(6)1 Definitions

(6)1 Definitions

This chapter provides definitions for Title 6 of this code.

(6)1.1 Person

“Person” means a natural human being.

Organizations, corporations, and other legal entities may be considered a “person” for offenses that expressly permit or impose corporate criminal liability.

(6)1.2 Willfully

“Willfully” means that an act was performed intentionally, knowingly, or with a conscious objective to engage in the conduct, or with awareness that the conduct is of the nature prohibited by law.

Mere mistake, accident, negligence, or inadvertence does not constitute acting willfully.

(6)1.3 Exceptional

“Exceptional” means circumstances that are unusual, extraordinary, or significantly outside the typical range of situations contemplated by the statute, and which justify departure from the standard rule or penalty. Routine, foreseeable, or commonly occurring circumstances are not exceptional.

(6)1.4 Negligence

“Negligence” means that a person should be aware of a substantial and unjustifiable risk that a particular result will occur or that a circumstance exists, and fails to perceive such risk.

The failure to perceive the risk must constitute a gross deviation from the standard of care that a reasonable person would exercise in the same situation.

(6)1.5 Premeditation

“Premeditation” means that the actor formed the specific intent to commit the act prior to its commission, and possessed a period of deliberation or reflection—however short—during which the actor was capable of evaluating the decision to act.

Premeditation does not require an extended period of planning, preparation, or forethought.

(6)1.6 Terrorism

“Terrorism” means an act or credible threat of serious physical violence that:

(a) is intentionally directed at civilians or non-combatants, or at critical infrastructure in a manner likely to cause mass casualty or widespread public danger; and

(b) is committed for the primary purpose of:

1. intimidating or terrorizing a civilian population at large; or
2. coercing or influencing the policy, conduct, or functioning of a government or governmental institution; and

(c) is not limited to or incidental to the commission of a conventional criminal offense, riot, labor dispute, protest, or civil disturbance, unless such conduct independently satisfies all elements of this definition.

(6)1.7 Criminal Organization / Criminal Enterprise

“Criminal Organization” or “Criminal Enterprise” means any group of four or more persons, whether formal or informal, associated in fact, that functions as a continuing unit and whose members coordinate, direct, or participate in conduct with the common purpose of engaging in, facilitating, or benefiting from criminal activity.

The term includes, but is not limited to:

1. Street gangs, prison gangs, or neighborhood-based groups;
2. Organized crime groups, including mafia-style, cartel-style, or syndicate-type organizations;
3. Networks or associations lacking formal structure, hierarchy, name, or written documentation;
4. Any organization existing in whole or in part for a criminal purpose, regardless of whether it also engages in lawful activity.

An organization may constitute a criminal organization regardless of permanence, geographic location, level of organization, or whether its existence is documented, provided it meets the requirements of this subsection.

(6)1.8 Intimidate

“Intimidate” means to engage in conduct that intentionally places another person in fear of injury, harm, or adverse consequences, whether to their person, property, rights, or safety, and includes threats, menacing behavior, or actions reasonably expected to compel another to act or refrain from acting.

(6)1.9 Official Proceeding

“Official proceeding” means any proceeding, hearing, trial, investigation, or inquiry that is conducted before, or authorized by, a court, judge, magistrate, grand jury, legislative body, administrative agency, law enforcement agency, or other governmental authority, in which evidence may be received or considered under law.

(6)1.10 Disqualified

“Disqualified” means rendered ineligible, prohibited, or barred from a specified status, right, privilege, activity, or benefit by operation of law, court order, administrative rule, or the terms of a sentence, conviction, or legal proceeding.

(6)1.11 Government Institution

“Government institution” means any established body, office, agency, or entity that:

(a) is created, constituted, or formally recognized by the constitution, laws, charter, or lawful authority of the State, a political subdivision of the State, or the federal government; and

(b) is authorized to exercise governmental powers or perform governmental functions, including legislative, executive, administrative, regulatory, judicial, law-enforcement, or public-service functions.

The term includes, but is not limited to:

1. Legislative bodies, courts, and executive offices;
2. Departments, agencies, boards, commissions, and authorities;
3. Law enforcement agencies, prosecutorial offices, and correctional institutions;
4. Public schools, public universities, and other educational institutions operated by or on behalf of the government;
5. State-owned or municipally owned utilities and public infrastructure authorities when acting in an official governmental capacity.

The term does not include:

1. Private entities or individuals solely because they receive public funding, contracts, grants, or regulatory oversight;
2. Non-governmental organizations, political parties, advocacy groups, or private corporations;
3. Individuals acting in a purely private capacity and not under color of law.

(6)1.12 Assault

“Assault” means any of the following acts, committed intentionally or knowingly:

(a) Causing bodily injury to another person; or

(b) Attempting to cause bodily injury to another person, with the present ability to do so; or

(c) Intentionally placing another person in reasonable apprehension of imminent bodily injury, through an act or conduct that would cause a reasonable person to fear such injury.

For purposes of this definition:

1. Actual physical contact is not required for an assault under subsection (b) or (c);
2. The apparent ability to cause injury may be established by words combined with conduct, including the display or use of a weapon;
3. “Imminent” means immediate or impending, not speculative or conditional.

This definition does not include accidental or negligent conduct, which may be charged under other provisions of this code where applicable.

(6)1.13 Payment Instrument

"Payment Instrument" means any tangible or intangible medium that is designed, created, or authorized to transfer monetary value, credit, or funds from one person or entity to another, including but not limited to:

1. Checks, drafts, money orders, or cashier’s checks;
2. Credit cards, debit cards, or stored-value cards;
3. Electronic payment codes, digital wallets, or virtual currency instruments;
4. Any other instrument or device capable of initiating, authorizing, or effecting a payment or transfer of funds.

Notes:

• A payment instrument is valid only when authorized by the issuer or lawful holder.
• The definition is intentionally broad to include future forms of payment not yet widely adopted.

(6)1.14 Identification Instrument

"Identification Instrument" means any tangible or intangible document, card, or device that is designed, created, or used to establish, verify, or represent the identity of a person, including but not limited to:

1. Government-issued identification, such as driver’s licenses, passports, state ID cards, or immigration documents;
2. Birth certificates, Social Security cards, or other vital records;
3. Student, employee, or membership identification cards;
4. Digital or electronic forms of identification, including biometric credentials, digital ID cards, or identity tokens;
5. Any other instrument or device intended to establish, verify, or misrepresent a person’s identity.

Notes:

• An identification instrument is valid only when issued or authorized by the appropriate entity.
• This definition is broad to cover future or evolving forms of identity verification.

(6)1.15 Bribe

A "bribe" means any thing of value, benefit, advantage, favor, or promise thereof, whether tangible or intangible, that is offered, given, solicited, accepted, or agreed to be accepted with the intent to influence, induce, reward, or corrupt the exercise of an official duty, discretion, judgment, or action by any person acting under color of law or in a position of trust.

(6)1.16 Abusive Language

“Abusive language” means language that, by its very utterance, is intended to harass, alarm, intimidate, or provoke a violent or disorderly response from the person or persons to whom it is directed.

For purposes of this Title:

(a) The language need not include an actual threat of physical harm, but must be inherently likely to provoke a hostile or disruptive reaction.

(b) Abusive language includes, but is not limited to, epithets, insults, curses, or profane speech directed at an individual or group in a manner that is intended to interfere with public peace or safety.

(c) Language that is merely offensive, critical, or argumentative without a demonstrable intent to harass, alarm, or provoke does not constitute abusive language.

(6)1.17 Disrupt

“Disrupt” means to interfere with, disturb, or hinder the normal functioning, operations, or peace of a person, group, place, or public or private activity.

For purposes of this Title:

(a) Disruption may be physical, verbal, electronic, or procedural in nature.

(b) The disruption must be substantial or material, not trivial or fleeting, and must interfere with lawful activity, public order, or the rights of others.

(c) Conduct that is merely inconvenient, mildly distracting, or incidental does not constitute disruption under this definition.