The statutes of limitations in North Dakota for felony charges is three years. Each of the these levels of government prohibit certain actions and have a defined punishment for that criminal offense. Cent. The North Dakota Statute of Limitations for misdemeanors is two (2) years. A lewd fondling or caress of the body of another person. The penalties for indecent exposure are higher if the exposure was done for the purpose of sexual gratification. Indecent exposure is a felony if an adult commits the offense in the presence of a person under 16 or the purpose of arousing or gratifying sexual desire. The potential fines range from $50 in Tennessee to a high of up to $1,500 in Illinois. The parole board sets release eligibility rules. 4. Terrorizing could also happen if a person causes the evacuation of a building, place of assembly, or facility of public transportation, or causes a serious disruption or public inconvenience. By Mary Sell Alabama Daily News. N.C. Gen. Stat. In some states, the information on this website may be considered a lawyer referral service. The main difference is whether or not you're actually capable of following through on that threat. Title 12.1 - CRIMINAL CODE. [Click here for What You Need to Know when Arrested in North Dakota. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. As part of the credibility defense strategy, your attorney may research the victim's background or character. However, Vermont courts have held that these crimes must include a sexual motivation and exposure. Legally reviewed by Bridget Molitor, J.D. In all, sevenstates have Class C misdemeanors Alabama, Arkansas, Illinois, Missouri, Oregon, Tennessee and Texas. 12.1-22-03. All misdemeanors in the state of North Dakota have a two-year statute of limitations. We serve all of the areas around each office and across North Dakota. Tel: 218-284-0484730 Center Ave #202Moorhead, MN 56560, Moorhead730 Center Ave. #202Moorhead, MN 56560(218) 284-0484, Detroit Lakes818 Minnesota Ave. Suite #2Detroit Lakes, MN 56501. Judge Cherie Clark sentenced Mills to 120 days in the Stutsman County Correctional Center with credit for five days served. | The act must be done with an intent to sexually gratify oneself or the other person. Forms for Asking for a Sexual Assault Restraining Order. The amount of time the offender spends in prison will depend on the maximum sentence imposed by the judge and whether the offender qualifies for parole. Montana's indecent exposure law requires that the offender act with the intent to harass another person or to sexually gratify themself or another person. Class A felonies are the most serious crimes a person can commit, while Class I felonies are considered the least serious type of felony offense. If a statute states that a crime is a felony but fails to classify it, the offense is punishable as a Class I felony. (N.C. Gen. Stat. 15A-1340.17 (2019).) Next, we discuss your case with the prosecution and relay any potential plea agreement negotiations with you. Unless you have a prior conviction or had some type of aggravating circumstance associated with your misdemeanor arrest, the most likely scenario is a mitigated sentence or perhaps even a suspended sentence. Felonies in North Dakota have a maximum possible penalty, meaning there is limit on the amount of punishment imposed. Conditions might include remaining crime-free, serving a jail sentence, completing community service hours or treatment, abstaining from alcohol or drugs, maintaining employment, attending school, treatment, or counseling, or being placed on electronic monitoring or home confinement. When most people think of assault, they think of some form of physical violence. For instance, the law requires offenders convicted of armed felonies to serve their sentences in prison without parole. Depending on the facts of your case, it may be necessary to submit a motion to suppress evidence or to dismiss the case. Reckless endangerment-Extreme Indifference (Class C felony) Alex Vincent Mora, 32, Minot, deemed a misdemeanor, 360 days in the Ward County Jail, first serve 2 days with credit for 2 days served, 3 years of supervised probation, restitution reserved, $525 in court fines and fees. For both crimes, it does not matter whether the act happens in public or private. In this case, you must demonstrate that your behavior was the result of their activities. (A) In Class A misdemeanor cases, a jury consists of six qualified jurors unless the defendant demands a jury of twelve. Colorado has two separate laws prohibiting nudity or exposing genitals. Public indecency is performing any of the following acts in a public place or where the conduct may reasonably be expected to be viewed by members of the public: Connecticut prohibits public indecency, which includes exposing the body in a public place for sexual gratification or arousal. (d) A third or subsequent conviction under subsection (a) is a Class C felony. Both offenses carry the potential for imprisonment. Best of the Jamestown Area. Based on facts, either observed and verified firsthand by the reporter, or reported and verified from knowledgeable sources. Exposing the offender's genitals with the intent of arousing the sexual desire of the offender or another person, Commit public indecency after already being convicted for public indecency or another sex offense: Class C felony, Up to 1 year imprisonment and up to a $6,250 fine for Class A misdemeanor, Up to 5 years imprisonment and up to a $125,000 fine for Class C felony, Indecent exposure in the presence of a minor under 16 years of age: Misdemeanor in the first degree, Up to 2 years imprisonment and up to $5,000 fine, Up to 5 years imprisonment and up to $10,000 fine for indecent exposure in the presence of a minor under 16 years of age, exposes one's genitals to the view of another, for the purpose of sexual arousal, gratification, or stimulation, under circumstances in which the offender's conduct is likely to cause affront, distress, or alarm to that person, Up to 3 years imprisonment and up to $1,000 fine for a second or subsequent conviction. (2) Misdemeanor Cases. Class C - Class C misdemeanor charges are the least serious. Meaning your acts were solely to protect yourself from damage. If the inmate's sentence qualifies, the inmate receives a future parole review date. A SARO requires the person committing sexual assault to stop and to leave the victim(s) listed on the order alone. Election 2022. Probation can be supervised or unsupervised. 2022 Progress Edition. If an adult exposes genitals, buttocks, or female breast to a child under 13 in a private residence, then the penalties are more severe. Criminal law is a system of rules that defines what is considered a crime and how the government might prosecute an individual that commits a crimes. Aggravated Indecent Exposure: Fourth degree felony, Up to 1.5 years imprisonment and up to a $5,000 fine for aggravated indecent exposure, a private premises under circumstances in which the offender may readily be observed from either a public place or from other private premises, and with intent that they be observed; or. Aggravated indecent exposure requires an intent to intimidate or threaten another person and that a minor is present or the offender commits another crime while exposing their genitals. This adds years to the statutes for crimes against children. Get tailored advice and ask your legal questions. Getting jobs and housing can be very difficult with a misdemeanor conviction. Do Not Sell or Share My Personal Information, North Dakota Misdemeanor Crimes by Class and Sentences, Do Not Sell or Share My Personal Information, a term of imprisonment (up to the maximum set in statute). In public or another's private residence, intentionally exposing one's genitals or buttocks to another or engaging in sexual contact or sexual penetration while reasonably expecting the act to be viewed by another and the act will offend an ordinary viewer or is done to sexually arouse or gratify the defendant. Up to 30 days imprisonment, up to a $1,000 fine. Individuals who violate a law can face many different punishments, including community services, restitution, monetary fines, probation, or incarceration in a county jail or state prison. North Dakota law requires prosecutors to file most felony charges within three years of the commission or discovery of the offense. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Indecency with a child: Felony of the third degree, Up to 180 days imprisonment and up to $2,000 fine, 2 to 10 years imprisonment and up to $10,000 fine for indecency with a child, Exposing the offender's genitals, the female breast below the top of the areola, the buttocks, the anus, or the pubic area, Exposing the offender's genitals, the female breast below the top of the areola, the buttocks, the anus, or the pubic area in a public place or in a private place under circumstances the person should know will likely cause affront or alarm or with the intent to arouse or gratify the sexual desire of the actor or the child, Causing a child under the age of 14 years to expose his or her genitals, anus, or breast, if female, to the actor, with the intent to arouse or gratify the sexual desire of the actor or the child, Lewdness involving a child: Class A misdemeanor, Lewdness, if the person committing the offense is a sex offender or has two prior convictions for lewdness: Third degree felony, Lewdness involving a child, if the person committing the offense is a sex offender or has a prior conviction for lewdness involving a child: Third degree felony, Up to 6 months imprisonment and up to $1,000 fine for a Class B misdemeanor, Up to 5 years imprisonment and up to $5,000 fine for a third degree felony, Engaging in open and gross lewdness and lascivious behavior, Willfully and lewdly committing any lewd or lascivious act upon or with the body, or any part or member thereof, of a child under the age of 16 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of the offender or the child, Lewd and lascivious conduct with a child: Felony, Up to 1 year imprisonment and up to $300 fine for open lewdness, Up to 2 years imprisonment and up to $1,000 fine for open lewdness, second or subsequent conviction, Up to 5 years imprisonment and up to a $300 fine for open lewd and lascivious conduct, 2 to 15 years imprisonment and up to a $5,000 fine for lewd and lascivious conduct with a child, 5 years to life imprisonment and up to a $25,000 fine for lewd and lascivious conduct with a child, second offense, 10 years to life imprisonment and up to a $25,000 fine for lewd and lascivious conduct with a child, third offense, Indecent exposure: Intentionally making an obscene display or exposure of one's person or the private parts in any public place or place where others are present, or procuring another to so expose themselves. My name is Aaron and I would like to say that my experience with Rick was more than pleasant. OhioOhio Statutes,Section 2917.211: This statute prohibits nonconsensual dissemination of private Stop the person committing sexual assault from having contact with the victim(s) listed in the order, including calling, writing, or having messages delivered. A person is guilty of indecent exposure if they do any of the following acts with the intent to arouse, appeal to, or gratify their lust, passions, or sexual desires: Ohio's public indecency statute outlaws indecent exposure of a person's private parts. Several other states, including Idaho, Kentucky, North Dakota, Montana and Oklahoma, are considering similar bans. It is illegal to make any open and indecent or obscene exposure of one's person, or of the person of another. Examples include negligent homicide, theft of a firearm, and perjury. Thanks for taking care of me it was painless on my side. Public meetings scheduled the week of March 6, 2023, Jamestown Arts Center launches $2M capital campaign for expansion, Emergency manager's Facebook posts get new life in apparel. |, Stopped for DUI in Alabama: 6 Things to Know, Theft of property valued under $50 Texas, Ability to qualify for state and federal government employment, Ability to qualify for public procurement contracts, Hold some occupations, such particularly those in healthcare, which require state or federal licenses, Work as police officers or firefighters Pennsylvania. The attorney listings on this site are paid attorney advertising. To date, all states have enacted laws that make actively participating in dog fighting a felony. If the offender successfully completes probation, the sentence is also complete. The penalties for this Class A misdemeanor include a $3,000 maximum fine and a maximum jail sentence of a year. 0. Indecent exposure does not require proof of intent to offend another or that the exposure was observed. If you need an attorney, find one right now. Cases can be dismissed when you question the credibility of an accuser. *XE|.T7UWu [i2,H\2m%byAS7H1'R76/&y\NGH`dx# n& 6K b. Both crimes prohibit publicly exposing oneself to another person. Rick is an all star lawyer. Committing indecent exposure in the presence of a minor under 16 years of age: Felony, Up to 10 years imprisonment and up to a $10,000 fine for a third or subsequent conviction, 4 to 100 years imprisonment and up to a $50,000 fine for indecent exposure to a minor under 16 years of age, Second or subsequent conviction: Class D felony, If offense is committed in the presence of a child under the age of 18: Class D felony, Up to 1 year imprisonment and up to a $2,000 fine, 1 to 4 years imprisonment and up to a $5,000 fine for a Class D felony. North Dakota Century Code. Basically, the prison sentence continues to hang over the defendant's head as an incentive to comply with probation. If you don't find a form that suits your circumstances on this website, the form isn't available through the North Dakota Legal Self Help Center. Cent. Any conviction will likely result in a fine, possible jail time, and an order to take anger management classes or substance abuse courses. 12.1-22-04. A crime is any act or omission of an act in violation of a law forbidding or commanding it. It is considered public indecency to expose one's external genitalia, perineum, anus or pubes or the breast (if the offender is female) in a public place where the offender may reasonably be expected to be viewed by others with the intent of arousing the sexual desire of the offender or another person. Utah has two separate statutes that prohibit indecent exposure: Lewdness and lewdness involving a child. in a place where another person has a reasonable expectation of privacy; the offender is in view of the other person; the exposure reasonably would be expected to alarm or annoy the other person; and. Your Ringstrom DeKrey attorney will go over your alternatives and the proof required to pursue this type of defense tactic. If outside sources are used, it is noted within the story. As an example, there are witnesses at the movies who remember you, or coworkers at work who can verify your attendance. x\K, _1@Ol]e=,Bvy@M~-d\]E-_3L??R~_MbZKKPj>z6zY?T[lE~h~{eO@1e6k7KOwiz6ePju^V7MI>C%[j3?fu&L}".9a?M8{5]kw;cZoct kf@JD*ji~,+oRg{] u:J?(!uOs2goZME%u\x23eYA4]i!v_0L:`:o.C:Ch=BTedM-HQ9D%yrezluDWm(Os5K4/2[:X esB2yQjT+UCNSq *.SuOE6-t\vC. 2. Clark placed Mills on 18 months supervised probation and ordered him to have no contact with a certain individual. For a class B felony, a maximum fine of seventy thousand dollars. You may also have restrictions placed on your license to carry firearms. A Class C felony is punishable by five years in prison and a $10,000 fine. There are two types of prohibited conduct that are considered indecent exposure: Texas has two separate crimes prohibiting exposing genitals with the intent of sexual gratification: Indecent exposure and indecency with a child. If the law provides Codified Laws section 22-24-1.3. These proceedings are handled by someone known as a prosecuting attorneys who act on behalf of the government to enforce and prosecute the law. Thats why its so vital to have a criminal attorney negotiate on your behalf to try to avoid having a misdemeanor conviction on your record. In those cases, the time limit would not begin until the person is living back in North Dakota and their location is known. If you or a loved one has been charged with a criminal offense in the state of North Dakota, contact the aggressive and experienced attorneys at Sand Law PLLC. For sexual abuse of a child, the statute of limitations is 21 years. Yes, if this is Class C misdemeanor, you will be able to get it expunged. North Dakota 39-06-42 12.1-32-01 (First, Second or Third Offense) Class B Misdemeanor: Imprisonment for no more than 30 days, $1,500 fine, or both. Stalking is also when an individual tracks someones movements or location without their authorization. But if the person causes severe bodily injury that results in permanent damage to the victim, they could be charged with a Class C felony. This is punishable by a fine of as much as $10,000 and up to five years in prison. The information provided on and obtained from this site doesn't constitute the official record of the Court. I will be recommending them to all my family and friends! Disclaimer | SEO by Site Social SEO. Rick and His brother Bill form a trustworthy, Competent team that can be counted on. A signal complies with this section if the signal is perceptible to the driver and: a. If found guilty of stalking, you can face a Class A misdemeanor with a max penalty of 360 days in jail and a $3,000 fine. Disclaimer: The content of this website is for informational purposes only and is not legal advice. Private indecent exposure, S.D. Class A misdemeanor assaults carry a max penalty of 360 days imprisonment, a$3,000 fine, or both. (N.D. This may entail accepting a plea deal in order to avoid jail time or to keep a crime off of your record. If youve been charged with assault in North Dakota, you probably feel overwhelmed. Indecent exposure also can occur in private under specific circumstances. The sexual misconduct in the first degree statute prohibits exposing one's genitals under circumstances in which the offender knows the conduct is likely to cause affront or alarm. Codified Laws section 22-24-1.1. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow simple assault is considered a Class B Misdemeanor in North Dakota. Something that is illegal on the federal level may be legal on the state level. A Sexual Assault Restraining Order, or SARO, may include any or all of the following: Stop the person committing sexual assault from harassing, stalking, or threatening the victim (s) listed in the order. It is illegal for a person, in public to do any of the following: Up to 90 days imprisonment, up to a $500 fine, Florida has two separate laws prohibiting the exposure of private parts: Unlawful exposure of sexual organs and lewd or lascivious exhibition in the presence of a person less than 16 years of age. Judges cannot impose a minimum sentence term unless allowed by statute, such as in the armed felony example above. ), In 2019, North Dakota lawmakers enacted a law authorizing expungement (or sealing) of felony criminal records if the person remains crime-free for five years after completion of the sentence. Open and gross lewdness and lascivious behavior has heavier penalties and requires that the act was done to produce alarm or shock. A few clouds. That classification sets a maximum penalty. Call 701-297-2890. News. Employment and Housing with a MisdemeanorConvictionRecord. This depends on the class level: Class AA: Up to life imprisonment without parole, A: Up to 20 years imprisonment and up to $10,000 in fines, B: Up to 10 years imprisonment and up to $10,000 in fines, C: Up to five years imprisonment and up to $5,000 in fines. Being charged with a crime in North Dakota can be one of the most serious and stressful circumstances one faces during their life. WebA misdemeanor in North Dakota is a non-indictable offense that is generally less severe than felonies. Simple assaults are typically considered Class B misdemeanors except when the alleged victim is a: Peace officer or correctional institution employee acting in an official capacity; An employee of the state hospital while on the job; A person engaged in a judicial proceeding; OR. All of the following acts are prohibited under Minnesota's indecent exposure law: In Mississippi, it is considered indecent exposure to willfully and lewdly expose one's body or private parts in public or in any place where others are present. The General-Use forms on this website may be used as a starting point for creating your own legal documents. Otherwise the offense is a class B misdemeanor. In the offender's residence, knowingly and intentionally for the purpose of sexual arousal or gratification exposing the genitals, butt, or female breasts or masturbating in the presence (or intended presence) of a child under the age of 13. If the victim is 18 or older, it is second degree indecent exposure. Murder charges have no time limit and can be filed at any time. while intending to be observed and being observed by a person less than sixteen years of age for the purpose of alarming or seriously annoying such person; or. There are two degrees of indecent exposure. The exposure also must be for sexual arousal or gratification. Assuming you were unable to avoid a misdemeanor on your record, most states allow for these crimesto be expunged. Unlike felony convictions, the sentence for a misdemeanor is usually served in a local or county jail as opposed to a state facility. The main distinguishing factor between simple assault and assault in North Dakota is the amount of injury you allegedly caused. If you need an attorney, find one right now. Aggravated assault is an attempt to cause bodily injury to another person by any means or force and occurs when there are substantial bodily injuries inflicted (or attempted) on another human being. For murder in North Dakota, there is no Statute of Limitations. There are two statutes that specifically prohibit indecent exposure: Sexual misconduct in the first degree and sexual misconduct involving a child. You need to get it expunged now. Felonies, which are the most serious criminal offenses, are generally penalized by both incarceration and a fine. Indecent exposure: Exposing one's genitals with the intent to arouse or sexually gratify oneself or another person, knowing the conduct is likely to cause afront or alarm. North Dakotas simple assault laws are somewhat vague, but according the North Dakota Criminal Code, a person is guilty if they: Willfully cause bodily injury to another person; OR. This is a serious crime in North Dakota and falls under Chapter 12.1-05 of the North Dakota Century Code. North Dakota law authorizes judges to defer (put off) imposing a sentence and instead place the defendant on probation. For child victims under the age of 15, the statute of limitations does not begin until they reach the age of 15. It is illegal to willfully, knowingly, and lewdly expose one's person or genitals in any public place, or in any place where there are present other persons to be offended or annoyed. North Dakotas Statute of Limitations helps to: In North Dakota, there is no statute of limitations for murder. First, it is important to conduct an in-depth case evaluation. Class C felony assaults carry a max penalty of 5 years in prison and/or a $10,000 fine. Often, the "staff" byline is used when rewriting basic news briefs that originate from official sources, such as a city press release about a road closure, and which require little or no reporting. commitment to a treatment program or institution. All inmates get an initial parole review that will determine if and when they are eligible for parole consideration. 1. The sentences range from a maximum of 15 days in Missouri to a maximum of no more than 3 months in Alabama. Felonies in North Dakota have a maximum possible penalty, meaning there is That makes it easier to negotiate with prosecutors to avoid jail time and makes it all the more important to at least consult with an experienced criminal attorney. Arkansas, Illinois and Tennessee also have pre-set sentences for Class C misdemeanors of no more than 30 days in jail. In Idaho, it is illegal to expose one's genitals in a way that will offend or annoy another person. Lewdness is performing any of the following acts in a public place or under circumstances which the offender should know will likely cause affront or alarm to, on, or in the presence of another who is 14 years of age or older: Vermont has statutes that describe the penalties for open lewdness and open lewd and lascivious conduct, but the statutes do no define lewd or lascivious conduct. Anyone 17 years old or older who does any of the following acts in a public place commits a public indecency: In Indiana, it is illegal to be nude in public intentionally. Taking indecent liberties with a child: Class 5 felony, Taking indecent liberties with a child, second or subsequent conviction: Class 4 felony, Up to 1 year and up to $2,500 fine for a Class 1 misdemeanor, Up to 5 years imprisonment and up to $2,500 fine for a Class 6 felony, Up to 10 years imprisonment and up to $2,500 fine for a Class 5 felony, Up to 10 years imprisonment and up to $100,000 fine for a Class 4 felony, Indecent exposure to a person under the age of 14: Gross misdemeanor, Indecent exposure with a prior conviction for indecent exposure or a sex offense: Class C felony, Up to 90 days imprisonment and up to $1,000 fine, Up to 1 year imprisonment and up to $5,000 fine if exposure is to a person under 14, Up to 5 years imprisonment and up to $10,000 fine if the offender has a prior conviction for indecent exposure or a sex offense, Up to 12 months imprisonment and up to $500 fine if the exposure was done for the purpose of sexual gratification, 30 days to 12 months imprisonment and up to $1,000 fine for a second conviction, 1 to 5 years and up to $3,000 fine for a third or subsequent conviction, Committing an indecent act of sexual gratification with another with knowledge that they are in the presence of others, Publicly and indecently exposes genitals or pubic area, Complex criminal defense situations usually require a lawyer, Defense attorneys can help protect your rights, A lawyer can seek to reduce or eliminate criminal penalties. The board can conduct parole reviews via paper or in person. Public lewdness in the first degree: Class A misdemeanor, Up to 3 months imprisonment and up to a $500 fine for public lewdness, Up to 1 year imprisonment and up to $1,000 fine for public lewdness in the first degree, In any public place and in the presence of any other person, In the presence of any other person less than 16 years of age for the purpose of arousing or gratifying sexual desire and the offender is 18 or older, In the presence of anyone other than a consenting adult on the private premises of another or near enough to be seen from a private premises for the purpose of arousing or gratifying sexual desire, In a private residence of which they are not a resident and in the presence of any other person less than 16 years of age who is a resident of that private residence and the offender is 18 or older, In a private place with the knowing intent to be seen by a person in a public place, An adult who willfully exposes their private parts in any public place in the presence of a person less than 16 years of age for the purpose of arousing or gratifying sexual desire: Class H Felony, Up to 60 days imprisonment and up to $1,000 fine, 4 to 25 months imprisonment and a fine in the court's discretion for a Class H felony, Masturbating in a public place or in the presence of a minor, Exposing their penis, vulva, or anus in a public place or to a minor in a public or private place, Exposing their penis, vulva, or anus by unsolicited electronic means, Exposing their penis, vulva, or anus to a minor by any electronic means, Second or subsequent conviction: Class C felony, Committing indecent exposure on school property or within 50 feet of school property: Class C felony, Prior conviction for indecent exposure and committing indecent exposure on school property or within 50 feet of school property: Class B felony, Up to 1 year imprisonment and up to $3,000 fine for a Class A misdemeanor, Up to 5 years imprisonment and up to $10,000 fine for a Class C felony, Up to 10 years imprisonment and up to $20,000 fine for a Class B felony, Engage in conduct that to an ordinary observer would appear to be sexual conduct or masturbation, Expose one's private parts with the purpose of personal sexual arousal or gratification or to lure a minor into sexual activity, Misdemeanor of the third degree if the offender has a previous public indecency conviction, Misdemeanor of the second degree if the offender has two previous public indecency convictions or if a minor is present and the offender has one previous public indecency conviction, Misdemeanor of the first degree if the offender has three or more previous public indecency convictions; if a minor is present and the offender has two previous public indecency convictions; or if a minor is present and the exposure is for the purpose of personal sexual arousal or gratification or to lure the minor into sexual activity, Felony of the fifth degree if a minor is present and the offender has three or more previous public indecency convictions; or if a minor is present and the exposure is for the purpose of personal sexual arousal or gratification or to lure the minor into sexual activity and the offender has a previous public indecency conviction, Up to 30 days imprisonment and up to a $250 fine for a fourth degree misdemeanor, Up to 60 days imprisonment and up to a $500 fine for a third degree misdemeanor, Up to 90 days imprisonment and up to a $750 fine for a second degree misdemeanor, Up to 180 days imprisonment and up to a $1,000 fine for a first degree misdemeanor, 6 to 12 months and up to a $2,500 fine for a fifth degree felony.
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