1. Crimes Against Public Morals
Chapter 12
Crimes Against Public Morals
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2. OBSCENITY
Obscene material is any work—when applying contemporary community standards—that appeals to prurient interests, depicts or describes sexual conduct in a patently offensive way, and lacks serious literary, artistic, political, or scientific value. The crime of obscenity punishes the sale, possession, or distribution of obscene material.
Mens rea: Defendant must intend to sale, possess, or distribute obscene material.
Actus reus: The actual sale, possession, or distribution of the obscene material.
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3. CHILD PORNOGRAPHY
Even though an image may not be considered obscene if it was of an adult, it is child pornography if the image necessarily harms a child.
Court limits images to real children, not virtual images.
Sufficiency of evidence is not the “bright line” test, but on the record as a whole.
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4. OBSCENITY vs. PORNOGRAPHY
Obscenity and pornography are often used interchangeably; but, the law views them very differently.
Obscene Material: Is sexual material that falls outside the protections of the First Amendment and its sale, possession, and distribution may be punished as a crime.
Pornography: Is sexual material protected by the First Amendment, and its sale, possession, and distribution may not be punished as a crime.
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5. PROSTITUTION
The world’s oldest profession, prostitution is quite simply the exchange of sex for money or property (commercial gain). Either soliciting or engaging in prostitution is a crime.
Mens rea: The intent to either solicit or engage in sexual activity for money or property (commercial gain).
Actus reus: Either the actual solicitation (for “The John”) or the actual sexual activity (for the prostitute).
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6. PROSTITUTION & HIV/AIDS
While a crime, prostitution is pretty much a low level misdemeanor. Historically, rarely has anyone spent any length of time in jail for this crime. But, in the last two decades, the rise of HIV/AIDS in prostitutes has brought renewed attention to this crime. All states now have laws dealing with prostitutes who engage in prostitution knowing they are HIV+. Prostitution with HIV is generally a felony punishable by one to five years in prison.
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7. GAMES OF CHANCE
Games of chance, gaming, or simply gambling, is a crime that is supported and enjoyed by a very large segment of the American population. Gambling crimes are numerous, but they may be summed-up as “staking or risking something of value upon the outcome of a game, which is based upon an element of chance.”
Mens rea: The intent to either stake or take something of value, based upon the outcome of a game of chance.
Actus reus: Either the actual staking or the taking of the item of value.
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8. GAMES OF CHANCE—Special Issues I
While all states and the federal government have gambling crimes, the popularity of gambling as a form of entertainment means most states allow some form of legalized gambling. Be it casino gambling, slot-machines, lotteries, horse racing, or even dog racing, “games of chance” are being legalized at an ever growing rate. In addition to bowing to the will of the people, government regulated “games of chance” also have the benefit of raising substantial public revenues.
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9. GAMES OF CHANCE—Special Issues II
While most gambling activities are regulated by state laws, the federal government has recently increased its attempts to control two specific types of gambling.
Internet Gambling: Most of the online “gaming sites” are located on computers offshore or in other countries, but since the gambling (transfer of money) crosses state/national borders, the federal government has exclusive jurisdiction of this type of gambling.
Collegiate Gambling: The only place where it is legal to wager on college sports is in Nevada. Collegiate gambling, however, is a multi-billion dollar business, spread across the entire United States. Due to its detrimental impact on both the integrity of amateur sporting contests and on the student-athletes involved, the federal government has been stepping-up its fight against illegal collegiate gambling.
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10. PUBLIC CORRUPTION
Extortion and bribery are the traditional crimes of public corruption. Already covered in chapter nine, these public corruption crimes generally involve the attempt to extract money or property from another, by the misuse of public office.
Bribery: Doing, or not doing, an act within the scope of the public official’s duties.
Extortion: Involves the illegal payment for doing a lawful act within the scope of the public official’s duties.
Under color of law: action taken and made possible only because the wrongdoer is clothed in the authority of law.
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11. Public Order, Morality and the Administration of Government

12. ARTICLE 26. DISORDERLY CONDUCT (720 ILCS 5/26‑1) (from Ch. 38, par

13. ARTICLE 25. MOB ACTION AND RELATED OFFENSES (720 ILCS 5/25‑1) (from Ch
ARTICLE 25. MOB ACTION AND RELATED OFFENSES     (720 ILCS 5/25‑1) (from Ch. 38, par. 25‑1)

14. Unlawful Assembly

15. (720 ILCS 5/12‑5) (from Ch. 38, par. 12‑5) Sec. 12‑5. Reckless conduct
(720 ILCS 5/12‑5) (from Ch. 38, par. 12‑5)     Sec. 12‑5. Reckless conduct.     (a) A person who causes bodily harm to or endangers the bodily safety of an individual by any means, commits reckless conduct if he or she performs recklessly the acts that cause the harm or endanger safety, whether they otherwise are lawful or unlawful.     (a‑5) A person who causes great bodily harm or permanent disability or disfigurement by any means, commits reckless conduct if he or she performs recklessly the acts that cause the harm, whether they otherwise are lawful or unlawful.     (b) Sentence.     Reckless conduct under subsection (a) is a Class A misdemeanor. Reckless conduct under subsection (a‑5) is a Class 4 felony.

16. Vagrancy

17. (720 ILCS 5/26‑5) Sec. 26‑5. Dog fighting.

18. Prostitution

19. Public Indecency

20. Sodomy

21. Fornication

22. Adultery

23. Pornography and Obscenity

24. Griswold v. Connecticut and The Right to Privacy

25. Narcotics and Alcohol Offenses
Chapter 13
Narcotics and Alcohol Offenses
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26. NARCOTIC OFFENSES & DRUG PROBLEMS
Narcotic offenses are not new to society, but in the last three decades the drug problem has become a major part of the federal, state, and local war on crime. Consider the following statistics:
More than half of all persons arrested for a crime will test positive for at least one banned drug.
More than half of all probationers have a drug abuse problem.
Drug abusers have a higher recidivism rate than other offenders.
There is a scientifically proven link between drug use and violent crimes.
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27. TYPES OF DRUGS
There are numerous types of drugs. While they all function differently, for the drug user they all share one commonality: they change the way the user feels.
Central Nervous System Stimulants: Increase the functioning of the central nervous system. These drugs generally produce euphoria, excitement, and restlessness.
Central Nervous System Depressants: Decrease the functioning of the central nervous system. These drugs tend to produce euphoria, inhibition, and impairments of mental and physical skills.
Hallucinogens: Interact with the cerebral cortex to produce sensory hallucinations.
Narcotic Analgesics: Depress the central nervous system to relieve pain, without producing the loss of consciousness.
Cannabis: Probably the most popular illegal recreational drug, cannabis sativa also effects the cerebral cortex and produces a euphoric high.
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28. POSSESSION & POSSESSION FOR SALE
Be it for personal use or for sale, the unlawful possession—or exercising control over—a controlled substance is a crime. Possession for sale generally has a harsher punishment than simple possession.
Mens rea: Defendant must either intend to possess or possess with the intent to sale a controlled substance.
Actus reus: Defendant must unlawfully possess a usable form of the controlled substance. Where the charge is possession for sale, the usable amount must be in excess of what is normally consumed by a single individual.
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29. POSSESSION—Special Issues
The mere presence of a person where a controlled substance is present is insufficient to establish the intent to posses the controlled substance. Instead, it must be proven the person had knowledge of the controlled substance and intended to possess it. Courts will look to the following factors indicating possession:
Incriminating statements linking the defendant to the drugs.
Defendant’s incriminating or suspicious behavior.
Defendant’s drug history.
Defendant’s proximity to the drugs at the time of arrest.
Defendant’s exclusive control over the area where the drugs were found.
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30. SALE OF A CONTROLLED SUBSTANCE
Just because a person does not have possession, they are not immune from prosecution if they intend to sale a controlled substance.
Mens rea: Defendant must intend to sale or transfer possession of a known controlled substance.
Actus reus: The act of unlawfully selling or transferring possession of a controlled substance.
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31. MEDICAL MARIJUANA LAWS
As of 2008, twelve states permit the use of medical marijuana.
California and Washington enacted the first of their kind in 1996.
None of the state laws require employers to allow patients to smoke marijuana on the job.
Use of marijuana is still prohibited at the federal level.
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32. Drugs

33. Drug Arrests 81.7% of Drug Abuse Arrests are for Possession
19.3% for Sale or Manufacture
39.2% for Marijuana
22% for Cocaine of Heroin
68.5% of Jail Inmates report Substance Dependence or Abuse
31.5% are not telling the truth about their Substance Dependence or Abuse

34. $12.5 Billion was Budgeted by the Federal Government to Control Drugs in 2006

36. Marijuana Arrests For Year 2006
89% of 2006 Marijuana Arrests were for possession.
TEENS SAY BUYING DOPE IS EASY

37. (720 ILCS 550/4) (from Ch. 56 1/2, par. 704) Sec. 4
(720 ILCS 550/4) (from Ch. 56 1/2, par. 704)     Sec. 4. It is unlawful for any person knowingly to possess cannabis. Any person who violates this section with respect to:     (a) not more than 2.5 grams of any substance containing cannabis is guilty of a Class C misdemeanor;     (b) more than 2.5 grams but not more than 10 grams of any substance containing cannabis is guilty of a Class B misdemeanor;     (c) more than 10 grams but not more than 30 grams of any substance containing cannabis is guilty of a Class A misdemeanor

38. (720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)     (Text of Section from P.A. 94‑324)     Sec Except as otherwise authorized by this Act, it is unlawful for any person knowingly to possess a controlled or counterfeit substance or controlled substance analog.

39. ALCOHOL OFFENSES & PROBLEMS
Once looked upon as “victimless” crimes, the rise in deaths from drivers operating motor vehicles while intoxicated has elevated the public’s awareness and contempt for “drunk driving” and alcohol-related offenses. Every year over one million drivers are arrested for driving under the influence. How many do you think are not caught?
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40. PUBLIC DRUNKENNESS
Among the oldest of America’s public nuisance offenses, we have come to accept public drunkenness as a disease. Inasmuch, in order to treat instead of punish, some jurisdictions do not classify public drunkenness as a criminal offense. The vast majority, however, still do.
Mens rea: A malum prohibitum offense, there is no element of intent necessary. Public drunkenness is made unlawful by statute, for the public welfare.
Actus reus: The act of being intoxicated in a public place, to the degree that one is unable to care for oneself.
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41. DRIVING UNDER THE INFLUENCE
Every jurisdiction in America prohibits driving a motor vehicle while under the influence of alcohol or drugs. Of such a concern, some jurisdictions even prohibit operating bicycles, lawnmowers, and even animals while under the influence.
Mens rea: Defendant must intend to drive or operate a motor vehicle while voluntarily under the influence of alcohol or drugs.
Actus reus: The driving or operation of the motor vehicle upon a public street or highway.
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42. BLOOD ALCOHOL LEVEL
Driving under the influence does not require the same degree of drunkenness as the crime of public drunkenness. Driving under the influence statutes generally only require an impairment of motor vehicle skills. The most common method of proving such an impairment is through the defendant’s blood alcohol level (BAL). A medical term, BAL translates into the ability or fitness to operate a motor vehicle based upon several broad categories, or zones, of impairment. Most states presume alcohol influence at a BAL level of .08 to .10.
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43. BLOOD ALCOHOL LEVEL—Effects
.02 to .04: Pleasant feelings. A sense of warmth and well being. Very relaxed and happy. Only a slight impairment of motor skills.
.06 to .08: Lowered impairment, impaired judgment, and definite muscle coordination impairment. Slower reaction times.
.10 and greater: Clear deterioration of coordination and reaction time. Noticeable depression of motor and sensory skills. Possible loss of consciousness.
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44. Chapter 14 Special Crimes
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45. SPECIAL CRIMES & OFFENSES
Often overlooked in the study of criminal law are those crimes that involve children, the elderly, and spouses. Traditionally, criminal acts against these groups are lumped into the crimes we have already discussed; but recently, more jurisdictions have been protecting the aforementioned groups by designating special punishments for offenses committed against children, the elderly, and spouses.
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46. CHILD ABUSE—Physical Abuse
Physical child abuse may be defined as any act that results in the non-accidental physical injury by a person who has care, custody, or control of a child.
Act Must Be Intentional: An accidental injury does not qualify as abuse. Children have accidents and get hurt all the time, that’s the nature of life.
Physical Injury: The act must result in a physical injury that can be proved or documented. Yelling, emotional pain, or simple spanking does not qualify as an injury for the purposes of child abuse.
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47. CHILD ABUSE—Child Neglect
Child neglect is the negligent treatment or maltreatment of a child by a parent or caretaker under circumstances indicating harm or threatened harm to the child’s health or welfare.
Physical or Emotional Harm: Child neglect covers much more than physical abuse, emotional harm dangerous to a child’s health or welfare is also covered.
Act or Omission: Child neglect requires an injury or harm resulting from an act or omission. The act or omission must be more than momentary, but less than gross.
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48. CHILD ABUSE—Sexual Abuse
Child sexual abuse is: 1) sexual activity with children; or 2) the sexual exploitation of children. Child sexual abuse includes rape, but is not limited to just rape.
Intra-familial Sexual Abuse: Includes incest and refers to any type of exploitative sexual contact occurring between relatives.
Extra-familial Sexual Abuse: Refers to exploitative sexual contact with non-familial perpetrators who may be either known or unknown to the child.
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49. ELDER ABUSE
With a quickly growing population of those aged 65 or older, the mistreatment of the elderly has garnished much attention. Elder abuse is generally divided into five categories:
Physical Abuse: Includes the infliction of physical pain or injury, physical coercion, sexual molestation, or physical restraint.
Psychological Abuse: Includes the infliction of mental anguish.
Material Abuse: Includes the illegal or improper exploitation and/or use of funds or resources.
Active Neglect: Includes the refusal or failure to undertake a caretaking obligation.
Passive Neglect: Includes the refusal or failure to fulfill a caretaking obligation.
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50. ELDER ABUSE—Sexual Assault and Violent Crimes
Elders are among the least likely to be raped or physically injured during the commission of violent crimes; but, when they are injured, their age and frailty tend to make their injuries much more serious.
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51. ELDER ABUSE—Fraud & Burglary
1) Fraud: The elderly are targeted for crimes involving finances more than any other victim population. A lifetime of savings combined with the ownership of a home makes for a tempting target.
2) Burglary: As the elderly grow older, their homes become the center of their universe. Once their home has been invaded, they may never feel safe again. Burglary is often the most injurious crime an elder may face.
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52. SPOUSAL ABUSE
Spousal abuse is any intentional act or series of acts that cause injury to a spouse. Spousal abuse is gender neutral and may occur to a male or female. Additionally, this abuse applies to those who are married, cohabitating, involved in a serious relationship, or who are separated and living apart.
Physical Abuse: Includes acts of striking, throwing or destruction of property, control or choking acts, repeated beatings, and humiliation violence.
Sexual Abuse: Includes sexual acts the humiliate or degrade, violence during sexual acts, and sex after a physical altercation.
Emotional Abuse: Includes verbal dominance, isolation, guilt, fear, humiliation, and financial dependence.
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