46.1907 Classification of offenses outside this title.

Cite as [A.S.C.A. § 46.1907]

(a) Any offense defined outside this title which is declared to be a misdemeanor without specification its penalty is a class A misdemeanor.

(b) Any offense defined outside this title which is declared to be a felony without specification its penalty is a class D felony.

(c) For the purpose of applying the extended term provisions of 46.2305, and for determining the penalty for attempts and conspiracies, offenses defined outside of this title are classified as follows.

(1) If the offense is a felony:

(A) it is a class A felony if the authorized penalty includes death, life imprisonment, or imprisonment for a minimum term of 10 years or more;

(B) it is a class B felony if the term of imprisonment authorized exceeds 5 years but is less than 15 years;

(C) it is a class C felony if the maximum term of imprisonment authorized is 7 years;

(D) it is a class D felony if the maximum term if imprisonment is less than 5 years;

(2) If the offense is a misdemeanor:

(A) it is a class A misdemeanor if the authorized imprisonment exceeds 6 months in jail;

(B) it is a class B misdemeanor if the authorized imprisonment exceeds 15 days but is not more than 6 months;

(C) it is a class C misdemeanor if the authorized imprisonment is 15 days or less;

(D) it is an infraction if there is no authorized imprisonment.

History: 1979, PL 16-43 § 2.

Research Guide: MCC 557.021, 15 ASC 2.