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13-02 Amend 501.07 Requirements for Criminal Liability
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13-02 Amend 501.07 Requirements for Criminal Liability
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Last modified
5/14/2013 2:58:49 PM
Creation date
7/8/2003 5:40:52 AM
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Office Of Council
Document Type
Ordinances
Date
7/8/2003
Date Adopted
9/3/2002
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a purpose to impose strict liability, recklessness is sufficient culpability to commit the <br />offense. <br /> <br /> (c) Voluntary intoxication may not be taken into consideration in determining <br />the existence of a mental state that is an element of a cdminal offense. Voluntary <br />intoxication does not relieve a person of a duty to act if failure to act constitutes a <br />criminal offense. Evidence that a person was voluntarily intoxicated may be admissible <br />to show whether or not the person was physically capable of performing the act with <br />which the person is charged. <br /> <br />(d) <br /> <br />As used in this section: <br />(1) Possession is a voluntary act if the possessor knowingly procured or <br /> received the thing possessed, or was aware of the possessor's <br /> control .of the thing possessed for a suffiCient time to have ended <br /> possession. <br />(2) Reflexes, convulsions, body movements during unconsciousness or <br /> sleep, and body movements that are not otherwise a product of the <br /> actor's volition, are involuntary acts. <br />(3) "Culpability" means purpose, knowledge, recklessness or <br /> negligence, as defined in Section 501.08. <br />(4) "Intoxication" includes, but is not limited to, intoxication <br /> resulting from the ingestion of alcOhol, a drug, or alcohol and a <br /> drug. <br /> <br /> Section 2. It is found and determined that all formal actions of this Council <br />concerning and relating to the passage of this ordinance were adopted in an open <br />meeting of this Council, and that all such deliberation of the Council andof any of its <br />committees that resulted in such formal action were in meetings open to the public in <br />compliance with all legal requirements. <br /> <br />President of Council <br /> <br /> / <br />~ayor ~ <br /> <br /> <br />
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