Title 11 CRIMES AND OFFENSES

Size: px

Start display at page:

Download "Title 11 CRIMES AND OFFENSES"

Emma Hubbard
5 years ago
Views:

1 Title 11 CRIMES AND OFFENSES Chapter 3: CRIMES AGAINST PUBLIC DECENCY : GAMBLING : CONTROLLED SUBSTANCES POSSESSION AND USE : DRUG PARAPHERNALIA : ANNOYING, OBSCENE, THREATENING ELECTRONIC COMMUNICATIONS AND COMMUNICATIONS TO REPORT A CRIME, EMERGENCY OR NEED FOR ASSISTANCE : PRIVACY INVASION : PROSTITUTION : PUBLIC INDECENCY 1

2 Title 11 CRIMES AND OFFENSES Chapter 3 CRIMES AGAINST PUBLIC DECENCY : GAMBLING: A. For purposes of this section the definitions found in Wyoming Statutes , as amended, shall apply. B. A person who engages in gambling, other than legal or authorized types of gaming, commits a misdemeanor. C. A person who shall knowingly permit gambling in or upon the premises owned, managed or controlled by him, commits a misdemeanor. D. It shall be the duty of the police to seize any game, device, cards, tools and implements or other article or things designed for the purpose of gambling, employed or used by or in the possession of parties arrested for gambling, and, upon conviction of the parties so arrested, and upon order of a court of competent jurisdiction, and destroy said games, devices, cards, tools, implements or articles. (Ord ) : CONTROLLED SUBSTANCES POSSESSION AND USE: A. It shall be a misdemeanor for any person to knowingly and intentionally possess, use or be under the influence of a controlled substance listed in Schedule I of W.S , Schedule II of W.S or Schedule III of W.S , unless lawfully authorized to do so. B. It shall be a misdemeanor for a person who shall be owner or occupant or in control of any building, place or premises, to knowingly and intentionally permit, on such premises, any controlled substance as described in Section A, unless lawfully authorized to do so. (Ord ) : DRUG PARAPHERNALIA A. It shall be a misdemeanor for any person to possess, use, manufacture, sell, deliver or advertise for sale any item of drug paraphernalia. B. "Drug Paraphernalia" defined. The term "drug paraphernalia," as used in this section, means all equipment, products and materials of any kind which are used, intended for use or designated for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance as defined by the Wyoming Controlled Substances Act of 1971 (Wyoming Statutes, 1977, sections to , as amended), hereinafter referred to as the "act." Such act by this reference is hereby incorporated herein as if fully set forth. "Drug paraphernalia" includes, but is not limited to: 2

3 1. Kits used, intended for use or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived. 2. Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances. 3. Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance. 4. Testing equipment used, intended for use or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances. 5. Scales and balances used, intended for use or designed for use in weighing or measuring controlled substances. 6. Dilutents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use or designed for use in cutting controlled substances. 7. Separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana. 8. Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding controlled substances. 9. Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances. 10. Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances. 11. Hypodermic syringes, needles and other objects used, intended for use or designed for use in parenterally injecting controlled substances into the human body. 12. Objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as: a. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes, with or without screens, permanent screens, hashish heads or punctured metal bowls. b. Water pipes. c. Carburetion tubes and devices. d. Smoking and carburetion masks. e. Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand. f. Miniature cocaine spoons and cocaine vials. 3

4 g. Chamber pipes. h. Carburetor pipes. i. Electric pipes. j. Air driven pipes. k. Chillums. l. Bongs. m. Ice pipes or chillers. C. Determination. In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following: 1. Statements by an owner or by anyone in control of the object concerning its use. 2. Prior convictions, if any, of an owner or of anyone in control of the object, under any state or federal law relating to any controlled substance. 3. The proximity of the object, in time and space, to a direct violation of the act. 4. The proximity of the object to controlled substances. 5. The existence of any residue of controlled substances on the object. 6. Direct or circumstantial evidence of the intent of the owner, or of anyone in control of the object, to deliver it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of the act. The innocence of an owner, or of anyone in control of the object, as to a direct violation of the act shall not prevent a finding that the object is intended for use or designed for use as drug paraphernalia. 7. Instructions, oral or written, provided with the object concerning its use. 8. Descriptive materials accompanying the object which explain or depict its use. 9. National and local advertising concerning its use. 10. The manner in which the object is displayed for sale. 11. Whether the owner or anyone in control of the object is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products. 12. Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise. 13. The existence and scope of legitimate uses for the object in the community. 14. Expert testimony concerning its use. 4

5 D. Possession. It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia as defined in this section, to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of the act. Any person who violates this subsection is guilty of a crime and, upon conviction, may be imprisoned for not more than six months or fined not more than seven hundred fifty dollars. E. Manufacture or delivery. It is unlawful for any person to deliver, possess with intent to deliver or manufacture with intent to deliver drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of the act. Any person who violates this subsection is guilty of a crime and, upon conviction, may be imprisoned for not more than six months or fined not more than seven hundred fifty dollars. F. Advertisement. It is unlawful for any person to place in any newspaper, magazine, handbill or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia. Any person who violates this subsection is guilty of a crime and, upon conviction, may be imprisoned for not more than six months or fined not more than seven hundred fifty dollars. G. Civil forfeiture and seizures Property subject to forfeiture. The following are subject to forfeiture: All drug paraphernalia as defined by this section. H. Civil forfeiture and seizures Seizure of property subject to forfeiture. Property subject to forfeiture under Subsection G of this section may be seized by any law enforcement officer of the state upon process issued by any court having jurisdiction over the property. Seizure without process may be made if: 1. The seizure is incident to an arrest or a search warrant. 2. The property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceedings based upon the act. I. Civil forfeiture and seizures Prompt institution of proceedings. In the event of seizure pursuant to Subsection H of this section, proceedings under Subsection J of this section shall be instituted promptly. J. Civil forfeiture and seizures Seized property not repleviable; sealing or removal of seized property. Property taken or detained under this section shall not be subject to replevin but is deemed to be in the custody of the City, subject only to the orders and decrees of the court having jurisdiction over the forfeiture proceedings. When property is seized under this section, the law enforcement officer may: 1. Place the property under seal; 2. Remove the property to a place designated by him; or 5

6 3. Remove it to an appropriate location for disposition in accordance with law. K. Civil forfeiture and seizures Disposition of forfeited property. When property is forfeited under this section, the law enforcement officer may: 1. Retain it for official use, in which case it shall become the property of the City; 2. Sell any such property which is not required to be destroyed by law and which is not harmful to the public. The proceeds shall be used for payment of all proper expenses of the proceedings for forfeiture and sale, including expenses of seizure, maintenance of custody, advertising and court costs; 3. Remove it for disposition in accordance with law; or 4. Transfer ownership and control of the property to the state or any political subdivision of the state for its official use. L. Severability. If any provision of this section or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are severable. (Ord ) : ANNOYING, OBSCENE, THREATENING ELECTRONIC COMMUNICATIONS AND COMMUNICATIONS TO REPORT A CRIME, EMERGENCY OR NEED FOR ASSISTANCE: A. A person commits a misdemeanor if he telephones another and uses obscene, lewd or profane language or suggests a lewd or lascivious act with intent to terrify, intimidate, threaten, harass, annoy or offend. B. A person commits a misdemeanor if: 1. By repeated anonymous telephone calls, he disturbs the peace, quiet or privacy of persons where the calls were received; or 2. He telephones another and threatens to inflict injury or physical harm to the person or property of any person. C. A crime under this section is committed at the place where the calls were either originated or were received. (Ord ) : PRIVACY INVASION: It shall be a misdemeanor for any persons to invade, or attempt to invade, the privacy of another person by resorting to peeping, which is hereby defined as the stealthy, clandestine or surreptitious visual invasion, or attempted audio or visual invasion, of a person s privacy. Peeping may be achieved by use of any type of video recording equipment, photography equipment or audio recording equipment. (Ord ) 6

7 11-3-6: PROSTITUTION: A. A person who knowingly or intentionally performs or permits, or offers or agrees to perform or permit an act of sexual intrusion, as defined by Wyoming Statute (a)(vii), for money, property or other thing of value commits prostitution which is a misdemeanor. B. A person who knowingly or intentionally pays, or offers or agrees to pay, money or other property to another person for having engaged in, or on the understanding that the other person will engage in, an act of sexual intrusion, as defined by Wyoming Statute (a)(vii), with the person or with any other person commits patronizing a prostitute which is a misdemeanor. (Ord ) : PUBLIC INDECENCY: A. It shall be a misdemeanor for a person to engage in nudity or indecency in a public place where he may reasonably be expected to be viewed by others. B. For purposes of this section: Nudity. Means exposing the external genitalia, perineum, anus or pubes of any person; or the areola or majority of the female breast. (Ord ) 7

Charter Township of Orion

Charter Township of Orion Ordinance No. 124 Adopted January 3, 2000 Ordinances of the Charter Township of Orion Ord. 124-1 AN ORDINANCE REGULATING THE POSSESSION, MANUFACTURE, SALE, DELIVERY AND ADVERTISEMENT