View Single Post
  #43  
Old 10-10-2007, 06:19 PM
ItalianFX ItalianFX is offline
Senior Member
 
Join Date: Nov 2005
Location: 3 Weeks to Freedom
Posts: 4,808
Default Re: Smoking Bans and Crimes?

[ QUOTE ]
[ QUOTE ]
[ QUOTE ]
[ QUOTE ]
[ QUOTE ]
OK, I get it. This is a misdameanor-type offense or some such.

[/ QUOTE ]

No, a misdemeanor is still a crime.

Breaking a law can be a crime (violation, misdemeanor, or felony) or an infraction.

Here in NYC it is not a crime to smoke in a bar or to allow smoking in your bar. It is, however, an infraction of the health code for the bar owner to allow it.

[/ QUOTE ]

Learn something new every day. Thanks for clarifying this point for me.

What I was trying to get at was that the title of the class may be misworded and was intended to include more broad law-breaking activities that may not necessarily be subject to criminal law.

[/ QUOTE ]

Note I edited my post. A violation is not a crime (at lead according to NY state penal code

[/ QUOTE ]

Wiki agrees:

"An Infraction in legal sense (minor offense, minor violation, petty offense, or frequently citation, sometimes used as synonymous with violation, regulatory offense, welfare offense, or contravention) is a "petty" violation of the law less serious than a misdemeanor.

Typically, an infraction is a violation of a rule or local ordinance or regulation.

Some refer to an infraction as quasi-criminal, because conviction for an infraction is generally not associated with the loss of liberty, or even social stigma. Infractions are often considered civil cases, in which case an infraction is not even considered a crime. "

[/ QUOTE ]

Great! haha So how do we categorize smoking bans? Infractions/Violations, regulations, laws, crimes? I might just have to call the District Attorney in my town.
Reply With Quote