patients, include lower levels of high-density lipoprotein, acne, hirsutism, clitorimegaly and voice deepening. A role for testosterone treatment exists in selected patients Table 7.
Coadministration with estrogen therapy should be provided to prevent deleterious effects on lipoprotein levels. Before initiating testosterone treatment, physicians should discuss the potential and theoretic risks, and individual risk and benefit assessments with the patient. In general, patients with current or previous breast cancer, uncontrolled hyperlipidemia, liver disease, acne or hirsutism should not receive testosterone therapy. Testosterone proprionate 2 percent in petroleum applied daily to every other day. Food and Drug Administration for treatment of desire disorders.
Current treatment of patients with arousal disorders is limited to the use of commercial lubricants, although vitamin E and mineral oils are also options. Arousal disorders may be secondary to inadequate stimulation, especially in older women who require more stimulation to reach a level of arousal that was more easily attained at a younger age. Encouraging adequate foreplay or the use of vibrators to increase stimulation may be helpful.
Taking a warm bath before intercourse may also increase arousal. Anxiety may inhibit arousal, and strategies to alleviate anxiety by employing distraction techniques are helpful. Urogenital atrophy is the most common cause of arousal disorders in postmenopausal women, and estrogen replacement, when appropriate, is usually effective therapy. However, women taking systemic estrogens occasionally require supplementation with local therapy.
Long-term use of estrogen-containing vaginal creams is considered an unopposed-estrogen treatment in women with an intact uterus, requiring progesterone opposition. An oral progesterone such as medroxyprogesterone 5 mg daily for 10 days every one to three months or equivalent may be used initially, with frequency or dosage increased if withdrawal bleeding occurs.
Estring an estradiol-containing vaginal ring has little systemic absorption and does not require the addition of progesterone. Patients who are uncomfortable wearing the ring during the day often achieve relief with night use only. Premenopausal women with arousal disorders, women who do not respond to estrogen therapy and women who are unable or unwilling to take estrogen represent difficult patient groups because few treatment options are available. Investigators recognize that small-vessel atherosclerotic disease of the vagina and clitoris may contribute to arousal disorders and are exploring vasoactive medications as treatment.
Currently, treatment of arousal disorder in women who are taking these medications, including sildenafil Viagra , is not recommended, although anecdotal success has been reported. Anorgasmia is quite responsive to therapy. This condition is caused by sexual inexperience or the lack of sufficient stimulation and is common in women who have never experienced orgasm. Treatment relies on maximizing stimulation and minimizing inhibition.
The latter is similar to Kegel exercises Table 8. Women who do not respond to therapy should be referred to an appropriate therapist. Advise repetitions during routine activities standing in line, at stop lights, etc. Dyspareunia can be divided into three types of pain: superficial, vaginal and deep Table 6. Superficial dyspareunia occurs with attempted penetration, usually secondary to anatomic or irritative conditions, or vaginismus.
Vaginal dyspareunia is pain related to friction i. Deep dyspareunia is pain related to thrusting, often associated with pelvic disease or relaxation. Diagnosis of an underlying etiology should be aggressively sought, even if surgical investigation laparoscopy is required. The physical examination must include meticulous detail, with the physician's focus on recreating the pain.
Treatment of the underlying etiology is fundamental, but as in long-term pain disorders, counseling and pain control strategies are essential. General recommendations for improved sexual function are discussed in Table 6 and are similar despite sexual orientation. Vaginismus, the involuntary contraction of the muscles of the outer one third of the vagina, is often related to sexual phobias or past abuse or trauma.
Therapy for and counseling of women with vaginismus can be initiated and often successfully completed by primary care physicians. Treatment of women with vaginismus consists of progressive muscle relaxation and vaginal dilatation actually a misnomer because the vagina is not physically stretched. Progressive muscle relaxation can be taught during an instructional examination by having the patient alternate contracting and relaxing the pelvic muscles around the examiner's finger.
Simple trespass of railroad property: Infraction. Arson in the first degree: Class A felony. Arson in the second degree: Class B felony.
Arson in the third degree: Class C felony. Criminal mischief in the first degree: Class D felony. Criminal mischief in the second degree: Class A misdemeanor. Criminal mischief in the third degree: Class B misdemeanor. Criminal mischief in the fourth degree: Class C misdemeanor. Criminal damage of a landlord's property in the first degree: Class D felony. Criminal damage of a landlord's property in the second degree: Class A misdemeanor. Criminal damage of a landlord's property in the third degree: Class B misdemeanor.
Damage to railroad property in the first degree: Class D felony. Damage to railroad property in the second degree: Class A misdemeanor. Damage to railroad property in the third degree: Class B misdemeanor. Shoplifting and library theft; detention, questioning, presumption of crime.
Using motor vehicle or vessel without owner's permission. Interfering or tampering with a motor vehicle. First offense: Class A misdemeanor. Subsequent offense: Class D felony. Theft of services; service and credit card defined. Larceny in the first degree: Class B felony. Larceny in the second degree: Class C felony. Larceny in the third degree: Class D felony. Larceny in the fourth degree: Class A misdemeanor. Larceny in the fifth degree: Class B misdemeanor. Larceny in the sixth degree: Class C misdemeanor. Telephone fraud in the first degree: Class B felony. Telephone fraud in the second degree: Class C felony.
Telephone fraud in the third degree: Class D felony. Telephone fraud in the fourth degree: Class A misdemeanor. Telephone fraud in the fifth degree: Class B misdemeanor. Telephone fraud in the sixth degree: Class C misdemeanor. Larceny by receiving stolen property. Criminal trover in the first degree: Class D felony, first offense; class C felony, subsequent offense. Criminal trover in the second degree: Class A misdemeanor. Diversion from state of benefit of labor of employees: Class A misdemeanor. Unlawful entry into coin machine; possession of key to enter: Class A misdemeanor.
Fraudulent use of an automated teller machine: Class A misdemeanor. Theft of electric, gas, water, steam, telecommunications, wireless radio communications or community antenna television service for profit or economic gain: Class D felony. Cheating: Class D felony or class B misdemeanor. Possession of a cheating device: Class D felony. Possession of a shoplifting device: Class A misdemeanor. Unlawful possession of a personal identifying information access device: Class A misdemeanor. Credit and debit card crimes. False statement to procure issuance or loading of payment card. Payment card theft.
Illegal transfer. Illegal use of payment card. Presumption of knowledge of revocation. Illegal furnishing of money, goods or services on payment card. Unlawful completion or reproduction of payment card. Receipt of money, goods or services obtained by illegal use of credit card. Misapplication of property: Class A misdemeanor. Identity theft in the first degree: Class B felony. Identity theft in the second degree: Class C felony. Identity theft in the third degree: Class D felony. Trafficking in personal identifying information: Class D felony.
Criminal impersonation: Class A misdemeanor. Impersonation of a police officer: Class D felony. Unlawfully concealing a will: Class A misdemeanor. False entry by an officer or agent of a public community: Class A misdemeanor. Robbery in the first degree: Class B felony. Robbery in the second degree: Class C felony. Robbery in the third degree: Class D felony. Robbery involving occupied motor vehicle.
Forgery in the first degree: Class C felony. Forgery in the second degree: Class D felony. Forgery in the third degree: Class B misdemeanor. Criminal simulation: Class D felony. Forgery of symbols: Class A misdemeanor. Filing a false record: Class D felony. Unlawfully using slugs: Definitions. Unlawfully using slugs in the first degree: Class B misdemeanor. Unlawfully using slugs in the second degree: Class C misdemeanor. Failure to report bribery: Class A misdemeanor.
Bribery of a witness: Class C felony. Bribe receiving by a witness: Class C felony. Tampering with a witness: Class C felony. Intimidating a witness: Class B felony. Bribe receiving by a juror: Class C felony. Tampering with a juror: Class D felony. Tampering with or fabricating physical evidence: Class D felony.
False statement on a certified payroll: Class D felony. Formerly Sec. False statement: Class A misdemeanor. Bribery of a labor official: Class D felony. Bribe receiving by a labor official: Class D felony. Receiving a commercial bribe: Class D felony. Disclosure of bid or proposal: Class A misdemeanor.
Receiving kickbacks: Class D felony. Paying a kickback: Class D felony. Soliciting or accepting benefit for rigging: Class A misdemeanor. Participation in a rigged contest: Class A misdemeanor. Hindering prosecution in the first degree: Class C felony. Hindering prosecution in the second degree: Class C felony. Hindering prosecution in the third degree: Class D felony. Interfering with an officer: Class A misdemeanor or class D felony. Failure to assist a peace officer, special policeman, motor vehicle inspector or firefighter: Class A misdemeanor.
Assault of public safety, emergency medical, public transit or health care personnel: Class C felony. Assault of a prosecutor: Class C felony. Aggravated assault of a public transit employee: Class C felony. Escape in the first degree: Class C felony. Escape in the second degree: Class D felony. Escape from custody: Class C felony or class A misdemeanor.
Aiding escape from hospital or sanatorium: Class A misdemeanor. Failure to appear in the first degree: Class D felony. Failure to appear in the second degree: Class A misdemeanor. Unauthorized conveyance of items into correctional or humane institution or to inmate: Class D felony.
Unauthorized conveyance of letter into or from, or use of false name to enter, correctional institution: Class A misdemeanor. Possession of weapon or dangerous instrument in correctional institution: Class B felony. Conveyance or use of electronic wireless communication device in correctional institution: Class A misdemeanor.
Riot in the first degree: Class A misdemeanor. Riot in the second degree: Class B misdemeanor. Unlawful assembly: Class B misdemeanor. Inciting to riot: Class A misdemeanor.
Offend, then repeat
Inciting injury to persons or property: Class C felony. Rioting at correctional institution: Class B felony. Inciting to riot at correctional institution: Class C felony. Falsely reporting an incident in the first degree: Class D felony. Falsely reporting an incident resulting in serious physical injury or death: Class C felony. Falsely reporting an incident concerning serious physical injury or death: Class D felony. Falsely reporting an incident in the second degree: Class A misdemeanor.
Misuse of the emergency system: Class B misdemeanor. Breach of the peace in the first degree: Class D felony.
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Breach of the peace in the second degree: Class B misdemeanor. Creating a public disturbance: Infraction. Intimidation based on bigotry or bias: Class D felony. Stalking in the first degree: Class D felony. Stalking in the second degree: Class A misdemeanor. Stalking in the third degree: Class B misdemeanor. Electronic stalking: Class B misdemeanor.
Intimidation based on bigotry or bias: Definitions. Intimidation based on bigotry or bias in the first degree: Class C felony. Intimidation based on bigotry or bias in the second degree: Class D felony. Intimidation based on bigotry or bias in the third degree: Class E felony. Disorderly conduct: Class C misdemeanor. Obstructing free passage: Class C misdemeanor. Harassment in the first degree: Class D felony.
Harassment in the second degree: Class C misdemeanor. Obstructing or interfering with the lawful taking of wildlife: Class C misdemeanor. Interfering with an emergency call: Class A misdemeanor. Disruption of a funeral: Class A misdemeanor. Intoxication by drug; definition, commitment, treatment, penalty. Intoxication by alcohol or drug; definition, commitment, dismissal of criminal proceedings, unclassified misdemeanor. Loitering on school grounds: Class C misdemeanor. Public indecency: Class B misdemeanor. Tampering with private communications: Class A misdemeanor. Disseminating voyeuristic material: Class D felony.
Unlawful dissemination of an intimate image: Class A misdemeanor. Coercion: Class A misdemeanor or class D felony. Trafficking in persons: Class A felony. Obscenity as to minors: Class D felony. Employing a minor in an obscene performance: Class A felony. Promoting a minor in an obscene performance: Class B felony. Importing child pornography: Class B felony. Possessing child pornography in the first degree: Class B felony.
Possessing child pornography in the second degree: Class C felony. Possessing child pornography in the third degree: Class D felony. Possessing child pornography: Affirmative defenses. Possessing or transmitting child pornography by minor: Class A misdemeanor. Commercial sexual exploitation of a minor: Class C felony. Disseminating indecent comic books: Class A misdemeanor. Failing to identify a comic book publication: Violation. Injunction against promoting any obscene material or performance. Institution of action for adjudication of obscenity. Presentation of material or evidence depicting performance.
Probable cause determination. Time for trial and decision. Possession of a sawed-off shotgun or silencer: Class D felony. Drinking while operating a motor vehicle: Class C misdemeanor. Criminal lockout: Class C misdemeanor. Criminal use of firearm or electronic defense weapon: Class D felony. Criminal possession of a firearm, ammunition or an electronic defense weapon: Class C felony. Criminally negligent storage of a firearm: Class D felony.
Possession of a weapon on school grounds: Class D felony. Criminal possession of a pistol or revolver: Class C felony. Criminal possession of body armor: Class A misdemeanor. Negligent hunting. Fines deposited in the Criminal Injuries Compensation Fund. Suspension of hunting license. Forfeiture of hunting weapon. Prima facie evidence of hunting.
Interference with a cemetery or burial ground: Class C felony. Unlawful possession or sale of gravestones: Class D felony. Interference with a memorial plaque: Class A misdemeanor. Unlawful possession, purchase or sale of a memorial plaque: Class A misdemeanor. Interference with a war or veterans' memorial or monument: Class D felony. Unlawful possession, purchase or sale of a war or veterans' memorial or monument: Class D felony.
Violation of conditions of release in the first degree: Class D or Class C felony. Violation of conditions of release in the second degree: Class A misdemeanor or Class D felony. Criminal violation of a protective order: Class D or class C felony. Criminal violation of a standing criminal protective order: Class D or class C felony. Criminal violation of a restraining order: Class D or class C felony. Criminal violation of a civil protection order: Class D felony.
Recruiting a member of a criminal gang: Class A misdemeanor. Computer crime in the first degree: Class B felony. Computer crime in the second degree: Class C felony. Computer crime in the third degree: Class D felony. Computer crime in the fourth degree: Class A misdemeanor. Computer crime in the fifth degree: Class B misdemeanor. Value of property or computer services. Computer extortion by use of ransomware: Class E felony. Money laundering in the first degree: Class B felony. Money laundering in the second degree: Class C felony.
Money laundering in the third degree: Class D felony. Money laundering in the fourth degree: Class A misdemeanor. Vendor fraud in the first degree: Class B felony. Vendor fraud in the second degree: Class C felony. Vendor fraud in the third degree: Class D felony. Vendor fraud in the fourth degree: Class A misdemeanor.
Vendor fraud in the fifth degree: Class B misdemeanor. Vendor fraud in the sixth degree: Class C misdemeanor. Act of terrorism. Enhanced sentence. Computer crime in furtherance of terrorist purposes: Class B felony. Criminal misrepresentation: Class C felony.
Contaminating a public water supply or food supply for terrorist purposes: Class C felony. Damage to public transportation property for terrorist purposes: Class C felony. Abuse in the first degree: Class C felony. Abuse in the second degree: Class D felony. Abuse in the third degree: Class A misdemeanor. Conviction of a violation shall not give rise to any disability or legal disadvantage based on conviction of a criminal offense.
Said provisions shall apply to convictions under section 21a except that the execution of any mandatory minimum sentence imposed under the provisions of said section may not be suspended. History: act added provision in Subsec. Defendant charged with an infraction has no constitutional right to a jury trial because such right applies only to criminal prosecutions, and an infraction is not a crime pursuant to section.
Classification by legislature of infractions as noncriminal acts payable by fine operates as a presumption that infractions do not constitute criminal offenses for purposes of double jeopardy analysis, albeit one that is rebuttable by clear proof to the contrary. History: P. Police officer may arrest without previous complaint or warrant any person who he has reasonable grounds to believe has committed or is committing a felony.
Violation: Definition, designation. Any offense defined in any other section which is not expressly designated a violation or infraction shall be deemed a violation if, notwithstanding any other express designation, it is within the definition set forth in subsection a. Court properly considered evidence of defendant's criminal history in its determination to revoke defendant's probation.
In determining the appropriate terms of financial restitution, the court shall consider: A The financial resources of the offender and the burden restitution will place on other obligations of the offender; B the offender's ability to pay based on installments or other conditions; C the rehabilitative effect on the offender of the payment of restitution and the method of payment; and D other circumstances, including the financial burden and impact on the victim, that the court determines make the terms of restitution appropriate.
If the court determines that the current financial resources of the offender or the offender's current ability to pay based on installments or other conditions are such that no appropriate terms of restitution can be determined, the court may forego setting such terms. The court shall articulate its findings on the record with respect to each of the factors set forth in subparagraphs A to D , inclusive, of this subsection.
Restitution ordered by the court pursuant to this subsection shall be based on easily ascertainable damages for injury or loss of property, actual expenses incurred for treatment for injury to persons and lost wages resulting from injury. Restitution shall not include reimbursement for damages for mental anguish, pain and suffering or other intangible losses, but may include the costs of counseling reasonably related to the offense.
Restitution ordered by the court pursuant to this subsection shall be imposed or directed by a written order of the court on a form prescribed by the Chief Court Administrator containing the amount of damages for injury or loss of property, actual expenses incurred for treatment for injury to persons and lost wages resulting from injury as ascertained by the court. The order of the court shall direct that a certified copy of the completed form containing the written order be delivered by certified mail to each victim and contain an advisement to the victim that the order is enforceable as a judgment in a civil action as provided in section 53aa.
The court shall retain the original of each form containing a written order of restitution as part of such offender's court record. If the court determines that community service is appropriate, such community service may be implemented by a community court established in accordance with section c if the offense or violation occurred within the jurisdiction of a community court established by said section.
History: act added exception re Ch. A , B , C and D , replace in Subpara. A to D , require restitution ordered by the court to be imposed or directed by a written order containing the amount of damages, expenses and lost wages and require a certified copy of the court order to be delivered by certified mail to the victim and to contain an advisement that the order is enforceable as provided in Sec.
Court does not have sentencing options as provided in this section where Sec. Monetary obligation re insurance for victim as a special condition of probation speculative. Person convicted under Sec. Section contains no authority for order of restitution unless it is a condition of probation or conditional discharge.
Court did not commit plain error when it did not conduct an analysis pursuant to Subsec. All financial obligations ordered pursuant to subsection c of section 53a or subsection a of section 53a may be enforced in the same manner as a judgment in a civil action by the party or entity to whom the obligation is owed. The party or entity seeking enforcement of the financial obligations as a judgment in a civil action shall file with the Superior Court a copy of the court's order of restitution ordered pursuant to section 53a or 53a together with an affidavit prepared by the agency or entity monitoring payment of the obligations, on a form prescribed by the Office of the Chief Court Administrator, attesting to the terms of restitution and manner of performance fixed by the court or the Court Support Services Division, identifying the amount of the obligation that has been paid and the amount of the obligation that is owed.
Such obligations may be enforced at any time during the twenty-year period following the offender's release from confinement or termination of probation, or not later than twenty years after the entry of the order and sentence, whichever is longer. There shall be no entry fee for filing an enforcement action pursuant to this section.
Not later than thirty days after the date of filing of the judgment and the affidavit, the party or entity seeking enforcement of such judgment shall mail notice of filing of the judgment by registered or certified mail, return receipt requested, to the offender at such offender's last-known address. The proceeds of an execution shall not be distributed to the party or entity seeking enforcement of such judgment earlier than thirty days after the date of filing proof of service with the clerk of the court in which enforcement of such judgment is sought. No fee shall be required for the filing of an execution.
The payment of marshal's fees for service of an execution shall be collected in accordance with the provisions of section The court shall impose the period of conditional discharge authorized by subsection d of this section and shall specify, in accordance with section 53a, the conditions to be complied with. When a person is sentenced to a period of probation, the court shall impose the period authorized by subsection d , e or f of this section and may impose any conditions authorized by section 53a When a person is sentenced to a period of probation, such person shall pay to the court a fee of two hundred dollars and shall be placed under the supervision of the Court Support Services Division, provided, if such person is sentenced to a term of imprisonment the execution of which is not suspended entirely, payment of such fee shall not be required until such person is released from confinement and begins the period of probation supervision.
The probation officer shall recommend, in accordance with guidelines developed by the Judicial Branch, whether such person's sentence of probation should be continued for the duration of the original period of probation or be terminated. If such person is serving a period of probation concurrent with another period of probation, the probation officer shall submit a report only when such person becomes eligible for termination of the period of probation with the latest return date, at which time all of such person's probation cases shall be presented to the court for review.
Not later than sixty days after receipt of such report, the sentencing court shall continue the sentence of probation or terminate the sentence of probation. Notwithstanding the provisions of section 53a, the parties may agree to waive the requirement of a court hearing. The Court Support Services Division shall establish within its policy and procedures a requirement that any victim be notified whenever a person's sentence of probation may be terminated pursuant to this subsection.
The sentencing court shall permit such victim to appear before the sentencing court for the purpose of making a statement for the record concerning whether such person's sentence of probation should be terminated.