offense

A felony or misdemeanor; a breach of the criminal laws; violation of law for which penalty is prescribed. The word "offense," while sometimes used in various senses, generally implies a felony or a misdemeanor infringing public as distinguished from mere private rights, and punishable under the criminal laws, though it may also include the violation of a criminal statute for which the remedy is merely a civil suit to recover the penalty. An act clearly prohibited by the lawful authority of the state, providing notice through published laws. State v. Sykes, Fla., 434 So.2d 325, 328.

Criminal offenses may be classified into general categories as felonies (felony) and misdemeanors (misdemeanor) and as offenses against the person (e.g. murder, manslaughter), against habitation and occupancy (e.g. burglary, arson), against property (e.g. larceny), against morality and decency (e.g. adultery), against public peace, against government (e.g. treason).

See e.g. 18 U.S.C.A. No. 1. Also, for sentencing purposes, offenses may be classified by letter grades, as e.g. class A, B, C, etc. felonies or misdemeanors.

See e.g. 18 U.S.C.A. No. 3559.

See also anticipatory offense

- civil offense

- crime

- degrees of crime

- delict

- felony

- graded offense

- included offense

- index offenses

- joint offense

- lesser included offense

- misdemeanor

- multiple offenses

- petty offense

- same offense

- tort

- offensive.

@ continuing offense

A transaction or a series of acts set on foot by a single impulse, and operated by an unintermittent force, no matter how long a time it may occupy. conspiracy is an example of a continuing offense.

See e.g. 18 U.S.C.A. No. 3237; 21 U.S.C.A. No. 848.

+ continuing offense

Type of crime which is committed over a span of time as, for example, a conspiracy. As to period of statute of limitation, the last act Of the offense controls for commencement of the period. A "continuing offense," such that only the last act thereof within the period of the statute of limitations need be alleged in the indictment or information, is one which may consist of separate acts or a course of conduct but which arises from that singleness of thought, purpose or action which may be deemed a single impulse. U. S. v. Benton & Co., Inc., D.C.Fla., 345 F.Supp. 1101, 1103.

See also crime

- offense

@ criminal offense

Includes misdemeanors as well as felonies. It is an offense which subjects the offender to imprisonment, and/or fine.

See crime

- degrees of crime

- felony

- misdemeanor.

@

- joinder of offenses (See also joinder)

- same offense

@ second offense

One committed after conviction for a first offense. It is the previous conviction, and not the indictment, which is the basis of the charge of a second offense. People v. Boardman, 172 App.Div. 733, 159 N.Y.S. 577

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