(3) Failing to Prevent Catastrophe. A person who knowingly does an act which causes or which he knows is likely to cause an explosion, fire, flood, avalanche, collapse of building, or release of poison, radioactive material, bacteria, virus or other dangerous and difficult-to-confine force or substance, or assents to the doing of such act, is guilty of a Class A misdemeanor if he willfully fails to take reasonable measures to prevent catastrophe. (4) Catastrophe Defined. Catastrophe means serious bodily injury to ten or more people or substantial damage to ten or more separate habitations or structures, or property loss in excess of $500,000. (5) Jurisdiction. There is federal jurisdiction over an offense defined in this section under paragraphs (a), (b), (d), (e), (f), (h), (i) or (1) of section 201, or when commission of the offense causes or threatens damage to an area in two or more states or in the District of Columbia. Comment This new offense, which carries substantial penalties, and jurisdictional bases co-extensive with those for arson, is proposed to deal with widespread destruction or injury caused not only by fire or explosion but also by other dangerous and difficult-to-confine forces and substances. Cf. 18 U.S.C. § 832. The provision deals with recklessly risking as well as causing such a disaster; it thus includes reckless conduct with respect to storage or handling of highly dangerous materials. § 1705. Criminal Mischief. (1) Offense. A person is guilty of criminal mischief if he: (a) willfully tampers with tangible property of another so as to endanger person or property; (b) willfully damages tangible property of another; or (c) negligently damages tangible property of another by fire, explosives, or other dangerous means listed in section 1704(1). (2) Grading. Criminal mischief is a Class C felony if the actor intentionally causes pecuniary loss in excess of $5,000, or intentionally causes a substantial interruption or impairment of public communication, transportation, supply of water, gas, power or other public service. Criminal mischief is a Class A misdemeanor if the actor recklessly causes any such loss, interruption, impairment or damage, or if the actor intentionally causes pecuniary loss in excess of $500. Otherwise criminal mischief is a Class B misdemeanor. (3) Jurisdiction. There is federal jurisdiction over an offense defined in this section under paragraphs (a), (b), (d), (f), (i) or (1) of section 201. Comment This section is intended to provide a rational grading structure for the numerous property-damage and property-tampering provisions in existing law which are consolidated in it. See, e.g., 18 U.S.C. §§ 136164, 15 U.S.C. § 1281. In some circumstances criminal mischief could result in higher penalties than are provided in this section; for example, if there is an intention to kill or extreme recklessness, the murder and manslaughter provisions of the Code would apply in case death resulted. A separate provision, which would have graded as a Class B felony any use of dangerously destructive means in carrying out a fraud, when other persons or property were endangered thereby, e.g., sinking a ship (cf. 18 U.S.C. § 2272) or burning a building in an insurance fraud, was considered, but not proposed. Such matters are adequately covered by the Class B felony grading of any theft of more than $100,000 (§ 1735), and by the provisions on arson, endangering by fire or explosion, and release of destructive forces in this Chapter. § 1709 Definitions for Sections 1701 to 1709. In sections 1701 to 1709: (a) "inhabited structure" means a structure or vehicle: (ii) where people assemble for purposes of business, government, education, religion, entertainment or public transportation; or (iii) which is used for overnight accommodation of persons. Any such structure or vehicle is deemed to be "inhabited" regardless of whether a person is actually present. If a building or structure is divided into separately inhabited units, any unit which is property of another constitutes an inhabited structure of another; (b) property is that "of another" if anyone other than the actor has a possessory or proprietary interest therein, and has not consented to the actor's conduct with respect to the property; (c) "vital public facility” includes a facility maintained for use as a bridge (whether over land or water), dam, tunnel, wharf, communications or radar installation, power station, or space launching facility. Comment The definition of "inhabited structure" in this section, applicable to the property destruction provisions, differs from the "occupied structure" definition applicable to burglary and other criminal intrusion offenses (§ 1719) by including places of assembly; the definition here thus incorporates 18 U.S.C. § 837, a property destruction provision in the area of civil rights. The definition of "vital public facility," which adds to the scope of federal property destruction offenses, has been left open-ended to permit judicial development of its meaning. Only structures and facilities in use are covered where the terms "inhabited structure" or "vital public facility" are employed; abandoned sites are not. BURGLARY AND OTHER CRIMINAL INTRUSION § 1711. Burglary. (1) Offense. A person is guilty of burglary if he willfully enters or surreptitiously remains in a building or occupied structure, or a separately secured or occupied portion thereof, when at the time the premises are not open to the public and the actor is not licensed, invited or otherwise privileged to enter or remain, as the case may be, with intent to engage in conduct therein which if committed would, in fact, constitute a crime. (2) Grading. Burglary is a Class B felony if: (a) the offense is committed at night and is knowingly perpetrated in the dwelling of another; or (b) in effecting entry or while in the premises or in immediate flight therefrom, the actor inflicts or attempts to inflict bodily injury or physical restraint on another, or menaces another with imminent serious bodily injury, or is armed with a firearm, destructive device or other weapon the possession of which under the circumstances indicates an intent or readiness to inflict serious bodily injury. Otherwise burglary is a Class C felony. (3) Jurisdiction. There is federal jurisdiction over an offense defined in this section under paragraphs (a), (b), (d), (k), or (1) of section 201. Comment Present federal law defines no general offense, even for federal enclaves, which reflects the common law burglary concept of "breaking and entering into a dwelling at night." Existing burglary-type provisions are theft oriented, applying, for example, to unlawful entry into premises used for storage, or vehicles used for transport, of property in interstate commerce (18 U.S.C. § 2117), and are largely traceable to restricted notions of what constitutes attempt. In view of the "substantial step" test in the general attempt provisions of the proposed Code (§ 1001), the felony of burglary is confined to criminal entries into buildings and occupied structures. This is not only because of the force of tradition, but also because it provides a method to avoid the necessity of proving the precise crime intended— theft, rape, robbery, kidnapping by a person who is unlawfully on premises which normally house people. In addition unlawful intrusion in itself engenders fear. Of course, the crime intended to be committed does not include unlawful entry or presence crimes, such as criminal trespass or stowing away. Existing federal jurisdiction could be retained by adding to the burglary definition a proscription against criminal entry of a "storage structure," which is defined (in § 1719, for other purposes) to include interstate transportation facilities (including loaded trucks and freight cars). Note that, while entry into storage structures for goods moving in interstate commerce would not constitute the felony of burglary, such conduct would be a criminal trespass (§ 1712), as well as possibly an attempted theft of an interstate shipment of goods (§§ 1732, 1735) or the offense of breaking into or concealing oneself in a vehicle (§ 1713). § 1712. Criminal Trespass. (1) Dwelling; Highly Secured Premises. A person is guilty of a Class A misdemeanor if, knowing that he is not licensed or privileged to do so, he enters or remains in a dwelling or in highly secured premises. (2) Building; Structure; Enclosed Premises. A person is guilty of a Class B misdemeanor if, knowing that he is not licensed or privileged to do so, he: (a) enters or remains in any building, occupied structure or storage structure, or separately secured or occupied portion thereof; or (b) enters or remains in any place so enclosed as manifestly to exclude intruders. (3) Any Premises. A person is guilty of an infraction if, knowing that he is not licensed or privileged to do so, he enters or remains in any place as to which notice against trespass is given by actual communication to the actor by the person in charge of the premises or other authorized person or by posting in a manner reasonably likely to come to the attention of intruders. (4) Defenses. It is a defense to a prosecution under this section that: (a) the premises were abandoned; or 878-219 0-7017 (b) the premises were at the time open to members of the public and the actor complied with all lawful conditions imposed on access to or remaining in the premises. (5) Jurisdiction. There is federal jurisdiction over an offense defined in this section under paragraphs (a), (b), (d), (f), (k) or (1) of section 201. Comment The federal interest in protecting various sites from trespass varies from protection of AEC installations (42 U.S.C. § 2278 (a)) to national forests (18 U.S.C. § 1863). This section reflects the variety of interests in the grading: trespass into dwellings and highly secured areas (defined in § 1719 as guarded government buildings in which visible identification is required at all times) is a Class A misdemeanor and trespass into other buildings and structures (including storage structures for interstate goods), and enclosed areas, is a Class B misdemeanor. Trespass upon other premises would be an infraction. Perhaps the principal issues with respect to trespass are whether the offense alone should ever warrant punishment more severe than 30 days in jail-a Class B misdemeanor-and whether some aggravating element, such as refusal to leave, should be a condition precedent to the imposition of any jail penalty. Note that entering a restricted area for espionage purposes is dealt with under § 1113. § 1713. Breaking Into or Concealment Within a Vehicle. (1) Offense. A person is guilty of an offense if, knowing that he is not licensed or privileged to do so, he breaks into a vehicle, vessel or aircraft, or, with intent to commit a crime, conceals himself therein. (2) Grading. The offense is a Class C felony if the actor is armed with a firearm, destructive device or other weapon the possession of which under the circumstances indicates an intent or readiness to inflict serious bodily injury. Otherwise it is a Class A misdemeanor. (3) Jurisdiction. There is federal jurisdiction over an offense defined in this section under paragraphs (a), (b) or (l) of section 201. Comment In this section a new offense, in addition to the stowaway offense in § 1714, is proposed to deal with unlawful intrusions into vehicles, principally automobiles. Such intrusions, while similar to burglary, raise problems sufficiently different to warrant special treatment. For example, since "joy-riding" in an automobile is to be a misdemeanor 78 1736), it would be inconsistent if unlawful entry into an automobile with intent to commit such crime constituted the felony of burglary. |