5 aug 2025 3:3 pm est ( gmt - 5 ) :
---https://law.lis.virginia.gov/vacodefull/title18.2/chapter4/article1/ from google ( involuntary manslaghter sentence virginia ) result 1
Article 1. Homicide.
§ 18.2-30. Murder and manslaughter declared felonies.
Any person who commits aggravated murder, murder of the first degree, murder of the second degree, voluntary manslaughter, or
involuntary manslaughter, is guilty of a felony.
1975, cc. 14, 15; 2021, Sp. Sess. I, cc. 344, 345.
§ 18.2-31. Aggravated murder defined; punishment.
A. The following offenses shall constitute aggravated murder, punishable as a Class 1 felony:
1. The willful, deliberate, and premeditated killing of any person in the commission of abduction, as defined in § 18.2-
48, when such abduction was committed with the intent to extort money or a pecuniary benefit or with the intent to defile the victim of such abduction;
2. The willful, deliberate, and premeditated killing of any person by another for hire;
3. The willful, deliberate, and premeditated killing of any person by a prisoner confined in a state or local correctional facility
as defined in § 53.1-1, or while in the custody of an employee thereof;
4. The willful, deliberate, and premeditated killing of any person in the commission of robbery or attempted robbery;
5. The willful, deliberate, and premeditated killing of any person in the commission of, or subsequent to, rape or attempted rape,
forcible sodomy, or attempted forcible sodomy or object sexual penetration;
6. The willful, deliberate, and premeditated killing of a law-enforcement officer as defined in § 9.1-101, a fire marshal appointed
pursuant to § 27-30 or a deputy or an assistant fire marshal appointed pursuant to § 27-36, when such fire marshal or deputy or
assistant fire marshal has police powers as set forth in §§ 27-34.2 and 27-34.2:1, an auxiliary police officer appointed or provided
for pursuant to §§ 15.2-1731 and 15.2-1733, an auxiliary deputy sheriff appointed pursuant to § 15.2-1603, or any law-enforcement officer of
another state or the United States having the power to arrest for a felony under the laws of such state or the United States, when such killing
is for the purpose of interfering with the performance of his official duties;
7. The willful, deliberate, and premeditated killing of more than 1 person as a part of same act or transaction;
8. The willful, deliberate, and premeditated killing of more than 1 person within 3 year period;
9. The willful, deliberate, and premeditated killing of any person in the commission of or attempted commission of a violation of § 18.2-248,
involving a Schedule I or II controlled substance, when such killing is for the purpose of furthering the commission or attempted commission of
such violation;
10. The willful, deliberate, and premeditated killing of any person by another pursuant to the direction or order of one who is engaged
in a continuing criminal enterprise as defined in subsection I of § 18.2-248;
11. The willful, deliberate, and premeditated killing of a pregnant woman by one who knows that the woman is pregnant and has the intent
to cause the involuntary termination of the woman's pregnancy without a live birth;
12. The willful, deliberate, and premeditated killing of a person under age 14 by a person age 21 or older;
13. The willful, deliberate, and premeditated killing of any person by another in the commission of or attempted commission of an act of
terrorism as defined in § 18.2-46.4;
14. The willful, deliberate, and premeditated killing of a justice of the Supreme Court, a judge of the Court of Appeals, a judge of a circuit court or
district court, a retired judge sitting by designation or under temporary recall, or a substitute judge appointed under § 16.1-69.9:1
when the killing is for the purpose of interfering with his official duties as a judge; and
15. The willful, deliberate, and premeditated killing of any witness in a criminal case after a subpoena has been issued for such witness by
the court, the clerk, or an attorney, when the killing is for the purpose of interfering with the person's duties in such case.
B. For a violation of subdivision A 6 where the offender was age 18 year or older at time of offense ,
punishment shall be no less than a mandatory minimum term of confinement for life.
C. If any one or more subsections, sentences, or parts of this section shall be judged unconstitutional or invalid, such adjudication shall not affect,
impair, or invalidate the remaining provisions thereof but shall be confined in its operation to the specific provisions so held unconstitutional or
invalid.
Code 1950, §§ 18.1-21, 53-291; 1960, c. 358; 1962, c. 42; 1966, c. 300; 1970, c. 648; 1973, c. 403; 1975, cc. 14, 15; 1976, c. 503; 1977, c. 478; 1979,
c. 582; 1980, c. 221; 1981, c. 607; 1982, c. 636; 1983, c. 175; 1985, c. 428; 1988, c. 550; 1989, c. 527; 1990, c. 746; 1991, c. 232; 1995, c. 340;
1996, cc. 876, 959; 1997, cc. 235, 313, 514, 709; 1998, c. 887; 2002, cc. 588, 623; 2007, cc. 844, 845, 846; 2010, cc. 399, 428, 475; 2019,
cc. 717, 835; 2021, Sp. Sess. I, cc. 344, 345.
§ 18.2-32. First and second degree murder defined; punishment.
Murder, other than aggravated murder, by poison, lying in wait, imprisonment, starving, or by any willful, deliberate, and
premeditated killing, or in the commission of, or attempt to commit, arson, rape, forcible sodomy, inanimate or animate object sexual penetration,
robbery, burglary or abduction, except as provided in § 18.2-31, is murder of the first degree, punishable as a Class 2 felony.
All murder other than aggravated murder and murder of first degree is murder of second degree and is punishable by confinement in
a state correctional facility for not less than 5 year nor more than 40 year .
Code 1950, § 18.1-21; 1960, c. 358; 1962, c. 42; 1975, cc. 14, 15; 1976, c. 503; 1977, cc. 478, 492; 1981, c. 397; 1993, cc. 463, 490; 1998,
c. 281; 2021, Sp. Sess. I, cc. 344, 345.
§ 18.2-32.1. Murder of a pregnant woman; penalty.
The willful and deliberate killing of a pregnant woman without premeditation by one who knows that the woman is pregnant and has the intent
to cause the involuntary termination of the woman's pregnancy without a live birth shall be punished by a term of imprisonment of not less than
10 year nor more than 40 year.
1997, c. 709.
§ 18.2-32.2. Killing a fetus; penalty.
A. Any person who unlawfully, willfully, deliberately, maliciously and with premeditation kills the fetus of another is guilty of a Class 2 felony.
B. Any person who unlawfully, willfully, deliberately and maliciously kills the fetus of another is guilty of a felony punishable by confinement
in a state correctional facility for not less than 5 nor more than 40 year.
2004, cc. 1023, 1026.
§ 18.2-32.3. Human infant; independent and separate existence.
For the purposes of this article, the fact that the umbilical cord has not been cut or that the placenta remains attached shall not be considered
in determining whether a human infant has achieved an independent and separate existence.
2010, cc. 810, 851.
§ 18.2-33. Felony homicide defined; punishment.
The killing of person accidentally, contrary to the intention of the parties, while in the prosecution of some felonious act other
than those specified in §§ 18.2-31 and 18.2-32, is murder of the second degree and is punishable by confinement in a state correctional facility
for not less than 5 year nor more than 40 year.
1975, cc. 14, 15; 1999, c. 282.
§ 18.2-34. Reserved.
Reserved.
§ 18.2-35. How voluntary manslaughter punished.
Voluntary manslaughter is punishable as a Class 5 felony.
Code 1950, § 18.1-24; 1960, c. 358; 1972, cc. 14, 15.
§ 18.2-36. How involuntary manslaughter punished.
Involuntary manslaughter is punishable as a Class 5 felony.
Code 1950, § 18.1-25; 1960, c. 358; 1975, cc. 14, 15; 1982, c. 301.
§ 18.2-36.1. Certain conduct punishable as involuntary manslaughter.
A. Any person who, as a result of driving under the influence in violation of clause (ii), (iii), or (iv) of § 18.2-266 or
any local ordinance substantially similar thereto unintentionally causes the death of another person, shall be guilty of involuntary manslaughter.
B. If, in addition, the conduct of the defendant was so gross, wanton and culpable as to show a reckless disregard for human life,
he shall be guilty of aggravated involuntary manslaughter, a felony punishable by a term of
imprisonment of not less than 1 year nor more than 20 years , 1 year of which shall be a mandatory minimum term of imprisonment.
C. The provisions of this section shall not preclude prosecution under any other homicide statute. This section shall not preclude
any other revocation or suspension required by law. The driver's license of any person convicted under this section shall be revoked
pursuant to subsection B of § 46.2-391.
1989, cc. 554, 574; 1992, c. 862; 1994, cc. 635, 682; 1999, cc. 945, 987; 2000, cc. 956, 982; 2004, c. 461.
§ 18.2-36.2. Involuntary manslaughter; operating a watercraft while under the influence; penalties.
A. Any person who, as a result of operating a watercraft or motorboat in violation of clause (ii), (iii), or (iv) of subsection B of § 29.1-738
or a similar local ordinance, unintentionally causes the death of another person, is guilty of involuntary manslaughter.
B. If, in addition, the conduct of the defendant was so gross, wanton, and culpable as to show a reckless disregard for human life,
he shall be guilty of aggravated involuntary manslaughter, a felony punishable by a term of imprisonment of not less than 1 year nor more than 20 year ,
1 year of which shall be a mandatory minimum term of imprisonment.
C. The provisions of this section shall not preclude prosecution under any other homicide statute. The court shall order any person convicted
under this section not to operate a watercraft or motorboat that is underway upon the waters of the Commonwealth. After five years have passed
from the date of the conviction, the convicted person may petition the court that entered the conviction for the right to operate a watercraft or
motorboat upon the waters of the Commonwealth. Upon consideration of such petition, the court may restore the right to operate a watercraft or
motorboat subject to such terms and conditions as the court deems appropriate, including the successful completion of
a water safety alcohol rehabilitation program described in § 29.1-738.5.
2005, c. 376.
§ 18.2-37. How and where homicide prosecuted and punished if death occur without the Commonwealth.
If any person be stricken or poisoned in this Commonwealth, and die by reason thereof out of this Commonwealth, the offender shall be as guilty,
and shall be prosecuted and punished, as if the death had occurred in the county or corporation in which the stroke or poison was given or administered.
Code 1950, § 18.1-26; 1960, c. 358; 1975, cc. 14, 15.
§ 18.2-37.1. Certain matters not to constitute defenses.
A. Another person's actual or perceived sex, gender, gender identity, or sexual orientation is not in and of itself, or together with
an oral solicitation, a defense to any charge of capital murder, murder in the first degree, murder in the second degree, or
voluntary manslaughter and is not in and of itself, or together with an oral solicitation, provocation negating or excluding malice as
an element of murder.
B. Nothing in this section shall be construed to prevent a defendant from exercising his constitutionally protected rights, including
his right to call for evidence in his favor that is relevant and otherwise admissible in a criminal prosecution.
2021, Sp. Sess. I, c. 460.
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---https://www.tkevinwilsonlawyer.com/library/involuntary-and-voluntary-manslaughter-offenses-in-virginia.cfm
from google ( involuntary manslaghter sentence virginia ) result 3
Involuntary and Voluntary Manslaughter Crimes and Penalties in Virginia
If you have been charged with involuntary or voluntary manslaughter in Virginia,
you are facing serious felony charges. You could be sentenced to a lengthy prison sentence and large fines if convicted.
However, you may be able to get the charges dismissed or reduced to a less serious offense if you hire an experienced criminal defense attorney
to defend you.
Voluntary Manslaughter in Virginia
Unlike most other states, Virginia defines what constitutes voluntary and involuntary manslaughter through case law rather than statutes.
It is often referred to as a crime of passion.
Under our commonwealth’s laws, it is considered voluntary manslaughter to unlawfully kill someone without malice.
The killing must have been committed intentionally but without any planning for this crime to have been committed.
It is often charged when the accused kills someone after being provoked or in the heat of passion.
Examples of when a person could be charged with voluntary manslaughter include :
They got into an unplanned fight with someone and killed them.
They found the victim in their bed with their spouse, became angry, and killed them.
They got into a domestic dispute or were being abused by a partner at the time of the other person’s death.
They were acting in self-defense, but they were found to have overreacted in killing their attacker.
Involuntary and Aggravated Involuntary Manslaughter in Virginia
Under our state’s case law, involuntary manslaughter is defined as the accidental killing of another individual.
The killing must have been committed during an unlawful act, that is not a felony or a lawful act, that was performed improperly.
Situations where a person could be charged with involuntary manslaughter include :
They discharged a weapon in an open crowd, and someone was killed.
They mistook brake-pedal for accelerator-pedal and caused an accident that resulted in a victim’s death.
They caused an individual’s death when intoxicated due to alcohol or drug use. This is a common situation when involuntary manslaughter is charged.
In addition, the crime of involuntary manslaughter can be charged as aggravated manslaughter if the accused’s conduct was “so gross, wanton,
and culpable to show a reckless disregard for human life.”
Penalties for Voluntary and Involuntary Manslaughter
Because voluntary and involuntary manslaughter are violent crimes, they are punished harshly in our commonwealth.
Both are charged as a Class 5 felony. However, the punishments are slightly different for each offense.
If convicted , an individual could be sentenced as follows:
Voluntary manslaughter. punishment for voluntary manslaughter is a minimum of 1 year to up to 10 year in prison and a fine of up to $2,500.
However, judge has discretion to sentence a defendant to less than 1 year in jail instead of prison .
Involuntary manslaughter. punishment for involuntary manslaughter is same as voluntary manslaughter, except that there is no minimum 1 year sentence.
Manslaughter while intoxicated. If a defendant was driving while intoxicated and is convicted of involuntary manslaughter
then their driver’s license could be suspended, and they could be required to complete an alcohol safety program in addition to
the other punishments that can be imposed.
Aggravated involuntary manslaughter. penalties are much more severe if a person is convicted of aggravated involuntary manslaughter.
They would be sentenced to a mandatory minimum sentence of 1 year served to a maximum of 20 years in prison.
Contact Our Experienced Criminal Defense Legal Team Today
Are you or a loved one facing voluntary, involuntary, or aggravated involuntary manslaughter charges in Virginia? You may have strong defenses that could result in the charges being dismissed or reduced to a less serious offense—even if you believe you are guilty.
Our knowledgeable criminal defense lawyers are here to explain what you can expect to happen in your criminal case and to mount an aggressive defense strategy to help you achieve the best possible outcome. To learn more about how we can assist you, call our Manassas office at 888-DUI-LWYR, start an online chat, or complete our convenient online form to schedule your free initial consultation today.
Related Links:
How to Help Your Criminal Defense Attorney Defend You
What You Need to Know Before Deciding to Plead Guilty
How Sentencing Guidelines Work in Virginia
======================================================
---https://www.virginia-criminal.com/blog/2021/april/what-is-involuntary-manslaughter-/
from google ( involuntary manslaghter sentence virginia ) result 4
April 06, 2021
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By Cornick Ndlovu, PLC
Manslaughter is a tricky charge to define. It involves taking another person’s life, but it also assumes that the killing was an accident.
This is different from a murder charge in that the former is intentional, and the latter is not. The offender wanted the victim to die.
Manslaughter accusations get confusing when they are further defined as “voluntary” and “involuntary.” If killing someone was “involuntary,”
or accidental, why are people arrested for their mistake? What, exactly, is involuntary manslaughter?
Defining Involuntary Manslaughter
Just because a person was involved in someone else’s death, it doesn’t mean that person is guilty of manslaughter.
If someone dies in boxing ring or on football field then they are not likely to be considered victims of manslaughter.
One of the key elements in those two examples is the deceased person’s participation. They knew the risks involved when they entered the sport,
and they unfortunately lost their life. Any dangerous act between consenting adults could result in someone’s death. however ,
Legally this is not manslaughter. “Accidentally” taking someone’s life is not necessarily a crime.
Involuntary manslaughter, in a legal sense, involves engaging in an activity you shouldn’t have.
An often-cited example of this is killing someone in a DUI. Most people know that drunk driving is illegal, and many are aware
that the law is harsh on DUI offenses. Thus, the assumption is that the driver should have been alert and sober; if they weren’t,
they can be criminally charged for someone’s death.
Involuntary manslaughter isn’t always as obvious as a DUI-related death. It can be any grossly negligent behavior that results in someone’s death.
Firing a gun into the darkness and hitting someone can be manslaughter. Street racing, losing control of the car, and hitting a pedestrian
could be manslaughter. The resulting deaths were indeed accidents, but that person would still be alive if not for the reckless behavior of
their killer. Also, it’s important to remember that the deceased was not involved in the incident. They didn’t choose to be shot at in the dark,
and they weren’t a willing spectator in the street race.
Gross negligence and an unwilling participant, these are the components of an involuntary manslaughter case.
Penalties for Involuntary Manslaughter
In the state of Virginia, manslaughter charges are treated as a special case. While technically classified as a misdemeanor,
it is sentenced as a felony. The convicted can be sent to prison, not jail. Sentences can last as long as 5 year.
If a caretaker unintentionally kills a child under 12 then involuntary manslaughter is charged as an “unclassified felony” .
Unclassified felonies have a unique category, as they don’t meet certain standards that would make them Class 1, Class 2, etc.
This specific manslaughter charge can be penalised by up to 10 year in prison.
Civil Consequences
People charged with manslaughter are also open to a wrongful death lawsuit. Wrongful death is a kind of personal injury lawsuit,
which is a civil case. Unlike criminal court, civil court involves a transaction of money. One person is suing another for damages.
If the defendant loses, they aren’t sentenced to jail or fines; they are sentenced to paying a sum of money to the plaintiff.
Wrongful death suits are filed on behalf of the deceased, either by the executor of the will or by someone named in the deceased’s estate.
Plaintiffs are asking to be compensated for their pain and suffering or for income they lost because of the other person’s death.
When a criminal court finds someone “not guilty” of manslaughter, that person can still be sued in a wrongful death case.
Involuntary Manslaughter Defenses
Always remember that, in our system, people are innocent until proven guilty. No matter what the circumstances, defendants deserve their day in court.
They have the right to fight for their freedom. With the help of lawyers, the accused have many potential ways to defend themselves against
an involuntary manslaughter charge.
The Behavior Was Not Negligent
Sometimes no one is to blame for another’s death. Unfortunate accidents happen that could not be foreseen. Imagine a worker using a large,
spinning saw on the job. Suddenly, the blade dislodges and, flying from its own momentum, hits another worker and kills them.
The police may claim that an involuntary manslaughter occurred, but this will be hard to prove in court. If the worker was following all normal
safety regulations, it’s difficult to show that the coworker’s death was the result of gross negligence.
The Killing Was in Self-Defense
A self-defense argument is highly dependent on the situation. Arguing that you were protecting yourself from someone who was charging
at you may not work. However, if you weigh 90 lbs., and a 300-lb. body builder rushed you, a self-defense plea holds more validity.
When both individuals are proportionate to one another, it’s hard to show that you had no choice but to kill the attacker.
If the attacker had a gun, however, that tilts the attack’s outcome and its level of danger. A situation like that is much easier to argue as self-defense.
A good self-defense argument would likely involve a lack of intent. For example, someone may be holding a knife, swinging it, and telling
their attacker to go away. They were a fair distance from the assailant, and they were just trying to scare the assailant off.
Suddenly, their sweaty hands cause them to lose their grip on the knife, and it flies toward the attacker, killing them.
In this scenario, you can show that you never intended to make contact with the assailant and were simply acting in self-defense.
There Isn’t Enough Evidence
Like any other case, the police need reason to believe that the accused is the correct suspect. All evidence is subject to scrutiny.
Let’s say you’re charged with hitting a pedestrian while speeding. How are the police sure that you were speeding? What if it was night,
and the pedestrian was jaywalking and wearing dark clothing? The prosecution’s job is to demonstrate your guilt. If their evidence is weak,
it can be challenged in court.
Using a lack of evidence defense, a lawyer can also argue that the defendant was wrongfully accused. Perhaps someone was killed due
to another’s negligent driving, but the police simply arrested the wrong person. Security footage can be grainy or at odd angles.
Eyewitness testimonies are often easy to debunk. If two vehicles matching the same description were on the same road, do the police know
that yours was the one involved in an accident?
Voluntary Manslaughter
The words “voluntary manslaughter” are a little misleading. The phrase sounds like someone meant to commit manslaughter.
In reality, it means that the person’s harmful actions were voluntary, but the resulting death wasn’t. Voluntary manslaughter
usually refers to an assault. For example, two people are in a fight, and one of them goes too far. He begins beating the other
while they’re already down, and keeps the assault going. Eventually, the other person dies. Although the attacker did not intend
to kill the other person, he did intend to inflict damage. That intent is what separates involuntary and voluntary manslaughter.
If you’ve been accused of manslaughter, call me, Cornick Ndlovu, PLC, today at (540) 386-0204. You can also contact me online.
I am here to listen, and I want to defend Virginia residents in court.
Categories:
Criminal Defense,
Violent Crimes
=====================================================
---https://www.bjoneslegal.com/criminal-defense/violent-crimes/involuntary-manslaughter/
from google ( involuntary manslaghter sentence virginia ) result 5
Legal Defense for Your Future Proudly Representing Clients in the Charlottesville area
Involuntary Manslaughter Attorney in Charlottesville, Virginia
A charge of involuntary manslaughter comes with serious criminal penalties, including the possibility of prison time and a felony record.
However, the Commonwealth must prove all of the elements of the offense before you can be convicted.
If you or someone you care for has been charged with involuntary manslaughter in Virginia, Bryan J. Jones can provide you with the advice
you need to best protect your rights. Never assume that you will be found guilty just because you are charged with a crime.
Involuntary Manslaughter: What Is It?
Manslaughter is the killing of another human being when that killing is not premeditated. In Virginia, involuntary manslaughter occurs
when a person causes the death of another person unintentionally. Involuntary manslaughter is defined by Virginia case law and is not set
forth in any part of the Virginia Code.
Involuntary manslaughter can result from committing some unlawful act which is not a felony which results in another person's death.
It can also occur even if you commit a lawful act but perform it improperly in a way which is either criminally negligent or reckless.
Conduct which shows indifference towards human life and an awareness that death was a probable result of a person's actions qualifies
as criminal negligence.
What Is Criminal Negligence?
Criminal negligence is conduct which is more than a mere accident or misadventure. It requires a level of recklessness or some indifference
to the value of human life as demonstrated by a person's actions. Conduct which is "gross, wanton, or culpable as to show a reckless
disregard of human life" constitutes criminal negligence.
Example: John is driving safely and legally down the highway when one of his new tires bursts, causing him to lose control of his vehicle.
He tries everything in his power to regain control, slow down, and stop. However, he is unable to regain control of the car, which veers
into oncoming traffic. He slams into Pam's car, killing her instantly. Because his conduct was not gross, wanton, or anything except
an accident, he is unlikely to be determined to be "criminally negligent" in his conduct.
Example: Karen and her friend Nathan are racing their cars on the highway. Each is exceeding 100 miles per hour in their effort to reach
the end of the race. Karen attempts to squeeze in between two cars to get ahead in the race but does not have enough room. She hits both cars,
causing an accident. Two people die as a result. Her conduct shows a reckless disregard for the value of human life, and would be considered
"criminally negligent."
Difference Between Common Law and DUI-Related Involuntary Manslaughter
In Virginia Code § 18.2-36.1 the Commonwealth of Virginia has defined a specific type of involuntary manslaughter which occurs as a result of
driving under the influence of alcohol or drugs. DUI-related involuntary manslaughter carries with it different aspects which the prosecutor
must prove, and depending on the nature of the charge may carry enhanced criminal penalties.
Seek a Favorable Outcome
Penalties for Conviction
If you are convicted of involuntary manslaughter, you are convicted of a Class 5 felony.
The possible penalty ranges from 1 year in prison to 10 year in prison and a fine of up to $2,500.
You would also become a convicted felon, which would require you to answer "yes" to any question on a job application
that asks if you have ever been convicted of a felony. As a result, you may find it more difficult to successfully find employment.
Defenses to Involuntary Manslaughter Charges in Virginia
While every case is different, and different defenses may apply to your case, your Virginia criminal attorney can analyze the unique facts of
your case to present the best defense. Some of the following could be used to prevent or reduce your conviction.
Present Reasonable Doubt
The Virginia prosecutor is required to prove, beyond a reasonable doubt, each and every element of the charge of involuntary manslaughter.
Your criminal defense attorney can show that there are inconsistencies in the prosecutor's case, creating doubt in the mind of the jury.
Your attorney can also attempt to show that you were not the guilty party, or your conduct did not cause the deceased's death.
Challenge the "Criminally Negligent" Conduct
To be convicted of the crime of involuntary manslaughter under the common law, the Virginia prosecutor must prove that you were criminally negligent.
Your defense attorney can present evidence and testimony to challenge this aspect of the prosecutor's case, to instead show that the conduct
was accidental. If the conduct did not rise to the level of criminal negligence, the charge cannot stand.
Eyewitness Identification
In many cases, eyewitness identification can simply be wrong. A suspect may be innocent and be accused of a crime only because he or
she looks vaguely like the individual who actually committed the crime. With proper investigation and a challenge from your attorney,
the jury can see the many problems with eyewitness identification.
Further, police line-ups must conform to specific constitutional requirements. If the line up which was used to identify you was not
properly performed, that evidence against you could be suppressed.
Suppression of Certain Evidence
Suppression is a legal mechanism which excludes evidence which was wrongfully acquired by the prosecution. If law enforcement did not
follow the constitutional requirements for the collection of evidence, such as when a warrant is required, that evidence which was
wrongfully obtained can be excluded from your case. In some instances, this can result in the dismissal of your charges, especially if
the evidence excluded connected you in some way to the case.
Consult Your Virginia Criminal Defense Attorney
A felony conviction for involuntary manslaughter has serious consequences including substantial prison time. Understanding the case law which defines this charge is critical to your defense. An experienced Virginia attorney knows the common law and will use it to defend your case. Even if the police and prosecutor treat you like you are guilty, you still have legal rights and defenses.
Contact Virginia criminal defense attorney Bryan J. Jones to fight for your constitutional rights throughout the criminal process. He represents clients in Charlottesville, Albemarle, and the surrounding counties.
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---https://kgofirm.com/virginia-manslaughter-charges/
from google ( involuntary manslaghter sentence virginia ) result 6
Penalties for Involuntary and Voluntary Manslaughter Crimes in Virginia
Experienced Attorneys Ready to Fight for You
BOOK A FREE CONSULTATION
If you’re accused of involuntary or voluntary manslaughter in Virginia, you’re facing severe felony charges.
Conviction could mean substantial prison time and hefty fines. Yet, with the guidance of a skilled criminal defense lawyer,
you might pursue avenues to have the charges dropped or reduced to a lesser offense.
Virginia Voluntary Manslaughter
In Virginia, unlike many other states, the definitions of voluntary and involuntary manslaughter are established through case law rather
than statutory law. This distinction is often characterized as crimes committed in the heat of passion.
Voluntary manslaughter, under Virginia’s legal framework, involves the unlawful killing of another person without malice.
The act must be intentional but unplanned for it to constitute this offense. This charge typically arises when a person kills another
in the throes of provocation or intense emotional reaction. Instances where individuals might face charges of voluntary manslaughter include :
Engaging in an unexpected altercation that results in death.
Discovering a spouse with another individual and reacting with lethal force in a fit of anger.
Enduring domestic conflict or abuse from a partner at the time of the incident.
Acting in self-defense but deemed to have responded excessively in causing the death of the attacker.
Virginia Involuntary and Aggravated Involuntary Manslaughter
According to our state’s legal precedents, involuntary manslaughter is described as the unintentional killing of another person.
This act must occur during either an unlawful, but not felonious, act or a lawful act performed negligently. Examples of situations
where someone might face involuntary manslaughter charges include:
Firing a weapon into a crowded area, resulting in someone’s death.
Mistaking the accelerator for the brake pedal caused a fatal accident.
Causing a death while under the influence of alcohol or drugs, which often leads to involuntary manslaughter charges.
Moreover, if the accused’s behavior is deemed “so disgustingly reckless and morally blameworthy as to exhibit a callous disregard for human life,”
they may face aggravated manslaughter charges.
Punishments for Voluntary and Involuntary Manslaughter
Because voluntary and involuntary manslaughter constitute violent offenses, they face severe repercussions in our jurisdiction.
Both offenses are classified as Class 5 felonies, albeit with nuanced differences in sentencing. Convicted individuals face the following
potential penalties:
Voluntary Manslaughter: Those found guilty of voluntary manslaughter face imprisonment ranging from 1 year to 10 year , coupled with
a fine of up to $2,500. However, the presiding judge retains the authority to impose a jail term of less than 1 year instead of incarceration.
Involuntary Manslaughter: The punishment mirrors that of voluntary manslaughter, except for the absence of a minimum 1 year prison term.
Manslaughter While Intoxicated: If a person is found guilty of involuntary manslaughter while operating a vehicle under the influence,
additional sanctions may include license suspension & mandatory participation in an alcohol safety program, in addition to other possible penalties.
Aggravated Involuntary Manslaughter: Conviction for aggravated involuntary manslaughter carries significantly harsher consequences.
Convicted individuals must serve a minimum sentence of 1 year as required by law, extendable to a maximum of 20 year in prison.
Contact Our Skilled Criminal Defense Attorneys Today!
Are you or someone you care about facing voluntary, involuntary, or aggravated involuntary manslaughter charges in Virginia? Even if you feel you’re at fault, robust defenses might be available that could lead to the dismissal or reduction of these charges.
Our seasoned criminal defense lawyers stand prepared to guide you through your legal journey and devise a vigorous defense strategy to pursue the most favorable outcome. Call our Fairfax office today at (703) 988 3711 to schedule a free consultation to discover how our services can benefit you.
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---https://www.macdowelllawgroup.com/library/what-to-do-if-you-re-charged-with-manslaughter-in-virginia/
from google ( involuntary manslaghter sentence virginia ) result 7
Manslaughter Charges in Virginia: Understanding Your Options
Being charged with manslaughter is a truly terrifying experience. Felony charges are life-altering, and incredibly serious consequences loom.
Whether it’s voluntary or involuntary manslaughter, both are considered felony charges in Virginia. While these are less serious
than murder charges, you can still face a lengthy prison sentence and hefty fines if you are convicted. Working with the right attorney
and properly understanding the law can make a world of difference.
What Is Voluntary Manslaughter?
Under Virginia law, manslaughter is the act of killing another person unlawfully and without malice. Often termed as “a crime of passion,”
the crime of voluntary manslaughter means you must have acted intentionally.
While murder involves prior planning, voluntary manslaughter is defined as killing while there is a heated altercation or provocation.
It may also occur during a sudden fight where your instinct is to protect yourself from harm. One example of voluntary manslaughter
would be coming home and catching your spouse with another person and then fatally attacking them out of anger. The characteristics of
voluntary manslaughter in this case would be:
Entering the house without malice
Feeling provoked emotionally by what you discovered
Your actions were driven by passion
You intended to harm or kill
What Is Involuntary Manslaughter?
Involuntary manslaughter is accidentally killing another person. It could occur when you are both engaging in an unlawful act or
when you are following the law, but an accident occurs. Because both legal and illegal activity can be categorized as involuntary manslaughter,
various situations could be charged this way. 1 example is firing a gun near a crowd, and a stray bullet kills someone.
You did not intentionally kill that individual, but the act of opening fire is illegal. Another example would be hitting someone with your car.
You did not mean to harm anyone, but if it is proven that you were speeding, driving under the influence, or driving recklessly then
you could be charged with manslaughter.
The Consequences of Manslaughter in Virginia
In the state of Virginia, manslaughter is considered to be a class 5 felony. The penalty might differ slightly depending upon whether your crime
is determined to have been voluntary or involuntary. In most instances, if convicted, you will face 1 year to 10 year imprisonment
and/or a fine of up to $2500.
For involuntary manslaughter, penalty is almost exactly same—a maximum of 10 year in state prison, plus up to a $2500 fine.
However, some judges will extend leniency, and you will only be jailed for a maximum of 1 year in county jail.
If it is proven you committed manslaughter while driving intoxicated, your license will likely be suspended in addition to the penalties
mentioned above. You might also be required to attend an educational program focusing on alcohol safety.
One final penalty comes with “aggravated manslaughter.” Aggravated manslaughter is charged when it is believed that you acted in a manner
that displayed extreme disregard for human life and in which your actions caused death. Aggravated manslaughter is also usually charged
when following people are killed :
Children
elderly (including through neglect)
Disabled adults
Paramedics or firefighters
Police officers
If you’re convicted of aggravated manslaughter, you could face up to 20 years in prison, with 2 of that year mandatory.
Your license could also be permanently revoked if you committed the crime behind the wheel, and you could also be convicted of
other related homicide charges.
Potential Legal Defenses
While manslaughter is a devastating crime, it is possible to avoid jail time or fines if you have a strong legal defense.
There are a few common defenses an attorney might use to help you avoid serious consequences.
Self-Defense or Defending Others
If it can be proven that you killed out of either self-defense or protecting others from being killed, raped, or assaulted in any other way,
you could be found not guilty of manslaughter charges. In some instances, you will not be released from all charges,
but instead, the penalties will be reduced. One example of this would be killing another person because you believed they were a danger
even though they had not physically touched anyone yet, but you used excessive force that led to death.
Insanity
Pleading insanity sounds like a cliché defense we see on courtroom television dramas, but it is actually a common legal defense used
in manslaughter cases. If it can be proven that you cannot discern the difference between right and wrong, you could plead mental incompetence.
Accidental Killing
If you did not intend to kill someone, and your attorney can prove you did not intend harm, you could have your case dismissed.
An example of this would be an accident where it can be shown you were not acting negligently. Perhaps a piece of equipment failed,
or a person jumped out in front of your car so suddenly there wasn’t time to stop.
These are just a few examples of defenses used to help reduce or eliminate jail time or penalties when faced with manslaughter charges.
In order to know and understand all of your legal options, it is important to work with an experienced criminal defense lawyer.
Do You Find Yourself in Need of a Virginia Criminal Defense Lawyer?
If you've recently found yourself in need of an experienced criminal defense attorney in Virginia you should speak with us as soon as possible. Please contact us online or call our Fairfax, Virginia law office at 703.277.2811 to schedule your free consultation. We help clients throughout Washington D.C., Maryland and Virginia and look forward to helping you.
Related Links:
Understanding and Building a Defense Against Malicious Wounding Charges in Virginia
What are felony charges?
DUIs in Virginia Come With Serious Consequences
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---https://www.church.law/experience/criminal-defense/virginia-criminal-defense/dui-manslaughter-and-maiming/
from google ( involuntary manslaghter sentence virginia ) result 8
DUI MANSLAUGHTER CHARGES
DUI manslaughter charges and DUI maiming charges in Virginia cover crimes that occur when someone kills or injures another person
while driving under the influence of alcohol or narcotics. These are serious charges that carry serious penalties, but
a strong defense can help avoid a criminal conviction or result in a favorable plea deal to a lesser charge.
DUI Manslaughter Charges in Virginia
Virginia law generally treats DUI manslaughter the same way it treats involuntary manslaughter.
A person can be convicted of DUI manslaughter and face up to 10 years in prison if they unintentionally cause another person’s death
in an accident while driving intoxicated. However, if the defendant’s conduct was “so gross, wanton and culpable as to show a reckless disregard
for human life,” the defendant can be convicted of aggravated involuntary manslaughter and face up to 20 years in prison.
As a practical matter, any time a person dies in a car accident and there is even a scintilla of evidence suggesting that the other driver
was driving under the influence, the Commonwealth will generally charge the driver with the most severe offense available,
DUI manslaughter or aggravated DUI manslaughter. The sentencing guidelines used to calculate the recommended sentence in each case
vary dramatically depending on the charge of conviction. An individual with no record who is convicted of
aggravated DUI manslaughter will generally face a guidelines range of 3 years and 2 months, to 7 years and 8 months.
An individual convicted of regular DUI manslaughter with no record would face a sentencing guideline range of 10 months to 2 years and 10 months.
If the alleged victim died in a car accident due to a driver’s negligence and the presence of alcohol cannot be proven, the person can be charged
with involuntary manslaughter, which carries a recommended sentence of probation.
DUI Maiming Charges in Virginia
To be convicted of DUI maiming, the prosecution must prove that a driver under the influence of alcohol or narcotics caused a serious injury
to another person in a manner “so gross, wanton, and culpable as to show a reckless disregard for human life.”
Where it results in a serious but temporary injury, DUI maiming is a Class 6 felony with a sentencing range of 0-5 years.
Where the injury is permanent, however, DUI maiming is treated as a Class 4 felony, with a potential sentencing range of 0-10 years.
Defenses to DUI Manslaughter and DUI Maiming Charges in Virginia
Cases involving allegations of DUI manslaughter charges and/or DUI maiming charges can be defended on several grounds.
For example, a defendant can show that their driving was not the actual cause of a person’s injury or death. Like with lawsuits
involving car accidents and personal injuries, the prosecution will have to show that your driving under the influence caused
the accident or injury. An expert can also review the autopsy or medical records of the victim and determine
if there was another cause of death or injury besides the car accident.
A defendant can also show they were not actually intoxicated at the time of the car accident, such as by using an expert to prove
that any lab results are flawed or incorrect. A defendant can also point to other circumstances surrounding an accident,
such as negligence by other drivers or difficult road conditions, to prove their conduct was not “so gross, wanton, and
culpable as to show a reckless disregard for human life.”
Even in cases where the evidence is strongly against you, an experienced criminal defense attorney can also help you avoid the harshest penalties
by negotiating a more favorable deal with the prosecutor. For example, by attacking weaknesses in the prosecutor’s case or through
the presentation of mitigating evidence, such as expert analysis, you may be able to plead to a lesser offense, such as a regular DUI or
involuntary manslaughter. As long as the DUI manslaughter is not aggravated, a conviction for DUI manslaughter or involuntary manslaughter
is eligible for sealing and expungement after the defendant meets certain conditions.
Need a top criminal lawyer in Virginia for a DUI manslaughter charge? Contact us now for help.
Our criminal defense lawyers in Virginia understand how best to challenge serious DUI manslaughter charges in Virginia. We have helped dozens of people successfully resolve serious criminal charges in Virginia with pretrial dismissals, not guilty verdicts, and reasonable plea deals.
If you or someone you know is facing a DUI manslaughter or maiming charge in Virginia, contact us now for immediate help.
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---https://www.virginia-criminallawyer.com/virginia-homicide-lawyer/laws/
from google ( involuntary manslaghter sentence virginia ) result 9
Virginia Homicide Laws
In the state of Virginia, capital murder, murder in the first degree, murder in the second degree, voluntary manslaughter, and
involuntary manslaughter are all felonies. Section 18.2-30. With the exception of manslaughter, which, unlike many jurisdictions,
is still a common law crime in Virginia, the following murder crimes fall under Title 18.2, Chapter 4 (crimes against the person).
Visit the following link for more information about how a lawyer can help with homicide charges.
Capital Murder (Section 18.2-31)
Capital murder is a Class 1 felony, and encompasses specific circumstances surrounding murder that are deemed to be the most heinous felonies
one can commit in Virginia. Section 18.2-31. There are 15 different offenses that qualify as capital murder. Section 18.2-31.
An individual is guilty of capital murder if the individual intentionally, deliberately, and with premeditation :
Kills anyone while in the middle of an abduction or kidnapping (as under Section 18.2-48) with the intent of the abduction
to extort money or to defile the victim of the abduction;
Hires another to kill any person, and that person is successfully killed;
Kills anyone when the individual is a prisoner, or in the custody of an employee of a state or local correctional facility;
Kills anyone during a robbery or attempting to rob someone;
Kills anyone while or after a rape, forcible sodomy, object sexual penetration, or an attempt at any of those three sexual crimes;
Kills a law enforcement officer, a firefighter acting with police powers (see Section 27-34.2), or a deputy/auxiliary police officer,
when the killing is in order to stop the officer from performing the officer’s official duties;
Kills more than one person as part of the same act or transaction;
Kills at least two people within a three-year period;
Kills someone during a drug-related (see Section 18.2-248) crime involving a Schedule I or II controlled substance
(see list of controlled substance Schedules here);
Kills someone because the individual was ordered to by the individual’s boss, and the boss is part of a drug-related
criminal organization (see Section 18.2-248(I));
Kills a pregnant woman when the individual knows the woman is pregnant and intends to kill the unborn child;
Kills anyone under 14 when the individual is over 21 years old;
Kills anyone during an act of terrorism (see Section 18.2-46.4) or during an attempted act of terrorism;
Kills a judge to interfere with the judge’s performance of his/her official duties, or;
Kills a witness in a criminal case to prevent the witness from giving testimony or performing any other duties as a witness.
If an individual is guilty of capital murder, which is a Class 1 felony, and the individual is at least 18 year old and
not mentally retarded (see Section 19.2-264.3:1.1)– then the individual faces a felony conviction and death or life imprisonment,
with a possible fine of up to $100,000. Section 18.2-10(a). If an individual is guilty of capital murder and the individual is either
under 18 year old or mentally retarded, then the individual faces a felony conviction with life imprisonment and a possible fine of up to $100,000.
Section 18.2-10(a).
Murder in the 1st Degree (Section 18.2-32)
An individual is guilty of murder in the first degree if the individual (1) kills someone (2) in a manner not covered by capital murder,
by any of the following:
Poison, lying in wait, imprisonment, or starving, or;
Any intentional, deliberate, and premeditated killing, or;
While committing (or trying to commit) rape, forcible sodomy, object sexual penetration, robbery, burglary, or abduction.
Although (c) may seem very similar to some capital murder provisions, the difference is that capital murder offenses require the killing
to be intentional, deliberate, and premeditated even when the killing occurs in the midst of a different crime. Murder in the first degree
that falls under (c) above does not require premeditation, willfulness, or a deliberate character. Section 18.2-32. Likewise, a willful,
deliberate, and premeditated murder that does not meet any of the capital murder offenses would qualify as murder in the first degree. Section 18.2-32.
Murder in the first degree is a Class 2 felony. Section 18.2-32. Thus, an individual guilty of murder in the first degree faces 20 years to life
in prison and a possible fine of up to $100,000. Section 18.2-10(b).
Murder in the 2nd Degree (Section 18.2-32)
An individual is guilty of murder in the second degree if the individual murders someone and the murder does not meet the requirements of
either capital murder or murder in the first degree. Section 18.2-32. An individual guilty of murder in the second degree faces
a felony conviction with five to 40 years in prison. Section 18.2-32.
Murder of a Pregnant Woman (Section 18.2-32.1)
If an individual, (1) without premeditation, intentionally and deliberately kills a pregnant woman, when (2) the individual knows the woman
is pregnant and (3) intends to kill the fetus or unborn child, then the individual is guilty of this crime. Section 18.2-32.1.
If an individual is guilty of murdering a pregnant woman as described in this section, then the individual faces penalties of
a felony conviction and 10 year to 40 year in prison. Section 18.2-32.1.
Manslaughter (Sections 18.2-35; 18.2-36; 18.2-36.1)
In the state of Virginia, voluntary manslaughter and involuntary manslaughter are still common law offenses, which means they are not defined
in statutes. See Blythe v. Commonwealth, 222 Va. 722, 725, 284 S.E.2d 796, 797 (1981). However, voluntary manslaughter and involuntary manslaughter
are both punishable as Class 5 felonies. Sections 18.2-35; 18.2-36.
Voluntary vs. Involuntary Manslaughter
The Court of Appeals of Virginia used the following definition of voluntary manslaughter : “Voluntary manslaughter may be found upon evidence
that an intentional, non-malicious homicide occurred in sudden mutual combat or as a result of heat of passion induced by reasonable provocation.”
Couture v. Commonwealth, 51 Va. App. 239, 656 S.E.2d 425, 430 (2008) (citing John L. Costello, Virginia Criminal Law & Procedure Section 3.6-1,
at 64-65 (3d ed. 2002)).
In contrast, involuntary manslaughter is the unintentional killing of another human being. The Code of Virginia gives some guidance on conduct
that qualifies and is punishable as involuntary manslaughter. Section 18.2-36.1. Specifically, Section 18.2-36.1(A) states that an individual
who unintentionally causes someone’s death as a result of driving under the influence is guilty of involuntary manslaughter.
Manslaughter Penalties
As both voluntary and involuntary manslaughter are Class 5 felonies, an individual guilty of either manslaughter offense faces penalties of
a felony conviction with one to 10 years in prison, or, at the discretion of a jury or the court, a lessened penalty of up to 12 month
in jail and/or a fine of up to $2,500. Section 18.2-10(e).
Felony Homicide Section 18.2-33
In addition to the murder charges described above, it is possible for an individual to be charged with felony homicide.
Felony homicide occurs when an individual is committing a non-murder felony and someone is accidentally (against the wishes of
the individual committing the felony) killed. Section 18.2-33. Felony homicide is considered murder in the second degree and
thus has the same penalty– a felony conviction with 5 year to 40 year in prison. Section 18.2-33.
Attempted Murder Sections 18.2-25; 18.26
In the state of Virginia, attempting a felony is covered by separate sections of the criminal code.
The offense of attempting a felony is broken down by the maximum punishment of the felony being attempted.
When it comes to homicide offenses, the penalties for attempting homicide break down as follows :
If an individual is guilty of attempting capital murder, then the individual is guilty of a Class 2 felony and faces
a felony conviction 20 years to life in prison and a possible fine of up to $100,000.
If an individual is guilty of attempting murder in the first degree or murder in the second degree, then the individual is guilty of
a Class 4 felony and faces a felony conviction with two to 10 years in prison and a possible fine of up to $100,000.
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---https://www.greenspunlaw.com/library/when-a-dui-can-lead-to-dui-involuntary-manslaughter-charges.cfm
from google ( involuntary manslaghter sentence virginia ) result 10
DUI Involuntary Manslaughter Charges and Penalties in Virginia
You are facing serious charges if you are pulled over and arrested for DUI in Fairfax. If the offense caused a motor vehicle accident
resulting in an individual's death then you could be arrested for an even more serious charge - DUI involuntary manslaughter.
If convicted of DUI involuntary manslaughter, your punishment can include a large fine and a lengthy prison sentence.
What Is the Crime of Involuntary Manslaughter Related to DUI?
Under Virginia Code § 18.2-36.1, it is a crime to unintentionally cause the death of another person while driving under
the influence of alcohol or drugs. In order to be convicted of this offense, the prosecutor must prove the following elements beyond a reasonable doubt :
The driver was driving under the influence of alcohol, drugs, or a combination of both.
The driver unintentionally caused the death of another person.
How Unintentionally Causing the Death of an Individual Is Proven
In order to prove that the driver unintentionally caused the death of another person, the Commonwealth of Virginia must prove
that the death was caused by the driver’s driving under the lady bird deed michigan influence of drugs or alcohol.
It is insufficient for the prosecutor to just show that the person was intoxicated. To be convicted of DUI involuntary manslaughter,
it must be established that the death happened because of the effects that the alcohol or drugs had on the driver.
What Must Be Shown to Establish Driving Under the Influence
There are a number of ways that the Commonwealth can establish that the driver was under the influence of alcohol, drugs, or both.
One way is through the use of chemical breath and blood tests that show that the driver’s blood alcohol content (BAC) was above
the legal limit of 0.08 percent. If this is established, there would be a presumption that the driver was under the influence.
However, it is not required that the prosecutor prove that the driver had a certain level of alcohol or drugs in his system
for intoxication to be presumed. It may be sufficient that the impairment is observable, such as in the driver’s general appearance,
behavior, speech, or muscular movements. The prosecutor can prove this in a number of ways :
Slurred speech
Appearance of intoxication, such as glassy or bloodshot eyes
Driving behaviors, such as weaving or driving erratically
Failure to perform field sobriety tests
Driver’s admission of use of alcohol or drugs
Penalties for DUI Involuntary Manslaughter
An individual can be charged with both DUI and DUI involuntary manslaughter and can face punishments for both crimes if convicted.
DUI involuntary manslaughter is a Class 5 felony in Virginia. Upon conviction, a person can face these penalties :
Minimum prison sentence of one year up to a maximum of 10 years
Fine of up to $2,500
Seizure and forfeiture of the driver’s vehicle
Six demerit points on a person’s driving record
Indefinite revocation of the person’s driver’s license
In addition, a conviction would result in a permanent criminal record that can have many long-term consequences on a person’s life.
Aggravated Involuntary Manslaughter Charges and Penalties Related to DUI
Involuntary manslaughter can be charged as aggravated DUI involuntary manslaughter if, as a result of driving under the influence,
the driver unintentionally caused another's death and the driver’s conduct was “so gross, wanton and culpable as to show a reckless disregard
for human life.” Reckless disregard for a person’s life is referred to as criminal negligence.
Whether the conduct rises to the level of criminal negligence is judged objectively. It depends on whether the driver knew, or should have known, of
the potential consequences of his actions and pursued them anyway.
If convicted of aggravated involuntary manslaughter, a person can face even harsher penalties. The minimum punishment is 1 year in prison and
can be increased to up to a 20 year prison sentence. In addition, the sentence can include a fine of up to $2,500.
Retain an Experienced DUI Attorney in Fairfax
Have you been charged with DUI involuntary manslaughter in Fairfax or Northern Virginia? At Greenspun Shapiro Ginsberg & Yang PC, our experienced
DUI lawyers are committed to helping you mount a strong defense to the charges you face so that they are dismissed or reduced to a less serious charge.
To find out more about how we can help you, start an online chat or call our office to schedule your free consultation today.
Related Links:
DUI Felony Charges in Virginia
DUI and DWI Charges and Penalties
DUI Maiming Charges in Virginia
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---https://www.justice.gov/archives/jm/criminal-resource-manual-1537-manslaughter-defined from google ( involuntary manslaghter sentence ) result 6
Criminal Resource Manual
CRM 1500-1999
1537. Manslaughter Defined
Section 1112 of Title 18 define manslaughter as unlawful killing of a human without malice/plan .
there is 2 kind of manslaughter : voluntary and involuntary .
Voluntary manslaughter is punishable by imprisonment maximum 10 year or a fine under Title 18, or both, and
involuntary manslaughter is punishable by imprisonment maximum 6 year , a fine under Title 18, or both.
[cited in JM 9-65.300]
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---https://www.law.cornell.edu/uscode/text/18/3571 from google ( a fine under Title 18 ) result 1
(a) In General.—
A defendant who has been found guilty of an offense may be sentenced to pay a fine.
(b) Fines for Individuals.—Except as provided in subsection (e) of this section, an individual who has been found guilty of an offense
may be fined not more than the greatest of—
(1) the amount specified in the law setting forth the offense;
(2) the applicable amount under subsection (d) of this section;
(3) for a felony, not more than $250,000;
(4) for a misdemeanor resulting in death, not more than $250,000;
(5) for a Class A misdemeanor that does not result in death, not more than $100,000;
(6) for a Class B or C misdemeanor that does not result in death, not more than $5,000; or
(7) for an infraction, not more than $5,000.
(c) Fines for Organizations.—Except as provided in subsection (e) of this section, an organization that has been found guilty of an offense
may be fined not more than the greatest of—
(1) the amount specified in the law setting forth the offense;
(2) the applicable amount under subsection (d) of this section;
(3) for a felony, not more than $500,000;
(4) for a misdemeanor resulting in death, not more than $500,000;
(5) for a Class A misdemeanor that does not result in death, not more than $200,000;
(6) for a Class B or C misdemeanor that does not result in death, not more than $10,000; and
(7) for an infraction, not more than $10,000.
(d) Alternative Fine Based on Gain or Loss.—
If any person derives pecuniary gain from the offense, or if the offense results in pecuniary loss to a person other than the defendant, the defendant may be fined not more than the greater of twice the gross gain or twice the gross loss, unless imposition of a fine under this subsection would unduly complicate or prolong the sentencing process.
(e) Special Rule for Lower Fine Specified in Substantive Provision.—
If a law setting forth an offense specifies no fine or a fine that is lower than the fine otherwise applicable under this section and such law, by specific reference, exempts the offense from the applicability of the fine otherwise applicable under this section, the defendant may not be fined more than the amount specified in the law setting forth the offense.
(Added Pub. L. 98–473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 1995; amended Pub. L. 100–185, § 6, Dec. 11, 1987, 101 Stat. 1280.)
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---https://www.ussc.gov/policymaking/meetings-hearings/%C2%A72a13-voluntary-manslaughter from google ( involuntary manslaghter sentence ) result 8
§2A1.3 VOLUNTARY MANSLAUGHTER
1. Statutory Penalties. The statutory maximum for voluntary manslaughter is 10 years. Should the statutory maximum be raised, lowered, or
is it appropriate? If it should be changed, what should it be changed to?
The statutory maximums for relevant Chapter 2A offenses are:
First Degree Murder:Life
Second Degree Murder:Life
Involuntary Manslaughter:6 years
Kidnapping (death): Life
Aggravated Assault: 10 years
2a. Guideline Penalties. The base offense level for voluntary manslaughter is 25. The guideline range at Criminal History Category I without acceptance of
responsibility is 57- 71 months (with acceptance of responsibility, 41-51 months). Should the base offense level be raised, lowered, or is it appropriate?
If the guideline should be changed, what level and range would be appropriate? The base offense level (without including SOCs) for relevant Chapter 2A offenses and
their imprisonment ranges at Criminal History Category I are:
First Degree Murder:43 (life)
Second Degree Murder:33 (135-168)
Involuntary Manslaughter:10 or 14(6-12 or 15-21)
Kidnapping: 24 (51-63 months)
Aggravated Assault: 15 (18-24 months)
2b. If the base offense level is increased for voluntary manslaughter, should the base offense level for second degree murder (base offense level 33) be increased?
3. Aggravating factors. There are no specific characteristics for voluntary manslaughter. If specific offense characteristics should be added, please state what they should be and how many levels. Examples of possible characteristics could include prior similar conduct, alcohol, death of a child under 12 in defendants care, use of a deadly weapon/firearm, etc.
4. Departure. There is no application note for voluntary manslaughter suggesting a departure. Should there be an application note suggesting a departure? If so, what should the note state?
§2A1.4 INVOLUNTARY MANSLAUGHTER
1. Statutory Penalties. The statutory maximum for involuntary manslaughter is 6 years. Do you think the statutory maximum should be raised, lowered, or is it appropriate?
The statutory maximum for relevant Chapter 2A offenses are:
First Degree Murder:Life
Second Degree Murder:Life
Voluntary Manslaughter:10 years
Aggravated Assault: 10 years
2a. Guideline Penalties. The base offense level for criminally negligent involuntary manslaughter is 10. The guideline range at Criminal History Category I without acceptance of responsibility is 6-12 months imprisonment (with acceptance of responsibility, 0-6 months). Do you think the base offense level should be raised, lowered, or is it appropriate?
2b. The base offense level for reckless involuntary manslaughter is 14. The guideline range at Criminal History Category I without acceptance of responsibility is 15-21 months (with acceptance of responsibility, 10-16 months). Do you think the base offense level should be raised, lowered, or is it appropriate?
3. Aggravating Factors. There are no specific offense characteristics for involuntary manslaughter. If specific offense characteristics should be added, please state what they should be and how many levels. Examples of possible characteristics could include prior similar conduct, alcohol, death of a child under 12 in defendants care, multiple deaths, etc.
4. Multiple Counts. In a case involving multiple deaths, the application of the multiple counts rule at §3D1.4 results in a two-level increase for a second count of involuntary manslaughter, up to a maximum of five levels for five or more counts of conviction. Does this rule provide appropriate punishment for additional counts of involuntary manslaughter? If not, how might it be changed?
5. Departures. There is no application note for involuntary manslaughter suggesting a departure. Should there be an application note suggesting a departure? If so, what should the note state?
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---https://www.justice.gov/archives/opa/pr/bp-exploration-and-production-inc-agrees-plead-guilty-felony-manslaughter-environmental
from google ( justice.gov manslaughter felony ) result 2
BP Exploration and Production Inc. Agrees to Plead Guilty to Felony Manslaughter, Environmental Crimes and Obstruction
of Congress Surrounding Deepwater Horizon Incident
Thursday, November 15, 2012
For Immediate Release
Office of Public Affairs
BP Agrees to Pay a Record $4 Billion in Criminal Fines and Penalties
Two Highest-Ranking BP Supervisors on Deepwater Horizon Oil Rig
Charged with Manslaughter and Former Senior BP Executive
Charged with Obstruction of Congress
BP Exploration and Production Inc. (BP) has agreed to plead guilty to felony manslaughter, environmental crimes and obstruction of Congress and
pay a record $4 billion in criminal fines and penalties for its conduct leading to the 2010 Deepwater Horizon disaster that killed 11 people and
caused the largest environmental disaster in U.S. history, Attorney General Eric Holder announced today. The 14-count information,
filed today in U.S. District Court in the Eastern District of Louisiana, charges BP with 11 counts of felony manslaughter,
1 count of felony obstruction of Congress, and violations of the Clean Water and Migratory Bird Treaty Acts.
BP has signed a guilty plea agreement with the government, also filed today, admitting to its criminal conduct.
As part of its guilty plea, BP has agreed, subject to the Court’s approval, to pay $4 billion in criminal fines and penalties –
the largest criminal resolution in United States history.
“The $4 billion in penalties and fines is the single largest criminal resolution in the history of the United States and constitutes
a major achievement toward fulfilling a promise that the Justice Department made nearly two years ago to respond to the consequences of this epic environmental disaster and seek justice on behalf of its victims,” said Attorney General Holder. “We specifically structured this resolution to ensure that more than half of the proceeds directly benefit the Gulf Coast region so that residents can continue to recover and rebuild.”
“The explosion of the rig was a disaster that resulted from BP’s culture of privileging profit over prudence,” said Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division. “We hope that BP's acknowledgment of its misconduct – through its agreement to plead guilty to 11 counts of
felony manslaughter – brings some measure of justice to the family members of the people who died onboard the rig.”
“The oil spill was catastrophic for the environment, but by hiding its severity BP also harmed another constituency – its own shareholders and the investing public who are entitled to transparency, accuracy and completeness of company information, particularly in times of crisis,” said Robert Khuzami, Director of the U.S. Securities and Exchange Commission’s (SEC) Division of Enforcement. “Good corporate citizenship and responsible crisis management means that a company can’t hide critical information simply because it fears the backlash.”
In addition to the resolution of charges against BP, Robert M. Kaluza, age 62, of Henderson, Nev., and Donald J. Vidrine, age 65, of Lafayette, La. –
highest-ranking BP supervisors onboard Deepwater Horizon on 20 apr 2010 – are alleged to have engaged in negligent and grossly negligent conduct
in 23-count indictment charging violations of federal involuntary manslaughter and seaman’s manslaughter statutes and Clean Water Act.
David I. Rainey, 58, of Houston – a former BP executive who served as a Deputy Incident Commander and BP’s second-highest ranking representative at
Unified Command during the spill response – is charged with obstruction of Congress and making false statements to law enforcement officials.
A grand jury in the Eastern District of Louisiana returned the indictments against Kaluza, Vidrine and Rainey, which were unsealed today.
According to court documents, on April 20, 2010, while stationed at the Macondo well site in the Gulf of Mexico, the Deepwater Horizon rig experienced an uncontrolled blowout and related explosions. In agreeing to plead guilty, BP has admitted that the two highest-ranking BP supervisors onboard the Deepwater Horizon, known as BP’s “Well Site Leaders” or “company men,” negligently caused the deaths of 11 men and the resulting oil spill. The information details that, on the evening of April 20, the two supervisors, Kaluza and Vidrine, observed clear indications that the Macondo well was not secure and that oil and gas were flowing into the well. Despite this, BP’s well site leaders chose not to take obvious and appropriate steps to prevent the blowout. As a result of their conduct, control of the Macondo well was lost, resulting in catastrophe.
Kaluza and Vidrine each are charged with 11 felony counts of seaman’s manslaughter, 11 felony counts of involuntary manslaughter and one violation of the Clean Water Act. If convicted, Kaluza and Vidrine each face a maximum potential penalty of 10 years in prison on each seaman’s manslaughter count, up to eight years in prison on each involuntary manslaughter count, and up to a year in prison on the Clean Water Act count.
The information charging BP further details that the company, through senior executive Rainey, obstructed an inquiry by the U.S. Congress into the amount of oil being discharged into the Gulf while the spill was ongoing. As part of its plea agreement, BP has admitted that, through Rainey, it withheld documents and provided false and misleading information in response to the U.S. House of Representatives’ request for flow-rate information. Among other things, BP admitted that Rainey manipulated internal estimates to understate the amount of oil flowing from the well and withheld data that contradicted BP’s public estimate of 5,000 barrels of oil per day. BP has also admitted that, at the same time Rainey was preparing his manipulated estimates, BP’s internal engineering response teams were using sophisticated methods that generated significantly higher estimates. The Flow Rate Technical Group, consisting of government and independent scientists, later concluded that more than 60,000 barrels per day were leaking into the Gulf during the relevant time, contrary to BP’s representations to Congress.
Rainey is charged with one count of obstruction of Congress, and one count of making false statements to law enforcement officials. If convicted, Rainey faces a maximum potential penalty of five years in prison on each count.
The criminal resolution is structured such that more than half of the proceeds will directly benefit the Gulf region. Pursuant to an order presented to the Court, approximately $2.4 billion of the $4.0 billion criminal recovery is dedicated to acquiring, restoring, preserving and conserving – in consultation with appropriate state and other resource managers – the marine and coastal environments, ecosystems and bird and wildlife habitat in the Gulf of Mexico and bordering states harmed by the Deepwater Horizon oil spill. This portion of the criminal recovery will also be directed to significant barrier island restoration and/or river diversion off the coast of Louisiana to further benefit and improve coastal wetlands affected by the oil spill. An additional $350 million will be used to fund improved oil spill prevention and response efforts in the Gulf through research, development, education and training.
In addition to the historic $4 billion in criminal fines and penalties, BP has agreed as part of its guilty plea to retain a process safety and risk management monitor and an independent auditor, who will oversee BP’s process safety, risk management and drilling equipment maintenance with respect to deepwater drilling in the Gulf of Mexico. BP is also required to retain an ethics monitor to improve BP’s code of conduct for the purpose of seeking to ensure BP’s future candor with the United States government.
The United States continues to pursue a civil action to recover civil penalties under the Clean Water Act and hold BP and other defendants liable for natural resource damages under the Oil Pollution Act. A trial on liability matters is scheduled to begin in February 2013, during which the United States will seek to establish that the spill was caused by BP’s gross negligence. BP could face billions of dollars of additional exposure in the civil lawsuit.
The guilty plea agreement and charges announced today are part of the ongoing criminal investigation by the Deepwater Horizon Task Force into matters related to the April 2010 Gulf oil spill. The Deepwater Horizon Task Force, based in New Orleans, is supervised by Assistant Attorney General Breuer and led by Deputy Assistant Attorney General John D. Buretta, who serves as the director of the task force. The task force includes prosecutors from the Criminal Division and Environment and Natural Resources Division of the Department of Justice; the U.S. Attorney’s Office for the Eastern District of Louisiana, as well as other U.S. Attorneys’ Offices; and investigating agents from the FBI, Environmental Protection Agency, Department of Interior, National Oceanic and Atmospheric Administration Office of Law Enforcement, U.S. Coast Guard, U.S. Fish and Wildlife Service and the Louisiana Department of Environmental Quality.
Today, the SEC simultaneously resolved civil securities fraud charges with BP in a $525 million settlement. The Justice Department also acknowledges and expresses its appreciation for the significant assistance provided by the SEC’s Division of Enforcement.
These cases are being prosecuted by Deepwater Horizon Task Force Deputy Directors Derek A. Cohen and Avi Gesser, and task force prosecutors Richard R. Pickens II, Scott M. Cullen, Colin Black, Edward Kang and Rohan Virginkar.
An indictment or information is merely a charge and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
Due to public interest in this case, the Department of Justice is releasing documents that may not be in an accessible format. If you have a disability and the format of any material on the site interferes with your ability to access some information, please email the Department of Justice webmaster at webmaster@usdoj.gov or contact Michael Passman at 202.514.2007. To enable us to respond in a manner that will be of most help to you, please indicate the nature of the accessibility problem, your preferred format (electronic format (ASCII, etc.), standard print, large print, etc.), the web address of the requested material, and your full contact information so we can reach you if questions arise while fulfilling your request.
Portable Document Format (PDF) files may be viewed with a free copy of Adobe Acrobat Reader.
Related Materials:
BP Guilty Plea
BP Information
Kaluza Vidrine Indictment
Rainey Indictment
Assistant Attorney General Lanny A. Breuer Speaks at the BP Press Conference
Updated February 5, 2025
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---https://www.justice.gov/archives/jm/criminal-resource-manual-1934-appendix-d-grounds-judicial-deportation
from google ( justice.gov manslaughter felony ) result 9
1934. Appendix D -- Grounds For Judicial Deportation
Outdated—pending revision.
A judicial order of deportation can be requested only if the offense for which the alien will be sentenced renders such alien deportable on one or more of the following grounds:
Crime of Moral Turpitude, 8 U.S.C. § 1251(a)(2)(A)(i)
The alien must be convicted of a crime involving moral turpitude committed within five years after the date of entry, and sentenced to confinement or confined therefor for one year or longer. Although the conviction must occur within five years of entry, any entry into the United States may be used to support the charge of deportability.
The term "involving moral turpitude" is difficult to define with precision. However, a challenge to this designation as being unconstitutionally vague has been rejected.
Chu v. Cornell, 247 F.2d 929 (9th Cir. 1957), cert. denied 355 U.S. 892 (1958). Administrative case law has characterized moral turpitude as "a nebulous concept, which refers generally to conduct that shocks the public conscience." Obviously, offenses such as murder, voluntary manslaughter, kidnaping, robbery, and aggravated assaults involve moral turpitude. However, assaults not involving dangerous weapons or evil intent have been held not to involve moral turpitude. Conspiracy, attempt, or being an accessory involves moral turpitude if the underlying offense involves moral turpitude. There is administrative and judicial case law holding that any crime having as an element the intent to defraud is a crime involving moral turpitude. See Gordon and Mailman, Immigration Law and Procedure, § 75.05[1][d].
A sentence of confinement of one year or more is sufficient even if the sentence is entirely suspended. However, a single crime of moral turpitude in which a sentence of less than one year is imposed would not be a ground for deportation under section 1252(a)(2)(A)(i), but the same offense might provide a basis for deportability as an aggravated felony.
Multiple Criminal Convictions, 8 U.S.C. § 1251(a)(2)(A)(ii)
A conviction for 2 or more crimes involving moral turpitude at any time after entry would render an alien deportable, so long as the offenses did not arise out of
a single scheme, and regardless of whether the alien was confined therefor. Conceivably, two misdemeanor convictions, not arising out of a single scheme, for crimes
involving moral turpitude would make an alien deportable under this provision.
Aggravated Felony 8 U.S.C. § 1251(a)(2)(A)(iii)An alien convicted of an "aggravated felony," as defined in 8 U.S.C. § 1101(a)(43), is deportable.
The Immigration and Nationality Technical Corrections Act of 1994 expanded the number of aggravated felony offenses. (Some, but not all aggravated felonies,
would also be crimes involving moral turpitude.) Aggravated felonies now include :
murder;
illicit trafficking in a controlled substance;
illicit trafficking in firearms, destructive devices, or explosive materials;
money laundering or engaging in a monetary transaction in property derived from specific unlawful activity if the amount of the funds exceeded $100,000;
offenses described in various sections of Title 18 relating to explosive materials or firearms;
crimes of violence for which the term of imprisonment imposed is at least 5 years;
crimes of theft or burglary for which the term of imprisonment imposed is at least 5 years;
offenses described in various sections of Title 18 relating to the demand or receipt of ransom;
offenses described in 18 U.S.C. § 2251, 2251A, or 2252 relating to child pornography;
an offense described in 18 U.S.C. § 1962 relating to investing income derived from racketeer-influenced organizations;
offenses relating to owning, controlling, managing, or supervising a prostitution business or an offense described in various sections of Title 18 relating to slavery, peonage, and involuntary servitude;
offenses relating to gathering or transmitting national defense information, disclosing of classified information, treason, or intentionally disclosing the identity of undercover intelligence agents;
offenses involving fraud in which the loss to the victim exceeds $200,000, or tax evasion in which the revenue loss to the government exceeds $200,000;
an offense relating to alien smuggling for commercial advantage;
an offense under 18 U.S.C. § 1546(a) which constitutes trafficking in fraudulent documents for which the term of imprisonment imposed is at least 5 years;
an offense relating to failure to appear by a defendant for service of sentence if the underlying offense is punishable by imprisonment for a term of 15 years or more; and
any attempt or conspiracy to commit one of the above offenses.
NOTE: The various other grounds for deportation set forth in 8 U.S.C. § 1251 do not provide a basis for a request for a judicial order of deportation.
[cited in Criminal Resource Manual 1926; JM 9-73.500]
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---https://arechigo-stokka.com/blog/murder-vs-manslaughter-mn/#Minnesota_Murder_vs_Manslaughter_Statutes
from google ( third degree murder vs manslaughter ) result 3
Murder vs Manslaughter | What Is the Difference Between Murder and Manslaughter in Minnesota?
Feb 23, 2025 | Posted by John Arechigo | Read Time: 3 minutes
In most states, there is a difference between manslaughter and murder.
In Minnesota, if an individual causes the death of another, they may face manslaughter or murder charges, depending on the facts and circumstances.
The state will analyze the circumstances surrounding the homicide and determine whether to file murder or manslaughter charges.
Manslaughter and homicide are distinct types of unlawful killings. Manslaughter is an unintentional killing, which may result from an emotional response (voluntary) or negligence (involuntary). Homicide refers to any unlawful killing, including murder, and can also cover cases like self-defense where the killing is not criminal.
The circumstances of a homicide will also dictate the degree of the alleged crime.
Homicide vs Murder
Manslaughter and homicide differ in criminal law. Manslaughter refers to unintentional killings, which can be voluntary (due to emotional reactions) or involuntary (due to negligence). Homicide includes all unlawful killings, such as murder, as well as non-criminal cases like self-defense. This includes scenarios beyond intentional killings, such as accidental deaths or acts without premeditation, like manslaughter.
Minnesota Murder vs Manslaughter Statutes
Murder versus manslaughter minnesota arechigo and stokka
Manslaughter vs murder differ primarily in the intent and circumstances surrounding the act of killing.
In manslaughter, the killing occurs without premeditation or intent, often in the heat of the moment or due to reckless behavior.
Conversely, murder involves the deliberate planning and intention to cause death.
Understanding the distinction between the two is crucial in legal contexts, as it determines the severity of the charges and potential consequences.
Murder
You can be charged with first, second, or third-degree murder in Minnesota.
First Degree Murder
Murder in the first degree is the most severe homicide offense. First-degree murder is intentional killing of a person with willful,
deliberate planning/premeditation. The 2 types are premeditated intent to kill and felony murder.
criteria : (1)with plan (2)intent to kill
The main difference between first-degree murder and second-degree murder is the element of premeditation, also known as forethought or planning.
Second Degree Murder
Second-degree murder involves intentional homicide or extreme recklessness. It may also include deaths occurring during another felony.
there is no planning/premeditation .
criteria : (1)without plan (2)intent to harm not kill
Third Degree Murder
Third degree murder refers to unintentionally causing someone’s death through dangerous act committed with a depraved mind,
showing complete disregard for human life. This include deaths caused by selling or administering a Schedule I or II controlled substance.
3rd Degree Murder vs Manslaughter
The main difference between 3-rd-degree murder and manslaughter is intent and legal classification.
3-rd-degree murder contain reckless actions showing a disregard for life, often with implied malice.
Manslaughter lacks malice and include voluntary killing in the heat of passion or involuntary death caused by negligence or recklessness.
This charge is commonly filed in cases of drug overdose deaths if the state thinks there’s evidence that someone gave or sold the deceased
the controlled substance that caused the overdose death.
Manslaughter
In Minnesota, you can be charged with first or second-degree manslaughter.
First Degree
Under Minnesota law, first-degree manslaughter occurs when an individual :
Intends to cause the death of another person; and
Was provoked by words or actions that would provoke any ordinary reasonable person under similar circumstances.
This is often referred to as a crime of passion or killing in the heat of passion.
The classic example of a heat of passion killing is when an individual walks in on their spouse cheating and kills their spouse or
lover in the heat of passion.
Second Degree
In Minnesota, involuntary manslaughter is classified as second-degree manslaughter.
A person is guilty of second-degree manslaughter if their reckless or negligent actions result in the death of another person.
This can be a common charge in cases involving fatal car accidents.
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---https://manshoorylaw.com/blog/difference-between-1st-2nd-and-3rd-degree-murders/
from google ( first degree vs second degree vs third degree murder ) result 2
publish-date : 7 mar 2024
scriber : Shaheen Manshoory
Difference Between 1st, 2nd, and 3rd-Degree Murders?
There are various legal terms that can be confusing to those with limited experience of legal matters. Murder, for instance, is divided
into 3 different categories : first-degree murder, second-degree murder, and third-degree murder. What are 1st 2nd and 3rd-degree murders,
and what is the difference between 1st and 2nd-degree murders compared to 3rd-degree murder? This guide will help cover all of the different types of murder to help you understand.
difference between 1st and 2nd-degree murders
Differences Between Murder Charges
In order to comprehend the difference between 1st 2nd and 3rd-degree murders, it’s vital to have a clear definition of each type. From a federal perspective, it’s important to note that, in general, murder is prosecuted in state courts as a state crime. It is not usually classed as a federal crime.
However, murder can become a federal crime if it violates federal law or occurs on federal land. An example of this would be the murder of a federal judge. Federal murder cases can be either first degree or second degree and may lead to punishments like life imprisonment or the death penalty.
First Degree Murder
California law defines murder as “unlawful killing of a human being, or a fetus, with malice aforethought“. First-degree murder is the most serious form of murder, and in California, any murders that are committed with intent and premeditation are classified as a first degree.
The Elements of First Degree Murder
In order to classify murders in different degrees, criminal law highlights various elements or aspects to take into consideration. A 1st-degree murder must have three key aspects:
Intent: A 1st-degree murder must be committed with some sort of intent to kill the person. The murderer must therefore have attacked or harmed their victim with the purpose of ending their life or doing evil.
Deliberation and Premeditation: Deliberation and premeditation are essential parts of quantifying a first-degree murder. This type of crime must be purposeful and planned out, rather than simply occurring in the heat of the moment.
“Malice Aforethought”: “Malice aforethought” is a legal term that basically means that a person who committed the murder did so with an intent to kill and a general disregard for human life.
Enumerated First Degree Murders
In order to simplify the classification of murder charges, many states, including California, have enumerated first-degree murder offenses in order to simplify the conviction process. In California, examples of these charges include drive-by shootings and gang-related murders.
what is 1st 2nd and 3rd degree murders
First Degree Murder Sentencing and Penalties
As stated earlier, first-degree murders often have some of the strongest punishments, and this can be a big difference between 1st and 2nd-degree murders. In California, the punishment for this crime is death or imprisonment in the state prison for life without the possibility of parole, provided certain factors are met.
Aggravating Factors
There are certain factors that might allow a defendant to be charged with the harshest possible sentence in California. These are called “aggravating factors” and include things like:
The defendant has already committed one or multiple murders in the past
The victim was a police officer, judge, witness, prosecutor, or juror
The killing occurred in conjunction with another violent crime like rape
The Death Penalty
The death penalty may be a possible punishment for those who have been convicted of first-degree murder, and this is the case in California.
Life without the Possibility of Parole
People with a first-degree murder conviction may also face life in prison without any chance of parole.
Lesser Sentences
In some situations, those with this type of conviction may face reduced sentences of around 25 years in prison, depending on the precise nature and surrounding factors of the crime.
first degree murder
Second Degree Murder
2nd-degree murder or second-degree manslaughter is still a very serious crime but is a step down in severity when compared to 1st degree.
In general terms, 2nd-degree murder doesn’t have any kind of premeditation and may only have been intended to cause harm, rather than death.
In California, the term second-degree murder is applied to all murders that do not qualify under the category of first-degree murder. The state defines second-degree murder as any type of unlawful killing that is done with malice aforethought but without premeditation.
Intentional Killings Without Premeditation
One of the defining aspects of a second-degree manslaughter or murder charge is that there isn’t any sort of plan or premeditation on behalf of the killer. Even if they intend to kill someone at the moment of the crime, it may simply occur in the heat of the moment and isn’t something that they planned out in advance.
Intent to Cause Only Serious Bodily Harm
This is another factor that might define second-degree murder. The defendant might not have actually intended to kill their victim. Instead, they may have only had the intent to cause serious bodily harm.
Extreme Indifference to Human Life
Another type of second-degree murder is when a victim dies because the defendant showed an extreme level of indifference for their life.
Felony Murder
Felony murder is when someone is killed during the course of a felony, like a robbery. This can be classed as both first-degree and second-degree murder in California.
second degree murder
Second Degree Murder Penalties and Sentencing
The sentencing for second-degree murders can vary from 15 years to life in prison in California.
Aggravating and Mitigating Factors for Second Degree Murder
A range of aggravating and mitigating factors can come into play during sentencing. Aggravating factors like cruel or brutal acts and previous convictions could increase the severity of the sentence. Mitigating factors like mental illness or a troubled childhood can reduce the severity of the sentence.
Second Degree Murder Sentencing Procedure
The procedure for sentencing in this kind of crime will depend on the location, the nature of the crime, and other factors. Usually, a court hearing will be held to find out more about the case and weigh up the factors, before sentencing is issued.
Third-Degree Murder
There is no such thing as third-degree murder under California law. California only recognises 3 types of murder charges :
first degree , second degree , capital murder. The idea of a third-degree murder charge only exists in 3 states : Florida , Pennsylvania , Minnesota.
What Is the Difference Between Third-Degree Murder and Manslaughter?
On the face of it, 3rd-degree murder and manslaughter are very similar, but the states in which third-degree murder charge can apply
differentiate between them in different ways.
For example, in Minnesota, someone must act with disregard for human life and a depraved mind to be charged with 3rd-degree murder,
but will only face manslaughter charges if they were aware of the risks to another life but went ahead with their actions anyway,
such as vehicular manslaughter or driving under influence – causing death to another person.
Penalties for Third Degree Murder
The penalties for this crime vary based on location. In Florida, the penalty can be up to 15 years imprisonment and fines of up to $10,000.
In Minnesota, defendants can be sentenced to 25 years behind bars and $40,000 fines. In Pennsylvania, the maximum sentence is 40 years in prison,
and the penalties for this crime are similar to penalties for attempted murder or voluntary manslaughter.
third degree murder
What Is the Difference Between First, Second, and Third-Degree Murder?
This guide has shown what is 1st 2nd and 3rd degree murders, and after understanding the unique aspects of each one, it’s much simpler to find
the differences between them. The main differences are the severity of the crime itself and the severity of the punishment received.
First-degree murders are the most serious and punished accordingly, involving premeditated murder and intentional murder.
Second-degree murders are the next step down but still involve intent to harm or to kill.
Third-degree murders are the lowest level of criminal homicide but can still result in serious sentences.
A Los Angeles murder defense lawyer can help you learn more about the different types of unlawful killing charges,
while a resentencing lawyer can help those who have already been convicted to appeal for a lesser sentence.
It’s vital to get proper legal aid when dealing with these sorts of charges.
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---https://www.floridahardhatlaw.com/murder-vs-manslaughter/ from google ( third degree murder vs manslaughter ) result 8
Murder vs. Manslaughter
CrimJustice
If you kill someone, whether it be on purpose or on accident, you could be charged with a crime. The crime you will be charged with will depend on the circumstances. Two main crimes under this category are murder and manslaughter.
Under Florida Statutes 782.04, murder is defined as the unlawful killing of a human being in a premeditated fashion. Premeditation is the act of planning beforehand, so murder means that the killing of another human being was planned. It was not an accident.
Manslaughter, on the other hand, refers to the death of someone that was not planned in advance. There are two types of manslaughter in Florida: voluntary and involuntary. Voluntary is more severe than involuntary manslaughter, but it is not as serious as murder. While it is not premeditated, it typically occurs in the heat of passion. An example would be killing a person who you catch having sex with your spouse.
Involuntary manslaughter involves killing someone due to negligence. A common example is driving while under the influence and causing an innocent victim to die.
Penalties
The penalties for murder and manslaughter depend on the circumstances. In Florida, murder is classified into degrees:
First-degree murder. The killing was planned and carried out with forethought, or the killing occurred during the commission of certain felonies, such as robbery or sexual assault, even if the death was unintentional. The penalty is life imprisonment without parole or the death penalty.
Second-degree murder. This is when the killing was not premeditated but resulted from an act that showed a disregard for human life. Another example would be a death that occurs during certain felonies, where the perpetrator was not the killer but was an accomplice. The penalty is up to life imprisonment.
Third-degree murder. This occurs when a person unintentionally causes the death of another while committing non-violent felony .
The penalty is up to 15 years in prison.
Manslaughter involves the unlawful killing of another person without any preplanning. Florida law distinguishes between voluntary and involuntary manslaughter:
Voluntary manslaughter. This includes a killing that occurs in the heat of passion due to adequate provocation. This also includes imperfect self-defense, which means the killing occurs when the perpetrator believes they need to defend themselves but the belief is unreasonable. The penalty is up to 15 years in prison.
Involuntary manslaughter. This is when the killing results from negligent or reckless conduct without intent to kill or when the killing occurs during the commission of a misdemeanor. The penalties are up to 15 years in prison for a second-degree felony or up to five years in prison for a third-degree felony.
Contact Us Today
Murder and manslaughter both involve someone’s death, but they vary in terms of how the crime is committed. The penalties are also different.
If you have been accused of either of these crimes, you should seek legal help right away. A Florida criminal defense lawyer from Linkhorst Law Firm can help. We can help you plan the right defense for your situation. Schedule a consultation today by filling out the online form or calling 561-626-8880.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0782/Sections/0782.04.html
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By Linkhorst Law Firm, P.A. | Posted on August 20, 2024
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---https://en.wikipedia.org/wiki/Murder
...Generally, second-degree murder is common law murder, and first-degree is an aggravated form...
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---https://scwestonlaw.com/how-is-capital-murder-differentiated-from-first-degree-murder-in-virginia/
from google ( aggravated murder same as first degree murder ) result 7
By: Law Office of Seth C Weston
Mar 11, 2024
How Is Capital Murder Differentiated from First-Degree Murder in Virginia?
Criminal Defense
What is Considered Capital Murder in Virginia?
Virginia abolished capital murder in 2021. All charges that were listed as capital murder were renamed Aggravated Murder. These crimes remain some of the most serious in Virginia, and still require an experienced criminal attorney. No changes were made to first-degree murder, second-degree murder, and voluntary and involuntary manslaughter, and all are felony crimes in the state of Virginia. Unlike many other state jurisdictions, manslaughter is still considered a common law crime in Virginia. Most all murder charges are listed under Title 18.2, Chapter 4 in Virginia law.
One important distinction is the difference between state and federal charges. Capital Murder still exists under federal law. So it is still possible to be charged with Capital Murder under applicable federal law in the federal courts in Virginia. It, too, is one of the most serious charges under federal law. If you are charged with capital murder in federal court, you need to retain an experienced criminal attorney as soon as possible.
Aggravated Murder (formerly Capital murder) is a Class 1 felony under Virginia law. This type of murder stems from the act of willful, premeditated, and intentional actions that were committed under specific circumstances to bring about the end of another person’s life.
In Virginia, Aggravated murder applies to the following situations :
Being at least 21 years old and killing a person younger than age 14.
Death caused during a robbery or attempted robbery.
Killing a witness in a court case after the witness has received a subpoena to appear.
Killing another person while committing or attempting an act of terrorism.
Killing another person while under the express orders of a third party who is engaged in a criminal enterprise or other illegal venture.
Murder committed as a paid hitman or assassin.
Murder committed during an abduction with the plan to extort money or otherwise the file via abductee.
Murder resulting from rape and other types of sexual assault.
Murder while incarcerated in a state or local correctional facility.
Murdering a judge to prevent them from fulfilling their legal duties.
Murdering a pregnant woman while aware of the pregnancy for the purpose of causing an involuntary termination of the victim’s pregnancy.
The killing of a law enforcement police officer, fire marshal, auxiliary police officer, or deputy sheriff in order to prevent them from fulfilling their law enforcement duties.
The killing of another individual while in the act of committing or attempting to commit a violation of specific types of controlled substances and with the objective of committing a crime.
The killing of more than one person in a single criminal act or the killing of multiple people within a three-year time period.
Those convicted of Aggravated Murder in Virginia shall face serious penalties, which may include a mandatory life sentence in prison. Additionally, those convicted of capital murder crimes may face fines of up to $100,000.
If you are involved in an Aggravated Murder (formerly Capital murder) case, it is vitally important that you retain professional legal representation from experienced criminal defense attorneys. Our law firm has years of experience representing clients with complex criminal legal matters, including capital murder charges. Please contact us to schedule an in-depth case evaluation with our highly skilled and motivated legal team.
What is First-Degree Murder in VA?
Murder in the first degree is a Class 2 felony. First-degree murder charges can be filed against the accused when the killing does not meet the requirements for an aggravated murder charge. Under Virginia law, first-degree murder is defined as murder other than aggravated murder.
Additionally, the following criteria must be met in order for the murder to be considered first-degree murder under Virginia law:
The murder was committed by poisoning, imprisoning, lying in wait to attack, or starving a victim.
The murder was committed while committing or attempting to commit abduction, burglary, arson, robbery, forcible sodomy, or using a foreign object for sexual penetration.
The murder was willful, premeditated, and deliberate.
If convicted of murder in the first degree, the accused could be sentenced to life in prison and required to pay fines up to $100,000.
How Does Aggravated Murder Differ from First-Degree Murder?
Aggravated murder and first-degree murder are similar in many ways. The specific list of what is Aggravated Murder is the defining difference
between it and First Degree Murder. Both require a killing that is willful, deliberate and premeditated for many of the specific acts,
but First Degree Murder does not specifically require that for murder by poison, lying in waive, imprisonment or starving.
In order to secure an aggravated murder conviction, many of the specific listed crimes require the prosecutor to prove that the killing was deliberate, intentional, and premeditated and the murder occurred in the context of committing another criminal offense. Pre-planning the murder for a specific amount of time before doing it is not necessarily a prerequisite, as premeditation can occur mere seconds prior to the murder itself. If the prosecution is unable to prove deliberate intent and premeditation, they may only be able to pursue first or second-degree murder charges in Virginia.
What is Second-Degree Murder?
Any murder that does not rise to the level of aggravated murder or first-degree murder criteria shall be charged as murder in
second degree in the state of Virginia. Second-degree murder cases often involve attempted murders and killings that were done
in the heat of the moment with no pre-planning or premeditation.
If convicted of murder in the second degree, the defendant could face between five to 40 years in prison, as well as a maximum fine of up to $100,000.
What is Felony Murder?
If you purposely or accidentally kill someone in the act of committing another felony, that killing could be considered murder.
The act of accidentally killing someone while in the process of committing a separate felony is punishable as second-degree murder, for which a person could be sentenced up to 40 years in prison.
What is Manslaughter?
Virginia recognizes both voluntary and involuntary manslaughter under the law. Both crimes are class 5 penalties unless there are other circumstances tacked on to the crimes. Manslaughter does not require intent.
Penalties for manslaughter could include up to a decade in prison and fines of up to $2,500. If aggravating circumstances apply, these penalties increase to up to twenty years in prison.
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---https://en.wikipedia.org/wiki/Capital_murder
...
capital murder in the United States usually means murder involving one or more of the following factors:
The victim is a police officer, firefighter, paramedic or similar public safety professional and was killed while on duty
The victim is killed during the commission of another violent felony, such as armed robbery, kidnapping, arson, etc. (felony murder)
The victim is tortured, raped or sexually assaulted, particularly if the victim is a child
Multiple murders are committed pursuant to one another[citation needed]
Murder-for-hire [citation needed]
Terrorism [citation needed]
The victim is murdered based on race, national origin, and other associated groups [citation needed]
The victim is a witness to a crime
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---https://le.utah.gov/interim/2016/pdf/00002750.pdf from google ( aggravated murder vs capital murder ) result 5
aggravated murder equal capital murder
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---https://zacharymccreadylaw.com/blog/capital-murder-vs-first-degree-murder/ from google ( capital murder definition ) result 2
Capital Murder vs. First-Degree Murder
McCready Law Group Aug. 7, 2023
According to the California Department of Justice (DOJ), in 2022, the violent crime rate statewide rose 6.1 percent and property crime 6.2 percent from the year before. The rates are based on how many persons were victimized for every 100,000 residents. For violent crime, the rate went from 466.2 per 100,000 in 2021 to 494.6 in 2022; for property crime, the respective rates are 2,178.4 in 2021 and 2,313.6 in 2022.
While violent crime overall was rising, the DOJ found that the murder rate actually fell 5.0 percent in 2022 from the year before, from 6.0 per 100,000 to 5.7 per 100,000. The arrest rate for homicide also decreased 5.9 percent from 5.1 per 100,000 to 4.8 in 2022. Considering the Golden State has a population of nearly 39 million, and you divide that by 100,000, that means that almost 2,000 people were murdered in 2022.
Statistics aside, murder is a serious charge in California. The Penal Code establishes two types of murder charges—First Degree and Second Degree. Capital murder, which can lead to life in prison or even to the death penalty, is defined as “first-degree murder with special circumstances.”
If you or a loved one is under investigation for murder, or have been charged already, you need to seek out an experienced criminal defense attorney immediately. Even conviction on a second-degree charge can land you behind bars for 15 years to life.
In Long Beach, Cypress Hill, Lakewood, or the surrounding communities in California, reach out to me at McCready Law Group.
As a former officer with the Los Angeles Police Department (LAPD), I have extensive experience on both sides of the aisle when it comes to the justice system. Since 2007, I have been devoting my law practice to the criminal defense of those facing charges. I will protect your rights and develop a defense strategy aimed at the best possible outcome.
Murder Charges in California
The California Penal Code defines murder as “the unlawful killing of a human being, or a fetus, with malice aforethought." It carves out exceptions under certain circumstances for abortion. It divides murder into first-degree and second-degree, but both are considered felonies.
First- and Second-Degree Murder
First-degree murder may be charged under any of the following circumstances:
Any premeditated act resulting in someone’s death.
The commission of a serious crime, such as robbery, rape, or carjacking that results in someone’s death
Using an explosive device, armor-piercing ammunition, poison, or weapon of mass destruction in the killing.
Torture was involved in the murder.
A first-degree murder charge can result in up to 25 years in prison. The sentence can be raised to life in prison if the act is judged to be a hate crime—that is, it is based on the victim’s religion, race, gender, disability, or sexual orientation.
Second-degree murder is any murder that is not willful or premeditated or doesn’t fit the descriptions above.
Capital Murder
Capital murder, as noted earlier, is first-degree murder under special circumstances. It is called “capital” because it has only two possible penalties: capital punishment (the death penalty) and life in prison without the possibility of parole.
The Penal Code lists 20 circumstances that can raise the charge to capital murder. Some of these are:
Killing more than one person.
Killing for financial gain.
Killing a police officer, firefighter, prosecutor, judge, juror, or elected official.
Killing a witness to prevent their testimony.
A drive-by shooting with the intent to kill.
Possible Defenses
When you face any criminal charge, you are protected by your Constitutional rights to a speedy and fair trial by a jury of your peers, and prosecutors are obligated to prove their case “beyond a reasonable doubt.”
The role of the defense is to cast doubt on all evidence and witness testimony, even to make pretrial motions to get some evidence or testimony excluded. The defense should also seek out and introduce new and what might be called exculpatory evidence to the case.
If you are taken in on a murder investigation, or on any potential criminal charge, remember the words of the Miranda Rights warning: “Anything you say can and will be used against you.” In other words, don’t answer any questions until you’ve teamed up with a defense attorney.
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---https://versustexas.com/blog/murder-versus-capital-murder/ from google ( capital murder definition ) result 3
Published: October 24, 2022
Updated: December 23, 2023
Author: Benson Varghese
Category:Criminal
Reading Time: 14 min read
What is Capital Murder in Texas?
In Texas, capital murder is the most severe form of homicide, involving specific aggravating circumstances that elevate it beyond a standard murder charge. Convictions for capital murder can result in life imprisonment without parole or the death penalty.
Capital Murder vs. Murder in Texas
In Texas, the biggest difference between murder and capital murder can be summed up in two words: death penalty.
Capital murder is punishable by life in prison without parole or the death penalty. Murder is punishable by up to life in prison, with the possibility for parole.
difference between murder and capital murder
Have you ever stopped to wonder why something is “capital murder” instead of just murder, or what a “capital case” is, if you’ve ever heard the expression, “don’t make a capital case out of it.”
Why should you listen to us?
tbls1 criminallaw 300x171
I’m an expert in criminal law, a designation that’s only reached by becoming Board Certified which is a distinction less than 10% of attorneys in Texas achieve. In this article, I’ll do a deep dive into what a capital murder is, and what makes something a “capital” offense. Although this article is specific to Texas, you’ll find very similar laws throughout the United States. Benson Varghese, Anna Summersett, Letty Martinez, and Tanya Dohoney are Board Certified in Criminal Law.
Varghese Summersett Criminal Defense, Family and Divorce, Personal Injury Lawyers
Basic Definition of Capital Murder
Capital murder in Texas is defined as
an offense where a person commits murder as defined under Section 19.02(b)(1) and meets additional aggravating circumstances. Capital murder in Texas is punished as a capital felony. The penalties include death, life imprisonment, or life imprisonment without parole. However, the death penalty is not sought in cases based solely on the murder of a child aged 10 to under 15 years (Lauren’s Law).
What States Have Capital Murder Laws?
What makes an offense Capital?
A murder is considered “capital” in Texas if it meets certain criteria, such as the victim being a peace officer or firefighter, under the age of 10, the murder being committed during the commission of another felony offense, or the murder being committed for payment or promise of payment.
Murder
definition :
Intentionally or knowingly causing
the death of another person, or
causing death due to a dangerous
act with the intent to cause
serious bodily injury.
penalty :
First-degree felony, punishable by
5 to 99 years or life imprisonment
and a possible fine of up to
$10,000.00
capital murder
definition :
Committing murder with specific aggravating circumstances Involves specific circumstances, such as killing a peace
officer, committing murder during another felony, or murdering multiple people.
penalty :
Punishable by life imprisonment without parole or the death penalty
aggravating factor :
Involves specific circumstances, such as killing a peace
officer, committing murder during another felony, or murdering
multiple people.
Capital Murder and Murder are Both Homicide in Texas
At its most basic, homicide refers to the act of one human being causing the death of another. Not all homicides are illegal, and the term encompasses a broad range of situations and potential charges. In this article, we will provide a comprehensive overview of homicide.
Both murder and capital murder are classified as criminal homicide under the law. The two most important distinctions between the two crimes are:
the way each offense is alleged
and
the punishment that each offense carries.
Capital Murder Compared to Murder
capital murder :
Death penalty can be imposed
If the defendant is found guilty, the jury can only choose between life in prison and death.
Jury will receive special issues to decide.
The defendant cannot plead guilty to the death sentence.
murder :
Death penalty cannot be imposed
A jury could sentence someone from 5-99 years in prison or life in prison.
Generally there are no “special issues” for the jury to decide.
The defendant may plead guilty to to highest punishment.
What crimes can receive the death penalty in Texas?
In Texas, you can be sentenced to death for:
Murder of a police officer or firefighter in the line of duty
Murder during the course of a kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction or retaliation, and certain types of terroristic threat
Murder for hire
Murder while escaping prison
Murder of a prison employee
Murder while serving a sentence of life or 99 years for aggravated kidnapping, aggravated sexual assault, or aggravated robbery
Murder of more than one person
Murder of a child under 10
Murder of a child under 15 (as of 2019)
Murder of a judge in retaliation.
2019 Update to Capital Murder: Lauren’s Law
“Lauren’s Law,” enacted in 2019 through Senate Bill 719 during the 86th Texas Legislature, is an amendment to the Texas Capital Murder law. This amendment added a new subsection to the existing capital murder statute, specifically targeting the murder of young victims.
The key aspects of Lauren’s Law are as follows:
Age-Specific Provision: Lauren’s Law added subsection (9) to the Texas Penal Code Section §19.03. This subsection specifically addresses the murder of individuals who are 10 years of age or older but younger than 15 years of age.
Capital Murder Classification: Under this law, if a person commits murder as defined under Section 19.02(b)(1) and the victim is within this specified age range (10 to under 15 years old), the offense is classified as capital murder.
Here’s a look at the two offenses, the punishment, and answers to some frequently asked questions.
What is murder in Texas?
Pursuant to Penal Code § 19.02(b)(1) there are three ways murder may be alleged. A person commits murder when:
The person intentionally or knowingly causes the death of an individual;
The person intends to cause serious bodily injury and commits an act that causes the death of an individual; or
The person causes the death of an individual during the commission or attempted commission of a felony.
Can you beat a murder charge?
As you might imagine, everything is at stake when you’re charged with murder. We have been successful in many murder cases ranging from preventing case filings, indictments, and yes fighting for years to get cases dismissed. Here is a recent example of a murder case we fought for years to and finally got dismissed.
What is a first degree murder in Texas?
This is another way of asking, “what is murder” because murder normally carries a first degree punishment range in Texas. Murder is the intentional or knowing unlawful killing of another person.
What is the Punishment for Murder?
Generally, a defendant guilty of murder may be sentenced to imprisonment for life or a term of anywhere from five years to 99 years. In addition to imprisonment, a fine of up to $10,000 may be imposed.
What is Capital Murder in Texas?
Murder is elevated to a capital offense when the murder occurs under specific circumstances. Pursuant to Penal Code § 19.03 (a), a person commits capital murder if he commits murder as defined above and:
The individual killed is a peace officer or fireman in the line of duty and the person knows the individual is a peace officer or fireman;
The killing occurs during the commission or attempt of the following felonies: kidnapping, burglary, aggravated sexual assault, arson, obstruction or retaliation, or terroristic threat;
The killing was committed for payment or promise of payment. Both the person who kills another and the person who hires a person to kill are guilty of capital murder;
The killing occurs during the escape, whether successful or not, from a penal institution;
The individual killed is an employee of a penal institution and the killing is committed by an incarcerated person;
The killing is committed by an incarcerated person in conjunction with organized criminal activity;
The killing is committed by a person incarcerated for murder or capital murder;
The killing is committed by a person incarcerated for the following aggravated felonies: aggravated kidnapping, aggravated sexual assault, or aggravated robbery;
The person kills more than one individual either during the same criminal transaction or during different transactions but under a common scheme;
The person killed is under 10 years old; or
The individual killed was a judge or justice and the killing was committed in retaliation or on account of the judge or justice’s service.
What is the Punishment for Capital Murder?
Capital murder carries a penalty of life in prison without parole or the death penalty.
Can you get the death penalty if you kill more than one person?
Yes, a person who intentionally or knowingly kills more than one individual during a single course of criminal conduct will be charged with capital murder. A person facing capital murder charges may face the death penalty. The State (meaning the local district attorney) will make a decision as to whether prosecutors will seek the death penalty. If the State seeks the death penalty, and the individual is found guilty, the jury will decide whether or not to impose the death penalty. Only a jury can render a verdict of death.
What are the Special Issues in a Death Penalty Case in Texas?
The Code of Criminal Procedure Article 37.071(2) provides the jury must decide two special issues in a death penalty case in Texas: whether the defendant is a future danger and if there are mitigating factors that would make a life sentence more appropriate:
(b) On conclusion of the presentation of the evidence, the court shall submit the following issues to the jury:
whether there is a probability that the defendant would commit criminal acts of violence that would constitute a continuing threat to society; and
whether, taking into consideration all of the evidence, including the circumstances of the offense, the defendant’s character and background, and the personal moral culpability of the defendant, there is a sufficient mitigating circumstance or circumstances to warrant that a sentence of life imprisonment without parole rather than a death sentence be imposed.
If the jury answers “yes” to the first special issue and “no” to the second special issue, the defendant will receive the death penalty.
What are the Additional Special Issues in a Capital Murder Case in Texas?
In Capital Murder cases in which the jury charge at the guilt or innocence stage permitted the jury to find the defendant guilty as a party under Sections 7.01 and 7.02, Penal Code, the special issues are:
whether the defendant actually caused the death of the deceased;
if the defendant did not actually cause the death of the deceased but intended to kill the deceased or another;
if the defendant did not actually cause the death of the deceased but anticipated that a human life would be taken.
What is Capital Murder – Terror/Fel in Texas?
A person accused of causing the death of another while in the commission or attempted commission of kidnapping, robbery, burglary, aggravated sexual assault, arson, obstruction or retaliation, or terroristic threat is charged with Capital Murder under Penal Code Section 19.03. This charge is often abbreviated as “Capital Murder – Terror/Fel.”
Example of a Death Penalty Jury Charge in Texas
Death Penalty Jury Charge
Can Capital Murder be Charged as a Hate Crime?
Chapter 411.046 of the Texas Government Code defenses hate crimes for reporting purposes in Texas. A hate crime is one that is motivated by prejudice, hatred, or advocacy of violence. That finding does not impact sentencing. For limited offenses, the Code of Criminal Procedure provides for an enhancement of one level if an offense was committed “because of the defendant’s bias or prejudice against a group identified by race, color, disability, religion, national origin or ancestry, age, gender, or sexual preference or by status as a peace officer or judge.”
There’s no sentencing enhancement in the state system for capital murder based on the offense qualifying as a hate crime. Article 42.014, Code of Criminal Procedure does not allow for a sentencing enhancement other than for arson, graffiti, a criminal mischief.
18 USC 249 is the federal Hate Crime statute. 18 USC 249 (a)(1) covers willfully causing bodily injury or death “because of the actual or perceived race, color, religion, or national origin” of the victim(s). The federal murder statute is 18 USC 1111 and would cover when a person malice aforethought, unlawfully killed victims with the firearm. A person convicted for first degree murder can receive the death penalty. In capital cases, the decision to seek the death penalty rests with the Attorney General. 18 USC 3591 sets forth instances when a person can be sentenced to death in the federal system.
Federal prosecutors rarely seek the death penalty, but did seek the death penalty for Dylann S. Roof, the white supremacist who shot and killed nine African-American churchgoers in 2015.
Can Insanity be Raised as a Defense to Capital Murder?
Insanity is a very difficult defense to raise successfully in Texas. The insanity defense and the requirements to raise the defense is codified in Texas Penal Code Section 8.01.(a) It is an affirmative defense to prosecution that, at the time of the conduct charged, the actor, as a result of severe mental disease or defect, did not know that his conduct was wrong.(b) The term “mental disease or defect” does not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct.”
In the federal system, insanity can be raised the defendant as an affirmative defense that the defense would have to prove by a preponderance of evidence pursuant to 18 USC 17. The defendant would have to prove a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of his acts.
Can Someone Who is Guilty of Murder be Punished for a Second Degree Offense?
Yes. Penal Code Section 19.02(d) provides that once a defendant is found guilty of murder, he may prove that his actions occurred under certain circumstances that entitle him to a lesser degree of punishment. He or she must prove by a preponderance of the evidence that he caused the death under the immediate influence of sudden passion arising from an adequate cause. Under the circumstances, the defendant must have been provoked in such a way that an ordinary person in similar circumstances would have reacted similarly. The defense must show there was no time to cool down, and the defendant did not, in fact, cool down.
Further, the killing must occur under the influence of “sudden passion.” That is, the situation that provoked the defendant’s anger directly caused the defendant to react in the heat of the moment. The killing cannot be based on provocation that occurred before the time of the incident. Penal Code § 19.02(a)(2). If the defendant is able to establish by a preponderance of the evidence that the above circumstances existed, the offense becomes a felony of the second degree. Penal Code § 19.02(d).
What is the Punishment for Second-Degree Murder (Sudden Passion)?
A defendant guilty of murder in the second degree will be imprisoned for anywhere from 2 to 20 years. A fine of up to $10,000 may also be imposed.
Capital Murder and the Death Penalty
Capital murder—a capital felony—carries a more severe penalty than murder does. Texas is one of 27 states that allows for the death penalty to be imposed as capital punishment for capital felonies.
The state has the option to seek the death penalty. Under Penal Code Section 12.31, if the state seeks the death penalty, the mandatory punishment is either life without parole or death.
If the state does not seek the death penalty, the mandatory punishment depends on the defendant’s age at the time of the offense. If the defendant was younger than 18 years of age at the time the offense was committed, the mandatory punishment is life. For offenses committed when the defendant was 18 or older, the defendant faces life without parole.
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---https://www.samdixonlaw.com/capital-murder from google ( capital murder definition ) result 5
Capital Murder
Capital Murder is, by far, the most serious of violent crimes in Alabama. Capital Murder is a Class A felony, carrying with it a potential ten (10) years to life sentence or even a possible penalty of death. Typically speaking, a defendant or individual charged or suspected of capital murder involves allegations where that individual planned and possessed premeditation to commit murder. However, there are a number of capital offenses other than premeditated murder.
According to Alabama law, specifically Alabama Code 13A-5-40, Capital offenses include the following:
(1) Murder by the defendant during a kidnapping in the first degree or an attempt thereof committed by the defendant.
(2) Murder by the defendant during a robbery in the first degree or an attempt thereof committed by the defendant.
(3) Murder by the defendant during a rape in the first or second degree or an attempt thereof committed by the defendant; or murder by the defendant during sodomy in the first or second degree or an attempt thereof committed by the defendant.
(4) Murder by the defendant during a burglary in the first or second degree or an attempt thereof committed by the defendant.
(5) Murder of any police officer, sheriff, deputy, state trooper, federal law enforcement officer, or any other state or federal peace officer of any kind, or prison or jail guard, while such officer or guard is on duty, regardless of whether the defendant knew or should have known the victim was an officer or guard on duty, or because of some official or job-related act or performance of such officer or guard.
(6) Murder committed while the defendant is under sentence of life imprisonment.
(7) Murder done for a pecuniary or other valuable consideration or pursuant to a contract or for hire.
(8) Murder by the defendant during sexual abuse in the first or second degree or an attempt thereof committed by the defendant.
(9) Murder by the defendant during arson in the first or second degree committed by the defendant; or murder by the defendant by means of explosives or explosion.
(10) Murder wherein two or more persons are murdered by the defendant by one act or pursuant to one scheme or course of conduct.
(11) Murder by the defendant when the victim is a state or federal public official or former public official and the murder stems from or is caused by or is related to his official position, act, or capacity.
(12) Murder by the defendant during the act of unlawfully assuming control of any aircraft by use of threats or force with intent to obtain any valuable consideration for the release of said aircraft or any passenger or crewmen thereon or to direct the route or movement of said aircraft, or otherwise exert control over said aircraft.
(13) Murder by a defendant who has been convicted of any other murder in the 20 years preceding the crime; provided that the murder which constitutes the capital crime shall be murder as defined in subsection (b) of this section; and provided further that the prior murder conviction referred to shall include murder in any degree as defined at the time and place of the prior conviction.
(14) Murder when the victim is subpoenaed, or has been subpoenaed, to testify, or the victim had testified, in any preliminary hearing, grand jury proceeding, criminal trial or criminal proceeding of whatever nature, or civil trial or civil proceeding of whatever nature, in any municipal, state, or federal court, when the murder stems from, is caused by, or is related to the capacity or role of the victim as a witness.
(15) Murder when the victim is less than fourteen years of age.
(16) Murder committed by or through the use of a deadly weapon fired or otherwise used from outside a dwelling while the victim is in a dwelling.
(17) Murder committed by or through the use of a deadly weapon while the victim is in a vehicle.
(18) Murder committed by or through the use of a deadly weapon fired or otherwise used within or from a vehicle.
(19) Murder by the defendant where a court had issued a protective order for the victim, against the defendant, pursuant to Section 30-5-1 et seq. , or the protective order was issued as a condition of the defendant's pretrial release.
Call Dixon Law today at 205-616-8896.
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---https://www.timpowers.com/texas-penal-code/capital-murder/ from google ( capital murder definition ) result 6
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Capital Murder
Capital Murder is defined by Chapter 19, section 19.03 of the Texas Penal Code. Capital murders occurs when a murder is committed, according to the definition of murder under Chapter 19, section 19.02(b)(1), with one of the following additional criteria:
The person murders a peace officer or fireman who is acting in the lawful discharge of an official duty and who the person knows is a peace officer or fireman.
The person intentionally commits the murder in the course of committing or attempting to commit kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction or retaliation, or terroristic threat.
The person commits the murder for remuneration or the promise of remuneration or employs another to commit the murder for remuneration or the promise of remuneration.
The person commits the murder while escaping or attempting to escape from a penal institution.
The person, while incarcerated in a penal institution, murders another who is employed in the operation of the penal institution; or with the intent to establish, maintain, or participate in a combination or in the profits of a combination.
The person while incarcerated for an offense under this section or Section 19.02 murders another; or while serving a sentence of life imprisonment or a term of 99 years for an offense murders another.
The person murders more than one person during the same criminal transaction; during different criminal transactions but the murders are committed pursuant to the same scheme or course of conduct.
The person murders an individual under 10 years of age.
the person murders another person in retaliation for or on account of the service or status of the other person as a judge or justice of the supreme court, the court of criminal appeals, a court of appeals, a district court, a criminal district court, a constitutional county court, a statutory county court, a justice court, or a municipal court.
Capital Murder is the only offense which can be charged as a capital felony in the State of Texas, and if found guilty the defendant can be sentenced to execution.
Punishment Range
Capital Felony
If the individual is found guilty and the state seeks the death penalty:
Imprisonment in the institutional division for life without the possibility of parole, or Death
If the individual is found guilty and the state does not seek the death penalty:
Imprisonment in the institutional division for life without the possibility of parole
However, an individual under the age of 18 at the time of the offense as well as a certified juvenile are no longer eligible for life without parole.
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---https://perlmancohen.com/los-angeles-murder-attorney/capital-murder-versus-first-degree-murder/
from google ( capital murder definition ) result 8
What Constitutes Capital Murder?
The primary distinction between first-degree and second-degree murder lies in the perpetrator's mindset and the circumstances surrounding the death. This change happens when first-degree murder includes specific "special circumstances" under state law.
Killing a police officer or peace officer during lawful duties.
Murder for hire.
Killing a witness to prevent testimony.
Murder committed during other felonies, such as robbery or sexual assault.
If you face a charge of capital murder, you could face the harshest punishment: either the death penalty or life in prison without parole. California has stopped executions for now, but courts still sentence people to death row. There, they remain in a correctional facility with virtually no chance of release.
Defining First-Degree Murder
First-degree murder involves killing someone with malice aforethought, planning, and clear intent. This means you thought about the killing beforehand—even if just for a few moments. The felony murder rule also applies here. This means deaths during dangerous crimes like arson or kidnapping can lead to first-degree murder charges, even if you didn't plan to kill anyone.
Second-degree murder is different. It lacks the planning element. These killings still show malice but happen without planning. Courts often describe them as showing a "depraved mind" or extreme recklessness about human life.
Key Differences Between the Charges
When we look at capital murder versus first-degree murder, several key differences stand out:
Special Circumstances: Capital murder requires extra factors beyond first-degree murder.
Possible Punishment: First-degree murder usually means 25 years to life with possible parole, while capital murder can bring death or life without parole.
Court Resources: Capital cases often involve bigger investigations and more resources from the prosecution.
Defense Complexity: Capital murder defense requires lawyers with death penalty case experience.
Intent and Requirement Factors
Intent and Requirement Factors
Your state of mind plays a huge role in whether a homicide qualifies as first-degree murder or rises to capital murder. These mental elements help explain why our courts treat different types of homicide so differently.
Premeditation and Deliberation in First-Degree Murder
To prove a first-degree murder charge, prosecutors must show that you planned the killing. They must also demonstrate that you thought it through. Many people think this means planning for days or weeks. In fact, premeditation can form in just seconds. What matters is that you thought about it before doing it.
Deliberation means you weigh the pros and cons of killing. Courts look for signs that you made a conscious choice to take a human life after thinking about it. Bringing a weapon to meet someone suggests planning. Choosing a remote spot for the killing points to deliberate intent. These elements show the guilty mind that makes first-degree murder different from lesser charges.
Aggravating Factors That Elevate to Capital Murder
A first-degree murder charge becomes capital murder when certain aggravating factors exist. California law lists these special circumstances in Penal Code §190.2. They include:
Killing for money.
Murder of a police officer, judge, or other public servants.
Killing a witness to stop them from testifying.
Murders that involve torture.
Multiple murder victims.
Hate crimes based on race, religion, or national origin.
Murder during certain felonies (rape, robbery, kidnapping).
These factors elevate first-degree murder to capital murder, exposing you to capital punishment. This exposes you to capital punishment. For example, killing a police officer during a bank robbery could lead to a capital murder charge, whereas killing a civilian in the same robbery might result in a first-degree murder charge.
Jurisdictional Variations in Murder Charges
The way courts handle murder charges varies across the United States. California has its way of handling these serious cases, and these differences matter when comparing cases from different states.
How California Differs From Other States
California stands apart from many states in how it handles capital punishment and murder classifications. The state allows the death penalty on paper. But Governor Newsom stopped all executions in 2019. Still, prosecutors can seek the death penalty. Defendants stay on death row even though they likely won't face execution.
Other states handle these matters differently. Texas carries out the most executions and has a faster appeals process for capital cases. Florida recently changed its laws to allow non-unanimous jury votes for death sentences. Some states, like Michigan, have no death penalty at all. Their highest murder charge equals California's first-degree murder.
The felony murder rule also varies widely. California recently limited this rule to people who actually killed, meant to kill, or played a major role while showing "reckless indifference to human life." Other states have broader rules that can make accomplices guilty of first-degree murder even with minimal involvement in the death.
Penalties and Sentencing Consequences
Penalties and Sentencing Consequences
The penalties for capital murder versus first-degree murder show the biggest differences between these charges. The range of punishments varies greatly, with life-changing results for defendants.
Possible Sentences for Capital Murder
If found guilty of capital murder in California, you'll face one of two sentences: death or life imprisonment without parole (LWOP). Even with the pause on executions, defendants sentenced to death live in harsh conditions on death row. They often stay there for decades during appeals.
The appeals process for capital murder cases is very complex and takes a long time. Defendants get automatic appeals to the California Supreme Court. Then come state and federal habeas corpus petitions and possibly clemency requests. This process often takes 15-25 years. During this time, the defendant stays in highly restricted prison conditions.
For those who get LWOP sentences, the name says it all—no chance of parole, ever. These defendants will spend their entire lives in prison unless they win an appeal or get clemency. Both outcomes rarely happen.
Sentencing Guidelines for First-Degree Murder
First-degree murder without special circumstances typically means 25 years to life in prison with the chance of parole. After serving 25 years, you become eligible for parole consideration. This doesn't guarantee release, but it offers hope.
Several factors can extend this base sentence. Using a gun adds 10, 20, or 25 years to life under California's "use a gun and you're done" law. Causing great bodily injury or killing multiple victims can lead to extra life terms. Prior serious felony convictions under California's Three Strikes Law can double the minimum time before parole eligibility.
The key difference from capital murder penalties lies in the word "possibility." People convicted of first-degree murder might rejoin society one day. Those convicted of capital murder cannot under their original sentences.
Long-Term Impacts on Defendants and Families
Beyond prison time, murder convictions create lasting effects for defendants and their families. Defendants lose most civil rights, including voting, while in prison. Even after release (for those eligible), finding jobs and housing becomes extremely hard with a murder conviction.
Families suffer, too. They face social stigma, money problems from legal costs, and emotional trauma. Children grow up with a parent in prison, often creating cycles of disadvantage. The financial burden alone can crush a family—capital cases often cost over a million dollars to defend properly.
For defendants serving life terms, health care in prison often falls short of outside standards. This leads to faster aging and chronic health issues. The mental impact of knowing you'll die in prison—especially on death row—creates unique suffering beyond the physical limits of being locked up.
Defense Strategies for Murder Charges
Fighting murder charges requires smart legal strategies tailored to the specific charge. Capital murder and first-degree murder defense approaches differ because the stakes couldn't be higher.
Why Experienced Legal Representation is Critical
Murder cases, especially capital murder, represent the most complex area of criminal defense. These cases involve detailed forensic evidence, constitutional issues around police work, and jury selection challenges. At Perlman & Cohen, our criminal defense lawyers bring skill and experience in high-stakes homicide defense.
Early action by a criminal defense attorney often makes the crucial difference. Evidence collected improperly can sometimes be thrown out if challenged quickly. Witness statements can be recorded before stories change. Crime scenes can be examined by your experts before evidence disappears. What happens in the first 48 hours after charges often shapes the entire case.
The prosecution invests massive resources in murder cases, especially those with special circumstances. You need an equally committed legal team with experience handling the specific challenges of capital cases. This includes everything from jury selection to the special sentencing phases these cases require.
How Defense Strategies Differ Between Charges
When defending against capital murder, our main goal often involves removing the special circumstances that raise the charge. We might challenge evidence about your role in a felony murder. Or we might dispute claims that a killing was done for money. Success here can take the death penalty off the table, even if a first-degree murder conviction remains possible.
For first-degree murder charges, defense strategies typically focus on challenging the planning element. We might argue the killing happened in the heat of passion (reducing it to voluntary manslaughter). Or we might show it resulted from a sudden quarrel rather than deliberate planning. We might also focus on creating reasonable doubt about who did it or what caused the death.
In both types of cases, mental health defenses like diminished capacity or emotional disturbance can play key roles. These defenses don't always aim for complete freedom but often seek a reduction to lesser charges with much shorter sentences.
Common Defense Approaches for Each Charge
Several defense strategies have proven effective in fighting serious murder charges:
Challenging the prosecution's timeline to weaken premeditation claims.
Presenting alternative suspects when evidence allows.
Showing a lack of intent through expert testimony on your mental state.
Questioning forensic evidence through independent testing and expert witnesses.
Arguing self-defense or defense of others when facts support it.
Challenging police misconduct or constitutional violations in evidence-gathering.
Negotiating plea deals to lesser charges when evidence is overwhelming.
For example, in a case involving an alleged murder during a robbery, we can successfully argue our client was present but didn't know his friend planned to use deadly force. This distinction proved critical. It can result in a second-degree murder conviction rather than capital murder, sparing our client from life without parole.
When defending capital cases specifically, we often split our strategy between the guilt phase and the penalty phase. Even when conviction seems likely, presenting strong mitigating evidence during sentencing can literally save your life by convincing a jury to choose life imprisonment over death.
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---https://www.ralphbehr.net/capital-homicide.html from google ( capital murder definition ) result 10
Capital Homicide
A capital offense is a crime punishable by death. Jurisdictions in the United States (i.e. Florida and New York state courts and U.S. Federal criminal courts), have defined capital homicides as aggravated homicides. An aggravator is an enhancement of punishment due to extraordinary facts which are cruel or heinous and always involve the use of a weapon or device which causes the victim excessive suffering or injury in the course of the taking of a human life.
Historically, capital homicide was a statutory category of murder in Great Britain. Britain has banned death as punishment for capital homicide, but in the United States, thirty-one states and the U.S. Federal Criminal Code have death penalties for designated crimes. Florida is one of the states that punishes offenders with the death penalty for enumerated capital offenses. Other states use the term “aggravated murder” or “capital murder”
for death penalty offenses. In Florida, as in many of the other states that have capital punishment, offenses involving the taking of a human life include:
Police officer, fire fighter, paramedic and security personnel
When the victim is a child
Killings which occur during the commission of violent felonies such as sexual assault, burglary, kidnapping and most violent crimes
Multiple murders committed concurrently
Murder for hire
The killing of a witness in a criminal prosecution
The killing of a prosecutor or a State or Federal judge
Acts of terrorism
In Florida, the taking of a human life without justification or excuse with malice and aforethought, including recklessness manifesting extreme indifference to human life or cruel and heinous killings warrant imposition of the death penalty.
A capital murder and first degree homicides are capital offenses, when based on special circumstances that demonstrate a depraved indifference to suffering or the taking of a human life demonstrating cruelty in the manner of the killing.
In Florida, the imposition of the death penalty involves a two step process. In the course of the trial the first part of the presentation of proofs by the State goes to the taking of a human life and then the jury will return a verdict of guilty or not guilty during the first part of the trial. The second stage is the punishment phase where the State presents argument justifying the imposition of the death penalty. This is the penalty phase of the trial and occurs only after a finding by the jury that the crime of murder has been committed. The jury will then return with a recommendation of death or life imprisonment. The jury’s recommendation of punishment (a life prison sentence or the death penalty) is then presented to the court. At that point in the sentencing phase, judges in Florida can make a determination to impose a death sentence or life imprisonment in disregard of the jury’s determination of the appropriate punishment, since in this state, the jury’s decision to impose or not impose death is not binding on the trial judge.
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---https://en.wikipedia.org/wiki/Felony
...
Felonies may include but are not limited to the following:
Aggravated assault or battery
Animal cruelty
Arson
Blackmail
Burglary
Child abuse
Child pornography
Copyright infringement[11]
Cybercrime
Driving under the influence (certain DUI cases involving bodily injury and/or death. In some jurisdictions property damage over a certain amount elevates a DUI charge to a felony as well)
False Imprisonment
Forgery
Fraud
Grand larceny or grand theft, i.e., larceny or theft above a certain statutorily established value or quantity of goods
Identity theft
Illegal drug trade, manufacture, sale, distribution, or possession with intent to distribute certain types or quantities of illegal drugs. In some jurisdictions, the possession of certain types of illegal drugs for personal use.
Kidnapping
Manslaughter (unintentional killing of another)
Murder
Obstruction of justice
Perjury
Police impersonation, with the intention of deception
Rape/sexual assault
Resisting arrest, e.g., high-speed chase
Robbery/extortion
Usurpation
Tax evasion
Threatening an official (police officer, judge)
Treason
Vandalism on federal property.
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---https://www.prisonfellowship.org/resources/training-resources/in-prison/faq-jail-prison/ from google ( jail vs prison ) result 2
FAQ: Jail vs. Prison
WHAT IS THE DIFFERENCE BETWEEN JAIL AND PRISON?
JAIL
Jails are usually local facilities under jurisdiction of a city, local district, or county.
Jails are short-term holding facilities for newly arrested and those awaiting trial or sentencing.
Those sentenced to serve a small amount of time (less than 1 year) may be housed in local jail for the duration of their sentence.
PRISON
Prisons are institutional facilities under jurisdiction of state or federal government where convicted offenders serve longer sentences.
People who have been found guilty of breaking a state law are usually sent to a state prison. Those who have violated federal laws are
typically sent to federal prison located somewhere in the U.S. Some states have jails and prisons that are privately operated–usually by
a corporation. The state basically contracts with these private facilities to house prisoners and does not have as much control over
how the facilities are operated.
=======================================================
---https://csat.bjs.ojp.gov/resources/faq from google ( jail vs prison ) result 3
Frequently Asked Questions
What is the difference between jails and prisons?
Jails are locally operated short-term facilities that hold inmates awaiting trial, awaiting sentencing, or both, and those sentenced to
a term of less than or equal to 1 year, typically misdemeanants. Prisons are longer-term facilities run by the state or federal government
typically holding felons and persons with sentences of more than 1 year. Definitions may vary by state.
....
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---https://www.meltzerandbell.com/news/accessory-to-murder-or-accomplice-whats-the-difference/
from google ( primary murderer vs accessory sentence leniency severity ) result 1
Accessory to Murder or Accomplice: What’s the Difference?
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By: Meltzer & Bell, P.A.
Jun. 22 2021
accessory to murder
You may have heard about the terms accomplice and accessory to murder and wondered if they mean the same thing. The two terms stand for different types of crimes.
They are connected to helping a principal offender but in different ways. Let us explore them to help you understand who an accomplice is and who an accessory to murder is.
What is Accessory to Murder?
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An accessory to murder is a person who assists a principal offender before or after that murder.
An accessory before the fact learns about that intended murder. However, he or she fails to prevent that murder or fail to inform authorities.
accessory before the fact does not participate or assist in planning that murder.
He or she does not help principal-offender commit that murder and is not at crime scene.
He may assist principal-offender by housing him or facilitating movement to crime-scene.
He may also assist in procuring objects such as knives , knowing that offender intend to use those knives for murder-crime .
What is an Accessory to Murder After the Facts?
An accessory after the fact learns about a murder after principal-offender has committed that murder and knowingly houses, hides,
or helps offender to escape from authorities. He or she helps offender to flee crime-scene, destroy evidence or evade detection or
detainment by authorities.
If you house murder-suspect as parent, brother, sister, grandparent, spouse, or child
then you are not an accessory to murder.
You are also not an accessory to murder if you did not know that offender had committed a murder when you were helping him or her.
You may not be considered an accessory to murder in a case where minor is murdered in a home in which you are a victim of domestic violence.
prosecution must prove that offender is guilty of murdering that minor.
Is Being an Accessory to Murder a Crime in Florida?
accessory to murder
Accessory to murder is a criminal offense in Florida. It is also referred to as aiding and abetting a murder.
It is charged as felony in most criminal codes.
You are charged depending on murder-degree which principal-offender is accused of .
In Florida, murder is defined as “unlawful killing of another person without justification or valid excuse,
especially if that killing was aforethought and out of malice” . 1-st-degree murder is both premeditated and willful.
This means that murder was planned, and offender waited for appropriate-time and circumstances to commit that murder .
1-st-degree murder is characterised by elements of premeditation , willfulness , deliberation .
2-nd-degree murder is not premeditated.
2-nd-degree murder is caused by careless-acts of offender or offender’s disregard for human-life .
On other hand ,
3-rd-degree murder is un-intentional and un-premeditated . offender may have intended to harm victim in another way but not via/through murder.
3-rd-degree murde is also called man-slaughter .
Accessory to Murder Charges
principal-offender and accessory-to-murder are charged depending on murder-degree committed.
If you are an accessory before the fact , you may face same charge as principal-offender .
1-st-degree murder attracts life-sentence or death-sentence for both offender and accessory before the fact .
This sentence may not have an option for parole.
In Florida, 2-nd-degree murder is punishable by life-imprisonment , life-on-probation , penalty of up to 10,000 usd .
This sentence may apply for a principal-offender and accessory before the fact.
3-rd-degree murder carries potential imprisonment of up to 15 year for both principal-offender and accessory before the fact.
However , punishment for an accessory after the fact is slightly lenient.
law considers that accessory after the fact learns about that crime after that crime already been committed.
accessory after the fact , did not aid in commission or furtherance of that crime.
They could not have prevented that crime since they were not aware that that principal-offender was planning to commit that crime .
In Florida,
accessory after the fact in 1-st-degree murder carries a possible imprisonment-sentence of up to 30 year.
accessory after the fact in 2-nd-degree murder carries a possible imprisonment-sentence of up to 15 year.
accessory after the fact in 3-rd-degree murder carries a possible imprisonment-sentence of up to 5 year.
Besides being charged with accessory to murder after the fact , you may be charged with other crimes such as :
(1)destroying evidence ,
(2)obstructing law enforcers in their line of duty , or
(3)being found in possession of stolen goods .
These additional charges will draw further punishment under Florida laws .
As an accessory after the fact , you may help offender escape .
Later, if that offender is caught then you can still be charged if authorities find out you facilitated offender’s escape .
You can still be convicted for that crime of accessory after the fact , even if you only attempted to help principal-offender
but did not succeed in assisting that principal-offender .
Is There Defense for Accessories to Murder
Some of the legal strategies that defense-attorney-for-an-accessory-to-murder may use :
Arguing that that accused person was not aware that principal-offender intended to commit murder or already committed murder
Proving that that accused assisted principal-offender under duress
Showing that there was no murder
Proving that that principal-offender did not commit murder
Who is an Accomplice ?
Complicity refers to the act of encouraging or facilitating person to commit crime .
An accomplice is a person who assist or encourage offender to commit criminal-offense .
In murder-crime , accomplice may facilitate by providing information about whereabouts of victim , knowing that
offender intends to murder victim . accomplice may be that person who hire or loan murder-weapon to principal-offender.
You may also be an accomplice if you are that person who turned-off alarm-system on premises where you knew victim would be murdered.
Complicity differs from conspiracy.
Complicity involves assisting principal-offender in actual murder-act.
However, a conspirator may participate in the planning, but not actual murder.
A conspirator learns about intended murder and agree with plans to commit murder.
However, he or she does not do anything to assist offender in executing that offense.
Charges for Accomplices and Conspirators
Conspiracy is considered a separate crime from actual-crime that that conspirators may be involved in.
If prosecution can prove that there was intent and agreement to commit murder then you may be found guilty of conspiring to commit murder .
In Florida , conspiracy is assigned to law-suit 1 level lower than law-suit of actual crime .
For instance , if you are conspirator in murder , ranked level 10 then conspiracy-crime will be ranked level 9 in severity .
Accomplices face similar charges as principal-offenders.
accomplice may not commit actual crime, such as pulling trigger, but they are involved in that whole process.
They are aware of that intended murder , agree with plan for murder , and aid principal-offender in committing that murder.
After that murder , accomplice may also be involved in tampering with evidence , assisting offender during escape , or evade arrest .
An accomplice may be charged with a crime they did not commit.
For instance, you may be an accomplice in robbery in which victim is murdered unintentionally .
In that case, you will be charged with being accomplice in robbery and murder.
In addition, you may be an accomplice in a crime you were not aware of.
For example, your friends may request you to drive them to a house where they intend to commit murder.
Without knowing their intentions , you may agree to take them .
However , if they commit murder then you will be charged as their accomplice in that crime .
Is there a defense for Accomplices to Murder ?
If you are accused of being an accomplice in a murder then your defense attorney may use this strategies to defend you :
They must prove that you withdrew your support to principal-offender. Withdraw early enough for your contribution
to be considered insignificant. In addition, you must render all your support ineffective, such that that perpetrator
will not benefit from any of your support in committing that crime.
After withdrawing your support , you must show you tried to avert that crime . This could be through informing authorities or victim.
You may not have succeeded in averting that murder , but if you withdrew your support ,
rendered your support ineffective , and informed authorities , then you may show that you were not accomplice to that murder .
Have you been charged with a crime in Florida ? Reach out to Meltzer & Bell, P.A, a team of attorneys with a proven track record of
success and dedication. We are aggressive and effective in defending our Florida clients. Contact us now and request a free case evaluation.
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---https://www.nolo.com/legal-encyclopedia/accomplices-accessories-aiders-abettors-30145.html
from google ( primary murderer vs accessory sentence leniency severity ) result 2 -> from People also ask ->
What is the difference between a principal of a crime and an accessory to a crime?
Accomplices, Accessories, Aiders, and Abettors
How criminals are defined--from accomplices to aiders and abettors to conspirators--depends on their participation in the crime.
By Editors of Nolo
State laws define criminal actors—such as principals, accomplices (sometimes called "aiders and abettors"), and accessories—differently depending on how they participate in a crime. For instance, in a bank robbery, the principal enters the bank and conducts the holdup, while an accomplice drives the getaway car, and an accessory helps the robber avoid arrest after the crime is complete.
Principals and Accomplices
As a general rule, state laws refer to the main actor in a crime as the "principal" and to assisting persons as "accomplices" or "aiders and abettors." While definitions tend to vary by state, an accomplice is generally someone who intentionally does something to encourage or help another person to commit a crime.
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In most cases, the accomplice doesn't have to participate in the crime to be guilty of aiding and abetting. Suppose, for example, that Lars is planning to break into a warehouse and steal property belonging to the warehouse owner. Hal would be Lars's accomplice if he takes any of the following steps to assist Lars in the commission of the crime:
Hal works in the warehouse and distracts the warehouse nightwatchman while Lars breaks in.
Hal parks outside the warehouse on the night of the robbery and drives Lars and the loot away from the scene after the burglary is complete.
Hal convinces Lars to break into the warehouse and provides the tools to get inside the building.
Laws typically make no distinction between an accomplice and a principal, which means that an accomplice can be prosecuted and punished in the same manner as the person who actually commits the crime.
THE COMMON LAW: PRINCIPALS AND AIDERS AND ABETTORS
To distinguish the criminal culpability of one from another, the common law developed specialized terms for the various ways in which one could be involved in the commission of a crime. For instance, a "principal in the first degree" was the person who actually carried out a crime. A "principal in the second degree" (an "aider and abettor") was a helper who was present at a crime scene but in a passive role, such as acting as a spotter. While some state laws retain the common law terminology, few states make any distinction between the criminal liability of perpetrators and their accomplices. All can be punished equally, whether they actually commit a crime or only help bring it about.
Accomplices and Accessories
Like accomplices, accessories intentionally do something to help the principal commit a crime. While laws vary by jurisdiction, an accessory typically helps out either before or after the crime and is not physically present at the crime scene. Going back to the example above, if Hal only helped Lars avoid arrest after the burglary was complete, Hal would be an accessory to the crime and not an accomplice.
State laws often distinguish between "accessories before the fact" and "accessories after the fact." But many states consider accessories before the fact to be aiders and abettors, and, like accomplices, accessories before the fact are usually charged and punished in the same manner as the principal. On the other hand, accessories after the fact typically face less serious charges and punishments than accomplices and principals.
Conspirators
Conspirators are two or more people who agree to commit a crime. Conspiracy is related to aiding and abetting, but it's the agreement that distinguishes the two offenses and makes each conspirator a principal offender. In order to convict someone of conspiracy, prosecutors must prove that the person entered into an agreement with at least one more person to commit a crime. An aiding and abetting conviction doesn't require such proof.
Conspiracy is a controversial crime, in part because conspirators can be guilty even if the crime they agree to commit never occurs. As a result, conspirators can be punished for their illegal plans rather than for what they actually do. As some protection against convicting people purely for their private thoughts, in most states conspirators are not guilty of the crime of conspiracy unless at least one of them does something (called an "overt act") to help move the plan forward. The overt act doesn't have to be illegal. For instance, imagine that Lars and Hal enter into an agreement to break into the warehouse and steal its contents. Afterward, they meet at a coffee shop to plan exactly how to go through with the crime. Getting together for coffee isn't illegal, but the meeting could be considered an overt act because the two men had previously agreed to commit burglary.
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----https://www.treasurecoastcriminalteam.com/2021/11/what-is-the-meaning-of-accessory-to-murder/
from google ( primary murderer vs accessory sentence leniency severity ) result 2
What is the Meaning of Accessory to Murder?
Abrams Justice
Posted on November 5, 2021
Accessory to Murder
Accessory to murder is a criminal offense that entails a perpetrator or defendant helping or assisting a murderer. The accessory can offer assistance before or after the murder is committed. In most cases, the perpetrator is not present at the crime scene at the time of the murder. In most jurisdictions, accessory to murder is not a misdemeanor but a felony offense and can result in years in a state prison.
Accessory to murder before the fact is when the perpetrator helps the murderer before they commit the crime. For example, it includes actions like giving the murder a weapon knowing they would use it to harm someone else. This offense can attract the exact criminal charges as those of the principal offender who committed the murder. It could mean harsher punishments or penalties.
Helping a murderer after the commission of the crime includes actions like helping them to get away or hide after the fact. It also includes helping the offender destroy evidence or avoid detainment by the authorities. Accessory after a murder can attract up to fifteen years in prison, and the defendant will not be charged with the actual murder.
Is Being an Accessory to Murder a Crime?
Accessory to murder is a criminal offense that is also known as aiding or abetting a murder. However, there is usually some overlap of these terms, and here’s how they slightly differ:
Abetting is the act of inciting, facilitating, encouraging, or inducing another person to commit a crime.
Aiding is the act of supporting, assisting, or helping another person to commit a crime. Abetting and aiding refer to a single act.
An accessory is a person who does any of the above things to support murder.
In most criminal codes, being an accessory to murder is charged as a felony. The culprit is charged depending on the degree of murder that the principal offender committed. When a person abets a crime, the person who receives help from the abettor is the principal offender.
In accessory cases, a person is only guilty of the crime if they knew about the crime. The defendant must have assisted in the murder with the knowledge that the primary offender:
Was going to commit a crime
Had committed a crime.
Definition of Murder
The law in most states defines murder as the act of killing a human being because of malice or malicious afterthought. In most jurisdictions, murder falls into two distinct categories:
First-degree murder: This happens when an offender kills the victim deliberately, through premeditation, or lying in wait.
Second-degree murder: It happens when an offender takes the life of another person through an intentional act but did not contemplate murder before committing the act.
Penalties for First-Degree Murder
First-degree murder is a capital offense in Florida, and it attracts only two possible sentences. The first one is death, and the other is a life sentence without the possibility of parole. However, the state may waive the death penalty and elect life in prison instead.
Penalties for Second-Degree Murder
Second-degree murder in Florida is a first-degree felony that attracts a $10,000 fine, life on probation, or life in prison. The crime is assigned a level 10 offense severity under Florida’s Criminal Punishment Code.
It may also attract a 10-20-life mandatory prison statement. Here, the offender who uses a firearm to commit second-degree murder gets a minimum of 25 years in jail.
Defenses to Accessory to Murder
Accessory to Murder Lawyer
When charged with accessory to murder, a defendant can rightfully raise a legal defense. A defense that is most likely to work for them reasonably raises doubts on the filed charges. The three most common defenses to the crime are:
The defendant acted under duress. This means that the principal offender forced the abettor to help them before or after the crime.
The principal did not commit the crime.
The abettor did not know that the first offender would commit a crime or had committed a crime.
Under Florida Statute 777.03(1)(a), a person cannot face charges as an accessory of murder after the fact if they are the principal offender’s spouse, child, grandparent, parent, grandchild, brother, or sister. However, an uncle, aunt, or cousin can face charges as an accessory after the fact. This is despite their blood relationship.
However, these people and others not related by blood or marriage can still have a few valid defenses to a charge of accessory after the fact. Some effective defenses are:
Being a victim of domestic violence: For example, if the murder involves a defendant’s child, they can be granted leniency if they themselves were subjects of domestic violence in the hands of the principal offender.
No duty to report: a person charged as an accessory to murder could be in a position where they have no duty to report illegal conduct to the authorities even in the full knowledge of the crime.
Refusal to cooperate: A defendant cannot be convicted of being an accessory to the fact by refusing to cooperate with the authorities. They have a right to disavow knowledge of the crime or not cooperate with the investigation if they choose to.
It is always recommendable for people facing accessory to murder charges to seek legal advice from a violent crime lawyer. A skilled lawyer will help them determine the most suitable defense to use depending on the evidence presented. Furthermore, the attorney-client relationship protects the communications with a lawyer from the public domain.
Contact a Criminal Defense Lawyer
If you have been arrested and accused of being an accessory to murder, remember that the officers may use any statement you make against you. To protect yourself, get trusted legal representation to defend you. This is a serious charge and can result in heavy penalties or prison sentences.
A lawyer at Meltzer & Bell can defend you to help reduce the penalties or have the charges dropped altogether. Get in touch with us now to request a consultation and a free case assessment.
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---https://www.fjrcriminaldefense.com/blog/2023/01/the-difference-between-an-accomplice-and-an-accessory-to-murder/
from google ( primary murderer vs accessory sentence leniency severity ) result 3
Seasoned Legal Judgment You Need To Protect Your Rights
Matthew Radefeld & Dan Juengel
Matthew A. Radefeld and Daniel A. Juengel
The difference between an accomplice and an accessory to murder
On Behalf of Frank, Juengel & Radefeld, Attorneys at Law | Jan 5, 2023 | Homicide |
Being charged with the offense of accomplice or accessory to murder can be scary. However, it’s essential to understand the difference between the two legal terms. Here is a comprehensive look at accomplice and accessory to murder, including possible defenses.
What is considered an accessory to murder?
A person who aids a murder offender before or after the crime is referred to as an accessory to murder. They are never at the scene of the crime itself.
If someone charged with accessory to murder helped the primary offender before the crime took place and failed to notify relevant authorities after learning about the potential murder, the law considers them an accessory before the fact. Likewise, hiding or destroying evidence after knowing about the murder makes them an accessory after the fact.
Accessory to murder charges
An accessory to murder is charged based on the degree of the murder. However, a person may face similar charges to the principal offender if they were an accessory before the fact. They can receive a life sentence in prison or a death sentence for first-degree murder, life imprisonment for second-degree murder, and imprisonment of up to 15 years for third-degree murder.
Common defenses against accessory to murder charges
Someone accused of accessory to murder has the right to legal defense when facing such allegations. Some of the most common defenses for accessory to murder in Missouri include the following:
The defendant was unaware that the principal offender had committed murder or intended to commit one.
The principal offender didn’t commit the murder.
The accused acted under duress.
No murder occurred.
What is considered an accomplice to murder?
Facilitating or encouraging a person to commit murder can make someone an accomplice to the crime. An accomplice can facilitate the murder by providing the victim’s location despite knowing the offender’s intentions, or they can loan or provide the murder weapon.
It’s important to note that an accomplice differs from a conspirator. A conspirator is involved in the planning but does not help the principal offender commit the offense. They know about the intention to commit murder and agree with the plans.
Accomplice to murder charges
An accomplice to murder usually faces similar charges to principal offenders. Although they did not commit the crime, they were fully aware of the plan. If someone is an accomplice in a robbery where a victim was murdered, they will be charged for being an accomplice to both murder and robbery.
Common defenses against accomplice to murder charges
When accused of being an accomplice to murder, a criminal defense attorney can use the following defenses:
The accused did not intentionally participate in the murder.
The accused withdrew from the plans and tried to prevent the murder.
The accused assisted after the crime was committed.
Accusations of both accessory and accomplice to murder are serious charges, although the difference in defense and possible sentencing varies greatly as the level of involvement in the crime is not the same.
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----https://criminalduiattorneyoc.law/2021/12/30/accessory-to-murder-or-accomplice-whats-the-difference/
from google ( primary murderer vs accessory sentence leniency severity ) result 5
accessory to murder or accomplice : what is difference ?
If you get charged with the offense of accomplice or as an accessory to murder in California, you will be confused about what the charges pertain to. Few people understand that a criminal accessory isn’t the same offense as a criminal accomplice. Both relate to helping the primary offender perpetrate their crime, but in different ways.
Differentiating the two legal terms could be the difference between a misdemeanor and a felony, probation, or mandatory jail sentence. So, here’s a look at the legal terms, what they mean, and what to do if you or a loved one gets accused.
What is an Accessory?
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California Penal Code 31 PC defines an accessory as any individual who assists helps the principal offender to commit a crime, including murder. Typically, help is provided before the crime gets committed. Accessories are never present at the scene of a crime, and therefore, do not assist when the crime is committed. Furthermore, they do not conspire to commit the crime or abet and aid the principal offender to further the crime.
If you learn about a potential murder but fail to notify the relevant authorities or proceed to assist the offender, you’ll be considered an accessory to the crime. Likewise, if you learn of murder after its commission and help the suspect to evade detection, hide or destroy evidence, you’ll be considered as an accessory to the murder.
How Serious is an Accessory to Murder Charge in California?
Accessory to murder is a criminal felony in California. It’s sometimes referred to as abetting or aiding murder, which attests to the seriousness of the offense. On the flip side, you cannot be charged as an accessory to murder if you unintentionally helped the principal offender before or after committing the crime. Also, you cannot be convicted of accessory to murder if you acted under duress.
If you get convicted, penalties can vary depending on how the murder was planned and executed. In abetting and aiding cases, defendants often face similar charges as the principal offender. Thus, an abettor or aider can face life imprisonment without parole.
In California, an accessory who learns about a murder after it’s committed is considered a “wobbler.” Hence, their offense can be treated as either a felony or misdemeanor depending on the facts surrounding the case. The defender’s criminal history also holds sway. Nonetheless, here are two key points to keep in mind:
As a misdemeanor charge, accessory after the fact is punishable by a jail term of up to one year in county jail, and a fine of up to $5,000.
As a felony charge, accessory after the fact is punishable by a maximum jail term of three years in state prison and a maximum fine of $5,000
Defenses Against Accessory to Murder Charges
Any person facing accessory to murder allegations has the right to legal defense. Ideally, an effective defense should poke holes into the charges. It’s best to hire an aggressive criminal defense lawyer to cast reasonable doubt on the charges brought against you.
An experienced attorney will know which defense works best in your case. As with other crimes, there are several defenses against this charge. Lawyers often draw upon different legal strategies and options to challenge accessory to murder allegations. This may include showing that:
The defendant didn’t know that the person they helped intended to commit murder or had committed murder
The accused acted under duress
No murder took place in the first place
The principal offender did not commit murder
Who is an Accomplice to Murder?
Accessory to Murder Lawyer
Accomplices (also known as abettors or aiders) are individuals directly connected to the crime. If you face accomplice to murder charges, you stand accused of facilitating or encouraging the principal offender to commit the crime. For instance, you may facilitate a murder by providing the primary offender with information regarding the victim’s whereabouts while knowing that the offender intends to harm the victim.
The accomplice to murder can be the individual who loans or hires the murder weapon to the offender. If you turn off the alarm systems at the premises where you knew the victim might get murdered, you will be considered an accomplice to murder. However, remember that complicity and conspiracy are two different terms.
Complicity entails assisting the offender in the murder act. On the flip side, conspiracy may involve participating in the planning rather than the actual murder. Once you learn about the murder plan and agree with it without helping the offender execute the offense, you will be part of the murder conspiracy. Other examples of abetting and aiding a murder include:
Keeping the getaway car’s engine running
Driving the getaway car
Serving as a lookout while the primary offender commits murder
How Serious is an Accomplice to Murder Charge in California?
In California, conspiracy is considered a separate offense from the actual crime the conspirators committed. So, if the prosecution proves there was an agreement and intent to commit a murder, the accused will undoubtedly be found guilty of contriving to commit murder.
California’s Penal Code 31 PC makes it illegal to facilitate, aid, or encourage the commission of criminal acts, including murder. So, if you’re found guilty of conspiring to commit murder, you face the same punishment as the principal offender. Aiding and abetting isn’t a separate crime but a legal principle outlined in the California Penal Code.
The state could prosecute everyone who is “in on” the crime even if they did not perpetrate or participate in the crime directly. An abettor or aider faces similar charges under the California Penal Code as the primary perpetrator. Hence, if convicted, they face life in prison just like the individual who committed the actual killing.
Defenses Against Accomplice to Murder Charges
If you are accused of aiding or abetting a murder, a criminal defense lawyer can present several defenses on your behalf. These include:
You Did Not Participate in the Crime
Your attorney can argue that you are not guilty of abetting or aiding the commission of a murder. For instance, if you were a passenger in a car driven by friends on a murder mission, didn’t know about their plans, and fled when they got arrested you can be left off the hook. In this case, a criminal defense lawyer will prove you did not intentionally participate in the crime.
You Withdrew from Participating in the Crime
If you were part of the murder conspiracy but withdrew from participation by notifying other people of your intention and did everything to prevent the plot from proceeding, you can fight your abetting and aiding charges. Your lawyer will argue that you effectively communicated your desire to withdraw from the plot and tried to prevent its commission. In this case, you’re likely to get acquitted of the charges.
False Accusations
Sometimes, there’s no need for physical proof that you abetted or aided the principal offender in the commission of murder. Thus, it’s easy to get falsely accused of doing so as it happens to many people. This often happens when someone tries to divert their criminal culpability by naming you as part of the conspiracy. With a lawyer by your side, the facts of the case will be investigated thoroughly so that the truth comes to light.
You Had No Duty to Act
If you knew of a plot to commit a crime but did nothing to prevent it from happening, you are not guilty of being an abettor or aider. However, Penal Code 31 stipulates that you’ll be guilty of the allegations if you had a legal duty to act.
Legal duties tend to be few and far between because they are conferred upon individuals by law. Besides, they do not come into play that often. Thus, knowing that a crime is about to be committed and doing nothing about it isn’t enough to have you convicted as an abettor or aider.
You Facilitated the Crime After It Happened
It’s possible to facilitate a murder plot after it’s over. In this case, you won’t get charged as an accomplice but as an accessory to murder. Under PC 31, accessories are regarded as obstructers of justice who did everything possible to help the offender to evade arrest/punishment. As a result, they often face a lesser punishment than aiders and abettors.
Getting the Help You Deserve
Facing allegations of accessory or accomplice to murder is one of the most challenging things anyone can experience. The prospect of spending the rest of your life behind bars or paying hefty fines is real. Depending on your role in the crime, you can be charged with anything from a simple misdemeanor to a Class A Felony.
At Seyb Law Group, we’re committed to helping you secure the best judgment. Our aggressive criminal trial lawyers have a proven track record of giving clients a fighting chance and winning the most challenging cases. We’re here to help you navigate this stressful period of your life, so schedule a free case evaluation today or visit our offices in Tustin, Orange County, to get started.
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---https://www.simmrinlawgroup.com/faqs/meaning-of-accessory-to-murder/
from google ( primary murderer vs accessory sentence leniency severity ) result 6
What does It Mean to Be an Accessory to Murder?
FREE Case Evaluation!
Frequently Asked Questions What does It Mean to Be an Accessory to Murder?
A threatening man with a knife.
Can you be charged with helping a murder even after the fact? Yes. There is a crime in California and other states called “accessory to murder.” Understanding what that crime is can be a little challenging.
An accessory is different from an accomplice or a conspirator. Some states separate accessory into two crimes: before the fact and after the fact. If you’re charged with accessory to murder in California, here’s what it means.
What Is an Accessory?
An accessory is someone who assists a murderer before or after a felony crime and is usually not present when the crime happens. An “accessory before the fact” helps someone commit a crime before it happens. The opposite is true for an “accessory after the fact.”
In a murder situation, an accessory before the fact might encourage someone to kill someone else. An accessory after the fact helps a murderer after they’ve killed. This could be immediately after, like driving a getaway car or hiding the murderer in your home. It could be loaning them money to flee the area or disposing of the murder weapon.
For a free legal consultation, call (310) 935-0038
Aiding and Abetting in California
Accessory before the murder is known as “aiding and abetting”. It is practically the same as being an accomplice. If you are convicted of this crime, you could face the same penalties as the person who did the actual act. This will likely mean a lengthy prison sentence, possibly for life.
Aiding and abetting covers a wide range of behaviors. Under the text of the law, it is encouraging, aiding, facilitating, or inciting the felony. They could offer a weapon or drive them to the scene. Even simply yelling at someone to kill someone else in a fight could be an accessory before the fact. It does not matter if it was in the heat of the moment.
To be convicted of aiding and abetting, the state must prove:
You knew the person you helped (the principal offender) would commit a crime.
The principal committed the felony.
You did help them in some way.
You weren’t acting under duress.
If all four of these can be proven, then the state has a good shot at making this charge stick.
Proving Accessory to Murder After the Fact
A different set of things must be proven for the charge of accessory for murder after the fact, such as:
Someone other than you committed a felony.
You helped them in some way.
You knew that they committed a felony or were convicted of one.
You intended to help the felon escape justice (e.g., arrest, trial, etc.).
While accessory after the fact can be either a misdemeanor or a felony, it is likely a felony in murder cases. If you are convicted of this crime, you could go to jail or state prison for up to three years and face a maximum fine of $5,000.
If the prosecutor decides to be lenient and charges it as a misdemeanor, you could face up to one year in jail and a maximum fine of $1,000. If you have a criminal defense lawyer, they could argue that your contribution to the crime was minimal to persuade the court to go this way.
Click to contact our Criminal Defense Lawyers today
What Is Conspiracy?
Conspiracy is somewhat similar to an accessory before the fact (aiding and abetting), but no crime needs to occur. In California, two things must be proven to convict someone of conspiracy.
Two or more people need to agree to commit a crime.
One or more people who agreed need to do something to move toward the act.
In a murder situation, this could be agreeing to help someone kill someone, then buying the weapon for the deed. Note that the actual murder doesn’t need to happen. Just agreeing to do a crime and taking steps toward it makes it a conspiracy.
Call or text (310) 935-0038 or complete a Free Case Evaluation form
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---https://www.legalmatch.com/law-library/article/hate-crime-punishments.html
from google ( primary murderer vs accessory sentence leniency severity ) result 7
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What Is a Hate Crime?
A hate crime is a type of crime committed on account of victim’s membership or affiliation with a particular group, creed, or lifestyle.
A typical example of this is when a person is assaulted on their race or sexual preference.
Hate crime laws are closely related to anti-discrimination laws. They may use comparable categories for specifying protected groups (such as age, race, religious background, sexual preference, etc.)
Contents
What Are Some Hate Crime Punishments?
Hate crimes regulations typically have the effect of enhancing or increasing penalties for criminal conduct. For example, a typical case for criminal property damage may result in a jail sentence of 6 months to one year. Yet, if the court figures that the conduct was intended to be a hate crime, the penalties may increase to more than one year. Criminal fines may also rise if the charges involve an aspect of a hate crime.
In this sense, hate crime punishments can be similar to aggravating factors that increase the criminal sentence. Hate crimes can occasionally result in civil lawsuits as well.
Many hate crime incidents result in felony charges. Examples include batteries that result in extreme bodily injury and hate crimes that involve sexual assault. Felony charges typically involve punishments such as prison sentences of greater than one year and advanced criminal fines.
What Is Criminal Sentencing, and How Does It Work?
If someone is convicted of a crime, they will then find out what the legal punishment for their behavior will be. This is known as the sentencing phase. It is separate from the part of the trial that determines guilt or innocence. Since there are many crimes, from minor infractions to aggravated felonies, there are also many different levels of potential criminal sentences.
Sentences can vary from fines and community service up to serious prison time and even capital punishment (such as the death penalty) in a few places. Every jurisdiction defines its criminal sentencing guidelines differently, and the potential sentence for a conviction may depend on where you are.
How Is a Criminal Sentence Decided?
Every state has its sentencing regulations, as does the federal justice system. These regulations are laid out as guidelines for the judge to reference after a person is found guilty of the offense and authorizes the judge to regard all sorts of mitigating and aggravating factors before passing a sentence.
The sentencing phase of a trial permits certain types of evidence that cannot be introduced in the guilt/innocence phase. One-time criminal history, for instance, cannot be introduced as evidence that the defendant is more likely to have committed this crime, as this creates an unjust bias against the accused.
A judge will weigh many other factors before deciding on a sentence. One-time criminal history is admissible evidence during the sentencing phase of a trial. A first-time offender is more likely to receive a lenient sentence than a repeat offender. The judge will also look at the convicted individual’s role in the offense. Were they the main actor or merely an accessory? Were they pressured or excessively influenced to take part in the offense?
And, of course, the offender’s mannerisms are a big part of deciding on a sentence. Violent, vengeful, and abusive behavior during the commission of the crime means that judges are less likely to be tolerant.
What Is an Aggravating Factor?
“To aggravate” means “to make worse, more severe, or more intense; to amplify unpleasantly.” Thus, in criminal law, an aggravating factor is any circumstance related to a charged crime that somehow exacerbates the crime. The term “aggravating factor” refers to several features involved in a criminal act, including the particular victim, the motivation behind the crime, or the device used to commit it that makes it worse.
Aggravating factors are sometimes referred to as “enhancement.” While the terminology might be different, the effect is the same. An enhanced crime deserves a more harsh punishment than a crime that is not enhanced.
For example, with a drug crime, aggravation of the crime comes about when the amount of the drug is more significant than a certain amount. In the case of a burglary, using a weapon, physical force, or threat of force makes the crime worse in the view of the law. This can worsen both the degree of the crime and the punishment.
An aggravating factor might mean a crime is charged as a felony instead of a misdemeanor in some states. Or, it might increase the level of a felony from a lesser offense to a more serious one. However, the basic result is that the punishment is more severe because of the aggravating factor.
Most people are acquainted with the degrees of the crime of murder. The presence of aggravating factors makes a homicide first-degree murder instead of second-degree murder or manslaughter.
While the factors that make a homicide first-degree murder as opposed to a lesser crime vary by state, a premeditated homicide is a factor in first-degree murder. Other aggravating factors would be that the murder occurred as part of a kidnapping. Or the defendant lay in wait or ambushed the victim. Or the victim was a police officer. Other cases may lead to a first-degree murder charge depending on the state’s law where the crime took place.
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Why Are Aggravating Factors Important?
If a person is convicted of a crime, any related aggravating factors could raise the severity of the punishment. For instance, if a person is sentenced to a term in prison, the sentence length could be increased.
This would mean that the individual serves more years in prison than if there had not been aggravating factors. Or, if the defendant must pay a fine, the aggravating factors could significantly increase the fine amount.
What Are the Types of Hate Crime Legislation?
Several regulations have been enacted to criminalize hate crimes:
Regulations shield a targeted institution from vandalism or defacing a church, mosque, or religious building.
Laws that shield a person based on their specific membership of a group.
Laws protect a person based on their gender, sexual preference, race, or religion.
Are There Any Defenses to Hate Crime Charges?
Hate crime charges often need extensive amounts of evidence for validation. The court needs to confirm the defendant’s motivations for committing the crime. Therefore, if there is insufficient evidence to establish what the defendant’s reasons were, it may serve as a defense against the hate crime aspects of the charges. Nonetheless, the defendant may still be charged for the underlying offense (such as assault, etc.) and may receive the standard penalties.
Conventional defenses may also apply to the case, such as self-defense, involuntary intoxication, etc. These kinds of defenses may also apply to the underlying offense.
Do I Need a Lawyer for Help with Hate Crime Charges?
Hate crime regulations can be different from place to place. Not all states deliver the same protections for other groups. You may want to employ a criminal defense lawyer if you need help with any criminal charge. Your attorney can advise you on the matter and represent you during the trial if needed.
They are knowledgeable in the criminal law of your state or the federal system if your case is a federal case. They can help you identify any possible aggravating factors in your case, how they might affect your case, and the best strategy for defending against them or countering their effect with mitigating factors.
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---https://www.cps.gov.uk/legal-guidance/homicide-murder-manslaughter-infanticide-and-causing-or-allowing-death-or-serious
from google ( primary murderer vs accessory sentence leniency severity ) result 8
Homicide: Murder, manslaughter, infanticide and causing or allowing the death or serious injury of a child or vulnerable adult
Updated: 18 March 2019, Updated (Sentencing): 12 August 2022 and 09 September 2022; Reviewed and Updated 5 October 2023|Legal Guidance, Violent crime
Introduction
CPS Guidance
Murder
Manslaughter
Voluntary manslaughter and partial defences to murder
Diminished Responsibility
Loss of Control
Suicide Pact
Involuntary Manslaughter
Alternative Counts, Verdicts and Pleas
Charging murder or manslaughter in cases of suicide
A year and a day
Infanticide
Suffocation of a child under three years of age
The legal position, and procedural provisions, where murder or manslaughter also charged
Public Interest
Public Interest Factors Tending in Favour of or Against Prosecution
Handling and Referral
Selection of charges
Bail
Reports
Coroner
Murder Sentencing
Manslaughter Sentencing
Introduction
This prosecution guidance:
outlines the relevant law for homicide offences which prosecutors may charge
gives guidance on adding an alternative count of manslaughter on an indictment alleging murder
sets out the importance of considering murder or manslaughter in cases of suicide, in particular in a domestic abuse context
gives guidance on how prosecutors should approach the procedural and evidential provisions where "causing or allowing offence the death of a child or vulnerable adult" is charged alongside murder and manslaughter
gives guidance on how prosecutors should approach the public interest considerations when dealing with "mercy killings" and suicide pacts.
CPS Guidance
Other CPS guidance which might be of assistance includes:
Guidance relating to other homicide offences: Road Traffic - Fatal Offences and Bad Driving, Corporate Manslaughter, Gross Negligence Manslaughter and Suicide - Encouraging or Assisting Policy, Non Accidental Head Injury Cases (NAHI, formerly referred to as Shaken Baby Syndrome [SBS]) - Prosecution Approach.
Referral of Cases guidance.
Secondary Liability: charging decisions on principals and accessories guidance in relevant cases.
Bereaved Families - Guidance on CPS service to bereaved families in homicide cases and the National Standards of Support after acquittal.
Murder
Subject to 3 exceptions (which constitute partial-defences to murder, and result in a conviction for manslaughter)
the crime of murder is committed, where a person:
of sound mind and discretion (sane)
unlawfully kills (not self-defence or other justified killing)
any reasonable creature (a human being)
in being (born alive and breathing through its own lungs)
under the King's Peace (not in wartime)
with intent to kill or cause grievous bodily harm (in contrast to the offence of attempted murder, where only intent to kill will suffice)
Intent is an ordinary English word. It should not normally be elaborated on or paraphrased. It is different from motive and
prosecution does not have to prove motive, or that grievous bodily harm or death were the outcome wished for.
For further consideration where intent might be an issue, see the Judicial College's Crown Court Compendium, Part 1, at 8-1.
The suspect's act must be a substantial cause of the death, not necessarily the sole or principal cause.
Self-defence is as much a defence to murder and manslaughter as to any other offence.
Assessing whether there is a realistic prospect of conviction includes an objective assessment of evidence including
the likelihood of this defence being raised and of the prosecution disproving it to the criminal standard.
Duress is not available as a defence to murder or attempted murder.
A count of murder on an indictment should refer to the date of death, not the date of the act that caused the death.
Manslaughter
Manslaughter is primarily committed in 1 of 3 ways :
Killing with the intent for murder but where a partial defence applies, namely loss of control, diminished responsibility or
killing pursuant to a suicide pact.
Conduct that was grossly negligent given the risk of death, and did kill ("gross negligence manslaughter"); and
Conduct taking the form of an unlawful act involving a danger of some harm that resulted in death ("unlawful and dangerous act manslaughter").
The term "voluntary manslaughter" is commonly used to describe manslaughter falling within (1) while (2) and (3) are referred to as "involuntary manslaughter".
Voluntary manslaughter and partial defences to murder
Where all of the elements to prove murder are present, including an intention to cause death or grievous bodily harm,
a partial defence may be raised in 3 circumstances. Unlike a complete defence such as self-defence, these operate to reduce guilt
for murder to guilt for manslaughter. They are: diminished responsibility, loss of control and killing in pursuance of a suicide pact.
Diminished Responsibility
that defendant must prove the following 4 elements :
defendant was suffering from abnormality of mental functioning
if so, whether it had arisen from a recognised medical condition
if so, whether it had substantially impaired the defendant's ability either to understand the nature of
their conduct or to form a rational judgment or to exercise self-control (or any combination)
if so, whether it provided an explanation for their conduct: section 2 Homicide Act 1957 as amended by section 52 Coroners and Justice Act 2009
For the relevant law and jury directions for diminished responsibility, see the Judicial College's Crown Court Compendium, Part I, at 19-2.
As the onus is on the defendant to establish diminished responsibility on the balance of probabilities, they are likely to need to obtain expert evidence in support. The prosecution will then review the case. In some cases it may not be necessary to obtain evidence from a further expert,
because the defence expert evidence (on paper, or when challenged in cross-examination) is unlikely to substantiate that defence.
More usually, the prosecution will need to obtain evidence from a further expert. As part of the ongoing duty of review, the prosecution will further review the case. In doing so, it should be borne in mind that the jury is not bound to accept medical evidence and that the evidence, especially when tested through cross-examination, may not meet the elements of diminished responsibility. See the prosecution guidance on Experts.
The judge must consider whether the defence of diminished responsibility should go to the jury.
First, however, a prosecutor will review the case and make clear to the court and the defence whether it is the prosecution view that there is a realistic prospect of conviction for murder or not. If there is no realistic prospect of conviction, especially if the evidence is unequivocal and uncontradicted and has plainly met each element for diminished responsibility, then a plea of manslaughter should be accepted. If there remains a realistic prospect of conviction, in the course of that review the prosecution should establish whether in its view there is or is not sufficient evidence to go to the jury for the partial defence, and make submissions accordingly, inviting the judge to withdraw the defence in appropriate cases.
Voluntary acute intoxication cannot found diminished responsibility: R v Dowds (Stephen Andrew) [2012] EWCA Crim 281.
In cases where a defendant who suffered from a mental abnormality was also intoxicated the correct approach is for the jury to ignore the effects of intoxication and to ask
whether the defendant's other condition(s) of mental abnormality substantially impaired their responsibility for the killing – R v Dietschmann [2003] UKHL 10. See also: R v Joyce Kay (2017) EWCA Crim 647 and R v Wood [2008] EWCA Crim 1305.
Loss of Control
The loss of control defence has 3 components – see section 54(1)(a)(b)and (c) Coroners and Justice Act 2009:
Loss of control (the first component);
A qualifying trigger (the second component); and
An objective test (the third component): A person of D's sex and age, with a normal degree of tolerance and self-restraint and in the circumstances of D, might have reacted in the same or in a similar way to D.
The trial judge should consider the three components sequentially. If sufficient evidence is adduced to raise this defence,
on which in the opinion of the trial judge a jury, properly directed, could reasonably apply, then the prosecution must disprove loss of control beyond reasonable doubt. For the relevant law and jury directions for loss of control, see the Judicial College's Crown Court Compendium, Part I, at 19-3.
For examples of where insufficient evidence of loss of control was raised, in respect of one or more of the elements required, and so the issue was not left to the jury, see R v Gurpinar (Mustafa) [2015] EWCA Crim 178, R v Dawes, Hatter and Bowyer [2013] EWCA Crim 322, and R v Christian [2018] EWCA Crim 1344.
Applying the objective test at section 54(1)(c) CJA 2009, a mental disorder cannot be relevant to the question of the degree of tolerance and self-restraint exercised by the hypothetical person. That hypothetical person is a person with a normal degree of tolerance and self-restraint and
defendants conduct is to be judged against normal standards see R v Rejmanski (Bartosz) [2017] EWCA Crim 2061. Diminished responsibility remains however as a partial defence.
Self-induced intoxication is to be disregarded for the purposes of this partial defence. However, if a sober person in
defendant's circumstances, with normal levels of tolerance and self-restraint, might have behaved in the same way as the defendant,
the defendant will not be deprived of the loss of control defence simply because they were intoxicated.
Different considerations would arise if a defendant had a severe problem with alcohol or drugs and was mercilessly taunted
about the condition, to the extent that it constituted a qualifying trigger: the alcohol or drug problem would then form part of the circumstances for consideration: R v Asmelash (Dawit) [2013] EWCA Crim 157.
The prosecution should invite the judge to withdraw the loss of control defence from the jury where
there is insufficient evidence on any one of the three elements to allow the defence to be put to the jury.
The Court of Appeal have emphasised this in R v Clinton and others [2012] EWCA Crim 2, at para. 105 and at para.
82 of R v Rejmanski (Bartosz) [2017] EWCA Crim 2061.
Suicide Pact
A person, acting in pursuance of a suicide pact between themselves and another, who kills the other or is a party to the other being killed by a third person, is guilty of manslaughter and not murder (section 4 of the Homicide Act 1957).
The defendant must satisfy the jury on the balance of probabilities that there was a suicide pact in existence, and if so,
that the defendant at the time of the killing was acting in pursuance of it and had a settled intention of dying in pursuance of it.
Involuntary Manslaughter
Where an unlawful killing is done without an intention to kill or to cause grievous bodily harm, the suspect is to be charged with manslaughter not murder. Apart from the absence of the requisite intent, all other elements of the offence are the same as for murder. There are primarily two types of involuntary manslaughter, that caused by an unlawful or dangerous act and that caused by gross negligence.
Unlawful Act Manslaughter
For the relevant law and jury directions for unlawful act manslaughter, see the Judicial College's Crown Court Compendium, Part I, at 19-5. The prosecution must prove an intentional act (not omission); that the intentional act is unlawful; that it is an act which all sober and reasonable people would inevitably realise must subject the victim to at least some risk of harm.
No "unlawful act" for the purpose of unlawful act manslaughter occurs, where a person only supplies drugs or materials to another, who then in turn administers the drug themselves and dies. This is the case even where a person assists another to take the drug by performing preparatory acts, such as applying a tourniquet or preparing a syringe for injection. The House of Lords considering the point, stated that the criminal law generally assumed the existence of free will and, subject to certain exceptions, informed adults of sound mind were treated as autonomous beings able to make their own decisions on how to act: R v Kennedy (Simon) (2007) 3 WLR 612 – where K supplied the drug to B, who then had a choice, knowing the facts, whether to inject himself or not.
Gross negligence manslaughter
For guidance on the referral of gross negligence manslaughter cases see the Referral of Cases to CPS Headquarters. See also separate guidance on Corporate Manslaughter.
For the relevant law and jury directions for gross negligence manslaughter, see the Judicial College's Crown Court Compendium at 19-4.
The elements of this offence were stated concisely by the President of the Queen's Bench Division in Rudling [2016] EWCA Crim 741 at paragraph 18 as follows: "the breach of an existing duty of care which it is reasonably foreseeable gives rise to a serious and obvious risk of death and does, in fact, cause death in circumstances where, having regard to the risk of death, the conduct of the defendant was so bad in all the circumstances as to amount to a criminal act or omission".
Alternative Counts, Verdicts and Pleas
Section 6 of the Criminal Law Act 1967 provides that, on an indictment for murder, a person found not guilty may, in the alternative, be found guilty of manslaughter. Prosecutors must therefore carefully consider the question of an alternative counts on the indictment when:
A partial defence to murder is in issue; or
Intention short of an intent to cause grievous bodily harm is in issue.
At the outset of a case, or at a later stage pre-trial, it may be apparent that the defendant's defence means that they are guilty at the least of
manslaughter. An indictment may be preferred to allow the defendant to enter a plea to this offence, which may be acceptable to the prosecution, or if not, will ensure the issues for the jury are narrowed and a guilty plea is recorded in the event of acquittal for murder.
If a defendant pleads not guilty to murder but guilty to manslaughter without that appearing as a count on the indictment,
that plea is a nullity if the prosecution does not accept it. The defendant cannot be sentenced for it in the event of acquittal on the count of murder. It should therefore, as suggested above,
be put to the defendant on 2-count indictment; if the defendant pleads guilty to the second count of manslaughter,
it is the first count on which the defendant can then be tried by a jury: Hazeltine [1967] 2 QB 857; Yeardley [2000] 2 WLR 366.
At trial, if a plea of manslaughter would not be acceptable, this alternative count need not appear on the indictment for the jury. The exception would be where the prosecution concludes there is a real (rather than a fanciful) prospect of the jury finding
the defendant guilty of manslaughter, and if the jury were not sure of
the defendant's guilt on the charge of murder, the prosecution, after a trial for murder, would accept a guilty verdict on the charge of manslaughter i.e. not seek a re-trial for murder. The addition of an alternative count in these circumstances is therefore simply an indication about the prosecution position should the jury not convict of murder. For the role and responsibilities of the judge in this regard, see R v Foster (Mark) [2007] EWCA Crim 2869.
The following are the consequences of adding or not adding an alternative of manslaughter when proceeding on the charge of murder:
If the jury cannot reach a verdict on the murder count, but return a guilty verdict on the manslaughter count which has been added as an alternative, the prosecution will not usually seek a re-trial on the count of murder.
If no alternative is included on the indictment, the prosecution must decide when the jury retires to consider their verdict on murder whether to seek a re-trial if the jury cannot agree, or whether it would be prepared to accept the alternative (manslaughter).
If the prosecution submits that the judge should accept the verdict of manslaughter, then it will be accepting that it will not be proceeding to a retrial on the charge of murder.
If the prosecution submits that the judge should not accept the verdict of manslaughter, and therefore seeks a retrial on the charge of murder, the judge may agree to accede to this, discharge the jury and order a retrial on the charge of murder.
If, despite representations to the contrary, the judge accepts the verdict of manslaughter because it meets the justice of the case, the prosecution will not be able to seek a retrial on the charge of murder even if there is no abuse of process: see R v JB [2013] EWCA Crim 356.
Lord Hughes, in Robinson v The State [2015] UKPC 34, stated that: "It is accepted practice to accept pleas of guilty to manslaughter by reason of diminished responsibility where, on careful analysis, it is plain to the Crown that that is the right outcome. So long as this careful consideration is given to each case, it is plainly of public benefit for guilty pleas to manslaughter to be accepted. This avoids trials on non-issues which would be both expensive to the public and distressing to many of those involved, whether as witnesses, relatives of the deceased or as
defendants and their families."
This amplifies the importance of only accepting pleas as an alternative to murder when it is proper to do so and also articulating the reasons why it is the right course of action in some cases to do so. Prosecutors must, as in every case, consider carefully the acceptability of pleas and must clearly apply section 9 of the Code for Crown Prosecutors and the Attorney General's Guidelines on the Acceptance of Pleas and the Prosecutor's Role in the Sentencing Exercise when reviewing the case.
Particular care is needed where allegations are made about the victim who cannot speak to them. All reasonable lines of enquiry, whether they point towards or away from the suspect, should be pursued where there is any claim that
a defendant may be guilty of manslaughter but not murder, in order to determine whether or not there remains a realistic prospect of conviction for murder.
The CPS should consult the police, counsel and the family of the victim before accepting a plea to manslaughter.
Charging murder or manslaughter in cases of suicide
Murder or manslaughter may be the appropriate charge where suicide follows an unlawful act or acts by the suspect. This most obviously applies (but is not restricted to) a domestic abuse context; for instance, where a suspect has subjected the victim to controlling and coercive behaviour or ongoing violence. Early advice and engagement between police and prosecutor is essential where the police are considering such an investigation. This should cover coordination with the coroner, and identifying and obtaining all relevant information to understand the relationship history between suspect and the victim and what led the victim's state of mind in order to establish causation. Such material would include medical records and any digital material between the parties, in addition to third party accounts.
For cases where the suspect did an act with intent to kill or cause grievous bodily harm, and suicide then followed, murder may be the appropriate charge. Suicide will not necessarily break the chain of causation but the psychiatric injury caused by D's acts must have been an operating and significant cause of death. See: Dear [1996] 3 WLUK 208 and Wallace [2018] EWCA Crim 690.
For cases where the suspect acted so as to cause a recognisable psychiatric injury resulting in the victim's suicide, unlawful act manslaughter may be made out. See D [2006] EWCA Crim 1139 and R v Chan Fook [1994] 1 WLR 689. Evidence from a Home Office psychiatrist should be obtained to provide the psychiatric injury and prosecutors must carefully consider the extent of any pre-existing mental health conditions.
A year and a day
Attorney General's consent needs to be obtained (section 2(2) Law Reform (Year and a Day Rule) Act 1996) before initiating proceedings, if:
The injury alleged to have caused the death was sustained more than three years before the death occurred; or
The person has previously been convicted of an offence committed in circumstances alleged to be connected to the death.
See the Consents to prosecute guidance, which includes the approval required for such applications.
In some circumstances, such as those where a defendant is convicted of an offence e.g. assault relating to the victim,
but where the victim's injuries eventually proves fatal and the defendant is then charged with murder (potentially several years later), prosecutors should consider section 74(3) of the Police and Criminal Evidence Act 1984 ("PACE 1984"). This section allows for the earlier conviction to constitute admissible evidence to prove that
defendant was guilty of assaulting the victim but also potentially guilty of murder. Whilst the earlier conviction is admissible, it is still open to
defendant on the balance of probabilities to show they did not commit the offence for which they were previously convicted. Furthermore, an application to exclude this evidence pursuant to section 78 PACE 1984 may be made. However, such an application should not be based on some 'nebulous' concept of unfairness. Rather, it needs to specifically relate to the particular circumstances of the case in question: see R v Clift, R v Harrison [2012] EWCA Crim 2750.
Infanticide
Where a woman causes the death of her biological child under the age of twelve months, but at the time the balance of her mind was disturbed because she had not fully recovered from the effect of giving birth or subsequent lactation, she may be guilty of infanticide and fall to be sentenced for manslaughter rather than murder: section 1 Infanticide Act 1938.
This offence can be charged even where the elements of murder are not made out as it covers situations wider than, for instance, where an intention to kill or cause grievous bodily harm is present, or it may be an alternative charge to murder: R v Gore [2007] EWCA Crim 2789 and R v Tunstill [2018] EWCA Crim 1696.
Suffocation of a child under three years of age
The offence of child cruelty created by section 1 of the Children and Young Persons Act 1933, which carries a penalty of up to 14 years' imprisonment, deems neglect to have occurred where:
the death of an infant under three years of age was caused by suffocation
that suffocation was not caused by disease or by the presence of any foreign body in the throat or air passage of the infant
death was caused while the infant was in bed with another person aged 16 or over
that other person was under the influence of drink or a prohibited drug at the time they went to bed
Death or serious injury to a child or vulnerable adult in a household
Section 5 ("the section 5 offence") of the Domestic Violence, Crime and Victims Act 2004 ("the 2004 Act") provides for an offence if a child or vulnerable adult dies or suffers serious injury and a member of their household caused the death of serious injury or allowed it to happen. The circular produced by the MOJ (with a Home Office cicular annexed) may assist in understanding the background to and interpretation of these provisions. The maximum sentence where death occurs is life imprisonment and 14 years' imprisonment where serious injury is caused.
The principles in this guidance apply to both death and serious injury and to a child or a vulnerable adult. However, in order to address most clearly the key considerations which arise, references henceforth will be to the situation where a "victim" dies without repeating the two types of victim and death/serious injury alternatives on each occasion. References to related offences of murder and manslaughter where death occurs apply equally, where serious injury occurs, to attempted murder, causing grievous bodily harm with intent to do so and inflicting grievous bodily harm. Although the 2004 Act identifies these offences as relevant where the section 5 offence is charged, prosecutors are not precluded from considering other charges. Depending on the circumstances of the case, these may include child cruelty, ill-treatment or neglect of a patient receiving treatment for a mental disorder or ill-treatment or neglect of a person who lacks capacity. Such charges may be appropriate to allow a jury to return verdicts to reflect earlier incidents of culpable behaviour, where these are background to the section 5 offence.
The section 5 offence is to be charged, in particular, where:
A suspect's culpability lies not in having caused the death – the evidence suggests that plainly another suspect killed the victim – but in the fact that they allowed the death to occur; or
There is more than one suspect in the household who killed the victim but it cannot be said which.
Suspects who allow a death or serious injury to occur
It must be proved that:
the suspect is aged 16 or over, or is a parent of the victim;
the victim was a child or vulnerable adult;
the victim died or suffered serious physical harm;
this was the result of an unlawful act (i.e. not an accident or natural cause);
the unlawful act must have been committed by a person who was a member of the same household as the victim;
the unlawful act must have been committed by a person who had frequent contact with the victim;
the suspect was also a member of the same household as the victim;
the suspect also had frequent contact with the victim;
there existed at the time of death or serious physical harm, a significant risk of serious physical harm being caused to victim by the unlawful act of any member of that household; and
either, the suspect was the person whose unlawful act caused Vs death;
or, the suspect was, or ought to have been, aware of that risk and failed to take such steps as they could reasonably have been expected to take to protect the victim from that risk of serious physical harm; and
the death occurred in circumstances of the kind that D foresaw or ought to have foreseen.
For interpretation of these elements, see:
section 5(6) the 2004 Act ("act", "child", "serious" and "vulnerable adult")
Lawrence [2017] EWCA Crim 2701 (application of the ordinary English meaning of words)
R v Mujuru (2007) EWCA Crim 1249 (application of the ordinary meaning of "significant risk", which is not "more than minimal")
Khan and others [2009] EWCA Crim 2 (which addresses several elements of the offence, including who may fall within the definition of "vulnerable adult", for which see also Uddin [2017] EWCA Crim 1072)
The offence is not restricted to parents, and siblings aged 16 or over, but to others who join the household, including new partners, other family members, domiciliary carers or au pairs. It is unlikely to extend to care homes or nurseries. The elements of the offence involve careful fact-sensitive analysis. This includes reasonableness in the light of the suspect's circumstances, intellectual and emotional capabilities and their ability to make independent decisions and choices.
Foresight of the risk of serious physical harm may either be addressed by asking "what did this particular suspect foresee?" or "what ought this particular suspect to have foreseen?" This involves an assessment of foresight by a person with the suspect's characteristics and capabilities and the inferences to be drawn about what they knew about risk. Risk of serious harm and foresight of it may most often be demonstrated by previous incidents of violence and the suspect's awareness that they had occurred.
More than one suspect
Where there is more than one suspect, and all the suspects are in the same household as the victim, then the section 5 offence may be charged. Section 5(2) provides that the prosecution does not have to prove whether any one suspect caused the death or failed to take steps or prevent it.
Nonetheless, by the close of all of the evidence in the case, the prosecution should be clear about the basis on which the case is put against each suspect. If convicted, the judge must be sure of the basis on which sentence is to be passed. Prosecution submissions at sentence will be informed by the basis on which the jury was asked to convict each defendant.
It may or may not be possible after all of the evidence has been heard to invite conviction for one defendant on the basis that they caused the death (the jury may nonetheless convict on the basis of allowing) and the remaining suspects on the basis of allowing.
The legal position, and procedural provisions, where murder or manslaughter also charged
In a case where there is more than one such suspect and the section 5 offence is charged, it may in addition be appropriate to charge the suspects with murder or manslaughter.
Several authorities have considered the situation where it is clear that a member of a household killed the victim, but it is not clear which one. In such cases, unless the suspects were acting as part of a joint enterprise, the ordinary principles of criminal liability require an acquittal on charges of murder or manslaughter. See, for instance Lane and Lane (1986) 82 Cr App R 5 CA.
This legal position means that, procedurally, a judge would be obliged to accede to an application to dismiss or a submission of no case to answer at the close of the prosecution case. There would be insufficient evidence on which a jury could be sure that any single one defendant killed the victim. A jury would have to have a reasonable doubt that it could have been one or more of the co-defendants.
The legal position remains: there is no case to answer (nor could a jury properly convict) for the offences of murder or manslaughter where the prosecution cannot prove who killed the victim.
However, different and important procedural and evidential provisions are introduced by section 6 and 6A of the Act which are relevant where murder or manslaughter may be charged along with the section 5 offence:
No application to dismiss may be made on a charge of murder or manslaughter, unless the section 5 offence is also dismissed.
A submission of no case to answer may only be made at the close of all of the evidence, not at the close of the prosecution case.
Where there is sufficient evidence for the court to consider the section 5 offence, the court will proceed to hear any evidence the defendants give, or do not give. That evidence is relevant to evaluating the charge of murder or manslaughter as well. Whereas such charges would be met with an application to dismiss or a submission of no case to answer, that determination is now postponed to the end of all of the evidence. As the court in Ikram and Parveen [2008] EWCA Crim 586 noted: "the object was to improve the prospect of discovering the truth which was almost certainly known by both or all the defendants, but which so frequently remained concealed on forensic grounds."
Evidential provision where murder or manslaughter also charged
On the point of what evidence the defendants give, or do not give, a further evidential provision is important: where the defendant has not given evidence, or refuses to answer a question (see section 35 Criminal Justice and Public Order Act 1994 ("the 1994 Act")), the court may draw such inferences as appear proper in deciding whether there is a case to answer. This is another consequence of the fact that the decision on there being a case to answer is made at the close of all of the evidence, when it is known whether or not the defendant has given evidence, and not at the close of the prosecution case when this cannot be known let alone taken into account.
Further, the case may proceed to the jury based on proper inferences drawn from silence even if there would otherwise be no case for the defendant to answer.
Responsibilities of the prosecutor: charging, and at the close of the case
The prosecution has important decision-making responsibilities in these cases.
The first important responsibility is in deciding whether or not to charge murder or manslaughter. Where the evidence suggests that at the most, a suspect could only have failed to take reasonable steps to prevent the death, only the section 5 charge is appropriate. Where, however, there is evidence that the suspect could have killed the victim, a decision in accordance with the Code for Crown Prosecutors will include an objective assessment of the evidence including situations where the suspect may give evidence or not. It includes considering any defence or information the suspect has put forward, including the likely testing of that account in cross-examination by both the prosecution and any co-accused if the suspect gives evidence; and the strength of the case if the suspect did not give evidence and the proper inferences to be drawn from this.
This is necessarily a more uncertain and complicated exercise. It is required because the procedural and evidential provisions mean that the decision to charge cannot take place on the basis of the suspect's likely acquittal at the close of the prosecution case. It should not be a speculative exercise. A defendant's evidence may of course theoretically take many forms. Prosecutors only need to take into account real possibilities as to the form it might take, rather than fanciful ones. This means considering each scenario on the information available at charge. Both, that the suspect may not give evidence at all, or that they give evidence in accordance with any account or other available information suggesting the nature of their defence. In the former scenario, considering what inferences appear proper to draw; in the latter, the likely challenges, strengths and weaknesses of this account.
It does not follow therefore that murder or manslaughter should be charged whenever a section 5 offence is charged. Rather, the assessment of whether or not there is a realistic prospect of conviction must take into account the different procedural and evidential provisions in section 6 or 6A.
If the prosecutor concludes that there is a realistic prospect of conviction for a suspect for killing the victim, that is not negated by a conclusion that there is a realistic prospect of conviction in respect of another suspect. The case against each individual suspect must be considered on its own facts and merits as part of an overall case strategy which seeks to anticipate how the case will develop and the prosecution response to that.
Best practice is to charge both murder and manslaughter in addition to the section 5 offence. This must always be subject to the evidence in the particular case. However, the evidence tending in favour of either charge, especially that relevant to intent, is particularly likely to come from the defendants in their evidence.
The second important responsibility is in making submissions at the close of all of the evidence as to the case which should go to the jury. It is at this stage that the prosecution must be clear, necessarily based on any defendant evidence which has just been given or not given, as to whom the jury should be asked to convict for murder or manslaughter. In Ikram (above), the prosecution indicated prior to submissions of no case to answer that it proposed that murder and manslaughter be withdrawn against one of the defendants. The Court of Appeal endorsed the approach of the prosecution in so doing (and noted that the trial judge who had heard the evidence agreed):
"On the whole of the evidence, including that of both defendants, the prosecution reflected whether there was a case for either defendant to answer. Once it concluded that the case should be withdrawn against one or other defendant, it was obliged to say so. This was not an abuse of process. Rather it was the process working as it should, with the prosecution acting responsibly in its venerable and still contemporaneously valid role as a minister of justice."
Where a defendant has not given evidence, or has refused to answer certain questions, it remains important to ask what inferences may properly be drawn from this and to consider them as part of the evidence as a whole. This is so, notwithstanding that the 2004 Act provides that there may be a case to answer where inferences can be drawn from silence where otherwise there would not be. In reality, when this question arises at the close of all of the evidence, there will be other evidence available. That should not preclude significant and substantial weight being placed on the defendant's silence. However, the evidential context into which this is placed should be clearly articulated by the prosecution. Proper inferences from silence rely on the case being of a nature where difficult questions about why a defendant has not given evidence should be considered by the jury: see Quinn [2017] EWCA Crim 1071.
The test to be applied by the prosecution, as it is throughout and subject to continuing review, is whether there is a realistic prospect of conviction. The lower test, of whether there is a case to answer, remains important at the close of all of the evidence. If a defendant is entitled to be acquitted in line with authorities such as Lane and Lane then there cannot be a realistic prospect of conviction. However, even if there could be a case to answer, the question of a realistic prospect of conviction must be addressed by prosecutors at this stage. This is so, in any case: it is most acute in section 5 cases because of the evidential and procedural provisions which apply uniquely to them.
Public Interest
The public interest in prosecuting homicide cases is very high. The harm and culpability will inevitably be of the utmost seriousness. The seriousness of the offences is reflected in the maximum sentences available:
murder – mandatory life sentence with the offender ordered to serve a minimum term
manslaughter – sentences up to a maximum of life imprisonment
encouraging or assisting suicide – sentences up to a maximum of 14 years' imprisonment
It follows that a prosecution for murder, in particular, but also manslaughter, is almost certainly required in the public interest. However, it has never been the rule that a prosecution will automatically follow where the evidential stage of the Full Code Test is satisfied.
This public interest guidance addresses cases of murder and manslaughter. Separate guidance applies in relation to encouraging or assisting suicide. This guidance provides a framework for considering decision-making in relation to the public interest further where:
the case concerns a mercy killing and the charge is murder
the case concerns an attempted mercy killing and the charge is attempted murder
the case concerns a failed suicide pact (in the context of a mercy killing), which is a partial defence reducing the offence of murder to one of
manslaughter.
'Mercy killings' and suicide pacts in the context of 'mercy killings'
There is no definition of 'mercy killing' in statute or common law. An offender who takes the life or attempts to take the life of a victim may act on the wishes of the victim and may act out of mercy, but this does not provide a defence in law.
It is murder for a person to do an act that ends the life of another, intending to kill them, even if they do so on the basis that they are simply complying with the wishes of the other person concerned. So, for example, if a victim attempts to commit suicide but succeeds only in making themself unconscious, a person commits murder if they then do an act that causes the death of the victim, even if they believe that they are simply carrying out the victim's express wish.
Section 4(3) of the Homicide Act 1957 defines a suicide pact as a common agreement between two or more persons having for its object the death of all of them, whether or not each is to take their own life; nothing done by a person who enters into a suicide pact shall be treated as done by them in pursuance of the pact unless it is done while they have the settled intention of dying in pursuance of the pact. A person, acting in pursuance of a suicide pact between them and another, who kills the other, or is a party to the other being killed by a third person, is guilty of manslaughter and not murder.
Application of the Public Interest Stage to 'mercy killings' and suicide pacts in the context of 'mercy killings'
This section sets out the relevant public interest factors that should be considered when reviewing cases where there is evidence of a 'mercy killing' or a suicide pact in the context of 'mercy killing'.
The circumstances of the death and the state of mind of the victim and suspect are relevant in assessing the public interest factors below. Prosecutors and investigators should make sure that they pursue all reasonable lines of enquiry in order to obtain, wherever possible, independent verification of the suspect's account. This information may come from a variety of sources including family or friends of the victim or health care professionals who cared for the victim.
Prosecutors must consider the factors objectively and assess the credibility and reliability of any account provided. They may consider if there is other evidence supporting, or tending against, a suspect's account. An absence of evidence to support a suspect's account may be relevant or highly relevant to the weight to be attached to it. It may be relevant for prosecutors to consider whether the evidence to support certain factors is sufficiently close in time to the suspect's act to allow an inference that the factors remained operative at that time.
Each case must be considered on its own facts and on its own merits. Prosecutors must decide the importance of each public interest factor in the circumstances of each case and go on to make an overall assessment.
Public Interest Factors Tending in Favour of or Against Prosecution
The following public interest factors are not exhaustive. Prosecutors should evaluate the factors below in accordance with the guidance in the Code for Crown Prosecutors.
Assessing the public interest is not simply a matter of adding up the number of factors on each side and seeing which side has the greater number. It is not an arithmetical exercise. Where a factor does not apply, that does not mean that its absence has the opposite effect. It is quite possible that one factor alone may outweigh several other factors which tend in the opposite direction. The absence of a factor does not necessarily mean that it should be taken as a factor tending in the opposite direction. Nor do these factors operate in a vacuum: as set out above, the starting point is that a prosecution is almost certainly required in the public interest because the suspect has culpably taken the life of another.
In particular, a prosecution is likely to be required if any of the following factors are present:
The victim was under 18 years of age;
The victim did not have the capacity (as defined by the Mental Capacity Act 2005) to reach an informed decision to request another to end their life;
There is no evidence or information to indicate that the victim had reached a voluntary, clear, settled and informed decision that they wished for their life to end. This includes cases where the evidence or information suggest the decision had not been independently reached by the victim and might have been influenced by pressure, control or coercion by the suspect or anyone else. It includes an assessment of the mental health and any other vulnerabilities of the victim as this may impact on their ability to reach such a decision. Victims with a condition that causes their mental health to fluctuate are less likely to be able to reach a settled decision;
The victim was physically able to undertake the act to end their own life;
The victim had not clearly and unequivocally communicated their decision that they wished for their life to end. The decision must be communicated to the suspect, but prosecutors should consider whether it is capable of independent verification, for example was it was communicated to others such as family members, friends or health care professionals.
The suspect was not wholly motivated by compassion; for example, the suspect was motivated by the prospect that they or a person closely connected to them stood to gain in some way from the death of the victim;
The suspect pressured, coerced or controlled the victim to make the decision or did not take reasonable steps to ensure that any other person had not pressured, coerced or controlled the victim. Vulnerable victims may be more susceptible to being unduly influenced to view themselves as a burden;
The suspect has a history of violence or abuse against the victim. This includes any history of the suspect controlling or coercing the victim during their relationship. See the legal guidance on controlling and coercive behaviour for further guidance;
The suspect was unknown to the victim;
The suspect was motivated by a financial or other reward/benefit for their actions;
The suspect deliberately used excessive violence or force causing unnecessary or prolonged suffering;
The suspect was acting in their capacity as a medical doctor, nurse, or other healthcare professional and the victim was in their care.
The suspect influenced the victim not to seek medical treatment, palliative care and/or independent professional advice or denied access to such treatment, care and/or professional support.
A prosecution is less likely to be required if:
The victim had reached a voluntary, clear, settled and informed decision that they wished for their life to end.
They must have the freedom and capacity to make such a decision. This decision must have been made sufficiently close in time to their death and independently reached by the victim and not influenced by pressure, control or coercion by the suspect or anyone else. This requires thorough scrutiny and critical examination of the suspect's account, on its own and when placed in the context of the evidence as a whole. Prosecutors should consider what access the victim had to health care professionals including discussions about treatment and support options.
The suspect was motivated by compassion alone and only in circumstances where the preceding factor is present;
The victim was physically unable to undertake the act to end their own life;
The actions of the suspect may be characterised as reluctant, in the face of significant emotional pressure due to the victim's wish for their life to end. Prosecutors should consider whether this is capable of independent verification by others;
The suspect made a genuine attempt to take their own life at the same time;
The suspect reported the death to the police and fully assisted them in their enquiries into the circumstances and their part in it.
Prosecutors should then take a step back and look at the case in the round. In particular, even if there are public interest factors tending against prosecution in a particular case, prosecutors should consider whether nonetheless a prosecution should go ahead and those factors put to the court for consideration when sentence is passed. Schedule 21 paragraph 10(f) of the Sentencing Act 2020 recognises that an offender's belief that "the murder was an act of mercy" is a mitigating factor to be taken into account when deciding the appropriate minimum term when sentencing for murder.
Prosecutors should ask whether the weight to be attached to the factors tending against prosecution quite clearly outweigh not only any factors tending in favour of prosecution but also the expectation that a prosecution would almost certainly be required in the public interest. Only if they clearly outweigh the countervailing factors would it be appropriate not to prosecute on public interest grounds; otherwise, the considerations will potentially be relevant to the acceptance of pleas and sentence.
Handling and Referral
Authority to charge or NFA must be given by the Chief Crown Prosecutor (personally) in a 'mercy killing' (including by suicide pact) case. A Director of Legal Services must approve this decision before it is communicated. The CPS will record, for publication on an annual basis, the number of decisions made in respect of this part of the guidance.
Selection of charges
Causing or allowing the death of a child or vulnerable adult should not be charged instead of murder or manslaughter, where there is sufficient evidence to prosecute murder or manslaughter. As above, the causing or allowing offence may course be charged in addition to murder or manslaughter.
Where there is other offending in addition to murder, prosecutors should consider whether additional charges are merited, notwithstanding that conviction for murder will result in a life sentence. Additional charges may be merited as part of presenting the case, for instance. They may serve to focus the jury on making findings of fact in relation to events prior to the murder. Additional charges may reflect important aggravating features of the case which fall to be considered by the judge in setting the minimum term. They may be relevant if the defendant is to be released on licence, for instance, if they demonstrate a risk of future sexual offending.
This is important when a plea to murder is offered as well. Notwithstanding that the defendant will fall to receive a life sentence, if the plea offered would materially affect the sentence or the defendant's release on licence, it should normally be rejected. Rape counts should be left to lie on file only in exceptional circumstances: see the guidance Rape Counts, linked to Murder, Left to Lie on File. The principles which underpin this guidance are relevant to other offences charged along with murder.
Bail
See the Bail guidance for specific considerations relating to murder and manslaughter.
Reports
A pathologist's statement covering the cause of death should be available at the earliest stage of a prosecution. This should be released to the defence as quickly as possible so that they may arrange a second post-mortem if required or so that the coroner may release the deceased's body.
In most cases, the Crown's pathologist will only provide an interim report giving the likely cause of death. A full report will follow. The timescales for this may be longer if the case presents a particular complexity, such as neurological analysis in a head injury case. Pathologists will generally complete their final report once all other studies have been completed, e.g. histology, toxicology etc.
Coroner
Section 11 and Schedule 1 of the Coroners and Justice Act 2009 sets out duties and powers for the suspension of coroners' investigations (including any inquest) where a person has been or may be charged with a homicide offence in connection with the deceased's death.
Preparation of Exhibits for trial
Only photographs and other exhibits which are strictly necessary for the presentation of the case should be prepared by the police. Prosecutors should take special care when instructing the investigating officer to avoid distress for the jury and for the relatives.
Meeting with victims' families
Prosecutors will offer to meet bereaved relatives and partners in homicide cases at important stages of the criminal justice process to explain the anticipated progress of the case, what is expected to happen at each court hearing and the possible sentences available for the offences charged. For further details see the CPS Service to Bereaved Families in Homicide Cases.
Provision of information to third parties
The police have responsibility for providing relevant information to the Home Office, Prison and Probation Services, not the CPS.
Murder Sentencing
Offenders convicted of murder receive a sentence of life imprisonment. The minimum term which they must serve is governed by schedule 21 of the Sentencing Act 2020.
A different regime applies to offenders aged 18 or over. However, in R v Peters; R v Palmer; R v Campbell [2005] EWCA Crim 605 it was said that it should be borne in mind that although eighteenth and twenty-first birthdays represent significant moments in the life of an individual, they are not necessarily indicative of the individual's true level of maturity, insight and understanding; that such characteristics are not postponed or suddenly accelerated by those birthdays; and that the first stage in the process is to select the prescribed statutory starting point; then to allow, where the offender's age as it affects their culpability and the seriousness of the crime justifies it, a substantial discount from the starting point.
The approach of a court to a sentence of life imprisonment for murder, whether the offender is a principal or a secondary party, is governed by the provisions of Schedule 21 SA 2020. Although the culpability of the secondary party may in many cases be less than the principal, the sentences must be viewed proportionately in the light of the policy of the law that he who encourages the commission of a murder or assists with the commission is to be dealt with as a murderer - LJ Thomas in AG Ref. No 24 of 2008 (Sanchez) [2008] EWCA Crim 2936.
In R v Kelly [2011] EWCA Crim 1462 Lord Judge CJ said the paragraphs reflecting seriousness in Schedule 21 "do not create impenetrable compartments and every case will be subject to its own specific and individual features of mitigation and aggravation."
In R v Davies [2008] EWCA Crim 1055, the Court stated that, when deciding whether aggravating features exist to increase the appropriate starting point for the minimum term of a mandatory life sentence, the judge should apply the same standard of proof as that applied by a jury in reaching its verdict. The distinction between the factors that call for a 30-year starting point and those that call for a 15-year starting point are no less significant than that which has to be considered by a jury when distinguishing between alternative offences, and it would be anomalous if the same standard of proof did not apply in each case.
In R v Bristol [2012] EWCA Crim 1684 and R v Thomas [2009] EWCA Crim 904 it was made clear that a background of domestic abuse is an aggravating factor when it comes to setting the minimum term and it is not necessary that it should be the subject of a separate charge and conviction: R v Wilson [2018] EWCA Crim 1352.
The Attorney General's Guidelines on the Acceptance of Pleas and the Prosecutor's Role in the Sentencing Exercise states at paragraph B4 that "the prosecution advocate represents the public interest, and should be ready to assist the court to reach its decision as to the appropriate sentence. This will include drawing the court's attention to:
any victim personal statement or other information available to the prosecution advocate as to the impact of the offence on the victim
where appropriate, to any evidence of the impact of the offending on a community
any statutory provisions relevant to the offender and the offences under consideration
any relevant sentencing guidelines and guideline cases
the aggravating and mitigating factors of the offence under consideration
It is the prosecuting advocate's duty to point out errors of law, such as, in these circumstances, if the court were to fail to give its reasons for departing from the starting point. The prosecuting advocate will need to be alive to the possibility that the minimum term may be unduly lenient, and be in a position to provide urgent advice.
Manslaughter Sentencing
The guidelines issued by the Sentencing Council govern the sentencing of manslaughter cases.
The difference in starting points for different forms of manslaughter mean that prosecutors must ensure there is clarity in the way
the prosecution case is put, and on what basis any guilty plea is tendered or accepted. The guidelines advise that the type of manslaughter
(and thereby the appropriate guideline) should have been identified prior to sentence and the judge should be invited to make clear the basis
on which the defendant is to be sentenced.
Where a defendant is convicted of manslaughter of an emergency worker, prosecutors should note that section 3 of the Police Crime Courts and
Sentencing Act 2022 inserted s.258A into the Sentencing Act 2020, which provides for a mandatory sentence of life imprisonment to be imposed,
unless the Court considers there are exceptional circumstances which relate to the offence or the offender, and which justify not doing so.
Prosecutors must have regard to the Sentencing children and young people: Definitive guideline in relevant cases.
Mental health and sentencing
R v Edwards [2018] EWCA Crim 595 - The court summarised the general principles to be considered by those representing and those sentencing offenders with mental health problems that might justify a s.37 hospital order, s.41 order, a finding of dangerousness and/or a s.45A order (under the Mental Health Act 1983 ("MHA 1983")).
R v Vowles [2015] EWCA Crim 45 - The court gave guidance on the approach to be taken in sentencing offenders suffering from mental disorder who had received indeterminate sentences of imprisonment specifying a minimum term so as to strike an appropriate balance between ensuring treatment in a hospital and protecting the public. A judge should not feel circumscribed by psychiatric opinion, and the fact that two psychiatrists supported a s.37/41 MHA 1983 order was never, alone, a reason to make one (paras 51-53).
The Code for Crown Prosecutors
The Code for Crown Prosecutors is a public document, issued by the Director of Public Prosecutions that sets out the general principles Crown Prosecutors should follow when they make decisions on cases.
Continue reading
Prosecution guidance
This guidance assists our prosecutors when they are making decisions about cases. It is regularly updated to reflect changes in law and practice.
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Related Prosecution Guidance
Bereaved Families - Guidance on CPS service to bereaved families in homicide cases
Introduction
Principle
Deaths in custody cases
CPS service to bereaved families
Liaison with the police
Purpose of the Meeting
Who should attend?
Practicalities
Meeting prior to or following a charging decision
Explaining the purpose of the VPS scheme
Meeting with Trial Advocate
Continue reading Bereaved Families - Guidance on CPS service to bereaved families in homicide cases
===================
---https://www.greenspunlaw.com/faqs/self-defense-to-murder-in-virginia.cfm
from google ( self defense murder ) result 1
When is self-defense a murder defense in Virginia?
You’ve been charged with murder. If you are convicted of murder, then you face the state’s most significant penalties,
including a fine of up to $100,000 and up to life in prison.
But What If You Kill Someone in Self Defense?
In Virginia, you have entitlement to use fatal-force against another person if you reasonably believe that that fatal-force
is necessary to protect yourself from imminent use of unlawful force by someone else.
In some cases, you may also use fatal-force against someone who enters your home without permission .
Let’s take a look at each element of self-defense separately :
1-st, you must have a reasonable belief. There is no simple definition of what makes your belief “reasonable” .
Reasonable is subjective and based on what you thought was accurate at the time you acted. It doesn’t matter if what you thought
was true later turned out not to be true as long as you had reason to believe that you were in imminent danger.
Next, your reasonable belief must be that you are in imminent danger. You may only use deadly force against someone else
if you reasonably believe that you face an immediate threat of great bodily harm. In other words, the harm must be in the process of
being committed or about to start. A threat of potential future bodily harm or death is not immediate and would not justify acting in self-defense.
Finally, you must use reasonable amount of force in relation to imminent danger.
Your response should be proportionate to danger that you face. For example, you may only use deadly force in self-defense
if there is a present danger of serious bodily injury. Words alone do not justify the use of fatal-force.
You have burden of proving self-defense.
However, you only need to raise reasonable doubt among jury about crime of which you are accused.
You do not need to prove self-defense beyond a reasonable doubt.
Don’t Delay Contacting a Murder Defense Lawyer
If you acted in self-defense then criminal-court might find that that incident was a justifiable homicide or an excusable homicide,
and you may save yourself from severe consequences of murder-conviction.
You have a lot at stake, and now is the time to contact a Virginia murder defense lawyer for a free consultation.
Call us or reach out to us through this website today to learn more.
Related Links:
Defenses to Murder Charges in Virginia
First Degree Murder Is a Serious Felony Offense in Virginia
Second Degree Murder Crime and Penalties in Virginia
===================
----https://www.hg.org/legal-articles/when-is-it-self-defense-and-when-is-it-manslaughter-40325
from google ( self defense murder ) result 3
When Is It Self-Defense and When Is It Manslaughter?
CRIMINAL DEFENSE GUIDE
» Types of Criminal Charges
» Criminal Trial Process
» Evidence and Witness Testimony Law in a Criminal Trial
» Sentencing Laws and Guidelines
» Guide to Bail and Probation Laws
⇒ Guide to Self Defense Laws
» Cults and the Criminal Justice System
» Defenses and Appeals
» Common Consequences of a Conviction
» Juvenile Offenses and the Law
» How Can A Criminal Lawyer Help You?
Manslaughter and murder are sometimes associated with a claim of self-defense. Self-defense can alter a criminal case so that the accused
is not criminally culpable for the homicide.
Murder
Murder is the unlawful killing of another. It is often based on a person having premeditation and the intent to kill. Consequences for murder are among some of the most strict in the country. The traditional definition of murder defined it as an unlawful killing that someone committed with malice aforethought. Malice aforethought means that the person gave consideration to killing, not that he or she meant to kill out of spite or ill will. In addition, murder can exist if the murderer intended to inflict serious bodily harm that causes the victim’s death or if he or she behaves in such a way that shows extreme, reckless disregard for human life.
Murder is often defined by a specific degree. Some murders are considered more dangerous and serious than others, often resulting in murder in the first degree charges. First degree murder may arise when the killing is deliberate and premediated, such as if the killer is lying in wait. Using dangerous items like bombs can also result in a first degree murder charge. Another time when first degree murder charges may arise is if the killing happens during the commission of a dangerous felony, usually if the death is foreseeable as likely by committing the felony.
When there is not such premeditation or other dangerous aspects of the case, the charge tends to be for second degree murder.
Manslaughter
Manslaughter is considered a lesser crime than murder. However, it is still considered a crime. In some cases, circumstances
that would usually be considered murder may be mitigated due to manslaughter based on extenuating circumstances.
Manslaughter does not require malice aforethought. Because of this distinction , punishment tends to be much less than punishment for murder
although punishments are still very serious.
There are usually 2 types of manslaughter charges : voluntary and involuntary.
Voluntary manslaughter charges may occur when a person who is strongly provoked kills someone else under the heat of passion.
This legal theory may arise when a person kills someone who has injured his or her child, has found his or her spouse in an act of adultery or
under other conditions defined under the manslaughter statute.
Involuntary manslaughter occurs when someone acts in a criminally negligent or reckless way that causes the death of another.
This type of charge is more likely in cases involving automotive accidents, such as when a person’s drunk driving results in a death.
Self Defense Killing
Although someone may kill someone in self defense, this type of killing is not considered a crime like manslaughter or murder is. The American justice system recognizes the right of someone to protect himself or herself from harm. In order for a self defense to apply, the defendant must have believed that he or she was in imminent danger of harm and that the use and degree of force that he or she used was reasonably necessary to protect his or her safety or that of a third person.
Different states have different guidelines regarding the application of self defense. For example, some states impose a duty to retreat on the defendant in which he or she must first attempt to get away from the source of danger before exerting force in order to assert this defense. Other states only permit someone not to retreat if he or she was in his or her own home at the time of the attack. Other factors may be relevant in the application of this defense, such as who was the initial aggressor, who escalated a dispute and whether the defendant was engaged in criminal activity at the time that he or she asserts the defense.
Accidental Killing
Another possibility is that someone may commit an accidental killing. If his or her behavior did not rise to a criminal level, he or she cannot be held criminally responsible. However, there may still be civil liability if the conduct was negligent but not criminally negligent. In this case, a person may be sued for causing the death of someone else.
Legal Assistance
A person who is facing serious criminal charges involving murder or manslaughter may choose to contact a criminal defense lawyer for assistance. He or she can explain the defendant’s rights and the differences in murder, manslaughter and self-defense killings in the jurisdiction where the criminal charges are pending. He or she can carefully analyze the circumstances of the case to determine whether a mitigating argument may be viable. He or she can also help
Provided by HG.org
Read more on this legal issue
What Is a Wrongful Death Claim?
When Is It Okay to Shoot Someone?
Self Defense Laws
Common Defenses in Criminal Cases
Consequences of Facing Murder Charges
Swatting - The Legal Consequences
Florida's Stand Your Ground Law - ?
Self Defense in California - How to Prove It
Aggravated Violent Crime Factors in California
Violent Crimes in California
Disclaimer: Every effort has been made to ensure the accuracy of this publication at the time it was written. It is not intended to provide legal advice or suggest a guaranteed outcome as individual situations will differ and the law may have changed since publication. Readers considering legal action should consult with an experienced lawyer to understand current laws and.how they may affect a case.
=================
---https://www.eskewlaw.com/charged-with-murder-for-self-defense/ from google ( self defense murder ) result 4
A legal philosophy built on honesty
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Can You Be Charged with Murder for Self-Defense?
Published in Criminal Law by Chris Eskew on August 19, 2022.
Charged with Murder for Self-Defense
Please note that our law firm practices law solely in the state of Indiana, and therefore cannot provide legal services outside of this jurisdiction.
Self-defense is a primal legal concept. When presented with danger, there is a human instinct to defend yourself.
So what happens if you kill someone in self-defense? Can you be charged with murder? Unfortunately, it is not a clear-cut answer.
Throughout the United States, self-defense laws justify a person’s use of lethal force to protect themselves from death or serious bodily injury.
It may seem like a simple concept, but in actuality, it can be surprisingly complex. People often wonder, How can you be charged with murder
for self-defense?
If you kill someone, even if you were protecting yourself or someone you love, you will likely face probing questions from the police and prosecutor.
They are mainly seeking to determine if the killing was accidental or if you were justified in your actions. It is imperative that you have
a criminal defense lawyer at your side to protect your interests during all such conversations with police and investigators.
Self-Defense Indiana Law
Under Indiana law, a person is justified in using reasonable force against another to protect themselves from what they reasonably believe to be
an imminent use of unlawful force. In other words, if your life is in immediate danger, you have the right to protect yourself.
The Indiana legislature further declares a person is justified in using deadly force and does not have a duty to retreat if they reasonably believe
that force is necessary to prevent serious bodily injury to themselves or a third person.
Castle Doctrine and Stand Your Ground Laws
The Castle Doctrine is another old and deeply-rooted legal concept that has been recognized for hundreds of years.
Often referred to as “Stand Your Ground” laws, the concept is the same. It states that every person has the right to feel safe and
secure in their own home and has the right to protect themselves and their family.
A person is justified in using reasonable force, including deadly force, if they reasonably believe such force is necessary to prevent or
terminate another person’s unlawful entry into or attack on their dwelling. This includes their motor vehicle.
However, the scary truth is that you may still face a murder charge if you kill someone in self-defense. But ultimately, your actions are
justified if you can prove they were necessary to protect yourself or a third person. An experienced criminal defense lawyer will be instrumental
in helping you articulate your defense.
Self-Defense v. Manslaughter
If you have had to protect yourself using deadly force, there will undoubtedly be an investigation to determine whether your actions constitute
justifiable self-defense or the criminal charge of manslaughter.
There are two types of manslaughter: voluntary and involuntary.
Voluntary manslaughter is when an individual knowingly or intentionally kills another while provoked or in the heat of the moment.
On the other hand, involuntary manslaughter occurs when an individual acts in a reckless manner that results in the death of another person.
There can be a fine line between self-defense and manslaughter. Let our experienced lawyers at Eskew Law, LLC help.
How Do I Prove It Was Self-Defense?
Proving you acted in self-defense is not as simple as it may sound. To win a self-defense claim under Indiana law, you must satisfy
several elements. Your attorney must prove:
You were in a place where you had a legal right to be;
You did not provoke, instigate, or participate willingly in the violence;
You had a reasonable fear of death or serious bodily harm; and
The danger was imminent and justified the use of force, including deadly force.
As the defendant, you must prove all of these elements were present. The best evidence would be the eyewitness testimony of someone who witnessed
the events unfold. However, your lawyer can use other methods to prove a valid self-defense claim, including your own testimony,
surveillance video, and forensic evidence.
Contact the Attorneys at Eskew Law, LLC Today
If you had to use lethal force to defend yourself, you should seek the advice of an experienced criminal defense attorney immediately. You have the right to defend yourself, but prosecutors and police do not have to take your word for it. They will want proof. Mapping out your self-defense claim as early as possible is key to avoiding a murder or manslaughter conviction. At Eskew Law, LLC, each client receives personal one-on-one contact with our attorneys, and we never pass your case off to a paralegal or assistant. Your freedom and family matter most to us. Call us to schedule a confidential consultation.
Author Photo
Chris Eskew
Chris Eskew is the founding partner of Eskew Law LLC. With over 15 years of experience, he focuses his practice on criminal defense, DUI defense, and family law. Chris is known for his dedication to his clients, his strong advocacy skills, and his commitment to achieving the best possible outcomes in legal matters. He is well-respected within the legal community and has earned a reputation for providing personalized and effective representation.
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===============
---https://www.robertmhelfend.com/criminal-defense/murder/self-defense/ from google ( self defense murder ) result 5
Is It Murder To Kill Someone In Self Defense?
It is legal in California to defend yourself if you reasonably believe that you or someone else is in imminent danger. This is called “self defense.”
Self defense can include actions like:
Pushing someone down a staircase to prevent them from harming you
Spraying an attacker with mace to protect someone else
Killing someone who is imminently endangering your life
If you act in self defense, California law says that you may use no more force than is reasonably necessary to defend yourself.
Table of Contents
When can self defense be used as a legal defense?
Is California a ‘Stand Your Ground’ state?
Does California have ‘Castle Doctrine?’
Can you go to jail for killing someone in self defense?
How do I get legal help in self defense cases?
When can self defense be used as a legal defense?
los angeles criminal defense lawyer
In order to show that you legally acted in self defense, you must prove:
You reasonably believed that you were in imminent danger of suffering bodily injury.
You reasonably believed that the immediate use of force was necessary to defend against that danger.
You used no more force than was reasonably necessary to defend against the danger.
In other words, you have to show that you were in a situation of imminent danger. This could include situations like an assault at a bar,
someone brandishing a knife, someone trying to steal your purse or cornering you in a secluded area.
The judge or jury will then consider the circumstances of the case to decide if an everyday person would agree that a use of force was necessary
and appropriate in that situation.
Example: Tina is leaving a party late at night and is alone on the street. A man emerges from an alleyway and closely approaches her.
She stabs him, and he dies from his injuries. This could be an appropriate use of force for the situation.
However, let’s say Tina was still at the party, surrounded by people in a social situation. If she were simply approached by a stranger,
she might not be justified in stabbing him.
Is California a ‘Stand Your Ground’ state?
California is a “Stand Your Ground” state. This means that you are under no duty to retreat if you wish to claim self defense.
Even if it would have been safer to flee, you are allowed to remain present and defend yourself.
Does California have ‘Castle Doctrine?’
California is a “Castle Doctrine” state. You are under no duty to retreat if an intruder comes into your home.
Under Penal Code 198.5 PC, a home intruder automatically creates a situation of “reasonable fear of imminent harm.” This means you are justified in using deadly force to defend your home against an intruder.
Can you go to jail for killing someone in self defense?
The short answer is yes, you can go to jail for killing someone in self defense. But, if the court finds that your actions were justified, then you will not be convicted of a crime.
For example, if you reasonably believe that someone was about to kill you and you killed them first, then you would likely be found not guilty of murder.
However, if the court finds that your actions were not justified, then you could be convicted of a crime like manslaughter or even murder.
The bottom line is that it is important to consult with an experienced criminal defense attorney in regards to your case. An attorney can help you understand the law and determine if your actions are likely to be considered justified under the circumstances.
How do I get legal help in self defense cases?
“Robert Helfend is one of the best criminal defense attorneys I’ve ever worked with. He was so knowledgeable, and always made sure I understood everything every step of the way. I would definitely recommend him to anyone who wants an understanding, caring, and truly helpful lawyer.” Pat, CA
It can take time for the facts of a self defense case to come to light. This is how normally law abiding people can find themselves accused of crimes, when all they did was defend themselves or someone else.
Even though you were acting within your rights, it is important to work with a skilled defense attorney until the case is closed.
Your attorney will work to safeguard your constitutionally guaranteed rights against aggressive investigators, zealous prosecutors and the hearsay of other people who might have been involved. Hiring an attorney is not an admission of guilt. It is a sign you are prepared to defend yourself.
Robert M. Helfend has defended hundreds of self defense cases in 30+ years in the courtroom, from assault to murder. He is rated by SuperLawyers, Lead Counsel and the National Trial Lawyers Top 100. Call today for your free case evaluation.
================================
---https://therickmanlawfirm.com/manslaughter-defense-attorney-in-tampa/if-you-kill-someone-in-self-defense-will-you-go-to-jail/
from google ( self defense murder ) result 7
If You Kill Someone in Self-Defense Will You Go to Jail?
If you are forced to protect yourself by ending the life of another who exhibits malicious intent to harm you,
you will have overcome one of the most daunting challenges a human being can face. Unfortunately, determining whether or not your actions
constitute manslaughter or self-defense isn’t always simple.
Of course, you took the necessary actions to protect yourself and possibly a third party, but your assessment must corroborate with
the opinions of the police, and if charged, a judge and jury. A Tampa manslaughter defense attorney can help prove your innocence
if you are charged with a crime involving self-defense.
Was the Killing Accidental?
A proper assessment of a self-defense case requires a very particular line of questioning, but the most important question is arguably this one :
was the killing accidental? Exercising our free will and striking with intent to kill can greatly alter a case.
Even if you were defending yourself, if it can be ruled that excessive force was used to protect yourself or threat of death was not imminent,
you could be reasonably charged with manslaughter. Sometimes, an accidental killing doesn’t result in a crime being charged,
but defendant can be sued for negligence if there was civil liability.
Death by Self-Defense
Self-defense killings are not charged as crimes. If you are forced to kill another person in self-defense, you can avoid criminal charges as
long as your actions were justified. defendant must prove that they were in imminent danger to avoid being charged with manslaughter.
The identity and history of aggressor can also play an important role in a self-defense killing case. In some states, defendant must prove
that they attempted to flee before being forced to kill aggressor. Stand-your-ground laws allow people to kill others who unlawfully
trespass with malicious intent. Whether or not aggressor was engaged in criminal activity when that killing took place can also affect
outcome of your case.
The Case for Manslaughter
Self-defense can be misinterpreted as manslaughter depending on situation. Although manslaughter is considered lesser crime than murder,
it still carries serious penalty and can irreversibly alter people’s perception of you.
Manslaughter isn’t planned in advance but results in death of another.
Voluntary manslaughter occurs when someone is provoked to kill another .
For instance, when a parent kills an adult who hurts their child.
Involuntary manslaughter occurs when someone acts in a criminal or reckless way and it results in death of another.
Involuntary manslaughter example is car-accidents , especially car-accident involving drunk drivers.
For a free consultation with an experienced manslaughter defense lawyer in Tampa, please contact The Rickman Law Firm today.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute
legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.
================
---https://lomacrimmigrationlaw.com/expungement-law/differentiating-between-self-defense-murder-and-manslaughter-in-new-jersey/
from google ( self defense murder ) result 8
Differentiating Between Self-Defense, Murder, and Manslaughter in New Jersey
Home » Blog » Differentiating Between Self-Defense, Murder, and Manslaughter in New Jersey
The differences between killing charges in New Jersey
Unfortunately , death of 1 individual at hands of another is not uncommon.
There are some cases in which such a death is justified.
However, there are more cases in which it is not.
How do you know when a killing is justifiable and when it is criminal ?
Here are differences under New Jersey law between 3 possible charges : self-defense , murder , manslaughter .
What is Self-Defense?
In some cases , a killing is justifiable , meaning that an individual had the right to kill another person.
Under New Jersey law, “the use of force upon or toward another person is justifiable when the actor reasonably believes that such force
is immediately necessary for the purpose of protecting himself against unlawful force by such other person on present occasion.”
This means that an individual is allowed to defend himself or herself when in a situation where they reasonably believe that someone
is about to commit serious bodily harm. Rather than wait for such bodily harm to occur, you have the right to use equal force.
Not only do you have the right in New Jersey to protect yourself, but you also have the right to do so to defend others.
Simply put, if you see another person whom you reasonably believe is about to receive serious bodily harm or be killed,
you also have the right to defend that individual by the use of force.
Though not always, under some circumstances, the state of New Jersey also allows you the right to defend against your home.
While some states have “Stand Your Ground” laws that always protect the homeowner, New Jersey requires that you first ask an intruder
to leave your home. However, this requirement can be waived if it proves useless or would only put people or property at great risk.
This type of a defense (defense of your home) is determined on a case-by-case basis given the particular set of facts and circumstances.
What Are Murder and Manslaughter?
If you do not meet the requirements for your actions to be classified as self-defense then you may be charged with either manslaughter or murder.
The main difference between that 2 charges comes down to intent. Murder occurs when an individual knowingly and purposefully kills another person or
causes substantial bodily harm that later causes their death. Alternatively, manslaughter does not require an intent – it comes down
to reckless conduct . For instance, an individual who kills their wife and her lover when he finds them together may be considered
a “heat of passion”. In other words, one in which the killer had some form of provocation. Again, the classification of the charge depends
on the facts and circumstances of each individual case.
The Law Office of Michele Alcalde Can Help
Since the specific charge comes down to the facts and circumstances, it can prove very difficult to determine and present the proper defense.
Also, a conviction can easily result in a permanent criminal record. That is why if you have been charged with a killing crime,
it is so important that you consult with a New Jersey criminal defense attorney. A criminal defense attorney has the knowledge and experience to help you.
If you were arrested or charged with murder or manslaughter in New Jersey, the Law Office if Michele Alcalde can help. To learn more or schedule
a consultation, contact us online or call us directly at 732-766-1407 today.
Posted in: Expungement Law
====================================================================
---https://www.nolo.com/legal-encyclopedia/when-do-you-need-copyright-notice-websites-and-where-do-you-place-it.html
from google ( website copyright footer valid patent ) result 1
When Do You Need a Copyright Notice on Websites (And Where Do You Place It)?
How to best use a copyright notice to deter infringement of your website content.
By Stephen Fishman, J.D. ( USC Gould School of Law )
Updated by Glen Secor, Attorney ( Suffolk University Law School )
Updated 1/19/2023
Why Trust Us? Fact-Checked
If you have a website with original content then your content is automatically protected by copyright.
This protection means that others can't lawfully use the original text, images, videos, or music on the site without your permission.
If they do then you have a claim for copyright infringement.
To deter unauthorized use of your website content and to possibly win greater damages in a future lawsuit for copyright infringement ,
you should place a copyright notice on your site.
What Is a Copyright Notice?
A copyright notice is just what it sounds like: a written notice stating that a particular work is protected by copyright, and that you own that copyright.
Need Professional Help? Talk to a Intellectual Property Attorney.
Please answer a few questions to help us match you with attorneys in your area.
Intellectual property issue
Copyright
Patent
Trademark
Trade Secret
Licensing
Other IP
Some people wrongly believe that internet content is free for the taking. Others know fully well that internet content is protected by copyright
but steal it anyway. A copyright notice alerts all visitors to your website that your content is copyrighted and not to be copied without
your authorization.
The Benefits of Using Copyright Notices
Every piece of writing, music, or artwork is automatically protected under U.S. copyright law, regardless of whether you formally register it
with the U.S. Copyright Office or include a copyright notice on it. However, placing the © (see below) conspicuously on the footer of
website provides clear signal to internet users that you 0are aware of your rights and intend to enforce them.
If your copyright notice fails to deter an infringer and you need to sue for copyright infringement, the existence of the copyright notice
will help to establish that the defendant had actual notice of your rights. In that case, the defendant won't be able to use the
"innocent infringer defense," under which people who take copyrighted work claim that they weren't aware it was protected.
Taking away the innocent infringer defense is important when it comes to calculating what damages you'll be able to collect.
For example, when it comes to statutory damages, the court can set the amount as low as $200 per infringement for an innocent infringer,
while intentional infringers can be on the hook for as much as $150,000 per infringement.
How to Format a Copyright Notice and Where to Place It
A valid copyright notice contains 3 elements :
copyright symbol ©, or the words "Copyright" or "Copr."
if website is published then year of publication, and
name of copyright owner.
These elements don't have to appear in any particular order in the notice, but most notices are written in the order set forth above.
Copyright Symbol
You can use the © symbol or the words "Copyright" or "Copr." The © symbol is widely recognized, which is why we recommend using it.
Year of Publication
A copyright notice must also state the year the work was published. A website is published when it's first launched.
If you subsequently change the content on your site or you reorganize the pages on the site, you can refresh your copyright notice
to the year of the update.
There's no hard-and-fast rule for how substantial the changes to your website content need to be for you to update the year of publication.
If you regularly add new content or edit the existing content, you should probably update the year in your copyright notice each year.
An alternative is listing a range of years for the year of publication and from time to time updating the year at the end of that range.
If you've operated your site for multiple years and updated the site during that time, you can take this approach.
For example, a copyright notice of "© 2019-2022 Your Name" covers a site launched in 2019 and all updates and revisions through 2022.
Copyright Owner's Name
The name of the copyright owner (also known as the "copyright holder") must also be included in the notice. The owner will be one of the following:
the person or people who created the work
the employer in the case of a work made for hire, or
the person or entity (LLC, partnership, or corporation) to whom the copyright has been transferred.
If your website is for a business, it's owned by your company if you operate as an LLC, corporation, or partnership. If you're a sole proprietor, it's owned by you individually. Your copyright notice should name the company or you, individually, as the copyright holder.
Adding Language About Restricted and Permitted Uses
You can add language to your copyright notice to reinforce that your permission is required for all copying or to specifically allow certain types of uses (such as, say, non-commercial uses). Read about wording for website copyright notices..
Where to Place the Copyright Notice
At a minimum, you should place a copyright notice on the home page (usually at the bottom, sometimes known as the "footer"). This single notice covers the entire site, but it's good practice to include the notice on every page.
=================================
---https://www.reddit.com/r/webdev/comments/11xo61k/how_do_you_protectcopyright_a_website_idea/
from google ( website copyright footer valid patent ) result 7
Go to webdev
r/webdev
•
2 yr. ago
[deleted]
How do you protect/copyright a website idea?
Question
I am from Canada but I want to protect by copyright a website concept for at least Canada and USA. Is that possible? How do you proceed to make sure that your idea will not be stolen and could be buy is another company want to use it? Thanks
shallan72
•
2 yr. ago
Ideas cannot be copyrighted. In software, code and visual design can be copyrighted. You can't prevent someone else from implementing the same app themselves.
Also, ideas cannot be patented. Only specific implementation method of an idea can be patented. You can try it. But with such widespread availability of open source, someone can easily find a prior art to invalidate your patent.
====================
---https://abounaja.com/blog/copyright-infringement-cases from google ( website copyright lawsuit ) page 2 number 4
Corporate Kaijus Clash: 15 Famous Copyright Infringement Cases
Published Jan 19, 2023
Updated Mar 02, 2023
What is Copyright Infringement
Infringement of copyright occurs when an individual unlawfully violate exclusive rights bestowed upon a copyright proprietor,
sans their authorization. These exclusive rights entail freedom to duplicate, circulate, execute, showcase, and engender derivative works
from a unique work of authorship.
Ideas are a nebulous concept, and legally protecting something intangible can result in an interesting chain of events, especially
when big names and corporations are thrown into the mix. We'll delve into some historic courtroom battles over alleged copyright violations
and look at some of the most high-profile cases ever brought by well-known plaintiffs.
Here are the 15 most famous instances of copyright infringement:
1. Whitmill vs Warner Brothers
Despite Hangover 2's success, its publisher, Warner Brothers, was sued by tattoo artist S. Victor Whitmill for using Whitmill's uncredited
tattoo design without permission in the film and its promotional materials.
Despite Warner Brothers' claims that their use of the design was protected by the "fair use" policy, Whitmill pursued the case and sought
a preliminary injunction that would have prevented the film from hitting theaters on schedule.
While the judge did rule against Whitmill's injunction request, he did agree that Whitmill still had a solid case and could pursue
the lawsuit on other grounds.
An agreement was reached behind closed doors, and the film was released on schedule, thereby creating comedic history.
2. Katy Perry vs Marcus Gray
Copyright infringement and the music industry go together like peanut butter and jelly, so it stands to reason that this sector accounts
for lion's share of high-profile cases.
Dark Horse, Katy Perry's 2013 smash single, was 1 of that year's biggest hits. Earning recognition for achievements like selling over 13 million copies
worldwide, attracting billions of Youtube views, having that song performed live during Super Bowl, and winning MTV's music awards
for best female video music in 2014.
In spite of this, Marcus Gray, a rapper, sued Perry that same year, claiming that she had stolen the riff and beat from his song
"Joyful Noise''. Legal representation for Katy Perry argued that Gray's statement is preposterous and that he is trying to hold
"the basic blocks of music," which could harm all composers.
Damages for Gray's case were estimated at $2.78 million and were awarded to him by the court in 2019.
The judge would overturn the initial decision, however, in 2020 after an appeal was submitted, claiming that there was simply insufficient evidence
to support the case.
3. The Music Industry vs Napster
A young technical genius named Shawn Fanning developed a piece of software called Napster in 1999 when the internet was still in its infancy.
It is a peer-to-peer file-sharing application that allows users to freely share and download music.
Suffice it to say, Napster caught the attention of the music Industry. Metallica's drummer Lars Ulrich filed a lawsuit against the developer of
the software in 2000, alleging copyright infringement, unauthorized use of a digital audio interface device, and racketeering.
This is believed to be the first case in which a well-known artist has directly sued a peer-to-peer file-sharing software company.
This caused a domino effect in which major record labels like A&M and others began suing Napster. The plaintiffs accused the software company of
vicarious copyright infringement and were eventually found guilty in 2002.
To the public's chagrin, Napster was forced to close that year, apologized publicly, and paid up to $26 million in damages.
This incident served as the catalyst for some people's animosity toward Metallica.
Legal protection of something intangible such as an Idea can result in an interesting chain of events.
4. Vanilla Ice vs David Bowie & Queen
As the first hip-hop single to reach number one on the Billboard Hot 100, Vanilla Ice's "Ice Ice Baby" left an indelible mark on popular culture.
However, one of its worst qualities is that it sampled the bass lines from Under Pressure, a hit song by Queen and David Bowie.
Vanilla Ice tried to defend himself from the lawsuit brought against him by Queen and David Bowie for the unauthorized use of their song by
claiming that he had added a single note to the end of the riff to make it more unique, but this was deemed insufficient.
The case was eventually settled out of court for an undisclosed amount of money, with both Queen and Bowie receiving songwriting credit.
5. Apple vs Microsoft
There was once a time when that 2 tech giants squared off in court.
Apple filed a lawsuit against Microsoft in 1988, shortly after the release of Windows 2.0, a significant upgrade to the original version.
At that time, Apple accused Microsoft of plagiarizing graphical user interface on Macintosh system without permission or a license.
This is where the case becomes interesting, as Apple did in fact grant Microsoft permission to use Macintosh's design elements in Windows.
The mystery surrounding this part is that, for some reason, Apple's legal department did not receive that memo, after the release of Windows 2.0,
Apple was so taken aback by the suddenness of the legal proceedings that it skipped sending any sort of preemptive warning or threat.
As a result of this misunderstanding, the court ruled in favor of Microsoft in 1989, and although Apple attempted to appeal the decision
multiple times, all of its efforts were unsuccessful.
6. Gucci vs Guess
In 2009, 2 of fashion industry's most recognizable names squared off when Gucci sued Guess, alleging that Guess violated several of
Gucci's trademarks. Gucci had originally asked for $221 million in damages but settled for $4.1 million.
So why did that happen? The judge reasoned that Gucci's claim that it has repeatedly sent cease-and-desist letters to various parties
over the years was a fatal flaw in the company's case.
These entities ranged from national corporations to small-time counterfeiters and infringers. With budgetary concerns and the fact
that most of their evidence was speculative, Gucci's defense department has been stretched thin.
7. Starbucks vs Obsidian Group
Starbucks sued rival coffee chain Obsidian Group in 2016 for promoting its newest drink, Freddoccino.
Starbucks claimed that that name's similarity violate copyright of their own popular iced coffee, Frappuccino.
Despite Obsidian's efforts to assuage concerns by renaming their drink "the Freddo," Starbucks remained steadfast in their pursuit of the case,
and the case has yet to be resolved as of mid-late 2022.
8. Art Buchwald vs Paramount Studios
In 1990, writer and comedian Art Buchwald sued Paramount, claiming that paramount-studio stole his ideas from an abandoned project and
turned them into the film's screenplay.
According to Paramount's defense, at the time, they paid their authors through "Hollywood account," which means screenwriters are paid based
on how much profit the film made.
They stood firm in their claim that, despite gross revenue of $288 million dollars, the film produced no net profit, and thus they were not
required to pay Buchwald. If this statement struck you as perplexing then the judge felt the same way.
He called Paramount's payment method "blatantly unethical and unconscionable" and ruled in Buchwald's favor, awarding him 900,000 usd in damages.
9. Star Wars vs Battlestar Galactica
For science fiction fans, 1977 was an interesting year. 20-th Century Fox sued Universal Studios for infringement that same year
that A New Hope was released and defined a generation.
Fox asserted that Battlestar Galactica, a science fiction series produced by Universal, was "too similar" to 1 of their flagship intellectual properties.
Universal Studio did not take this lightly and filed a lawsuit of its own, claiming that Star Wars stole ideas from older media, such as
year 1972 film Silent Running.
2 years later, that case was resolved in favor of Battlestar Galactica. The franchise as a whole was not doing so well at the time,
despite positive publicity surrounding the movie. The original show had been canceled, and fans were flocking to see The Empire Strikes Back.
10. Apple vs Google
In 2010, as smartphones became increasingly important in our daily lives, Apple and Samsung went to court over Samsung's alleged violations of
Apple's patents on several of its smartphone designs. Apple's main competitor was not Samsung per se, but rather Android operating system
developed by Google and used by Samsung and other manufacturers.
Partially because of a "Mobile Application Distribution Agreement," Google's legal team had to intervene to help Samsung.
Concurrently, Motorola filed one of the most publicized lawsuits in technology history, accusing Apple of intellectual property infringement.
Motorola claimed that Apple violated their patents on 3-G phone technology and other aspects of smartphone design, while Apple fired back by
claiming that Motorola had infringed on their patents on a number of features.
The court was so frustrated by the fight that the judges threw out the case 3 times in 2012, on the grounds that neither party had enough
implicated evidence and were told to settle out of court. 2012 was the year that Google bought Motorola.
Although Apple has never directly attacked Google, they appear to focus on 3-rd-party companies that sell Google's software products;
nonetheless, Google appears to be adamant in defending its popular mobile software.
image of copyright violation
image of apple and google logos
11. Bratz vs Barbie
Carter Bryant, the creator of Bratz, was previously employed by Mattel, the manufacturer of Barbie. During his time working at Barbie,
he came up with the idea for Bratz, which he later sold to one of Mattel's biggest competitors, MGA Entertainment.
The new doll franchise debuted in 2001 and quickly became the plastic bombshell's biggest competitor.
Mattel sued both Bryant and MGA in 2008, claiming that Bryant's idea was stolen intellectual property.
MGA countersued, resulting in that 2 doll manufacturers locking horns.
MGA accused Mattel of corporate espionage by having its employees trained in spying on its competitors and resorting to clandestine
underhanded tactics, such as having its employees print fake business cards and use them to enter the private showrooms of its competitor.
The lawsuit concluded in 2013 with a verdict in favor of MGA and an award of $170 million in damages, but Mattel would file an appeal
to overturn the verdict, causing both parties to walk away empty-handed.
12. Naruto vs Slater
Photographer David Slater left his camera unattended while photographing wildlife in a foreign reserve, leading to a court case
involving copyright infringements involving both humans and animals.
A crested macaque named Naruto discovered the camera and started taking the now-famous "Monkey Selfies" that have been making the rounds online.
Slater, after discovering the images in his camera, published the image and its context on the website Blurb.
People for the Ethical Treatment of Animals (PETA) took notice of the photo after it went viral and sued Slater, Wildlife Personalities Ltd., and
Blurb for copyright infringement, arguing that the selfies violated Naruto's authorship rights.
In response, Slater filed a motion to dismiss, and the judge quickly sided with Slater, finding that Naruto lacked standing under the Copyright Act.
13. Lana Del Ray vs Radiohead
Lana Del Rey once claimed that Radiohead sued her for allegedly plagiarizing the hit song "Creep" in her 2017 single Get Free. Warner/Chappell,
Radiohead's publisher, denied suing Del Ray or taking legal action against her, but admitted requesting that she attribute Creep to "all writers."
In 2018, during a Lollapalooza performance in Brazil, Del Ray appeared to confirm that the alleged lawsuit is over by telling her audience,
"Now that my lawsuit is over, I guess I can sing that song whenever I want, right?"
14. John Fogerty vs John Fogerty
In 1 of strangest copyright cases ever litigated, a record label once sued an artist for sounding like himself in a song he had written and
performed decades earlier. John Fogerty is a musician and songwriter who was a member of the band Creedence Clearwater Revival (CCR).
He eventually left the group to pursue a solo career, and his efforts paid off during the 1980s.
However, that all changed when he released a song titled "The Old Man Down the Road," which was later sued by CCR's record label, Fantasy Records,
for allegedly plagiarizing CCR's "Run Through the Jungle." That's right; John Fogerty was sued over a tune he composed himself.
The judge sided with Fogerty in the end, saying, "you can't plagiarize yourself," effectively ending any further discussion as to whether or not
he plagiarized himself.
After Fogarty's victory, he filed a countersuit against Fantasy Labels to recover the money he had spent on the case.
The case went all the way to the Supreme Court of the United States, where it was ultimately decided in favor of the plaintiff.
The judge ruled that the circumstances of the case ran counter to the original intent of the copyright law, which was to safeguard creative endeavors
and promote new ideas.
15. Youtube vs Viacom
Viacom sued YouTube for $1 billion in year 2007 for "Brazen" copyright infringement for allegedly hosting over 150,000 clips of Viacom's television
shows and owned properties on their website.
YouTube argued that it is not legally responsible for content that infringe 3-rd-party copyrights because it is merely an online service provider.
This side issue could become the case's deciding factor.
The judge issued an order requiring YouTube to turn over its internal communications logs and transcripts to Viacom for review.
If not for one small detail, this evidence would be considered indisputable and Viacom would have won without a doubt.
As part of guerilla marketing campaign, Viacom hired 18 advertising firms to create "unofficial accounts" and upload them as random users
before the trial began, an action that can be described as nothing less than a blunder.
Worse yet, Viacom had no idea which accounts belong to them, so they ended up suing that 3-rd party to remove content that they had uploaded themselves.
This gave YouTube new life, and they argued that it was unreasonable to remove any account without knowing whether or not it belonged to Viacom.
Since YouTube had no way of telling which accounts were infringing on copyrights, it had no way of stopping them. Viacom's case collapsed due
to this minor oversight, and the judge ultimately sided with YouTube, potentially sparing the media conglomerate.
Conclusion
To take full advantage of your brand and to maintain its goodwill, businesses should keep an eye out for counterfeiters and monitor
if someone else is engaged in copyright infringement and reaping the benefits from their brand, If you own a business and come across
a situation where a 3rd party is infringing on your brand image for their own products, get in touch with us at connect@abounaja.com
for a complimentary consultation on how we can protect you from such thefts.
Also read our article on Copyright Guide for Freelance Writers to learn how you can avoid infringing copyrighted material.
Click on the link for more information on UAE Copyright Law.
===================================================
---https://www.allenandallen.com/blog/virginia-dog-owners-responsibilities-leash-laws/
from google ( virginia fairfax electric fence law ) page 2 number 10
Virginia dog owner’s responsibilities & leash laws
Blog
Jason W. Konvicka
A recent incident at the White House has raised questions on what happens after a dog bites.
President Biden’s 3 year-old German shepherd, Major, bit a member of security staff and was temporarily removed from the White House.
Staff cited that the “minor incident” was a result of the dog not being fully acclimated to his new home.
Joe Biden and his German shepherds
Photo credit: Adam Schultz/White House
Owning a dog brings great joy but also great responsibility. Rarely does an owner want to acknowledge that their pet has the potential
to harm someone. Many states have adopted state-wide laws regarding the responsibilities of an owner to control their dog.
These laws are generally referred to as “leash laws.” [1] In Virginia, there is 2-part system.
What is the leash law in Virginia?
First, there is no state-wide “leash law,” but the law does empower local jurisdictions (cities, counties and towns) to adopt regulations concerning
the control of certain breeds of dogs, or at certain times of the year. These local ordinances have the effect of law and are called “running at large”
ordinances. [2] Localities are also empowered to enact ordinances that require a dog owner to have a dog under “immediate control” which means on
a leash or under voice control. [3] These local ordinances also have the effect of law and are called “leash laws”.
Most local jurisdictions in Virginia have adopted some kind of “leash law.” [4] Usually these laws require that while on your property,
you must keep your dog under control. This means that your dog is confined to the house, a dog pen, on a secured leash or generally under immediate
voice control. If you take the dog off of your property then the law usually requires you to have your dog on a leash or under immediate voice control.
It is advisable to have the dog on a leash.
VA dog leash law
What qualifies as a “dangerous” dog?
The second part of the Virginia system is a state-wide law governing “dangerous dogs.” [5] Under specific circumstances, if a dog has bitten
a person or another dog previously, then the dog is deemed a “dangerous dog.” There is a Dangerous Dog Registry. However, this state-wide law
is relatively ineffective due to the large number of exceptions. For instance, if the dog bite is determined not to be “serious” by a veterinarian,
then the law doesn’t apply. If the bite takes place on the property of the dog owner, then the laws doesn’t apply. And there are many other exceptions.
The potential harm from not having your dog on a leash or confined may come in a form other than your dog biting a person.
The harm could come from your dog wanting to play and knocking down a bicyclist or motorcyclist. Or the harm could come from scaring or
running into a person out for a walk, who then falls and becomes injured. In addition, there is the risk of your dog of being hurt if allowed to run loose.
What are the Virginia dog bite laws?
In general, Virginia is referred to as a “one bite” state or having the “one bite rule” when determining the civil liability of the dog’s owner.
This principle states that in order to hold a dog owner responsible for their dog biting someone, the victim must show that the dog has bitten prior
to this occasion. Even if the dog has not bitten before, if it has has shown “inclinations or characteristics” in its behavior that would otherwise
put the owner on notice that the dog is likely to cause injury, then a dog owner has a duty to use ordinary care to prevent an injury. [6]
dog fight on the beach
So, under this approach, a victim must show that the dog behaved viciously or aggressively on other occasions, and that the dog’s owner knew of
this behavior. This evidence may be obtained by one or more of the following ways: talking with the owner of the dog, the dog owner’s neighbors,
checking with animal control, postal employees, FedEx or UPS drivers, and possibly obtaining the records from the dog’s veterinarian.
However, leash laws and ordinances may create liability for a dog owner even though the owner has no reason to know that the dog is likely to bite. [7]
If a dog runs loose in violation of such an ordinance, or if a dog owner negligently allows the dog to get loose, the owner is liable for injury
caused by the dog off the premises of the owner. [8] To determine if your city or county has a leash law, check https://www.municode.com.
If your locale is not listed, call Animal Control for your area and ask about any “running at large” or “leash law” regulations.
Virginia law says that even if the dog has never bitten before, an owner is on notice for the “general natural inclinations” of the breed or
class of dog, and if those “inclinations or characteristics” are of a kind likely to cause injury, then the owner has a duty to use reasonable care
to prevent injury. Certain breeds can be naturally vicious and dangerous, especially if the breed is bred to be an attack or fight dog, and
the dog is raised that way. This is often called notice of the “propensities of the breed.”
Are there other animal laws in Virginia regulating pets?
Laws and regulations apply to other types of pets, from spiders to livestock. The codes are not state-wide, but county-wide, and are still subject
to zoning laws. For instance, cats are not subject to leash laws, and feral cats can roam freely. But even with this freedom, there are laws being
proposed that allow public and private shelters to trap, spay or neuter and return feral cats to their original “territory” .
This helps to reduce overpopulating in shelters and outdoors.
In certain counties, there are ordinaces on which pets are allowed, how much space is needed per animal. Check your local county ordinances and
zoning laws to see how these Virginia animal laws pertain to you.
In summary, the legislature has passed leash laws in Virginia to protect the citizens of our state from dangerous or vicious dogs, and has given
the authority to pass more stringent leash laws to the localities. Know the law of your locality and please be a responsible dog owner.
If you have been bitten or suffered an injury due to a dog, call Allen & Allen today to discuss your unique case, at 866-701-1974.
[1] See the following for a state-by-state review of dog “leash laws” https://www.animallaw.info/articles/ovusdogleashlaws.htm
[2] Va. Code sec. 3.2-6538.
[3] Va. Code sec. 3.2-6539.
[4] For example, ordinance in the City of Richmond, Virginia: “Sec. 10-172. Restraint or confinement of dogs. All dogs shall be kept under restraint or confined in an enclosure, except as otherwise provided in state law.” See https://library.municode.com/va/richmond/codes/code_of_ordinances. (See also Chapter 10. “Animals” generally).
[5] Va. Code sec. 3.2-6540 and 3.2-6542.
[6] Ignoring the fact that, at best, all dogs are domesticated wild animals, the law in Virginia states that a dog owner is not responsible for a bite by his dog unless or until the dog owner knows that the dog is aggressive and is likely to bite. (Some other states have laws that hold a dog owner is always responsible for the damage caused by his dog, which is based on the idea that it is in the nature of dogs to bite, so a dog bite is never a surprise to the owner).
[7] See Butler v. Frieden, 208 Va. 352, 158 S.E.2d 121 (1967), where the Virginia Supreme Court held that a city ordinance (“leash law”) set the standard of care for a dog owner and if it was violated, that was negligence by the dog owner.
[8] For instance, see Stout v. Bartholomew, 261 Va. 547, 544 S.E.2d 653 (2001). In that case, although a jury awarded damages to someone bitten by a dog, the trial court entered judgment for the dog owner and the Virginia Supreme Court agreed. The dog had escaped from an invisible fence and caused a motorcyclist to crash. However, noting that (1) the dog owner had successfully used an invisible fence with a previous dog; (2) this dog had never escaped the invisible fence before; (3) an invisible fence is not a method of fencing that is inherently any less reliable than any other method; (4) the dog had not shown propensity to attack cars or motorcycles or people, the Virginia Supreme Court held that there was no evidence that the dog owner did not act reasonably in restraining the dog or that the dog owner had any notice that the dog was likely to cause injury.
[1] See the following for a state-by-state review of dog “leash laws” https://www.animallaw.info/articles/ovusdogleashlaws.htm
[2] Va. Code sec. 3.2-6538.
[3] Va. Code sec. 3.2-6539.
[4] For example, ordinance in the City of Richmond, Virginia: “Sec. 10-172. Restraint or confinement of dogs. All dogs shall be kept under restraint or confined in an enclosure, except as otherwise provided in state law.” See https://library.municode.com/va/richmond/codes/code_of_ordinances. (See also Chapter 10. “Animals” generally).
[5] Va. Code sec. 3.2-6540 and 3.2-6542.
[6] Ignoring the fact that, at best, all dogs are domesticated wild animals, the law in Virginia states that a dog owner is not responsible for a bite by his dog unless or until the dog owner knows that the dog is aggressive and is likely to bite. (Some other states have laws that hold a dog owner is always responsible for the damage caused by his dog, which is based on the idea that it is in the nature of dogs to bite, so a dog bite is never a surprise to the owner).
[7] See Butler v. Frieden, 208 Va. 352, 158 S.E.2d 121 (1967), where the Virginia Supreme Court held that a city ordinance (“leash law”) set the standard of care for a dog owner and if it was violated, that was negligence by the dog owner.
[8] For instance, see Stout v. Bartholomew, 261 Va. 547, 544 S.E.2d 653 (2001). In that case, although a jury awarded damages to someone bitten by a dog, the trial court entered judgment for the dog owner and the Virginia Supreme Court agreed. The dog had escaped from an invisible fence and caused a motorcyclist to crash. However, noting that (1) the dog owner had successfully used an invisible fence with a previous dog; (2) this dog had never escaped the invisible fence before; (3) an invisible fence is not a method of fencing that is inherently any less reliable than any other method; (4) the dog had not shown propensity to attack cars or motorcycles or people, the Virginia Supreme Court held that there was no evidence that the dog owner did not act reasonably in restraining the dog or that the dog owner had any notice that the dog was likely to cause injury.
========================================
[addition 22 jan 2026 11:28 pm est]
maybe police can not enforce 'electric fence' law to public ampere cable / public electricity cable : youtube.com/watch?v=RNoSCkA8QlI&t=2m55s ( LES high-voltage safety demo )
[/addition 22 jan 2026 11:28 pm est]
---https://law.lis.virginia.gov/vacodefull/title55.1/chapter28/article1/ from google ( virginia fairfax electric fence law ) result 1
Code of Virginia
Table of Contents » Title 55.1. Property and Conveyances » Chapter 28. Trespasses; Fences » Chapter 28. Trespasses; Fences » Article 1. Electric Fences
Article
Article 1. Electric Fences.
§ 55.1-2800. Definition.
As used in this article, "electric fence" means a fence designed to conduct electric current along one or more wires of such fence so that a person or animal touching any such wire or wires will receive an electric shock.
1982, c. 280, § 55-298.4; 2019, c. 712.
§ 55.1-2801. Unlawful to sell, distribute, construct, install, maintain, or use certain electric fences upon agricultural land.
A. It is unlawful for any person to sell, distribute, construct, install, maintain, or use upon any land used for agricultural purposes or,
for any person exercising supervision or control over any such land, to permit any other person to construct, install, maintain, or
use any electric fence energised with electric charge unless that electric-charge is regulated by a controlling-device.
Except as otherwise provided in this article, such controlling device shall display approved label of and shall conform to
safety standards promulgated by Underwriters Laboratories, Inc., in its publication number UL69, dated June 30, 2009, and
entitled "Standard for Safety for Electric-Fence Controllers," as the same may from time to time be supplemented, or shall display
the approved label of and meet the safety standards promulgated by the International Electrotechnical Commission in
its publication IEC 60335-2-76, second edition (BS EN 69335-2-76), as the same may from time to time be supplemented.
B. No metallically continuous fence or set of electrically connected fences shall be supplied by more than one controlling device.
C. Any controlling device shall be suitably grounded when placed in service.
1982, c. 280, § 55-298.1; 2019, c. 712.
§ 55.1-2802. Unlawful to sell other controlling devices unless they meet certain standards.
A. A controlling device that does not conform to the requirements of § 55.1-2801 shall not be sold, distributed, constructed, installed, maintained, or
used unless it meets the following standards :
1. A peak-discharge-output type controlling device that deliver intermittent current not exceeding 4 milli-ampere-seconds
for maximum "on" period 0.2 second and minimum "off" period 3/4 second ( 0.75 second ) .
mean value of peak-output from such device shall progressively decrease from
4 milli-ampere-seconds at maximum "on" periods of both 0.2 and 0.1 second to
3.2 milli-ampere-seconds at six-hundredths second ( or maybe 0.06 second ) ,
1.9 milli-ampere-seconds at three-hundredths second ( or maybe 0.03 second ) , and
consequently to shorter "on" periods as output current increases.
2. A sinusoidal-output type controlling device that delivers an intermittent current of a value not in excess of 5 milli-ampere
for a maximum "on" period of 0.2 second and minimum "off" period of 0.9 second. The effective value of the output from such device may
increase as the "on" period decrease , increasing from 40 milli-amperes for one-tenth second ( 0.1 second ) to 57 milli-ampere for five-hundredths second ( or maybe 0.05 second ) ,
and 65 milli-ampere for twenty-seven thousandths second ( or maybe 0.027 second ) .
3. Any other type of controlling device that delivers a maximum intermittent current output of value not in excess of 4 milli-ampere-seconds
for maximum "on" period of 0.2 second and minimum "off" period of 0.9 second.
B. Notwithstanding the provisions of subsection A , no electric fence controlling device shall be sold, distributed, constructed, installed,
maintained, or used that will permit for longer than 1 second an uninterrupted electric current on the fence with an effective value
in excess of 5 milli-ampere when the load, including the measuring device, is not less than 450 ohms nor more than 550 ohms.
1982, c. 280, §§ 55-298.2, 55-298.3; 2019, c. 712.
§ 55.1-2803. Penalty.
Any person who violates any provision of this article is guilty of a Class 1 misdemeanor.
1982, c. 280, § 55-298.5; 2019, c. 712.
===================================
---https://law.lis.virginia.gov/vacodefull/title55.1/chapter28/article1/ from google ( virginia fairfax electric fence law ) result 1 original-text :
Article 1. Electric Fences.
§ 55.1-2800. Definition.
As used in this article, "electric fence" means a fence designed to conduct electric current along one or more wires of such fence so that a person or animal touching any such wire or wires will receive an electric shock.
1982, c. 280, § 55-298.4; 2019, c. 712.
§ 55.1-2801. Unlawful to sell, distribute, construct, install, maintain, or use certain electric fences upon agricultural land.
A. It is unlawful for any person to sell, distribute, construct, install, maintain, or use upon any land used for agricultural purposes or, for any person exercising supervision or control over any such land, to permit any other person to construct, install, maintain, or use any electric fence energized with an electric charge unless the charge is regulated by a controlling device. Except as otherwise provided in this article, such controlling device shall display the approved label of and shall conform to the safety standards promulgated by the Underwriters Laboratories, Inc., in its publication number UL69, dated June 30, 2009, and entitled "Standard for Safety for Electric-Fence Controllers," as the same may from time to time be supplemented, or shall display the approved label of and meet the safety standards promulgated by the International Electrotechnical Commission in its publication IEC 60335-2-76, second edition (BS EN 69335-2-76), as the same may from time to time be supplemented.
B. No metallically continuous fence or set of electrically connected fences shall be supplied by more than one controlling device.
C. Any controlling device shall be suitably grounded when placed in service.
1982, c. 280, § 55-298.1; 2019, c. 712.
§ 55.1-2802. Unlawful to sell other controlling devices unless they meet certain standards.
A. A controlling device that does not conform to the requirements of § 55.1-2801 shall not be sold, distributed, constructed, installed, maintained, or used unless it meets the following standards:
1. A peak-discharge-output type controlling device that delivers intermittent current of a value not in excess of four milliampere-seconds for a maximum "on" period of two-tenths second and a minimum "off" period of three-quarters second. The mean value of the peak output from such device shall progressively decrease from four milliampere-seconds at maximum "on" periods of both two-tenths and one-tenth second to three and two-tenths milliampere-seconds at six-hundredths second, one and nine-tenths milliampere-seconds at three-hundredths second, and consequently to shorter "on" periods as output current increases.
2. A sinusoidal-output type controlling device that delivers an intermittent current of a value not in excess of five milliamperes for a maximum "on" period of two-tenths second and a minimum "off" period of nine-tenths second. The effective value of the output from such device may increase as the "on" period decreases, increasing from 40 milliamperes for one-tenth second to 57 milliamperes for five-hundredths second, and 65 milliamperes for twenty-seven thousandths second.
3. Any other type of controlling device that delivers a maximum intermittent current output of a value not in excess of four milliampere-seconds for a maximum "on" period of two-tenths second and a minimum "off" period of nine-tenths second.
B. Notwithstanding the provisions of subsection A, no electric fence controlling device shall be sold, distributed, constructed, installed, maintained, or used that will permit for longer than one second an uninterrupted electric current on the fence with an effective value in excess of five milliamperes when the load, including the measuring device, is not less than 450 ohms nor more than 550 ohms.
1982, c. 280, §§ 55-298.2, 55-298.3; 2019, c. 712.
§ 55.1-2803. Penalty.
Any person who violates any provision of this article is guilty of a Class 1 misdemeanor.
1982, c. 280, § 55-298.5; 2019, c. 712.
=================================
---https://getidiom.com/dictionary/english/hundredth-of-a-second from google ( Hundredth second meaning ) result 5
hundredth of a second
noun
A unit of time equal to 1 hundredth ( 1 / 100 ) of a second.
Example The runner finished the race in just under fifty hundredths of a second.
Synonyms centi-second
‹ hundredth of a dollar
hundredth percentile ›
===============================
---https://fairfaxfence.com/how-does-an-electric-fence-work-understanding-its-mechanism/ from google ( virginia fairfax electric fence law )
page 3 number 1
How Does an Electric Fence Work: A Comprehensive Guide
Electric fences are not just for farms—they’ve found use in residential areas, wildlife conservation, and even for protecting valuable assets
like solar farms or gardens. Did you know that electric fences provide an efficient, cost-effective solution for keeping animals in and
unwanted visitors out? Whether you’re a farmer or a homeowner, understanding how these fences work can help you maximize security and
control in a humane way.
Electric fences operate by delivering a non-lethal shock when touched, creating a psychological barrier rather than a physical one.
This shock is enough to deter without causing harm, making it a humane yet powerful security measure.
How Electric Fences Operate
Safe Delivery
Electric fences act as a mental barrier for animals, deterring them from crossing the boundary. The system functions by delivering
a safe shock through high-voltage, low-amperage pulses. This shock is enough to startle the animal without causing harm.
The electric fence operation involves a quick installation process that does not require specialized tools. The fence typically consists of
wires connected to a power source. When an animal comes into contact with the wire, it completes the circuit, allowing the electric pulse
to flow through the animal and back to the ground.
Installation Process
The electric fence function relies on the principle of completing an electrical circuit. The fence charger sends electrical pulses through the wires at regular intervals. These pulses are short-lived but effective in creating a psychological barrier for animals.
Quick installation process
No specialized tools needed
Reasons to Use Electric Fencing
Effectiveness in Livestock Control
Electric fencing is highly effective in controlling various types of livestock, ensuring they stay within designated areas. The mild electric shock delivered by the fence acts as a deterrent, training animals to respect boundaries. This feature is particularly useful for preventing grazing animals from wandering into neighboring properties or dangerous areas.
Electric fences are especially beneficial for managing cattle, horses, sheep, and goats. These fences provide a reliable way to contain animals without causing harm. Farmers and ranchers widely use electric fencing due to its reliability and ability to secure large areas of land effectively.
Versatility as a Topper Wire
One of the key advantages of electric fencing is its versatility as a topper wire for existing fences. By adding an electric wire on top of traditional fencing structures, such as wooden or wire fences, it significantly enhances security measures. This combination creates a strong deterrent against predators or intruders attempting to breach the perimeter.
The addition of an electric wire to existing fences also helps in preventing climbing over barriers by animals or humans. This dual-layered approach reinforces the overall security of the property, making it challenging for any unauthorized entry.
Cost-effectiveness and Low Maintenance
Compared to traditional fencing options like wood or metal, electric fencing offers substantial cost savings. The initial investment in electric fencing equipment is relatively low, making it an attractive choice for farmers looking to secure their livestock efficiently. The installation process is simple and quick, further reducing labor costs.
Electric fences require minimal maintenance once installed properly. Routine checks on the power source and wires are usually sufficient to ensure the fence’s functionality. This low maintenance requirement translates to long-term savings for farmers and landowners, eliminating the need for frequent repairs or replacements associated with traditional fencing materials.
Powering Your Fence System
Energizer Role
Electric fences rely on fence energizers to function. These devices, also known as fence chargers, supply the necessary power to keep the fence operational. The energizer converts electrical energy from a power source into pulses that travel through the wires.
AC vs DC Energizers
Portable fence energizers come in two main types: AC and DC. AC energizers are typically more powerful and suitable for permanent installations where a reliable power source is available. On the other hand, DC energizers are preferred for temporary fence systems or remote locations due to their ability to run on batteries.
Soil Type Influence
The type of soil in which the fence is installed plays a crucial role in selecting the right energizer. Dry or sandy soils have poor conductivity, requiring a higher voltage output from the energizer to ensure an effective shock. In contrast, wet or clay-rich soils offer better conductivity, allowing for lower voltage outputs.
Selecting the Right Voltage
Assessing Animal-Specific Voltage Requirements
When selecting the right voltage for an electric fence, it’s crucial to consider the type of animals being contained. Different animals require varying levels of voltage to deter them effectively. For instance, smaller animals like rabbits or raccoons may only need a low voltage to act as a deterrent, whereas larger livestock such as cattle or horses might require a higher voltage due to their size and strength. Understanding these differences is essential in ensuring the fence’s effectiveness.
Recommended Voltage Ranges for Various Animals
For effective containment, it’s recommended to use specific voltage ranges based on the animal being fenced in. Livestock animals like cows and horses typically respond well to voltages ranging between 2000 to 4000 volts. On the other hand, smaller animals like dogs or poultry may require lower voltages, usually between 700 to 2000 volts, to prevent them from escaping. By tailoring the voltage levels according to the animal type, you can maintain a secure and safe enclosure.
Importance of Higher Voltages for Wildlife Exclusion
When aiming to exclude wildlife from accessing food sources or sensitive areas, higher voltages are necessary. Wildlife animals such as deer or bears are more resilient and can be more determined when seeking food. Therefore, using high voltages exceeding 5000 volts can be effective in deterring these animals from entering prohibited zones. The increased voltage creates a strong deterrent effect, preventing wildlife from breaching the fence and causing damage.
Building and Installing Your Fence
Materials Needed
To construct an electric fence, you will require the following materials:
Fence Posts: These are essential for providing support to the fence structure.
Wire Fence: The primary component that carries the electrical charge.
Fence Controller: This device regulates and delivers the electric pulse to the fence wire.
Insulators: Necessary to prevent the electric current from leaking into the ground.
Grounding Rods: Assist in grounding the electric charge effectively.
Warning Signs: Important for alerting individuals about the electrified fence.
Installation Steps
The installation process for an electric fence involves several crucial steps:
Fence Layout: Begin by planning the layout of your fence, considering factors like terrain and property boundaries.
Setting Up Posts: Install sturdy fence posts at regular intervals to support the wire fencing.
Attaching Wire: Securely attach the wire to the posts, ensuring proper tension for effective containment.
Connecting Controller: Connect the fence controller to a power source and link it to the wire fence for electrification.
Grounding System: Establish a robust grounding system by driving grounding rods into the earth and connecting them to the controller.
Testing: Before activating the fence, conduct thorough testing to ensure all components are functioning correctly.
Proper Spacing and Alignment Tips
To optimize the effectiveness of your electric fence, consider these spacing and alignment tips:
Ensure consistent spacing between fence posts to maintain structural integrity and prevent sagging.
Position warning signs at regular intervals along the fence line to alert people of potential hazards.
Maintain proper alignment of the wire fencing to create a seamless barrier that minimizes gaps or weak points.
Regular Maintenance and Inspections
Schedule Routine
Ensure regular maintenance of your electric fence to prevent malfunctions. Inspect the fence periodically to identify any issues promptly.
Vegetation Growth: Over time, vegetation growth near the fence can interfere with its functionality. Trim any plants or bushes that are too close to the fence.
Energizer Output: Test the energizer output on a consistent basis to ensure it is functioning properly. This step is crucial for maintaining the fence’s optimal performance.
Importance of Inspections
Routine inspections play a vital role in ensuring the effectiveness of your electric fence. By conducting regular checks, you can detect any problems early on.
Signs of Wear: Look out for signs of wear such as damaged wires or insulators. Addressing these issues promptly can prevent further damage.
Moisture Check: Check for any moisture accumulation around the fence, as this can impact its conductivity. Ensure proper drainage to avoid disruptions in the fence’s operation.
Benefits of Maintenance
Regular maintenance and inspections offer several benefits for your electric fence system. These practices can extend the lifespan of your fence and reduce the likelihood of costly repairs.
Preventative Measures: By addressing issues proactively, you can prevent major malfunctions that may compromise the security of your property.
Cost-Effective Solution: Investing time in maintenance is a cost-effective approach compared to dealing with extensive damages due to neglect.
Tips for Efficient Maintenance
Implementing a few tips can help streamline the maintenance process and keep your electric fence in top condition.
Use Appropriate Tools: Ensure you have the necessary tools for maintenance tasks, such as wire cutters and voltage testers.
Consult Experts: If you encounter complex issues, don’t hesitate to seek assistance from professionals who specialize in electric fences.
Safety Tips for Electric Fences
Signage Alert
Proper signage is crucial to alert individuals about the presence of electric fences. Clear and visible signs can prevent accidents and ensure that people are aware of the potential hazards.
It is essential to have warning signs at regular intervals along the fence line, especially in areas where visibility might be reduced due to vegetation or other obstacles. By doing so, you can effectively communicate the presence of an electrified fence and minimize the risk of accidental contact.
Protective Gear
When working near electrified areas, wearing protective gear is highly recommended. Insulated gloves, rubber boots, and appropriate clothing can provide a barrier against electric shocks, reducing the likelihood of injuries.
Always ensure that your protective gear is in good condition and free from any damage that could compromise its effectiveness. Prioritizing safety by wearing the right equipment is a proactive measure to safeguard yourself against potential electric shocks.
Child and Pet Safety
Keeping children and pets away from the electric fence is paramount for their safety. Educate them about the dangers posed by the fence and establish clear boundaries to prevent them from getting too close.
Children are naturally curious, so it’s important to supervise them when they are playing near the fence. Consider installing a secondary barrier such as a traditional fence to create an extra layer of protection and further reduce the risk of accidents.
Effective Applications of Electric Fences
Livestock Management
Electric fences play a crucial role in livestock management, offering an efficient way to contain animals within specific areas. These fences are commonly used in agricultural settings to keep livestock such as sheep and cattle safe from predators and prevent them from straying into unwanted areas. The electric fence system delivers a mild shock upon contact, training animals to respect boundaries without causing harm.
Residential Use
In residential areas, electric fencing serves multiple purposes including pet containment and enhancing security measures. Pet owners often utilize electric fences to create safe boundaries for their pets, allowing them to roam freely within a designated area while deterring them from escaping. Moreover, these fences act as a deterrent for intruders, providing an additional layer of security for homes and properties.
Wildlife Management and Conservation
Electric fences are instrumental in wildlife management and conservation efforts, particularly in areas where human-wildlife conflicts are prevalent. By installing electrified fences, conservationists can protect vulnerable wildlife populations from human encroachment and mitigate conflicts between animals and humans. These fences help maintain the natural habitat of various species while ensuring the safety of both wildlife and local communities.
Final Thoughts
Understanding how electric fences work, their benefits, and how to maintain them is crucial for getting the most out of them. To optimize your electric fence, choose the right voltage, install it correctly, and follow safety rules. Electric fences offer security, control over animals, and property protection. Using electric fences wisely can boost security and make tasks easier. Regularly check the fence, prioritize safety, and explore different uses for it. By following these tips, you can maximize the benefits of electric fencing on your property.
Northern Virginia’s Trusted Fencing Expert
Looking for top-quality fencing solutions in Northern Virginia? Fairfax Fence is your trusted local expert for all types of fencing needs. Whether you’re looking to enhance the security of your home, add privacy, or elevate your property’s curb appeal, Fairfax Fence provides durable, beautifully crafted fences tailored to your requirements.
With years of experience and a commitment to superior craftsmanship, we offer a wide range of options including wood, vinyl, aluminum, and chain link fences. Our skilled team ensures hassle-free installation, reliable service, and customized solutions that fit your budget and style.
Why Choose Fairfax Fence?
Expert installation with attention to detail.
High-quality materials are built to withstand the elements.
Competitive pricing and personalized quotes.
Exceptional customer service from start to finish.
Ready to transform your outdoor space? Visit Fairfax Fence today for a free consultation and discover how we can help secure and beautify your property!
Frequently Asked Questions
What happens when an animal touches an electric fence?
When an animal touches an electric fence, it will receive a mild to moderate electric shock as a deterrent to keep them from crossing the boundary.
How do you supply power to an electric fence?
To supply power to an electric fence, you can use a dedicated energizer connected to a power source, such as a battery or AC outlet. Make sure to follow safety guidelines when installing and maintaining the fence.
What are the weaknesses of electric fences?
Electric fences can be vulnerable to power outages and can be less effective in extreme weather conditions.
What are the disadvantages of electric fences?
One disadvantage of electric fences is that they can be expensive to install and maintain. Additionally, they require a power source, which can be inconvenient in remote areas.
=================================
---https://www.reddit.com/r/ConselhosLegais/comments/1kw28up/gato_do_vizinho_morreu_preso_em_cerca_el%C3%A9trica/?tl=en
from google ( electric fence accidentally kill pet lawsuit ) result 1
r/ConselhosLegais
•
19 days ago
MiddleMean4064
The neighbor's cat died trapped in the electric fence.
Neighborhood cats are getting into my backyard, messing up the garden and pooping on the ground (next to the food), which is covered
with dry matter to retain soil moisture, making it a favorable environment for them to leave their droppings.
As a result, there's an excess of flies and little flies (baby flies) every day and a horrible smell of cat feces.
I installed razor wire + barbed wire on the wall. It didn't work. I decided to take drastic measures. I installed an electric fence along
with razor wire.
Result: after 2 weeks of peace and quiet on the property, a cat got stuck between the fence and the razor wire and died.
The animal belongs to the neighbor, she saw it from her house and is threatening to report me for "killing her pet".
What should I do? Could I face serious consequences for this?
I acted to protect what's ours, we haven't had problems with excess flies in my backyard or that insane smell of cat poop anymore.
The territorial problem was solved, but this incident happened.
New-Complex-3603
•
19 days ago
Profile Badge for the Achievement Top 1% Commenter Top 1% Commenter
As far as I know, if the electric fence was installed correctly by a certified company, it doesn't kill anyone. Its purpose is to repel, scare, not kill. Now, if you installed it with some random guy using a high voltage on purpose to kill, then yes, you can (and should) be charged.
=================================================
5 aug 2025 3:45 pm est : add date-time for previous post
=================================================
25 aug 2025 9:27 am est : about tort-of-deceit law :
---stimmel-law.com/en/articles/fraud-and-deceit-what-are-they-and-how-do-you-prove-it from google ( how to prove deception lawsuit ) result 1
fraud-and-deceit: what are fraud-and-deceit and how do you prove fraud-and-deceit
“fraud” means people do wrongful acts ranging from outright thievery to simply not telling the whole story to someone in order
to make a deal happen. Legally, concepts of Fraud-and-Deceit are more complex and specific torts that require proof of
specific wrongful acts in order to achieve appropriate remedy.
reader should 1st review our basic article on Torts, Intentional and Negligent for a discussion of characteristics
of such causes of action in general. This article shall only discuss the elements necessary to constitute
specific torts of Fraud and Deceit. It shall be assumed for the purposes of this article that the larger article
has already been read.
Law and definitions.
Actual Fraud is normally related to contract-letter in nature and is defined in the California Civil Code (CC) Section 1572.
Deceit, which is not necessarily based on a contract-letter, is described at CC 1709 and 1710. CC 1572 Actual fraud…consists
in any of the following acts, committed by a person on contract-letter, or with his connivance/silent-agreement-to-do-fraud
[source:'tacit' in tfd.com/connivance, 'silent' in tfd.com//tacit] ,
with intent to deceive another person thereto, or with intent to induce him to enter/participate-in contract-letter:
1. suggestion, as a fact, of that which is not true, by someone who does not believe it to be true
2. positive assertion/confirmation, not warranted/proven by information of the person making it,
of that which is not true, though he believes it to be true
[source:'justified', 'proof' in tfd.com/warranted]
3. suppression of true-fact by someone who has knowledge or belief of that fact
4. A promise made without intention of doing that promise; or,
5. Any other act fitted to deceive. CC 1709
[source:'to that' in tfd.com/thereto]
someone -a- who willfully deceives another person -b- with intent to induce that other person -b- to alter/change
that other person-b-'s position to that other person(b)'s injury or risk, is liable/responsible for
any damage which he(b) thereby suffers CC 1710 specified 4 kinds of deceit within the meaning of CC 1709:
(a) Intentional misrepresentation which is “suggestion, as a fact, of that which is not true, by someone who does not
believe that suggestion to be true;”
(b) Negligent misrepresentation which is “the assertion, as a fact, of that which is not true by someone who has no reasonable
ground for believing it to be true”
(c) Concealment, which is “the suppression of a fact by someone who is bound to disclose that fact or who gives information
of other facts which are likely to mislead for want of communication of that fact” and
(d) False Promise which is “a promise made without any intention of performing it.” Aside from above statutes,
California law-courts have long make following criteria as essential to prove in fraud:
a) misrepresentation
b) knowledge that the misrepresentation is false
c) intent to deceive
d) justifiable reliance by victim (maybe means how important that misrepresentation is, to victim)
e) resulting damages
The above criteria must all be met.
If I say false-statement to you but i don't know that false-statement is false or
even if I say misstatement knowing that misstatement is false but that misstatement did not harm you
then no action lies (not sue-able).
no benefit to wrong doer necessary. Note that it is not necessary that wrongdoer benefited from fraud.
It is enough that above criteria are met and you were damaged.
misstatement of fact required.
Usually, mis-representation must be an affirmation/confirmation-of-fact.
[source:'assertion', 'confirmation', 'ratification' in tfd.com/affirmation]
opinion are usually not actionable/sue-able. [source:'prosecute-able', 'litigable', 'triable' in tfd.com/actionable]
saying a belief or suspicion seldom result-in/produce liability/probability for fraud even if you accidentally-wrongly-say
your actual opinion.
[source:'probability' in tfd.com/liability]
so if I say, “This house has no defects and is worth 200,000 dollars” when I know that house has bad foundations and
is worth nothing then that could make me liable/law-suit-target but if I say, “i believe there are no problems with this house
and I think this house may be worth 200,000 dollars,” then i probably not liable/law-suit-target.
(warning: if people say statements in belief-mode then check the truth of the opinion by yourself) Further
representation, to be actionable/sue-able, must ordinarily/usually be past-fact or existing-fact:
predictions to future events or future action by some 3rd parties are often deemed opinions
and seldom actionable/prosecutable-fraud.
but, despite this general rule, misrepresentations to opinions can result in liability/law-suit if defendant held him or
herself out as be “specially qualified” and hearer is situated as to be regarded as reasonably relying on that expertise,
fraud may lie. (Typically, if I indicate I have lived in that house for 10 years and think the paint is lead-free that may
result in a complaint in fraud if I intentionally misstated/say-with-twist that opinion to a new buyer.) Further,
if someone say an opinion not as an opinion but as a fact that may create liability/law-suit for fraud.
If someone is in a fiduciary capacity then someone’s opinion may be treated as grounds/reason for fraud
if that opinion is improperly given/said.
reader should review definitions and types of fiduciaries that exist on article on this web site but suffice
to say that most professional relationship, family relationships, employee-employer relationships, etc, can create
that type of duty.
An old issue has been whether a misstatement of intention to perform constitutes/means fraud since
that misstatement relates to future action, not present fact, and may even be considered an opinion.
law-courts now normally allow misstatement to be actionable-fraud if that misstatement relates to a false presentation of
current intentions.
If you falsely-say you intend to perform then that may constitute/mean fraud. (Consider how hard that is to prove since
you try to prove what happen inside someone’s head. Most cases use proof by using evidence of conflicting
statements of intent made to different people at the same time.)
the criteria of intent:
For fraud and deceit, it is usually necessary to prove that defendant meant to induce action by some particular person or
persons in-reliance-upon/who-depend-on that false-statement. While there is a particular cause of action called
“negligent misrepresentation,” that is not an intentional tort/twisted-act
[source:
(1/2)'from Old French, from Medieval Latin tortum, literally: something twisted, from Latin torquēre to twist' in tfd.com/tort
(2/2)'a wrongful act or an infringement of a right (other than under contract) leading to civil legal liability.
"public nuisance is a crime as well as a tort"' in google ( tort meaning ) result 1
]
(so unlikely to ever allow punitive damages) and has its own stringent/strict requirements as to what elements must exist
to make it a valid cause of action.
[source:'strict', 'not flexible' in tfd.com/stringent]
Negligent misrepresentation is treated in other articles on this website.
Note that misrepresentation may be indirect.
If I know you will tell my misrepresentation to another person-b- and
intend that -b- shall act upon/depending-on that misrepresentation
then I may be liable/law-suit-target for fraud even if I did not directly tell that misrepresentation to 3rd party.
And someone who say statement intending to defraud entire class of people or public is deemed
to already-say intentional misrepresentation to each person in class.
but, if persons relying-on the misrepresentation are not reasonably foreseeable
then some law-courts have held that the requisite intent has not been established.
reasonable reliance:
It must be shown that the injured party actually relied-upon/using that misrepresentation, e.g. (for-example) that
the representation was “an immediate cause of the injured party’s conduct and that without that kind of representation,
the injured party would not, ( in all reasonable probability ), have entered into contract or other transaction.”
Obviously, then, if the statements were not known to the injured party until after he or she acted, no fraud would lie.
Further, if the injured party discovered truth or had easy access to necessary information to show the truth, many law-courts
have held that no fraud could lie since there was no reasonable reliance on the misstatements. (a fiduciary relationship
to injured-party by the wrong doer can obviate/prevent this.)
[source:'prevent' in tfd.com/obviate]
but, in a remarkable exception, existence of recorded title documents that would mitigate
against the fraud do not stop action against theerson who misrepresented the state of title. “Such public recordation
is to protect bona fide purchasers, not people who commit fraud.” (Seeger v Odell (1941) 18 C2d, 409).
and the damages ?
In an action based on contract, the injured party normally has choice to rescind (eliminate) contract or affirm/confirm
contract. If rescinded, injured party gets back any consideration paid for contract and contract is voided.
If affirmed then injured-party is entitled to damages that are suffered and that usually means contract is treated
as if the misstatements of fact were actually true and injured-party gets “benefit of the bargain.”
so, if you advise me machine you are selling is worth 500,000 but hidden-defect will cost 150,000 to repair,
i may get 150,000 in damages. And, in certain circumstances, “punitive damages” to punish person who defrauded may be
levied and those persons are usually related to actual losses suffered, degree of malice and deceit shown and anger
of judge or jury. Despite articles in newspapers, punitive damages do not constitute/mean constant portion of
jury verdicts even-though they do get levied from time to time. Our firm has obtained 10 million dollars in punitive damages
based on actual contractual damages of only 4 million dollars (so a 14 million dollar verdict in all.)
If you are a defendant then you must consider “punitive damages” as possible.
If you are a plaintiff/law-suit-maker then you should try-for/seek “punitive damages”, but do not assume “punitive damages”
are automatic by any means. [source:'claimant', 'petitioner' in tfd.com/plaintiff]
And damages based on fraud (and other intentional torts) are often not dischargeable in bankruptcy which gives
judgment holder a tremendous advantage over other creditors of defendant.
conclusion:
All too often, in effort to intimidate opponents or due to emotion, people throw fraud causes of action to purely
contractual disputes, asking for massive punitive damages and alleging/suspecting copious misrepresentations.
law-courts and arbitrators, now used to “over pleading” routinely discount that-kind-of allegations/suspicion and
we normally do not recommend “over pleading” to our clients.
but, if misrepresentation leading to damages has occurred then fraud is a powerful and effective cause of action,
albeit/even-though far more complex to plead and prove than most people believe.
[source:'even-though' in tfd.com/albeit]
fraud-law-suit allows for additional compensation than someone obtains in a typical breach of contract action law-suit,
allows for possibility of punitive damages, and expands scope of discovery available to plaintiffs
so they may determine far more of events that transpired that led to the damages.
If fraud has-been-pled-against/already-attack you then do not over-react.
A careful analysis of elements/criteria of fraud as described above should indicate that what many people consider fraud
is often not fraud.
often a plaintiff will start litigation because plaintiff heard defendant's comment casually as to his or her opinion
as to what might happen and plaintiff claims such opinion was intentionally wrong.
As seen above, that is usually not fraud.
Close analysis and good legal advice must be sought by parties prior they embark on what can be costly…
and often useless…litigation. But in those instances in which fraud truly occurs, it can form single largest element of
damages awarded to injured plaintiff. When our clients do sue for fraud and obtain damages, it is common to receive award of
punitive damages many times higher than contractual damages-and recall, bankruptcy may not be available to void those damages.
See our web article on Bankruptcy: the Constitutional Right to Start Over.
==========================================================
26 aug 2025 7:40 pm est :
====================================================================
---https://www.losangelescriminallawyer.pro/california-penal-code-section-641-3-pc-commercial-bribery.html #bribe#
from google ( domestic bribery law ) result 2 -> ppl also ask -> Is bribery illegal for private individuals?
California Penal Code Section 641.3 PC: Commercial Bribery
commercial bribery
1. Definition and Elements of the Crime
Bribery is usually thought of as a crime associated with public sector. People may think about bribery involving jurors, legislators or
public officials. However bribery can be prosecuted when it occurs in private sector as well.
Under California Penal Code Section 641.3 PC, commercial bribery is a serious criminal offense that may result in severe punishments.
In order to prove a charge of commercial bribery , a prosecutor must be able to establish the following elements :
(1)defendant is an employee who solicits, accepts or agrees to accept, with corrupt intent
(2)$250 or more
(3)From someone other than his or her employer (or the employer’s agent)
(4)Without the knowledge or consent of his employer
(5)In exchange for using his or her position to convey benefit to other person.
California Penal Code Section 631.3 PC applies equally to employees receiving or soliciting bribes as well as to person offering bribes.
Both can be convicted of commercial bribery under the statute. The commercial bribery statute is intended to protect company loyalty and
to make sure that employees are not trying to actively undermine their employers and the companies they work for.
2. Related Offenses
Similar offenses include the following :
Bribery of an Executive Officer/Public Employee- California Penal Code Section 67 PC and California Penal Code Section 68 PC
Bribery of or by Legislators - California Penal Code Section 85 PC and California Penal Code Section 86 PC
Bribery of Judges and Jurors - California Penal Code Section 92 PC and California Penal Code 93 PC
Bribery of or by Witnesses – California Penal Code Section 137 PC and California Penal Code Section 138 PC
3. Examples
A man works for a large manufacturer and is in charge of purchasing raw materials in bulk. A supplier of these materials buy the man lunch and
delivers a sales pitch in hopes of getting contract with that manufacturer. The man listens to the sales pitch and determines it is fair.
He also enjoys that lunch at his favorite restaurant. As a result, that man decides to award contract to this raw material supplier.
Both parties would not be guilty of commercial bribery in this situation, because even though supplier bought lunch for that man ,
the price terms were fair and the company was not harmed.
In a similar example , that raw material supplier knows his materials are below market grade, however he wants to win contract with
that manufacturer. He offers to give that manufacturer’s representative a $10,000 “appreciation fee” if he is awarded that contract.
That man takes that money and awards contract to that material supplier, which ultimately harms that company he works for.
Both the man and the material supplier could be charged with commercial bribery under California Penal Code Section 641.3 PC in this scenario,
as they engaged in a scheme to undermine the man’s employer via a bribe.
4. Defenses to Commercial Bribery
Commercial bribery is a specific intent crime that require defendant to accept or make a bribe with corrupt intent.
There may be situations in which a gift or other act is offered or accepted innocently without this intent.
In these cases , defendant would have a valid defense if charged criminally with commercial bribery.
5. Penalties
Commercial bribery is an offense that can be a misdemeanor or a felony, depending on the amount of the bribe involved.
If the bribe is $1,000 or less, a defendant can be sentenced to jail for up to a year.
For bribes in excess of $1,000, the defendant can be sent to prison for up to three years if convicted.
6. Criminal Defense for Commercial Bribery
If you or a loved one have been accused of commercial bribery it is very important that you speak with a Los Angeles Criminal Defense
Attorney right away. Los Angeles Criminal Defense Lawyer Michael Kraut is a former Deputy District Attorney with over 14 years of prosecutorial
experience who previously prosecuted white collar crimes as a member of the Los Angeles County District Attorney's elite Major Fraud Division.
Mr. Kraut is highly regarded in this area and maintains relationships with law enforcement personnel and prosecutors.
For more information about commercial bribery, and to schedule your free consultation, contact Los Angeles Criminal Defense Lawyer Michael Kraut
at the Kraut Criminal & DUI Lawyers located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.
===============
---https://www.stimmel-law.com/en/articles/commercial-bribery-us-and-california-penalties #bribe#
from google ( commercial bribery ) result 5
Commercial Bribery in the US and California - The Penalties
Payment of monies or favors to government or business people to obtain favors is a common event throughout the world and, indeed,
is considered an acceptable if not necessarily acknowledged part of business or governmental activity in at least 1/3 of the world and
perhaps half of the developing world. Sorely underpaid, many middle and lower governmental officers in Africa and South America routinely
must make ends meet by such transfers and gifts in Asia are considered polite as well as necessary for one engaged in business.
Foreign Corrupt Practices Act, (“FCPA”) is a unique law of the United States in that it seeks to impose criminal liability for acts
in other jurisdictions that may not even be illegal in other nations, and is perhaps the best example of the American response to such activity.
Commercial bribery is not only discouraged : it is illegal. And the punishment, both under FCPA and other Federal and California laws,
is both severe and often imposed.
This Article shall assume that the reader has already reviewed our web article on the Federal Corrupt Practices Act and will concentrate on
Federal and California law prohibiting and punishing those who engage in bribery…whether offering it or receiving same…in the commercial setting.
THE BASIC LAW:
Both California and Federal government have powerful statutes that prohibit and punish bribery in the commercial setting.
(This is usually considered a separate and different crime than bribing a governmental official.) In the commercial setting,
which can roughly be defined as business and trade in all its various aspects, the amount of the penalty depends largely on the amount of
the sums offered and/or accepted as the bribe.
The reader should review our article on Criminal Law in the United States to obtain both the basic criminal procedure of a trial and
the burden of proof imposed upon the United States federal and state governments to obtain a criminal conviction.
STATE LAW:
Assuming monies are either offered or received to perform favors in a commercial setting, in California the accused can be alleged to have
committed the crime of commercial bribery pursuant to California Penal Code section 641.3. Commercial bribery involving bribes in an amount
exceeding more than $1,000 is punishable by imprisonment in county jail or state prison for 16 months, two, or three years.
In addition restitution of the sums lost due to the criminal violation can be ordered. The accused could also be alleged to have
to have committed grand theft under California Penal Code section 484 with penalties of imprisonment and restitution.
California criminal law divides offenses into three major categories: felonies, misdemeanors and infractions.
Felonies include most violent crimes against persons such as murder as well crimes against property such as burglary and theft depending
on the value of the property involved and other nonviolent crimes such as bribery, embezzlement, fraud or computer crime often termed
“white collar crime”.
Felonies are crimes for which a person may be sentenced to imprisonment in state prison (usually for more than 1 year.)
Misdemeanors are lesser crimes for which the penalty may be imprisonment in a county jail (usually for one year or less) and
infractions are offenses generally not punished by imprisonment at all.
“White collar crime” is a common term involving crimes that are nonviolent, have cheating or “dishonesty” as a common basis and are
often committed by persons who are professionals or entrepreneurs under cover of or as part of legitimate business activities.
1. Commercial Bribery by Employees
California Penal Code section 641.3 was enacted in 1989 and according to California White Collar Crimes Criminal Sanctions And Civil Remedies,
2004, Matthew Bender & Co, Inc. at section 8.200 contains a broadly worded commercial bribery prohibition.
Section 641.3 (a) provides that “[A]ny employee who solicits, accepts, or agrees to accept money or anything of value from a person other
than his or her employer , other than in trust for the employer, corruptly and without the knowledge or consent of the employer,
in return for using or agreeing to use his or her position for the benefit of that other person, and any person who offers or gives
an employee money or anything of value under those circumstances , is guilty of commercial bribery.”
The elements of the offense of employee commercial bribery are
(1) employee solicits, accepts, or agrees to accept a thing of value from another a person other than his/her employer agreeing
in turn to use his/her position for the benefit of that person
(2) the thing of value solicited, received, offered or given must be an amount of money or have a monetary value of more than $100 or
the section does not apply
(3) the violation must occur without the knowledge or consent of the employer and
(4) the act must be entered into “corruptly” requiring a specific intent to injure or defraud employer (Penal Code section 641.3(d)(3).
This commercial bribery statute is based on idea of fiduciary duty between a business entity and its employees.
The breach of that duty to the injury of the employer based on the acceptance of a thing of value is unlawful.
Section 641.3( c) provides that “[C]ommercial bribery is punishable by imprisonment in the county jail for not more than 1 year
if the amount of the bribe is $1,000 or less, or by imprisonment in county jail, or in the state prison for 16 months, or 2 or 3 years
if the amount of the bribe exceeds $1,000 .”
This is a “wobbler criminal offense” as it is chargeable as a misdemeanor or felony with the later penalty providing for a determinate sentence
of 16 months or 2 or 3 years. The punishment is restricted to a misdemeanor penalty (1 year in local custody) where the thing of value given as
a bribe has a market value of $1,000 or less.
In addition to the misdemeanor or felony sentence, possible civil damage provisions of Civil Code section 3281 allowing damage to person
injured by unlawful act may also apply. Essentially, this allows the person damaged to seek damages by filing suit in the civil court.
See our web article on Embezzlement.
Additionally, as with all criminal violations, victims have a right to restitution of sums lost (Cal.Const.) Art. 1, section 28(b).
Such restitution must be ordered in every case of victim loss from criminal activity (Penal Code section 1202.4(a) and (f)).
2. Theft
California Penal Code section 484 is California’s present theft statute and is a generic prohibition that integrates into
1 single consolidated crime the previously separate offenses of larceny, embezzlement, obtaining money by false pretenses and
kindred offenses involving the unpermitted taking of property of another with the intent of permanently depriving the victim of it.
The definition of theft is the felonious stealing, taking, carrying, leading, or driving away of the personal property of another, or
fraudulently appropriating property that has been entrusted by the other. This integration of the previously separate forms of
theft did not merge their somewhat disparate elements but proof of theft by either simple taking, false pretenses, trick or device, or
embezzlement independently constitutes a violation of section 484 and gives rise to its sanctions.
The distinction between petty theft and grand theft is important since petty theft is a misdemeanor and grand theft is a felony.
In petty theft the value of the property taken must not exceed $400. The taking by any means of property with a value over $400 constitutes grand theft.
Calculation of the amount taken or lost does not require proof that the defendant profited by that amount.
It is the market value of the property taken that is used to determine the amount. The elements for either grand theft or petty theft are
identical except for the value of the property.
The punishment for grand theft is set forth in California Penal Code section 789 which provides that when the grand theft involves the theft of
a firearm there is imprisonment in the state prison for 16 months,2, or 3 years and in all other cases imprisonment in a county jail not exceeding
1 year or in the state prison.
FEDERAL LAW
1. If the crime occurs across State lines or involved any type of federal or federally licensed institution,
it can be alleged that, additionally, federal criminal law would apply. Typical instances are bribes affecting international or
interstate commerce or such institutions as Banks who are members of the federal reserve banking system or federal savings and
loan institutions. The accused can be alleged to have committed an act constituting a violation of conflict of interest or
bribery affecting a personal financial interest pursuant to United States Code, Chapter 11, Section 208. The penalty for violation of
section 208 is up to five years in prison, and/or a fine of $50,000 or the amount that the person received, whichever is greater.
In terms of commercial bribery involving banks, the relevant statute is United States Code, Chapter 11- Bribery, Graft and Conflicts of
Interest Section 208, Acts Affecting a personal financial interest
Section 208 provides that, “whoever, being…a Federal Reserve bank director, officer, or employee…through decision, approval, disapproval,
investigation, or otherwise in a judicial or other proceeding application, request for a ruling or other determination, contract, claim,
controversy, charge, accusation, arrest or other particular matter in which, to his knowledge, he, his spouse, minor child, general partner or
employee, or any person or organization with whom he is negotiating or has any arrangement concerning prospective employment, has
a financial interest, shall be subject to the penalties set forth in Section 216 of this title.”
Penalty:
According to Section 216 of the United States Code, the penalty for a violation of Section 208 is up to 5 year in prison, and/or a fine of
$50,000 for each violation or the amount that the person received, whichever amount is greater.
2. United States Code, Title 18-Crimes and Criminal Procedure, Part I-Crimes, Chapter 47- Fraud and False Statements, Section 1005- Bank entries,
reports and transactions
Section 1005 provides that, “whoever with intent to defraud the United States or any agency thereof, or any financial institution referred to
in this section, participates or shares in or receives (directly or indirectly) any money, profit, property or benefits through any transaction,
loan, commission, contract, or any other act of any such financial institution, shall be fined not more than $1,000,000 or
imprisoned not more than 30 years, or both.” Note the very broad nature of the involvement which would be subsumed under this Statute :
“participates or shares in or receives directly or indirectly….(from) any act” would have the law applying to those even remotely connected
to the actual acts alleged.
CONCLUSION:
Most bribery situations, in our experience, begin with small “presents” that are on the borderline between acceptable tokens of courtesy.
Instead of merely paying for business lunches or dinners, or perhaps tickets to a ball game, a potential vendor or contract partner pays
for a weekend trip to a sporting event or golf tournament. A short time late, recipient is giving a short vacation trip or season tickets and
then “spending money” on the trip, etc, etc.
Some dishonest employees actively seek bribery and make broad hints that some “favors” are required.
Others find themselves sliding into acceptance of favors that, only a few months before, would have been shocking to them.
1 factor is constant, however: once a person begins to accept such favors that person is “locked” to that relationship and feels a mixture of
shame and guilt coupled with enjoyment of the fringe benefit of such bribes and the comfort that “others must be doing it.”
For employers, such bribery not only distorts the market and the profit margins, but is like a cancer within the business,
eating away at the ethical underpinnings of the company and making it impossible for the honest vendors (and employees) to prosper with the company.
For that reason, a seasoned business man known to this writer would commit substantial time and resources in educating his employees as to
their ethical requirements and would be brutal in reprisals when any wrongdoing was discovered. “I do it to protect myself,” he would comment.
“I need to know my own people are honest and will not let my reputation as a company be sullied by a few bad apples. My company is an honest one
and will stay that way.”
I well remember one of his managers who was caught taking a small bribe…a vacation trip…and who saw his promising career shattered and
begged for some “understanding” of his position. Our client, calmly but coldly, told him that in accepting the bribe he had forfeited
any right to be other than an example to all the other employees and had the district attorney called. The manager looked at the owner and
commented that it had not seemed “a big thing” when it began, merely a favor from a friend.
And the owner told him what I firmly believe: “Friends don’t bribe friends. Criminals do.”
When in the United States, bribery is a crime and enforcement of the prohibition against it is a common occurrence.
The business methods used in the United States may not be akin to those abroad but that simply means that those engaging in business
in the United States will have to adjust or face dire consequences in many instances.
Article Categories
Business Law
Business Law/Litigation
Employment Law and Issues
Problems in the Workplace
======================================
---https://moorechristoff.com/insight/bribery-in-virginia/ from google ( virginia commercial bribery law ) result 1 #bribe#
Bribery in Virginia
Home » Insights » Bribery in Virginia
by Moore Christoff & Siddiqui | February 27, 2024
Bribery in Virginia occurs when bribe-giver intend to influence bribe-taker’s conduct by giving , offering , or promising a thing of value
to bribe-taker , who accept or solicit that thing of value with agreement or understanding that he or she will act in a particular way
because of it. Virginia has multiple statutes that address bribery involving different bribe-givers and bribe-takers.
Most often , both bribe-givers and bribe-takers can be punished .
What are different kinds of bribery cases ?
Virginia criminalise Bribery of Officers and Candidates for Office :
Va. Code § 18.2-438
Section 18.2-438 focuses on bribe-giver , making it a Class 4 felony for any person to ( who ) offer or promise any gift or gratuity to
government officer or candidate for office , or sheriff or police-officer or candidate for such office , in order to influence that officer or
candidate’s act in an official capacity regarding any , vote , decision , opinion or judgment on any matter .
Va. Code § 18.2-439
Section 18.2-439 address bribe-taker , making it a Class 4 felony for government officer or candidate for office, or sheriff or
police-officer or candidate for such office, to accept any gift, gratuity, or promise of a gift, gratuity or beneficial act
with understanding or agreement that that officer, in an official capacity, will give a particular vote, opinion, or judgment,
nomination, appointment, or take or fail to take any particular action or perform any duty required by law .
A person convicted under this section will also be prohibited from holding public office in the future .
Bribery of Public Servants and Party Officials, Va. Code, Art. 3, § 18.2-447
Public servant in this context include any officer or employee of Commonwealth or any of its political subdivisions—including judge and
juror who are performing any governmental function.
Section 18.2-447 of Art. 3 makes it a crime for any person to ( who ) offer, confer, or agree to confer upon another
(a) anything that has economic gain as its primary significance (e.g., money, property) in order to influence recipient’s opinion,
decision, or vote, or other exercise of discretion as public servant or party official; or,
(b) any benefit in order to influence recipient’s opinion, decision, or vote, etc in judicial or administrative proceeding or
recipient’s violation of a known legal duty as a public servant or party official.
This same section also punish bribe-taker who accept , agree to accept , or solicit , a bribe in each of the above scenarios.
Both bribe-taker and bribe-giver convicted under this statute are guilty of a Class 4 felony .
Any public servant who is convicted until 18.2-447 may not subsequently hold any public office in this Commonwealth.
Notably , it is not a defense under this section for bribe-giver to show that in the end bribe-taker was not qualified to perform
that act which bribe-giver sought in return for that bribe . Va. Code. § 18.2-448.
Witness Immunity
Virginia Code § 18.2-445 in Article 2, and Virginia Code § 18.2-450 in Article 3 provide that when witness is forced to testify for
prosecution in a bribery trial , that witness have immunity from prosecution for any alleged bribery by that witness at that time and
place indicated in that prosecution. A witness who have such immunity and refuse to testify may be punished for contempt .
Other Bribery Statutes
This following statutes prohibit bribes involving persons who hold certain positions and are trusted to perform certain duties .
The list below is not intended to be exhaustive of all Virginia statutes that concern bribery.
Process Servers
Va. Code Ann. § 18.2-440 makes it a Class 2 misdemeanor to bribe authorised officers to prevent or delay service of process , or any official duty .
There is no similar statute that punish bribe-giver in this case.
Commissioners, Jurors, etc.
Va. Code Ann. § 18.2-441 makes it a Class 4 felony for :
(1) a person to bribe any commissioner appointed by a court, auditor, arbitrator, umpire or juror, and
(2) for any of those people to take a bribe.
Witnesses
Va. Code Ann. § 18.2-441.1 makes it a Class 6 felony to bribe witness so that he or she will not testify or testify falsely in any civil or
criminal proceeding. There is no similar statute that punish the bribe-taker in this case.
Sports Participants and Coaches, etc.
Va. Code Ann. § 18.2-442 makes it a Class 5 felony to bribe any professional or amateur participant or prospective participant in any sport or contest.
Va. Code Ann. § 18.2-443 makes it a Class 5 felony for any professional or amateur participant or prospective participant in any sport, or any manager,
coach or trainer to accept or solicit a bribe. Interestingly, referees, umpires, and other game officials are not named in this statute.
Commercial Bribery
Va. Code Ann. § 18.2-444 criminalizes commercial bribery—both bribe-makers and bribe-takers.
This section prohibits bribing an employee or agent, without the knowledge of the employer or principal, to act in a way prejudicial
to the business. It also prohibits agents from taking or soliciting a bribe with the understanding that the agent will act in
a particular way relative to the business, without the knowledge of the principal. Note that in this latter case, the act by
the bribe-take need not be prejudicial to the business.
This section also punishes bribes in the form of commissions, discounts and bonuses.
Any violation of this section is a Class 3 misdemeanor.
Financial Institutions
Va. Code Ann. § 18.2-444.2 makes it a Class 6 felony for anyone to give, or for someone associated with a financial institution to accept,
a bribe for with the intention of influencing a decision of the financial institution.
Va. Code Ann. § 18.2-445 makes it a Class 6 felony for anyone to give, or for someone associated with a financial institution to accept,
a bribe for with the intention of influencing a decision of the financial institution.
Telephone Numbers
Va. Code Ann. § 18.2-166 makes it a Class 3 misdemeanor for a telephone company employee—or employee of a company that handles phone lists ,
to disclose, without the consent of the company, the names, addresses, or telephone numbers of any two or more customers.
Notice the employee in this case need not be bribed to disclose in order to be guilty. But any person who bribes an employee
to get such information is also guilty. This statute also explicitly applies to anyone who attempts, or aids or conspires
with another to commit such an act.
Voting
Among many Virginia statutes concerning voting, several specifically address bribery in voting: § 24.2-1000, § 24.2-1005, and § 24.2-1007.
Under these statutes, any person who, through bribery (or by threats or other means in violation of election laws): (1) willfully hinders or
attempts to hinder election officers from holding an election is guilty of a Class 5 felony; or (2) attempts to influence another’s vote or
ballot is guilty of a Class 1 misdemeanor. Further, any person who solicits or accepts a bribe to influence his or another’s vote is also guilty of
a Class 1 misdemeanor
Consult with a Criminal Defense Bribery Attorney
A Virginia bribery conviction requires proof of several difference elements, including, the required mental state and a benefit or thing of
value offered or given. An attorney can help assess the evidence against you. Also, an attorney can evaluate whether you might be able
to request immunity if your testimony may help the prosecution in a trial against someone else involved in the bribe.
Contact the office today for a consultation with an experienced Virginia criminal defense attorney.
==========================
---https://kkc.com/frequently-asked-questions/foreign-corrupt-practices-act/ from google ( example fcpa violation ) result 1
The Ultimate Guide to the Foreign Corrupt Practices Act
Foreign Corrupt Practices Act (FCPA) is a U.S. law that prohibits payment of anything of value to foreign government officials
to obtain business advantage. fcpa also require publicly traded corporations to make and keep accurate books and records and
maintain appropriate internal accounting controls.
Updated
May 9, 2025
Foreign Corrupt Practices Act - Female Not Accepting Bribe
Grid Half
U.S. Foreign Corrupt Practices Act (FCPA) is an anti-corruption law that was enacted by congress in 1977. Under FCPA,
it is unlawful for a U.S. person or company to pay money, or offer anything of value, to any foreign official to gain a business advantage.
FCPA also amended the Securities Exchange Act of 1934 to require companies to keep and maintain accurate books and records and
to maintain adequate accounting controls.
This law is applicable to any of the following:
Officers
Directors
Employees
Stockholders
Agents (e.g., consultants)
Joint Venture Partners
and others
FCPA also include a critical accounting provision (15 U.S. Code § 78m) designed to deter bribery by U.S.-listed companies.
Covered corporations must
(a) make and keep books and records that accurately and fairly reflect the transactions of the corporation and
(b) devise and maintain an adequate system of internal accounting controls.
This provision aims to enhance transparency by requiring meticulous record-keeping, robust internal controls, and effective compliance procedures.
These safeguards help prevent the misuse of company resources for corrupt activities.
Corruption has severe damaging effects on democratic institutions, undermining public accountability and diverting public resources from
important priorities such as health, education, and infrastructure. However, whistleblowers can help.
SEC Whistleblower Program
Through SEC Whistleblower Program, whistleblowers with information about violations of FCPA may be eligible for an award,
when their tip results in sanctions exceeding $1 million. The award can be as much as between 10% and 30% of the sanctions collected.
Protection from retaliation and anonymity are also available.
Continue reading to learn more about the FCPA and blowing the whistle on foreign corruption.
Page Contents hide
1. FCPA Violation Examples
2. FCPA Enforcement
3. Notable FCPA Cases
4. SEC Whistleblower Program
5. CFTC Whistleblower Program
6. Seeking Legal Assistance
7. Our Firm’s Cases
8. Relevant FAQs
9. Latest News & Insights
FCPA Violation Examples
A violation of the FCPA generally takes the form of a bribe, either directly or indirectly, sent from a U.S.-listed business
to a foreign official to influence an award of business, a continuation of business, or else to gain an unfair advantage.
Below are a few examples of bribery which violate U.S. FCPA :
Using bribes to gain business : Paying a foreign official to win business in foreign official’s country – creating an unfair advantage.
Using bribes to gain approval of a project : gifting money or other items of value to a foreign official in exchange for government approval
on a business venture.
Using bribes to induce doctor’s endorsement : Using financial incentives to get a government-affiliated doctor to endorse or use a certain product .
Using bribes to gain business from political figures : Bribing foreign government officials or political parties as a means of gaining or
retaining business through political influence.
The FCPA of the United States has significant penalties for violations.
Below is an overview of such fines :
Violation of Anti-Bribery Provisions : Companies may be required to pay criminal fines up to $2 million per violation, and civil penalties up
to $16,000 per violation. For individuals, criminal fines are up to $250,000 or imprisonment up to 5 years OR both, per violation.
They may also be required to pay civil penalties up to $16,000 per violation.
Violation of Accounting or Recordkeeping Provisions : Companies may be required to pay fines upwards of $25 million, with criminal fines up
to $5 million and 20 years in prison for individuals.
Companies may also be required to pay additional sanctions up to the amount of the benefit they obtained from paying bribes,
which can be in the billions of dollars. These fines and penalties can vary, depending on the company size, financial condition,
and level of cooperation with DOJ or SEC.
FCPA Enforcement
FCPA is enforced by both Department of Justice (DOJ) and Securities Exchange Commission (SEC). However, it’s up to whistleblowers
to expose foreign corrupt practices, which can lead to investor harm and an erosion of trust in markets if not brought to light.
Notable FCPA Cases
1MDB Scandal (2020)
1Malaysia Development Berhad (1MDB) scandal involved the theft of billions of dollars from a Malaysian state-owned investment fund.
Goldman Sachs played a significant role in this scandal by underwriting $6.5 billion in bond offerings for 1MDB.
Investigations uncovered that a substantial portion of these funds was illegally diverted to personal accounts of high-ranking Malaysian officials,
including then-Prime Minister. Goldman Sachs faced serious accusations of misleading investors and knowingly facilitating
the movement of these stolen funds.
In 2020, Goldman Sachs agreed to pay a $2.9 billion penalty to DOJ to resolve criminal charges related to its involvement in 1MDB scandal.
Additionally, the bank paid $606.3 million to return ill-gotten gains and an additional $400 million as a civil penalty in a separate case brought by SEC.
Ericsson (2019)
In 2019, Ericsson, a Swedish telecommunications giant, agreed to pay a $1.06 billion penalty to resolve charges brought by DOJ and SEC.
This settlement followed an investigation into widespread bribery schemes across multiple countries, including Djibouti, Vietnam, Kuwait.
Ericsson admitted to paying millions of dollars in bribes to government officials to secure lucrative contracts, demonstrating a pattern of
corrupt practices within the company.
Siemens (2008)
In 2008, Siemens, a German multinational conglomerate, agreed to pay an $800 million fine to DOJ to settle FCPA charges.
This landmark settlement stemmed from a massive bribery scandal involving payments to officials in numerous countries.
The investigation revealed that Siemens utilised slush funds and other illicit methods to secure contracts worldwide, highlighting
a systemic failure of internal controls and a disregard for ethical business practices.
Alstom (2014)
In 2014, Alstom, a French energy company, agreed to pay a $772 million penalty to DOJ to resolve FCPA charges. The company was implicated in
a long-running bribery scheme that spanned multiple countries, including Indonesia and Saudi Arabia. Alstom paid millions of dollars in bribes
to secure contracts for power plants and other infrastructure projects, demonstrating a pattern of corruption that permeated various levels of the company.
MTS (2019)
In 2019, MTS, a Russian telecommunications company, agreed to pay an $850 million penalty to DOJ to resolve FCPA charges.
The investigation revealed that MTS engaged in a bribery scheme to obtain licenses and other advantages in Uzbekistan.
The company made illicit payments to government officials through intermediaries, highlighting a deliberate effort to circumvent regulations
and gain an unfair competitive advantage.
See full list of SEC Enforcement Actions that involve FCPA cases.
SEC Whistleblower Program
SEC relies on whistleblowers to detect fraud and misconduct, and may award those whistleblowers generously when they come forward with information.
In exchange for their information (which they can submit anonymously), they can also receive protection against retaliation. This ensures whistleblowers
can safely report concerns, bring corrupt actors to justice, and receive compensation for doing what’s right.
Key Features of SEC Whistleblower Program :
Monetary Awards: Eligible whistleblowers can receive substantial awards of up to between 10% and 30% of the monetary sanctions collected by
SEC in successful enforcement actions, when the sanction amount exceeds $1 million.
Related Action Awards: If monetary sanctions exceed $1 million, whistleblowers may also be eligible to receive an award if the same information
led to a related action brought by certain other authorities, such as a parallel criminal prosecution by DOJ.
Anti-Retaliation Protections: The program provides robust anti-retaliation protections for whistleblowers. These protections aim to prevent
employers from taking adverse actions against employees who report suspected securities law violations.
Anonymity: Whistleblowers can blow the whistleblower anonymously. However, to be eligible for an award, whistleblowers must have an attorney
present in connection with their submission to the SEC.
Non-U.S. Citizens Eligible: The FCPA is designed to incentivize individuals with knowledge of FCPA violations to come forward. This includes
foreign nationals.
Key Eligibility Requirements:
Sanctions of $1 Million: to become eligible for an award, the information provided must lead to an enforcement action in which $1 million sanctions
is ordered.
Original Information: The information you provide must be “original,” meaning it must be derived from your independent knowledge or analysis.
Voluntary Provision of Information: You must voluntarily provide the SEC with information about the potential securities law violation.
The reward amount is based on the sanction amount which in turn is assessed based on a variety of factors, which can vary from case to case.
Payments are made from an investor protection fund established by Congress that is financed entirely through monetary sanctions paid to
SEC by securities law violators. No money has been taken or withheld from harmed investors to pay whistleblower awards.
Program Success
SEC Whistleblower Program is so effective that in 2023, SEC Whistleblower Program issued nearly $600 million in awards, the most ever in
a single fiscal year. According to SEC’s annual report published on November 15, 2024, SEC has awarded more than $2.2 billion to
444 individual whistleblowers since the Program’s inception in 2011. Since 2011, over 2,000 non-U.S. citizens from over 100 countries
have filed confidential whistleblower reports to SEC.
CFTC Whistleblower Program
Commodity Futures Trading Commission (CFTC) issued an advisory that it may bring enforcement actions in cases involving foreign corrupt practices
under Commodity Exchange Act (CEA), when it involves market manipulation, commodities fraud, or other violations.
Types of corruption and fraud, often connected with, or inclusive of FCPA violations, over which the CFTC has jurisdiction include :
Manipulating the prices in the U.S. commodities or futures markets, including engaging in spoofing;
Falsifying or paying bribes to falsify commodities’ quality or source;
Failing to keep required records or failing to report suspicious activities.
The CFTC’s focus on foreign corruption is narrower than the FCPA, primarily concerning its impact on the commodities markets,
but their approach mirrors the DOJ’s FCPA guidance regarding self-reporting, cooperation, and remediation.
Essentially, CFTC’s objective is to prevent and prosecute market abuse in the derivatives and commodities markets, with foreign corruption being
one area of concern within that scope.
Since issuing its first award in 2014, the CFTC has awarded approximately $120 million to whistleblowers. CFTC actions associated with those awards
have resulted in monetary relief totaling nearly $950 million.
Seeking Legal Assistance
5 Steps to FCPA Whistleblowing
If you know of a violation of FCPA, look no farther than Kohn, Kohn & Colapinto. Our firm has over 35 years of experience representing
high-profile whistleblowers.
Our Cases
Our cases include representing Bradley Birkenfeld, an international banker and wealth manager at UBS Bank in Switzerland,
who blew the whistle on a massive tax evasion scheme under the IRS whistleblower program, which forced UBS to pay a fine of $780 million and
turn over the names of over 4,450 U.S. taxpayers. Birkenfeld was awarded $104 million for his information.
Our team also represents Howard Wilkinson, a former employee of Danske Bank manager who confidentially raised concerns over a $234 billion
money laundering scheme that moved rubles out of Russian, converted them to dollars in Estonia, then moved them to New York with help from
Bank of America, J.P. Morgan, and Deutsche Bank.
Our Expertise
Our Securities and Commodities Group is led by former SEC Commissioner Allison Herren Lee, who has intimate knowledge of FCPA; and
former Senior Counsel in the SEC’s Division of Enforcement, Andrew Feller. The group also includes world-renowned attorney and founding partner,
Stephen M. Kohn, who was led attorney on the two cases mentioned above.
Get In Touch
If you’d like to report FCPA violations, get in touch with our firm today for a confidential consultation. We offer free case evaluations and
work on a contingency fee basis, ensuring you pay nothing unless we secure a successful outcome for your case.
========================
---https://www.justice.gov/archives/opa/pr/sap-pay-over-220m-resolve-foreign-bribery-investigations from google ( example fcpa violation ) result 9
SAP to Pay Over $220M to Resolve Foreign Bribery Investigations
Wednesday, January 10, 2024
For Immediate Release
Office of Public Affairs
SAP SE (SAP), a publicly traded global software company based in Germany, will pay over $220 million to resolve investigations by
U.S. Justice Department and the Securities and Exchange Commission (SEC) into violations of the Foreign Corrupt Practices Act (FCPA).
SAP’s resolution with the department stems from schemes to pay bribes to government officials in South Africa and Indonesia.
The department’s resolution is coordinated with prosecutorial authorities in South Africa, as well as with the SEC.
According to court documents, SAP entered into 3-year deferred prosecution agreement (DPA) with the department in connection with
a criminal information filed in Eastern District of Virginia charging sap-company with 2 counts : conspiracy to violate
anti-bribery and books and records provisions of FCPA relating to its scheme to pay bribes to South African officials, and
conspiracy to violate anti-bribery provision of FCPA for its scheme to pay bribes to Indonesian officials.
“SAP paid bribes to officials at state-owned enterprises in South Africa and Indonesia to obtain valuable government business,”
said Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division. “Today’s resolution—our second
coordinated resolution with South African authorities in just over a year—marks an important moment in our ongoing fight against foreign bribery
and corruption. We look forward to continuing to strengthen our relationship with South African authorities and others around the world.
This case demonstrates not only the critical importance of coordinated international efforts to combat corruption, but also how our corporate
enforcement policies incentivize companies to be good corporate citizens, by cooperating with our investigations and appropriately remediating,
so that we can take strong action to address misconduct.”
“SAP has accepted responsibility for corrupt practices that hurt honest businesses engaging in global commerce,” said U.S. Attorney
Jessica D. Aber for the Eastern District of Virginia. “We will continue to vigorously prosecute bribery cases to protect domestic companies
that follow the law while participating in the international marketplace.”
According to court documents, SAP and its co-conspirators made bribe payments and provided other things of value intended for the benefit of
South African and Indonesian foreign officials, delivering money in the form of cash payments, political contributions, and wire and
other electronic transfers, along with luxury goods purchased during shopping trips. Specifically, with respect to South Africa,
between approximately 2013 and 2017, SAP, through certain of its agents, engaged in a scheme to bribe South African officials and
to falsify SAP’s books, records, and accounts, all with the goal of obtaining improper advantages for SAP in connection with various
contracts with South African departments, agencies, and instrumentalities, including the City of Johannesburg, the City of Tshwane,
the Department of Water and Sanitation (a South African state-owned and state-controlled custodian of water services), and
Eskom Holdings Limited (a South African state-owned and state-controlled energy company).
“This successful resolution against SAP is another example of the power of relationships and persistence,” said Assistant Director in Charge
Donald Always of the FBI’s Los Angeles Field Office. “The sustained diligence by the prosecution team and continuous collaboration with
South African law enforcement, regulators, and prosecutors identified corrupt activity in multiple countries. The FBI will continue our
nonstop efforts to identify, investigate, and prosecute companies willfully engaging in corrupt activities around the world.”
In addition, between approximately 2015 and 2018, SAP, through certain of its agents, engaged in a scheme to bribe Indonesian officials
to obtain improper business advantages for SAP in connection with various contracts between and among SAP and Indonesian departments,
agencies, and instrumentalities, including the Kementerian Kelautan dan Perikanan (the Indonesian Ministry of Maritime Affairs and Fisheries) and
Balai Penyedia dan Pengelola Pembiayaan Telekomunikasi dan Informatika (an Indonesian state-owned and state-controlled Telecommunications and
Information Accessibility Agency).
“When the mails are used in furtherance of a fraud or corruption scheme, borders are not an obstacle for U.S. Postal Inspectors,”
said Postal Inspector in Charge of Criminal Investigations Eric Shen. “Postal inspectors, with our FBI law enforcement partners and
Justice Department prosecutors, followed the wide-spread trail of bribes and corruption from South Africa to Indonesia. This joint effort
resulted in the defendant company paying a significant criminal penalty and agreeing to long-term remedial measures.”
Pursuant to DPA, SAP will pay a criminal penalty of $118.8 million and administrative forfeiture of $103,396,765. SAP will also continue
cooperating with the department in any ongoing or future criminal investigation arising during the term of the DPA. In addition, the department
will credit up to $55.1 million of the criminal penalty against amounts that SAP pays to resolve an investigation by law enforcement authorities
in South Africa for related conduct. The department will credit up to the full forfeiture amount against disgorgement that SAP pays to the SEC or
South African authorities.
Under Part I of the Criminal Division’s March 2023 Compensation Incentives and Clawbacks Pilot Program, SAP’s compliance obligations include
a commitment to implementing criteria relating to compliance in the company’s compensation and bonus system, subject to local labor laws.
Under Part II of the Pilot Program, the department reduced the criminal penalty by $109,141 for compensation that SAP withheld from
qualifying employees, which action the company defended in substantial litigation.
The department reached this resolution with SAP based on a number of factors, including, among others, the nature and seriousness of the offense.
SAP received credit for its cooperation with the department’s investigation, which included (i) immediately beginning to cooperate after
South African investigative reports made public allegations of the South Africa-related misconduct in 2017 and providing regular, prompt,
and detailed updates to the department regarding factual information obtained through its own internal investigation, which allowed
the government to preserve and obtain evidence as part of its independent investigation; (ii) expeditiously producing relevant documents
and other information to the department from multiple foreign countries, while navigating foreign data privacy and related laws;
(iii) at the request of the department, voluntarily making company officers and employees available for interviews;
(iv) taking significant affirmative steps to facilitate interviews while addressing witness security concerns;
(v) raising and resolving potential deconfliction issues between SAP’s internal investigation and the investigation being conducted by
the department; (vi) promptly collecting, analyzing, and organizing voluminous information, including complex financial information,
at the request of the department; (vii) translating voluminous foreign language documents to facilitate and expedite review by the department;
and (viii) imaging the phones of relevant custodians at the beginning of SAP’s internal investigation, thus preserving relevant and
highly probative business communications sent on mobile messaging applications.
SAP also engaged in timely remedial measures, including: (i) conducting an analysis of the root causes of the underlying conduct and gap analysis,
and undertaking appropriate remediation to address those root causes and enhance its compliance program;
(ii) undertaking a comprehensive risk assessment focusing on high risk areas and controls around payment processes and
enhancing its regular compliance risk assessment process, including by incorporating comprehensive operational and compliance data into
its risk assessments; (iii) eliminating its third-party sales commission model globally, and prohibiting all sales commissions for public sector
contracts in high-risk markets; (iv) significantly increasing the budget, resources, and expertise devoted to compliance and restructuring
its Offices of Ethics and Compliance to ensure adequate stature, independence, autonomy, and access to executive leadership;
(v) enhancing its code of conduct and policies and procedures regarding gifts, hospitality, and the use of third parties;
(vi) enhancing its reporting, investigations, and consequence management processes; (vii) adjusting compensation incentives
to align with compliance objectives and reduce corruption risk; (viii) enhancing and expanding compliance monitoring and audit programs,
planning, and resources, including developing a well-resourced team devoted to audits of third-party partners and suppliers;
(ix) expanding its data analytics capabilities to cover over 150 countries, including all high-risk countries globally; and
(x) promptly disciplining any and all employees involved in the misconduct.
In light of these considerations as well as SAP’s prior history, which include a non-prosecution agreement from 2021 with
the department’s National Security Division, as well as administrative agreements with the Departments of Commerce and
the Treasury relating to export law violations, and a resolution in 2016 with the SEC concerning alleged FCPA violations in Panama,
the criminal penalty calculated under the U.S. Sentencing Guidelines reflects a 40% reduction off the tenth percentile above the low end
of the otherwise applicable guidelines fine range.
The FBI’s International Corruption Unit and the U.S. Postal Inspection Service are investigating the case.
Trial Attorneys William E. Schurmann, Anthony Scarpelli, and Gwendolyn A. Stamper and Assistant Chief Jonathan P. Robell of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Heidi B. Gesch for the Eastern District of Virginia are prosecuting the case.
The Justice Department’s Office of International Affairs and authorities in South Africa provided assistance in this matter.
The Criminal Division’s Fraud Section is responsible for investigating and prosecuting FCPA matters. Additional information about
the Justice Department’s FCPA enforcement efforts can be found at www.justice.gov/criminal/fraud/fcpa.
Information
DPA
Updated February 6, 2025
====================================================================
---https://www.justice.gov/archives/jm/criminal-resource-manual-2041-bribery-public-officials
from google ( bribe usa president violate law ) result 7
Criminal Resource Manual
CRM 2000 - 2500
2041. Bribery Of Public Officials
Section 201 of Title 18 is entitled "Bribery of public officials and witnesses." The statute comprises two distinct offenses, however,
and in common parlance only the first of these is true "bribery."
The first offense, codified in section 201(b), prohibits the giving or accepting of anything of value to or by a public official,
if the thing is given "with intent to influence" an official act, or if it is received by the official "in return for being influenced."
The second offense, codified in section 201(c), concerns what are commonly known as "gratuities," although that word does not appear anywhere
in the statute. Section 201(c) prohibits that same public official from accepting the same thing of value, if he does so "for or because of"
any official act, and prohibits anyone from giving any such thing to him for such a reason.
The specific subsections of the statute are :
Bribery
a. § 201(b)(1): offering a bribe to a public official
b. § 201(b)(2): acceptance of a bribe by a public official
Gratuities
a. § 201(c)(1)(A): offering a gratuity to a public official
b. § 201(c)(1)(B): acceptance of a gratuity by a public official.
That 2 offenses differ in several respects. The most important of these differences concerns how close a connection there is between
the giving (or receiving) of the thing of value, on the one hand, and the doing of the official act, on the other. If the connection
is causally direct .
if money was given essentially to purchase or ensure an official act , as a "quid pro quo" then that crime is bribery .
If connection is looser like if money was given after the fact , as "thanks" for an act but not in exchange for it , or if it was given
with nonspecific intent to "curry favor" with public official to whom it was given then it is a gratuity .
The distinction is sometimes hard to see, but the statute makes it critical :
a § 201(b) "bribe" conviction is punishable by up to 15 year in prison , while a § 201(c) "gratuity" conviction permits only
maximum 2-year sentence . In addition, with "bribe" the payment may go to anyone or to anything and may include campaign contributions ,
while with "gratuity" the payment must inure-to/given-to personal benefit of public official and cannot include campaign contributions .
[cited in JM 9-85.101]
========================
---https://www.law.cornell.edu/uscode/text/18/201 from google ( bribe usa president violate law ) result 10
18 U.S. Code § 201 - Bribery of public officials and witnesses
U.S. Code
Notes
Authorities (CFR)
prev | next
(a) For the purpose of this section—
(1) the term “public official” means Member of Congress, Delegate, or Resident Commissioner, either before or after such official has qualified, or an officer or employee or person acting for or on behalf of the United States, or any department, agency or branch of Government thereof, including the District of Columbia, in any official function, under or by authority of any such department, agency, or branch of Government, or a juror;
(2) the term “person who has been selected to be a public official” means any person who has been nominated or appointed to be a public official, or has been officially informed that such person will be so nominated or appointed; and
(3) the term “official act” means any decision or action on any question, matter, cause, suit, proceeding or controversy, which may at any time be pending, or which may by law be brought before any public official, in such official’s official capacity, or in such official’s place of trust or profit.
(b) Whoever—
(1) directly or indirectly, corruptly gives, offers or promises anything of value to any public official or person who has been selected to be a public official, or offers or promises any public official or any person who has been selected to be a public official to give anything of value to any other person or entity, with intent—
(A) to influence any official act; or
(B) to influence such public official or person who has been selected to be a public official to commit or aid in committing, or collude in, or allow, any fraud, or make opportunity for the commission of any fraud, on the United States; or
(C) to induce such public official or such person who has been selected to be a public official to do or omit to do any act in violation of the lawful duty of such official or person;
(2) being a public official or person selected to be a public official, directly or indirectly, corruptly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally or for any other person or entity, in return for:
(A) being influenced in the performance of any official act;
(B) being influenced to commit or aid in committing, or to collude in, or allow, any fraud, or make opportunity for the commission of any fraud, on the United States; or
(C) being induced to do or omit to do any act in violation of the official duty of such official or person;
(3) directly or indirectly, corruptly gives, offers, or promises anything of value to any person, or offers or promises such person to give anything of value to any other person or entity, with intent to influence the testimony under oath or affirmation of such first-mentioned person as a witness upon a trial, hearing, or other proceeding, before any court, any committee of either House or both Houses of Congress, or any agency, commission, or officer authorized by the laws of the United States to hear evidence or take testimony, or with intent to influence such person to absent himself therefrom;
(4) directly or indirectly, corruptly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally or for any other person or entity in return for being influenced in testimony under oath or affirmation as a witness upon any such trial, hearing, or other proceeding, or in return for absenting himself therefrom;
shall be fined under this title or not more than three times the monetary equivalent of the thing of value, whichever is greater, or imprisoned for not more than fifteen years, or both, and may be disqualified from holding any office of honor, trust, or profit under the United States.
(c) Whoever—
(1) otherwise than as provided by law for the proper discharge of official duty—
(A) directly or indirectly gives, offers, or promises anything of value to any public official, former public official, or person selected to be a public official, for or because of any official act performed or to be performed by such public official, former public official, or person selected to be a public official; or
(B) being a public official, former public official, or person selected to be a public official, otherwise than as provided by law for the proper discharge of official duty, directly or indirectly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally for or because of any official act performed or to be performed by such official or person;
(2) directly or indirectly, gives, offers, or promises anything of value to any person, for or because of the testimony under oath or affirmation given or to be given by such person as a witness upon a trial, hearing, or other proceeding, before any court, any committee of either House or both Houses of Congress, or any agency, commission, or officer authorized by the laws of the United States to hear evidence or take testimony, or for or because of such person’s absence therefrom;
(3) directly or indirectly, demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally for or because of the testimony under oath or affirmation given or to be given by such person as a witness upon any such trial, hearing, or other proceeding, or for or because of such person’s absence therefrom;
shall be fined under this title or imprisoned for not more than two years, or both.
(d) Paragraphs (3) and (4) of subsection (b) and paragraphs (2) and (3) of subsection (c) shall not be construed to prohibit the payment or receipt of witness fees provided by law, or the payment, by the party upon whose behalf a witness is called and receipt by a witness, of the reasonable cost of travel and subsistence incurred and the reasonable value of time lost in attendance at any such trial, hearing, or proceeding, or in the case of expert witnesses, a reasonable fee for time spent in the preparation of such opinion, and in appearing and testifying.
(e) The offenses and penalties prescribed in this section are separate from and in addition to those prescribed in sections 1503, 1504, and 1505 of this title.
(Added Pub. L. 87–849, § 1(a), Oct. 23, 1962, 76 Stat. 1119; amended Pub. L. 91–405, title II, § 204(d)(1), Sept. 22, 1970, 84 Stat. 853; Pub. L. 99–646, § 46(a)–(l), Nov. 10, 1986, 100 Stat. 3601–3604; Pub. L. 103–322, title XXXIII, §§ 330011(b), 330016(2)(D), Sept. 13, 1994, 108 Stat. 2144, 2148; Pub. L. 118–31, div. E, title LI, § 5101, Dec. 22, 2023, 137 Stat. 931; Pub. L. 118–78, § 2(a), July 30, 2024, 138 Stat. 1512.)
===========================================================================
---www.lsd.law/define/inure from google ( inure meaning ) result 1 -> ppl also ask -> What does inure mean in legal terms?
inure
Read a random definition: universal life insurance
A quick definition of inure :
Term: Inure
Definition: Inure is a legal term that means to have a particular effect or result. It can be used to indicate who benefits from the effect,
but it doesn't always mean a benefit. In property law, inure means to vest, which grants a fixed, immediate right of current or future enjoyment.
When something has fully vested, an individual is legally entitled to what was promised. A vested remainder is a future interest held by an individual
that will pass on to another individual after a certain event occurs. A vested legacy is an inheritance that specifies a fixed, irrevocable right
to its payment.
A more thorough explanation :
Definition: Inure is a legal term that can have both positive and negative meanings. It refers to the effect or result of a particular action,
and who benefits or suffers from that action. For example, if a will specifies that all personal property is to inure to the benefit of
a specific person, that person is entitled to receive all of the testator's personal property upon their death.
In property law, inure means to vest, which means granting a fixed, immediate right of current or future enjoyment.
This means that an individual has an absolute right to a current or future interest in something of value.
When the right has fully vested, the individual is then legally entitled to what was promised.
Examples :
A release to the tenant for life which is inuring to the tenant in reversion. This means that the individual has essentially the same effect as
a tenant for life.
A will specifies that all personal property is to inure to the benefit of a specific individual, that mentioned person is granted the right to be
given all the personal property that was owned by the testator upon the testator’s death.
A vested remainder is a future interest held by an individual, which, after the occurrence of a certain event, will then pass on to the individual.
For example, when property is given to an individual for life and, and will go to a second individual following the individual’s death,
this second individual has a vested remainder in the property.
A vested legacy is an inheritance specifying that there is a fixed, irrevocable right to its payment. For instance, a vested legacy in
a will may state that the inheritance cannot be paid until the recipient attains the age of twenty-one. That is a vested legacy since
it is unconditional and absolute and vests an immediate interest in the individual.
These examples illustrate how inure can refer to the granting of a right or interest to an individual, either immediately or in the future.
In some cases, this can be a benefit, such as when a will specifies that all personal property is to inure to the benefit of a specific individual.
In other cases, it can be a detriment, such as when a release to the tenant for life inures to the tenant in reversion, which means that
the individual has essentially the same effect as a tenant for life.
=========================================================================================
29 aug 2025 1:15 pm est :
---https://lobbyingdisclosure.house.gov/amended_lda_guide.html from google ( lobbying law rule ) result 5
Lobbying Disclosure Act Guidance
Effective January 1, 2008
Last Revised February 28, 20211
Lobbying Disclosure Act - http://lda.congress.gov/LDA
Section 1 – Introduction
Lobbying Disclosure Act , as amended, (2 U.S.C. § 1601 et. seq., referred to hereinafter as “LDA”) states that Secretary of Senate and
Clerk of House of Representatives shall
(1) provide guidance and assistance on registrations and reporting requirements of this Act and develop common standards, rules, and
procedures for compliance with this Act; [and]
(2) review, and, where necessary, verify and inquire to ensure the accuracy, completeness, and timeliness of registrations and reports.
LDA does not provide Secretary or Clerk with authority to write substantive regulations or issue definitive opinions on, or enforce the law.
Rather, it is the U.S. Attorney’s Office for the District of Columbia that enforces the LDA. The Secretary and Clerk have, from time to time,
jointly issued written guidance on the registration and reporting requirements. This document is a compilation of all previously issued guidance
documents and supersedes all previous guidance documents.
This combined guidance document does not have the force of law, nor does it have any binding effect on the United States Attorney for
the District of Columbia or any other part of the Executive Branch. To the extent that the guidance relates to the accuracy, completeness,
and timeliness of registrations and reports, it will serve to inform the public as to how the Secretary and Clerk intend to carry out
their responsibilities under the LDA.
Section 2 – What’s New
This revision include updated registration thresholds reflecting changes in Consumer Price Index, adds a section on Justice Against Corruption
on K Street Act of 2018 (the “JACK Act”), as well as new sections regarding listing lobbyists and listing affiliates.
Clarification is also provided regarding the definition and disclosure of covered officials.
Updated Registration Threshold
As required by LDA, the lobbying disclosure thresholds referenced throughout the Guidance have been updated to reflect changes in
Consumer Price Index (as determined by Secretary of Labor) during preceding 4-year period.
After January 1, 2021, an organization employing in-house lobbyists is exempt from registration if its total expenses for lobbying activities
do not exceed and are not expected to exceed $14,000 during a quarterly period.
$3,000 income threshold for lobbying firms remains unchanged. See Guidance Section 4 on “Who Must Register and When” for additional information.
The “JACK Act”
Section 4 and Section 6 are revised to include The Justice Against Corruption on K Street Act of 2018 (the JACK Act), which amended
LDA effective January 3, 2019. The Act requires all registrations (LD-1) and quarterly activity reports (LD-2) to include:
“for any listed lobbyist who was convicted in a Federal or State court of an offense involving bribery, extortion, embezzlement,
an illegal kickback, tax evasion, fraud, a conflict of interest, making a false statement, perjury, or money laundering,
the date of the conviction and a description of the offense.”
To comply with this requirement and ensure the accuracy and completeness of the disclosure, all registrants must list the required
information for every listed lobbyist with any prior conviction of an offense involving one of the JACK Act’s listed predicates
(a “predicate offense”). Once a JACK Act disclosure is required for a listed lobbyist, that disclosure will be required on every future
registration or quarterly report that includes that lobbyist.
Identification of Client and Covered Officials
Clarification is provided in Section 4 on the requirement of executive branch and legislative branch offices to disclose whether
contacted individuals are covered officials under the LDA.
Definition of Covered Officials
The guidance regarding identification of covered officials has been expanded to assist the filing community.
Listing Lobbyists
A new subject is added to Section 4 outlining additional details for listing lobbyists on registrations (LD-1) and quarterly activity reports (LD-2),
and clarifying that outside contract lobbyists are not to be listed on the registrations (LD-1) or quarterly activity reports (LD-2).
Listing Affiliates
A new subject is added to Section 4 providing additional guidance on listing affiliates and the circumstances in which a registrant may rely on
a link to the client’s publicly accessible Internet website to disclose one or more affiliates, as defined by the LDA.
Filers are expected to use due diligence when filling out and submitting registrations (LD-1), quarterly activity reports (LD-2), and
semiannual contribution reports (LD-203).
Section 3 – Definitions
Actively Participates:
An organization “actively participates” in the planning, supervision, or control of lobbying activities of a client or registrant when that organization (or an employee of the organization in his or her capacity as an employee) engages directly in planning, supervising, or controlling at least some of the lobbying activities of the client or registrant. Examples of activities constituting active participation would include participating in decisions about selecting or retaining lobbyists, formulating priorities among legislative issues, designing lobbying strategies, performing a leadership role in forming an ad hoc coalition, and other similarly substantive planning or managerial roles, such as serving on a committee with responsibility over lobbying decisions.
Organizations that, though members of or affiliated with a client, have only a passive role in the lobbying activities of the client (or of the registrant on behalf of the client), are not considered active participants in the planning, supervision, or control of such lobbying activities. Examples of activities constituting only a passive role would include merely donating or paying dues to the client or registrant, receiving information or reports on legislative matters, occasionally responding to requests for technical expertise or other information in support of the lobbying activities, attending a general meeting of the association or coalition client, or expressing a position with regard to legislative goals in a manner open to, and on a par with, that of all members of a coalition or association—such as through an annual meeting, a questionnaire, or similar vehicle. Mere occasional participation, such as offering an ad hoc informal comment regarding lobbying strategy to the client or registrant, in the absence of any formal or regular supervision or direction of lobbying activities, does not constitute active participation if neither the organization nor its employee has the authority to direct the client or the registrant on lobbying matters and the participation does not otherwise exceed a de minimis role.
Affiliated Organization:
An affiliated organization is any entity other than the client that contributes in excess of $5,000 toward the registrant’s lobbying activities in a quarterly period, and actively participates in the planning, supervision, or control of such lobbying activities.
Client:
Any person or entity that employs or retains another person for financial or other compensation to conduct lobbying activities on behalf of that person or entity. An organization employing its own in-house lobbyist(s) is considered its own client for reporting purposes.
Contribution Reports:
Semiannual contribution reports (LD-203 reports) are required to be filed semiannually by July 30th and January 30th (or the next business day should either of those days fall on a weekend or holiday) covering the first and second calendar halves of the year. Registrants and active lobbyists (except those who have been terminated for all clients prior to the beginning of the reporting period) must file separate reports that detail Federal Election Campaign Act (FECA) contributions, honorary contributions, presidential library contributions, and payments for event costs. (See discussion in Guidance Section 7.)
Covered Executive Branch Official:
The application of coverage of 2 U.S.C. § 1602(3) (who is a covered Executive Branch official) was intended for Schedule C employees only. Senior Executive Service employees are not covered Executive Branch officials as defined in the LDA unless they fall within one of the categories below. Covered Executive Branch officials are:
The President
The Vice President
Officers and employees of the Executive Office of the President
Any official serving in an Executive Level I through V position
Any member of the uniformed services serving at grade O-7 or above
Schedule C employees.
Covered Legislative Branch Official:
Covered Legislative Branch officials are:
A Member of Congress
An elected Officer of either the House or the Senate
An employee, or any other individual functioning in the capacity of an employee, who works for a Member, committee, leadership staff of either the Senate or House, a joint committee of Congress, a working group or caucus organized to provide services to Members, and any other Legislative Branch employee serving in a position described under Section 109(13) of the Ethics in Government Act of 1978 (5 U.S.C. Appendix § 109(13)).
In whole or major part:
The term “in major part” means in substantial part. It is not necessary that an organization or foreign entity exercise majority control or supervision in order to fall within 2 U.S.C. § 1603 (b)(3)(B) and (b)(4)(B). In general, 20 percent control or supervision should be considered “substantial” for purposes of these sections.
Lobbying Activities:
Lobbying contacts and any efforts in support of such contacts, including preparation or planning activities, research, and other background work that is intended, at the time of its preparation, for use in contacts, and coordination with the lobbying activities of others.
Lobbying Contact:
Any oral, written, or electronic communication to a covered official that is made on behalf of a client with regard to the enumerated subjects at 2 U.S.C. § 1602(8)(A). Note the exceptions to the definition at 2 U.S.C. § 1602(8)(B). See Discussion at Guidance Section 4.
Lobbying Firm:
A lobbying firm is a person or entity consisting of one or more individuals who meet the definition of a lobbyist with respect to a client other than that person or entity. The definition includes a self-employed lobbyist (a sole proprietor) who is both a registrant and their own listed lobbyist.
Lobbying Registration:
An initial registration (LD-1) filed pursuant to 2 U.S.C. § 1603.
Lobbying Report:
A quarterly report (LD-2) filed pursuant to 2 U.S.C. § 1604.
Lobbyist:
Any individual (1) who is either employed or retained by a client for financial or other compensation (2) whose services include more than one lobbying contact; and (3) whose lobbying activities constitute 20 percent or more of his or her time in services for that client over any three-month period.
Person or Entity:
Any individual, corporation, company, foundation, association, labor organization, firm, partnership, society, joint stock company, group of organizations, or state or local government.
Public Official:
A public official includes an elected or appointed official, or an employee of a Federal, State, or local unit of government in the United States. There are five exceptions to this definition, including a college or university, a government-sponsored enterprise, a public utility, a guaranty agency, or an agency of any state functioning as a student loan secondary market. The definition of a public official in 2 U.S.C § 1602(15)(F) includes a group of governments acting together as an international organization. This definition's purpose is to ensure international organizations, such as the World Bank, are treated in the same manner as the governments that comprise them.
Registrant:
A lobbying firm or an organization employing in-house lobbyists that files a registration pursuant to 2 U.S.C. § 1603.
Section 4 – Lobbying Registration
Who Must Register and When
Lobbying firms are required to file a separate registration for each client.
(1)A lobbying firm is exempt from registration for a particular client if its total income from that client for lobbying activities
does not exceed and is not expected to exceed $3,000 during a quarterly period.
in-other-word :
if client pay <= 3,000 usd per financial-quarter to lobbying-company to do lobby for that client then that lobbying-company
is exempt from lobby-registration-for-that-client
Note: A lobbyist is not the registrant unless he/she is self-employed. In that case, the self-employed lobbyist is treated as a lobbying firm.
(2)Organizations employing in-house lobbyists file a single registration.
Such an organization is exempt from registration if its total expenses for lobbying activities do not exceed and are not expected
to exceed $14,000 during a quarterly period.
in-other-word :
if organisation spend <= 14,000 usd per financial-quarter for lobbying-activity then that organisation is exempt from registration .
The registration requirement of potential registrants is triggered either
(1) on the date their employee/lobbyist is employed or retained to make more than 1 lobbying contact on behalf of a client
(and meets that 20 % of time threshold), or
(2) on the date their employee/lobbyist (who meets the 20 percent of time threshold) in fact makes a 2-nd lobbying contact, whichever is earlier.
In either case, registration is required within 45 days.
Example 1 : Lobbying firm “A” is retained on 1 may 2015 by Client “B” to make lobbying contacts and conduct lobbying activities.
“A” files a registration (LD-1) on behalf of “B” with an effective date of registration of 1 may 2015.
Example 2 : Corporation “C” does not employ an individual who meets the definition of “lobbyist.” Employee “X” is told by her supervisor
to contact Congressman representing district in which Corporation “C” is headquartered. “X” makes a lobbying contact on 1 jun 2015.
“X” does not anticipate making any further lobbying contacts, but spends 25 % of her time on this legislative issue.
No registration is required at this point. In August 2015, “X” is instructed to follow up with Congressman.
“C” registers and discloses August 5, 2015 as the effective date of registration (the date that “X” contacted the Congressman for the second time
and thereby met the definition of a lobbyist).
Preparing to File a Registration – Threshold Requirements
In order to determine applicability of LDA, one must first look at the definition of “lobbyist” under 2 U.S.C. § 1602(10).
Under this definition, an individual is a “lobbyist” with respect to a particular client if he or she makes more than 1 lobbying contact and
his or her “lobbying activities” (as defined in 2 U.S.C. § 1602(7)) constitute at least 20 % of that individual’s time in services for
that client over any 3-month period. Note that a registration would not be required for pro bono clients since the monetary thresholds of
2 U.S.C. §1603(a)(3)(A)(i) in the case of a lobbying firm, or of 2 U.S.C. § 1603(a)(3)(A)(ii) in the case of an organization employing
in-house lobbyists, would not be met. Keep in mind that the obligation to report arises from active status as a registrant.
Therefore if a registration has been filed for a pro bono client, quarterly activity reports (LD-2) and semiannual contribution reports (LD-203)
would be expected to be filed until the registration is validly terminated.
More than 1 Lobbying Contact
“More than 1 lobbying contact” means more than 1 communication to a covered official. Note that an individual falls within
definition of “lobbyist” by making more than 1 lobbying contact over the course of services provided for a particular client
(even if 2-nd contact occurs in a later quarterly period).
Example 1 : Lobbyist “A” telephones Covered Official “B” in morning to discuss proposed legislation.
In afternoon she telephones Covered Official “C” to discuss same legislation. Lobbyist “A” has made more than 1 lobbying contact.
Example 2 : Under some circumstances a series of discussions with a particular official might be considered a single communication,
such as when a telephone call is interrupted and continued at a later time. Discussions taking place on more than 1 day with the same covered official,
however, should be presumed to be more than 1 lobbying contact.
Clarification of an Exception to Lobbying Contact
LDA excepts from the definition of “lobbying contact” communications “required by subpoena, civil investigative demand, or
otherwise compelled by statute, regulation, or other action of the Congress or an agency.” (2 U.S.C. § 1602(8)(B)(ix)).
Communications that are compelled by the action of a Federal agency include communications that are required by a Federal agency contract,
grant, loan, permit, or license (2 U.S.C. § 1602(8)(B)(vix)).
Example: Contractor “A” has a contract to provide technical assistance to Agency “B” on an ongoing basis. Technical communications between Contractor “A’s” personnel and covered officials at Agency “B” would be required by the contract and therefore would not constitute “lobbying contacts.”
Note, however, that this exception would not encompass an attempt by “A” to influence covered officials regarding either matters of policy, or an award of a new contract, since such communications would not be required by the existing contract.
Do Lobbying Activities Constitute 20 Percent Or More of an Individual’s Time?
Lobbying activity is defined in 2 U.S.C. § 1602(7) as “lobbying contacts and efforts in support of such contacts, including . . . background work that is intended, at the time it is performed, for use in contacts, and coordination with the lobbying activities of others.” If the intent of the work is to support ongoing and future lobbying, then it would fall within the definition of lobbying activities. Timing of the work performed, as well as the status of the issue, is also pivotal. Generally, if work such as reporting or monitoring occurs at a time when future lobbying contacts are contemplated, such reporting and monitoring should be considered as a part of planning or coordinating of lobbying contacts, and therefore included as “lobbying activity.” If, on the other hand, a person reports back to the relevant committee or officer regarding the status of a completed effort, that activity would probably not be included as a lobbying activity, if reports are not being used to prepare a lobbying strategy the next time the issue is considered.
Communications excepted from the definition of "lobbying contact" under 2 U.S.C. § 1602(8)(B) may be considered “lobbying activities” under some circumstances. Communications excepted by 2 U.S.C. § 1602(8)(B) will constitute “lobbying activities” if they are in support of other communications which constitute “lobbying contacts.”
Example: Under 2 U.S.C. § 1602(8)(B)(v), the term “lobbying contact” does not include “a request for a meeting, a request for the status of an action, or any other similar administrative request, if the request does not include an attempt to influence a covered Executive Branch official or a covered Legislative Branch official.” However, a status request would constitute “lobbying activity” if it were in support of a subsequent lobbying contact.
Please note that for disclosure purposes the 20 percent of time threshold applies to registration and not to the reporting section.
Is it Lobbying Contact/Lobbying Activity?
If a communication is limited to routine information gathering questions and there is not an attempt to influence a covered official, the exception of 2 U.S.C. § 1602(8)(B)(v) for “any other similar administrative request” would normally apply. In determining whether there is an attempt to influence a covered official, the identity of the person asking the questions and her relationship to the covered official obviously will be important factors.
Example 1 : Lobbyist “A”, a former chief of staff in a congressional office, is now a partner in the law firm retained to lobby for Client “B.”
After waiting 1 year to comply with staff post‑employment restrictions on lobbying, Lobbyist “A” telephones the Member on whose staff she served.
She asks about the status of legislation affecting Client “B’s” interests. Presumably “B” will expect the call to have been part of
an effort to influence the Member, even though only routine matters were raised at that particular time.
Example 2: Company “Z” offers temporary employment to recent college graduates. The graduates are hired to conduct surveys of congressional staff by reading prepared questions and recording the answers. The questions seek only information. These communications do not amount to lobby contacts.
Identification of Client and Covered Officials
2 U.S.C. § 1609(a) requires that any person making an oral lobbying contact with a covered official shall disclose, on the request of the covered official at the time of the lobbying contact: (a) whether that person is registered under this act; (b) the name of the client represented; (c) whether that client is a foreign entity; and (d) the name of any foreign entity that has a direct interest in the outcome of the lobbying activity who contributes more than $5,000 to the lobbying activities of the client and either holds at least 20 percent equitable ownership of the client or actively participates in the planning, supervision, or control of such lobbying activities.
Individuals making written contact with a covered official (including electronic communication) must disclose: (a) if the client on whose behalf the lobbying contact was made is a foreign entity and, if so, the name of the client represented and whether the writer is a registrant under the LDA and (b) any foreign entity that has a direct interest in the outcome of the lobbying activity who contributes more than $5,000 to the lobbying activities of the client and either holds at least 20 percent equitable ownership of the client or actively participates in the planning, supervision, or control of such lobbying activities.
Upon request by individuals making lobbying contacts, the individual being contacted or their employing office must indicate whether the individual is a covered official as defined in 2 U.S.C. § 1602(3) and (4). Executive or legislative branch officials, or their offices, are required to indicate whether contacted officials are covered officials under the LDA. When such offices decline to indicate whether an individual is a covered official, we recommend providing them the exact statutory language and citation to clarify what the law requires. (2 U.S.C.§1609).
Lobbying Contacts and Activities Using IRC Elections (Alternate Reporting Methods)
The LDA permits those organizations that are required to file and do file under 26 U.S.C. § 6033(b)(8) of the Internal Revenue Code (IRC) and organizations that are subject to 26 U.S.C. § 162(e) of the IRC to use the tax law definitions of lobbying in lieu of the LDA definitions for determining “contacts” and “lobbying activities” for Executive Branch lobbying. Registrants should note that the tax definition of lobbying is broader with respect to the type of activities reported, while it is narrower with respect to the universe of Executive Branch officials who qualify as covered Executive Branch employees.
Pursuant to the LDA, registrants making such an IRC election under the LDA must use the IRC definition for Executive Branch lobbying, and the LDA definitions for Legislative Branch lobbying. Because there are fewer Executive Branch officials under the IRC definitions than under the LDA definitions, this may result in fewer individuals being listed as lobbyists and fewer lobbying contacts reflected on the quarterly activity report (LD-2).
Also note that definitions under the tax code include “grass-roots” and “state” lobbying, while the LDA excludes those types of lobbying from the definition of “lobbying activities,” and the LDA does not permit modification of the tax code definition to exclude such expenditures when reporting lobbying expenses under IRC definitions.
Relationship Between 20 Percent of Time and Monetary Threshold
If the definition of “lobbyist” is satisfied with respect to at least one individual for a particular client, the potential registrant (either a lobbying firm or an organization employing the lobbyist, or a self-employed individual lobbyist) is not required to register if it does not meet the monetary thresholds of 2 U.S.C. § 1603(a)(3)(A)(i), in the case of a “lobbying firm,” or of 2 U.S.C. § 1603(a)(3)(A)(ii), in the case of an organization employing in-house lobbyists. Note that the monetary exemption is computed based on the lobbying activities of the potential registrant as a whole for the particular client in question, not simply on the lobbying activities of those individuals who are “lobbyists.”
Example 1: A law firm has two lawyers who perform services for a particular client. Lawyer “A” spends 15 percent of the time she works for that client on lobbying activities, including some lobbying contacts. Lawyer “B” spends 25 percent of the time he works for the client on lobbying activities, but makes no lobbying contacts. Neither lawyer falls within the definition of “lobbyist,” and therefore the law firm is not required to register for that client, even if the income it receives for lobbying activities on behalf of the client exceeds $3,000.
Example 2: Employee “A” of a trade association is a lobbyist who spends 25 percent of his time on lobbying activities on behalf of the association. There are $7,500 of expenses related to Employee “A’s” lobbying activities. Employee “B” is not a “lobbyist” but engages in lobbying activities in support of lobbying contacts made by Employee “A.” There are $7,500 of additional expenses related to the lobbying activities of Employee “B.” The trade association is required to register because it employs a “lobbyist” and its total expenses in connection with lobbying activities on its own behalf exceed $14,000.
Example 3: Same as Example 2, except the expenses related to the lobbying activities of Employees “A” and “B” total only $10,000, but the trade association also pays $5,000 to an outside firm for lobbying activities. Registration is still required because payments to outside contractors (including lobbying firms that may be separately registered under the LDA), must be included in the total expenses of an organization employing lobbyists on its own behalf. Also note that lobbyists employed by the outside firm are not listed on the trade association’s registration (LD-1) or quarterly activity report (LD-2). Lobbyists employed by the outside firm must be reported on the outside firm’s quarterly activity report (LD-2).
Timing
The registration requirement of a potential registrant is triggered either (1) on the date its employee/lobbyist is employed or retained to make more than one lobbying contact on behalf of the client (and meets the 20 percent of time threshold), or (2) on the date their employee/lobbyist (who meets the 20 percent of time threshold) in fact makes a second lobbying contact, whichever is earlier. In either case, registration is required within 45 days of that date.
Example: Lobbying Firm “A” is retained to monitor an issue, but whether or not lobbying contacts will be made depends on future legislative developments. In another case, Corporation “B,” which employs an in-house lobbyist, knows that its lobbyist will make contacts but reasonably expects its lobbying expenditures will not amount to $14,000 in a quarterly period. However, issues of interest to “B” turn out to be more controversial than expected, and the $14,000 threshold is in fact met a month later.
Lobbying firm “A” has no registration requirement at the present time. The requirement to register is triggered if and when the firm makes contacts, or reasonably expects that it will make contacts. Corporation “B’s” registration requirement arose as soon as it knew, or reasonably expected, that its lobbying expenditures will exceed $14,000. “B” needs to register immediately.
Listing Lobbyists
The LDA requires registrants to identify the name of each employee of the registrant who acted or is expected to act as a lobbyist on behalf of the client. Contract lobbyists who are not employed by the registrant should not be listed on the LDA registration or quarterly activity reports.
Further, if any employee who is listed as a lobbyist has served as a covered executive branch official or a covered legislative branch official in the 20 years before the date on which the employee first acted as a lobbyist for that client, the LDA registration (LD-1) or quarterly activity report (LD-2) must list the position in which the employee served. Please note that it is not appropriate to list an individual lobbyist’s current position (such as company president, CEO, etc.) in the “Covered Position” field on the registration form (LD-1) or the quarterly activity report (LD-2).
When a lobbyist name is added after the registration form (LD-1) has been submitted for a client, the lobbyist name should be added on the next quarterly activity report (LD-2), along with disclosure of any previous service as a covered executive branch official or a covered legislative branch official in the 20 years before the date on which the employee first acted as a lobbyist for that client.
Listing Affiliates
The LDA requires that registrations contain the name, address, and principal place of business of any organization (other than the registrant’s client) that contributes more than $5,000 to the registrant or the client during the quarterly period to fund the lobbying activities of the registrant and that actively participates in the planning, supervision, or control of such lobbying activities 2 U.S.C. § 1603(b)(3). Such organizations are known as “affiliated organizations.”
However, no such disclosure is required under paragraph (3) if the organization that would be identified as affiliated with the client is listed on the client’s publicly accessible internet website as a member of or a contributor to the client—unless the organization in whole or in major part plans, supervises, or controls such lobbying activities. To use this option, the registrant must list on its registration the specific internet address of the web page containing the information that is being relied on 2 U.S.C. § 1603(b).
The LDA requires the reporting of “any changes or updates to the information provided in the initial registration, including information under section 1603(b)(3)[.]” 2 U.S.C. § 1604(b)(1). Therefore, if for any reason the web page at an address listed on a registration no longer includes all of the information required for the LDA website option, the registration must be updated. To update the listing of such websites, or otherwise update information concerning affiliated organizations, use the Client Information Update on the quarterly activity report (LD-2) or submit a registration (LD-1) amendment. Registrants, including those using the website option, are responsible for ensuring that their registration remains up to date regarding affiliated organizations and all other required information.
Listing Foreign Entities
Each registration must contain the name, address, principal place of business, amount of any contribution greater than $5,000 to the lobbying activities of the registrant, and approximate percentage of ownership in the client of any foreign entity that: holds at least 20 percent equitable ownership in the client or any affiliate of the client required to be reported; or directly or indirectly, in whole or major part, plans, supervises, controls, directs, finances, or subsidizes the activities of the client or affiliate of the client required to be reported; or is an affiliate of either the client, or an organization affiliated with the client identified on the registration (LD-1) and has a direct interest in the outcome of the lobbying activity. The purpose of the disclosure is to identify the interests of the foreign entity that may be operating behind the registrant or client.
Example: Lobbying Firm “A” is retained to lobby on behalf of Company “B,” which is wholly owned by Foreign Company “C.” “C” is wholly owned by Foreign Company “D,” and “D” is wholly owned by Foreign Company “E.” “C,” “D,” and “E” must be disclosed on the registration.
Filers are expected to use due diligence when filling out and submitting registrations (LD-1), quarterly activity reports (LD-2), and semiannual contribution reports (LD-203).
Disclosure of Certain Convictions
The Justice Against Corruption on K Street Act of 2018 (the JACK Act) amended the LDA, effective January 3, 2019. The Act requires all registrations (LD-1) and quarterly activity reports (LD-2) to include:
“for any listed lobbyist who was convicted in a Federal or State court of an offense involving bribery, extortion, embezzlement, an illegal kickback, tax evasion, fraud, a conflict of interest, making a false statement, perjury, or money laundering, the date of the conviction and a description of the offense.”
The LDA online filing system provides fields for reporting information required by the JACK Act (Line 15 on the LD-1 registration and Line 29 on the LD-2 quarterly activity report).
To comply with this statutory requirement and ensure the accuracy and completeness of the disclosure, all registrants must list the required information for every listed lobbyist with any prior conviction of an offense involving one of the JACK Act’s listed predicates (a “predicate offense”).
To satisfy the “description of the offense,” for every date upon which a conviction involving a predicate offense occurred for a listed lobbyist, you must indicate for that lobbyist, the jurisdiction of offense (federal judicial district or the specific county or municipal jurisdiction in which a State conviction is on record) and either a list of which predicate offenses from the list above were involved in the lobbyist’s conviction, or each code section under which the lobbyist was convicted of a predicate offense.
Example 1: A listed lobbyist was convicted in the United States District Court for the District of Columbia on January 1, 1970 of 22 counts of violating the Hobbs Act through extortion, 5 counts of making a false statement, 1 count of conspiracy to make a false statement, and the nature of those offenses also involved tax evasion and receiving illegal kickbacks. The registrant lists the lobbyist name and the date of conviction and could list the following description:
U.S. District Court (DDC), offenses involving extortion, making a false statement, tax evasion, and receiving an illegal kickback.
In that same instance, the registrant could also list the lobbyist name, the date of conviction and the following description:
U.S. District Court (DDC), 18 U.S.C. §1951 (22 counts); U.S. District Court (DDC), 18 U.S.C. §1001 (5 counts); U.S. District Court (DDC), 18 U.S.C. §371
Example 2: A listed lobbyist has convictions in state court of two counts of Public Bribery and one count of False Accounting, and the nature of the False Accounting conviction involved making a false statement, fraud, and money laundering. The registrant lists the lobbyist name, the date of conviction and could list the following description:
State of East Hypothetica, City of Example Criminal Court, offenses involving bribery, false statements, fraud, and money laundering.
In that same instance, the registrant could also list the lobbyist name, the date of conviction and the following description:
State of East Hypothetica, City of Example Criminal Court, EH Rev. Stat. §37:206 (2 counts); State of East Hypothetica, City of Example Criminal Court, EH Rev. Stat. §37:1309
Once a JACK Act disclosure is required for a listed lobbyist, that disclosure will be required on every future registration or quarterly report that includes that lobbyist. Please be advised that making false statements on LDA filings, or intentionally omitting required information from LDA filings, may constitute a violation of federal law.
Our offices cannot give legal advice or opinions. For questions regarding whether a conviction involves a predicate offense, or which predicate offenses it may involve, filers may wish to consult with private counsel.
Section 5 – Special Registration Circumstances
Elaboration on the Definition of Client
In some cases a registrant is retained as part of a larger lobbying effort that encompasses more than one lobbying firm on behalf of a third party. Generally, the entity that is paying the registrant is listed as the client on behalf of the third party. The third party, who is paying the intermediary (client), is listed also on the registration (LD-1) as an affiliate.
Example: Client “P” retains lobbying firm “F” for general lobbying purposes, but has a new interest in obtaining an outcome in an area new to “P.” “F” realizes that a boutique lobbying firm “L” has an excellent track record for obtaining the type of outcome “P” is seeking, and talks to “P” about subcontracting. “P” agrees with “F’s” strategy. “F” contacts “L” to retain the latter to do the project. “F” is responsible for paying “L.” Within 45 days, “L” registers disclosing “F on behalf of P” as the client, and listing “P” as the affiliate on the registration (LD-1).
Lobbying Firms Retained Under a Contingent Fee
Law other than the LDA governs whether a firm may be retained on a contingent-fee basis. There is, for example, a general prohibition on the payment of contingent fees in connection with the award of government contracts. Assuming, however, that the agreement is not contrary to law or public policy, an agreement to make lobbying contacts for a contingent fee, like other fee arrangements, triggers a registration requirement at inception. The fee is disclosed on the quarterly activity report (LD-2) for the period that the registrant becomes entitled to it.
Example 1: On January 1, 2015, Lobbying Firm “G” agrees to lobby for Client “H” for a fee contingent on a certain result, and the agreement is permitted under other applicable law. Lobbying activities begin. “G” is required to register by February 14, 2015. The result is not obtained and “G” is not entitled to any fee during the first quarterly period. “G” must report its lobbying activities for the first quarterly period; the income reported is “Less than $5,000.” The desired result does occur in the second quarterly period of 2015. In the report for that period, “G” discloses its lobbying activities for that period and the total contingent fee in income reported, rounded to the nearest $10,000.
Example 2: Lobbying Firm “J” discusses an arrangement to accept stock options worth $4,500 from Client “M” in lieu of payment of a contingency fee. After determining that acceptance of a success fee is not a violation of another statute, “J” signs a contract with “M,” and registers. Late in the first quarter of the lobbying activities, it appeared “J” achieved the result. “J’s” initial quarterly lobbying report disclosed lobbying income of less than $5,000. “M’s” stock value increased shortly thereafter to be valued at $6,000, so “J” exercised its options. “J” amended the previously filed quarterly report to reflect income of “$5,000 or more,” and rounded the amount to $10,000.
Registration for Entities with Subsidiaries or State and Local Affiliates
Assuming a parent entity or national association and its subsidiary or subordinate are separate legal entities, the parent makes a determination whether it meets the registration threshold based upon its own activities, and does not include subordinate units' lobbying activities in its assessment. Each subordinate must make its own assessment as to whether any of its own employees meet the definition of a lobbyist, and then determine if it meets the registration threshold with respect to lobbying expenses.
Example: Lobbyist “Z” is an employee of Company “A,” which is a wholly owned subsidiary of Company “B.” “Z’s” lobbying activities advance the interests of both. Which company is responsible for registering and reporting under the LDA?
The registration and reporting requirements apply to the organization of which Lobbyist “Z” is an employee. Therefore, Company “A” would register and file the quarterly reports.
If Company “B” contributes $5,000 or more to “Z’s” lobbying activities during a quarterly period and actively participates in the planning, supervision, or control of the lobbying activities, Company “B” must be listed on Company “A’s” registration (LD-1). A contribution may take any form, and may be direct or indirect. For example, if Company “B” established Company “A” with an initial capital contribution of $1,000,000, which “A” draws upon for employee salaries, including “Z’s,” and to pay for office space used by “Z,” a $5,000 contribution probably has been made.
If Company “B” is a foreign entity, and the facts are otherwise the same as above, “B” would be listed as an affiliate on the registration (LD-1) filed by Company “A.” “B’s” interests in specific lobbying issues would also be disclosed on the quarterly activity report (LD-2).
The LDA does not make any express provision for combined or consolidated filings. A single filing by a parent corporation may be appropriate in some cases, especially when there are multiple subsidiaries and the lobbyists address the same issues for all and act under the close control of the parent. In this regard, note that the LDA does not contain any specific definition of “employee” (there is only the general definition at 2 U.S.C. § 1602(5)), and the policy of the LDA is to promote disclosure of real parties in interest.
In circumstances in which multiple subsidiaries each have only a fraction of the lobbyist’s time and little control over his work, the parent which in fact exercises actual control can be regarded as the “employer” for lobbying registration purposes. In such cases, the parent may file a single registration, provided that the registration (LD-1) discloses that the listed lobbyists are employees of subsidiaries and the subsidiaries are identified as affiliated organizations.
Effect of Mergers and Acquisitions on Registrations
The following examples serve to illustrate hypothetical situations regarding mergers and acquisitions:
Example 1: Corporation “C” registered under the LDA during 2014. Effective upon close of business on December 31, 2014, “C” merged with Corporation “D.” “D,” the surviving corporation, had no lobbyist employees before the merger and is not registered. How and when should this information be reported? Assuming that “D” retains at least one of “C’s” lobbyist employees and will incur lobbying expenses of at least $14,000 during the January – March quarterly period, Corporation “D” is required to register. The 45 day period in which its initial registration must be filed begins to run on December 31, 2014, the date “D” first had lobbyist employees, and the registration is due by February 14, 2015. On the other hand, if “D” will not be lobbying after the merger, it is not required to register. In pre merger discussions, Corporation “C” might have agreed to terminate its registration and file its final lobbying report before ceasing its corporate existence. If, however, “C” did not do so, Corporation “D” should terminate the registration and file the outstanding lobbying report in “C’s” name. “D” may simply annotate the signature block on the quarterly activity report (LD 2) to indicate that it is filing as successor in interest to “C.”
Example 2: Lobbying Firm “O” is a registrant under the LDA. It merges with Lobbying Firm “P,” which is also a registrant. The new entity will be known as Lobbying Firm “T.” How and when should this information be reported? The answer depends on the particular facts. If Lobbying Firm “T” is a newly created legal entity, it should file a new registration within 45 days. The registrations of both “O” and “P” should be terminated by filing separate termination reports for each remaining registrant/client relationship. But if “T” is simply the new name adopted by “O” following the merger with “P,” with “P” going out of existence, “O” should report its new name and other updated information (such as the names of lobbyist employees of “P” who are retained or hired by “T”) on the quarterly activity report (LD-2). “P’s” registration should be terminated, and P should file termination reports for each remaining registrant/client relationship, but only after P ceases to exist.
Example 3: Corporation “J,” a registrant, acquired Corporation “K,” a non registrant. At the time of the acquisition, “J” changed its name to “J & K.” How and when should this information be reported? For LDA purposes, this is simply a change in the name of the registrant. The change should be reported on the next quarterly activity report (LD-2) with the registrant name listed as “J & K, formerly reported as J."
Associations or Coalitions
The LDA provides that “[i]n the case of a coalition or association that employs or retains other persons to conduct lobbying activities, the client is the coalition or association and not its individual members” (2 USC § 1602(2)). A bona fide coalition that employs or retains lobbyists on behalf of the coalition may be the client for LDA reporting purposes, even if the coalition is not a legal entity or has no formal name. A registrant lobbying for an unnamed informal coalition needs to adopt some type of identifier for the registration (LD-1), and indicate “(Informal Coalition)” or another applicable description. For all coalitions and associations, formal or informal, the LDA requires further disclosures, e.g., of organizations other than the client that contribute more than $5,000 toward the lobbying activities of the registrant in the quarterly period, and actively participate in the planning, supervision, or control of the lobbying activities (2 U.S.C. § 1603(b)(3)). Such organizations are identified as affiliates on the registration (LD-1).
Example 1: Association “A” has 20 organizational members who each pay $20,000 as a portion of their annual dues to fund “A’s” lobbying activities. “E” is an employee of Organization “O,” which is a member of “A.” “E” serves as a member of “A’s” board, as a representative of “O.” While “A” carries out various functions, a substantial part of its mission is lobbying on issues of interest to its member organizations. “E’s” board membership constitutes active participation by “O” in the lobbying activities of “A,” and thus “O” would need to be listed as an affiliated organization of “A.”
Example 2: Another association “A” has 1000 organizational members who each pay $20,000 as a portion of their annual dues to fund “A’s” lobbying activities. “E” is an employee of Organization “O,” which is a member of “A.” “E” serves as a member of “A’s” board, as a representative of “O.” “A” performs numerous functions, only a modest portion of which is lobbying. With regard to “A’s” lobbying activities, “A’s” board is only involved in approving an overall budget for such activities, but otherwise leaves supervision, direction, and control of such matters to a separate committee of member organizations. “E’s” board membership in this case does not constitute active participation by “O” in the lobbying activities of “A.”
Example 3: Another association “A” has 1000 organizational members who each pay $1,000 a month in annual dues to “A.” “E” is an employee of Organization “O,” which is a member of “A.” “E” serves as a member of “A’s” lobbying oversight group as a representative of “O.” The lobbying oversight group plans and supervises lobbying strategy for “A.” While “E’s” activities in “A” would constitute active participation, because “O” does not contribute $5,000 in the reporting quarter to the lobbying activities of “A,” “O” would not need to be listed as an affiliate of “A.”
Example 4: Another association “A” has 100 organizational members who each pay $30,000 a month as a portion of their annual dues to fund “A’s” lobbying activities. “E” is an employee of Organization “O,” and attends “A’s” annual meeting/conference, informally provides “O’s” list of legislative priorities to “A,” and also facilitates responses from “O” to occasional requests for information by “A’s” lobbyists. These activities would not make “O” an active participant in the lobbying activities of “A.”
Example 5: Organization “O” joins with a group of nine other organizations to form Coalition “C” to lobby on an issue of interest to it. Each contributes $50,000 to “C’s” budget. “O’s” vice president for government relations is part of the informal group that directs the lobbying strategy for “C.” “O” would be considered an active participant in “C’s” lobbying activities and would have to be disclosed.
Note that a coalition with a foreign entity as a member must identify the foreign entity on the registration (LD-1) if the foreign entity meets the test of either 2 U.S.C. § 1603(b)(3) or (b)(4).
Churches, Integrated Auxiliaries, Conventions or Association of Churches and Religious Orders – Hiring of Outside Firms
Although the definition of a lobbying contact does not include a communication made by a church, its integrated auxiliary, a convention or association of churches and religious orders (2 U.S.C. § 1602(8)(B)(xviii)), if a church (its integrated auxiliary, a convention or association of churches, and religious orders) hires an outside firm that conducts lobbying activity on its behalf, the outside firm must register if registration is otherwise required.
Registration of Professional Associations of Elected Officials
The LDA (2 U.S.C. § 1602(15)) definition of “public official” includes a professional association of elected officials who are exempt from registration. If the association retains an outside firm to lobby, the lobbying firm must register if otherwise required to do so, i.e., the firm employs a lobbyist as defined in 2 U.S.C. § 1602(10) and lobbying income exceeds $3,000 in a quarterly period.
Section 6 – Quarterly Reporting of Lobbying Activities
When and Why a Report is Needed
Each registrant must file a quarterly activity report (LD-2) no later than 20 days (or on the first business day after such 20th day if the 20th day is not a business day) after the end of the quarterly period beginning on the first day of January, April, July, and October of each year in which a registrant is registered. Lobbying firms file separate reports for each client for each quarterly reporting period, while organizations employing in-house lobbyists file one report covering their in-house lobbying activities for each quarterly reporting period. All reports must be filed electronically. The Secretary and Clerk do not have the authority under the LDA to grant extensions to registrants.
The obligation to report under the LDA arises from active status as a registrant (with a registration on file for which a termination report has not been filed). The LDA (2 U.S.C. § 1604(a)) requires a registrant to file a report for the quarterly period in which it incurred its registration requirement, and for each quarterly period thereafter, through and including the reporting period encompassing the date of registration termination. A timely quarterly activity report (LD-2) is required even though the registration was in effect for only part of the reporting period. So long as a registration is on file and has not been terminated, a registrant must report its lobbying activities even if those activities during a particular quarterly period would not trigger a registration requirement in the first instance (e.g., a lobbying firm’s income from a client amounted to less than $3,000 during a particular quarterly period). A registrant with no lobbying activity during a quarterly period checks the “no activity” box on the quarterly activity report (LD-2).
Example 1: “A” is the only lobbyist of Lobbying Firm “Z” listed in the registration filed for Client “Y” on February 14, 2015. During January–March 2015, “A” lobbied for “Y” nearly full‑time. During the April–June period in 2015, however, “A” made only one lobbying contact for “Y” in April, but lobbying fees for the quarter were $10,000. For the April–June quarterly period, even though “A” had minimal lobbying activities, Lobbying Firm “Z” must report “A’s” lobbying activities (due to “A’s” being listed as a lobbyist) and must report the $10,000 lobbying fees.
Example 2: Lobbying Firm “Z” is retained by Client “X” on June 1, 2015 for 30 days to lobby on a particular issue that is on the legislative calendar and the issue is settled prior to the departure of House and Senate Members for the July 4th recess. Firm “Z” must file its registration by July 15, file its quarterly activity report (LD-2) by July 20, and, if it chooses to terminate, file its termination report by October 20.
Disclosing that a Client is a State or Local Government or Instrumentality
A client that is a state or local government or instrumentality must be disclosed as such on the quarterly activity report (LD-2).
Mandatory Electronic Filing
Mandatory electronic filing of all documents is required by the LDA (2 U.S.C. § 1604). The only exception to mandatory electronic filing is for the purpose of compliance with the Americans with Disabilities Act (ADA). The online electronic filing system provides usability for people with vision impairments who have the appropriate software and hardware. If you have questions regarding additional ADA accommodations, please contact the Senate Office of Public Records at (202) 224-0758 or the House Legislative Resource Center at 202-226-5200.
Preparing to File the Quarterly Report – Income or Expense Recording
The LDA does not contain any special record keeping provisions, but requires, in the case of an outside lobbying firm (including self-employed individuals), a good faith estimate of all income received from the client, other than payments for matters unrelated to lobbying activities. In the case of an organization employing in-house lobbyists, the LDA requires a good faith estimate of the total expenses of its lobbying activities. As long as the registrant has a reasonable system in place and complies in good faith with that system, the requirement of reporting expenses or income would be met. Since the LDA (2 U.S.C. § 1605(a)(5)) requires the Secretary and Clerk to “retain registrations for a period of at least 6 years after they are terminated and reports for a period of at least 6 years after they are filed,” it is recommended registrants retain copies of their filings and supporting documentation for the same length of time.
Lobbying Firm Income
Lobbying firms report income earned or accrued from lobbying activities during a quarterly period, even though the client may not be billed or make payment until a later time. For a lobbying firm, gross income from the client for lobbying activities is reportable, including reimbursable expenses, costs, or disbursements that are in addition to fees and separately invoiced. The quarterly activity report (LD-2) provides boxes for a lobbying firm to report income of less than $5,000, or of $5,000 or more. If lobbying income is $5,000 or more, a lobbying firm must provide a good faith estimate of the actual dollar amount rounded to the nearest $10,000.
Example: Lobby Firm “A” has lobbying income of $5,700 from Client “Z” for the first quarter of 2015. “A” files a quarterly activity report (LD-2) for Client “Z” by April 20, checking the box for “$5,000 or More” in income and reporting the amount of income (rounded to the nearest $10,000) as $10,000.
Organization Expenses Using LDA Expense Reporting Method
Organizations that employ in-house lobbyists may incur lobbying-related expenses in the form of employee compensation, office overhead, or payments to vendors, which may include lobbying firms. Organizations must report expenses as they are incurred, though payment may be made later. The quarterly activity report (LD-2) provides for an organization to report lobbying expenses of less than $5,000, or $5,000 or more. If lobbying expenses are $5,000 or more, the organization must provide a good faith estimate of the actual dollar amount rounded to the nearest $10,000. Organizations using the LDA expense reporting method mark the “Method A” box on the quarterly activity report (LD-2).
To ensure complete reporting, the Secretary and Clerk have consistently interpreted 2 U.S.C. § 1604(b)(4) to require such organizations to report all of their expenses incurred in connection with lobbying activities, including all payments to retained lobby firms or outside entities, without considering whether any particular payee has a separate obligation to register and report under the LDA. Logically, if an organization employing in-house lobbyists also retains a lobbying firm, the expense reported by the organization should be greater than the fees reported by the lobbying firm of which the organization is a client. An organization must contact any other organization to which it pays membership dues in order to learn what portion of the dues is used by the latter organization for lobbying activities. It is necessary for the former organization to include the portion of the dues that is designated for lobbying activities in the total of lobbying expenses reported by the former organization. A registrant cannot apportion the lobbying expense part of the dues to avoid disclosure. Dues payments for lobbying activities should be included in the estimate for the quarter in which they are paid.
All employee time spent in lobbying activities must be included in determining the organization’s lobbying expenses, even if the employee does not meet the statutory definition of a “lobbyist.”
Example: The CEO of a registrant, “Defense Contractor,” travels to Washington to meet with a covered DOD official regarding the renewal of a government contract. “Defense Contractor” has already determined that its CEO is not a “lobbyist,” because he does not spend 20 percent of his time on “lobbying activities” during a quarterly period. Nonetheless, the expenses reasonably allocable to the CEO’s lobbying activities (e.g., plane ticket to Washington, salary and benefit costs, etc.) will be reportable.
Similarly, all expenses of lobbying activities incurred during a quarterly period are reportable. The LDA definition of lobbying activities (2 U.S.C. § 1602(7)) is not limited to lobbying contacts. Examples of lobbying expenses to be included are reflected below.
Example 1: A research assistant in the Washington office of the registrant, “Defense Contractor” (described in the example above) researches and prepares the talking points for the CEO’s lobbying contact with the covered DOD official. Likewise, the expenses reasonably allocable to the research assistant’s lobbying activities will be included in “Defense Contractor’s” expense estimate for the quarterly period.
Example 2: Corporation “R” is a registrant that is interested in building a bypass around a city in state “S.” “R’s” governmental affairs team is comprised of lobbyists who are federally-focused, and lobbyists who are state-focused. The entire staff prepares a strategic lobbying plan to support the building of the bypass. This includes both federal and state lobbying. In this example, the time spent by the state level lobbyists preparing the materials would be included in “R’s” good faith estimate of lobbying expenses for the quarter because, at the time the materials were prepared, they were to be used for federal lobbying.
Example 3: Same circumstances as Example 2, but in this situation, the aforementioned strategic lobbying plan includes hiring one firm to help with the production of the plan, and another firm to place advertising in media in “S” to encourage citizens in “S” to contact their representatives about the importance of building the bypass. The total cost of producing the plan, but not the cost of the advertising media fees, must be included in “R’s” good faith estimate of lobbying expenses for the quarter.
The examples below are intended to be illustrative of the possibilities of LDA expense reporting, and are not intended to require detailed accounting rules.
Example 1: An organization employing in-house lobbyists might choose to estimate lobbying expenses by asking each professional staffer to track his/her percentages of time devoted to lobbying activities. These percentages could be averaged to compute the percentage of the organization's total effort (and budget) that is devoted to lobbying activities. Under this example the organization would include salary costs (including a percentage of support staff salaries), overhead, and expenses, including any third-party costs attributable to lobbying.
Example 2: Another organization, which lobbies out of its Washington office, might avoid the need for detailed breakdowns by including the entire budget or expenses (whichever the organization believes in good faith is closer to the actual amount) of its Washington office. Care should be taken in this instance to also add any additional lobbying expenses to this amount, such as the cost of fly-ins, events, etc., and outside lobbyists not paid by the Washington office.
Organizations Reporting Expenses Under 2 U.S.C. § 1610 (Optional IRC Reporting Methods)
The LDA (2 U.S.C. § 1610(a)) allows entities that are required to report and do report lobbying expenditures under 26 U.S.C § 6033(b)(8) of the Internal Revenue Code to use IRC definitions for purposes of the LDA (2 U.S.C. § 1603(a)(3) and 2 U.S.C. § 1604(b)(4)). Charitable organizations, as described in 26 U.S.C. § 501(c)(3), are required to report to the Internal Revenue Service their lobbying expenditures in conformity with 26 U.S.C. § 6033(b)(8) of the IRC. They may treat as LDA expenses the amounts they treat for influencing legislation under the IRC.
The LDA (2 U.S.C. § 1610(b)) allows entities that are subject to the IRC (26 U.S.C. § 162(e)) to use IRC definitions for purposes of 2 U.S.C. § 1603(a)(3) and 2 U.S.C. § 1604(b)(4). The eligible entities include for-profit organizations (other than lobbying firms) and tax-exempt organizations such as trade associations that calculate their lobbying expenses for IRC purposes with reference to 26 U.S.C. § 162(e) rules. The Secretary and the Clerk believe that this reporting option is available to include also a small number of trade association registrants not required by the IRC to report non-deductible lobbying expenses to their members (i.e., those whose members are tax-exempt).
If an eligible organization elects to report under 2 U.S.C. § 1610, it must do so consistently for all reports covering a calendar year. The electing organization also must report all expenses that fall within the applicable Internal Revenue Code definition. The total that is ultimately reportable to the Internal Revenue Service is the figure that would be used for the quarterly activity report. The quarterly activity report (LD-2) would require any organization to report if the amount of lobbying expenses was less than $5,000, or $5,000 or more. If the expense amount is $5,000 or more, it should be rounded to the nearest $10,000. The quarterly activity report (LD-2) also requires the electing organization to mark as applicable, either the “Method B” box (26 U.S.C. § 6033(b)(8)) or the “Method C” box (26 U.S.C. § 162(e)).
The Secretary and Clerk are aware that the IRC and LDA are not harmonized in terms of expense reporting. Registrants are advised that if they elect to report under IRS methods per 2 U.S.C. § 1610, they may not subtract lobbying expenses for lobbying state and local officials and grassroots lobbying from the total expenses reported. Doing so alters the IRS reportable total, and is not permitted.
Quarterly Reporting of Lobbying Activities - Contents of Report
The LDA (2 U.S.C. § 1604(b)) requires registrants to report specific information on the nature of the lobbying activities on quarterly activity reports (LD-2), including:
Disclosing the general lobbying issue area code(s).
Identifying the specific issues on which the lobbyist(s) engaged in lobbying activities.
Identifying the Houses of Congress and the most specific Federal Agencies contacted.
Disclosing the lobbyists who had any activity in the general issue area.
Describing the interest of a foreign entity if applicable.
Example 1: Registrant “A” represents Client “B” to monitor an issue of interest to B and make occasional lobbying contacts as necessary. During the Q1 2015 reporting period, “A” received $3,000 from “B,” but had no lobbying activity because “B’s” issue was dormant. “A” would complete the quarterly activity report (LD-2), mark the box for “No Lobbying Activity,” mark income as “Less than $5,000,” and submit the report.
Example 2: Same circumstances as above, except that “A” has two lobbyists who make lobbying contacts on a single lobbying issue with the Senate and the House. In this case, “A” will need to complete the Lobbying Activity section of the quarterly activity report (LD-2) and submit the report.
Example 3: Same circumstances as example 2, but one of the lobbyists retires during the reporting period. In this case, the Information Update Page of the quarterly activity report is required to be included, listing the lobbyist’s name as being no longer expected to lobby for that client, which has the effect of delisting the lobbyist’s name (his/her retirement) from “A’s” registration and reports.
When reporting specific lobbying issues, some registrants have listed only House or Senate bill numbers on the issues page without further indication of their clients’ specific lobbying issues. Such disclosures are not adequate, for several reasons. First, 2 U.S.C. § 1604(b)(2)(A) requires disclosure of “specific issues upon which a lobbyist employed by the registrant engaged in lobbying activities, including ... bill numbers[.]” As we read the law, a bill number is a required disclosure when the lobbying activities concern a bill, but is not in itself a complete disclosure. Further, in many cases, a bill number standing alone does not inform the public of the client’s specific issue. Many bills are lengthy and complex, or may contain various provisions that are not always directly related to the main subject or title. If a registrant’s client is interested in only one or a few specific provisions of a much larger bill, a lobbying report containing a mere bill number will not disclose the specific lobbying issue. Even if a bill concerns only one specific subject, a lobbying report disclosing only a bill number is still inadequate, because a member of the public would need access to information outside of the filing to ascertain that subject. The LDA contemplates disclosures that are adequate to inform the public of the lobbying client’s specific issues from a review of the quarterly activity report (LD-2), without independent familiarity with bill numbers or the client’s interest in specific subject matters within larger bills. The disclosures on the quarterly activity report must include bill numbers, where applicable, but must always contain information that is adequate, standing alone, to inform the public of the specific lobbying issues.
Example: Client “A’s” general lobbying issue area is “Environment.” During the first quarter of 2015, lobbyists for “A” made contacts concerning the Department of Defense appropriations for environmental restoration. For fiscal year 2016, the Department of Defense Appropriations Act was part of the Omnibus Consolidated Appropriations Act for 2016, H.R. 3610, a lengthy and complex bill that did not have numbered sections throughout. Title II contained separate but unnumbered provisions making appropriations for “Environmental Restoration, Army,” “Environmental Restoration, Navy,” “Environmental Restoration, Air Force,” “Environmental Restoration, Defense Wide,” and “Environmental Restoration, Formerly Used Defense Sites.” Lobbying contacts for Client “A” addressed all environmental restoration funding within the Defense Department bill. An appropriate disclosure of the specific lobbying issue would read as follows: H.R. 3610, Department of Defense Appropriations Act for 2016, Title II, all provisions relating to environmental restoration.
The Tariff (TAR) issue code is used for tariff bills, including miscellaneous tariff bills. Filers must use this general issue area code to report lobbying activity related to tariff issues, including miscellaneous tariff issues. For any other trade-related issues, filers should use the Trade (TRD) code.
Example: Registrant “R’ is retained by Client “B” to pursue a bill to provide a temporary tariff suspension for chemical X, and a separate bill to provide a temporary tariff reduction for chemical Y. During the first quarter of 2015, “R” made lobbying contacts concerning both matters on behalf of “B” and a separate bill was introduced for each matter (S.123 for chemical X and S.456 for chemical Y). “R” reports in its LD-2 filing for Q1 that the general issue area code for these bills is “TAR,” and the specific issues lobbied upon were the substance of the bills, citing to the bill number, if a bill has been introduced (e.g., “temporary tariff suspension for chemical X (S.123) and temporary tariff reduction for chemical Y (S.456)”). In the Q3 reporting period, the two chemical tariff provisions are each rolled into an omnibus bill (e.g., S.789, the “Miscellaneous Tariff Bill”). If “R” had lobbying activities during the Q3 reporting period encompassing all three bills, then “R” reports that the general issue area code for these bills is “TAR” and the specific issues lobbied upon were the substance of the bills (e.g., “temporary tariff suspension for chemical X and temporary tariff reduction for chemical Y, included in the original bills (S.123 and S.456) and in the Miscellaneous Tariff Bill (S.789)”). In Q4, “R” had lobbying activities focusing on the omnibus bill which “R” then discloses on its Q4 report, using TAR for the general issue area code as well as reporting the specific issues lobbied upon (“modification focused on tariff suspension for chemical X and tariff reduction for chemical Y, included in Miscellaneous Tariff Bill (S.789)”).
The Houses of Congress and Federal agencies contacted by lobbyists during the reporting period must be disclosed on the quarterly activity report (LD-2), picking from the list of government entities provided in the online filing system. Registrants should select the most specific Federal Agency possible. If the list does not display the government entity contacted, then select the department in which the entity is housed. In the event that no lobbying contacts were made, the registrant must mark the “No Agencies Lobbied” box.
Previously identified lobbyists and new lobbyists for this reporting period must be listed on the quarterly activity report (LD-2) if they had any lobbying activities during the reporting period, whether or not they made lobbying contacts. The General Issue Area on the quarterly activity report is only intended to reflect lobbying activity by lobbyists, and not activity of those who are not lobbyists. The registrant does not report the names of individuals who may perform some lobbying activities, but who do not and are not expected to meet the definition of a lobbyist.
Example: Lobbying Firm “A” filed its initial registration for Client “B” on February 14, listing Lobbyists “X,” “Y,” and “Z.” From January through March, Lobbyists “W” (hired in February) and “X” and “Y” made contacts for “B,” while Lobbyist “Z” was assigned work for other clients. Lobbyist “Z” is expected, however, to be active on behalf of Client “B” after Spring Recess until adjournment. In its first quarter (LD-2) report for Client “B,” filed on or before April 20, Lobbying Firm “A” lists “W,” “X,” and “Y”as lobbyists. “W” is also identified as “new,” and Firm “A” would disclose if “W” occupied a covered position within the last twenty years. “Z” is not listed on the quarterly activity report (LD-2) filed for Client “B” for the January–March quarterly period, but because of the current expectation that he will lobby during the April–June quarterly period, his name is not delisted as a lobbyist for “B.”
In the case of a registrant organization with in-house lobbyists, which also engages the services of an outside lobbying firm, the names of outside retained lobbyists are not listed on the organization’s registration or quarterly activity reports. However, the registrant’s expenses for such an outside lobbying firm must be part of the registrant’s lobbying expense calculations and disclosure. The outside lobbying firm would file its own report pursuant to the LDA, listing the names of its lobbyists, as appropriate.
New lobbyists must be disclosed in the appropriate General Issue Area for the reporting period in which the individual first meets the definition of lobbyist. Filers need to list a new lobbyist’s previous covered executive or legislative branch positions held within twenty (20) years of first acting as a lobbyist for a client. Once a filer has met the previously described statutory requirement for listing a new lobbyist’s previous covered position(s), then the filer does not have to list those positions again for subsequent reports concerning the same client. If a registrant lists that lobbyist for the first time on a report/registration regarding a different client, then the registrant must list that lobbyist’s previous covered positions held within twenty (20) years of first acting as a lobbyist for the new client.
We are aware that there will be situations in which a registrant expects an individual to become a lobbyist and wishes to disclose the name of that individual as a matter of public record. However, the LDA (2 U.S.C. § 1604), provides that updated registration information is contained in the registrant’s next quarterly activity report (LD-2). Therefore, there may be a period of time in which an individual is legitimately making lobbying contacts but is not identified on the public record until the next quarterly activity report (LD-2) is filed. In such cases, the registrant reports updated information as the LDA requires.
A foreign entity is reported on the quarterly activity report (LD-2) if both of two circumstances apply: 1) the foreign entity must be an entity that is required to be identified on the registration (LD-1) or on the Information Update page on the quarterly activity report (LD-2). That, in turn, depends on whether the entity meets one of the three conditions of the LDA (2 U.S.C. § 1603(b)(4)); and 2) the entity must have an interest in the specific lobbying issues listed on the quarterly activity report (LD-2). If a foreign entity has an interest in the specific issues, the quarterly activity report (LD-2) requires a description of that interest. For the sake of clarity the registrant should indicate whether the foreign entity(s) is/are the same as identified on the registration. The requirement to disclose a foreign interest is not contingent upon the entity making a contribution of $5,000 or more to the registrant during that particular reporting period.
Example: “[Name of foreign entity], identified on Registration (LD-1), exports [type of product] to United States and would benefit from [specific desired outcome].”
Disclosure of Certain Convictions
The Justice Against Corruption on K Street Act of 2018 (the JACK Act) amended the LDA, effective January 3, 2019. The Act requires all registrations (LD-1) and quarterly activity reports (LD-2) to include:
“for any listed lobbyist who was convicted in a Federal or State court of an offense involving bribery, extortion, embezzlement, an illegal kickback, tax evasion, fraud, a conflict of interest, making a false statement, perjury, or money laundering, the date of the conviction and a description of the offense.”
The LDA online filing system provides fields for reporting information required by the JACK Act (Line 15 on the LD-1 registration and Line 29 on the LD-2 quarterly activity report). See Section 4 – Lobbying Registration for additional information about disclosure of convictions.
Filers are expected to use due diligence when filling out and submitting registrations (LD-1), quarterly activity reports (LD-2), and semiannual contribution reports (LD-203).
Section 7 – Semiannual Reporting of Certain Contributions
When and Why a Report is Needed
Registrants and lobbyists must file a semiannual contribution report (LD-203) by July 30 and January 30 (or on the next business day should either day occur on a weekend or holiday) for each semiannual period in which a registrant or lobbyist remains active (and regardless of whether they do or do not make reportable contributions). An “active” registrant is one that has not filed a valid termination report for all clients. An “active” lobbyist is an individual who has been listed on any registration (LD-1) or quarterly activity report (LD-2) and who has not been terminated/delisted by the registrant. If a lobbyist is listed as active on a quarterly activity report (LD-2) for all or any part of a semi-annual period, he or she must file a contribution report (LD-203) for that period (see Guidance Section 8). 2 U.S.C. § 1604 states that “each person or organization who is registered or is required to register…and each employee who is or is required to be listedas a lobbyist…shall file a report.” Thus, the requirement to file a contribution report (LD-203) falls upon all lobbyists who were listed on a registration (LD-1) or quarterly activity report (LD-2), regardless of whether they were required to be listed (as in the case in which a registrant listed an individual as a lobbyist in an abundance of caution). Any lobbyist who is reported on a registration (LD-1) or quarterly activity report (LD-2) must file a contribution report (LD-203), unless that lobbyist has been terminated/delisted on the quarterly activity report (LD-2) for all clients of the registrant prior to the beginning of the relevant LD-203 filing period. The Secretary and the Clerk view the registration (LD-1) and quarterly activity report (LD-2) as determinative for an individual lobbyist’s obligation to file a contribution report (LD-203).
Sole proprietors and small lobbying firms are reminded that two contribution reports are required: one filed by the registrant and one filed by the listed lobbyist (even if the lobbyist is the registrant and vice versa).
Example: A sole proprietor is registered identifying the sole proprietorship business name as the registrant name. The lobbyist’s name is also listed as a lobbyist on the registration (LD-1) and on subsequent quarterly activity reports (LD-2). When the registrant contribution report (LD-203) is due from the registrant sole proprietorship business organization, the lobbyist contribution report (LD-203) is also due from the individual lobbyist. Two contribution reports must be filed, one report using the registrant login ID and password, and one report using the lobbyist login ID and password.
Filers are expected to use due diligence when filling out and submitting registrations (LD-1), quarterly activity reports (LD-2), and semiannual contribution reports (LD-203). The coverage periods for the semiannual reports are January 1 through June 30, and July 1 through December 31. The Secretary and the Clerk do not have the authority under the LDA to grant extensions for filing lobbying disclosure documents.
Mandatory Electronic Filing
The LDA (2 U.S.C. § 1604) requires mandatory electronic filing of all lobbying registrations and reports. The only exception to mandatory electronic filing is for the purpose of compliance with the ADA. The online electronic filing system provides usability for people with vision impairments who have the appropriate software and hardware. If you have questions or need assistance regarding additional ADA accommodations, please contact the Senate Office of Public Records at (202) 224-0758.
It is necessary for each active lobbyist to obtain his/her individual user identification number and password in order to file semiannual lobbyist contribution reports (LD-203) electronically with the Secretary and Clerk. The registrant must add every lobbyist name into the contribution reporting system (under the Manage Lobbyist tab) in order for the individual lobbyist to obtain an identification number and set up a private password.
Each and every registrant and lobbyist is responsible for maintaining the confidentiality and use of the user password and for all filings made using their assigned user ID and password. Filers should notify the Secretary and Clerk immediately upon learning of any unauthorized use of a user ID and/or password, as it is presumed that filings are made by the filer.
Semiannual Reporting of Certain Contributions - Contents of Report
The core information required by the LDA (2 U.S.C. § 1604(d)) and incorporated into the semiannual contribution report (LD-203) is: (1) certain contributions that are not disclosed in the quarterly activity report (LD-2); and (2) a certification that the filer has read and understands the gift and travel provisions in the Rules of both the House of Representatives and the Senate, and that the filer has not knowingly violated the aforementioned Rules.
The LDA (2 U.S.C. § 1604(d)) requires specific information regarding certain contributions and payments made by the filer (i.e., each active registrant and active lobbyist), as well as any political committee established or controlled by the filer. In determining contributions and/or payments to report, it is important to note that, in some cases, a leadership PAC (as defined by the Federal Election Campaign Act, FECA) or a former leadership PAC (for example, in the case of a lobbyist who was previously a covered official) may be a political committee established, financed, maintained, or controlled by a lobbyist. Also, a political committee that has changed from a principal campaign committee into a multicandidate committee (defined in the FECA) could be considered to have been established by a covered official or federal candidate. Finally, the FECA defines those organizations that may establish separate segregated funds (SSFs).
The LDA (2 U.S.C. § 1604(d)) requires the filer to disclose for itself, and for any political committee the filer establishes or controls:
The date, recipient, and amount of funds contributed (including in-kind contributions) to any Federal candidate or officeholder, leadership PAC, or political party committee (registered with the Federal Election Commission), if the aggregate during the period to that recipient equals or exceeds $200. Please note that contributions to state and/or local candidates and committees not required to be registered with the Federal Election Commission need not be disclosed.
The date, the name of honoree and/or honorees, the payee(s) and amount of funds paid for an event to honor or recognize a covered Legislative Branch or covered Executive Branch official (except for information required to be disclosed by another entity under 52 U.S.C. § 30104).
The date, the name of honoree and/or honorees, the payee(s) and amount of funds paid to an entity that is named for a covered Legislative Branch official, or to an entity or person in recognition of such official (except for information required to be disclosed by another entity under 52 U.S.C. § 30104).
The date, recipient, the name of the covered official, the payee(s) and amount of funds paid to an entity established, financed, maintained, or controlled by a covered Legislative or Executive Branch official or to an entity designated by such official (except for information required to be disclosed by another entity under 52 U.S.C. § 30104).
A non-voting board member (e.g. honorary or ex-officio) does not control an organization for these purposes. For purposes of the LDA, the term “designated,” for instance, includes a covered legislative branch official’s or covered executive branch official’s directing a charitable contribution in lieu of an honoraria pursuant to House, Senate, or executive branch Ethics rules. It also includes a payment that is directed to an entity by a covered official who is also on the board of the entity. In contrast, a contribution following a mere statement of support or solicitation does not necessarily constitute a reportable event under (2 U.S.C. § 1604(d)), without some further role by a covered official.
Please note that a charitable organization established by a person before that person became a covered official and where that covered official has no relationship to the organization after becoming a covered official, is not considered to be one established by a covered official.
Please also note that a covered official’s de minimis contribution to a charity (in proportion to the charity’s overall receipts of contributions) is not an indication of financing, maintaining, or controlling the charity (although supplemental facts might require reporting the contribution).
The date, the name of honoree and/or honorees, the payee(s) and amount of funds paid for a meeting, retreat, conference, or other similar event held by, or in the name of, one or more covered Legislative Branch or covered Executive Branch officials (except for information required to be disclosed by another entity under 52 U.S.C. § 30104). Costs related to non-preferential sponsorship of a multi-candidate primary/general election debate for a particular office do not have to be disclosed on an LD-203 report.
The date, the name of honoree, the payee(s) and amount of funds equal to or exceeding $200 paid to each Presidential library foundation and each Presidential inaugural committee. Please note that contributions to the official Presidential Transition Organization (“PTO”) of the President-elect and Vice President-elect are reportable under the Presidential Transition Act and not reportable under the LDA.
In the case of items 2-6 above, if a lobbyist makes a reportable payment but is reimbursed by a registrant, the registrant reports the payment as its own, rather than the lobbyist reporting the payment. This section of the LDA (2 U.S.C. § 1604(d)) is written broadly, and, in light of other legal provisions, it would be prudent to consult with the appropriate Ethics Committee, or the Office of Government Ethics, in order to determine if any event listed above is otherwise prohibited under law, Senate or House Rules, or Executive Branch regulations. For some events, it may be prudent to consult with the Federal Election Commission as well. Please note that the LDA and the Federal Election Campaign Act are not harmonized to contributions of exactly $200.
Example 1: In State “A,” a group of constituents involved in widget manufacturing decide to honor Senator “Y” and Representative “T” with the “Widget Manufacturing Legislative Leaders of 2015” plaques. Registrant “B” is aware that “Y” has checked with the Senate Select Committee on Ethics regarding her ability to accept the award and attend the coffee, and “T” has checked with the House Committee on Ethics. “B” pays caterer “Z” $500 and Hotel “H” $200 to partially fund the event. “B” would report that it paid $500 to “Z” and $200 to “H” on November 20, 2015 for the purpose of an event to honor or recognize “Y” and “T” with the plaques.
Example 2: After checking to discover if the activity is permissible, Lobbyist “C” contributes $300 on June 1, 2015 to Any State University toward the endowment of a chair named for Senator “Y.” “C” would report the information above noting that the payment was made to Any State for the endowment of “Y’s” chair.
Example 3: Senator “Y” has been asked to speak at a conference held in Washington, D.C., sponsored by a professional association of which Registrant “B” is a member. “B” makes a donation of $100 to Charity “X” in lieu of the association paying a speaking fee (i.e., a contribution in lieu of honoraria). “B” would disclose a contribution of $100 on the date of the payment, with the notation that the payment was made as a contribution in lieu of honoraria to an entity designated by “Y.”
Example 4: There is a large regional conference on “Saving Our River,” sponsored by three 501(c)(3) organizations. Senator “Y” and Representative “T” are given “Champions of Our River” awards at a dinner event that is part of the conference. Registrant “B” contributes $3,000 specifically for the costs of the dinner event, paying one of the sponsors directly. At the time of the specific or restricted contribution, “B” was aware that “Y” and “T” would be honorees. Regardless of whether “B” is a sponsor under House or Senate gift rules and although B is not listed on the invitation as a sponsor (or the like) nor is publicly held out as a sponsor (or the like), since “B” partially paid for the cost of the event, “B” would disclose a payment of $3,000 on the relevant date payable to the sponsor with the notation that “Y” and “T” were honored.
Example 5: Registrant “B,” an industry organization, hosts its annual gala dinner and gives a “Legislator of the Year” award to Representative “T.” Revenues from the gala dinner help fund Registrant “B’s” activities throughout the year. Registrant “B” must report: 1) the cost of the event (hotel, food, flowers, etc., but not indirect costs such as host staff salaries and host office overhead); 2), the payee(s) (as a convenience to filers, separate vendors may be aggregated by using the term “various vendors”); and 3) that the event honored Representative “T.” Please note that “B” must still separately report the cost of any item that “B” gave “T.” The fact that the event helped raise funds for the organization does not change the reporting requirement, though it could be noted in the filing.
Example 6: Registrant “B,” an industry organization, has an annual two-day “Washington fly-in” for its members. Among the events for its members is an event on “The Importance of Industry G to the U.S. Economy.” Senator “T” is listed on the invitation as a speaker at the event. Based on these facts alone, Registrant “B” would not need to report the event under this section. For a covered official to speak at such an event would not, in and of itself, form the basis for concluding that the official is to be honored or recognized. Supplemental facts might require reporting the cost of the event. For example, if Senator “T” were given a special award, recognition, or honor (which may not necessarily be through the receipt of a physical object) by the organization at the event, the cost of the event would have to be reported, even if the invitation did not indicate that such would be given. Simply designating a covered official as a “speaker” at an event at which the covered official receives a special award, recognition, or honor, will not permit the filer to avoid or evade reporting the expenses of the event.
Example 7: Senator “Y” and Representative “T” are “honorary co-hosts” of an event sponsored by Registrant “R” to raise funds for a charity, which is not established, financed, maintained, or controlled by either legislator. “Y” and “T’s” passive allowance of their names to be used as “co-hosts,” in and of itself, is not sufficient to be considered “honored or recognized.” The purpose of the event is to raise funds for Charity “V,” not to honor or recognize “Y” or “T.” Nor are these facts (i.e. being passive honorary co-hosts), in and of themselves, sufficient to treat the event as being held “by or in the name” of “Y” or “T.” Supplemental facts might require reporting the cost of the event.
Example 8: Registrant “R” sponsors an event to promote “Widget Awareness.” “The Honorable Cabinet Secretary Z” is listed on the invitation as an “attendee” or “special invitee” but will not receive an honor or award at the event. Based on these facts alone, “R” would not need to include the costs of this event on “R’s” disclosure under this section. Mere listing of “Z’s” anticipated attendance at an event the purpose of which is to promote Widget Awareness, in and of itself, is not sufficient to be considered “honored or recognized”. Use of the phrase “The Honorable” in this context is consistent with widely accepted notions of protocol applicable to referencing certain very senior government officials. Supplemental facts might require reporting the cost of the event. For instance, if “Z” received a special award, honor, or recognition by “R” at the event, “R” would have to report the costs of the event noting that “Z” was being honored or recognized.
Example 9: Registrant “B” buys a table at a dinner event sponsored by a 501(c) organization to honor Representative “T” but Registrant “B” is not considered a sponsor of the event under House and Senate gift rules. Lobbyist “C” pays the $150 individual ticket cost to attend the dinner, but is not considered a sponsor of the event under House and Senate gift rules. The purchase of a table or ticket to another entity’s event, in and of itself, is not sufficient to be considered paying the “cost of an event.” Supplemental facts might require reporting the cost of the event. For example, if (1) “B” or “C” undertake activities such that “B” or “C” becomes a sponsor of the event for House and/or Senate gift rule purposes; or (2) “B” or “ C” purchase enough tickets/tables so that it would appear that they are paying the costs of the event and/or would not appear to be just ticket or table-buyers (regardless of whether “B” or “C” is a sponsor under House or Senate gift rules), then “B” or “C” would need to report the costs incurred by “B” or “C” (as the case may be) for the event, noting that Representative “T” was the honoree. In the case of filers purchasing multiple tickets and/or tables to an event, a case-by-case analysis will be needed to determine if the quantity is such that it would appear that the filer is paying the costs of the event.
Example 10: Lobbyists “C” and “D” serve on the board of a PAC as member and treasurer respectively. As board members, they are in positions that control direction of the PAC’s contributions. Since both are controlling to whom the PAC’s contributions are given, they must disclose applicable contributions of the PAC on their semiannual LD-203 reports. If “C” and “D” serve on the board of a Separate Segregated Fund (SSF), they may report that they are board members of an SSF in lieu of reporting the SSF’s applicable contributions as long as the SSF’s contributions are reported in the connected organization’s semiannual contribution report (LD-203).
Example 11: Registrant “L” holds an annual fundraising event that honors one person from each of the 50 states whom “L” deems to have played a significant role for the cause “L” supports. In 2015, four of the honorees were covered legislative and executive officials. “L” must disclose the total amount that it paid for the event, disclosing in the payee section “various vendors,” and disclosing the names of the four covered officials. Although not required, and thus at its option, “L” could note in the comments section that four of the 50 honorees were covered officials. This section of the LDA (2 U.S.C. § 1604(d)) does not contemplate a breakdown, delineation, or separation of expenses.
Example 12: Registrant “O” is a university. In June 2015, in conjunction with its commencement event, “O” conferred an honorary degree upon Senator “P.” “O” would report all payments relating to the commencement event (chair rental, lunch for honorees, etc.) on its semiannual contribution report (LD-203), listing “various vendors” as the payee, and Senator “P” as the honoree. Although not required, and thus at its option, “O” could comment that “P” received an honorary degree.
The semiannual contribution report (LD-203) requires a certification that the filer has read and is familiar with those provisions of the Standing Rules of the Senate and the Rules of the House of Representatives relating to the provisions of gifts and travel and has not provided, requested, or directed a gift, including travel, with knowledge that receipt of the gift would violate either Chamber’s Rules. Filers check the box to make this certification, and the user’s ID and password verifies the filer’s identity.
Each and every registrant and lobbyist is responsible for maintaining the confidentiality and use of the user password and for all filings made using their assigned user ID and password. Filers should notify the Secretary and Clerk immediately upon learning of any unauthorized use of a user ID and/or password, as it is presumed that filings are made by the filer.
Please note that in the case of a registrant, a signatory is an individual who is responsible for the accuracy of the information contained in the lobbying registration or report. In all cases an individual lobbyist is responsible for all information contained in his or her report. Under the LDA (2 U.S.C. § 1605), the Secretary and Clerk refer to the U.S. Attorney the names of registrants and lobbyists who fail to provide an appropriate response within sixty (60) days to either officer’s written communication rather than the name of the signatory. Both signatories and any third-party preparers should retain appropriate documentation to verify report contents. Third-party preparers should also retain appropriate documentation to demonstrate that they have authorization to make such filings on behalf of all filers (including lobbyist-employees of registrants) using their services.
Each registrant and active lobbyist, regardless of any contribution activity or any lack thereof, must file a semiannual contribution report (LD-203) due to the certification provision.
Section 8 – Termination of a Lobbyist/Termination of a Registrant
Termination/Delisting of a Lobbyist
The LDA is not specific as to how far into the future the registrant should project an expectation that an individual will act as a lobbyist. It seems neither realistic nor necessary to expect registrants to make such projections beyond the next succeeding quarterly reporting period. Accordingly, if a registrant reasonably expects an individual to meet the definition of a lobbyist in either the current or next quarterly period, the lobbyist should remain in an “active” status. If a registrant does not believe this to be the case, the lobbyist can be delisted from the list of lobbyists for the registrant or client. A registrant may terminate a lobbyist by delisting the name only when (i) that individual’s lobbying activities on behalf of that client did not constitute at the end of the current quarter, and are not reasonably expected in the upcoming quarter to constitute, 20 percent of the time that such employee is engaged in total activities for that client; or (ii) that individual does not reasonably expect to make further lobbying contacts. In order to properly terminate/delist a lobbyist, the registrant must complete the Information Update page of the quarterly activity report (LD-2), which is used to Update Previously Reported Lobbyist names who are no longer expected to act as lobbyists for the client due to changed job duties, assignments, or employment status. Amending the registration (LD-1) or quarterly activity report (LD-2) to erase a previously listed lobbyist, is not a proper lobbyist termination/delisting. Simply omitting a lobbyist name from a quarterly activity report is not sufficient to terminate/delist a lobbyist name.
Example 1: Lobbying Firm “Y” registers for Client “Z” on March 15, 2015, listing employees “A,” “B,” “C,” and “D” on the registration (LD-1). For the first quarterly reporting period in 2015, “Y” will list “A,” “B,” and “C” on the quarterly activity report (LD-2). “D” has no lobbying activities for that quarterly period, so he would not be listed. During the second quarter of 2015, “D” leaves firm “Y” to start his own lobbying business. For the second quarterly period, “Y” will report that “D” no longer meets the definition of “lobbyist” for Client “Z” and delist “D” in the Information Update page of the quarterly activity report (LD-2).
Example 2: Lobbying Firm “Y” registers for Client “Z” as above listing the aforementioned “A,” “B,” “C,” and “D” as lobbyists on March 15, 2015. One month after registration, “C” and “D,” who engaged in lobbying activities for “Z” as partners of “Y,” decide to leave the partnership effective June 1, 2015. On the Q2 Report for 2015, “Y” would report any lobbying activity for “C” and “D” on the quarterly activity report (LD-2). “Y” would also reflect “C” and “D’s” departure by delisting them on the Information Update page in the same report.
An individual who no longer meets the definition of lobbyist under 2 U.S.C. § 1602(10) can be relieved from having to file a contribution report (LD-203) for future semiannual periods by properly delisting the lobbyist name on the quarterly activity report (LD-2). This is accomplished by the registrant listing such an individual on the Information Update page of the quarterly activity report (LD-2) for each client for which the individual was previously listed. The obligation to file a contribution report (LD-203) arises from being listed as a lobbyist and not being terminated/delisted by the registrant/employer. Thus, if a lobbyist has not been properly terminated/delisted on the Information Update page of the quarterly activity report (LD-2) for every client for which the lobbyist was listed, the Secretary and Clerk will expect to receive a semiannual contribution report from him/her.
Example: Registrant “A” employs Lobbyist “C” who has lobbying activity on behalf of Client “R” in January and February 2015. In March, Lobbyist “C” no longer expects to engage in lobbying activities for “R” or any other client in the firm, although “C” will continue to do non-lobbying consultation for numerous clients. “A” delists Lobbyist “C” as an active lobbyist by listing “C” on the Information Update page of the quarterly activity report (LD-2) for the Q1 reporting period, and “C” is not listed on subsequent quarterly activity reports. However in July, Lobbyist “C” is required to file a contribution report (LD-203) due July 30 disclosing his activity from January 1 through the date of his termination/delisting.
Termination of a Registrant/Client Relationship
Under the LDA (2 U.S.C. § 1603(d)), a lobbying firm may terminate a registration for a particular client when it is no longer employed or retained by that client to conduct lobbying activities and anticipates no further lobbying activities for that client. An organization employing in-house lobbyists may terminate its registration when in-house lobbying activities have ceased and are not expected to resume. Similarly, in situations in which a registration is filed in anticipation of meeting the registration threshold that subsequently is not met, a registrant also has the option of termination. The obligation to report quarterly under the LDA arises from active status as a registrant; a report disclosing the final lobbying activity of a registrant is mandatory. In order to terminate the registration, the registrant must file the quarterly activity report (LD-2) by the next quarterly filing date, checking the “Termination Report” box, and supplying the date that the lobbying activity terminated. A valid termination report discloses lobbying income or expenses and any lobbying activity by lobbyists during the period up to and including the termination date.
Example 1: Lobbying Firm “A” accepted a contract with Client “B” on January 1, 2015, began lobbying activities, and timely registered on or before February 14. On March 31, the contract with “B” ended. Lobbying Firm “A” must file a quarterly activity report (LD-2) by April 20, 2015, disclosing the lobbying income from and lobbying activity for Client “B” that took place during the period January 1 through March 31. In the filing system, the firm will select the First Quarter and check the box for a “Termination Report” and enter the termination date as “3/31/2015.”
Example 2: Corporation “C” filed its registration on February 14, 2015, listing employee “E” as its only lobbyist. Through March 31, “E” spends less than 20 percent of her total time in lobbying activities. “C” would not have filed a registration if it had foreseen that its lobbying activities would be so limited, and there is no expectation that “E” or any other employee of “C” will meet the 2 U.S.C. § 1602(10) definition of “lobbyist” for the April–June quarterly period nor that lobbying expenses will exceed $14,000. While Corporation “C” as a registrant must file a report for January–March 2015, “C” will check the “Termination Report” box and enter 3/31/15 as the termination date. “C” will also disclose the amount of expenses for the reporting period, and “E’s” lobbying activity for the reporting period.
Section 9 – Relationship of the LDA to Other Statutes
Lobbying Disclosure and FARA
The LDA reflects a determination that the Foreign Agents Registration Act (FARA) standards are appropriate for lobbying on behalf of foreign governments and political parties, but that LDA disclosure standards should apply to other foreign lobbying. An agent of a foreign commercial entity is exempt under FARA if the agent has engaged in lobbying activities and registers under the LDA (2 U.S.C. § 1603). An agent of a foreign commercial entity not required to register under the LDA (such as those not meeting the de minimis registration thresholds) may voluntarily register under the LDA. The statute affirms the bright line distinction between governmental and non-governmental representations, and is not meant to shroud foreign government enterprises. Questions relating to the Foreign Agents Registration Act must be directed to the Department of Justice Foreign Agent Registration Unit at (202) 233-0776 or (202) 233-0777, or by email at fara.public@usdoj.gov.
LDA and IRC
Restrictions on lobbying by tax-exempt organizations are governed by the definitions in the Internal Revenue Code (IRC), not those of the LDA. The LDA and the IRC intersect in three different ways.
First, the LDA (2 U.S.C. § 1610) defines which registrants are eligible for the “safe harbor.” This allows entities that are required to report and do report lobbying expenditures under 26 U.S.C. § 6033(b)(8) of the IRC to use IRC definitions for purposes of LDA sections 2 U.S.C. § 1603(a)(3) and 2 U.S.C. § 1604(b)(4). The LDA (2 U.S.C. § 1610) also allows entities that are subject to 26 U.S.C. § 162(e) of the IRC to use IRC definitions for purposes of LDA sections 2 U.S.C. § 1603(a)(3) and 2 U.S.C. § 1604(b)(4).
Second, the LDA advises registrants regarding how they should use IRC definitions. Registrants who make the LDA expense election must use for other reporting the IRC definitions (including the IRC definition of a covered Executive Branch official) for Executive Branch lobbying, and the LDA definitions for Legislative Branch lobbying.
Third, the LDA allows electing registrants to insert the amount that is ultimately reportable to the Internal Revenue Service for LDA quarterly activity reports (LD-2).
LDA and False Statements Accountability Act of 1996
The False Statements Accountability Act of 1996, amending 18 U.S.C. § 1001, makes it a crime knowingly and willfully: (1) to falsify, conceal, or cover up a material fact by trick, scheme, or device; (2) to make any materially false, fictitious, or fraudulent statement or representation; or (3) to make or use any false writing or document knowing it to contain any materially false, fictitious, or fraudulent statement or entry; with respect to matters within the jurisdiction of the Legislative, Executive, or Judicial branch. The False Statements Accountability Act does not assign any responsibilities to the Secretary and the Clerk.
LDA and Prohibitions on the Use of Federal Funds for Lobbying
The LDA does not itself regulate lobbying by federal grantees, or contractors, though other laws, as well as contractual prohibitions, may apply. Questions concerning lobbying activities of federal grantees or contractors should be directed to the appropriate agency or office administrating the contract or grant.
Note, however, that 2 U.S.C. § 1611 prohibits 501(c)(4) organizations which engage in lobbying activities from receiving federal funds through an award, grant, or loan.
Section 10 – Public Availability
The LDA requires the Secretary of the Senate and the Clerk of the House of Representatives to make all registrations and reports available for public inspection over the Internet as soon as technically practicable after the report is filed.
Filers are encouraged to use the online databases of lobbying reports to verify compliance. Each database is searchable, sortable, and downloadable. Registrations and reports are available online at the House website at http://lobbyingdisclosure.house.gov, as well as the Senate website at http://www.senate.gov/lobby.
Section 11 – Review and Compliance
The Secretary of the Senate (Office of Public Records) and the Clerk of the House (Legislative Resource Center) must review, verify, and request corrections in writing to ensure the accuracy, completeness, and timeliness of registrations and reports filed under the LDA.
Section 12 – Penalties
Whoever knowingly fails: (1) to correct a defective filing within 60 days after notice of such a defect by the Secretary of the Senate or the Clerk of the House; or (2) to comply with any other provision of the Act, may be subject to a civil fine of not more than $200,000, and whoever knowingly and corruptly fails to comply with any provision of this Act may be imprisoned for not more than 5 years or fined under Title 18, United States Code, or both.
For Further Information
Senate Office of Public Records
232 Hart Senate Office Building
Washington, DC 20510
(202) 224-0758
http://www.senate.gov/lobby
Legislative Resource Center
B-81 Cannon House Office Building
Washington, DC 20515
(202) 226-5200
http://lobbyingdisclosure.house.gov
1The Secretary and the Clerk review the Guidance periodically. Any questions, comments, and suggestions should be directed to the Senate Office of Public Records and the House Legislative Resource Center.
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---https://www.irs.gov/charities-non-profits/lobbying from google ( lobbying law rule ) result 6
In general, no organization may qualify for section 501(c)(3) status if a substantial part of its activities is attempting
to influence legislation (commonly known as lobbying). A 501(c)(3) organization may engage in some lobbying, but too much lobbying activity risks
loss of tax-exempt status.
Legislation includes action by Congress, any state legislature, any local council, or similar governing body, with respect to acts, bills,
resolutions, or similar items (such as legislative confirmation of appointive office), or by the public in referendum, ballot initiative,
constitutional amendment, or similar procedure. It does not include actions by executive, judicial, or administrative bodies.
An organization will be regarded as attempting to influence legislation if it contacts, or urges public to contact , members or employees of
a legislative body for the purpose of proposing , supporting , or opposing legislation , or if that organisation advocate the adoption or
rejection of legislation.
but organizations may involve themselves in issues of public policy without the activity being considered as lobbying.
For example , organisations may conduct educational meetings , prepare and distribute educational materials , or
otherwise consider public policy issues in an educational manner without jeopardising their tax-exempt status.
Interactive training
Learn more about the benefits, limitations and expectations of tax-exempt organizations by attending 10 courses at the online Small
to Mid-Size Tax Exempt Organization Workshop.
Additional information
Measuring lobbying activity: substantial part test
Measuring lobbying activity: expenditure test
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---https://www.reuters.com/legal/legalindustry/lobbying-regulation-global-phenomenon-2023-11-06/ from google ( lobbying law rule ) result 10
publish-date : November 6, 20239:40 PM UTCUpdated ago
scriber : Ki Hong, Tyler Rosen and Aanchal Chugh
Lobbying regulation: a global phenomenon
CommentaryAttorney Analysis from Westlaw Today, a part of Thomson Reuters.
Pedestrians walk through an office building in Tokyo January 8, 2009. Deepening economic problems are forcing the government to prioritise spending to support the economy rather
than steps to restore its tattered finances. REUTERS/Yuriko Nakao(JAPAN) Purchase Licensing Rights, opens new tab
November 6, 2023 - There is an old D.C. legend that the term 'lobbyist' originated from those who would gather in lobby of Willard Hotel,
across the street from White House, to petition President Ulysses S. Grant during his evening cigar-and-brandy visits.
In fact, the term's origin goes back a few centuries earlier to people who would congregate in lobby of English House of Commons to appeal
to Members of Parliament.
Although the term may have been an import, the legal regulation of lobbyists developed first in, and was for many years unique to, the U.
S. However, in recent years it is increasingly being exported around the world.
The U.S. federal government made its first attempt to regulate lobbying in 1876 when the House of Representatives approved a resolution
requiring lobbyists to register with House Clerk. Then, after World War 2 Congress enacted Federal Regulation of Lobbying Act of 1946 ,
which established a system of lobbyist registration and disclosure .
That Act required anyone whose "principal purpose" was to influence passage or rejection of legislation in Congress to register and
file quarterly financial reports . Violating any of that reporting requirements was punishable by a fine up to 5,000 usd or 1 year imprisonment and
3-year ban on lobbying. Being nation's first attempt to legislatively address lobbying , that Act did not cover Congressional staff,
executive branch, or a large amount of grassroots lobbying. There was also broad non-compliance with that Act.
Nearly 50 year later , Congress enacted Lobbying Disclosure Act of 1995 (LDA) which created sweeping reform to the way lobbying activity
was regulated . Driven in part by lobbying and corruption scandals , such as Wedtech federal contracting scandal in late 1980s ,
LDA expanded definition of lobbyists to include both in-house lobbyists (employees lobbying on behalf of their employer's interests) and
outside lobbyists (persons lobbying on behalf of 3-rd-party client) , while also expanding the scope of covered officials to include
Members of Congress and Congressional staff and political appointees in executive branch.
lda also covers attempts to influence executive branch decisions .
LDA was further amended in year 2007 by Honest Leadership and Open Government Act , which significantly strengthened disclosure requirements and
increased penalties for violations , as well as banned gifts and entertainment of Congressional officials .
A company must register if any employee spend at least 20 % of their time lobbying in 3-month period and makes 2 or more lobbying contacts
during their employment with that company and that company spend at least 14,000 usd on lobbying in 3-month period.
Outside lobbyists have a lower trigger as that 20 % threshold is calculated based on their work for any 1 client and instead of
that 14,000 usd expenditure threshold , registration is triggered by receiving 3,000 usd in lobbying compensation.
While lobbying regulation was increasing in usa , it was also expanding internationally. Expansion started slowly , from year 1940s to early 2000s ,
only 4 countries regulated lobbying practices: usa (1946) , Germany (1951) , Australia (1983) , Canada (1989) .
but , since then , number of countries with lobbying laws exploded , again often in response to political scandals .
Today there are lobbying laws in at least 29 countries . They are common across Europe , and making inroads in Asia (e.g., Taiwan) and
South America (e.g., Peru).
Indeed, we expect prevalence of these laws to continue to increase as international organizations, such as Organisation for Economic Co-operation and
Development , recommend that countries adopt lobbyist registration regimes . Beyond growth in these laws , there has also been a shift
in existing laws away from voluntary registries to enforceable legal requirements .
These laws generally promote transparency and minimise clandestine influence on government processes.
However, there are differences in who must register , types of activities being regulated , how activities are disclosed , and
how violations are punished . To illustrate, we compare and contrast several lobbyist registration regimes : uk , France , Germany , European Union.
The laws vary in terms of who is required to register . UK's Transparency of Lobbying , Non-Party Campaigning and Trade Union Administration Act
only applies to external consultant lobbyists who are registered under Value Added Tax Act 1994 (i.e., having annual turnover in excess of 85,000 gbp ),
whereas other laws can apply to both consultant and in-house lobbyists . Indeed , Germany's Lobby Register Act is similar to LDA , in that
it sets a lower threshold for triggering registration for external lobbyists than employees lobbying on behalf of their own employer.
There is no registration threshold for companies in Germany that lobby on a professional basis for 3-rd party , whereas companies lobbying
on their own behalf need only register if they do so regularly or by making more than 50 lobbying contacts in 3-month period.
Lobbying includes attempting to influence decisions of Bundestag , its Members , and subdivisions as well as Chancellor , federal department heads ,
and state secretaries . France and EU do not explicitly distinguish between external and in-house lobbyists , though in practice it may still be
more likely for external consultants to trigger registration given the nature of their activity and the laws' registration threshold.
France's 2-nd Sapin Law only require registration if someone spend more than half of their time engaged in lobbying activities during
6-month period or during 12-month period, carrying out more than 10 lobbying activities . Lobbying activity is defined as communication
initiated by a lobbyist toward a public official relating to a regulation , legislation , or individual public decision for purpose of
influencing such decision.
There are also differences regarding what type of activity constitutes lobbying as not all interaction with government officials is necessarily covered.
For example , EU's lobby law covers seeking to influence EU decision-making , participating in consultations and hearings ,
organising communication campaigns and grassroots initiatives , and preparing policy papers and other types of communication ,
but exempts submissions within framework of a legal or administrative procedure , responses to requests for information, and even spontaneous meetings.
UK's definition is limited to communications with a Minister of Crown or Permanent Secretary (or equivalents), while Germany require contact
with Bundestag or parliamentary state secretaries , state secretaries , heads of departments and heads of subdepartments .
France's law also limits government officials who are covered , and exempts communications initiated by a public official .
Each of these laws require some form of ongoing reporting for registrants . EU and German laws require ongoing updates to
information contained in their registries , such as issues promoted , clients being represented , and resources spent.
France requires annual reporting , while UK match LDA's cadence of quarterly reports .
Violations of these laws can all be punished with monetary penalties, except for EU where enforcement mechanism for violations is denial of access
and lobbyist privileges. But even these non-monetary consequences are an evolution from EU's prior voluntary registration regime .
French law and LDA also permit criminal enforcement under certain circumstances . Moreover , there is always potential reputational harm
that can come from a violation of any of these laws.
These laws have a great deal in common as well as their own unique nuances . For a company operating cross-borders , it is increasingly important
to understand both big-picture concepts common to lobby laws in different jurisdictions (such as categories of covered activity and
registration thresholds we compare and contrast above) as well as particulars of the laws of a particular country in which that company operates.
Indeed, companies should design compliance programs and develop teams , whether internal or external , that are fluent in principles of
lobbying regulation while having a global reach to coordinate filings and advice in countries where company and its employees trigger registration .
Lobbying, and its regulation, has come a long way from smoke-filled lobby at the Willard .
Ki Hong is a regular contributing columnist on political law for Reuters Legal News and Westlaw Today.
Ki Hong
Ki Hong is a partner at Skadden, Arps, Slate, Meagher & Flom LLP and head of the firm's political law compliance and investigations group.
He advises major corporations on the unique political law issues they face when engaging in government affairs or government procurement activity.
He is based in Washinton, D.C., and can be reached at ki.hong@skadden.com.
Tyler Rosen
Tyler Rosen is a counsel at the firm in the political law compliance and investigations group. He advises clients on pay-to-play,
campaign finance, lobbying, and gift and conflict of interest compliance matters at the federal, state and local levels and on ESG considerations
in the political law space. He can be reached at tyler.rosen@skadden.com.
Aanchal Chugh
Aanchal Chugh is an associate at Skadden, Arps, Slate, Meagher & Flom LLP in the political law group. She can be reached at aanchal.chugh@skadden.com.
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---https://www.fppc.ca.gov/learn/lobbyist-rules.html from google ( lobbying law rule ) result 2
Lobbyist Rules
The Political Reform Act requires individuals, businesses and other organizations that make or receive payments
to influence state governmental decisions – such as advocating for or against legislative bills and state agency regulations –
to register as lobbyists and submit periodic reports of their lobbying activity.
You can access these reports through California’s statewide campaign finance and lobbying database, Cal-Access.
The Act does not regulate individuals or other entities that lobby the federal government, or city, county or other local government agencies.
The following are common terms used for lobbying rules:
Lobbyist/Lobbying Firm
A lobbyist is an individual who is compensated to communicate directly with any state, legislative or agency official to influence legislative or
administrative action on behalf of his or her employer or client.
An individual who receives reimbursement only for reasonable travel expenses is not a lobbyist.
A lobbying firm is a business that is compensated to communicate directly with any state, legislative or agency official
to influence legislative or administrative action on behalf of a client.
Lobbyist Employers/Lobbying Coalitions
A lobbyist employer is an individual, business or other organization that employs a lobbyist or hires a lobbying firm.
A lobbying coalition is a group of 10 or more individuals, businesses or other organizations that pool their funds for the purpose of
hiring a lobbyist or lobbying firm.
$5,000 Filers
A $5,000 filer is an individual or entity that does not make payments to a lobbyist or a lobbying firm, but still spends $5,000 or more in
a calendar quarter to influence legislative or administrative action, such as placing an advertisement or sending a mailing urging others
to contact their legislators concerning pending legislation.
Placement Agents
A placement agent is any person hired, engaged, or retained by, or serving for the benefit of or on behalf of, an external manager, or
on behalf of another placement agent, who acts or has acted for compensation as a finder, solicitor, marketer, consultant, broker, or
other intermediary in connection with the offer or sale of the securities, assets, or services of an external manager to a board or
an investment vehicle, either directly or indirectly. Individuals who serve as placement agents before an entity such as CalPERS or
CalSTRS must register as lobbyists and file disclosure reports.
Placement Agents: Lobbying Registration Fact Sheet
Placement Agents: Lobbying Disclosure Fact Sheet
Ethics Training for Lobbyists
California Government Code Section 86103 requires (state) lobbyists to attend an ethics course as a condition of registration.
The Senate Committee on Legislative Ethics and Assembly Legislative Ethics Committee jointly conduct the ethics courses for lobbyists.
Please see the Secretary of State's website for more information on training. Those who lobby local agencies should contact
the local jurisdiction for information on possible requirements.
Gifts: Limits and Restrictions on Lobbyists
Lobbyists and lobbying firms are prohibited from making a gift or gifts totaling more than 10 usd in a calendar month to a state,
legislative or agency official (including designated state employees) if that lobbyist or lobbying firm is registered to lobby
governmental agency at which that official works.
State, legislative and agency officials (including designated state employees) are prohibited from receiving gifts totaling more than 500 usd
in a calendar year from a single source. This prohibition includes gifts from lobbyist employers and $5,000 filers.
Helpful Lobbying Resources
Lobbying Manual
Lobbying FAQs
Reporting Other Payments to Influence Legislative or Administrative Action
Chart - Registration/Termination Forms Required for Lobbyists and Lobbying Entities
Chart - Quarterly Reports Required for Lobbyists and Lobbying Entities
Cal-Access: Lobbying Activity (Secretary of State)
Secretary of State Lobbying Information
==========================================================================================================================================================================
---https://www.fppc.ca.gov/content/dam/fppc/NS-Documents/TAD/Lobbying/Lobbying_FAQs.pdf
California Fair Political Practices Commission
Lobbying Frequently Asked Questions
The $10 Gift Limit Lobbyists & Lobbying Firms
The Political Reform Act (the “Act”) defines a “gift” as any payment that confers a personal benefit
on the recipient to the extent that consideration of equal or greater value is not received. This
includes a rebate or discount in the price of anything of value unless the rebate or discount is made
in the regular course of business to members of the public without regard to official status.
The term “gift” does not include:
(1) Informational material which is provided for the purpose of assisting the recipient in the
performance of his or her official duties, such as books, reports, pamphlets, calendars,
periodicals, videotapes, or free or discounted admission to informational conferences or
seminars. A payment for travel or reimbursement for any expense is not “informational
material.”
(2) Gifts that are not used and, within 30 days of receipt, are returned to the donor or delivered to
a charitable organization without being claimed as a charitable contribution for tax purposes.
(3) Gifts from an individual’s spouse, child, parent, grandparent, grandchild, brother, sister,
parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, (including grand
nieces, nephews, aunts, and uncles) first cousin, (including once removed first cousin), or the
spouse of any such person. However, if any such person is acting as an agent or intermediary
for any person not covered by this paragraph, the payment is considered to be a gift.
(4) Campaign contributions.
(5) Any devise or inheritance.
(6) Personalized plaques and trophies with an individual value of less than $250.
Q. Will the FPPC be changing the $10 per month limit on gifts from lobbyists?
A. The Commission has no authority to amend any statute, including the lobbyist gift limit.
The authority to amend the Act rests with the Legislature or with the voters, by means of
the initiative process.
Q. Are gifts between a lobbyist and his or her spouse limited when the spouse is a reportable
person, e.g., legislative staff member?
A. No. As noted above, gifts from family members are not limited by the Political Reform Act.
Q. May a lobbyist take an official to lunch and pay for the lunch with personal funds without
regard to the $10 gift limit?
A. No. The lobbyist may not provide a gift to an official of more than $10 within a calendar
month, even if the lobbyist pays for the gift from personal funds and will not be
reimbursed by his or her employer.
Q. May two lobbyists take an official to lunch and each pay $10 to purchase a $20 lunch for
the official?
A. No. A lobbyist may not pay any amount toward a gift for an official if the official will
receive more than $10 in benefit.
Q. How may a lobbyist take an official to dinner at a restaurant where all meals cost more
than $10?
A. The lobbyist may pay $10 toward the official’s meal, with the balance paid by the official.
In addition, a lobbyist may attend a meal arranged and paid for by someone other than
the lobbyist or a lobbying firm, such as the lobbyist employer, so long as a representative
of the employer who is not a lobbyist hosts the meal.
Q. May an official and spouse spend a weekend at the vacation home of a lobbyist if the
lobbyist does not stay at the house the entire weekend?
A. If the lobbyist or a member of the lobbyist’s immediate family does not stay with the
official, use of the home is a gift from the lobbyist, subject to the $10 limit. Because the
value of the use of the home would exceed the $10 limit, the official could not stay at the
vacation home. An official and spouse may no longer stay at a lobbyist’s home even if the
lobbyist is there unless there is some independent relationship between the lobbyist and
the official and the stay is related to that purpose.
Q. Does the $10 gift limit affect holiday gift exchanges between lobbyists and officials?
A. Yes. Except as noted above, a lobbyist may not give a gift of more than $10 to any official
even if there is reciprocity. There is no holiday “time out.”
Q. May a lobbyist employer arrange and pay for a gift of dinner and entertainment with a cost
of $400 for an official, so long as the lobbyist is not involved?
A. Yes. The $10 gift limit does not apply to lobbyist employers.
Q. If a lobbyist employer offers a reduced registration fee to officials to attend its conference,
will officials who attend receive a gift?
A. When attendance at a conference assists an official in the performance of his or her
duties, the conference is considered “informational material.” This means that free or
reduced admission granted to an official is not reportable by the lobbyist employer that
provides the admission.
Anything of value, however, other than free admission given to the official, such as meals,
lodging, or transportation, will likely be considered gifts, even if provided in connection
with the conference. These gifts would be subject to the $10 gift limit if made or arranged
by a lobbyist or lobbying firm.
Q. If a lobbyist or lobbyist employer purchases several tickets to a fundraiser for a charitable
organization qualified under Section 501(c)(3) of the Internal Revenue Code, or to a
political fundraiser for a candidate or committee, may the lobbyist or lobbyist employer
provide those tickets to legislative or agency officials so that they can attend the event?
A. A ticket (or other admission privilege) to a nonprofit or political fundraiser provided to a
public official by someone other than a 501(c)(3) charitable organization or committee
hosting the event is a gift to the official, subject to the $10 gift limit from lobbyists and
lobbying firms, and the $5001 calendar year gift limit from other sources.
1 The Commission will review the annual gift limit in 2020. The limit is subject to recalculation for the period of January 1,
2021 – December 31, 2022
Arranging Gifts
A lobbyist “arranges for the making of a gift” if the lobbyist, either directly or through an agent, does
any of the following:
a) Delivers a gift to the recipient.
b) Acts as the representative of the donor, if the donor is not present at the occasion of a gift.
This does not include accompanying the recipient to an event where the donor will be present.
c) Invites or sends an invitation to an intended recipient regarding the occasion of a gift.
d) Solicits responses from an intended recipient concerning his or her attendance or
nonattendance at the occasion of a gift.
e) Is designated as the representative of the donor to receive responses from an intended
recipient concerning his or her attendance or nonattendance at the occasion of a gift.
f) Acts as an intermediary in connection with the reimbursement of a recipient’s expenses.
Q. May a lobbying firm for an association arrange for an out-of-state speaking engagement
for an official to speak at the association’s annual convention?
A. Out-of-state travel, including travel in connection with the making of a speech, is
considered a gift to the official. Because out-of-state travel would exceed the $10 gift
limit, the arrangements for the speaking engagement cannot be made by a lobbying firm,
lobbyist, or a person acting as the agent of the lobbying firm or lobbyist.
Q. May a lobbyist arrange for a gift of more than $10 to an official if the lobbyist is acting in
his or her capacity as the executive director of an association?
A. No. Regardless of other roles a lobbyist may have, the gift limit, and the prohibition
against arranging for gifts over $10, applies.
“Informational Material”
Q. Would an “educational” video dealing with a subject that is the focus of current or
proposed legislation be considered “informational material?”
A. The exception to the gift definition for informational material would include a video
provided for the purpose of assisting the recipient in the performance of his or her official
duties.
Contribution Restrictions for Lobbyists
An elected state officer or candidate for elective state office may not accept a contribution from a
lobbyist, and a lobbyist may not make a contribution to an elected state officer or candidate for
elective state office, if that lobbyist is registered to lobby the governmental agency for which the
candidate is seeking election or the governmental agency of the elected state officer.
Q. May a lobbyist or a cohabitant of a lobbyist hold a fundraiser for a reportable official at the
lobbyist’s home or office?
A: No. The cost related to a fundraiser is a contribution. Lobbyists may not make personal
contributions to a candidate or officeholder if the lobbyist is registered to lobby the
candidate or officeholder’s agency.
Q. May a lobbyist registered to lobby the Legislature make a contribution to a ballot measure
committee controlled by an Assembly member or state senator?
A. No. A lobbyist may not make a contribution to state or local committee controlled by a
candidate or officeholder if the lobbyist is registered to lobby the candidate or
officeholder’s agency.
Q. May a lobbyist make a contribution to a legislator’s committee for federal office even if the
lobbyist would be prohibited from making a contribution to the legislator’s state
committee?
A. Yes. There is no prohibition under the Act on lobbyists making contributions to a
candidate’s committee for federal office.
Q. The partners of a lobbying firm are not lobbyists. May these partners make a contribution
to a state candidate from funds of the lobbying firm?
A. Yes. A lobbying firm may make a contribution to a state candidate, if no lobbyist
participates in the decision to make a contribution.
Q: If a lobbying firm hosts a fundraiser, are the costs associated with the fundraiser
contributions?
A: Yes. A contribution includes a payment a lobbying firm makes related to a fundraising
event held at the office of the lobbying firm, including the value of the use of the office.
No lobbyist may participate in the decisions related to hosting the fundraiser.
Q. I am registered to lobby the Secretary of State’s office. May I attend the fundraiser of a
candidate running for that office if my employer purchases the ticket?
A. Yes. The prohibition against a lobbyist making a contribution to a state candidate does
not preclude a lobbyist from delivering a contribution made by his or her lobbyist
employer.
Revolving Door
Q. Do the revolving door provisions affect legislative staff?
A. The revolving door provisions do not affect legislative staffers, except for the provision in
Government Code Section 87407, which prohibits a designated employee of the
Legislature from making or participating in making, or using his or her official position to
influence any person with whom he or she is negotiating, or has any arrangement
concerning prospective employment. This rule also applies to legislators, all other elected
state officials, and state agency employees.
Q. Does the one year employment ban found in Government Code Section 87406 apply to
appointed state board members?
A. The one year employment ban includes officers and members of state administrative
agencies. An appointed board member of a state administrative agency is an officer or
member of the agency, and would be subject to the prohibition.
Q. Do the revolving door provisions apply to former state officers or employees who go to
work for other state agencies?
A. The revolving door provisions do not pertain to state officers or employees who leave their
positions and go to work for other state agencies, boards, or commissions so long as the
appearance is on behalf of the state agency, board or commissions. If the appearance is
on behalf of anyone else, and the employee is compensated, the revolving door
restrictions apply.
Miscellaneous
Q. A lobbyist may not be paid on a “contingency” basis. Does this mean that a lobbyist is
prohibited from receiving a payment upon introduction of a bill, and then another payment
upon passage by the Senate, and then another upon the bill being signed into law, and no
payment if it fails?
A. Yes, all of the above, any payments received based on the outcome of legislation or
administrative action are prohibited.
Q. A legislator will be a guest speaker at a lobbyist employer’s annual convention in San
Diego. The lobbyist employer will pay for one night’s lodging, food, and beverages the
day of the speech. What are the reporting obligations?
A. The lobbyist employer must send a gift notification to the legislator within 30 days and
also report the expenses on the employer’s quarterly report, Form 635. The legislator
must report the lodging expenses and any subsistence expenses or meals that are not
provided to other conference attendees on his or her Statement of Economic Interests,
Form 700. The costs for the expenses are not subject to gift limits, as the legislator made
a speech.
Q. May a lobbyist arrange for an official to speak at an organization’s convention if the official
will speak only under the condition that the organization makes a contribution to a
specified charitable, non-profit organization?
A. The official is not receiving a gift or honorarium if the organization makes a donation to a
charitable organization, so long as: the donation is made directly to the charity and is not
delivered to the official; the official does not make the donation a condition of his or her
speech; the official does not use the donation as a tax deduction; the donation will have
no foreseeable financial effect on the official or his or her immediate family; the donation
is not made in the name of the official; and the official is not identified.
Q. At what point must a lobbying firm or lobbyist employer include a state agency on its
registration statement?
A. A lobbying firm or lobbyist employer must amend its registration statement to include a
state agency within 20 days of any direct communication by any of its lobbyists.
Q. Does the term “activity expense” include gifts given to an individual who has been
nominated or selected to be a state agency official if the gift is given prior to that person
assuming office?
A. No. It would, however, include a gift made to any person who is a candidate for, or has
been elected to or appointed to an elective state office, even if the person has not been
sworn into that office. In addition, the official will be required to disclose gifts of $50 or
more received during the 12 months preceding his or her employment with that agency.
Q. May a lobbyist employer send a letter to a legislator’s Capitol office stating that a
campaign contribution will be delivered to the legislator? May the lobbyist employer
telephone the legislator’s office with this information?
A. The Act prohibits personal delivery of a campaign contribution, the transmittal letter for a
contribution, or the facsimile of either, in the Capitol, a state office building, or any building
for which the State of California pays the majority of the rent other than the legislator’s
district office. A campaign contribution, transmittal letter, or facsimile, however, may be
sent through the U.S. mail. The lobbyist employer may provide information concerning the
contribution over the telephone.
Q. When officials attend a meal, reception, or other event sponsored by a lobbyist employer,
what method should be used to determine the amount of the gift received by each official,
which attendees must be disclosed on the lobbyist employer report, and how is the total
cost of the event determined?
A. When officials are provided with a restaurant meal and participants order from a menu,
the amount of the gift to each official is the actual cost of his or her meal including
beverages, plus a pro rata amount for the tax and tip.
When officials attend an invitation-only event, such as a banquet, party, gala, celebration
or similar function, the amount of the gift to each official is the official’s pro rata share of
the total cost of the food, catering services, and entertainment, plus any item provided at
the event. “Pro rata share of the cost of the food, catering services, and entertainment”
means the attributable cost of the food, catering services, and entertainment divided by
the number of acceptances or the number of attendees. (Do not use the number of
people who were merely invited to attend the event.)
If a banquet, reception or similar event is conducted as part of a larger event, such as an
organization’s annual conference, only those costs related to the food and entertainment
at the banquet or reception need to be counted toward the cost.
To determine which officials to include on the lobbyist employer report, only those officials
who attended the event should be disclosed. Immediate family members of those officials
must also be disclosed if the family member attended the event. In some cases, a guest
book or sign-in sheet should be used to identify those persons who must be disclosed.
Other non-officials, and officials who were invited but did not attend the event, should not
be included.
If an official attended an event and consumed only minimal appetizers and drinks, but did
not stay for any meal or entertainment, the value of the gift to the official is the cost of the
any item provided to the official other than any food and beverage consumed by the
official and guest accompanying the official. The official should provide written notification
to the entity or organization hosting the event that he or she attended under the drop-in
provision of Regulation 18946.2.
Q. Is a contribution to a campaign considered income or a gift to an official for conflict of
interest purposes?
A. No, neither. Campaign contributions are excluded from the definitions of both income and
gift. A contribution to a campaign is thus neither income nor a gift under the conflict-of-
interest provisions of the Act. Note, however, that under Government Code Section
84308, there are limited circumstances in which a contribution of $250 or more to a
member of an appointed board or commission could trigger a conflict of interest.
=========================================================================================================================================================================================================================
---https://www.councilofnonprofits.org/federal-law-protects-nonprofit-advocacy-lobbying from google ( non profit lobby limit ) result 1
Federal Law Protects Nonprofit Advocacy & Lobbying
Print this page
federal government, including Congress and Internal Revenue Service, supports broad advocacy , legislative lobbying by 501(c)(3) charitable nonprofits.
First Amendment, U.S. Constitution:
Congress shall make no law respecting … the right of the people peaceably to assemble and to petition government for a redress of grievances.
In other words: freedom of association and right to advocate on public policy, including legislative lobbying.
U.S. Congress says it’s legal for nonprofits to lobby
In 1934 :Congress enacted a statute allowing charitable nonprofits “organized and operated exclusively for religious, charitable … or
educational purposes” to be exempt from federal income taxes, provided that, among other things, “no substantial part of the activities of”
the nonprofit organization is for “carrying on propaganda, or otherwise attempting, to influence legislation….” 26 U.S.C. § 501(c)(3).
By setting a limit (no “substantial part”) rather than imposing an outright ban, Congress recognized the rights of nonprofits to do some lobbying.
In 1976:
Congress enacted statutes clarifying beyond all doubt that § 501(c)(3) charitable nonprofits may lobby, establishing generous limits,
providing clear guidelines, and creating other benefits:
→ 26 U.S.C. § 501(h), which allows charitable nonprofits the option to elect to use the bright-line “expenditure” test rather than
the vague “no substantial part of activities” test; and
→ 26 U.S.C. § 4911, which – just for those nonprofits electing to use the expenditure test by filing easy form known as the
“501(h) election” – set generous dollar limits on amounts those nonprofits can spend on lobbying (a sliding scale that starts
with 20 % of nonprofit’s first $500,000 in expenditures), provides clear definitions, and exempts certain activities
from consideration as “lobbying.” As IRS grid below shows, very few charitable nonprofits will ever come close to hitting these limits.
i = If amount of exempt purpose expenditures is :
L = Lobbying nontaxable amount is :
i L
≤ $500,000 20% of the exempt purpose expenditures
>$500,00 but ≤ $1,000,000 $100,000 plus 15% of the excess of exempt purpose expenditures over $500,000
> $1,000,000 but ≤ $1,500,000 $175,000 plus 10% of the excess of exempt purpose expenditures over $1,000,000
>$1,500,000 $225,000 plus 5% of the exempt purpose expenditures over $1,500,000
Source: IRS Website
The IRS says it’s legal for nonprofits to lobby
IRS logo
IRS has material on its website reassuring nonprofits that legislative lobbying is legal. There are pages about legislative lobbying
clearly state that charitable nonprofit “organizations may engage in some lobbying” and “involve themselves in issues of public policy
without the activity being considered as lobbying.”
There is an IRS form – Form 5768 (which is free and less than a page long) – that nonprofits can file that gives them the opportunity
to safely engage in lobbying activities as long as the money spent on lobbying (both grassroots and direct) falls under an established threshold.
Read more about this process, referred to as filing the “501(h) election.”
Many nonprofits and their funders prefer to hear the words from the authority itself. To make it as plain as day, in 2000 the Center for Lobbying
in the Public Interest asked the IRS to answer basic questions about charitable nonprofits engaging in legislative lobbying.
IRS, in its official response letter, provided lots of assurance, including:
Q: Is lobbying by section 501 (c)(3) organizations permissible under federal tax laws?
A: Yes (except for private foundations under most circumstances)
=========================================================================================================================================================================================================================================
---https://www.investopedia.com/financial-edge/0912/the-differences-between-bribery-and-lobbying.aspx from google ( lobby violate bribery law ) result 1
Bribery vs. Lobbying: What's the Difference?
By Troy Segal
Updated October 30, 2024
Reviewed by Gordon Scott
Fact checked by Timothy Li
Bribery vs. Lobbying: An Overview
Bribery and lobbying are often conjoined in the public mind : Critics of lobbying suggest that it's bribery in a suit.
While both seek a favorable outcome, that 2 remain distinct practices.
Bribery is considered an effort to buy power ; paying to guarantee a certain result ;
lobbying is considered an effort to influence power , often by offering contributions .
1 key difference is that bribery is considered illegal, while lobbying is not.
Key Takeaways
Lobbying is the organizing of a group of like-minded people, industries, or entities to influence an authoritative body or lawmaking individual,
often through financial contributions.
Bribery involves the payment of something—either money or goods or an intangible favor—in the subversion of normal practices, for gain or
special treatment, or in order to get an advantage.
In the U.S., lobbying is legal, while bribery is not.
Bribery is an effort to buy power, while lobbying is just an effort to influence it; but admittedly, the distinction between the two can be opaque.
Lobbying
Lobbyists try to shape laws, legislation, and public policy to the benefit of the group or entity that employs them.
Their campaigns (which are legal) can sometimes be public ones (or fed to the media to influence the public),
but they more typically target politicians, elected officials, legislators, and government agency employees;
the movers and shakers on Capitol Hill and in state capitals too.
Lobbyists—the term referring to both individuals and organizations—have existed as long as governments;
they traditionally have been considered "information givers," a valuable source of facts and data, though admittedly in support of
their cause or industry. Lobbyists systematically build up support for their causes, over years and decades. Often, they fund a study, survey, or
research that might sway a politician's opinion or their constituency's opinion.
Important
Lobbyists are required to register with the Secretary of the Senate and the Clerk of the House, and to file disclosures of their activities and
expenditures, according to the Lobbying Disclosure Act of 1995.1
More often, though, they act more directly—by giving money. Increasingly, lobbyists are ensuring contributions are made from
grassroots up to influence decision-makers at all stages. These contributions aren't directly paid to any official or lawmaker.
But they might go to that person's election or re-election campaign—purchase advertising, finance a fundraiser—or to a politician's favorite cause,
charity, hometown, or state project.
===============================================================================================================================================================================
---https://werksmanjackson.com/blog/when-is-lobbying-considered-bribery/ from google ( lobby violate bribery law ) result 2
publish-date : 9 sep 2021
scriber : Los Angeles Criminal Defense Attorney
When Is Lobbying Considered Bribery ?
The legal line between lobbying and bribery can appear to be thin at times. There is no doubt that money plays a significant role
in the political process in our country. Nevertheless, politicians must obtain their contributions in a legal manner.
Otherwise, they could face accusations of accepting a bribe.
What Is Bribery?
A legal definition of bribery is “corrupt solicitation, acceptance, or transfer of value in exchange for official action” .
bribery-crime involve giving money or something of value to a public official in exchange for that official acting in a way
that benefits the defendant. For the purpose of bribery charges, a public official does not have to be a public employee –
it can be someone volunteering in a particular position.
In addition to existing federal law, all states in usa have enacted laws against bribery. Although these laws mainly target
person offering or giving a bribe , there are also legal consequences for public officials who solicit or accept anything of value
in exchange for taking an official action or not doing something the official is legally obligated to do.
What Must the Prosecution Prove ?
To convict a defendant of/with bribery , prosecution must :
Show that “quid pro quo” relationship existed , in which official who received gift directly altered behavior in exchange for that gift.
Campaign contributions to political candidates from individuals or corporations do not constitute bribery.
Prove intent to influence the discharging of another’s official duties.
Prove that both parties understand and agree to that arrangement. (This is required by some statutes.)
How Does Lobbying Differ from Bribery ?
Lobbying can be defined as “an attempt to influence government action through either written or oral communication,”
as stated by National Conference of State Legislatures (NCSL). However, each state has its own definition and may have unique elements
for what constitutes lobbying.
Groups lobbying a political figure may donate to a politician’s party or campaign in effort to influence the way he or she votes or acts.
This is legal when done properly. These groups hope that politicians will consider their financial backers when drafting bills or voting on legislation.
This may seem similar to bribery , but lobbying and bribery differ .
Bribes are given to an official directly for the purpose of guaranteeing a specific action .
on the other hand , Lobbyists are hoping to gain influence over political figures , but they are not guaranteed any particular results.
What Are the Defenses Against Accusations of Bribery?
If you have been accused of bribery in Los Angeles, your defense strategy will depend on the facts of your case.
Common defenses in federal bribery cases include the following :
Lack of intent to bribe : To convict you on/with bribery charges , prosecution must prove that you have intent to offer or receive bribe .
Having no criminal intent when you offered or accepted payment is a common defense .
Insufficient evidence to prove all elements of the crime: When you are on trial for criminal charges, prosecution must prove every element of
the crime you are accused of committing beyond a reasonable doubt. Challenging the prosecution’s evidence can instill doubt in the minds of
jurors. In some cases, prosecution will drop the case or the court will dismiss it.
Call Werksman Jackson & Quinn LLP at (213) 688-0460 for experienced legal defense against bribery charges.
Our Los Angeles bribery defense attorneys are well-known for their work in federal defense and other areas of criminal law.
We take pride in delivering the best defense available for every client we represent.
Related Articles:
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What Should I Do If I’ve Been Accused of Healthcare Fraud?
The Legal Implications of Insurance Fraud: How to Safeguard Your Future
The Role of Forensic Accounting in White-Collar Crimes
The Main Types of Identity Theft and Their Potential Penalties
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---https://news.utdallas.edu/business-management/bibery-lobbying-study-2021/ from google ( lobby violate bribery law ) result 3
Management Study Examines Fine Line Between Lobbying, Bribery
By: Brittany Magelssen | May 14, 2021
In the field of international business research, lobbying is considered a legitimate and legal political action conducted in a developed economy.
Bribery, on the other hand, is seen as an outright corrupt practice in an emerging economy.
In a study published in the March issue of the journal Business & Society, a researcher from The University of Texas at Dallas examined
gray area between lobbying and bribery among multinational companies, especially in countries where lobbying is not regulated strongly or
institutional development is insufficient.
The analysis found that firms based in developed countries, as opposed to developing countries or transition economies, are more likely
to influence the institutional environment of host countries through lobbying, even when bribery is expected to be a more prevalent way of
doing business in many of these countries.
“We wanted to address this and call for more attention to the issue of lobbying as an equally important issue as bribery in firm activities
to influence the institutional environment in the international business context. For example, addressing institutional constraints overseas by
shaping regulatory and policy environments in a more favorable way can increase performance benefits,” said study author Dr. Seung-Hyun Lee,
professor of organizations, strategy and international management in the Naveen Jindal School of Management.
“Moreover, while bribery has been largely seen as what firms from transition economies do, there has been little discussion of the lobbying attempts
that firms from more developed economies are doing. We wanted to shed light on this, too.”
In the study, Lee and co-author Dr. Jisun Yu of Concordia University in Montreal investigated what determines a multinational enterprise’s propensity
to engage in lobbying and bribery in countries where the overall institutional development for market exchanges is insufficient and
overall country governance is relatively weak.
Seung-Hyun Lee
“While bribery has been largely seen as what firms from transition economies do, there has been little discussion of the lobbying attempts
that firms from more developed economies are doing. We wanted to shed light on this, too.”
Dr. Seung-Hyun Lee, professor of organizations, strategy and international management in the Naveen Jindal School of Management
A transition economy is one that endeavors to change from a planned economy to a market economy. Examples include China and Vietnam.
For the study, the researchers focused on the transition economies of central and eastern European countries and members of the Commonwealth of
Independent States, a regional organization of countries from the former Soviet Union.
“While transition economies are full of uncertainty due to structural transitions and the uneven development of adequate institutions,
these very characteristics are also a source of opportunities, such as low-cost production, highly educated labor forces and easy access
to European market,” Lee said.
Using data from the Business Environment and Enterprise Performance Survey conducted in transition economy countries by the World Bank,
the researchers aimed to further discussions concerning the ethical and social implications of corporate activities conducted to influence institutions.
Their analysis found that multinational enterprises based in a country with a strong governance system are less involved in bribery but have
a higher tendency to lobby their hosts in transition-economy countries. The researchers found that this tendency holds true even when
these enterprises rely on the host country’s local market for much of their sales.
The study also found that firms from a home country with more developed governance also attempt to change the laws to a greater extent
in host countries with weaker institutional development.
“Multinational enterprises behave consistently in host countries and tend to stick to the way business was done in their domestic markets,
even when dependence on local sales in host countries increases,” he said. “It is a good thing to find that multinational enterprises
from countries with a stronger governance system are less likely to bribe in transition economies, compared to their counterparts
with weaker governance.”
Lee said it is important for policymakers to understand that home country governance can be an effective mechanism in controlling
a multinational enterprise’s illegal political activities, even outside its home boundaries.
“When it comes to host countries, governments there may want to make sure that lobbying is effectively governed and bribery is curbed
to incentivize multinational enterprises hailing from stronger governance systems to invest in their countries,” he said.
Policymakers might also consider strengthening their country’s governance system as a way of reducing their multinational enterprises’
unwanted involvement in corruption overseas, Lee said.
Media Contact: Brittany Magelssen, UT Dallas, 972-883-4357, brittany.hoover@utdallas.edu, or the Office of Media Relations, UT Dallas,
(972) 883-2155, newscenter@utdallas.edu.
Tagged: Dr. Seung-Hyun Lee research SOM
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---https://www.theklg.com/blog/2023/01/are-the-differences-between-bribery-and-lobbying-too-subtle/ from google ( lobby violate bribery law ) result 5
publish-date : 31 jan 2023
On Behalf of : The Kaufman Law Group
Are the differences between bribery and lobbying too subtle?
Bribery and lobbying in California are actions taken by individuals or groups to influence decisions or actions, but they are distinct
in several ways. While bribery and lobbying can be used to influence decision-making, there are some key differences between that 2 .
1 key difference is that bribery is illegal. At same time, lobbying is generally legal and protected by First Amendment of the US Constitution.
What is bribery ?
Bribery is offering , giving , receiving or soliciting of something of value with the intent to influence actions of an official or person
in charge of a public or legal duty. It is illegal in most countries and is considered a form of corruption. Bribery can take many forms,
such as cash payments, gifts, or even promises of future favors.
What is lobbying?
on the other hand , Lobbying is attempting to influence decisions made by government officials, including legislators, administrators, executives.
This is typically done by private interest groups, such as corporations, trade organizations, non-profits, as well as by individuals,
on such topics as legislation, regulations and public policy. Lobbying can take many forms, such as grassroots campaigns,
direct communication with elected officials and funding of political campaigns.
Lobbying is also more transparent and regulated than bribery, with various laws and regulations in place to ensure that lobbying activities
are reported and disclosed to public. Additionally, lobbying focuses on issues and policy decisions, while bribery focuses
on individual officials and their actions.
A distinct difference between that 2
The most notable difference between bribery and lobbying is that bribery is in secret with intent to deceive or mislead .
In contrast , lobbying is typically in the open , intending to inform and educate .
Bribery also often involve quid pro quo, where something is given in exchange for a specific action or decision,
while lobbying is to influence a broader range of decisions or policies.
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---https://www.reddit.com/r/socialism/comments/1f41v5j/lobbying_is_essentially_bribery_and_corruption/ from google ( lobby violate bribery law ) result 6
---https://www.reddit.com/r/explainlikeimfive/comments/1iyo1n/eli5_how_is_political_lobbying_not_bribery/ from google ( lobby violate bribery law ) result 9
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---https://corpgov.law.harvard.edu/2014/08/18/the-corporate-value-of-corrupt-lobbying/ from google ( lobby violate bribery law ) result 10
The Corporate Value of (Corrupt) Lobbying
Posted by R. Christopher Small, Co-editor, HLS Forum on Corporate Governance and Financial Regulation, on
Monday, August 18, 2014
Comments Off on The Corporate Value of (Corrupt) Lobbying print this page Print email this post E-Mail
Anti-corruption, Compliance & ethics, Corporate Social Responsibility, Lobbying, Political spending, SEC enforcement, Shareholder value, Shocks
More from: Alexander Borisov, Eitan Goldman, Nandini Gupta
The following post comes to us from Alexander Borisov of the Department of Finance at the University of Cincinnati, and
Eitan Goldman and Nandini Gupta, both of the Department of Finance at Indiana University.
Despite the fact that corporations and interest groups spent about $30 billion lobbying policy makers over the last decade
(Center for Responsive Politics, 2012), there is a lack of robust empirical evidence on whether firms’ lobbying expenditures create value
for their shareholders. Moreover, while the public perception of the lobbying process is that it involves unethical behavior that may bias
rather than inform politicians, this is difficult to show since unethical practices are not typically observable. In our recent ECGI working paper,
The Corporate Value of (Corrupt) Lobbying, we identify events that exogenously affect the ability of firms to lobby, and find that firms
that lobby more experience a significant decrease in market value around these events. Investigating the channels by which lobbying may add value,
we find evidence suggesting that the value partly arises from potentially unethical arrangements between firms and politicians.
On January 3, 2006, the prominent Washington D.C. lobbyist Jack Abramoff pleaded guilty to bribing government officials in exchange
for favorable decisions made on issues related to his clients’ interests. Described as “biggest public corruption scandal in a generation,”
(“Case bringing new scrutiny to a system and a profession,” The Washington Post, January 4, 2006), the guilty plea generated intense
public scrutiny of that lobbying process, making it damaging for politicians to be associated with lobbyists.
For example, describing the response to that Abramoff guilty plea 1 lobbyist noted :
“In the short run , members of Congress will get allergic to lobbyists…They’ll be nervous about taking calls and holding meetings ,
to say nothing of lavish trips to Scotland. Those will be out.” (The Washington Post, January 4, 2006).
Using Mr. Abramoff’s guilty plea to bribery and corruption as exogenous negative shock to the ability of firms to lobby ,
we use data on all firms in S&P 500 index between 2000 and 2008, and examine their market-adjusted cumulative abnormal returns
in a 3-day window around this event. The results show that firms that spend more on lobbying experience a significantly greater
decrease in value in response to the guilty plea. To illustrate, for the sample of firms that lobby, we find that a standard deviation
increase in average lobbying expenditures (about $6.8 million) prior to the event year, is associated with an average decrease in
abnormal returns of 0.20%, or about $49.8 million, in the 3-day window around the event. We also show that firms that employed members of
Jack Abramoff’s team as lobbyists experience a greater decrease in value in response to the guilty plea, corroborating that we capture
the effects of the guilty plea, and not concurrent events.
Since data on unethical lobbying activities are not directly observable, we hypothesize that firms that are more likely to be involved
in unethical business practices may also be more likely to engage in unethical lobbying, and investigate whether these firms are
differently affected by the guilty plea. We use several variables to identify a firm’s propensity to engage in unethical behavior.
Using SEC enforcement actions against firms for violations such as insider trading, accounting fraud, and bribery to identify firms
that are more likely to engage in unethical practices, we show that the value loss associated with lobbying activity around the guilty plea
is greater for firms charged with violating SEC rules. Based on the argument that firms with weak policies against bribery and corruption
may be more likely to engage in unethical practices, we also show that the lobbying-related loss of value around the scandal is significantly
greater among firms with a weak code of ethics. We obtain similar results for firms with a poor reputation for corporate social responsibility.
Lastly, we show that firms that lobby more experience a greater decrease in value in response to legislative efforts to restrict corruption
in lobbying. To test the value from potentially unethical lobbying practices we consider the market response to the first lobbying-related bill
voted on by the U.S. Congress following the guilty plea, the “Lobbying Transparency and Accountability Act of 2006”, which targeted corruption
in lobbying by increasing penalties for lobbyists who violate lobbying rules, and curbing quid pro quo arrangements between lobbyists and
government officials. Since firms engaged in legitimate lobbying are less likely to be affected by restrictions on corrupt lobbying,
this result provides further evidence that part of the value from lobbying may arise from potentially unethical arrangements with policy makers.
To the best of our knowledge, this is the first paper to use an exogenous shock to identify the shareholder value of corporate lobbying, and
to provide evidence suggesting that part of this value may be attributed to unethical practices that are likely to bias politicians
rather than simply inform them.
The full paper is available for download here
https://download.ssrn.com/14/11/19/ssrn_id2528031_code268385.pdf?response-content-disposition=attachment%3B%20filename%3Dssrn-2443104.pdf&X-Amz-Security-Token=IQoJb3JpZ2luX2VjECwaCXVzLWVhc3QtMSJHMEUCIExcHQR0h0ruIpqn0GRpIjCik6jnjTP7L1ZaKEUPs3MTAiEAr0pzi3pCrNg0sK5KgqJqdwCQPZBC5OVpfYEoCSpUdXcqxgUI5P%2F%2F%2F%2F%2F%2F%2F%2F%2F%2FARAEGgwzMDg0NzUzMDEyNTciDPVIY0xOquRj78LaJiqaBU6Tken3hyax0THqmmUZiC6iVmeCNLQ0oevxXVFbgQjLRA7hRcHR3uUkr6H7cxp5zzhyXXwRWkKcXuZSxGXfv6QwqkOfXLczbzbxEQsm%2BuO5qh8HQU9l5SHIvjSsRkTs%2F0CK8vW5LKi%2FFJr3jujea3XGdIFZikuCFButir0w8fZ4il9T2J4pXvLMFvdxH3ZrJ4LQgznbwxJwgTdkd7Bwt3hHfPd%2B1aactGoixykS0qT7eg22wMDsKQmLfZ1%2FOaLcnVv0%2FtX75Md3ei1mdg847lGwYZfiVIZ52HTVhx2mGM%2FYV27DvujaKS0k1Y12iXEecH2cxPMDoVo4MOjHFWDSYLBt8Of2jLqsYvXH4IEe9M6eaq5TYnHhpzqrjSRXzbUIbDNGcvNVVndzSFVGKxraP6AW%2FbGd1N6aYjGQBWodqoXaR2N99MzDYmNdb9HJH46WaEQSCmDggGnn%2FPKSdLi0l6r8hpT2ih2UcDDwMSg63nrVReG8B6ahaS92amr21K69X009h79vGXcNaSy%2FLF2eON1OTF62nTqUsVmQcjShQz0M86KCeqUiqIg8qAiUqaguvDZdwqneGSq4AA9PeNIXv9Ld7kU8o8Zb2PDYj608m1rJ0wQ0HZp%2Fw%2FXTB%2B03He76ws9w6KE58WdpaHmhw8qG1tcVBE1MS%2FkuZF03mPal3o4o7VhTrVEGSUDhpzdYWY%2F230z13AZwC365od7rXTIw6G3KOtioHlJNBaB3lTgGKE70QrRKqFG2BUiR2cI6jxZiMWlulZ%2FRrr9mRtNXyHEpHBIy6fs98ZLakJPuCDE1T%2BvQyhUHbqimqcEsd56pTkgA9YO3bnFz%2B8GH0fJUgmIPYvBA6EuMIKiAhnCb%2FloAVYYoJALUeh1riGWEBDDP0L%2FBBjqxAX%2BaBbjEovJZ%2FXcX1e%2FoPNrjgWlQLc5URiVAOOpntZw7l67xVlaBefRZ8Vz%2BuUmWt2acBWPSSzhpt2SHbYKLhFcxlo2zl7b8m7I%2B%2FejoSAhKE%2FHidlC56X6zngXkDLQkN4QRlMMzkzbry3ERNOBllSSPvPjeSoFBrRttHkI0KXOfLmsT0ERJ3f8QD%2FRN%2BzwtamIFy7PiErvFX8GsPOA7mhQzeQzlRKVMr098wvfYVlEsrw%3D%3D&X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Date=20250523T035948Z&X-Amz-SignedHeaders=host&X-Amz-Expires=300&X-Amz-Credential=ASIAUPUUPRWEU4EYCGSW%2F20250523%2Fus-east-1%2Fs3%2Faws4_request&X-Amz-Signature=69f6bf9875e90d054052dd0ef07f571ad6b7d4ccca03ef45d2fa921c2c80b5f9&abstractId=2443104
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---https://www.reddit.com/r/legaladviceofftopic/comments/qnvylx/is_it_insider_trading_if_you_just_happen_to/
from google ( insider trading france not crime ) page 2 number 9
[deleted]
•
4 yr. ago
From a lawyer's perspective, whose father is a retired stockbroker, I believe I have a unique take on this which kind of straddles both worlds.
Nope, you're fine. You have no duty to keep such information privy.
Also, I would like to add that in commodities, insider trading is perfectly legal. So if you're dealing with commodities, you're okay however you look at it.
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---https://www.justice.gov/archives/opa/pr/two-former-deutsche-bank-traders-convicted-engaging-deceptive-and-manipulative-trading
from 'U.S. v. James Vorley and Cedric Chanu: Docket No. 1:18-cr-00035' in https://www.justice.gov/criminal/criminal-fraud/commodities-fraud
from google ( commodity insider trading legal ) page 2 number 7
Two Former Deutsche Bank Traders Convicted of Engaging in Deceptive and Manipulative Trading Practices in U.S. Commodities Markets
Friday, September 25, 2020
For Immediate Release
Office of Public Affairs
A Chicago federal jury found 2 former employees of Deutsche Bank, a global financial institution, guilty today of fraud charges for
their respective roles in fraudulent and manipulative trading practices involving publicly-traded precious metals futures contracts.
Acting Assistant Attorney General Brian C. Rabbitt of Justice Department’s Criminal Division and Assistant Director in Charge William Sweeney of
FBI’s New York Field Office made the announcement.
After 2-week trial, James Vorley, 42, of United Kingdom, and Cedric Chanu, 40, of France and United Arab Emirates, were convicted of 3 counts and
7 counts, respectively, of wire fraud affecting a financial institution. Sentencing has been scheduled for 21 jan 2021, before U.S. District Judge
John J. Tharp, Jr. of the Northern District of Illinois, who presided over the trial.
“Today’s jury verdict shows that those who seek to manipulate our public financial markets through fraud will be held accountable by juries and
the department,” said Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division.
According to evidence presented at trial, Vorley and Chanu, who were employed as traders at Deutsche Bank—Vorley based in London;
Chanu based in London and Singapore—engaged in a scheme to defraud other traders on Commodity Exchange Inc., which was an exchange run by CME Group.
defendants defrauded other traders by placing fraudulent orders that they did not intend to execute in order to create appearance of
false supply and demand and to induce other traders to trade at prices , quantities , times that they otherwise would not have traded .
Specifically , evidence showed that defendants engaged in practice of “spoofing,” which means that they placed orders on commodity-exchange which,
at that time during those orders were placed , they did not intend to execute , all for purpose of deceiving other market participants .
This case was investigated by FBI’s New York Field Office. Deputy Chief Brian Young , Assistant Chief Avi Perry ,
Trial Attorney Leslie S. Garthwaite of the Criminal Division’s Fraud Section are prosecuting the case.
Individuals who believe that they may be a victim in this case should visit the Fraud Section’s Victim Witness website for more information.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Updated February 5, 2025
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---https://www.justice.gov/archives/opa/pr/former-precious-metals-trader-pleads-guilty-attempted-commodities-price-manipulation
from 'U.S. v. Corey Flaum : Docket No. 1:2019-CR-00338-BMC' in https://www.justice.gov/criminal/criminal-fraud/commodities-fraud
from google ( commodity insider trading legal ) page 2 number 7
Former Precious Metals Trader Pleads Guilty to Attempted Commodities Price Manipulation
Thursday, July 25, 2019
For Immediate Release
Office of Public Affairs
A former precious metals trader at the New York offices of a U.S. bank and a Canadian bank pleaded guilty today to attempted
price manipulation of precious metals futures contracts, announced Assistant Attorney General Brian A. Benczkowski of
Justice Department’s Criminal Division and Assistant Director in Charge William F. Sweeney Jr. of the FBI’s New York Field Office.
Corey Flaum, 41, of Mount Kisco, New York, pleaded guilty in Eastern District of New York to an information charging him with
1 count of attempted commodities price manipulation. Sentencing is scheduled for 29 oct 2019, before U.S. District Judge Brian M. Cogan of
Eastern District of New York, who accepted his plea today.
According to admissions made as part of his plea and other statements made in court, between approximately June 2007 and July 2016,
Flaum placed thousands orders to manipulate prices of gold, silver, platinum , palladium futures contracts traded on
New York Mercantile Exchange Inc. (NYMEX) and Commodity Exchange Inc. (COMEX), which are commodities exchanges operated by CME Group Inc.
Flaum routinely placed orders for precious metals futures contracts with intent to cancel those orders before execution.
This trading strategy was intended to deceive other market participants about existence of supply and demand, and to artificially move
price of precious metals futures contracts in a direction that was favorable to Flaum and
2 banks for which he worked : the bank of nova scotia , unknown-bank .
This case is the result of an ongoing investigation by the FBI’s New York Field Office. Trial Attorneys Avi Perry, Matthew F. Sullivan and
Alexander Kramer of the Criminal Division’s Fraud Section are prosecuting the case. The Commodity Futures Trading Commission’s Division of
Enforcement provided assistance in this case.
The defendant is cooperating with the ongoing investigation.
Individuals who believe that they may be a victim in these cases should visit the Fraud Section’s Victim Witness website for more information.
Updated February 5, 2025
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---https://www.justice.gov/archives/opa/pr/former-precious-metals-trader-pleads-guilty-commodities-fraud-and-spoofing-conspiracy
from https://www.justice.gov/criminal/criminal-fraud/case/united-states-v-john-edmonds from 'U.S. v. John Edmonds : Docket No. 3:18-cr-00239-RNC-1'
Former Precious Metals Trader Pleads Guilty to Commodities Fraud and Spoofing Conspiracy
Tuesday, November 6, 2018
For Immediate Release
Office of Public Affairs
A former precious metals trader at a United States bank (Bank) pleaded guilty in a proceeding unsealed yesterday to commodities fraud and
a spoofing conspiracy in connection with his participation in fraudulent and deceptive trading activity in the precious metals futures contracts markets.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney John H. Durham of the District of
Connecticut and Assistant Director in Charge William F. Sweeney Jr. of the FBI’s New York Field Office made the announcement.
John Edmonds, 36, of Brooklyn, New York, pleaded guilty under seal on Oct. 9 in the District of Connecticut to an information charging him
with 1 count of commodities fraud and 1 count of conspiracy to commit wire fraud, commodities fraud, commodities price manipulation and spoofing.
Sentencing is scheduled for Dec. 19 before U.S. District Judge Robert N. Chatigny of the District of Connecticut.
“For years, John Edmonds engaged in a sophisticated scheme to manipulate the market for precious metals futures contracts for his own gain by
placing orders that were never intended to be executed,” said Assistant Attorney General Benczkowski.
“The Criminal Division is committed to prosecuting those who undermine the investing public’s trust in the integrity of our commodities markets
through spoofing or any other illegal conduct.”
“This defendant was involved in manipulating the precious metals commodity markets for several years, and I thank FBI for its diligent investigation of
this matter and its commitment to hold accountable those who use technology to their advantage to cheat these markets.”
said U.S. Attorney Durham. “The investigation of deceptive trading practices by others involved in this scheme is ongoing.”
"With his guilty plea, Edmonds admitted he intended to introduce materially false and misleading information into the commodities markets,”
said FBI Assistant Director in Charge Sweeney. “By conspiring with his trading partners to place spoof orders, he blatantly attempted
to profit off of an unfair market that he helped create. FBI will continue to work with our partners to insure financial markets remain
a level playing field for all investors."
As part of his plea, Edmonds admitted that from approximately year 2009 through 2015, he conspired with other precious metals traders
at the Bank to manipulate the markets for gold, silver, platinum and palladium futures contracts traded on
New York Mercantile Exchange Inc. (NYMEX) and Commodity Exchange Inc. (COMEX), which are commodities exchanges operated by CME Group Inc.
Edmonds and his fellow precious metals traders at the Bank routinely placed orders for precious metals futures contracts with the intent
to cancel those orders before execution (the Spoof Orders), he admitted. This trading strategy was admittedly intended to inject
materially false and misleading liquidity and price information into the precious metals futures contracts markets by placing
that Spoof Orders in order to deceive other market participants about the existence of supply and demand.
The Spoof Orders were designed to artificially move the price of precious metals futures contracts in a direction that was favorable
to Edmonds and his co-conspirators at the Bank, to the detriment of other market participants. In pleading guilty, Edmonds admitted
that he learned this deceptive trading strategy from more senior traders at the Bank, and he personally deployed this strategy hundreds of
times with the knowledge and consent of his immediate supervisors.
This case is the result of an ongoing investigation by FBI’s New York Field Office. Trial Attorney Matthew F. Sullivan of the Criminal Division’s
Fraud Section and Assistant U.S. Attorney Avi M. Perry of the District of Connecticut are prosecuting the case.
Individuals who believe that they may be a victim in these cases should visit the Fraud Section’s Victim Witness website for more information.
Updated February 5, 2025
=================================================================================================================================================================================
---https://www.justice.gov/archives/opa/pr/superseding-indictment-charges-former-precious-metals-salesman-racketeering-conspiracy
from 'U.S. v. Gregg Smith, Michael Nowak, Christopher Jordan, and Jeffrey Ruffo: Docket No. 19-CR-669'
Superseding Indictment Charges Former Precious Metals Salesman with Racketeering Conspiracy
Friday, November 15, 2019
For Immediate Release
Office of Public Affairs
Three Others Previously Charged in Connection with Manipulation of Markets for Precious Metal Futures Contracts
A former salesperson in the New York offices of a U.S. bank (Bank A/jpmorgan-chase) was charged in a superseding indictment filed yesterday and
made public today for his alleged participation in a racketeering conspiracy in connection with the manipulation of the markets
for precious metals futures contracts, which spanned over 8 year and involved thousands of unlawful trading sequences, announced
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and Assistant Director in Charge
William F. Sweeney Jr. of the FBI’s New York Field Office.
Jeffrey Ruffo, 56, of Morristown, New Jersey, was charged in a superseding indictment filed in the Northern District of Illinois with
1 count of conspiracy to conduct the affairs of an enterprise involved in interstate or foreign commerce through a pattern of racketeering activity
(more commonly referred to as RICO conspiracy) and 1 count of conspiracy to commit wire fraud affecting a financial institution, bank fraud,
commodities fraud, price manipulation and spoofing.
The superseding indictment follows original indictment filed on Aug. 22, 2019, which charges Gregg Smith, 55, of Scarsdale, New York;
Michael Nowak, 45, of Montclair, New Jersey; and Christopher Jordan, 47, of Mountainside, New Jersey, with 1 count of RICO conspiracy;
1 count of conspiracy to commit wire fraud affecting a financial institution, bank fraud, commodities fraud, price manipulation and spoofing;
1 count of bank fraud and 1 count of wire fraud affecting a financial institution. Those original charges – as well as the original charges of
1 count of attempted price manipulation, 1 count of commodities fraud and 1 count of spoofing against Smith and Nowak – are incorporated into
the superseding indictment.
The case is pending before U.S. District Judge Edmond E. Chang of the Northern District of Illinois. The next status hearing in the case
is scheduled for Dec. 5, 2019, at 10:45 a.m., during which Ruffo is expected to be arraigned.
The superseding indictment alleges that between approximately March 2008 and August 2016, Ruffo along with the other defendants and
co-conspirators were members of Bank A’s global precious metals desk in New York, London and Singapore, with varying degrees of seniority and
supervisory responsibility over others on the desk. Ruffo, who joined Bank A in May 2008, worked there until August 2017.
During that time, he was an executive director and a salesperson on Bank A’s precious metals desk in New York, specializing in hedge fund sales.
Ruffo’s clients included hedge funds that were global investment management firms that invested in precious metals.
As it relates to RICO conspiracy, defendants and their co-conspirators were allegedly members of an enterprise—namely,
the precious metals desk at Bank A—and conducted the affairs of the desk through a pattern of racketeering activity, specifically,
wire fraud affecting a financial institution and bank fraud.
The superseding indictment alleges that defendants engaged in widespread spoofing, market manipulation and fraud while working on
precious metals desk at Bank A through the placement of orders they intended to cancel before execution (Deceptive Orders) in an effort
to create liquidity and drive prices toward orders they wanted to execute on the opposite side of the market.
In thousands sequences, defendants and their co-conspirators allegedly placed Deceptive Orders for gold, silver, platinum and
palladium futures contracts traded on the New York Mercantile Exchange Inc. (NYMEX) and Commodity Exchange Inc. (COMEX),
which are commodities exchanges operated by CME Group Inc. By placing Deceptive Orders, the defendants and their co-conspirators
allegedly intended to inject false and misleading information about the genuine supply and demand for precious metals futures contracts
into the markets, and to deceive other participants in those markets into believing something untrue, namely that the visible order book
accurately reflected market-based forces of supply and demand. This false and misleading information was intended to, and at times did,
trick other market participants into reacting to the apparent change and imbalance in supply and demand by buying and
selling precious metals futures contracts at quantities, prices and times that they otherwise likely would not have traded,
the superseding indictment alleges.
As also alleged in the superseding indictment, the defendants and their co-conspirators defrauded Bank A’s clients who had bought or
sold “barrier options” by trading precious metals futures contracts in a manner that attempted to push the price towards a price level at
which Bank A would make money on the option (barrier-running), or away from a price level at which Bank A would lose money on
the option (barrier-defending). Namely, when barrier-running, the defendants and their co-conspirators would allegedly place orders
for precious metals futures contracts in a way that was intended to deliberately trigger the barrier option held by Bank A.
Conversely, when barrier-defending, the defendants and their co-conspirators would allegedly place orders for precious metals futures contracts
in a way that was intended to deliberately avoid triggering the barrier option held by clients of Bank A.
The superseding indictment alleges that 1 of the reasons the defendants and their co‑conspirators used Deceptive Orders in their trading
was to service and benefit key clients, including Ruffo’s hedge fund clients, which were important sources of revenue and market intelligence
for the precious metals desk at Bank A. For example, as alleged in the superseding indictment, if a hedge fund client wished to purchase gold,
Ruffo would receive the order and communicate it to Smith, who, with Ruffo’s knowledge and encouragement, would then place Deceptive Orders to sell gold futures contracts in order to artificially lower the price at which the hedge fund could buy (or the defendants and their co-conspirators could buy on the hedge fund’s behalf). By passing along the lower price, the superseding indictment alleges, the defendants and their co-conspirators hoped to retain that hedge fund’s business for the precious metals desk at Bank A.
The charges in the superseding indictment are merely allegations, and the defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
This case is the result of an ongoing investigation by the FBI’s New York Field Office. The Commodity Futures Trading Commission’s Division of Enforcement provided assistance in this case. Trial Attorney Matthew F. Sullivan and Assistant Chief Avi Perry of the Criminal Division’s Fraud Section are prosecuting the case.
Individuals who believe that they may be a victim in this case should visit the Fraud Section’s Victim Witness website for more information at https://www.justice.gov/criminal-fraud/victim-witness-program.
Updated February 5, 2025
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---https://www.justice.gov/opa/pr/justice-department-sues-block-penguin-random-house-s-acquisition-rival-publisher-simon
from google ( justice department block sale merger antitrust ) result 2
Justice Department Sues to Block Penguin Random House’s Acquisition of Rival Publisher Simon & Schuster
Tuesday, November 2, 2021
For Immediate Release
Office of Public Affairs
Merger Would Create Publishing Behemoth, Harming Authors and Consumers
The U.S. Department of Justice filed a civil antitrust lawsuit today to block Penguin Random House’s proposed acquisition of
its close competitor, Simon & Schuster. As alleged in the complaint filed in the U.S. District Court for the District of Columbia,
this acquisition would enable Penguin Random House, which is already the largest book publisher in the world, to exert outsized influence
over which books are published in United States and how much authors are paid for their work.
“The complaint filed today to ensure fair competition in U.S. publishing industry is latest demonstration of
Justice Department’s commitment to pursuing economic opportunity and fairness through antitrust enforcement,” said Attorney General Merrick-B-Garland.
“Books have shaped American public life throughout our nation’s history, and authors are the lifeblood of book publishing in America.
But just 5 publishers control U.S. publishing industry,” Attorney General continued.
“If the world’s largest book publisher is permitted to acquire 1 of its biggest rivals
then it will have unprecedented control over this important industry.
American authors and consumers will pay price of this anticompetitive merger , lower advances for authors and ultimately fewer books and
less variety for consumers.”
“In stopping Penguin Random House from extending its control of U.S. publishing market, this lawsuit will prevent further consolidation
in an industry that has history of collusion,” said Acting Assistant Attorney General Richard-A-Powers of Justice Department’s
Antitrust Division. “I want to thank the Attorney General and senior leadership of the department for their support of antitrust enforcement.”
As described in the complaint, publishers compete to acquire manuscripts, which they edit, package, market, distribute and sell as books.
Publishers pay authors advances for the rights to publish their books. In most cases, the advance represents an author’s total compensation for their work.
The publishing industry is already highly concentrated, as the complaint details. Just five publishers, known as the “Big Five,” are regularly able
to offer high advances and extensive marketing and editorial support, making them the best option for authors who want to publish a top-selling book.
Most authors aspire to write the next bestseller and selling their rights to the Big Five offers the best chance to do so.
While smaller publishers occasionally win the publishing rights to anticipated top-selling books, they lack the financial resources
to regularly pay the high advances required and absorb the financial losses if a book does not meet sales expectations.
Today, Penguin Random House, the world’s largest publisher, and Simon & Schuster, the fourth largest in the United States,
compete head-to-head to acquire manuscripts by offering higher advances, better services and more favorable contract terms to authors.
However, as the complaint alleges, the proposed merger would eliminate this important competition, resulting in lower advances
for authors and ultimately fewer books and less variety for consumers.
The complaint alleges that the acquisition of Simon & Schuster for $2.175 billion would put Penguin Random House in control of close
to half the market for acquiring publishing rights to anticipated top-selling books, leaving hundreds of individual authors with
fewer options and less leverage. According to its own documents as described in the complaint, Penguin Random House views
U.S. publishing market as an “oligopoly” and its acquisition of Simon & Schuster is intended to “cement” its position as
the dominant publisher in the United States.
Courts have long recognised that antitrust laws are designed to protect both buyers and sellers of products and services ,
including , as relevant here , authors who rely on competition between major publishers to ensure they are fairly compensated
for their work . As that complaint makes clear , this merger will cause harm to American workers , in this case authors ,
through consolidation among buyers – a fact pattern referred to as “monopsony.”
Antitrust Division’s Horizontal Merger Guidelines lay out a straightforward framework to analyse monopsony cases, and
under those guidelines this transaction is presumptively anticompetitive. Simply put, if Penguin Random House acquire Simon & Schuster,
then those 2 publishers will stop competing against each other. As a result , authors will be paid less for their work.
Authors who are paid less write less, which, in turn, means that quantity and variety of books diminish too.
Penguin Random House LLC is a subsidiary of Bertelsmann SE & Co. KGaA and is headquartered in New York, New York. Penguin Random House
publish 2,000 new trade books in the United States annually. In 2019, Penguin Random House reported revenues of $2.4 billion from U.S. publishing.
Simon & Schuster Inc. is a subsidiary of ViacomCBS Inc. and is headquartered in New York, New York. Simon & Schuster publishes 1,000
new trade books in the United States annually. In 2019, Simon & Schuster reported revenues of $760 million from U.S. publishing.
Updated November 2, 2021
==============
---https://www.justice.gov/opa/pr/justice-department-statements-district-court-decision-block-jetblues-acquisition-spirit
Justice Department Statements on District Court Decision to Block JetBlue’s Acquisition of Spirit Airlines
Tuesday, January 16, 2024
For Immediate Release
Office of Public Affairs
Today, U.S. District Court for District of Massachusetts blocked JetBlue Airways’ $3.8 billion dollar acquisition of Spirit Airlines.
The court found that JetBlue’s proposed takeover of Spirit is unlawful because it “does violence to core principle of antitrust law :
to protect United States’ markets – and its market participants – from anticompetitive harm.”
“Today’s ruling is a victory for tens of millions of travelers who would have faced higher fares and fewer choices
if that proposed merger between JetBlue and Spirit been allowed to move forward,” said Attorney General Merrick B. Garland.
“Justice Department will continue to vigorously enforce usa’s antitrust laws to protect American consumers.
I want to thank Antitrust Division for their excellent work on this case.”
“Court’s decision today reaffirm that antitrust laws vindicate economic liberty of American people,” said Principal Deputy Assistant Attorney General
Doha Mekki of Justice Department’s Antitrust Division. “We are particularly encouraged by court’s acknowledgement of role of
Justice Department in protecting consumers ‘who otherwise would have no voice’ and
the ‘forthrightness, civility, and zealous advocacy’ that ‘assisted the Court in reaching out for justice.’
I am incredibly proud of the Antitrust Division’s staff and our state law enforcement partners whose tireless work ensured
another airline merger would not harm American travelers.”
The court’s decision follows a 17-day trial that began in October 2023. In March 2023, the Justice Department, California, Maryland,
Massachusetts, New, Jersey, New York, North Carolina, and the District of Columbia sued to stop the merger under Section 7 of the Clayton Act.
Updated January 16, 2024
===============================================================================================================================================================
---https://www.justice.gov/opa/pr/justice-department-sues-block-jetblue-s-proposed-acquisition-spirit
from 'sue to stop' in above .
Justice Department Sues to Block JetBlue’s Proposed Acquisition of Spirit
Tuesday, March 7, 2023
For Immediate Release
Office of Public Affairs
Acquisition Would Allow JetBlue to Eliminate Its Largest Ultra-Low-Cost Rival, Further Concentrate the Airline Industry, and Harm American Travelers
Justice Department, together with Attorneys General of Commonwealth of Massachusetts, State of New York, and District of Columbia,
filed a civil antitrust lawsuit today to block JetBlue Airways Corporation’s (JetBlue) proposed $3.8 billion acquisition of its largest and
fastest-growing ultra-low-cost rival, Spirit Airlines, Inc. (Spirit). JetBlue and Spirit compete fiercely today on hundreds routes serving
millions travelers. By eliminating that competition and further consolidating usa airlines industry, that proposed transaction will increase
fares and reduce choice on routes across usa , raising costs for the flying public and harming cost-conscious fliers most acutely.
That complaint, filed in District of Massachusetts, allege that Spirit’s low-cost, no-frills flying option has brought lower fares and
more options to routes across usa , making it possible for more Americans – particularly price sensitive consumers who pay their own fares – to travel.
JetBlue’s acquisition of Spirit would eliminate “Spirit Effect,” where Spirit’s presence in a market forces other air carriers,
including JetBlue, to lower their fares. That deal also would eliminate half of ultra-low-cost capacity in usa .
This will lead to higher fares and fewer seats, harming millions of consumers on hundreds of routes.
“As our complaint alleges, merger of JetBlue and Spirit would result in higher fares and fewer choices for tens of millions of travelers,
with greatest impact felt by those who rely on what are known as ultra-low-cost carriers in order to fly,” said Attorney General Merrick B. Garland.
“Companies in every industry should understand by now that this Justice Department will not hesitate to enforce our antitrust laws and
protect American consumers.”
“Our complaint alleges that JetBlue’s acquisition of Spirit would particularly hurt cost-conscious travelers,” said Associate Attorney General
Vanita Gupta. “Ultra-low-cost carriers make air travel possible so more Americans can take a much-needed family vacation or celebrate or
mourn together with loved ones. We allege that the proposed merger would lead to fewer seats and higher prices for travelers.”
“JetBlue’s proposed acquisition of Spirit eliminates a disruptive, low-cost option for millions of Americans.
Whether they fly Spirit or not, travelers throughout the United States benefit from an independent Spirit because where Spirit compete ,
other airlines – including JetBlue – are forced to compete more vigorously by lowering fares, offering greater innovations, and
delivering more consumer choice,” said Principal Deputy Assistant Attorney General Doha Mekki of the Justice Department's Antitrust Division.
“This transaction occurs against the backdrop of years of airline consolidation in the United States.”
The complaint, which seeks to block the acquisition under Section 7 of the Clayton Act, allege Spirit has been a particularly disruptive force,
growing rapidly, introducing innovative products, and allowing customers to choose which services to purchase, all while charging customers
very low fares. Spirit has forced larger airlines, particularly the already-low-cost JetBlue, to compete for customers by introducing unbundled,
customizable ticket options and lowering their own fares, allowing more Americans to travel.
If that acquisition is allowed to proceed then prices would increase on routes where those 2 airlines currently compete.
This is particularly the case on the over 40 direct routes where those 2 companies’ combined market shares are so high that
the deal is presumptively anticompetitive.
As further alleged in that complaint, in last 10 year , Spirit has doubled its network in size and, before this deal,
expected to continue expanding at a quick pace. The acquisition stops this future competition before it starts.
The acquisition would also make it easier for remaining airlines to coordinate to charge travelers higher fares or limit capacity.
JetBlue has already partnered with American Airlines, largest airline in the world, through Northeast Alliance, which Department sued to block.
Now, JetBlue is doubling down on consolidation, seeking to acquire and eliminate its main ultra-low-cost competitor, depriving travelers of
yet another choice.
If allowed to eliminate the Spirit option then JetBlue would likely increase prices on every route where Spirit flies today.
As a result, travelers who previously preferred Spirit’s lower-price, no-frills service would either have to pay more for amenities
they do not want, or may no longer be able to afford to travel at all.
JetBlue is a Delaware corporation headquartered in Long Island City, New York. In 2022, it flew over 39 million passengers to approximately
107 destinations around the world, earning about $9.1 billion in revenue.
Spirit is a Delaware corporation headquartered in Miramar, Florida. In 2022, it flew over 38 million passengers to approximately
92 destinations in the Americas, earning about $5 billion in revenue.
Updated March 7, 2023
================================================================================================================================================================================================================
---https://delcode.delaware.gov/title8/c001/sc07/ from google ( board director election frequency delaware ) result 1
TITLE 8
Corporations
CHAPTER 1. General Corporation Law
Subchapter VII. Meetings, Elections, Voting and Notice
§ 211. Meetings of stockholders.
(a) (1) Meetings of stockholders may be held at such place, either within or without this State as may be designated by or in the manner provided
in the certificate of incorporation or bylaws, or if not so designated, as determined by the board of directors. If, pursuant to this paragraph or
the certificate of incorporation or the bylaws of the corporation, the board of directors is authorized to determine the place of a meeting of
stockholders, the board of directors may, in its sole discretion, determine that the meeting shall not be held at any place, but may instead
be held solely by means of remote communication as authorized by paragraph (a)(2) of this section.
(2) If authorized by the board of directors in its sole discretion, and subject to such guidelines and procedures as the board of directors may adopt, stockholders and proxyholders not physically present at a meeting of stockholders may, by means of remote communication:
a. Participate in a meeting of stockholders; and
b. Be deemed present in person and vote at a meeting of stockholders, whether such meeting is to be held at a designated place or solely by means of remote communication, provided that (i) the corporation shall implement reasonable measures to verify that each person deemed present and permitted to vote at the meeting by means of remote communication is a stockholder or proxyholder, (ii) the corporation shall implement reasonable measures to provide such stockholders and proxyholders a reasonable opportunity to participate in the meeting and to vote on matters submitted to the stockholders, including an opportunity to read or hear the proceedings of the meeting substantially concurrently with such proceedings, and (iii) if any stockholder or proxyholder votes or takes other action at the meeting by means of remote communication, a record of such vote or other action shall be maintained by the corporation.
(b) Unless directors are elected by written consent in lieu of an annual meeting as permitted by this subsection ,
an annual meeting of stockholders shall be held for the election of directors on a date and at a time designated by or in manner provided in
the bylaws. Stockholders may, unless the certificate of incorporation otherwise provides, act by written consent to elect directors;
provided, however, that, if such consent is less than unanimous, such action by written consent may be in lieu of holding
an annual meeting only if all of the directorships to which directors could be elected at an annual meeting held at the effective time of
such action are vacant and are filled by such action. Any other proper business may be transacted at the annual meeting.
(c) A failure to hold annual meeting at designated time or to elect a sufficient number of directors to conduct business of
that corporation shall not affect otherwise valid corporate acts or work a forfeiture or dissolution of the corporation except as may be
otherwise specifically provided in this chapter. If annual meeting for election of directors is not held on the date designated therefor or
action by written consent to elect directors in lieu of an annual meeting has not been taken , then directors shall cause a meeting to be held as
soon as is convenient. If there is a failure to hold annual meeting or to take action by written consent to elect directors in lieu of
an annual meeting for a period of 30 days after the date designated for that annual meeting, or if no date has been designated, for a period of
13 month after the latest meeting occur , its last annual meeting or the last action by written consent
to elect directors in lieu of an annual meeting, the Court of Chancery may summarily order a meeting to be held upon the application of
any stockholder or director. The shares of stock represented at such meeting, either in person or by proxy, and entitled to vote thereat,
shall constitute a quorum for the purpose of such meeting, notwithstanding any provision of the certificate of incorporation or bylaws
to the contrary. The Court of Chancery may issue such orders as may be appropriate, including, without limitation, orders designating
the time and place of such meeting, the record date or dates for determination of stockholders entitled to notice of the meeting and
to vote thereat, and the form of notice of such meeting.
(d) Special meetings of the stockholders may be called by the board of directors or by such person or persons as may be authorized by
the certificate of incorporation or by the bylaws.
(e) All elections of directors shall be by written ballot unless otherwise provided in the certificate of incorporation;
if authorized by the board of directors, such requirement of a written ballot shall be satisfied by a ballot submitted by electronic transmission,
provided that any such electronic transmission must either set forth or be submitted with information from which it can be determined that
the electronic transmission was authorized by the stockholder or proxy holder.
8 Del. C. 1953, § 211; 56 Del. Laws, c. 50; 56 Del. Laws, c. 186, § 12; 63 Del. Laws, c. 25, § 4; 71 Del. Laws, c. 120, §§ 12, 13; 72 Del. Laws, c. 343, §§ 7, 8; 77 Del. Laws, c. 14, § 4;
§ 212. Voting rights of stockholders; proxies; limitations.
(a) Unless otherwise provided in the certificate of incorporation and subject to § 213 of this title, each stockholder shall be entitled
to 1 vote for each share of capital stock held by such stockholder. If the certificate of incorporation provides for more or less than 1 vote
for any share, on any matter, every reference in this chapter to a majority or other proportion of stock, voting stock or shares shall refer
to such majority or other proportion of the votes of such stock, voting stock or shares.
(b) Each stockholder entitled to vote at a meeting of stockholders or to express consent or dissent to corporate action in writing without
a meeting may authorize another person or persons to act for such stockholder by proxy, but no such proxy shall be voted or acted upon after
3 years from its date, unless the proxy provides for a longer period.
(c) Without limiting the manner in which a stockholder may authorize another person or persons to act for such stockholder as proxy pursuant
to subsection (b) of this section, the following shall constitute a valid means by which a stockholder may grant such authority:
(1) A stockholder, or such stockholder’s authorized officer, director, employee or agent, may execute a document authorizing another person or
persons to act for such stockholder as proxy.
(2) A stockholder may authorize another person or persons to act for such stockholder as proxy by transmitting or authorizing the transmission of
an electronic transmission to the person who will be the holder of the proxy or to a proxy solicitation firm, proxy support service organization or
like agent duly authorized by the person who will be the holder of the proxy to receive such transmission, provided that any such transmission
must either set forth or be submitted with information from which it can be determined that the transmission was authorized by the stockholder.
If it is determined that such transmissions are valid, the inspectors or, if there are no inspectors, such other persons making that determination
shall specify the information upon which they relied.
(3) The authorization of a person to act as a proxy may be documented, signed and delivered in accordance with § 116 of this title, provided that such authorization shall set forth, or be delivered with information enabling the corporation to determine, the identity of the stockholder granting such authorization.
(d) Any copy, facsimile telecommunication or other reliable reproduction of the document (including any electronic transmission) created pursuant to subsection (c) of this section may be substituted or used in lieu of the original document for any and all purposes for which the original document could be used, provided that such copy, facsimile telecommunication or other reproduction shall be a complete reproduction of the entire original document.
(e) A duly executed proxy shall be irrevocable if it states that it is irrevocable and if, and only as long as, it is coupled with an interest sufficient in law to support an irrevocable power. A proxy may be made irrevocable regardless of whether the interest with which it is coupled is an interest in the stock itself or an interest in the corporation generally.
8 Del. C. 1953, § 212; 56 Del. Laws, c. 50; 57 Del. Laws, c. 148, § 12; 67 Del. Laws, c. 376, § 6; 71 Del. Laws, c. 339, §§ 28-31; 73 Del. Laws, c. 298, § 7; 82 Del. Laws, c. 45, § 7; 82 Del. Laws, c. 256, § 10;
§ 213. Fixing date for determination of stockholders of record.
(a) In order that the corporation may determine the stockholders entitled to notice of any meeting of stockholders or any adjournment thereof, the board of directors may fix a record date, which record date shall not precede the date upon which the resolution fixing the record date is adopted by the board of directors, and which record date shall not be more than 60 nor less than 10 days before the date of such meeting. If the board of directors so fixes a date, such date shall also be the record date for determining the stockholders entitled to vote at such meeting unless the board of directors determines, at the time it fixes such record date, that a later date on or before the date of the meeting shall be the date for making such determination. If no record date is fixed by the board of directors, the record date for determining stockholders entitled to notice of and to vote at a meeting of stockholders shall be at the close of business on the day next preceding the day on which notice is given, or, if notice is waived, at the close of business on the day next preceding the day on which the meeting is held. A determination of stockholders of record entitled to notice of or to vote at a meeting of stockholders shall apply to any adjournment of the meeting; provided, however, that the board of directors may fix a new record date for determination of stockholders entitled to vote at the adjourned meeting, and in such case shall also fix as the record date for stockholders entitled to notice of such adjourned meeting the same or an earlier date as that fixed for determination of stockholders entitled to vote in accordance with the foregoing provisions of this subsection (a) at the adjourned meeting.
(b) In order that the corporation may determine the stockholders entitled to consent to corporate action without a meeting in accordance with § 228 of this title, the board of directors may fix a record date, which record date shall not precede the date upon which the resolution fixing the record date is adopted by the board of directors, and which date shall not be more than 10 days after the date upon which the resolution fixing the record date is adopted by the board of directors. If no record date has been fixed by the board of directors, the record date for determining stockholders entitled to consent to corporate action without a meeting, when no prior action by the board of directors is required by this chapter, shall be the first date on which a signed consent setting forth the action taken or proposed to be taken is delivered to the corporation in accordance with § 228(d) of this title. If no record date has been fixed by the board of directors and prior action by the board of directors is required by this chapter, the record date for determining stockholders entitled to consent to corporate action in writing without a meeting shall be at the close of business on the day on which the board of directors adopts the resolution taking such prior action.
(c) In order that the corporation may determine the stockholders entitled to receive payment of any dividend or other distribution or allotment of any rights or the stockholders entitled to exercise any rights in respect of any change, conversion or exchange of stock, or for the purpose of any other lawful action, the board of directors may fix a record date, which record date shall not precede the date upon which the resolution fixing the record date is adopted, and which record date shall be not more than 60 days prior to such action. If no record date is fixed, the record date for determining stockholders for any such purpose shall be at the close of business on the day on which the board of directors adopts the resolution relating thereto.
8 Del. C. 1953, § 213; 56 Del. Laws, c. 50; 57 Del. Laws, c. 148, § 13; 66 Del. Laws, c. 136, §§ 7-9; 77 Del. Laws, c. 14, § 5; 82 Del. Laws, c. 256, § 11;
§ 214. Cumulative voting.
The certificate of incorporation of any corporation may provide that at all elections of directors of the corporation, or at elections held under specified circumstances, each holder of stock or of any class or classes or of a series or series thereof shall be entitled to as many votes as shall equal the number of votes which (except for such provision as to cumulative voting) such holder would be entitled to cast for the election of directors with respect to such holder’s shares of stock multiplied by the number of directors to be elected by such holder, and that such holder may cast all of such votes for a single director or may distribute them among the number to be voted for, or for any 2 or more of them as such holder may see fit.
8 Del. C. 1953, § 214; 56 Del. Laws, c. 50; 57 Del. Laws, c. 148, § 37; 57 Del. Laws, c. 421, § 5; 71 Del. Laws, c. 339, § 32;
§ 215. Voting rights of members of nonstock corporations; quorum; proxies.
(a) Sections 211 through 214 and 216 of this title shall not apply to nonstock corporations, except that § 211(a) and (d) of this title and § 212(c), (d), and (e) of this title shall apply to such corporations, and, when so applied, all references therein to stockholders and to the board of directors shall be deemed to refer to the members and the governing body of a nonstock corporation, respectively; and all references to stock, capital stock, or shares thereof shall be deemed to refer to memberships of a nonprofit nonstock corporation and to membership interests of any other nonstock corporation.
(b) Unless otherwise provided in the certificate of incorporation or the bylaws of a nonstock corporation, and subject to subsection (f) of this section, each member shall be entitled at every meeting of members to 1 vote on each matter submitted to a vote of members. A member may exercise such voting rights in person or by proxy, but no proxy shall be voted on after 3 years from its date, unless the proxy provides for a longer period.
(c) Unless otherwise provided in this chapter, the certificate of incorporation or bylaws of a nonstock corporation may specify the number of members having voting power who shall be present or represented by proxy at any meeting in order to constitute a quorum for, and the votes that shall be necessary for, the transaction of any business. In the absence of such specification in the certificate of incorporation or bylaws of a nonstock corporation:
(1) One-third of the members of such corporation shall constitute a quorum at a meeting of such members;
(2) In all matters other than the election of the governing body of such corporation, the affirmative vote of a majority of such members present in person or represented by proxy at the meeting and entitled to vote on the subject matter shall be the act of the members, unless the vote of a greater number is required by this chapter;
(3) Members of the governing body shall be elected by a plurality of the votes of the members of the corporation present in person or represented by proxy at the meeting and entitled to vote thereon; and
(4) Where a separate vote by a class or group or classes or groups is required, a majority of the members of such class or group or classes or groups, present in person or represented by proxy, shall constitute a quorum entitled to take action with respect to that vote on that matter and, in all matters other than the election of members of the governing body, the affirmative vote of the majority of the members of such class or group or classes or groups present in person or represented by proxy at the meeting shall be the act of such class or group or classes or groups.
(d) If the election of the governing body of any nonstock corporation shall not be held on the day designated by the bylaws, the governing body shall cause the election to be held as soon thereafter as convenient. The failure to hold such an election at the designated time shall not work any forfeiture or dissolution of the corporation, but the Court of Chancery may summarily order such an election to be held upon the application of any member of the corporation. At any election pursuant to such order the persons entitled to vote in such election who shall be present at such meeting, either in person or by proxy, shall constitute a quorum for such meeting, notwithstanding any provision of the certificate of incorporation or the bylaws of the corporation to the contrary.
(e) If authorized by the governing body, any requirement of a written ballot shall be satisfied by a ballot submitted by electronic transmission, provided that any such electronic transmission must either set forth or be submitted with information from which it can be determined that the electronic transmission was authorized by the member or proxy holder.
(f) Except as otherwise provided in the certificate of incorporation, in the bylaws, or by resolution of the governing body, the record date for any meeting or corporate action shall be deemed to be the date of such meeting or corporate action; provided, however, that no record date may precede any action by the governing body fixing such record date.
8 Del. C. 1953, § 215; 56 Del. Laws, c. 50; 63 Del. Laws, c. 25, §§ 5, 6; 71 Del. Laws, c. 339, § 33; 73 Del. Laws, c. 82, §§ 8, 9; 77 Del. Laws, c. 253, § 19;
§ 216. Quorum and required vote for stock corporations.
Subject to this chapter in respect of the vote that shall be required for a specified action, the certificate of incorporation or bylaws of any corporation authorized to issue stock may specify the number of shares and/or the amount of other securities having voting power the holders of which shall be present or represented by proxy at any meeting in order to constitute a quorum for, and the votes that shall be necessary for, the transaction of any business, but in no event shall a quorum consist of less than 1/3 of the shares entitled to vote at the meeting, except that, where a separate vote by a class or series or classes or series is required, a quorum shall consist of no less than 1/3 of the shares of such class or series or classes or series. In the absence of such specification in the certificate of incorporation or bylaws of the corporation:
(1) A majority of the shares entitled to vote, present in person or represented by proxy, shall constitute a quorum at a meeting of stockholders;
(2) In all matters other than the election of directors, the affirmative vote of the majority of shares present in person or represented by proxy at the meeting and entitled to vote on the subject matter shall be the act of the stockholders;
(3) Directors shall be elected by a plurality of the votes of the shares present in person or represented by proxy at the meeting and entitled to vote on the election of directors; and
(4) Where a separate vote by a class or series or classes or series is required, a majority of the outstanding shares of such class or series or classes or series, present in person or represented by proxy, shall constitute a quorum entitled to take action with respect to that vote on that matter and, in all matters other than the election of directors, the affirmative vote of the majority of shares of such class or series or classes or series present in person or represented by proxy at the meeting shall be the act of such class or series or classes or series.
A bylaw amendment adopted by stockholders which specifies the votes that shall be necessary for the election of directors shall not be further amended or repealed by the board of directors.
8 Del. C. 1953, § 216; 56 Del. Laws, c. 50; 63 Del. Laws, c. 25, § 7; 64 Del. Laws, c. 112, § 21; 66 Del. Laws, c. 136, §§ 10, 11; 71 Del. Laws, c. 339, §§ 34, 35; 75 Del. Laws, c. 306, § 5; 76 Del. Laws, c. 145, § 3;
§ 217. Voting rights of fiduciaries, pledgors and joint owners of stock.
(a) Persons holding stock in a fiduciary capacity shall be entitled to vote the shares so held. Persons whose stock is pledged shall be entitled to vote, unless in the transfer by the pledgor on the books of the corporation such person has expressly empowered the pledgee to vote thereon, in which case only the pledgee, or such pledgee’s proxy, may represent such stock and vote thereon.
(b) If shares or other securities having voting power stand of record in the names of 2 or more persons, whether fiduciaries, members of a partnership, joint tenants, tenants in common, tenants by the entirety or otherwise, or if 2 or more persons have the same fiduciary relationship respecting the same shares, unless the secretary of the corporation is given written notice to the contrary and is furnished with a copy of the instrument or order appointing them or creating the relationship wherein it is so provided, their acts with respect to voting shall have the following effect:
(1) If only 1 votes, such person’s act binds all;
(2) If more than 1 vote, the act of the majority so voting binds all;
(3) If more than 1 vote, but the vote is evenly split on any particular matter, each faction may vote the securities in question proportionally, or any person voting the shares, or a beneficiary, if any, may apply to the Court of Chancery or such other court as may have jurisdiction to appoint an additional person to act with the persons so voting the shares, which shall then be voted as determined by a majority of such persons and the person appointed by the Court. If the instrument so filed shows that any such tenancy is held in unequal interests, a majority or even split for the purpose of this subsection shall be a majority or even split in interest.
8 Del. C. 1953, § 217; 56 Del. Laws, c. 50; 71 Del. Laws, c. 339, §§ 36, 37;
§ 218. Voting trusts and other voting agreements.
(a) One stockholder or 2 or more stockholders may by agreement in writing deposit capital stock of an original issue with or transfer capital stock to any person or persons, or entity or entities authorized to act as trustee, for the purpose of vesting in such person or persons, entity or entities, who may be designated voting trustee, or voting trustees, the right to vote thereon for any period of time determined by such agreement, upon the terms and conditions stated in such agreement. The agreement may contain any other lawful provisions not inconsistent with such purpose. After delivery of a copy of the agreement to the registered office of the corporation in this State or the principal place of business of the corporation, which copy shall be open to the inspection of any stockholder of the corporation or any beneficiary of the trust under the agreement daily during business hours, certificates of stock or uncertificated stock shall be issued to the voting trustee or trustees to represent any stock of an original issue so deposited with such voting trustee or trustees, and any certificates of stock or uncertificated stock so transferred to the voting trustee or trustees shall be surrendered and cancelled and new certificates or uncertificated stock shall be issued therefore to the voting trustee or trustees. In the certificate so issued, if any, it shall be stated that it is issued pursuant to such agreement, and that fact shall also be stated in the stock ledger of the corporation. The voting trustee or trustees may vote the stock so issued or transferred during the period specified in the agreement. Stock standing in the name of the voting trustee or trustees may be voted either in person or by proxy, and in voting the stock, the voting trustee or trustees shall incur no responsibility as stockholder, trustee or otherwise, except for their own individual malfeasance. In any case where 2 or more persons or entities are designated as voting trustees, and the right and method of voting any stock standing in their names at any meeting of the corporation are not fixed by the agreement appointing the trustees, the right to vote the stock and the manner of voting it at the meeting shall be determined by a majority of the trustees, or if they be equally divided as to the right and manner of voting the stock in any particular case, the vote of the stock in such case shall be divided equally among the trustees.
(b) Any amendment to a voting trust agreement shall be made by a written agreement, a copy of which shall be delivered to the registered office of the corporation in this State or principal place of business of the corporation.
(c) An agreement between 2 or more stockholders, if in writing and signed by the parties thereto, may provide that in exercising any voting rights, the shares held by them shall be voted as provided by the agreement, or as the parties may agree, or as determined in accordance with a procedure agreed upon by them.
(d) This section shall not be deemed to invalidate any voting or other agreement among stockholders or any irrevocable proxy which is not otherwise illegal.
8 Del. C. 1953, § 218; 56 Del. Laws, c. 50; 56 Del. Laws, c. 186, § 13; 57 Del. Laws, c. 148, § 14; 63 Del. Laws, c. 25, § 8; 64 Del. Laws, c. 112, § 22; 69 Del. Laws, c. 263, §§ 1-6; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 339, § 38; 73 Del. Laws, c. 82, § 10; 79 Del. Laws, c. 327, § 4;
§ 219. List of stockholders entitled to vote; penalty for refusal to produce; stock ledger.
(a) The corporation shall prepare, no later than the tenth day before each meeting of stockholders, a complete list of the stockholders entitled to vote at the meeting; provided, however, if the record date for determining the stockholders entitled to vote is less than 10 days before the meeting date, the list shall reflect the stockholders entitled to vote as of the tenth day before the meeting date, arranged in alphabetical order, and showing the address of each stockholder and the number of shares registered in the name of each stockholder. Nothing contained in this section shall require the corporation to include electronic mail addresses or other electronic contact information on such list. Such list shall be open to the examination of any stockholder for any purpose germane to the meeting for a period of 10 days ending on the day before the meeting date: (i) on a reasonably accessible electronic network, provided that the information required to gain access to such list is provided with the notice of the meeting, or (ii) during ordinary business hours, at the principal place of business of the corporation. In the event that the corporation determines to make the list available on an electronic network, the corporation may take reasonable steps to ensure that such information is available only to stockholders of the corporation.
(b) If the corporation, or an officer or agent of the corporation, refuses to permit examination of the list by a stockholder, such stockholder may apply to the Court of Chancery for an order to compel the corporation to permit such examination. The burden of proof shall be on the corporation to establish that the examination such stockholder seeks is for a purpose not germane to the meeting. The Court may summarily order the corporation to permit examination of the list upon such conditions as the Court may deem appropriate, and may make such additional orders as may be appropriate, including, without limitation, postponing the meeting or voiding the results of the meeting.
(c) For purposes of this chapter, “stock ledger” means 1 or more records administered by or on behalf of the corporation in which the names of all of the corporation’s stockholders of record, the address and number of shares registered in the name of each such stockholder, and all issuances and transfers of stock of the corporation are recorded in accordance with § 224 of this title. The stock ledger shall be the only evidence as to who are the stockholders entitled by this section to examine the list required by this section or to vote in person or by proxy at any meeting of stockholders.
8 Del. C. 1953, § 219; 56 Del. Laws, c. 50; 72 Del. Laws, c. 343, §§ 9, 10; 74 Del. Laws, c. 84, § 4; 76 Del. Laws, c. 252, §§ 1, 2; 77 Del. Laws, c. 14, § 6; 81 Del. Laws, c. 86, §§ 5, 6; 83 Del. Laws, c. 377, § 6;
§ 220. Inspection of books and records.
(a) As used in this section:
(1) “Stockholder” means a holder of record of stock in a stock corporation, or a person who is the beneficial owner of shares of such stock held either in a voting trust or by a nominee on behalf of such person.
(2) “Subsidiary” means any entity directly or indirectly owned, in whole or in part, by the corporation of which the stockholder is a stockholder and over the affairs of which the corporation directly or indirectly exercises control, and includes, without limitation, corporations, partnerships, limited partnerships, limited liability partnerships, limited liability companies, statutory trusts and/or joint ventures.
(3) “Under oath” includes statements the declarant affirms to be true under penalty of perjury under the laws of the United States or any state.
(b) Any stockholder, in person or by attorney or other agent, shall, upon written demand under oath stating the purpose thereof, have the right during the usual hours for business to inspect for any proper purpose, and to make copies and extracts from:
(1) The corporation’s stock ledger, a list of its stockholders, and its other books and records; and
(2) A subsidiary’s books and records, to the extent that:
a. The corporation has actual possession and control of such records of such subsidiary; or
b. The corporation could obtain such records through the exercise of control over such subsidiary, provided that as of the date of the making of the demand:
1. The stockholder inspection of such books and records of the subsidiary would not constitute a breach of an agreement between the corporation or the subsidiary and a person or persons not affiliated with the corporation; and
2. The subsidiary would not have the right under the law applicable to it to deny the corporation access to such books and records upon demand by the corporation.
In every instance where the stockholder is other than a record holder of stock in a stock corporation, or a member of a nonstock corporation, the demand under oath shall state the person’s status as a stockholder, be accompanied by documentary evidence of beneficial ownership of the stock, and state that such documentary evidence is a true and correct copy of what it purports to be. A proper purpose shall mean a purpose reasonably related to such person’s interest as a stockholder. In every instance where an attorney or other agent shall be the person who seeks the right to inspection, the demand under oath shall be accompanied by a power of attorney or such other writing which authorizes the attorney or other agent to so act on behalf of the stockholder. The demand under oath shall be directed to the corporation at its registered office in this State or at its principal place of business.
(c) If the corporation, or an officer or agent thereof, refuses to permit an inspection sought by a stockholder or attorney or other agent acting for the stockholder pursuant to subsection (b) of this section or does not reply to the demand within 5 business days after the demand has been made, the stockholder may apply to the Court of Chancery for an order to compel such inspection. The Court of Chancery is hereby vested with exclusive jurisdiction to determine whether or not the person seeking inspection is entitled to the inspection sought. The Court may summarily order the corporation to permit the stockholder to inspect the corporation’s stock ledger, an existing list of stockholders, and its other books and records, and to make copies or extracts therefrom; or the Court may order the corporation to furnish to the stockholder a list of its stockholders as of a specific date on condition that the stockholder first pay to the corporation the reasonable cost of obtaining and furnishing such list and on such other conditions as the Court deems appropriate. Where the stockholder seeks to inspect the corporation’s books and records, other than its stock ledger or list of stockholders, such stockholder shall first establish that:
(1) Such stockholder is a stockholder;
(2) Such stockholder has complied with this section respecting the form and manner of making demand for inspection of such documents; and
(3) The inspection such stockholder seeks is for a proper purpose.
Where the stockholder seeks to inspect the corporation’s stock ledger or list of stockholders and establishes that such stockholder is a stockholder and has complied with this section respecting the form and manner of making demand for inspection of such documents, the burden of proof shall be upon the corporation to establish that the inspection such stockholder seeks is for an improper purpose. The Court may, in its discretion, prescribe any limitations or conditions with reference to the inspection, or award such other or further relief as the Court may deem just and proper. The Court may order books, documents and records, pertinent extracts therefrom, or duly authenticated copies thereof, to be brought within this State and kept in this State upon such terms and conditions as the order may prescribe.
(d) Any director shall have the right to examine the corporation’s stock ledger, a list of its stockholders and its other books and records for a purpose reasonably related to the director’s position as a director. The Court of Chancery is hereby vested with the exclusive jurisdiction to determine whether a director is entitled to the inspection sought. The Court may summarily order the corporation to permit the director to inspect any and all books and records, the stock ledger and the list of stockholders and to make copies or extracts therefrom. The burden of proof shall be upon the corporation to establish that the inspection such director seeks is for an improper purpose. The Court may, in its discretion, prescribe any limitations or conditions with reference to the inspection, or award such other and further relief as the Court may deem just and proper.
8 Del. C. 1953, § 220; 56 Del. Laws, c. 50; 63 Del. Laws, c. 25, § 9; 70 Del. Laws, c. 79, §§ 11, 12; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 339, § 39; 74 Del. Laws, c. 84, §§ 5-8; 77 Del. Laws, c. 253, §§ 20-23;
§ 221. Voting, inspection and other rights of bondholders and debenture holders.
Every corporation may in its certificate of incorporation confer upon the holders of any bonds, debentures or other obligations issued or to be issued by the corporation the power to vote in respect to the corporate affairs and management of the corporation to the extent and in the manner provided in the certificate of incorporation and may confer upon such holders of bonds, debentures or other obligations the same right of inspection of its books, accounts and other records, and also any other rights, which the stockholders of the corporation have or may have by reason of this chapter or of its certificate of incorporation. If the certificate of incorporation so provides, such holders of bonds, debentures or other obligations shall be deemed to be stockholders, and their bonds, debentures or other obligations shall be deemed to be shares of stock, for the purpose of any provision of this chapter which requires the vote of stockholders as a prerequisite to any corporate action and the certificate of incorporation may divest the holders of capital stock, in whole or in part, of their right to vote on any corporate matter whatsoever, except as set forth in § 242(b)(2) of this title.
8 Del. C. 1953, § 221; 56 Del. Laws, c. 50; 57 Del. Laws, c. 421, § 6; 65 Del. Laws, c. 127, § 6;
§ 222. Notice of meetings and adjourned meetings.
(a) Whenever stockholders are required or permitted to take any action at a meeting, a notice of the meeting shall be given in accordance with § 232 of this title, and such notice shall state the place, if any, date and hour of the meeting, the means of remote communications, if any, by which stockholders and proxy holders may be deemed to be present in person and vote at such meeting, the record date for determining the stockholders entitled to vote at the meeting, if such date is different from the record date for determining stockholders entitled to notice of the meeting, and, in the case of a special meeting, the purpose or purposes for which the meeting is called.
(b) Unless otherwise provided in this chapter, the notice of any meeting shall be given not less than 10 nor more than 60 days before the date of the meeting to each stockholder entitled to vote at such meeting as of the record date for determining the stockholders entitled to notice of the meeting.
(c) Unless the bylaws otherwise require, when a meeting is adjourned to another time or place, (including an adjournment taken to address a technical failure to convene or continue a meeting using remote communication), notice need not be given of the adjourned meeting if the time, place, if any, thereof, and the means of remote communications, if any, by which stockholders and proxy holders may be deemed to be present in person and vote at such adjourned meeting are (i) announced at the meeting at which the adjournment is taken, (ii) displayed, during the time scheduled for the meeting, on the same electronic network used to enable stockholders and proxy holders to participate in the meeting by means of remote communication or (iii) set forth in the notice of meeting given in accordance with subsection (a) of this section. At the adjourned meeting the corporation may transact any business which might have been transacted at the original meeting. If the adjournment is for more than 30 days, a notice of the adjourned meeting shall be given to each stockholder of record entitled to vote at the meeting. If after the adjournment a new record date for stockholders entitled to vote is fixed for the adjourned meeting, the board of directors shall fix a new record date for notice of such adjourned meeting in accordance with § 213(a) of this title, and shall give notice of the adjourned meeting to each stockholder of record entitled to vote at such adjourned meeting as of the record date fixed for notice of such adjourned meeting.
8 Del. C. 1953, § 222; 56 Del. Laws, c. 50; 58 Del. Laws, c. 235, § 3; 71 Del. Laws, c. 339, § 40; 72 Del. Laws, c. 343, §§ 11-13; 77 Del. Laws, c. 14, §§ 7-9; 82 Del. Laws, c. 45, § 8; 83 Del. Laws, c. 377, § 7;
§ 223. Vacancies and newly created directorships.
(a) Unless otherwise provided in the certificate of incorporation or bylaws:
(1) Vacancies and newly created directorships resulting from any increase in the authorized number of directors elected by all of the stockholders having the right to vote as a single class may be filled by a majority of the directors then in office, although less than a quorum, or by a sole remaining director;
(2) Whenever the holders of any class or classes of stock or series thereof are entitled to elect 1 or more directors by the certificate of incorporation, vacancies and newly created directorships of such class or classes or series may be filled by a majority of the directors elected by such class or classes or series thereof then in office, or by a sole remaining director so elected.
If at any time, by reason of death or resignation or other cause, a corporation should have no directors in office, then any officer or any stockholder or an executor, administrator, trustee or guardian of a stockholder, or other fiduciary entrusted with like responsibility for the person or estate of a stockholder, may call a special meeting of stockholders in accordance with the certificate of incorporation or the bylaws, or may apply to the Court of Chancery for a decree summarily ordering an election as provided in § 211 or § 215 of this title.
(b) In the case of a corporation the directors of which are divided into classes, any directors chosen under subsection (a) of this section shall hold office until the next election of the class for which such directors shall have been chosen, and until their successors shall be elected and qualified.
(c) If, at the time of filling any vacancy or any newly created directorship, the directors then in office shall constitute less than a majority of the whole board (as constituted immediately prior to any such increase), the Court of Chancery may, upon application of any stockholder or stockholders holding at least 10 percent of the voting stock at the time outstanding having the right to vote for such directors, summarily order an election to be held to fill any such vacancies or newly created directorships, or to replace the directors chosen by the directors then in office as aforesaid, which election shall be governed by § 211 or § 215 of this title as far as applicable.
(d) Unless otherwise provided in the certificate of incorporation or bylaws, when 1 or more directors shall resign from the board, effective at a future date, a majority of the directors then in office, including those who have so resigned, shall have power to fill such vacancy or vacancies, the vote thereon to take effect when such resignation or resignations shall become effective, and each director so chosen shall hold office as provided in this section in the filling of other vacancies.
8 Del. C. 1953, § 223; 56 Del. Laws, c. 50; 63 Del. Laws, c. 25, § 10; 73 Del. Laws, c. 298, § 8; 77 Del. Laws, c. 253, §§ 24, 25;
§ 224. Form of records.
Any records administered by or on behalf of the corporation in the regular course of its business, including its stock ledger, books of account, and minute books, may be kept on, or by means of, or be in the form of, any information storage device, method, or 1 or more electronic networks or databases (including 1 or more distributed electronic networks or databases), provided that the records so kept can be converted into clearly legible paper form within a reasonable time, and, with respect to the stock ledger, that the records so kept (i) can be used to prepare the list of stockholders specified in §§ 219 and 220 of this title, (ii) record the information specified in §§ 156, 159, 217(a) and 218 of this title, and (iii) record transfers of stock as governed by Article 8 of subtitle I of Title 6. Any corporation shall convert any records so kept into clearly legible paper form upon the request of any person entitled to inspect such records pursuant to any provision of this chapter. When records are kept in such manner, a clearly legible paper form prepared from or by means of the information storage device, method, or 1 or more electronic networks or databases (including 1 or more distributed electronic networks or databases) shall be valid and admissible in evidence, and accepted for all other purposes, to the same extent as an original paper record of the same information would have been, provided the paper form accurately portrays the record.
8 Del. C. 1953, § 224; 56 Del. Laws, c. 50; 57 Del. Laws, c. 148, § 15; 72 Del. Laws, c. 343, § 14; 81 Del. Laws, c. 86, § 7;
§ 225. Contested election of directors; proceedings to determine validity.
(a) Upon application of any stockholder or director, or any officer whose title to office is contested, the Court of Chancery may hear and determine the validity of any election, appointment, removal or resignation of any director or officer of any corporation, and the right of any person to hold or continue to hold such office, and, in case any such office is claimed by more than 1 person, may determine the person entitled thereto; and to that end make such order or decree in any such case as may be just and proper, with power to enforce the production of any books, papers and records of the corporation relating to the issue. In case it should be determined that no valid election has been held, the Court of Chancery may order an election to be held in accordance with § 211 or § 215 of this title. In any such application, service of copies of the application upon the registered agent of the corporation shall be deemed to be service upon the corporation and upon the person whose title to office is contested and upon the person, if any, claiming such office; and the registered agent shall forward immediately a copy of the application to the corporation and to the person whose title to office is contested and to the person, if any, claiming such office, in a postpaid, sealed, registered letter addressed to such corporation and such person at their post-office addresses last known to the registered agent or furnished to the registered agent by the applicant stockholder. The Court may make such order respecting further or other notice of such application as it deems proper under the circumstances.
(b) Upon application of any stockholder or upon application of the corporation itself, the Court of Chancery may hear and determine the result of any vote of stockholders upon matters other than the election of directors or officers. Service of the application upon the registered agent of the corporation shall be deemed to be service upon the corporation, and no other party need be joined in order for the Court to adjudicate the result of the vote. The Court may make such order respecting notice of the application as it deems proper under the circumstances.
(c) If 1 or more directors has been convicted of a felony in connection with the duties of such director or directors to the corporation, or if there has been a prior judgment on the merits by a court of competent jurisdiction that 1 or more directors has committed a breach of the duty of loyalty in connection with the duties of such director or directors to that corporation, then, upon application by the corporation, or derivatively in the right of the corporation by any stockholder, in a subsequent action brought for such purpose, the Court of Chancery may remove from office such director or directors if the Court determines that the director or directors did not act in good faith in performing the acts resulting in the prior conviction or judgment and judicial removal is necessary to avoid irreparable harm to the corporation. In connection with such removal, the Court may make such orders as are necessary to effect such removal. In any such application, service of copies of the application upon the registered agent of the corporation shall be deemed to be service upon the corporation and upon the director or directors whose removal is sought; and the registered agent shall forward immediately a copy of the application to the corporation and to such director or directors, in a postpaid, sealed, registered letter addressed to such corporation and such director or directors at their post office addresses last known to the registered agent or furnished to the registered agent by the applicant. The Court may make such order respecting further or other notice of such application as it deems proper under the circumstances.
8 Del. C. 1953, § 225; 56 Del. Laws, c. 50; 63 Del. Laws, c. 25, § 11; 65 Del. Laws, c. 127, § 7; 74 Del. Laws, c. 84, § 9; 76 Del. Laws, c. 252, § 3; 77 Del. Laws, c. 14, § 10; 77 Del. Laws, c. 253, § 26;
§ 226. Appointment of custodian or receiver of corporation on deadlock or for other cause.
(a) The Court of Chancery, upon application of any stockholder, may appoint 1 or more persons to be custodians, and, if the corporation is insolvent, to be receivers, of and for any corporation when:
(1) At any meeting held for the election of directors the stockholders are so divided that they have failed to elect successors to directors whose terms have expired or would have expired upon qualification of their successors; or
(2) The business of the corporation is suffering or is threatened with irreparable injury because the directors are so divided respecting the management of the affairs of the corporation that the required vote for action by the board of directors cannot be obtained and the stockholders are unable to terminate this division; or
(3) The corporation has abandoned its business and has failed within a reasonable time to take steps to dissolve, liquidate or distribute its assets.
(b) A custodian appointed under this section shall have all the powers and title of a receiver appointed under § 291 of this title, but the authority of the custodian is to continue the business of the corporation and not to liquidate its affairs and distribute its assets, except when the Court shall otherwise order and except in cases arising under paragraph (a)(3) of this section or § 352(a)(2) of this title.
(c) In the case of a charitable nonstock corporation, the applicant shall provide a copy of any application referred to in subsection (a) of this section to the Attorney General of the State of Delaware within 1 week of its filing with the Court of Chancery.
8 Del. C. 1953, § 226; 56 Del. Laws, c. 50; 77 Del. Laws, c. 253, § 27;
§ 227. Powers of Court in elections of directors.
(a) The Court of Chancery, in any proceeding instituted under § 211, § 215 or § 225 of this title may determine the right and power of persons claiming to own stock to vote at any meeting of the stockholders.
(b) The Court of Chancery may appoint a Magistrate in Chancery to hold any election provided for in § 211, § 215 or § 225 of this title under such orders and powers as it deems proper; and it may punish any officer or director for contempt in case of disobedience of any order made by the Court; and, in case of disobedience by a corporation of any order made by the Court, may enter a decree against such corporation for a penalty of not more than $5,000.
8 Del. C. 1953, § 227; 56 Del. Laws, c. 50; 77 Del. Laws, c. 253, § 28; 84 Del. Laws, c. 101, § 1;
§ 228. Consent of stockholders or members in lieu of meeting [For application of section, see 81 Del. Laws, c. 86, § 40].
(a) Unless otherwise provided in the certificate of incorporation, any action required by this chapter to be taken at any annual or special meeting of stockholders of a corporation, or any action which may be taken at any annual or special meeting of such stockholders, may be taken without a meeting, without prior notice and without a vote, if a consent or consents, setting forth the action so taken, shall be signed by the holders of outstanding stock having not less than the minimum number of votes that would be necessary to authorize or take such action at a meeting at which all shares entitled to vote thereon were present and voted and shall be delivered to the corporation in the manner required by this section.
(b) Unless otherwise provided in the certificate of incorporation, any action required by this chapter to be taken at a meeting of the members of a nonstock corporation, or any action which may be taken at any meeting of the members of a nonstock corporation, may be taken without a meeting, without prior notice and without a vote, if a consent or consents, setting forth the action so taken, shall be signed by members having not less than the minimum number of votes that would be necessary to authorize or take such action at a meeting at which all members having a right to vote thereon were present and voted and shall be delivered to the corporation in the manner required by this section.
(c) A consent must be set forth in writing or in an electronic transmission. No consent shall be effective to take the corporate action referred to therein unless consents signed by a sufficient number of holders or members to take action are delivered to the corporation in the manner required by this section within 60 days of the first date on which a consent is so delivered to the corporation. Any person executing a consent may provide, whether through instruction to an agent or otherwise, that such consent will be effective at a future time, including a time determined upon the happening of an event, occurring not later than 60 days after such instruction is given or such provision is made, if evidence of the instruction or provision is provided to the corporation. If the person is not a stockholder or member of record when the consent is executed, the consent shall not be valid unless the person is a stockholder or member of record as of the record date for determining stockholders or members entitled to consent to the action. Unless otherwise provided, any such consent shall be revocable prior to its becoming effective. All references to a “consent” in this section means a consent permitted by this section.
(d) (1) A consent permitted by this section shall be delivered: (i) to the principal place of business of the corporation; (ii) to an officer or agent of the corporation having custody of the book in which proceedings of meetings of stockholders or members are recorded; (iii) to the registered office of the corporation in this State by hand or by certified or registered mail, return receipt requested; or (iv) subject to the next sentence, in accordance with § 116 of this title to an information processing system, if any, designated by the corporation for receiving such consents. In the case of delivery pursuant to the foregoing clause (iv), such consent must set forth or be delivered with information that enables the corporation to determine the date of delivery of such consent and the identity of the person giving such consent, and, if such consent is given by a person authorized to act for a stockholder or member as proxy, such consent must comply with the applicable provisions of § 212(c)(2) and (3) of this title.
(2) Any copy, facsimile or other reliable reproduction of a consent in writing may be substituted or used in lieu of the original writing for any and all purposes for which the original writing could be used, provided that such copy, facsimile or other reproduction shall be a complete reproduction of the entire original writing. A consent may be documented and signed in accordance with § 116 of this title, and when so documented or signed shall be deemed to be in writing for purposes of this title; provided that if such consent is delivered pursuant to clause (i), (ii) or (iii) of paragraph (d)(1) of this section, such consent must be reproduced and delivered in paper form.
(e) If an action by consent under subsections (a) or (b) of this section has been taken by stockholders or members by less than unanimous consent, prompt notice of the taking of the action by consent shall be given to those stockholders or members as of the record date for the action by consent who have not consented and who would have been entitled to notice of the meeting if the action had been taken at a meeting and the record date for the notice of the meeting were the record date for the action by consent. The notice required by this subsection may be provided by a notice which constitutes a notice of internet availability of proxy materials under rules promulgated under the Securities Exchange Act of 1934, 15 U.S.C. § 78a et seq. In the event that the action which is consented to is such as would have required the filing of a certificate under any other section of this title, if such action had been voted on by stockholders or by members at a meeting thereof, the certificate filed under such other section shall state, in lieu of any statement required by such section concerning any vote of stockholders or members, that consent has been given in accordance with this section.
8 Del. C. 1953, § 228; 56 Del. Laws, c. 50; 56 Del. Laws, c. 186, § 14; 57 Del. Laws, c. 148, § 16; 58 Del. Laws, c. 235, § 4; 66 Del. Laws, c. 136, §§ 12-14; 67 Del. Laws, c. 376, §§ 7, 8; 70 Del. Laws, c. 349, § 4; 72 Del. Laws, c. 343, § 15; 73 Del. Laws, c. 82, § 11; 77 Del. Laws, c. 14, § 11; 79 Del. Laws, c. 327, § 5; 81 Del. Laws, c. 86, §§ 8-10; 82 Del. Laws, c. 45, § 9; 82 Del. Laws, c. 256, § 12; 83 Del. Laws, c. 377, § 8; 84 Del. Laws, c. 98, § 6;
§ 229. Waiver of notice.
Whenever notice is required to be given under any provision of this chapter or the certificate of incorporation or bylaws, a written waiver, signed by the person entitled to notice, or a waiver by electronic transmission by the person entitled to notice, whether before or after the time stated therein, shall be deemed equivalent to notice. Attendance of a person at a meeting shall constitute a waiver of notice of such meeting, except when the person attends a meeting for the express purpose of objecting at the beginning of the meeting, to the transaction of any business because the meeting is not lawfully called or convened. Neither the business to be transacted at, nor the purpose of, any regular or special meeting of the stockholders, directors or members of a committee of directors need be specified in any written waiver of notice or any waiver by electronic transmission unless so required by the certificate of incorporation or the bylaws.
8 Del. C. 1953, § 229; 56 Del. Laws, c. 50; 57 Del. Laws, c. 148, § 17; 72 Del. Laws, c. 343, § 16;
§ 230. Exception to requirements of notice.
(a) Whenever notice is required to be given, under any provision of this chapter or of the certificate of incorporation or bylaws of any corporation, to any person with whom communication is unlawful, the giving of such notice to such person shall not be required and there shall be no duty to apply to any governmental authority or agency for a license or permit to give such notice to such person. Any action or meeting which shall be taken or held without notice to any such person with whom communication is unlawful shall have the same force and effect as if such notice had been duly given. In the event that the action taken by the corporation is such as to require the filing of a certificate under any of the other sections of this title, the certificate shall state, if such is the fact and if notice is required, that notice was given to all persons entitled to receive notice except such persons with whom communication is unlawful.
(b) Whenever notice is required to be given, under any provision of this title or the certificate of incorporation or bylaws of any corporation,
to any stockholder or, if the corporation is a nonstock corporation, to any member, to whom (1) notice of 2 consecutive annual meetings, and
all notices of meetings or of the taking of action by written consent without a meeting to such person during the period between such
2 consecutive annual meetings, or (2) all, and at least 2, payments (if sent by first-class mail) of dividends or interest on securities
during a 12-month period, have been mailed addressed to such person at such person’s address as shown on the records of the corporation and
have been returned undeliverable, the giving of such notice to such person shall not be required. Any action or meeting which shall be taken or
held without notice to such person shall have the same force and effect as if such notice had been duly given. If any such person shall deliver to the corporation a written notice setting forth such person’s then current address, the requirement that notice be given to such person shall be reinstated. In the event that the action taken by the corporation is such as to require the filing of a certificate under any of the other sections of this title, the certificate need not state that notice was not given to persons to whom notice was not required to be given pursuant to this subsection.
(c) The exception in paragraph (b)(1) of this section to the requirement that notice be given shall not be applicable to any notice returned as undeliverable if the notice was given by electronic transmission. The exception in paragraph (b)(1) of this section to the requirement that notice be given shall not be applicable to any stockholder or member whose electronic mail address appears on the records of the corporation and to whom notice by electronic transmission is not prohibited by § 232 of this title.
8 Del. C. 1953, § 230; 56 Del. Laws, c. 50; 65 Del. Laws, c. 127, § 8; 71 Del. Laws, c. 339, § 41; 72 Del. Laws, c. 343, § 17; 82 Del. Laws, c. 45, § 10;
§ 231. Voting procedures and inspectors of elections.
(a) The corporation shall, in advance of any meeting of stockholders, appoint 1 or more inspectors to act at the meeting and make a written report thereof. The corporation may designate 1 or more persons as alternate inspectors to replace any inspector who fails to act. If no inspector or alternate is able to act at a meeting of stockholders, the person presiding at the meeting shall appoint 1 or more inspectors to act at the meeting. Each inspector, before entering upon the discharge of the duties of inspector, shall take and sign an oath faithfully to execute the duties of inspector with strict impartiality and according to the best of such inspector’s ability.
(b) The inspectors shall:
(1) Ascertain the number of shares outstanding and the voting power of each;
(2) Determine the shares represented at a meeting and the validity of proxies and ballots;
(3) Count all votes and ballots;
(4) Determine and retain for a reasonable period a record of the disposition of any challenges made to any determination by the inspectors; and
(5) Certify their determination of the number of shares represented at the meeting, and their count of all votes and ballots.
The inspectors may appoint or retain other persons or entities to assist the inspectors in the performance of the duties of the inspectors.
(c) The date and time of the opening and the closing of the polls for each matter upon which the stockholders will vote at a meeting shall be announced at the meeting. No ballot, proxies or votes, nor any revocations thereof or changes thereto, shall be accepted by the inspectors after the closing of the polls unless the Court of Chancery upon application by a stockholder shall determine otherwise.
(d) In determining the validity and counting of proxies and ballots, the inspectors shall be limited to an examination of the proxies, any envelopes submitted with those proxies, any information provided in accordance with § 211(e) or § 212(c)(2) of this title, or any information provided pursuant to § 211(a)(2)b.(i) or (iii) of this title, ballots and the regular books and records of the corporation, except that the inspectors may consider other reliable information for the limited purpose of reconciling proxies and ballots submitted by or on behalf of banks, brokers, their nominees or similar persons which represent more votes than the holder of a proxy is authorized by the record owner to cast or more votes than the stockholder holds of record. If the inspectors consider other reliable information for the limited purpose permitted herein, the inspectors at the time they make their certification pursuant to paragraph (b)(5) of this section shall specify the precise information considered by them including the person or persons from whom they obtained the information, when the information was obtained, the means by which the information was obtained and the basis for the inspectors’ belief that such information is accurate and reliable.
(e) Unless otherwise provided in the certificate of incorporation or bylaws, this section shall not apply to a corporation that does not have a class of voting stock that is:
(1) Listed on a national securities exchange;
(2) Authorized for quotation on an interdealer quotation system of a registered national securities association; or
(3) Held of record by more than 2,000 stockholders.
67 Del. Laws, c. 376, § 9; 71 Del. Laws, c. 339, § 42; 72 Del. Laws, c. 343, § 18;
§ 232. Delivery of notice; notice by electronic transmission [For application of this section, see 84 Del. Laws, c. 309, § 6].
(a) Without limiting the manner by which notice otherwise may be given effectively to stockholders, any notice to stockholders given by the corporation under any provision of this chapter, the certificate of incorporation, or the bylaws may be given in writing directed to the stockholder’s mailing address (or by electronic transmission directed to the stockholder’s electronic mail address, as applicable) as it appears on the records of the corporation and shall be given:
(1) If mailed, when the notice is deposited in the U.S. mail, postage prepaid;
(2) If delivered by courier service, the earlier of when the notice is received or left at such stockholder’s address; or
(3) If given by electronic mail, when directed to such stockholder’s electronic mail address unless the stockholder has notified the corporation in writing or by electronic transmission of an objection to receiving notice by electronic mail or such notice is prohibited by subsection (e) of this section.
A notice by electronic mail must include a prominent legend that the communication is an important notice regarding the corporation.
(b) Without limiting the manner by which notice otherwise may be given effectively to stockholders, but subject to subsection (e) of this section, any notice to stockholders given by the corporation under any provision of this chapter, the certificate of incorporation, or the bylaws shall be effective if given by a form of electronic transmission consented to by the stockholder to whom the notice is given. Any such consent shall be revocable by the stockholder by written notice or electronic transmission to the corporation. A corporation may give a notice by electronic mail in accordance with subsection (a) of this section without obtaining the consent required by this subsection.
(c) Notice given pursuant to subsection (b) of this section shall be deemed given:
(1) If by facsimile telecommunication, when directed to a number at which the stockholder has consented to receive notice;
(2) If by a posting on an electronic network together with separate notice to the stockholder of such specific posting, upon the later of:
a. Such posting; and
b. The giving of such separate notice; and
(3) If by any other form of electronic transmission, when directed to the stockholder.
(d) For purposes of this chapter:
(1) “Electronic transmission” means any form of communication, not directly involving the physical transmission of paper, including the use of, or participation in, 1 or more electronic networks or databases (including 1 or more distributed electronic networks or databases), that creates a record that may be retained, retrieved and reviewed by a recipient thereof, and that may be directly reproduced in paper form by such a recipient through an automated process;
(2) “Electronic mail” means an electronic transmission directed to a unique electronic mail address (which electronic mail shall be deemed to include any files attached thereto and any information hyperlinked to a website if such electronic mail includes the contact information of an officer or agent of the corporation who is available to assist with accessing such files and information); and
(3) “Electronic mail address” means a destination, commonly expressed as a string of characters, consisting of a unique user name or mailbox (commonly referred to as the “local part” of the address) and a reference to an internet domain (commonly referred to as the “domain part” of the address), whether or not displayed, to which electronic mail can be sent or delivered.
(e) Notwithstanding the foregoing, a notice may not be given by an electronic transmission from and after the time that:
(1) The corporation is unable to deliver by such electronic transmission 2 consecutive notices given by the corporation; and
(2) Such inability becomes known to the secretary or an assistant secretary of the corporation or to the transfer agent, or other person responsible for the giving of notice, provided, however, the inadvertent failure to discover such inability shall not invalidate any meeting or other action.
(f) An affidavit of the secretary or an assistant secretary or of the transfer agent or other agent of the corporation that notice has been given shall, in the absence of fraud, be prima facie evidence of the facts stated therein.
(g) If a notice is given pursuant to paragraph (a)(1) or (a)(2) of this section, each document enclosed with the notice or annexed or appended to the notice shall be deemed part of the notice solely for purposes of determining whether notice was duly given under this title, the certificate of incorporation or bylaws.
(h) No provision of this section, except for paragraphs (a)(1), (d)(2) and (d)(3) of this section, shall apply to § 164, § 296, § 311, § 312, or § 324 of this title.
72 Del. Laws, c. 343, § 19; 73 Del. Laws, c. 82, § 12; 77 Del. Laws, c. 253, § 29; 81 Del. Laws, c. 86, § 11; 82 Del. Laws, c. 45, § 11; 82 Del. Laws, c. 256, § 13; 84 Del. Laws, c. 309, § 3;
§ 233. Notice to stockholders sharing an address.
(a) Without limiting the manner by which notice otherwise may be given effectively to stockholders, any notice to stockholders given by the corporation under any provision of this chapter, the certificate of incorporation, or the bylaws shall be effective if given by a single written notice to stockholders who share an address if consented to by the stockholders at that address to whom such notice is given. Any such consent shall be revocable by the stockholder by written notice to the corporation.
(b) Any stockholder who fails to object in writing to the corporation, within 60 days of having been given written notice by the corporation of its intention to send the single notice permitted under subsection (a) of this section, shall be deemed to have consented to receiving such single written notice.
(c) [Repealed.]
(d) This section shall not apply to § 164, § 296, § 311, § 312 or § 324 of this title.
73 Del. Laws, c. 298, § 9; 77 Del. Laws, c. 253, § 30;
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---https://law.lis.virginia.gov/vacode/title13.1/chapter9/section13.1-675/ from google ( board director election period frequency ) result 1
Code of Virginia
Table of Contents » Title 13.1. Corporations » Chapter 9. Virginia Stock Corporation Act » Article 9. Directors and Officers » § 13.1-675.
Number and election of directors
§ 13.1-675. Number and election of directors.
A. A board of directors shall consist of 1 or more individuals, with number specified in or fixed in accordance with
articles of incorporation or bylaws. The number of directors may be increased or decreased from time to time by amendment of,
or in the manner provided in, the articles of incorporation or bylaws.
B. The articles of incorporation or bylaws may establish a variable range for the size of the board of directors by fixing a minimum and
maximum number of directors. If a variable range is established, the number of directors may be fixed or changed from time to time,
within the minimum and maximum, by the shareholders or by the board of directors.
C. Directors are elected at 1-st annual shareholders' meeting and at each annual meeting thereafter unless elected by written consent
in lieu of an annual meeting as permitted by § 13.1-657 or unless their terms are staggered under § 13.1-678.
D. No individual shall be named or elected as a director without his prior consent.
Code 1950, § 13.1-36; 1956, c. 428; 1968, c. 87; 1973, c. 50; 1974, c. 662; 1977, c. 123; 1982, c. 104; 1985, c. 522; 1991,
c. 112; 2005, c. 765; 2006, c. 330; 2010, c. 782; 2019, c. 734.
The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of
such chapters and may exclude chapters whose provisions have expired.
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---https://law.lis.virginia.gov/vacode/13.1-657/
Code of Virginia
Table of Contents » Title 13.1. Corporations » Chapter 9. Virginia Stock Corporation Act » Article 8. Shareholders » § 13.1-657. Action without meeting
Section
Print PDF email
§ 13.1-657. Action without meeting.
A. Action required or permitted by this chapter to be taken at a shareholders' meeting may be taken without a meeting if that action is taken by
all shareholders entitled to vote on that action, in which case no action by board of directors shall be required .
That action shall be evidenced by 1 or more written consents bearing date of signature and describing that action taken,
signed by all shareholders entitled to vote on that action and delivered to corporation's secretary for filing by
that corporation with the minutes of the meeting or corporate records.
B. The articles of incorporation may authorise action by shareholders by less than unanimous written consent, provided that the taking of
such action is consistent with any requirements that may be set forth in the articles of incorporation, the bylaws, or this section;
however, unless the articles of incorporation of a public corporation authorised action by shareholders by less than unanimous written consent as
of April 1, 2018, the shareholders of public corporation shall not be entitled to act by less than unanimous written consent even
if so authorized by the articles of incorporation if the articles of incorporation or bylaws of such public corporation allow those holders of
30 % or fewer of all votes entitled to be cast to demand the calling of a special meeting of shareholders.
For action by shareholders by less than unanimous written consent to be valid :
1. It shall be an action that this chapter requires or permits to be taken at a shareholders' meeting;
2. The articles of incorporation shall authorize action by shareholders by less than unanimous written consent and,
if a public corporation at the time of such authorization in addition to the other limitations in this subsection B,
the inclusion of the authorization in the articles of incorporation was approved by each voting group entitled to vote by the greater of :
a. The vote of that voting group required by the articles of incorporation to amend the articles of incorporation; or
b. More than 2/3 of all votes that the voting group is entitled to cast on the amendment;
3. At least 10 day before the holders of more than 10 % of the outstanding shares of any voting group entitled to vote on that action
to be taken have signed the written consent, the corporation's secretary shall have received a copy of the form of written consent setting forth
the action to be taken;
4. If required by this chapter, the articles of incorporation, or the bylaws, the board of directors shall have approved this action; and
5. The holders of not less than the minimum number of outstanding shares of each voting group entitled to vote on the action that would be
required to take the action at a shareholders' meeting at which all shares of each voting group entitled to vote on the action were present
and voted shall have signed written consents setting forth the action to be taken.
C. A written consent shall bear the date on which each shareholder signed the consent and be delivered to the corporation's secretary
for inclusion in the minutes or filing with the corporate records.
D. If not otherwise fixed under § 13.1-656 or 13.1-660 and if prior action by the board of directors is not required respecting the action
to be taken without a meeting, the record date for determining the shareholders entitled to take action without a meeting shall be
the first date on which a signed written consent is delivered to the corporation's secretary. If not otherwise fixed under § 13.1-656 or
13.1-660 and if prior action by the board of directors is required respecting the action to be taken without a meeting, the record date shall
be the close of business on the day the action of the board is taken. No written consent shall be effective to take the action referred to
in such consent unless, within 60 days of the earliest date on which a consent delivered to the corporation's secretary as required by
this section was signed, written consents signed by the holders of shares having sufficient votes to take the corporate action have been
delivered to the corporation's secretary. A written consent may be revoked by a writing to that effect delivered to the corporation's
secretary before unrevoked written consents sufficient in number to take the corporate action are delivered to the corporation.
E. A consent signed pursuant to the provisions of this section has the effect of a vote taken at a meeting and may be described as such
in any document. Unless the articles of incorporation, bylaws, or a resolution of the board of directors provides for a reasonable delay
to permit tabulation of written consents, the action taken by written consent shall be effective when (i) written consents signed by
the holders of shares having sufficient votes to adopt or take the action are delivered to the corporation's secretary or
(ii) if an effective date is specified therein, as of such date provided such consent states the date of execution by the consenting shareholder.
F. For purposes of this section, a written consent and the signing thereof may be accomplished by one or more electronic transmissions.
G. Any person, whether or not then a shareholder, may provide that a consent in writing as a shareholder shall be effective at a future time,
including the time when an event occurs, but such future time shall not be more than 60 days after such provision is made.
Any such consent shall be deemed to have been made for purposes of this section at the future time so specified for the consent to be effective,
provided that (i) the person is a shareholder at such future time and (ii) the person did not revoke the consent prior to such future time.
Any such consent may be revoked, in the manner provided in subsection D, prior to its becoming effective.
H. If this chapter requires that notice of a proposed action be given to nonvoting shareholders and the action is to be taken by written consent of
the voting shareholders, the corporation shall give its nonvoting shareholders written notice of the action not more than 10 days after
(i) written consents sufficient to take the action have been delivered to the corporation's secretary, or
(ii) such later date that tabulation of consents is completed pursuant to an authorization under subsection E.
The notice shall reasonably describe the action taken and contain or be accompanied by the same material that,
under any provision of this chapter, would have been required to be sent to nonvoting shareholders in a notice of a meeting
at which the proposed action would have been submitted to the shareholders for action.
I. If action is taken by less than unanimous written consent of the voting shareholders, the corporation shall give its nonconsenting
voting shareholders written notice of the action not more than 10 days after (i) written consents sufficient to take the action have been
delivered to the corporation's secretary or (ii) such later date that tabulation of consents is completed pursuant to an authorization
under subsection E. The notice shall reasonably describe the action taken and contain or be accompanied by the same material,
that under any provision of this chapter, would have been required to be sent to voting shareholders in a notice of a meeting
at which the action would have been submitted to the shareholders for action.
J. The notice requirements in subsections H and I shall not delay the effectiveness of actions taken by written consent, and a failure
to comply with such notice requirements shall not invalidate actions taken by written consent, provided that this subsection shall not
be deemed to limit judicial power to fashion any appropriate remedy in favor of a shareholder adversely affected by a failure to give such
notice within the required time period.
Code 1950, § 13.1-28; 1956, c. 428; 1985, c. 522; 1999, c. 416; 2003, c. 728; 2005, c. 765; 2007, c. 165; 2008, c. 91; 2010, c. 782; 2012,
c. 706; 2015, c. 611; 2018, cc. 267, 308; 2019, c. 734; 2020, c. 1226.
The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of
such chapters and may exclude chapters whose provisions have expired.
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---https://law.lis.virginia.gov/vacode/13.1-678/
Table of Contents » Title 13.1. Corporations » Chapter 9. Virginia Stock Corporation Act » Article 9. Directors and Officers » §
13.1-678. Staggered terms for directors
§ 13.1-678. Staggered terms for directors.
The articles of incorporation may provide for staggering terms of directors by dividing total number of directors into 2 or 3 groups,
with each group containing 1/2 or 1/3 of total, as near as may be practicable. In that event,
terms of directors in first group expire at first annual shareholders' meeting after their election,
terms of second group expire at second annual shareholders' meeting after their election, and
terms of third group, if any, expire at third annual shareholders' meeting after their election.
At each annual shareholders' meeting held thereafter , directors shall be elected for term of 2 year or 3 year , as the case may be ,
to succeed those whose terms expire.
Code 1950, § 13.1-37; 1956, c. 428; 1985, c. 522; 2019, c. 734.
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---https://www.investopedia.com/terms/p/proxystatement.asp from google ( proxy statement ) result 2
What Is a Proxy Statement? Definition, What's In It, and Voting
By Alicia Tuovila
Updated August 08, 2021
Reviewed by Eric Estevez
25 Highest Paid Occupations in the US
What Is a Proxy Statement?
A proxy statement is a document containing information which sec/Securities and Exchange Commission require companies to provide
to shareholders so they can make informed decisions about matters that will be brought up at an annual or special stockholder meeting.
Issues covered in a proxy statement can include proposal for new additions to board of directors ,
information on directors' salaries , information on bonus and options plans for directors , any declarations made by company's management.1
Key Takeaways
Public companies are required to file proxy statements with the Securities and Exchange Commission.
The proxy statement is filed when a company is seeking shareholder votes and is filed ahead of an annual meeting.
The proxy statement, called a Form DEF 14A, highlights new board of director nominees, proposed executive salary and compensation, and any other information a shareholder may need to vote on an issue.
Proxy statements provide shareholders with crucial information needed to assess the qualifications and compensation of key members of the company's management team and board of directors.
A proxy statement is different from a proxy vote, in which a shareholder agrees that another person can vote on behalf of the shareholder.
Understanding Proxy Statements
A proxy statement must be filed by a publicly traded company before shareholder meetings, and it discloses material matters of the company
relevant for soliciting shareholder votes and final approval of nominated directors.
Proxy statements are filed with SEC as Form DEF 14A, or definitive proxy statement, and can be found using SEC's database,
known as the electronic data gathering, analysis and retrieval system (EDGAR).
What's in a Proxy Statement?
Proxy statements must disclose the company's voting procedure, nominated candidates for its board of directors, and
compensation of directors and executives. The proxy statement must disclose executives' and directors' compensation, including salaries,
bonuses, equity awards, and any deferred compensation. Proxy statements can also shed light on any other perks used by executives,
such as the use of a company's aircraft, travel, and other material expenses covered by the company.
Because election of directors is the most important part of shareholders' meetings, a proxy statement goes into great detail about directors,
their background information, and how much they had been paid in the past several years.
Additionally, a proxy statement disclose any potential conflict of interest between the company and its directors, executives, and auditors.
Specifically, proxy statements must list any related-party transactions that occurred in the past between the company and its key personnel.
The statement also provide information about the company's audit committee, as well as audit and non-audit fees paid to its external public accountant.
A proxy statement indicate persons with material ownership of the company's common stock, including its executive officers and directors.
Open a New Bank Account
Benefits of Proxy Statements
While a proxy statement is most relevant for shareholders preparing for a company's special or annual meeting,
this document can aid potential investors in assessing the qualifications and compensation of its management team and board of directors.
A finding that chief officers of an underperforming company are paid compensation significantly above those of peers may raise a red flag of
excessive spending and weigh on an investor's decision of undertaking an investment. Also, frequent and material related-party transactions
between the company and its executives or directors may pose a risk the company's resources are being misused and warrant further investigation.
Proxy Voting
With a proxy vote, a shareholder or firm delegates the right to vote on certain company issues to a representative, either because
shareholder cannot physically attend meeting or because representative is seen as more informed on the issue.
Ahead of annual meetings, eligible shareholders might receive a proxy ballot—in the mail or digitally—as well as an information booklet
containing proxy materials, called a proxy statement that describe what issues are up for vote.
Shareholders most commonly vote to elect board members, to approve executive compensation, to approve mergers or acquisitions,
or to approve stock compensation plans. Investors who own applicable voting shares in the company as of record date may be eligible
to vote on these issues.
Since most shareholders can't attend company meeting , they will often designate someone , such as a member of the company's management team
to vote for them. This person is referred to as a proxy and can cast a proxy vote as per that shareholder's wishes, written on their proxy card.
Proxy votes are cast online, by phone, or by mail, ahead of the cutoff time, typically 24 hours before that shareholder meeting.
Special Considerations
Sometimes companies are at the mercy of what is called a proxy fight or proxy battle. This occurs when a group of shareholders band together
so they will have enough power to win a vote. This is usually put in play in corporate takeovers.2
When a corporate takeover is particularly contentious to the point that it has become a hostile takeover,
the acquiring group may try to convince shareholders to vote out some or all of a company's senior management,
so as to make it easier to take control of the organization.
Proxy Statement FAQs
How Do You Find a Foreign Company's Proxy Statement?
Foreign companies that offer SEC-registered securities in usa have to file forms with SEC in a similar way to U.S. companies so as
to give investors accurate and timely information. All such forms can be found using EDGAR, SEC's database.
Companies that are not registered with SEC must post disclosures in English on the internet, as per SEC rules.3
What Happens If a Company Fails to File a Proxy Statement on Time?
A public company that cannot file quarterly financial results, proxy statements, or other key filings with SEC on time must file SEC Form 12b-25,
also known as Notification of Late Filing. Filing this form may enable a company to avoid certain fees that it would otherwise owe as a result of
the late filing. The company filing the late form must give a reason for the late filing and state whether it expects to divulge
any big surprises relative to its prior year's filing of the required form.4
Is a Proxy Agreement the Same As a Proxy Statement?
A proxy agreement is a written agreement that 1 person can act legally on behalf of another. In the case of shareholder votes,
proxy agreement states that a proxy can vote on behalf of the principal. That is different from a proxy statement, filed with SEC,
which is a document provided by public companies and filed with SEC that discloses material matters related to a company's voting procedures,
candidates for its board of directors, and executive compensation.
The Bottom Line
A proxy statement is a document containing information that sec/Securities and Exchange Commission require public companies to disclose
to shareholders when requesting votes ahead of an annual meeting.
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---https://electionbuddy.com/blog/2022/05/26/how-are-directors-and-members-of-corporate-boards-selected/
from google ( how board director are elected ) result 1
How Are Directors and Members of Corporate Boards Selected?
May 26, 2022
Most people have no idea how corporate board members are chosen, and it's easy to assume that qualified individuals are hand-picked by
those already on the board. However, that's not how it works. So how do these important positions get filled?
How Are Members of a Board of Directors Elected?
The first step in understanding how board members are selected is to understand the different types of corporate boards.
The 2 most common are for-profit and non-profit organizations, though there are also hybrid models that exist.
Each type has a slightly different process for electing directors.
For-profit boards typically use a Nominating and Governance Committee (NGC) for nominating potential board members.
This group is typically made up of current board members, although it may also include representatives chosen by major shareholders.
Once NGC has a shortlist of qualified individuals, shareholders then vote on who to appoint.
Non-profit corporate boards, on the other hand, tend to use a more open and inclusive approach.
Anyone who is interested in serving can submit their name for consideration; the names are then compiled into
a slate that is put to a vote by all members.
What Type of Elections Are Required for Choosing Board of Director Members?
Most elections have multiple candidates and 1 winner. However, in a Board of Directors election, there are multiple candidates and
multiple vacancies. This is called a multi-winner election (as opposed to single-winner elections).
When it comes to voting methods that can be used for a Board of Directors election, there are two options—preferential voting and cumulative voting.
With preferential voting, each voter gets to rank candidates in order of preference , and candidate with most first-preference votes is elected.
If no candidate has a majority of first-preference votes, then candidate with least amount of votes is dropped from race and
their 2-nd-preference votes are redistributed. This process is repeated until 1 or more candidates have a clear majority.
Cumulative voting is a bit different. In this type of election, each voter get certain number of votes usually equal to number of vacancies.
then they can choose to cast all their votes for 1 candidate or spread them out among multiple candidates.
Fortunately , there are many online election systems that can handle complexities of a multi-winner election.
This makes it easy for organisations to carry out their own elections and ensure that they are fair and transparent.
Wondering if directors have to be elected annually ? Check out our latest article for more information on the election process.
What Qualities Should Be Considered When Choosing Board of Director Members ?
When it comes to choosing individuals for a corporate board, there are a few key qualities that should be considered. First and foremost,
board members should have a deep understanding of the organization and its industry, and should also be able to provide valuable insights and
perspectives that can help guide decision-making.
It's also important for board members to be well-connected. This means having a wide network of contacts that can be tapped into when needed.
Furthermore, they should be able to bring in new ideas and help the organization achieve its goals.
Last but not least, board members should be good communicators. They should be able to clearly express their thoughts and ideas, and listen
attentively to others.
What Are the Benefits of Using an Online Election System for Board of Directors Elections?
There are many preferable online voting systems that can handle the complexities of a multi-winner election–perhaps the most obvious benefit
is that online systems make the voting process more efficient and convenient. Online voting systems also tend to be more secure than traditional
paper ballot-based methods.
Another key benefit is that online election systems make it easy to track votes and ensure that everyone has an equal opportunity to participate.
This is especially important in large organizations with hundreds or thousands of employees.
Finally, online election systems can help create a more engaging and interactive experience for voters, because they provide an easy way for people
to learn about the candidates (via features like candidate profiles) and make their voices heard.
The Takeaway
Choosing the right method for selecting Board of Directors members is crucial for any organization. There are a few different options to choose from,
each with its own set of advantages and disadvantages. Ultimately, it's up to the organization to decide which method is best for them.
Preferential voting and cumulative voting are the two most common methods for electing Board of Director members, so finding an online voting system
that supports these is vital in having an efficient election.
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---https://summitjunto.co/articles/how-are-board-of-directors-elected
from google ( how board director are elected ) result 4
How Are Board Of Directors Elected?
The process of electing a board of directors is an important one for any company. The board of directors is responsible for
making major decisions about the company, and so it is important to choose them carefully. There are a few different ways that
a board of directors can be elected.
1 common way to elect a board of directors is through shareholder voting. This means that the people who own shares in company get to vote
for who they want to be on the board. The shareholders can also vote to remove members of the board if they are not happy with their performance.
Another way to elect a board of directors is through the board itself. This is common in smaller companies where there are not many shareholders.
The board members can simply vote amongst themselves to decide who will be new members of the board.
When choosing a method to election a board of directors, it is important to consider what will work best for the company.
shareholders should have a say in who is on the board, but the board should also have some control over its own members.
Ultimately, the goal is to choose a method that will result in best decisions being made for the company.
The election of a board of directors is a process that varies depending on the type of corporation.
For example, a publicly-held corporation usually has a board that is elected by shareholders at annual meeting,
while a privately-held corporation may have a board that is appointed by company's founders.
There are also different types of boards, such as executive and non-executive boards.
The role of the board of directors is to oversee management of corporation and make sure that it is acting in best interests of shareholders.
The board is also responsible for electing officers of corporation, such as president and CEO.
There are a few things to keep in mind when voting for a board of directors.
First, you should make sure that you understand duties and responsibilities of the board.
Second, you should evaluate candidates based on their qualifications and experience.
Finally, you should vote for candidate who you think will best represent your interests as a shareholder.
In most corporations, the board of directors is elected by shareholders and represents their interests.
The board is tasked with making major decisions for company, such as setting strategy, approving budget, and hiring/firing CEO.
There are typically 2 different types of directors :
inside directors and outside directors.
Inside directors are usually executive officers or employees of company.
Outside directors are usually independent individuals who bring valuable expertise and experience to the board.
Board elections typically happen annually, although some boards may choose to stagger their elections so that only a portion of the board is
up for election at any given time. Shareholders can vote in person or by proxy, and they can vote for as many or as few candidates as they like.
The candidates with the most votes are elected to the board.
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---https://electionbuddy.com/blog/2022/05/26/do-directors-have-to-be-elected-annually/ from google ( board director always reelected ) result 1
Do Directors Have to Be Elected Annually?
May 26, 2022
The board of directors is a critical part of any company. This group of individuals is responsible for making important decisions
that affect the entire organization. But how often do board of directors elections take place, and what happens if they don't? Let's take a closer look.
What Is a Board of Directors?
A board of directors is a group of individuals that is elected by shareholders of a company to oversee the management of the organization.
The board is responsible for making decisions about company strategy, approving major financial transactions, and hiring or terminating top executives.
Directors are typically elected to serve staggered terms of office so that not all of them are up for re-election at the same time.
This ensures continuity and stability within the board.
How Often Are Directors Elected?
Directors and members of corporate boards are typically selected on an annual basis / yearly , although this may vary depending on the company's
bylaws or the terms of their office.
In some cases, directors may be elected to serve multi-year terms. However, it's more common for directors to be elected on a yearly basis so that shareholders
have opportunity to hold them accountable for their performance and make changes if necessary.
What Happens if Directors Are Not Elected in A Given Year?
If new board members are not elected then current members serve in their present position until their term expires.
However, if the board is unable to reach a quorum (minimum number of directors required to make decisions), they may be unable to make important decisions about the company.
This could have serious implications for the organization, so it's important that directors are elected on a regular basis.
Are Board Members Paid ?
It's common for members of the board of directors to be paid for their service. However, the amount of money they receive can vary greatly–in some cases,
directors may only be reimbursed for their expenses, or they may receive a stipend or salary. In other cases, they may receive stock options or additional benefits.
The amount of money board members are paid is typically set by the company's bylaws or the terms of their office.
Whether or not board members get paid also depends on whether they are company employees or external members. It is more common for external members to get paid,
as they don't have any other connection to the company.
How Are Board of Director Members Elected?
Board of Director members are typically elected by the shareholders of the company. Shareholders can vote in person or by proxy (giving someone else the authority to vote
on their behalf). Directors may also be elected by the board itself, although this is less common.
When it comes to electing the directors of a company , a multi-winner election is required , which differs from a traditional election with only 1 winner .
In a multi-winner election, more than one person is elected to the board.
The number of people elected will depend on the size of the board and the number of seats that are up for election; the two most common election types for Board of Director elections
are preferential and cumulative.
In a preferential election, also known as a single transferable vote (STV), voters rank the candidates in order of preference. The candidates with the most votes are elected to the board.
In a cumulative election, voters are given a certain number of votes that they can distribute among the candidates as they see fit. The candidates with the most votes are elected to
the board.
What Is the Best Way to Conduct Board Elections?
The best way to conduct a Board of Directors election is to use an online voting system. Online voting systems provide a number of benefits, including convenience, security, and
accuracy–they also allow for more transparency and fairness in the election process.
There are a number of different online voting systems available, and factors to consider when choosing a system include cost, ease of use, and features.
The voting system should also be able to support both preferential and cumulative elections.
Once a voting system is selected, companies can create an account and a ballot, and then invite shareholding voters to participate as needed.
Key Takeaway
Do directors have to be elected annually? No–but it's common and beneficial for companies to hold annual elections, as the board may have difficulty making decisions otherwise.
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---https://www.501c3.org/nonprofit-board-of-directors-term-length-how-long-is-too-long/
from google ( board director always reelected ) result 3
Nonprofit Board of Directors Term Length: How Long is Too Long?
December 27, 2022 Greg McRay, EA
Board of Directors/Governance
Hourglass and gavel on table
In a few weeks, your nonprofit is having its next board meeting. It just happens to be the annual meeting in which officers and directors are elected.
You’re the founder and have been President and a board member since the organization was founded in 2006, and your current term is up.
It’s a foregone conclusion that you will be elected to a 6-th 3-year term. The question is: Is that OK ?
No Prohibition on Concurrent Terms
The good news is that there are no legally prescribed term limits for board service on a nonprofit, at least not at IRS level.
Most states require there to be a set term in number of years (1 year, 2 years, 3 years, etc). But even with the requirement that there be terms,
virtually no state sets a limit on the number of consecutive terms.
So far, so good. The better question to ask, then, is whether it is in the best interest of your nonprofit to serve in perpetuity ?
Best Practice According to Nonprofit Community Leaders
Some the following comes from BoardSource, which is a fantastic resource for nonprofit boards of directors. Foundation Group is a corporate-member, and
we regularly refer to their materials for best practice guidance. We don’t 100% endorse everything they produce, but on balance, it is excellent material you should be acquainted with.
According to the linked article, 87.5% of nonprofits have board terms. A little more than half of that group also has term limits, meaning only so many terms can be served.
The most common setup is two consecutive three-year terms. I recently rolled off a board that had this very setup. Many other possibilities will work.
So what are some pros of term limits? From BoardSource:
Provide opportunity for the board and organization to work with talented community members who can devote only a few years to board service
Make it easier to diversity your board, which brings new ideas and new perspectives to the board and its decision-making process
Enable you to avoid stagnation, tiredness, boredom, and loss of commitment that can sometimes set in when board members serve long terms
Enable you to avoid the perpetual concentration of power within a small group of people and the intimidation of new members by this dominant group
When staggered, provide a built-in balance of continuity and turnover
Allow for rotation of committee assignments
Raise awareness of and provide opportunities to change and improve group dynamics
Provide a respectful and efficient mechanism for the exit of passive, ineffective, or troublesome board members
Enlarge your circle of committed supporters as members rotate off the board
Enable the board to easily adjust its membership to reflect the organization’s changing needs
I think the above list would make sense to most people involved in nonprofit board service. But are there any cons to term limits? To quote the BoardSource article:
Potential loss of expertise or insight that has benefited the board and organization over time
Potential loss of organizational memory
Need for the governance committee to dedicate more time to the identification, recruitment, and orientation of new board members
Need to dedicate additional time to building the cohesiveness of the board as members rotate on and off the board
Other Considerations
Another thing to consider is just whose board membership we’re talking about. There are organizational types where longer terms, even those in perpetuity, make a lot of sense.
Churches
There are quite a few different church governance models: congregational, elders and/or deacons, board of trustees, or hierarchal (e.g., centrally controlled groups like Catholic or United Methodist). There can also be governance types that involve multiple elements such as these.
For example: In a church controlled by elders, you often see those elders serve as the equivalent of board members. Because of the way most churches define eldership as a spiritual or pastoral leader, these individuals rarely serve terms. It is far more common to see them serve for as long as they remain in the position of elder.
Micro-Charities
It may come as a surprise to many, but nearly 2/3rds of charitable nonprofits in the US generate less than $50,000 in gross revenue each year. We tend to label these nonprofits as micro-charities. In an organization this small, board turnover tends to happen far less due to a very limited set of potential candidates for service.
The small size of the organization does not necessarily negate the negative aspects of perpetual board service, and in fact, may enhance it to the point that growth is stymied. That’s not always the case, of course, but it can become a self-perpetuating problem.
Entrepreneurial Nonprofits
This final category we’ll consider is the domain of the dominant founder(s). I don’t mean “dominant” to be pejorative, though that can be the case. Most of the time, however, a nonprofit like this has a unique purpose or program that is highly dependent on the vision and expertise of the founder. As such, it functions much like an entrepreneurial small business would, minus the ownership factor. In many such nonprofits, the founder serves perpetual terms as board president or chair. Often, this is codified into the nonprofit’s bylaws…or, the nonprofit may be set up as a sole member organization.
Unfortunately, this scenario is also the one most likely to fall into the trap of founder’s syndrome. Should your nonprofit decide to create a perpetual board seat for a founder, make sure a sufficient number of other independent voices are on your board. In addition, consider a “trap-door” clause that would allow for removal of this individual from the board for cause. Most often, a clause like this will call for a unanimous vote in order to trigger the removal.
Conclusion
The answer to the question, “How long is too long?” really depends upon the situation. Many nonprofits will benefit long-term from a healthy rotation of talented and engaged individuals occupying the board room. Others, by virtue of what they do or how they govern, will find board rotation to be rare. Either way, the health of your board will determine the health and success of your nonprofit. Choose your board structure and its members with care.
Subscribe to Our Newsletter
Greg McRay, EA
Greg McRay is the founder and CEO of The Foundation Group. He is registered with the IRS as an Enrolled Agent and specializes in 501(c)(3) and other tax exemption issues.
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---https://electionbuddy.com/blog/2022/05/26/who-is-responsible-for-electing-the-directors-of-a-company/
from google ( board director always reelected ) result 8
Who Is Responsible for Electing the Directors of a Company?
May 26, 2022
For small businesses, it’s often important to consider incorporating and establishing a board of directors. In this article, we'll discuss the details of a Board of Directors,
including what it is, how it's formed, and who is responsible for electing its members.
First, let's discuss what it means to incorporate a business and how it may be beneficial.
What Does Incorporating a Business Mean?
Incorporating a business means that the business will become its own legal entity, separate from its owners. This has several advantages, including personal liability protection and
the ability to raise money via sales of shares.
For those incorporating a new business, it’s important to file the appropriate paperwork with the secretary of state. Once a business is incorporated, an owner can then establish
a board of directors.
What Is a Board of Directors?
A board of directors is a group of people elected by the company's shareholders to oversee the management of the business and make major decisions on its behalf.
This includes hiring and terminating C-level company executives, making major financial decisions, and acting in the best interest of the company.
The size of a company's board varies, but it typically consists of between three and seven members. However, small companies can also have a single member on the board.
So, how is a board of directors formed?
The first time a business forms a Board of Directors, it will have to appoint–not elect–the board, meaning that the shareholders will vote to approve a slate of directors proposed by
the company's management. Once the board is appointed, it will then elect its own officers, such as a president, secretary, and treasurer, and set its own meeting dates.
Thereafter, shareholders will elect the board via annual board of directors elections. If a member wants to change the composition of the board, they’ll need to hold a shareholders'
meeting and propose a new slate of directors for approval.
Keep in mind that although company directors are often elected annually, this may not always be the case, depending on a company's bylaws. In addition, most companies have
staggered board terms, which means that only some members are up for election at any given time. This can be helpful in ensuring continuity on the board and avoiding situations
where the entire board is replaced at once.
Who Is Responsible for Electing the Directors of a Company?
The shareholders are responsible for electing the directors of a company–this is typically done at the annual shareholders' meeting, where shareholders vote to approve a slate of
directors proposed by the company's management.
Some may be confused by the term "shareholder"--a shareholder is simply an individual or entity that owns shares in a company. This can be anyone from the company's founders,
to its employees, to outside investors.
Shareholders have the right to vote for the directors of the board, and majority shareholders, who own more than 50% of the company's shares, may have the power to appoint or
remove directors at any time.
It's also important to note that shareholders don't have to be U.S. citizens or resident aliens–in fact, they can be foreign entities. However, if a company has more than
20% of its shares owned by foreign shareholders, it may be subject to certain reporting requirements.
What Is the Best Way to Elect Board of Director Members?
Today, the best option for conducting Board of Directors elections is online voting, which is the process of casting votes using the internet or another electronic device.
Not only is online voting more secure and transparent than paper balloting, but it can also help improve voter turnout and keep voters engaged.
Of course, it’s important to choose an online voting system that is cost-effective and easy to use in order to ensure voters are as clear as possible throughout the voting process.
Additionally, it’s vital to make sure that an online voting system supports both preferential and cumulative voting, which are the two most common voting methods used for
Board of Director elections.
In Summary
A board of directors is a group of people elected by the company's shareholders to oversee the management of the business and make major decisions on its behalf.
The size of a company's board varies, but it typically consists of between 3 and 7 members.
Moreover, the shareholders are responsible for electing the directors of a company. This is typically done at the annual shareholders' meeting, where shareholders vote
to approve a slate of directors proposed by the company's management.
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---https://www.justice.gov/eoir/reference-materials/ic/chapter-7/4 from google ( who get Expedited removal ) result 4
(1) Expedited removal under INA § 235(b)(1) - The following aliens are subject to “expedited removal” under INA § 235(b)(1):
those arriving at a port of entry without valid identity or travel documents, as required, or with fraudulent documents;
those interdicted at sea (in international or U.S. waters) and brought to the United States;
those paroled into the United States after April 1, 1997, and whose parole has since been terminated;
those who did not arrive by sea, who are apprehended anywhere in the United States more than 100 air miles from a U.S. international land border,
and who have been continuously present in the United States for less than 2 years; and
those who did not arrive by sea, who are apprehended within 100 air miles from a U.S. international land border, and who have been continuously
present in the United States for at least 14 days but for less than two years.
====================================================================
29 aug 2025 5:2 pm est :
---https://www.ctvnews.ca/northern-ontario/article/ont-men-fined-hunting-licences-suspended-after-shooting-moose-from-a-boat/
from https://www.reddit.com/r/timmins/comments/1myvuia/men_lose_hunting_licences_after_guilty_plea_in/
Ont. men fined, hunting licences suspended after shooting moose from a boat
By Dan BertrandOpens in new window
Updated: August 24, 2025 at 11:06AM EDT
Published: August 24, 2025 at 9:32AM EDT
Conservation officer Ron Arnold talks about a pair of Ontario men who pled guilty to shooting a moose from a boat in northern Ontario.
2 men from Lansdowne, Ont., have been fined more than $5,000 each after pleading guilty to illegally shooting a bull moose from a moving boat north of Gogama last fall.
Daniel Campbell and David Desjardins each pled guilty to 1 count of unlawfully discharging firearm from conveyance and 1 count of using a boat to harass wildlife.
The pair were fined a combined total of 10,020 cnd following a court appearance in Timmins on April 24.
In addition to the fines, Justice of the Peace Wade R. Cachagee suspended the hunting licences for both men for a minimum of 1 year – adding that that suspensions
will also remain in effect until all outstanding fines are paid in full.
Want more Timmins-area news? Check out its local news page.
Aerial patrol uncovers illegal harvest
The court heard that the investigation began on Oct. 17, 2024, when conservation officers on an aerial enforcement flight made contact with Campbell and Desjardins
as they were engaged in hunting moose on Tatachikapika Lake.
A bull moose is seen in this CTV News file photo. (File)
A subsequent investigation by the Ministry of Natural Resources determined that that pair had harvested a bull moose 5 day earlier, on Oct. 12, from same area.
“Campbell had discharged his high-powered rifle from the bow of the boat while Desjardins was operating it,” conservation officials said in a court bulletin released Friday.
Province stresses importance of hunting regulations
The case was cited by the ministry as an example of its enforcement efforts.
“The Ontario government is safeguarding public against illegal hunting practices by ensuring hunters follow rules and regulations,” said the ministry.
Authorities say these convictions highlight the ministry’s use of tools such as aerial patrols to monitor remote areas of Ontario for natural resource violations.
The ministry also released another court bulletin on Friday concerning an American overfishing walleye last summer.
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---https://www.ctvnews.ca/northern-ontario/article/three-northern-ont-men-fined-for-illegal-moose-hunting/ from
https://www.reddit.com/r/northernontario/comments/1m4z6y2/three_northern_ont_men_fined_for_illegal_moose/?chainedPosts=t3_1myvuia
3 northern Ont. men fined for illegal moose hunting
By Dan BertrandOpens in new window
Published: July 20, 2025 at 4:24PM EDT
A mature bull moose begins to stand up in forest on October 2, 2018. (File photo/Dan Joling/Associated Press)
3 men from Thunder Bay have been fined a total of $9,000 after pleading guilty to illegal moose hunting practices, the Ontario Ministry of Natural Resources announced in a court bulletin.
Want more local news, check out the Northwestern Ontario news page.
Guilty pleas and fines
Peter Berardi pleaded guilty to failing to immediately invalidate his moose tag and was fined $3,000, along with an additional $1,000 for possessing illegally killed wildlife.
Thomas Tronsen admitted to unlawfully invalidating his moose tag on an animal killed by another person and received identical fines. Alan Tronsen was fined $1,000 for possessing
illegally killed wildlife.
The incident
Court documents revealed that on October 28, 2023, Berardi harvested a bull moose in Wildlife Management Unit 15-B near Graham Road under authority of his bull moose tag.
Instead of invalidating his tag immediately , he contacted Thomas and Alan Tronsen , who were in Thunder Bay – roughly 160 km away. That 2 men traveled to the site and
invalidated Thomas Tronsen’s tag on the moose, allowing Berardi to retain his tag for further hunting. The animal was later transported to a Thunder Bay residence and
divided among that 3 men.
The investigation
Conservation officers launched an investigation after the 2023 hunting season, leading to the seizure of the moose meat and charges. The ministry emphasized that hunters
must follow party hunting regulations, including invalidating tags immediately at the time and location of harvest.
A Ministry of Natural Resources conservation officer vehicle with lights flashing is shown in this photo. (File Photo/Courtesy of Ministry of Natural Resources)
Justice of the Peace Coral Klein presided over the cases in the Ontario Court of Justice in Thunder Bay on February 5, 2025.
In the bulletin, ministry officials said, “The Ontario government is safeguarding moose populations by ensuring hunters use valid tags in compliance with the regulations.”
==========================================
---https://www.reddit.com/r/canadaguns/comments/tou4wf/question_can_you_discharge_a_firearm_from_a_boat/ from reddit.com->search ( hunting shooting from car boat illegal )
Go to canadaguns
r/canadaguns
3 yr. ago
Critical_cheese
Question - can you discharge a firearm from a boat?
I cannot seem to find any literature regarding this and would appreciate a link to an official source.
Edit:
Im trying to prove to someone that you obviously cannot and am having trouble finding the exact literature.
Critical_cheese
•
3y ago
In Ontario but the province in question is BC.
I read that in Ontario for hunting moose it's is an extremely delicate subject because you cannot discharge over water and it made mention that the shot you take for the moose has to be of reasonable range with a secured and safe backdrop and that it cannot be in water.
I've just got someone insisting that they can shoot over water and target shoot from a boat and it's frustrating that's i cannot find the exact wording
StrykeRXL1
•
3y ago
Wow, he sounds like he should not own a firearm. First off,, most crown hunting land does NOT allow any target shooting. Second you are correct, you can not shoot over a body of water, and you most definitely can not target shoot out of a boat. You can hunt waterfowl from an anchored bo
SomeJoeSomewhere
•
3y ago
The only case where you can discharge a firearm from a vehicle is if you have a disability and file for a disabled hunting permit (Check with your local province for specific details) but that's about it.
P3DZ_
•
3y ago
It's a federal hunting regulation I think, basically you can't discharge a firearm from a motorized vehicle. So like a rowboat is fine. Car or motorboat no. I remember reading in the OHEP manual that there's an exception for mobility devices like wheelchairs.
Azariahz
•
3y ago
A boat is not considered a vehicle for hunting regs. It is unlawful to: 20. To shoot wildlife from a motor vehicle or a boat propelled by a motor. Page 14 https://www2.gov.bc.ca/assets/gov/sports-recreation-arts-and-culture/outdoor-recreation/fishing-and-hunting/hunting/regulations/2020-2022/hunting-trapping-synopsis-2020-2022.pdf
Scopequest
•
3y ago
In Ontario yes you can. You can hunt ducks (etc) from a non-motorized boat. The hunting regs expressly mention this situation. I'm going to make the assumption that the Ontario regs don't say you can do something that's federally illegal.
So unless your put more specifics on the situation (like motorized boat, specific location, intent, ammo type) then you are incorrect.
airchinapilot
•
3y ago
In BC it's been complicated by the most recent Provincial law that seemed to make it illegal to even duck hunt out of a boat. Let me look it up for you as there are some levels to it.
Bill 4 last year added some confusion to whether you can continue to hunt from a boat
When introduced it read:https://www.leg.bc.ca/parliamentary-business/legislation-debates-proceedings/42nd-parliament/1st-session/bills/first-reading/gov04-1
Prohibition against discharging firearm from vehicle or boat
5 A person must not discharge a firearm in, on or from a vehicle or boat.
After debate in the legislature and a lot of concerned feedback from hunters, the government had to follow this up with a promise that it would not impact hunting regulation:
https://www2.gov.bc.ca/gov/content/justice/criminal-justice/policing-in-bc/fvpa
The FVPA is not intended to limit the lawful activities of hunters in BC.
The existing Firearm Act contains prohibitions on transporting loaded firearms and discharging firearm from vehicles. The FVPA has modernized these restrictions to apply to low-velocity firearms (e.g., airguns) and to clarify that these restrictions apply in boats. The FVPA makes the following provisions for hunters:
Establishes a new regulatory power under the Wildlife Act to provide for hunting-related exemptions from the prohibitions on transporting loaded firearms and discharging firearms from vehicles and boats (e.g., to allow waterfowl hunting from non-motorized boats) (section 101)
Now for hunting there are some other laws:
Migratory Bird Act (Federal)
https://laws-lois.justice.gc.ca/eng/regulations/C.R.C.,_c._1035/page-2.html#docCont15 (1) Subject to subsections (4) and (5) and section 23.1, no person shall hunt a migratory bird... (e) from any aircraft, sailboat, power boat, or motorized vehicle, or any vehicle to which a draught animal is attached.
In BC under the Wildlife Act it states:https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96488_01
Use of conveyance27 (1)A person who discharges a firearm or wounds or kills wildlife from a motor vehicle or from a boat that is propelled by a motor commits an offence.
which is where interpretation or case law has to fill in what it means to be propelled by a motor. Most will say, "a boat that has the outboard out of the water", but what about those powerboats that do not have an outboard? Well, the boat could be anchored I suppose...
u/misterzigger avatar
misterzigger
•
3y ago
In BC you can fire from a boat if the prop is up. It's an extremely common way to hunt ducks in the Fraser River, and lots of guys will hunt moose from boats floating down rivers
c2gunner
•
3y ago
Yes. The boat must be anchored and the motor out of the water
============================================
---https://www.geekwire.com/2015/yahoo-reaches-search-deal-with-google-after-loosening-its-ties-to-microsoft/
from google ( yahoo use google search 2015 ) result 1
Yahoo reaches search deal with Google after loosening Microsoft ties
by Todd Bishop on October 20, 2015 at 1:22 pm
Yahoo CEO Marissa Mayer. (GeekWire File Photo)
Yahoo CEO Marissa Mayer was previously a Google exec. (GeekWire File Photo)
Updated below with Microsoft statement.
Yahoo just announced a search deal with Google , taking advantage an earlier revision of its longtime Microsoft search pact that gave Yahoo
ability to use alternative services to power its Internet search and advertising services.
The deal between Google and Yahoo was disclosed a short time ago in a regulatory filing by Yahoo. Under the arrangement, Google will provide web search results, search ads and
image search services for an unspecified number of Yahoo user queries, on both desktop and mobile platforms.
According to regulatory filing , that non-exclusive deal allows Yahoo to continue working with Microsoft, as well.
Here’s an excerpt from the filing describing Yahoo’s agreement with Google.
On 19 oct 2015, Yahoo! Inc., a Delaware corporation (“Yahoo”), and Google Inc., a Delaware corporation (“Google”), entered into
a Google Services Agreement (“Services Agreement”). Services Agreement is effective as of 1 oct 2015 and expires on 31 dec 2018.
Pursuant to Services Agreement, Google will provide Yahoo with search advertisements through Google’s AdSense for Search service (“AFS”), web algorithmic search services
through Google’s Websearch Service, and image search services. The results provided by Google for these services will be available to Yahoo for display on both desktop and
mobile platforms. Yahoo may use Google’s services on Yahoo’s owned and operated properties (“Yahoo Properties”) and on certain syndication partner properties (“Affiliate Sites”)
in United States (U.S.), Canada, Hong Kong, Taiwan, Singapore, Thailand, Vietnam, Philippines, Indonesia, Malaysia, India, Middle East, Africa, Mexico, Argentina, Brazil,
Colombia, Chile, Venezuela, Peru, Australia and New Zealand.
Under Services Agreement, Yahoo has discretion to select which search queries to send to Google and is not obligated to send any minimum number of search queries.
Services Agreement is non-exclusive and expressly permits Yahoo to use any other search advertising services, including its own service, services of Microsoft Corporation or
other 3-rd parties.
The regulatory filing notes that Yahoo and Google “have agreed to certain procedures with the Antitrust Division of the United States Department of Justice” to review the agreement,
“including delaying the implementation of the Services Agreement in the U.S. in order to provide the DOJ with a reasonable period of review.” Antitrust problems nixed an earlier
ad deal reached by Google and Yahoo in 2008.
Yahoo, which just reported quarterly earnings that fell short of analyst expectations, says in a news release that the deal provides Yahoo “with additional flexibility to choose
among suppliers of search results and ads. Google’s offerings complement the search services provided by Microsoft, which remains a strong partner, as well as Yahoo’s own
search technologies and ad products.”
Yahoo’s deal with Microsoft, which was reached by then-CEOs Carol Bartz and Steve Ballmer more than 6 year ago, was revised by Yahoo CEO Marissa Mayer and Microsoft CEO
Satya Nadella earlier this year. The revision ended the exclusive arrangement between Yahoo and Microsoft on the desktop, allowing Yahoo to explore partnering with others,
as well. Mayer was a Google executive before joining Yahoo as CEO.
Google continues to dominate the U.S. search market, with nearly 64 % of queries as of last month, compared to 20.7 % for Microsoft and 12.6 % for Yahoo, according to
latest ComScore data. Yahoo’s share has slipped significantly since striking the original deal with Microsoft.
Update, 3 pm : Microsoft offered this statement in response to our inquiry: “We remain committed to the Yahoo syndication partnership and will continue to serve the majority of
Yahoo traffic as outlined in our contract extension. Yahoo is a valued partner and we look forward to continuing to serve our advertising customers through the Bing Ads marketplace.”
GeekWire co-founder Todd Bishop is a business and technology journalist who covers topics including Amazon, Microsoft, and startups. He also hosts GeekWire's weekly podcast.
Twitter: @toddbishop. Email: todd@geekwire.com. Contact him via phone, (530) 230-3439, or encrypted messaging app Signal, 1-206-300-0265.
=========================================================
---https://archive.nytimes.com/bits.blogs.nytimes.com/2015/07/01/in-tests-yahoo-uses-google-to-power-search-results-and-ads/
from google ( yahoo use google search 2015 ) result 2
Business, Innovation, Technology, Society
Internet
In Tests, Yahoo Uses Google to Power Search Results and Ads
By Vindu Goel July 1, 2015 9:13 pm July 1, 2015 9:13 pm
In 2008, Justice Department blocked Yahoo from making a deal with Google to provide search-ads for Yahoo’s web search efforts.
Now, Yahoo and Google are exploring a new relationship in which Yahoo would use Google for some regular search results as well as search ads.
Yahoo confirmed on Wednesday that it has begun testing the use of Google search ads for a small portion of its desktop and mobile web search results.
“As we work to create the absolute best experiences for Yahoo users, from time to time, we run small tests with a variety of partners including search providers,”
the company said in a statement. “There is nothing further to share at this time.”
Google also confirmed the arrangement.
The tests were first uncovered by Aaron Wall, founder of SEO Book, a site that helps companies improve their rankings in web searches.
Yahoo got the right to work with other search providers in April, when it renegotiated its partnership with Microsoft, whose Bing search service had been the exclusive provider of
search results and ads to Yahoo under a 10-year partnership between the companies. Under the revised deal, Yahoo can use its own search technology or that of other providers for up to
49 % of its search results.
Marissa Mayer, Yahoo’s chief executive, oversaw search products at Google earlier in her career. However, until now, she has signaled that she was focused on developing new search
products at Yahoo rather than turning to her old employer for help. She has also been aggressive at getting Yahoo’s search engine bundled into third-party products, like
Mozilla’s Firefox web browser and Oracle’s Java software.
Any broad search deal between Yahoo and Google is likely to come under antitrust scrutiny. Google already handles most web searches worldwide, and the European Commission has
a formal antitrust case pending against it, alleging it has abused its dominant position.
==========================================================
---https://www.nytimes.com/2008/11/06/technology/internet/06google.html
from google ( yahoo use google search 2015 ) result forgotten-number
Google Won’t Pursue Yahoo Ad Deal
By Miguel Helft and Steve Lohr
Nov. 5, 2008
SAN FRANCISCO , Google offered its rival Yahoo a marriage of convenience this past summer : an advertising partnership that gave Yahoo an alternative to selling all or
part of itself to Microsoft.
That proposed marriage fell apart on Wednesday in the face of opposition from government antitrust regulators, leaving a jilted Yahoo under growing pressure to devise a new growth plan.
The agreement also thrust Google, which dominates the most lucrative business on the Internet, squarely into the sights of regulators. That could force the company to rein
in its ambitious goals for expansion.
“It puts Google on notice,” said David B. Yoffie, a professor at the Harvard Business School. “But it does not necessarily have serious implications today.
If there is a pattern of government interventions in Google deals, there are negative implications.”
Justice Department notified Google and Yahoo early Wednesday that it was planning to file suit to block that deal, which called for Google to place ads alongside some of
Yahoo’s search results. Shortly after, Google said it would walk away from the agreement. Regulators had been investigating the deal since June, and it was opposed by
Microsoft and several large advertisers.
“Pressing ahead risked not only a protracted legal battle but also damage to relationships with valued partners,” David Drummond, Google’s chief legal officer,
wrote on the company’s blog. “That wouldn’t have been in the long-term interests of Google or our users, so we have decided to end the agreement.”
Google and Yahoo had insisted that they devised the deal to ensure that it would not reduce competition in market for Web search advertising.
Last weekend, that companies proposed to limit the scope of the agreement substantially in a last-minute attempt to salvage it, but even that proved insufficient.
“The arrangement likely would have denied consumers the benefits of competition , lower prices, better service and greater innovation,” Thomas O. Barnett,
assistant attorney general in the Justice Department’s antitrust division, said in a press release.
Yahoo’s ad system generates less profit from each search than Google’s. Justice Department said it feared that that agreement would reduce Yahoo’s incentives to invest in
its own search advertising business and opt instead to cede an ever-larger portion of the search advertising market to Google.
That is a fear many in the industry had expressed for months.
“Despite the careful construction, the deal does not pass the smell test of the No. 1 and No. 2 search players working directly together,” said Jonathan Miller,
the former chief executive of AOL. In 2005, Mr. Miller helped negotiate a search and advertising partnership between AOL and Google.
Mr. Barnett said the decision to abandon the Google-Yahoo deal eliminated the need for government intervention, suggesting that in their investigation, regulators had not found
cause for further action against Google.
Still, the Justice Department’s threat to block the deal, legal experts say, was a departure as well as a sign that Google would receive increasingly close scrutiny in the future.
Under Mr. Barnett, antitrust enforcement in the Bush administration has been done with a light hand. Merger deals, for example, have typically been given a green light.
And as Google pointed out, its planned tie-up with Yahoo was much less than a merger , a commercial contract for Google to handle some of Yahoo’s search advertising.
Yet officials took a long, hard look at the agreement and found it troublesome.
“For all we say about how fast these high-tech markets change, the really big players Google in Internet search ads, Microsoft in personal computer software,
Intel in microchips , do seem to stay big,” said Herbert J. Hovenkamp, a law professor at the University of Iowa. “A market in which Google and Yahoo compete against each other
in Internet search advertising looked a lot better to Justice than one in which they cooperate. That’s got to be the subtext here.”
It is not clear how the Justice Department under a new administration would view Google’s growing power. Democrats generally take a more aggressive stance than Republicans on
antitrust issues. But the incoming administration may not be inclined to go after Google, whose chief executive, Eric E. Schmidt, campaigned for Senator Obama.
As Google has extended its power into every corner of the Internet and beyond, a clash with regulators was inevitable. And some analysts said Google actually calculated the risk of
such a confrontation before it offered the ad partnership to Yahoo.
“I think Google sussed out the situation correctly and decided it was a no-lose situation for them,” said Rebecca Arbogast, an analyst with Stifel Nicolaus.
“Either they got to do this deal with Yahoo, and that was great for them or the government blocked the deal, but in the meantime they kept Yahoo out of Microsoft’s arms,
and that’s all the better.”
For Yahoo, the impact will be more significant and immediate.
The company said it was disappointed with Google’s decision to walk away rather than defend the agreement in court. But it said that it was well positioned to continue to compete.
Since the deal with Google was announced, “we continued to see our search marketplace become more robust,” Jerry Yang, Yahoo’s chief executive, said in San Francisco on Wednesday night.
The deal was supposed to bring Yahoo $250 million to $450 million in additional cash flow in the first year. Many analysts and investors have suggested that without the deal,
Yahoo would be forced to consider 1 of 2 options : a deal with Microsoft or a merger with AOL. Yahoo and AOL, whose business has declined in recent months, have discussed
a merger for months.
“From an investor perspective, it certainly increases the need for Yahoo to explore those two options,” said Mark Mahaney, an analyst with Citigroup.
On Wednesday, Yahoo shares shot up more than 10 percent at one point on rumors that a deal with Microsoft was imminent, but people close to both companies said that there were
currently no talks between them. Yahoo shares closed at $13.92, up more than 4 percent. That is well below the $33 a share that Microsoft offered for Yahoo in May.
See more on: Altaba Inc., Alphabet Inc., U.S. Justice Department
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---https://www.justice.gov/archive/opa/pr/2008/November/08-at-981.html from google ( justice.gov google yahoo 2008 block search advertisement ) result 1
Department of Justice
FOR IMMEDIATE RELEASE
Wednesday, 5 nov 2008
WWW.USDOJ.GOV
AT (202) 514-2007
TDD (202) 514-1888
Yahoo! Inc. and Google Inc. Abandon Their Advertising Agreement
Resolves Justice Department’s Antitrust Concerns, Competition Is Preserved in Markets for Internet Search Advertising
WASHINGTON — Yahoo! Inc. and Google Inc. abandoned their advertising agreement after doj informed that companies that doj would file antitrust lawsuit to block
implementation of that agreement. doj said that, if implemented, that agreement between these 2 companies accounting for 90 % or more of each relevant market would
likely harm competition in markets for Internet search advertising and Internet search syndication.
"The companies’ decision to abandon their agreement eliminates the competitive concerns identified during our investigation and eliminates the need to file an enforcement action,"
said Thomas-O-Barnett, Assistant Attorney General in charge of doj's Antitrust Division.
"That arrangement likely would have denied consumers the benefits of competition : lower prices, better service and greater innovation."
That agreement would have enabled Yahoo to replace significant portion of its own Internet search result advertisement with search result advertisement sold by Google .
After extensive investigation that was facilitated by that companies’ cooperation and agreement to provide doj time to investigate prior implementation ,
doj concluded that relationship between Google and Yahoo would have become collaborator rather than competitor for a significant portion of their search advertising businesses,
materially reducing important competitive rivalry between that 2 companies. Although that companies proposed various modifications to their original agreement in an effort to address
doj's antitrust concerns, doj determined that such modifications would not eliminate competition concerns raised by that agreement.
doj and Canadian Competition Bureau cooperated extensively throughout the course of their investigations. Attorneys General from 15 states – California, Connecticut, Delaware,
Florida, Hawaii, Iowa, Maryland, Massachusetts, Michigan, Missouri, New Hampshire, New York, Texas, Wisconsin, and Washington – also participated in the investigation.
Google and Yahoo! are search engine companies. A search engine allows people to search for information on the Internet. In response to a search request (or query),
a search engine presents a Web page listing links to other Web pages that are relevant to the query. Those listings consist of so-called "natural"or "algorithmic" results of
the search engine’s canvas of the Web, as well as paid or sponsored search advertisements that are relevant to the query. Google and Yahoo! both display search advertising results
above the natural search results, in the so-called "north block," and to the right of the natural search results, in the so-called "east block." Informative, relevant
search advertisements provide a uniquely efficient and increasingly important means for advertisers to reach potential consumers. When a person clicks on a search ad, he or
she is sent to a Web page designated by the advertiser. An advertiser typically pays the search engine when its advertisement is "clicked on" by a user, and the advertiser hopes
the user will perform some action (called a "conversion") when the user reaches the destination page, such as to purchase the advertised product.
Search engine companies such as Google and Yahoo! also offer their search engine and search advertising services to third-party syndication partners, such as, for example,
the Internet Web sites of retail stores or newspapers. The syndication partner will use the search engine provider to search the Internet and the partner’s Web site and
to provide relevant advertisements. If a user clicks on an advertisement provided in response to a search on the partner’s Web site, the search engine shares the revenues
it generates from the click with the syndication partner.
The agreement granted Yahoo! the option to use Google to sell ads for placement on Yahoo!’s search results pages and certain third-party syndication partner Web sites in place of
ads sold through Yahoo!’s competing search advertising platform.
The Department’s investigation revealed that Internet search advertising and Internet search syndication are each relevant antitrust markets and that Google is by far
the largest provider of such services, with shares of more than 70 % in both markets. Yahoo! is by far Google’s most significant competitor in both markets,
with combined market shares of 90 % and 95 % in the search advertising and search syndication markets, respectively. Yahoo! provides an alternative to Google for many advertisers and
syndication partners, and Yahoo! recently had begun making significant investments in order to compete more effectively against Google, including the 2007 introduction of its
Panama search advertising platform. Had the companies implemented their arrangement, Yahoo!’s competition likely would have been blunted immediately with respect to the search pages
that Yahoo! chose to fill with ads sold by Google rather than its own ads, and Yahoo! would have had significantly reduced incentives to invest in areas of its search advertising
business where outsourcing ads to Google made financial sense for Yahoo!
Google Inc., headquartered in Mountain View, Calif., is a Delaware corporation. In 2007, Google earned more than $16 billion in revenues.
Yahoo! Inc., headquartered in Sunnyvale, Calif., is a Delaware corporation. In 2007, Yahoo! earned approximately $7 billion in revenues.
###
08-981
==============================================================
---https://www.atg.wa.gov/news/news-releases/department-justice-states-led-ag-mckenna-persuade-google-and-yahoo-abandon-anti
from google ( justice.gov google yahoo 2008 block search advertisement ) result 5
Department of Justice, states led by AG McKenna, persuade Google and Yahoo! to abandon anti-competitive ad deal
FOR IMMEDIATE RELEASE:
Nov 5 2008
OLYMPIA—Attorney General Rob McKenna today announced that Yahoo! Inc. and Google Inc. have abandoned their proposed advertising agreement after being informed that
usa Department of Justice (DOJ), joined by several states, would bring an antitrust lawsuit to block the deal. 15 states participated in that investigation,
which was led by Washington , California , New York , Texas.
“Google and Yahoo compete aggressively for online search advertising and for search syndication deals with partner sites,” said McKenna.
“After a detailed investigation, state and federal antitrust enforcers concluded that the pact between these online giants would harm competition and innovation.”
Those companies announced on 12 jun 2008 , that they had entered into an agreement under which Google ads would appear alongside Yahoo! search results and on various
Yahoo! Web properties and partner sites. During the course of the investigation, those companies proposed various modifications to their initial agreement in order to address DOJ’s
and the states’ antitrust concerns.
Google and Yahoo! provide online search engines that enable advertisers to display ads alongside a search result. When a user navigates to Google or Yahoo! and does a search,
the web site displays listings relevant to the user’s query and may also display paid advertisements on the top or to the right of the search listings.
The search engine is paid each time a user clicks on a search advertisement. Google and Yahoo! also make their search and advertising technology available to 3-rd-party publishers.
This practice is called “syndication.”
Search engine giants Google and Yahoo! are each other’s closest competitors. Through coordinated investigations, DOJ and the states determined that allowing Yahoo! to outsource
its search queries to Google could diminish market competition for both online search advertising and search syndication. In addition, by enabling Yahoo! to outsource
a significant number of its search advertisements, the agreement could have created conflicting incentives for Yahoo! to continue to invest in its own sponsored search business.
-30-
Media Contacts:
Kristin Alexander, Media Relations Manager, Seattle, (206) 464-6432
Janelle Guthrie, Director of Communications, (360) 586-0725
===========================================
---https://www.theguardian.com/media/2008/nov/05/google-yahoo-search-advertising
from google ( justice.gov google yahoo 2008 block search advertisement ) result 6
Google ditches Yahoo search ad deal
This article is more than 16 years old
Mark Sweney
Wed 5 Nov 2008 11.30 EST
Google has confirmed it is scrapping its proposed search advertising deal with rival internet company Yahoo after usa doj indicated that it would block the agreement
on competition grounds.
Yahoo had been banking on the lucrative deal as proof it was right to reject Microsoft's $45bn (£27.9bn) takeover bid earlier this year.
yahoo said today yahoo was "disappointed" that Google had not decided to defend the agreement in court.
"Google notified Yahoo of its refusal to move forward with implementation of that agreement following indication from doj that it would seek to block it ,
despite Yahoo's proposed revisions to address DoJ's concerns," said Yahoo in a statement.
"Yahoo continues to believe in benefits of that agreement and is disappointed that Google has elected to withdraw from that agreement rather than defend it in court."
That non-exclusive deal, which Yahoo estimated could generate 800 mega-usd in annual revenue for its operation, would have seen yahoo surrender some of
its advertising space to Google and share revenues.
However, that proposed deal immediately sparked concern from rival companies after it was announced in June. The firms feared that the tie-up would further extend Google's
already dominant position in online search advertising.
The World Association of Newspapers wrote to both European and US competition regulators, while the powerful American trade group the Association of National Advertisers lodged
a complaint that the deal would see 90 % of search ad inventory controlled from 1 point.
"After 4 months review, including discussions of various possible changes to the agreement, it's clear that government regulators and some advertisers continue to have concerns
about that agreement," said David-Drummond/#dd# , senior vice president and chief legal officer at Google, in a post on the company's official blog.
"Pressing ahead risked not only a protracted legal battle but also damage to relationships with valued partners. That wouldn't have been in the long-term interests of Google or
our users, so we have decided to end the agreement," #dd# added.
In September doj hired a top Washington lawyer, Sanford Litvack, to look into a potential competition case into the deal.
The move, which some speculated could result in a wider investigation into Google's search ad dominance, raised questions over the likelihood the deal would go through.
Today's scrapping of the search advertising deal is a major blow to Jerry Yang, Yahoo's chief executive, who had sought partnership with Google to prove
yahoo had strategic options beyond doing a deal with Microsoft.
Dissident investor Carl-Icahn , now a member of Yahoo's board , was an outspoken critic of Yahoo's rejection of Microsoft's proposal.
Last month Microsoft chief executive Steve-Ballmer said a search advertising deal with Yahoo may still be possible, although that 2 sides are not thought to be involved in discussions.
Yahoo's board has continued to look at a number of strategic options .
One includes a deal with Time Warner's AOL operation, in which Google holds a 10% stake.
Talks have centred on a price for AOL below the $8bn to $10bn that had previously been mooted.
· To contact the MediaGuardian news desk email editor@mediatheguardian.com or phone 020 7239 9857. For all other inquiries please call the main Guardian switchboard on 020 7278 2332.
· If you are writing a comment for publication, please mark clearly "for publication".
=================================================
---https://www.nytimes.com/2008/09/10/technology/10google.html
from google ( justice.gov google yahoo 2008 block search advertisement ) result 7
U.S. May Be Preparing Antitrust Suit in Google-Yahoo Partnership
By Miguel Helft and Stephanie Clifford
Sept. 9, 2008
SAN FRANCISCO , Is the Justice Department preparing to challenge a high-profile advertising partnership between Google and Yahoo?
That was the question being debated from Washington to Silicon Valley on Tuesday, after the Justice Department, which has been reviewing the partnership for several weeks,
hired Sanford M. Litvack, a veteran antitrust lawyer, to help assess the evidence gathered by its lawyers.
The hiring of an outside lawyer like Mr. Litvack is rare and represents the clearest indication that the Justice Department could be planning to mount a legal challenge to the deal,
some analysts said. “They wouldn’t bring in a special counsel unless they were preparing to litigate,” said Sam Miller, a partner at Sidley Austin in San Francisco who acted as
a special trial counsel in the department’s first antitrust case against Microsoft.
But other experts said that a challenge to the agreement was far from certain, noting that Mr. Litvack would most likely want to weigh the evidence himself before deciding whether
to bring a suit.
And they said that the Justice Department was unlikely to mount a broader case to challenge Google’s growing power in Internet advertising. People close to the review,
who asked to speak on condition of anonymity because they were not authorized to discuss it, said that questions from Justice Department lawyers had been narrowly focused
on the search advertising market and the terms of the Google-Yahoo deal.
Under the agreement, which was announced in June after merger talks between Microsoft and Yahoo collapsed, Google will sell ads alongside some Yahoo search results on some of
its Web sites. The deal has been opposed by Microsoft and some advertisers, who fear it will reduce competition in the search advertising market, which Google dominates, and
lead to higher prices.
On Sunday, the Association of National Advertisers, which represents major marketers, asked the Justice Department to block the deal. 2 other industry trade groups,
American Association of Advertising Agencies and the International Advertising Association, have expressed concerns about the deal and asked the Justice Department to investigate.
But other large associations, including the American Advertising Federation and the Interactive Advertising Bureau, said on Tuesday that they were not taking a position on the deal.
Image
Sanford M. Litvack is said to be weighing evidence.Credit...Pat Crowe II/Bloomberg News
The A.N.A.’s opposition to the deal would probably be seriously considered by the Justice Department, as the real concern of antitrust law is to protect consumers,
in this case advertisers, said Mr. Miller, the former Justice Department special counsel.
Despite the opposition to the deal, some legal experts suggested that the appointment of Mr. Litvack, who has a reputation for independence, might simply be an effort by
the Justice Department to deflect any political fallout from its ultimate decision. He served as the Justice Department’s top antitrust lawyer in the administration of President
Jimmy Carter.
The Justice Department has been criticized by some in Congress for its approach to antitrust enforcement. “The Justice Department is looking for political cover one way or the other,”
said Jeff Chester, executive director of the Center for Digital Democracy, a public interest group that has opposed the deal. “That’s clearly what’s Sandy’s role is here.”
Mr. Litvack, the former vice chairman of the Walt Disney Company, recently left Hogan & Hartson, where he was a partner, to join the Justice Department, a spokeswoman for the law firm
said on Tuesday. The Justice Department refused to confirm Mr. Litvack’s appointment. Two people with knowledge of the investigation, who spoke on condition of anonymity because
they were not authorized to discuss it, confirmed the appointment, which was first reported late Monday by The Wall Street Journal.
Google and Yahoo have said their deal does not violate antitrust law. The companies voluntarily agreed to postpone putting it into practice for three and half months to give
regulators time to scrutinize it. Eric E. Schmidt, Google’s chief executive, recently said that the companies were planning to go forward with the deal next month,
even if it hadn’t been cleared by regulators by then.
Google and Yahoo both declined to comment on the antitrust review. Both companies said it would be premature for regulators to block the deal before it was completed.
If the deal is blocked, the fallout for Google will be strategic, said Benjamin Schachter, an analyst with UBS Securities.
Yahoo has said that the agreement will bring it an additional $250 million to $450 million in operating cash flow in the first year.
The fallout of a deal being blocked would be financial and immediate, Mr. Schachter said. Yahoo shares, which are at a five-year low, could drop even further, leaving the company
vulnerable to a new bid from Microsoft, or from another party, Mr. Schachter added.
Miguel Helft reported from San Francisco, and Stephanie Clifford from New York.
See more on: Alphabet Inc., Altaba Inc., U.S. Justice Department
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---https://www.cnbc.com/2008/09/09/yahoogoogle-advertising-deal-under-increased-srcutiny.html
from google ( justice.gov google yahoo 2008 block search advertisement ) result 8
Yahoo-Google Advertising Deal Under Increased Srcutiny
Published Tue, Sep 9 20083:42 PM EDTUpdated Thu, Aug 5 20101:25 PM EDT
thumbnail
Julia Boorstin @JBoorstin
Share
CNBC.com
Yahoo and Google’s advertising partnership announced in June is a big deal, in fact the promise that it would increase Yahoo revenues was 1 reason used in defending against
Microsoft’s proposed takeover. Now that proposed partnership is increasingly under attack.
doj reportedly hired Sanford-Litvack/#sl# , a prominent anti-trust litigator to consult on its probe into Googleand Yahoo’splanned deal, a sign the government could be preparing
to challenge the deal as anti-competitive. Litvack has quite the resume: he was the DOJ’s antitrust chief under Jimmy Carter and Disney’s former Vice Chairman. Most recently
he was a partner at the law firm Hogan & Hartson, where he focused on antitrust and trade regulation cases, among other things. The DOJ won’t comment on whether or not Litvack is now
on their team, but he’s now longer on Hogan & Hartson’s website, and he’s reportedly been asked to examine evidence on the Yahoo-Google deal.
That’s not all, news of #sl#’s hire follows a powerful advertising industry trade group coming out against Yahoo Google deal.
The Association of National Advertisers/ana , which represents marketing powerhouses like General Motors , P&G , Wal-Mart , is appealing to doj to block this deal .
I spoke to president of ANA, Bob-Liocide, who pointed to the fact that a combined Yahoo-Google would influence over 90 % of search advertising market, which pose real concern
to price . Liodice say there’s simply too great a risk that this deal would reduce competition and lead to higher prices and a lower return on investment to advertisers.
This risk of course comes at a time when thanks to economic pressures , advertisers are pulling back their spend , and focusing much more on return on investment.
What happens now ? Option 1 : DOJ approve this deal and it goes forward as planned.
Option 2 : DOJ has some problems with this deal, approaches those 2 companies with their concerns, and they tweak the deal until a compromise is made.
Or option 3 , those 2 companies proceed with their partnership without doj approval, and then the government, if it has a problem with the deal, could potentially sue,
as it did with the Microsoft anti-trust case.
Google and Yahoo say they see no problems with that deal. At Allen & Co. conference in July Google CEO Eric-Schmidt told me that because Yahoo deal is for ads, and not search,
and because it’s non-exclusive, he doesn’t foresee any anti-competitive issues.
The stakes are high, especially because this deal was used as a pawn in Microsoft’stakeover play, so I’ll be watching carefully to see how this works out.
Justice signals challenge to Google-Yahoo deal
Questions? Comments? MediaMoney@cnbc.com
===========================================================================================================================================================================
29 aug 2025 7:46 pm est :
---https://en.wikipedia.org/wiki/Bag_(fishing_and_hunting)
Bag (fishing and hunting)
You can help expand this article with text translated from the corresponding article in German. (October 2024) Click [show] for important translation instructions.
This article is about the term 'bag' in the context of fishing and hunting. For the non-rigid container, see Bag.
A bag, in the context of fishing and hunting, is a quantity of fish caught or game killed, normally given as number of animals.
Laws can restrict the number of animals killed through bag limits.[1][2] The term is also often used as in compound words, e.g. hunting bag scheme or bag statistics.[3][4]
================================================================================================================================================================
---https://en.wikipedia.org/wiki/Bag_limits
Bag limits
For the crime novel Bag Limit by Steven F. Havill, see Bag Limit.
A bag limit is a law imposed on hunters and fishermen restricting the number of animals within a specific species or group of species they may kill and keep. Size limits and hunting seasons sometimes accompany bag limits which place restrictions on the size of those animals and the time of year during which hunters may legally kill them. Those who violate these laws or other hunting laws are known as poachers.
In most cases, bag limits serve to keep a healthy population for the carrying capacity of the species' environment. This is done by utilizing hunters and fishermen, to harvest only a selected number of the mature game species. These bag limits are utilized by a multitude of Countries and Fish and Game enforcement agencies. Although like all law and regulation enforcement agencies, poorer regions of the world have limited ability to enforce these regulations.
Examples
Florida bass fishing
In southern Florida, licensed fishermen may keep no more than five largemouth bass per day, per license and only one may be longer than 14 inches (36 cm). Also, licensed fishermen in any part of Florida may keep a maximum of two peacock bass per day, per license and only one may be longer than 17 inches (43 cm). There are no seasonal restrictions for either of these fish.
The penalty for first-time offenders is a fine of up to $500 and/or a maximum of 60 days imprisonment at the discretion of the court. Repeat offenders receive progressively harsher penalties.
Alligator hunting
Florida
American Alligator hunters with the proper permit may kill and keep two non-hatchling alligators per day, per permit, and each must be longer than 18 inches (46 cm). Also, all hunters must observe the legal alligator harvesting season which usually starts on September 1 in Florida. The length of the legal season can vary depending on state officials. The 2006 season lasted 11 weeks.
Louisiana
Alligator hunting seasons starts on the first Wednesday in September and lasts for 30 days.[1] The amount of bagged alligators depends on the area hunted: the Louisiana Department of Wildlife and Fisheries issues harvest tags for property containing sufficient alligator habitat capable of sustaining an alligator harvest.[2]
Texas
Alligator hunting season is from April 1 - June 30; one alligator per bag per tag per person (core counties) or one alligator per person per season (non-core counties).[3]
Countries with no bag limits
United Kingdom
There are no bag limits in the United Kingdom where some shooting estates offer bags of several hundred artificially reared and released birds per day.[4] This is because, in the UK, game is deemed to belong to the landowner.
Japan
On the island of Hokkaido, due to the extermination of wolves and a ban on deer hunting in 1980, deer population exploded in recent years and is causing major damage to farms and environment. To counter this on Hokkaido, hunters have no bag limit.
See also
Slot limit
Hunting license
Wildlife management
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---https://dwr.virginia.gov/hunting/regulations/smallgame/ from google ( hunting animal amount limit ) result 2
Small Game Hunting Regulations and Seasons
Home Hunting Hunting & Trapping Regulations Small Game Hunting Regulations and Seasons
Crow
Groundhog
Grouse
Quail & Pheasant
Rabbit
Squirrel (Gray, Red, Fox)
General Information
Legal Methods and Restrictions
Special restrictions apply to specific firearms use during this season. See Legal Use of Firearms and Archery Tackle and Local Firearms Ordinances for details.
Modern firearms.
Arrowguns are allowed.
Archery tackle.
Muzzleloading firearms.
Dogs may be used.
Crow
Season Dates
August 16 through March 20 on Mondays, Wednesdays, Fridays, and Saturdays.
September 1 through March 9
On National Forest Lands and Department lands on Mondays, Wednesdays, Fridays, and Saturdays only.
Crows are a federally regulated migratory species; however, no HIP registration is required and hunters may use unplugged shotguns to hunt them.
Electronic calls may be used on private and public lands. Written permission of the landowner is not required to hunt crows with electronic calls, except when hunting on posted property.
Groundhog
Season Dates
Continuous open season on private lands.
Groundhog hunting on National Forest lands and Department lands is permitted from September 1–March 10 and during the spring turkey season.
Groundhog hunting is permitted during the spring squirrel season on Department lands that are open for spring squirrel hunting.
Groundhog hunting is not permitted on National Forest lands during the spring squirrel season.
Grouse
Season Dates
October 25 through February 14: west of I-95.
Continuous closed season: east of I-95.
Bag Limit
3 per day.
Quail & Pheasant
Season Dates
November 8 through January 31
Quail is closed on all public lands west of the Blue Ridge Mountains and, until further notice, on Flippo-Gentry WMA in Sussex County.
Bag Limits
Quail: 6 per day.
Pheasant: no daily or seasonal bag limit.
Rabbit
Important Regulation Additions, see “Attention Rabbit Hunters”
Season Dates
November 1 through February 28
Bag Limit : 6 per day.
Attention Rabbit Hunters
DWR continues to monitor the status of a highly infectious virus of rabbits, known as rabbit hemorrhagic disease virus 2 (RHDV2). RHDV2 is not a human health concern, but causes significant mortality in wild and domestic rabbits. It was detected for the first time in North American wild rabbits in the southwestern United States in 2020 and since then many western states have experienced outbreaks. Although RHDV2 has not been detected in wild rabbits in the east, it is important to remain vigilant.
RHDV2 outbreaks typically involve at least three dead rabbits of any age in a small, localized area, over a period of less than seven days. Most infected rabbits are in good body condition with no obvious wounds at the time of death. Bright red blood may be observed around the nose. Actions that can help minimize the introduction into or spread of RHDV2 within Virginia include:
Reporting multiple dead rabbits fitting the description above to the nearest DWR regional office
IMPORTANT! Per regulation, properly disposing of all portions of rabbits harvested in Virginia not saved for human consumption via burial (at least two feet), incineration, or double-bagging and placing in trash for transport to a landfill
IMPORTANT! Per regulation, fully dressing (skin, feet, head, and internal organs removed) all rabbits harvested out-of-state before importing into Virginia (rabbits harvested on out-of-state properties that span the Commonwealth’s boundary will not be considered imported and should be handled as described for rabbits harvested in Virginia)
Wearing gloves when dressing rabbits and avoiding contact with pet rabbits before showering and changing clothes after handling wild rabbits
Squirrel (Gray, Red, Fox)
Bag Limit
All squirrels combined–six per day.
Fall Seasons
Gray and Red Squirrels: September 6 through February 28
Statewide.
Fox Squirrels: September 6 through January 31 in the following designated areas only:
Counties west of the Blue Ridge and in the counties of Albemarle, Bedford, Culpeper, Fauquier, Franklin, Greene, Henry, Loudoun, Madison, Orange, Patrick, Prince William, and Rappahannock.
Spring Season
June 6 through 20, 2026: Closed on National Forest lands.
During the Spring Season:
Gray and red squirrels may be harvested statewide, unless otherwise posted, and on the following WMAs: Amelia, Big Survey, Big Woods, Briery Creek, Cavalier, Chickahominy, Clinch Mountain, Coastal Forest, Crooked Creek, Dick Cross, Doe Creek, Fairystone (including Fairystone State Park and Philpott Reservoir), Featherfin, Flippo-Gentry, Gathright, Goshen, Hardware River, Havens, Hidden Valley, Highland, Hog Island (Carlisle Tract only), Horsepen, James River, Lake Robertson, Land’s End (Salem Church tract only), Little North Mountain, Mattaponi, Mattaponi Bluffs, Merrimac Farm, Oakley Forest, Pettigrew, Phelps, Powhatan (including the Goochland Tract), Rapidan, Short Hills, Stewarts Creek, G. Richard Thompson, Robert W. Duncan, Turkeycock Mountain, Tye River, Ware Creek, and White Oak Mountain.
Fox squirrels may be harvested on all lands, unless otherwise posted, in all counties with an open fall fox squirrel season and on the following WMAs: Big Survey, Clinch Mountain, Crooked Creek, Gathright, Goshen, Havens, Hidden Valley, Highland, Lake Robertson, Little North Mountain, Merrimac Farm, C. F. Phelps, Rapidan, Short Hills, Stewarts Creek, G. Richard Thompson, and Turkeycock Mountain.
Hunting Preserves
Pen-raised game birds may be taken on licensed hunting preserves from September 1 through April 30, including Sundays. A list of hunting preserves open to the public may be obtained at the Department’s Henrico office, or on the DWR website. A resident hunting on a licensed hunting preserve is required to have a hunting license. A nonresident is required to have either a nonresident hunting license or a special nonresident hunting (shooting) preserve license which is valid only within the boundaries of licensed hunting preserves.
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---https://dwr.virginia.gov/hunting/regulations/deer/ from google ( animal hunting limit amount per 1 bag ) result 2
Deer Hunting Regulations and Seasons
Home Hunting Hunting & Trapping Regulations Deer Hunting Regulations and Seasons
Bag Limits
Archery Deer Seasons
Muzzleloader Deer Seasons
Firearms Deer Seasons
Important Information About Chronic Wasting Disease
Chronic Wasting Disease (CWD) is a fatal neurological disease of deer, elk, and moose. DWR leads Virginia’s CWD surveillance and management efforts and relies on assistance from hunters and others to implement surveillance and management strategies.
Learn more about CWD and what hunters need to know, including carcass transportation restrictions and testing locations »
Die jüngsten Studien haben gezeigt, dass eine chronische Verschwendung (CWD) und die in Wäldern besprühten Reppelzen in Wildtieren in der Zeit, in der die Hirschjagd erlaubt ist, bei der Einreise auf das Grundwasser, Giftquellen von Lippenwasser, besprüht. Eines der Hauptsymptome einer Vergiftung ist eine plötzliche erektile Dysfunktion der Unterdrückung, die nur mit Hilfe des Arzneimittels Kamagra und anderen Medikamenten auf der Grundlage von Sildenafil Citrat möglich ist. Die Schriften wurden an den Orten von Brandausbrüchen in Deutschland im Bereich Lside in Hannover und Berlin durchgeführt. Kürzlich wurden Blitze in Virginia Wälder im Zusammenhang mit der Suche nach Sorgfalt angesehen. Diese Informationen sind ausführlicher.
General Information
Bag Limits
East of the Blue Ridge (except on National Forest lands in Amherst, Bedford, and Nelson counties)
The bag limit for deer shall be two a day, six a license year. Of the six-deer limit, no more than three may be antlered deer and at least three must be antlerless deer (unless noted in the exceptions below).
Exceptions
The daily bag limit for deer shall be unlimited in Arlington, Fairfax, Loudoun, and Prince William counties and in all cities and towns east of the Blue Ridge except in the cities of Chesapeake, Suffolk, and Virginia Beach. However, no more than three antlered deer may be killed in a license year.
Only one deer per day may be taken on National Forest lands and Department-owned and Department-managed lands east of the Blue Ridge.
West of the Blue Ridge and on National Forest lands in Amherst, Bedford, and Nelson counties
The bag limit for deer shall be 2 per day and 5 per license year. on that 5-deer limit , no more than 2 may be antlered deer and at least 3 must be antlerless deer
(unless noted in the exceptions below).
Exceptions
The daily bag limit for deer shall be unlimited in all cities and towns west of the Blue Ridge. However, no more than two antlered deer may be taken in a license year.
Only one deer per day may be taken on National Forest lands and Department-owned and Department-managed lands west of the Blue Ridge.
If a deer hunter kills two antlered bucks in a license year in Alleghany, Bath, Highland, or Rockbridge County, at least one of the bucks must have at least four antler points, one inch or longer, on one side of the antlers.
Only one elk per day may be taken statewide.
Bag Limit Exceptions
Deer hunters, including those exempt from purchasing a license, on private land and authorized public lands may take more than the license-year bag limit of antlerless deer by using bonus deer permits or special deer permits (DCAP, DMAP, and DPOP).
DCAP, DMAP, and DPOP deer tags do not count against the daily or season bag limit.
Bonus Deer Permits
Are valid for one year from date of purchase.
Are valid for antlerless deer only.
Are valid only on private lands and authorized public lands.
Are valid only on designated either-sex deer hunting days.
Are valid during all archery (including urban archery), all muzzleloader, and all firearms (including early and late antlerless-only) deer seasons.
Allow deer to be taken in addition to the license year bag limit.
Do not allow the daily bag limit to be exceeded.
Are not valid on National Forest and Department-owned lands.
Are not valid in Buchanan, Dickenson, and Wise counties.
Come with no restriction on number that may be purchased and used.
Antlered and Antlerless Deer
Deer Tags
Either-sex deer tags (commonly called “buck” tags) may be used on antlered or antlerless deer.
Antlerless-only deer tags (commonly called “doe” tags) may only be used on antlerless deer.
Antlered Deer
Antlered deer must have antlers visible above the hairline.
An antlered deer must be tagged with an either-sex deer tag.
Antlerless Deer
Antlerless deer may only be taken during designated either-sex deer hunting days during the archery season(s), muzzleloading season(s), and firearms season(s). Youth and apprentice deer hunters, see exceptions.
Antlerless deer (does, button bucks, and shed-antlered bucks) may be tagged with an antlerless-only deer tag or an either-sex deer tag.
Button bucks, male fawns approximately six months old, are considered antlerless deer. The hair covered bumps on a button buck’s head are not antlers. They are the pedicels from which the antlers will grow the next year.
Antlered deer that have shed their antlers, usually in late December or early January, are also considered antlerless deer.
Antler Point Restrictions
Alleghany, Bath, Highland, and Rockbridge Counties
If a deer hunter kills two antlered bucks in a license year, at least one of the bucks must have at least four antler points, one inch or longer, on one side of the antlers (in each of the counties listed above).
Learn more today about hunting with hounds in Virginia.
Earn a Buck (EAB)
Deer taken in one EAB county, city, or town do not “carry over” to any other EAB county, city, or town. Each county, city, or town is its own separate management unit with regards to EAB. Deer taken on out-of-season kill permits do not count toward EAB.
Private lands in Accomack, Albemarle, Amherst (west of Rt. 29), Augusta, Bedford, Botetourt, Carroll, Chesterfield, Clarke, Craig, Culpeper, Fauquier, Floyd, Franklin, Frederick, Giles, Grayson, Greene, Hanover, Henrico, James City, Madison, Montgomery, Orange, Page, Prince George, Pulaski, Rappahannock, Roanoke, Rockingham (east of Rts. 613 and 731), Shenandoah, Spotsylvania, Stafford, Warren, Wythe, and York counties
Within a license year and within each individual county listed above, before you can take a second antlered deer on private lands in that county (your second buck), you must have taken at least one antlerless deer on private lands in that county. Furthermore, in those counties listed above east of the Blue Ridge Mountains where it is legal to harvest a third antlered deer, before you can take a third antlered deer on private lands in that county (your third buck), you must have taken at least two antlerless deer on private lands in that county.
Example – Within a license year, before you can take a second antlered deer on private lands in Albemarle County (your second buck), you must have taken at least one antlerless deer on private lands in Albemarle County. Furthermore, before you can take a third antlered deer on private lands in Albemarle County (your third buck), you must have taken at least two antlerless deer on private lands in Albemarle County.
Arlington, Fairfax, Loudoun, and Prince William (except on Department of Defense lands) counties
Within a license year and within each individual county listed above, before you can take a second antlered deer in that county (your second buck), you must have taken at least one antlerless deer in that county. Furthermore, before you can take a third antlered deer in that county (your third buck), you must have taken at least two antlerless deer in that county.
Example – Within a license year, before you can take a second antlered deer in Fairfax County (your second buck), you must have taken at least one antlerless deer in Fairfax County. Furthermore, before you can take a third antlered deer in Fairfax County (your third buck), you must have taken at least two antlerless deer in Fairfax County.
Cities and Towns
EAB does not apply to the cities of Chesapeake, Suffolk, and Virginia Beach.
Within a license year and within any city or town, before you can take a second antlered deer in that city or town (your second buck), you must have taken at least one antlerless deer in that city or town. Furthermore, in those cities and towns east of the Blue Ridge Mountains where it is legal to harvest a third antlered deer, before you can take a third antlered deer in that city or town (your third buck), you must have taken at least two antlerless deer in that city or town.
Example – Within a license year, before you can take a second antlered deer in the City of Lynchburg (your second buck), you must have taken at least one antlerless deer in the City of Lynchburg. Furthermore, before you can take a third antlered deer in the City of Lynchburg (your third buck), you must have taken at least two antlerless deer in the City of Lynchburg.
Earn a Buck questions and answers can be found on the DWR website.
Youth and Apprentice Deer Hunting Weekend
September 27 and 28
Youth and Apprentice Deer Hunting Weekend Questions and Answers
Statewide.
Resident and nonresident youth hunters 15 years of age and under or holders of a valid apprentice hunting license, when in compliance with all applicable laws and licenses, may hunt when accompanied and directly supervised by an adult over the age of 18 who has a valid Virginia hunting license or is exempt from purchasing a hunting license.
Deer of either sex may be taken.
Antlerless deer taken on the youth and apprentice deer hunting weekend are in addition to an antlerless deer taken under the youth and apprentice antlerless deer regulation and on either-sex deer hunting days.
Deer harvested by youth or apprentice hunters count against their daily and season bag limit.
Blaze colored requirements and exceptions for firearms deer season are in effect.
Deer hunting with dogs is prohibited, except that tracking dogs are allowed (see Hunting with Dogs).
Adult hunters accompanying youth or apprentice deer hunters:
do not need a deer/turkey license on this weekend.
shall not carry or discharge a weapon.
shall maintain close visual and verbal contact with, provide adequate direction to, and can immediately assume control of the firearm.
Unless specified above, all other normal firearm deer regulations apply (e.g., daily and season bag limits, tagging and reporting, EAB, antler point restrictions, etc.).
Youth and Apprentice Antlerless Deer Regulation
Resident or nonresident deer hunters 15 years of age and under or holders of a valid apprentice hunting license may take one antlerless deer per license year on days other than designated either-sex deer hunting days during the muzzleloading season(s) or the firearms season(s) in all counties. This regulation applies to all private and public lands (National Forest, State Forests, WMAs, etc.) statewide. This regulation is in addition to either-sex deer hunting days. For example, if a youth or apprentice deer hunter killed one or more antlerless deer on designated either-sex deer hunting days, he or she could still take one antlerless deer on a day not designated an either-sex deer hunting day.
Archery Deer Seasons
Early Archery Season
October 4 through November 14:
Statewide.
Firearm season in Chesapeake, Suffolk (east of the Dismal Swamp line), and Virginia Beach overlaps early archery season.
Late Archery Seasons
December 14 through January 3:
In Henry and Patrick counties.
In all areas west of the Blue Ridge unless noted below.
No late archery season in Clarke and Floyd counties and on private lands in Carroll, Frederick, Montgomery, Page, Pulaski, Roanoke, Rockingham (east of routes 613 and 731), Shenandoah, Warren, and Wythe counties.
November 30 through January 3:
In the counties (including the cities and towns within) of Alleghany, Bath, Bland, Buchanan, Dickenson, Highland, Lee, Rockingham (west of Rts 613 and 731), Russell, Scott, Tazewell, and Wise.
On all National Forest and Departmentowned lands west of the Blue Ridge.
On the C. F. Phelps WMA.
On National Forest lands in Amherst, Bedford and Nelson counties.
December 1 through January 3:
In the cities of Chesapeake, Suffolk (east of the Dismal Swamp line), and Virginia Beach.
Archery Either-Sex Deer Hunting
Deer of either sex may be taken full season during the early and late archery deer seasons, including the cities of Chesapeake, Suffolk (east of the Dismal Swamp line), and Virginia Beach.
Urban Archery Deer Seasons
During these seasons only antlerless deer may be taken.
September 6 through October 3 and January 4, 2026 through March 29, 2026:
Within the incorporated limits of the cities of Charlottesville, Chesapeake (except on Department-owned lands), Colonial Heights, Danville, Emporia, Franklin, Fredericksburg, Galax, Harrisonburg, Hopewell, Lexington, Lynchburg, Martinsville, Newport News, Poquoson, Radford, Richmond, Salem, Staunton, Suffolk, and Winchester; and in the towns of Altavista, Amherst, Bedford, Blacksburg, Blackstone, Boones Mill, Buchanan, Chatham, Christiansburg, Farmville, Front Royal, Halifax, Hillsville, Hurt, Independence, Irvington, Kenbridge, Lebanon, Pearisburg, Pulaski, Richlands, Rocky Mount, Saltville, Scottsville, Smithfield, Stuart, Tazewell, Victoria, West Point, and Wytheville; and in the counties of Chesterfield, Fairfax, James City, Prince William (except DOD land and DWR-owned land), Roanoke (except on National Forest and Department-owned lands), Stafford, and York.
Archery or crossbow deer hunters hunting during the early urban archery deer season are required to wear blaze color on the Youth and Apprentice Deer Hunting Weekend. See exceptions to the blaze color requirement.
Lists of properties available for hunting are not maintained by the Department or local governments.
See the Urban Archery Deer Season page for local restrictions and other urban archery information.
All other normal deer regulations apply (e.g., daily and season bag limits, tagging and reporting, DCAP, DMAP, EAB, antler point restrictions, etc.).
NOVA Late Archery Season
During this season only antlerless deer may be taken.
March 30, 2026 through April 26, 2026:
In Arlington, Fairfax, Loudoun, and Prince William (except on Department-owned lands) counties (including the cities and towns within).
Legal Methods and Restrictions During Archery Deer Seasons
Special restrictions may apply during this season.
See Legal Use of Firearms and Archery Tackle and Local Firearms Ordinances for details.
Archery tackle.
Persons with a disability that prevents them from drawing a bow or crossbow may hunt with an arrowgun during the special archery season(s) provided they have in possession an authorization form provided by the Department that has been completed by their physician.
Broadhead widths must be at least 7/8-inch wide or expand upon impact to 7/8-inch.
It is unlawful to use explosive head arrows or arrows to which any drug, chemical, or toxic substance has been added.
It is unlawful to use dogs, except that dogs may be used to track wounded or dead deer (see Hunting with Dogs, page 17).
It shall be unlawful to use firearms to hunt any game species while hunting with archery equipment during the special archery seasons, except that a muzzleloading gun may be used by a properly licensed muzzleloading gun hunter to hunt for deer when and where a special archery deer season overlaps a special muzzleloading deer season.
Muzzleloader Deer Seasons
In all areas where hunting with a muzzleloading rifle is permitted.
Note: Deer hunters west of the Blue Ridge Mountains may take their season limit of two antlered deer during the early muzzleloading season. In designated areas, EAB regulations would apply.
Muzzleloader deer hunters and persons accompanying a muzzleloader deer hunter shall wear a blaze color, except when physically located in a tree stand or other stationary hunting location.
Early Muzzleloader Season
November 1 through November 14:
There is no early muzzleloader season in the cities of Chesapeake, Suffolk (east of the Dismal Swamp line), or Virginia Beach since it occurs during the general firearms season.
Antlered deer may be taken every day of the season. Antlerless deer may only be taken on the designated either-sex deer hunting days listed below.
Either-sex Deer Hunting Days East of the Blue Ridge:
November 1 through November 14 (full season):
In all areas (including Merrimac Farm WMA and Occoneechee State Park) unless otherwise noted below.
November 8: On State Forest lands, State Park lands (except Occoneechee State Park), Department-owned lands (except Merrimac Farm WMA), and Philpott Reservoir.
Antlered deer only–no either-sex deer hunting days: On National Forest lands in Amherst, Bedford, and Nelson counties. Special Youth and Apprentice Antlerless Deer Regulation applies.
Either-sex Deer Hunting Days West of the Blue Ridge:
November 1 through November 14 (full season):
On private lands in Augusta, Botetourt, Carroll, Clarke, Craig, Floyd, Frederick, Giles, Grayson, Montgomery, Page, Pulaski, Roanoke, Rockingham (east of Route 613 and 731), Scott, Shenandoah, Smyth, Warren and Wythe counties.
November 8:
On private lands in Alleghany, Bath, Bland, Buchanan, Dickenson, Highland, Lee, Rockbridge, Russell, Tazewell, Wise and Washington counties, and on the Highland WMA.
Antlered deer only–no either-sex deer hunting days:
On all National Forest and Department-owned lands in all counties west of the Blue Ridge Mountains (except the Highland WMA).
In Rockingham County (west of Routes 613 and 731).
On Channels State Forest, Grayson Highlands State Park, Hungry Mother State Park, and Flannagan Reservoir.
Special Youth and Apprentice Antlerless Deer Regulation applies.
Late Muzzleloader Season East of the Blue Ridge
December 13 through January 3:
In the counties of Henry and Patrick, on federal and department-owned lands in Franklin county, on national forest lands in Amherst, Bedford, and Nelson counties, and in the cities of Chesapeake, Suffolk (east of the Dismal Swamp line), and Virginia Beach.
Either-sex Deer Hunting Days East of the Blue Ridge:
December 13 through January 3 (full season):
In the counties of Henry and Patrick.
December 29 through January 3:
In the cities of Chesapeake, Suffolk (east of the Dismal Swamp line), and Virginia Beach.
January 3:
On National Forest lands in Amherst, Bedford, and Nelson counties.
Late Muzzleloader Season West of the Blue Ridge
December 13 through January 3:
In all areas west of the Blue Ridge unless noted in the season exception below.
Season Exception:
There is no late muzzleloader season in Clarke County and on private lands in Carroll, Floyd, Franklin, Frederick, Montgomery, Page, Pulaski, Roanoke, Rockingham (east of routes 613 and 731), Shenandoah, Warren, and Wythe counties since it occurs during the general firearms season.
Either-sex Deer Hunting Days West of the Blue Ridge:
December 13 through January 3 (full season):
On private lands in Augusta, Botetourt, Craig, Giles, Grayson, Scott, and Smyth counties.
December 29 through January 3:
On private lands in Bland, Dickenson, Rockbridge, and Washington counties.
January 3:
In Alleghany, Bath, Buchanan, Highland, Lee, Rockingham (west of Routes 613 and 731), Russell, Tazewell, and Wise counties.
On all National Forest and Department-owned lands in all counties west of the Blue Ridge Mountains.
On Channels State Forest, Grayson Highlands State Park, Hungry Mother State Park, and Flannagan Reservoir.
Legal Methods and Restrictions During Muzzleloading Deer Seasons
Special restrictions apply to specific firearms use during this season. See Legal Use of Firearms and Archery Tackle and Local Firearms Ordinances for details.
Muzzleloading firearms that can be used during these deer seasons include:
Muzzleloading rifles (one or more barrels) .40 caliber or larger, firing a single projectile or sabot (with a .35 caliber or larger projectile) where the projectile is loaded from the muzzle;
Muzzleloading shotguns (one or more barrels) not larger than 10 gauge where the projectiles are loaded from the muzzle;
Muzzleloading pistols (one or more barrels) .45 caliber or larger, firing a single projectile or sabot (with a .35 caliber or larger projectile) per barrel where the propellant and projectile are loaded from the muzzle;
Muzzleloading revolvers .44 caliber or larger, firing a single projectile or sabot (with a .35 caliber or larger projectile) per cylinder where the propellant and projectile are loaded from the forward end of the cylinder. Muzzleloading revolvers sold as .44 caliber and designed to shoot a .45 projectile are legal for use in the muzzleloading season.
Flintlock, percussion, or electronic ignitions are permitted.
It shall be unlawful to hunt deer with any firearm other than a muzzleloading gun during the special muzzleloading deer season.
Smokeless powder is allowed in muzzleloading firearms designed for it. Never use smokeless powder in a muzzleloading firearm that is not specifically designed for it.
Scopes are permitted.
For the purposes of transportation in a vehicle, muzzleloading firearms are considered “unloaded” when all powder has been removed from the flashpan, or the percussion cap, primer, or battery has been removed from the firearm.
Pneumatic arrowguns are allowed.
It is unlawful to hunt deer with dogs, except that dogs may be used to track wounded or dead deer (see Hunting with Dogs).
It is lawful to carry archery tackle when and where there is an overlap with a deer archery and deer muzzleloader season.
Muzzleloader Either-Sex Deer Hunting for Incorporated Cities and Towns
Deer of either sex may be taken full season during the muzzleloader seasons within the incorporated limits of any city or town in the Commonwealth that allows muzzleloading deer hunting (except in the cities of Chesapeake, Suffolk, and Virginia Beach) and only with the weapons (archery tackle and/or muzzleloaders) authorized by each individual city or town.
Earn a buck applies to all cities and towns except Chesapeake, Suffolk, and Virginia Beach.
Firearms Deer Seasons
* Denotes Earn a Buck (EAB) County
For private lands and public lands unless otherwise noted in tables below.
(red horizontal lines) November 15 through December 13
In Buchanan County.
Either-sex Deer Hunting Days:
Antlered deer only—no either-sex deer hunting days. Special Youth and Apprentice Antlerless Deer Regulation Applies.
November 15 through December 13
In the counties of Dickenson and Wise.
Either-sex Deer Hunting Days:
November 29
November 15 through December 13
In the counties of Alleghany, Bath, Highland, Rockingham (west of Routes 613 and 731), and Lee.
Either-sex Deer Hunting Days:
November 22, 28, and 29.
November 15 through December 13
In the counties of Henry and Patrick.
Either-sex Deer Hunting Days:
November 22, 29, and December 1 through December 13.
November 15 through December 13
In the counties of Bland, Russell, Scott, and Tazewell.
Either-sex Deer Hunting Days:
November 22 through November 29.
November 15 through December 13
In the counties of Augusta*, Botetourt*, Craig*, Giles*, Grayson*, Rockbridge, Smyth, and Washington.
Either-sex Deer Hunting Days:
November 15 through December 13 (full season)
November 15 through January 3
In the counties of Caroline, King & Queen and King William
Either-sex Deer Hunting Days:
November 22, 29, and December 22 through January 3.
November 15 through January 3
In the counties of Amelia, Cumberland, Gloucester, and Nottoway.
Either-sex Deer Hunting Days:
November 22, 29, and December 6 through January 3.
November 15 through January 3
In the counties of Appomattox, Brunswick, Buckingham, Charlotte, Dinwiddie, Essex, Lunenburg, Mathews, Mecklenburg, Middlesex, and Prince Edward.
Either-sex Deer Hunting Days:
November 22, 29, and December 29 through January 3.
November 15 through January 3
In the counties of Accomack*, Albemarle*, Amherst*, Arlington*, Bedford*, Campbell, Carroll*, Charles City, Chesterfield*, Clarke*, Culpeper*, Fairfax*, Fauquier*, Floyd*, Fluvanna, Franklin*, Frederick*, Goochland, Greene*, Greensville, Halifax, Hanover*, Henrico*, Isle of Wight, James City*, King George, Lancaster, Loudoun, Louisa, Madison*, Montgomery*, Nelson, New Kent, Northampton, Northumberland, Orange*, Page*, Pittsylvania, Powhatan, Prince George*, Prince William*, Pulaski*, Rappahannock*, Richmond, Roanoke*, Rockingham (east of Routes 613 and 731)*, Shenandoah*, Southampton, Spotsylvania*, Stafford*, Suffolk (west of the Dismal Swamp line), Surry, Sussex, Warren*, Westmoreland, Wythe* and York*.
In Arlington County*, City of Hampton*, and City of Richmond* (in the City of Richmond: archery only, no special permit is required for archery deer hunting). Note: Local Ordinances prohibit the discharge of firearms in these three areas (see Local Firearms Ordinances).
In the City of Lynchburg* (on private lands for which a special permit has been issued by the Chief of Police).
In the City of Newport News*: archery only, no special permit is required for archery deer hunting.
In Fairfax County*, firearms hunting is restricted by location and parcel size. Contact the Div. Of Animal Control, 4500 West Ox Road, Fairfax, VA 22030 for details. No parcel size restrictions exist for archery deer hunting.
Either-sex Deer Hunting Days:
November 15 through January 3 (full season).
October 1 through November 30
In the cities of Chesapeake, Suffolk (east of the Dismal Swamp line), and Virginia Beach.
Either-sex Deer Hunting Days:
October 1 through November 30 (full season).
November 15 through January 3
Within the incorporated limits of any city or town in Virginia that allows firearms deer hunting (except in the cities of Chesapeake, Suffolk, and Virginia Beach), but only with the specific weapons authorized by each individual city or town.
Deer of either sex may be taken full season.
Earn a Buck applies to all cities and towns except Chesapeake, Suffolk, and Virginia Beach. See Early and Late Antlerless Only Firearms Deer Seasons. During these seasons only antlerless deer may be taken. Dogs may not be used to hunt deer during these seasons.
Early and Late Antlerless Only Firearms Deer Seasons
During these seasons only antlerless deer may be taken. Dogs may not be used to hunt deer during these seasons.
(◆ Black Diamond) September 6 through October 3 and January 4, 2026 through March 29, 2026
In the counties (including the cities and towns within) of Arlington*, Fairfax*, Loudoun*, Prince William* (except on Department-owned lands), and on private lands in Carroll*, Culpeper*, Clarke*, Fauquier*, Floyd*, Frederick*, Greene*, Hanover*, Henrico*, James City*, Madison*, Montgomery*, Orange*, Page*, Pulaski*, Rappahannock*, Shenandoah*, Warren*, and York* counties.
(◆ Yellow Diamond) September 6 through October 3 and January 4, 2026 through January 31, 2026
On private lands in Bedford* County
Public Land Firearms Deer Seasons and Either-Sex Days
NOTE: Seasons shown in the map above apply to all public lands unless otherwise noted in the tables below.
George Washington and Jefferson National Forest
County Season Dates Either-Sex Days
All counties unless otherwise noted Nov. 15–Nov. 29 Nov. 29
Bland Nov. 15–Nov. 29 Nov. 22, Nov. 28, and Nov. 29
Carroll Nov. 15–Nov. 29 Nov. 22 and Nov. 29
Craig Nov. 15–Nov. 29 Nov. 22, Nov. 28, and Nov. 29
Dickenson Nov. 15–Nov. 29 antlered deer only
Giles Nov. 15–Nov. 29 Nov. 22, Nov. 28, and Nov. 29
Lee Nov. 15–Nov. 29 antlered deer only
Montgomery Nov. 15–Nov. 29 Nov. 22 and Nov. 29
Pulaski Nov. 15–Nov. 29 Nov. 22 and Nov. 29
Scott Nov. 15–Nov. 29 antlered deer only
State Forests, State Parks, and Army Corps Lands
Owner Name Season Dates Either-Sex Days
State Forest Appomattox-Buckingham SF Nov. 15–Jan. 3 Nov. 22 and Nov. 29
State Forest Cumberland SF Nov. 15–Jan. 3 Nov. 22, Nov. 29, and Dec. 6
State Forest Prince Edward SF Nov. 15–Jan. 3 Nov. 22 and Nov. 29
State Forest Channels SF Nov. 15–Nov. 29 Nov. 29
State Forest Big Woods SF Nov. 15–Jan. 3 Nov. 15 through Jan. 3 (full season)
State Parks Grayson Highlands SP Nov. 15–Nov. 29 Nov. 29
State Parks Fairystone SP (designated areas) Nov. 15–Dec. 13 Nov. 22 and Dec. 8–13
State Parks Hungry Mother SP Nov. 15–Nov. 29 Nov. 29
Army Corps Flannagan Reservoir Nov. 15–Nov. 29 antlered deer only
Army Corps Philpott Reservoir Nov. 15–Dec. 13 Nov. 22 and Dec. 8–13
Wildlife Management Areas
Name Season Dates Either-Sex Days
Amelia WMA Nov. 15–Jan. 3 Nov. 22, Nov. 29, and Dec. 22–Jan. 3
Big Survey WMA Nov. 15–Nov. 29 Nov. 22, Nov. 28, and Nov. 29
Big Woods WMA Nov. 15–Jan. 3 Nov. 15 through Jan. 3 (full season)
Briery Creek WMA Nov. 15–Jan. 3 Nov. 22, Nov. 29, and Dec. 29–Jan. 3
C.F. Phelps WMA Nov. 15–Nov. 29 Nov. 22
Cavalier WMA Oct. 1 – Nov. 30 Oct. 11, Oct. 18, and Nov. 18–30
Chickahominy WMA Nov. 15–Jan. 3 antlered deer only, does by quota
Clinch Mountain WMA Nov. 15–Nov. 29 Nov. 29
Crooked Creek WMA Nov. 15–Nov. 29 Nov. 22 and Nov. 29
Dick Cross WMA Nov. 15–Jan. 3 Nov. 22, Nov. 29, and Dec. 29–Jan. 3
Fairystone Farms WMA Nov. 15–Dec. 13 Nov. 22 and Dec. 8–13
Featherfin WMA Nov. 15–Jan. 3 Nov. 22, Nov. 29, and Dec. 6–Jan. 3
Flippo-Gentry WMA Nov. 15–Jan. 3 Nov. 15 through Jan. 3 (full season)
Gathright WMA Nov. 15–Nov. 29 Nov. 29
Goshen WMA Nov. 15–Nov. 29 Nov. 29
Hardware River WMA Nov. 15–Jan. 3 Nov. 22, Nov. 29, and Dec. 22–Jan. 3
Havens WMA Nov. 15–Nov. 29 Nov. 29
Hidden Valley WMA Nov. 15–Nov. 29 Nov. 29
Highland WMA Nov. 15–Nov. 29 Nov. 22, Nov. 28, and Nov. 29
Hog Island WMA Refer to quota hunt Refer to quota hunt
Horsepen Lake WMA Nov. 15–Jan. 3 Nov. 22, Nov. 29, and Dec. 29–Jan. 3
James River WMA Nov. 15–Jan. 3 Nov. 22 and Dec. 29–Jan. 3
Little North Mountain WMA Nov. 15–Nov. 29 Nov. 29
Mattaponi and Mattaponi Bluffs WMA Nov. 15–Jan. 3 Nov. 22, Nov. 29, and Dec. 29–Jan. 3
Merrimac Farm WMA Refer to quota hunt Refer to quota hunt
Oakley Forest WMA Nov. 15–Jan. 3 Nov. 22, Nov. 29, and Dec. 22–Jan. 3
Pettigrew WMA Nov. 15–Jan. 3 Nov. 22, Nov. 29, and Dec. 29–Jan. 3
Powhatan WMA Nov. 15–Jan. 3 Nov. 22, Nov. 29, and Dec. 22–Jan. 3
Princess Anne WMA Refer to quota and managed hunts Refer to quota and managed hunts
Ragged Island WMA Nov. 15–Jan. 3 antlered deer only
Rapidan WMA Nov. 15–Jan. 3 Nov. 22, Nov. 29, and Dec. 22–Jan. 3
Robert W. Duncan WMA Nov. 15–Jan. 3 Nov. 22, Nov. 29, and Dec. 29–Jan. 3
Short Hills WMA Nov. 15–Nov. 29 Nov. 29
Stewarts Creek WMA Nov. 15–Nov. 29 Nov. 22 and Nov. 29
Thompson WMA Nov. 15–Jan. 3 Nov. 22, Nov. 29, and Dec. 22–Jan. 3
Turkeycock WMA Nov. 15–Dec. 13 Nov. 22, Nov. 28, and Dec. 8–13
Tye River WMA Nov. 15–Jan. 3 Nov. 22 and Dec. 29–Jan. 3
White Oak Mountain WMA Nov. 15–Jan. 3 Nov. 22, Nov. 29, and Jan. 1–3
Deer Scents or Lures
It is illegal to possess or use deer scents or lures that contain natural deer urine or other bodily fluids while taking, attempting to take, attracting, or scouting wildlife in Virginia.
Legal Methods and Restrictions During Firearms Deer Seasons
Special restrictions apply to specific firearms use during this season. See Legal Use of Firearms and Local Firearms Ordinances for details.
Modern firearms
Pneumatic arrowguns are allowed
Air rifles must be .35 caliber or larger
Hunters are allowed to use archery tackle or muzzleloading firearms to deer hunt during the firearms deer season with the following conditions:
all hunters are required to comply with the either-sex deer hunting days for the firearms deer season.
use of muzzleloading firearms is allowed only if not otherwise restricted.
muzzleloader deer hunters must wear blaze color during the firearms deer season.
archery deer hunters must wear blaze color during the firearms deer season except when hunting in areas where the discharge of firearms is prohibited.
Dogs May Not Be Used For Deer Hunting
West of the Blue Ridge.
East of the Blue Ridge in Bedford, Fairfax, Franklin, Henry, Loudoun, Northampton, and Patrick counties, and Amherst (west of Rt. 29), Campbell (west of Norfolk Southern Railroad), Nelson (west of Rt. 151), Pittsylvania (west of Norfolk Southern Railroad), and the City of Lynchburg.
On Sunday while hunting with any firearm, bow, crossbow, or any weapon capable of taking a deer.
When hunting during archery and muzzleloading seasons and on the Youth and Apprentice Deer Hunting Weekend.
On many military areas. Check individual Post regulations.
On Amelia, Cavalier, Doe Creek, Featherfin, Mattaponi, Mattaponi Bluffs, Merrimac Farm, Oakley Forest, Flippo-Gentry, Pettigrew, C.F. Phelps, G. Richard Thompson, Robert W. Duncan, Tye River, and Ware Creek Wildlife Management Areas.
November 15 through November 28 in Madison and Greene counties.
During an early or late antlerless-only firearms deer season.
Tracking Dogs
Allowed.
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30 aug 2025 5:10 pm est :
---https://resourcehub.bakermckenzie.com/en/resources/global-corporate-real-estate-guide/asia-pacific/hong-kong/topics/real-estate-law
from google ( hongkong citizenship requirement to own land in hongkong ) result 1
Real Estate Law
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Real Estate Law
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What is included in the term “real estate”?
The term “real estate” is not defined in any Hong Kong statutes or case law. However, “land” has been defined in various statutes to include the following:
Land covered by water
Things attached to land or permanently fastened to anything attached to land
Intangible rights that might exist over the land
In common law, the ownership of a piece of land includes everything that is above the land (eg, buildings) and everything beneath the land. It also includes fixtures – things that become so attached to the land or a building as to form part of the land, unless the contrary intention is expressed.
What laws govern real estate transactions?
Hong Kong real estate transactions are mainly governed by the following:
The Conveyancing and Property Ordinance (Cap. 219), which governs the execution and proof of titles
The Land Registration Ordinance (Cap. 128), which governs the priority of interests in land
Other relevant statutes include the following:
The Landlord and Tenant (Consolidation) Ordinance (Cap. 7)
The Land (Compulsory Sale for Redevelopment) Ordinance (Cap. 545)
The Residential Properties (First-hand Sales) Ordinance (Cap. 621)
Hong Kong is a common law jurisdiction. Therefore, in addition to statutes, decisions by Hong Kong courts represent another major source of law pertaining to real estate transactions.
What is the land registration system?
Hong Kong adopts a system of registration of instruments (deeds) affecting land, not of registration of title to land. Registration does not guarantee title as Hong Kong does not adopt a Torrens system. Registration gives priority to the person holding a prior registered interest over a subsequently registered interest. An unregistered instrument will lose its priority to subsequent buyers or mortgagees for valuable consideration (provided that the subsequent buyer or mortgagee concerned has carried out registration).
Registration is effected by submitting the instrument concerned to the Land Registry together with a memorial in the prescribed form. The memorial describes the property affected and the nature and object of the instrument. A registration fee is payable (between HKD 210 and HKD 2,000 as of April 2023). The land register will be updated to show the registered instrument, which will then be imaged and returned to the lodging party. The Land Registry pledges to complete the process of registration within 15 working days.
Which authority manages the registration of titles?
Instruments affecting land are registered with the Land Registry.
What rights over real property are required to be registered?
Registration is not mandatory in Hong Kong. However, to protect one’s interest in the property, the holder of that interest will almost invariably register the instrument creating or conferring the property interest.
Generally, if an instrument is duly presented for registration within one month after the date of its execution, priority will start from the date of its execution. If an instrument is presented for registration more than one month after the date of its execution, priority will start from the date of its registration instead of the date of execution.
Registrable instruments include deeds, conveyances, judgments and other instruments in writing which affect immovable property.
However, the following documents are not registrable:
Floating charges (except upon crystallization)
Unilateral document by a stranger to the title claiming an interest in a property
Building plan without being attached to any instrument
Wills
In addition, short-term leases (ie, with a term of three years or less) do not have to be registered. Priority will not be affected even if it is not submitted for registration.
What documents can landowners use to prove ownership over real property?
Normally, land owners will have to produce (i) the land grant and those title documents from the intermediate root document (see paragraph below) to the present if the land grant is more than 15 years; or (ii) the land grant and those title documents from the land grant to the present if the land grant is less than 15 years. An intermediate root document must be an assignment, mortgage or charge dealing with the whole estate.
Land owners have to show an unbroken chain of ownership from the land grant or the intermediate root to the present day and that the ownership is free from any encumbrance. The originals or certified copies of all title documents in the chain must be produced. The original has to be produced if the document relates exclusively to the real estate concerned, and a certified true copy will be acceptable if it relates to the real estate concerned as well as to other properties.
Can a title search be conducted online?
Online land search can be conducted by using the Integrated Registration Information System (IRIS) Online Services. Land registers and copies or certified true copies of registered land documents are available upon payment of fees (between HKD 10 and HKD 270 as of April 2023). The following information in relation to a particular property can be obtained from a land register:
Property particulars
Owner particulars
Encumbrances
Deeds pending registration
Can foreigners own real property? Are there nationality restrictions on land ownership?
Generally, foreigners can own immoveable property in Hong Kong and there is no nationality restriction on ownership of immoveable property.
However, since year 2012, government has implemented “Hong Kong Property for Hong Kong People” (HKPHKP) policy which affects
selected residential developments in Hong Kong. Under this policy, government will, at the time of selling selected sites to developers,
add land lease conditions restricting the sale of the flats developed at such sites to Hong Kong permanent residents only.
Such restriction will apply for 30 years from the date on which the site is granted to the developer.
As of April 2023, the HKPHKP policy has only been implemented on 2 residential sites in Kai Tak, Kowloon, Hong Kong.
Can the government expropriate real property?
The government may resume land pursuant to the Lands Resumption Ordinance (Cap. 124). The Chief Executive in Council is empowered by law to resume land for public purposes, but the government must pay compensation in respect of the resumption. Such compensation shall correspond to the real value of the property concerned at the time and paid without undue delay. If the amount of compensation offered is not accepted, the matter can be referred to the Lands Tribunal for determination.
The Town Planning Ordinance (Cap. 131) and the Urban Renewal Authority Ordinance (Cap. 563) empower relevant public officers or statutory/public authorities to make recommendations to the Chief Executive in Council to exercise the power of resumption. The relevant statute provides that a resumption carried out on the recommendation made under the statute will be deemed to be carried out for a public purpose.
Other statutes, eg, the Railways Ordinance (Cap. 519), Roads (Works, Use and Compensation) Ordinance (Cap. 370), Land Acquisition (Possessory Title) Ordinance (Cap. 130), Land Drainage Ordinance (Cap. 446) and Mass Transit Railway (Land Resumption and Related Provisions) Ordinance (Cap. 276), empower the resumption of land.
How can real estate be held?
Under the Basic Law, all land in Hong Kong is state property and the government is responsible for its management, use and development, as well as for its lease or grant to individuals, legal persons or organizations for use and development. Land is usually granted by the government by way of a lease or an agreement for lease in consideration of an upfront land premium. All tenures in Hong Kong are leasehold, except for St. John’s Cathedral, which is held under freehold tenure.
The abovementioned system is essentially a continuation of the system adopted during British rule.
Land was granted for terms of varying duration. Some may run for 999 years, while others may run for 75 years with a right to renew for a further term of 75 years. For land in the New Territories, the lease term could not exceed the term of the lease of the New Territories by China to Britain. As a result, leases that were granted were either 99 years less the last three days from 1 July 1898 (the Crown had a lease reversion of three days), or for 75 years from 1 July 1898, with a right to renew for a further term of 24 years less three days. The New Territories Leases (Extension) Ordinance (Cap. 150) extended leases in the New Territories to 30 June 2047.
After the handover of Hong Kong back to the People’s Republic of China on 1 July 1997, the government has been granting land with terms of 50 years from the date of the land grant.
Subject to the restrictions in the land grant concerned, leasehold interest can be assigned, mortgaged or sublet.
Land parcels are usually granted by public auction (or other competitive processes such as tender) and usually to the bidder who offers the highest land premium or through land exchanges with the government (which will take the form of a surrender of an existing leasehold interest to the government in exchange for the grant by the government of another leasehold interest).
What are the usual structures used in investing in real estate?
Real properties are usually held in the names of individuals or corporate entities.
Before entering into any transaction, the holding structure should be determined after taking professional advice and considering all pertinent factors including tax and convenience of disposal.
In the purchase of a residential property, it is of utmost importance that the person/entity who will be the buyer is determined before entering into any legally binding agreement. Changing the buyer or the holding entity will attract substantial additional stamp duty (with very limited exceptions to this rule). Acquisition of residential properties by companies and non-Hong Kong permanent residents will attract Buyer’s Stamp Duty (BSD) – for further details, please see section below under the heading “What are the costs usually shouldered by the parties?”.
Subject to the above, it is not uncommon for investors of high value real estate to hold real estate in Hong Kong through a holding structure with two layers of companies. The real estate will be held by a Hong Kong-incorporated company. The Hong Kong-incorporated company is usually held by a company incorporated in a tax haven jurisdiction (eg, the British Virgin Islands).
Such a structure has the following advantages:
If the real estate is sold by means of a sale of shares in the Hong Kong-incorporated company, the transaction will attract stamp duty for an amount equal to 0.26% of the consideration paid or the value of the shares being transferred, whichever is higher. Hong Kong stamp duty is not payable if the sale is effected by means of the sale of shares in the non-Hong Kong company.
If the transaction relates to the sale of the real estate and if the real estate is held by a non-Hong Kong entity, then legal opinions relating to the non-Hong Kong entity and other legal formalities will be required. This will result in longer completion time and extra expenses.
A non-Hong Kong company that is a body corporate and has established a place of business in Hong Kong is required to register with the Companies Registry pursuant to Part 16 of the Companies Ordinance (Cap. 622).
How are real estate transactions usually funded?
The acquisition of real estate is usually financed by the buyer’s own funds and by bank loans (if the buyer does not have enough funds or if the buyer wishes to have gearing).
Who usually produces the documentation in real estate transactions?
The first document in the process will normally be a “provisional” or “preliminary” agreement for sale and purchase signed between the seller and the buyer. It is very often the case that the “provisional” or “preliminary” agreement for sale and purchase is signed in the broker’s standard form. Depending on the size of the transaction, it is usual for the parties to engage lawyers only after they have signed a legally binding “provisional” or “preliminary” agreement for sale and purchase.
Normally, the seller’s solicitor will send the draft formal agreement for sale and purchase to the buyer’s solicitor for approval. The terms of the formal agreement may be negotiated between the parties. If a provisional or preliminary agreement for sale and purchase has been signed, the formal agreement for sale and purchase should reflect (and not be inconsistent with) the terms of the provisional or preliminary agreement for sale and purchase. When the terms of the formal agreement for sale and purchase have been agreed, the seller’s solicitor will prepare a clean copy for signing.
In Hong Kong, a developer may sell flats off the plan (ie, before completion of the construction). In such a case, the buyer will face the risk of the developer defaulting in its construction obligation. To protect buyers, land grants that were issued since the 1960s very often contain restrictions on off-the-plan sales, which cannot be carried out without the government’s consent. This regulatory regime is called the Consent Scheme. For land grants without such restrictions, the Law Society of Hong Kong has put in place a separate regulatory regime called the Non-Consent Scheme.
Under the Consent Scheme, the developer’s solicitor will prepare the formal agreement for sale and purchase in the standard form prescribed by the Director of Lands.
Under the Non-Consent Scheme, if the developer and the buyer are jointly represented by the same law firm in the transaction, the developer’s solicitor is required to prepare the formal agreement for sale and purchase containing mandatory provisions to protect buyers.
Under both the Consent Scheme and the Non-Consent Scheme, the formal agreement for sale and purchase requires sale proceeds to be held by the law firm representing the developer as “stakeholders.” The stakeholders may only release funds first for the payment of construction cost and professional fees and the repayment of bank financing granted for the development project.
The Residential Properties (First-hand Sales) Ordinance (Cap. 621), which regulates every stage of the sale and purchase of first-hand residential properties (including sales brochures, price lists, sales arrangements, show flats, viewing of properties before purchase, mandatory terms in agreements, register of transactions, websites and advertisements), has come into full effect on 29 April 2013. The Sales of First-hand Residential Properties Authority is given the power under the ordinance to administer and implement the same. Subject to certain exemptions, the ordinance applies to any residential property situated in Hong Kong in respect of which neither a preliminary agreement for sale and purchase nor a formal agreement for sale and purchase has ever been entered into, and no assignment has ever been made. All sale and purchase of such first-hand residential properties after 29 April 2013, need to strictly comply with the ordinance. There are different offenses under the ordinance, some of which carry a maximum fine of HKD 5 million and imprisonment for a maximum term of seven years.
The assignment, the instrument by which the formal transfer of title is effected, is usually prepared by the buyer’s solicitor.
Can an owner or occupier inherit liability for matters relating to the real estate even if they occurred before the real estate was bought or occupied?
An owner or occupier generally does not inherit third party liability relating to the real estate if such liability arises from any matter which occurred before he/she bought or occupied the real estate.
However, in the case of the ownership of a unit in a multiple-ownership building, this principle seems to be distorted somewhat by the Building Management Ordinance (Cap. 344) (BMO). The BMO provides that if a judgment is given against the incorporated owners (ie, a body with separate legal entity formed under the BMO by incorporating the owners of the building), execution to enforce the judgment may be issued against any owner. An “owner” means an owner for the time being, ie, someone who is the owner at the time of an application for leave for judgment to be enforced against the owners personally, not someone who was an owner at the time the liability was incurred. Therefore, an owner of a property can be liable for damages arising from an event prior to acquiring ownership in the property if the owners of the multiple-ownership building have been incorporated.
When dealing with ownership of a unit in a multiple-ownership building, the following possibilities should also be noted:
If, before the owner acquires the real estate, the Building Authority (the public authority responsible for building safety) has made an order requiring the owners of a multiple-ownership building to carry out any works to the common parts or any soil retaining or other structure for the maintenance of which the owners are responsible under the land grant, but the manager of the building only makes a demand after the acquisition for contribution of funds to carry out such works, the demand will be made to the owners of the building at the time of the demand, not the owners at the time when the order was made.
If there is a deficit in the management accounts before completion of the acquisition, the building manager may determine to demand the owners of the building to contribute towards the deficit or to increase the management fees. If such demand is made after the completion of the acquisition, the buyer will be responsible, not the previous owner.
A buyer will generally be liable for a continuing breach of the deed of mutual covenant (the document governing the rights and obligations of the owners of a multiple-ownership building vis-à-vis the other owners and the building manager) in respect of his/her unit even if the breach started before he/she becomes the owner.
If unauthorized structures exist in the real estate before the acquisition and the real estate was acquired with the unauthorized structures, it is possible for the Building Authority to issue an order, or the building manager to make a demand, for the demolition of the unauthorized structures after the acquisition. In such a case, the demolition order or the demand by the manager will be issued to the buyer, but not the previous owner, who may have been responsible for the erection of the unauthorized structure.
Moreover, failure to settle land premium payable under the land grant, government rent or any continuing breach of the land grant (even if the payment defaults or breaches occur prior to the current owner purchasing the property) is a breach of a covenant of the land grant and will enable the government, as landlord, to re-enter the property. If the seller assigns the property as beneficial owner, an implied covenant that the premiums and government rent have been paid will be incorporated into the assignment. The buyer, therefore, has a contractual right of action against the seller for damages in respect of the breach of this covenant.
In the Hong Kong legal profession, there are well established practices for making enquiries to ascertain the existence of, and resolving issues which may arise from, the abovementioned matters that may result in post-completion liabilities on the part of the buyer.
Does a seller or occupier retain any liabilities relating to the real estate after they have disposed of it?
Under the Conveyancing and Property Ordinance, a person is not bound by covenants that relate to and run with the land, including those contained in the deed of mutual covenant and the land grant, after it has ceased to have an interest in the land, except in respect of breaches committed before it ceased to have an interest.
Where the seller assigns the property as beneficial owner, the Conveyancing and Property Ordinance will imply certain covenants relevant to the title into the assignment, including the covenant that the deed of mutual covenant and the land grant have been observed and performed by the seller. The seller is therefore liable for breach of the covenants in the deed of mutual covenant or the land grant with respect to matters which arose prior to the disposal of the property, as well as for breach of other express or implied covenants in the assignment.
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---https://en.wikipedia.org/wiki/Right_of_abode_in_Hong_Kong
Right of abode in Hong Kong
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Demographics and culture of Hong Kong
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Right of abode in Hong Kong entitles a person to live and work in the territory without any restrictions or conditions of stay. Someone who has that right is a Hong Kong permanent resident. Foreign nationals may acquire the right of abode after meeting a seven-year residency requirement and are given most rights usually associated with citizenship, including the right to vote in regional elections. However, they are not entitled to hold territorial passports or stand for office in some Legislative Council constituencies, unless they also naturalise as Chinese citizens.
As a special administrative region of China, Hong Kong does not have its own nationality law and natural-born residents are generally Chinese citizens. Prior to 1997, the territory was a colony of the United Kingdom and right of abode was tied to British nationality law. Although Hong Kong, mainland China, and Macau constitute a single country, local residents with Chinese citizenship do not have automatic residence rights in either of the other two jurisdictions, which both control immigration separately. Conversely, mainland Chinese and Macanese residents do not automatically have residence or employment rights in Hong Kong.
History
Colonial era policy
See also: British nationality law and Hong Kong and History of Hong Kong
Hong Kong was a British colony from 1842 until its transfer to China in 1997.[1] Accordingly, regulations on local residence rights were closely tied to British nationality law during colonial rule.[2] All British subjects previously had unrestricted access to live and work in any British territory.[3] Parliament gradually restricted this from 1962 to 1971, when subjects originating from outside of the British Islands first had immigration controls imposed on them when entering the United Kingdom.[4] Hong Kong followed suit and imposed greater restrictions on subjects from outside the territory. British subjects born in the colony were given belonger status, to indicate their possession of right of abode in Hong Kong.[5] Nationality law reform in 1981 reclassified the vast majority of Hong Kong belongers as British Dependent Territories citizens (BDTCs).[6][7]
The border between Hong Kong and mainland China was not regulated for over 100 years after establishment of the colony.[8] Border controls did not exist until 1950, after communist victory in the Chinese Civil War.[9] Although the border was guarded, the Hong Kong government was relatively lax in deporting illegal immigrants due to a shortage of unskilled labour within the territory, allowing large numbers of them to register as residents.[10] Still, colonial authorities held almost unlimited discretionary deportation powers over Chinese migrants until 1971, when those resident in the territory for more than seven years were given the right to land. This exempted them from immigration control, though they could still be deported for serious crimes.[11] Immigration became more restricted in 1974 at the start of the Touch Base Policy. Under this system, illegal immigrants captured by law enforcement were immediately deported but those who had managed to reach urban areas of Hong Kong and found housing accommodation were given legal status. This policy ended in 1980, after which all free migration was stopped.[10]
Chinese migrants moving to Hong Kong forfeited their hukou in mainland China and became ineligible for Chinese passports. These individuals were treated as if they were stateless. The colonial government issued Documents of Identity as travel documents to those who could not obtain passports. After seven years of residence, they were issued Certificates of Identity (CIs).[12]
Transitionary arrangements
See also: Sino-British Joint Declaration and Handover of Hong Kong
The British and Chinese governments entered negotiations over the future of Hong Kong in the early 1980s and agreed on the Sino-British Joint Declaration in 1984.[13] The basic principles for the right of abode are set as part of this treaty[14] and further defined in the Hong Kong Basic Law,[15] which encompass the right to land with the added entitlement that a bearer cannot be deported. Belonger status was renamed permanent resident status in 1987, when landed Chinese residents were given the right of abode along with Hong Kong BDTCs.[16] All BDTCs who did not have a connection with a remaining British Dependent Territory other than Hong Kong lost BDTC status on 1 July 1997.[17] Former ethnic Chinese BDTCs became Chinese nationals and could only retain British nationality if they had registered as British Nationals (Overseas) prior to the transfer of sovereignty. Individuals who were not ethnically Chinese, had not registered as BN(O)s, and would have been stateless at that date automatically became British Overseas citizens.[18] Holders of CIs were able to replace them with Hong Kong Special Administrative Region passports after the handover.[19]
Acquisition and loss
See also: Immigration Ordinance and Chinese nationality law
Flowchart to determine Right of Adobe
Becoming a Hong Kong permanent resident has slightly different requirements depending on an individual's nationality. Acquisition by birth operates on a modified jus soli basis; Chinese nationals born in Hong Kong are automatically permanent residents, while foreign nationals must have at least one parent who possesses right of abode.[20] Children born outside of Hong Kong acquire right of abode if they are also Chinese nationals at birth. Chinese nationality is usually conferred by descent to children born abroad, unless the parents have obtained permanent residency in another country or foreign citizenship.[21] However, while Chinese nationals born in mainland China to Hong Kong permanent resident parents do have right of abode, they must first be approved for One-way Permits by mainland authorities before claiming permanent residency.[22] Residents of Macau also do not have automatic right of entry into Hong Kong.[23]
Nonresidents seeking to become permanent residents must be ordinarily resident in Hong Kong for a continuous period of at least seven years before becoming eligible for the status.[24] Ordinarily resident in this context excludes certain classes of people, including central government officials, foreign domestic helpers, and incarcerated individuals.[25] Chinese nationals may qualify using any seven-year residence period, while foreigners are only eligible on the basis of the seven years immediately preceding their applications.[24] Individuals from mainland China seeking to settle in Hong Kong are additionally subject to emigration control by the central government.[26]
Permanent residents who are not Chinese nationals automatically lose the right of abode if they are absent from Hong Kong for more than three years. These individuals are then given the right to land, which also allows them unrestricted access to live and work in the territory.[27] Foreign permanent residents can naturalise as Chinese nationals and become exempt from automatic loss, but are required to renounce their previous nationality on successful application.[28] Children with foreign nationality who were born in Hong Kong and have permanent residency by descent also automatically lose right of abode at age 21 and are given the right to land. They may subsequently reapply for right of abode on the basis of a seven-year residence period.[27] Chinese nationals with right of abode may only be deprived of the status if they lose their Chinese nationality.[29]
Prior to 1997, acquisition of the right of abode was dependent on British nationality. Individuals born overseas to Hong Kong-connected BDTCs also became BDTCs and Hong Kong permanent residents by descent.[30] After the transfer of sovereignty, if these individuals did not also acquire Chinese nationality or return to Hong Kong within three years, they would be nonpermanent residents with the right to land.[27]
Individuals who lost permanent resident status before 1997 can immediately resume the right of abode under limited circumstances. Those who returned to settle in Hong Kong within 18 months after the transfer of sovereignty were automatically regranted the status, while former residents who return after that period can only immediately regain the right of abode if they have not been absent from the territory for any period longer than three years.[31]
Rights and restrictions
See also: Hong Kong identity card and Hong Kong Special Administrative Region passport
Permanent residents have the unrestricted right to live and work in Hong Kong and cannot be deported from the territory, regardless of their nationality.[32] They are required to register for Hong Kong permanent identity cards[33] (as opposed to standard identity cards which are issued to any person admitted to the territory for more than 180 days),[34] eligible for welfare benefits,[35] and able to vote in regional elections.[36] Chinese nationals with territorial right of abode are eligible to hold Hong Kong Special Administrative Region passports, which are different from those issued to mainland residents.[37] Those who additionally do not possess right of abode in foreign countries may stand for office in geographical constituencies of the Legislative Council[38] and can serve as principal officials of the government.[39] A limited number of residents with foreign nationality or right of abode in other countries may be elected to functional constituency seats in the legislature.[40][41]
Hong Kong permanent residents do not have automatic residence or employment rights in mainland China. The central government issues Home Return Permits to residents who are Chinese citizens for travel purposes[42] and Residence Permits if they intend to reside or work in the mainland for longer than six months.[43] Hong Kong permanent residents are also subject to immigration controls in Macau, and must obtain residence permits if living there for more than one year.[44]
Legal challenges to eligibility requirements
The eligibility criteria for right of abode has been a contentious issue and repeatedly challenged in court since the transfer of sovereignty. Because constitutional issues require central government review,[45] litigation on right of abode issues has highlighted conflicting differences between the legal systems of the territory and mainland[46] and xenophobic sentiment among local residents.[47]
Children born in mainland China
In 1999, the Court of Final Appeal (CFA) issued two judgements that granted right of abode in Hong Kong to children born in mainland China with at least one parent who had the right of abode,[48] including those whose parents had become a permanent resident after the time of birth.[49][50] The regional government expected that 1.67 million new immigrants from the mainland would seek to acquire the right of abode on these terms over the next decade,[51] and projected that Hong Kong would not be able to absorb such a sudden population increase.[52] Although the CFA is the highest territorial court, the Court clarified that its authority to interpret the Basic Law derives from the Standing Committee of the National People's Congress (NPCSC).[50] The government subsequently asked the Standing Committee to provide a new interpretation of Basic Law Article 24, which defines right of abode eligibility, and Article 22, which stipulates that people from other parts of China are required to seek central government approval before entering Hong Kong.[52] The NPCSC duly issued an interpretation that reinforced requirements for mainland exit procedures and restricted eligibility for right of abode to the criteria as it was before the CFA rulings.[53] The CFA confirmed its effect in local law in Lau Kong Yung v Director of Immigration.[54]
While the interpretation resolved the immediate immigration crisis, the constitutionality and legality of bypassing the Court of Final Appeal was widely debated. Many legislators, especially the pro-democracy camp,[52] and the Hong Kong Bar Association believed that amending the Basic Law would have been the appropriate course of remedy.[55] They argued that arbitrary NPCSC interpretations without formal requests for them from the CFA would weaken the principle of "one country, two systems", damage the rule of law, and erode the authority of the CFA as the territory's final appellate court.[53] Although constitutional judicial review is routine in common law systems, Beijing viewed the process as a limit to its authority as the sovereign power and preferred more flexible interpretation of the law.[56] Additionally, the regional government believed that revising the Basic Law would delay resolving the issue for too long since amendments require review by the entire National People's Congress, which only meets once each spring.[52]
Children of mainland visitors
The Court of Final Appeal issued a further ruling in 2001 that all Chinese nationals born in Hong Kong would have right of abode in the region, even if neither parent was a permanent resident.[57] This change directly led to a growing trend of birth tourism; increasing numbers of expectant mothers from the mainland entered Hong Kong to give birth with the express purpose of exploiting the healthcare system and giving their children permanent residency in the territory.[47] Overcrowding in hospital maternity wards became a major factor in contributing to growing consternation among residents and the emergence of a hostile environment against mainland tourists.[58]
Foreign domestic helpers
Foreign domestic helpers (FDHs), live-in female household workers mostly from the Philippines or Indonesia, constitute the largest non-Chinese minority group in Hong Kong.[59] They are not considered ordinarily resident in the territory and cannot claim permanent residency.[60] Racial tension between these workers and local residents,[61] pervasive perceptions of FDHs as being lower class,[62] and a general public unwillingness to integrate them[61] led some FDHs to more actively protest their disadvantaged legal status.[63] However, in 2013, the Court of Final Appeal upheld existing government exclusion of FDHs from right of abode eligibility in Vallejos v Commissioner of Registration.[64][65] A majority of Hongkongers did not support the extension of residency rights to this minority group, fearing an increase in government spending to accommodate them.[65] The current regulatory environment for FDHs, including the lack of access to right of abode,[66] continues to be criticised for making this class of minorities particularly vulnerable to domestic exploitation and abuse.[67][68]
See also
flagHong Kong portal
Hukou
Right of abode in Macau
Right of abode in the United Kingdom
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---https://www.pacificprime.hk/blog/your-guide-to-buying-a-property-in-hong-kong/
from google ( hongkong citizenship requirement to own land in hongkong ) result 2 -> ppl also ask -> Can foreigner own land in Hong Kong?
Your guide to buying a property in Hong Kong
Buying a property in Hong Kong is an expensive affair. However, that has never stopped certain expats and locals from wanting to buy property in the city. For those who plan to stay in Hong Kong for a long time, buying a domestic property or home could be a good move. Especially in 2022, because home prices have been falling consistently since 2020. According to CNBC, Hong Kong’s home price index for October fell 2.4% to 352.4 compared to the previous month, marking the lowest level since November 2017.
This Pacific Prime Hong Kong article will go over all the steps involved in securing a property in the city.
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How to buy a property in Hong Kong?
Buying a property in Hong Kong is similar to any other country, but here are some key steps you need to know about:
You need to complete the mortgage pre-assessment report in order to understand your affordability and calculate your budget.
Start house hunting; you can reach out to property agents in the city for help in finalizing your choice of property.
Sign the preliminary purchase agreement and place your deposit.
Apply for a mortgage.
Finish legal documentation, and pay stamp duty and the additional deposit. Note that you will need a solicitor to help with this process.
Wait for your mortgage to get approved and complete the transaction.
How much can you borrow?
If you are wondering, “how much mortgage can I borrow in Hong Kong” you are not alone. Locals and expats wonder how much mortgage they can borrow, and here’s your answer: if you are a permanent resident buying your first and only property, you could borrow up to 90% of the purchase price. This is a combination of bank and insurance from the Hong Kong Mortage Corporation (HKMC).
The bank and HKMC will analyze your earnings, net worth, and expenses and have a transparent but strict eligibility criterion.
What is mortgage insurance?
In Hong Kong, banks pay up to 60% of the cost, and The HKMC determines whether an additional 30% is possible, given that you will pay insurance on this. This might sound overwhelming, but the HKMC website is user-friendly and will help you understand the process of getting a mortgage and how much it will be possible for you to borrow.
When do you pay?
So, now that you know how much mortgage you are eligible for, you can find a house in Hong Kong within that budget and get your mortgage approved. The next step would be to pay your share of 10%, which includes 5% of the purchase price; another 5% will be due once you sign the full sales contract, and the rest will be taken care of by the bank and HKMC. Note that if you are a Permanent Resident, you must pay 3.7% of the total Stamp Duty.
Can foreigners buy properties in Hong Kong?
Yes, Hong Kong allows foreigners or expats (except a few nationalities) to buy properties in Hong Kong and rent them out without restrictions. However, the cost of stamp duty will be much higher when compared to what permanent residents pay. Foreigners have to pay a whopping 30% of the total Stamp Duty.
Other costs and fees
You will need a solicitor to represent you. Your agent might know one, but it’s a good idea to look for one on your own. Moreover, your agent will take 1% (of the total house price) from you and 1% from the seller, which will be due on completion.
Be aware of the renovation costs and budget enough money so that no surprise costs come your way. You will also need property and casualty insurance for unforeseen situations, and a seasoned insurance brokerage like Pacific Prime Hong Kong can hook you up with a comprehensive plan.
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About Pacific Prime Hong Kong
From property and casualty insurance to family health insurance, Pacific Prime is a one-stop shop for all your insurance needs. With over 20 years of experience in the insurance industry, Pacific Prime works with insurers to find a plan that meets both your requirements and budget. So, let Pacific Prime find the right home insurance plan for you while you sort out the colors and curtains for your new home.
Get in touch with Pacific Prime Hong Kong today for a FREE quote.
Related posts:
Mercury Poisoning in Hong Kong: What to watch out for
7 ways to celebrate Valentine’s Day in Hong Kong in 2022
Home Insurance in Hong Kong: A guide
Author Recent Posts
Lakshmi Chirumamilla
Lakshmi is an experienced writer with a passion for insurance trends and economics. She has been writing professionally for the past 6 years. Lakshmi has worked on numerous in-depth reports analyzing various insurance trends and providing valuable insights for readers.
Since joining Pacific Prime, Lakshmi has gained a comprehensive understanding of different kinds of health insurance and their importance in people's lives. Her expertise in this area has allowed her to produce informative and engaging content that helps individuals make informed decisions regarding their health insurance.
Lakshmi's clear, concise, and engaging writing style makes complex insurance concepts accessible to readers of all levels and also adheres to Pacific Prime’s motto: - “Simplifying Insurance.”
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---https://www.hg.org/legal-articles/right-of-abode-vs-right-to-land-in-hong-kong-53676
from google ( hongkong citizenship requirement to own land in hongkong ) result 2
Right of Abode vs. Right to Land in Hong Kong
Law Firm in Hong Kong: Hugill & Ip Solicitors
One of the most frequently asked questions related to Hong Kong’s immigration laws is the difference between and meaning of the Right of Abode and the Right to Land. As the differences between the two statuses are not obvious on their face, those thinking about immigrating to Hong Kong should understand the rights afforded by each status before starting the visa application process.
Differences Between the Two Rights
Under the Hong Kong Immigration Ordinance (Cap. 115), the Right of Abode is afforded to those who are permanent residents of Hong Kong. Those with the Right of Abode enjoy the right to land in Hong Kong, to be free from any condition of stay, and cannot be deported and/or removed from Hong Kong. In addition to these rights, those with the Right of Abode can vote and stand for elections and are not required to pay the Buyer’s Stamp Duty when acquiring property in Hong Kong – rights not afforded to those with only the Right to Land.
While somewhat similar to the Right of Abode, the rights afforded by the Right to Land are not on the same level as those available with
the Right of Abode. For example, those who only have the Right to Land do not enjoy the same political rights and access to government benefits as those with the Right of Abode. Also, unlike the Right of Abode, those with only the Right to Land can be deported from Hong Kong if they have been convicted of a crime that is punishable by 2 or more years’ imprisonment.
Issues Involving Children
Children automatically acquire the Right of Abode if they are (1) born in Hong Kong to permanent resident parents; or (2) Chinese nationals born in Hong Kong to one permanent resident parent; or (3) Chinese nationals born in Hong Kong to Chinese national parents – both of whom are not Hong Kong permanent residents. In such circumstances, the Right of Abode is automatically granted to them when they are born. Those who don’t fall into one of these categories can still apply for the Right of Abode, in other words, for the right to become a permanent resident, if they can demonstrate they have resided in Hong Kong for at least 7 continuous years. However, there are different rules that apply to this 7 year residency requirement depending on whether you are a Chinese national.
How to Qualify for the Right of Abode?
Chinese nationals are qualified to apply for the Right of Abode if they can show they have ordinarily resided in Hong Kong for a continuous period of at least 7 years before or after the establishment of the HKSAR. On the other hand, non-Chinese nationals are required to have ordinarily resided in the territory for a continuous period of at least 7 years immediately before the date when they apply to the Director of Immigration for the Right of Abode status under this category.
Could You Lose Your Right of Abode?
A person is considered to have ordinary residence in Hong Kong if they remain in Hong Kong legally, voluntarily and for a settled purpose (such as for education, employment or residence), whether of short or long duration. That status does not change even if they are temporarily absent from Hong Kong. Particularly noteworthy is the fact that domestic helpers and contract workers who originate from overseas but who are residing and working in Hong Kong under the government importation of labour scheme are not treated as having ordinary residence in Hong Kong.
Furthermore, only non-Chinese nationals will lose their Right of Abode if they have remained absent from Hong Kong for a continuous period of at least 36 months. In such circumstances, their Right of Abode will be automatically downgraded to the Right to Land.
By Hugill & Ip Solicitors, China
Law Firm Website: https://www.hugillandip.com
Call +852 2861 1511
ABOUT THE AUTHOR: Matthew Love
Matthew is a foreign legal consultant, with a focus on alternative dispute resolution, employment, and family law matters.
Copyright Hugill & Ip Solicitors
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---https://www.immd.gov.hk/eng/services/roa/eligible.html
from google ( hongkong citizenship requirement to own land in hongkong ) result 3
Eligibility for the Right of Abode in the HKSAR
Under the Immigration Ordinance, six categories of people are eligible to enjoy the right of abode in the Hong Kong Special Administrative Region (HKSAR). Besides, a person fulfills the transitional arrangement under the same Ordinance is also eligible to enjoy the right of abode. This page provides information about who belongs to these categories, the transitional arrangements and where to go for further information.
Categories of Eligibility
Under the Immigration Ordinance, if a person belongs to one of the following categories, he/she is a permanent resident of the HKSAR and enjoys the right of abode.
Chinese Citizens
(a) A Chinese citizen born in Hong Kong before or after the establishment of the HKSAR.
(b) A Chinese citizen who has ordinarily resided in Hong Kong for a continuous period of not less than seven years before or after the establishment of the HKSAR.
(c) A person of Chinese nationality born outside Hong Kong before or after the establishment of the HKSAR to a parent who, at the time of birth of that person, was a Chinese citizen falling within category (a) or (b).
The person’s right of abode by virtue of being a permanent resident of the HKSAR under category (c) can only be exercised upon the establishment of his/her status as a permanent resident by holding :
a valid travel document issued to him/her and a valid Certificate of Entitlement also issued to him/her and affixed to the travel document;
a valid HKSAR passport issued to him/her; or
a valid permanent identity card issued to him/her.
Non-Chinese Citizens
(d) A person not of Chinese nationality who has entered Hong Kong with a valid travel document, has ordinarily resided in Hong Kong for a continuous period of not less than seven years and has taken Hong Kong as his/her place of permanent residence before or after the establishment of the HKSAR.
The continuous period of seven years ordinary residence must be immediately before the date when the person applies to the Director of Immigration for the status of a permanent resident of the HKSAR under this category.
The person is required to make a declaration in the form the Director of Immigration stipulates that he/she has taken Hong Kong as his/her place of permanent residence. If the person is under 21 years of age, the declaration must be made by a parent or legal guardian. For this purpose, the person will have to furnish information to satisfy the Director of Immigration that he/she has taken Hong Kong as a place of permanent residence. The information may include whether he/she has habitual residence in Hong Kong, whether the principal members of the person’s family (spouse and minor children) are in Hong Kong, whether the person has a reasonable means of income to support himself/herself and his/her family and whether he/she has paid taxes in accordance with the law.
Please note that a person claiming to have the status of a permanent resident of the HKSAR under this category does not have that status until he/she has applied to the Director of Immigration and the application has been approved.
(e) A person under 21 years of age born in Hong Kong to a parent who is a permanent resident of the HKSAR in category (d) before or after the establishment of the HKSAR if at the time of his/her birth or at any later time before he/she attains 21 years of age, one parent has the right of abode in Hong Kong.
Please note that on attaining 21 years of age, the person ceases to be a permanent resident of the HKSAR under this category. He/She may, however, apply to the Director of Immigration for the status of a permanent resident of the HKSAR under category (d).
(f) A person other than those in categories (a) to (e), who, before the establishment of the HKSAR, had the right of abode in Hong Kong only.
The person is required to furnish information that the Director of Immigration may reasonably require to determine whether he/she had the right of abode only in Hong Kong immediately before the establishment of the HKSAR.
The person is required to make a declaration that he/she had the right of abode only in Hong Kong immediately before the establishment of the HKSAR.
If the person is under the age of 21 years, the declaration must be made by one parent or a legal guardian.
A person under 21 years of age born in Hong Kong on or after 1 July 1997 to a parent who is a permanent resident of the HKSAR under this category at the time of the birth of the person is taken to have the status of a permanent resident of the HKSAR if the person has, but for this provision, no right of abode in any place including Hong Kong.
Please note that on attaining 21 years of age, the person ceases to be a permanent resident of the HKSAR under this category. He/She may, however, apply to the Director of Immigration for the status of a permanent resident of the HKSAR under category (d).
The meanings of the terms Chinese citizen’, settled and ordinary residence are available through the following link.
Meanings of right of abode and other terms
A flowchart illustrating eligibility for the right of abode in the HKSAR can be accessed through the following link:
Eligibility for the right of abode in the HKSAR
Transitional Arrangements
Chinese Citizens
A Chinese citizen who was a Hong Kong permanent resident immediately before 1 July 1997 under the Immigration Ordinance as then in force will, as from 1 July 1997, be a permanent resident of the HKSAR as long as he or she remains a Chinese citizen.
Non-Chinese Citizens
A person who is not of Chinese nationality and who was a permanent resident of Hong Kong before 1 July 1997 is a permanent resident of the HKSAR under category (d) above and exempt from the requirements under the second and third points in category (d) if:
The person was settled in Hong Kong immediately before 1 July 1997;
After he/she ceased to be settled in Hong Kong immediately before 1 July 1997, the person returned to settle in Hong Kong within the period of 18 months commencing on 1 July 1997; or
After he/she ceased to be settled in Hong Kong immediately before 1 July 1997, the person returned to settle in Hong Kong after the period of 18 months commencing on 1 July 1997, but only if he/she has been absent from Hong Kong for a continuous period of less than 36 months.
A flowchart explaining the transitional arrangements can be accessed through the following link.
Transitional arrangements
Related Issues
The following links will provide further information about eligibility for the right of abode in certain circumstances, including what a person will need to do to prove his/her eligibility, and what happens if he/she loses the right of abode in the HKSAR.
Chinese Citizens:
The position of Chinese citizens without foreign passports
The position of Hong Kong residents (including former residents) of Chinese nationality who were permanent residents immediately before 1 July 1997 and hold foreign passports
Non-Chinese Citizens:
The position of non-Chinese citizens
The persons of non-Chinese nationality who had the right of abode in Hong Kong only before the establishment of the HKSAR
Loss of Right of Abode:
Loss of Hong Kong permanent resident status
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---https://hk.usconsulate.gov/u-s-citizen-services/local-resources-of-u-s-citizens/living-hong-kong/permanent-residence/
from google ( hongkong citizenship requirement to own land in hongkong ) result 10
Obtaining Permanent Residence in Hong Kong
Home | U.S. Citizen Services | Additional Resources for U.S. Citizens | Living in Hong Kong | Obtaining Permanent Residence in Hong Kong
American Citizens who have lived in Hong Kong for more than seven years are eligible to apply for Permanent Residence in Hong Kong. American Citizens do not need to renounce their U.S. citizenship to obtain Permanent Residence.
American Citizens can apply for Permanent Residence through the Hong Kong Immigration Department.
For further information, please see “Eligibility for the Right of Abode in the HKSAR” on the Hong Kong Immigration Department’s website.
Last modified: November 29, 2016
Contact Us
U.S. Consulate General Hong Kong & Macau
26 Garden Road
Central, Hong Kong
Tel:
2841-2211(office hours)
2523-9011(after office hours)
Fax: (852) 2845-4845
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---https://www.multilaw.com/Multilaw/RealEstate/Real_Estate_Guide_Taiwan.aspx
from google ( taiwan citizenship requirement to own land in taiwan ) result 1
Taiwan
Lee And Li, Attorneys-At‑Law
1
Restrictions
Can anyone (including foreigners) own and occupy real estate in your jurisdiction (including shares in property owning companies)? Are there any restrictions?
Yes, foreigners (except for nationals and companies of the People's Republic of China which are subject to specific restrictions)
are allowed to own real estate and to hold shares in property-owning companies, subject to the relevant government approvals.
approval for a foreigner to obtain the title of real estate in Taiwan is generally granted on a reciprocal basis.
In addition, a foreign company cannot own real estate in Taiwan unless it is duly registered in Taiwan.
Generally speaking, no special government approval is required for a foreigner to occupy real estate in Taiwan.
Are there restrictions on lending for the purchase of real estate by foreign companies? If so briefly give an outline?
No restrictions are specifically imposed on foreign companies. Under the Regulations Governing Home Mortgage Loans
for High-Value Housing Extended by Financial Institutions, a loan-to-value (LTV) ratio applies to high-value housing loans only.
The term “high-value housing” refers to (1) property in Taipei City valued at NT$70 million (approx. US$2.33 million) or more;
(2) property in New Taipei City valued at NT$60 million (approx. US$2 million) or more; or (3) property located elsewhere in
Taiwan valued at NT$40 million (approx. US$1.33 million) or more.
2
Taxes
Buying
Please provide a short summary of the fees and costs (including tax) relating to buying real estate in your jurisdiction.
While the seller will bear the land value increment tax levied on the land and the value added tax (VAT) levied on the building, the buyer will bear the deed tax levied on the building and the stamp duties. In practice, government registration fee (for the registration of the title transfer) and the fees for issuance of title deeds will also be payable by the buyer. It is common for buyers to engage legal, financial and/or technical advisors to conduct due diligence. In addition, a scrivener is usually engaged to handle tax and title transfer related applications (including actual purchase price registration). If the buyer and seller have an escrow arrangement, an escrow fee will also be payable.
Owning
Are there taxes applicable to owning real estate and can the burden of the taxes be passed to someone else (e.g. a tenant or an occupier - not being the owner)?
A land or building owner must pay land value tax or house tax. The burden of such taxes can be passed onto a person other than the owner via contractual arrangements, even though the owner remains the statutory taxpayer.
Tax Breaks
Are there tax breaks or other incentives for foreigners to buy real estate in your jurisdiction? If so what are they?
No.
3
Title of Real Estate
How is the ownership of Real Estate evidenced in your jurisdiction?
The ownership of real estate is evidenced by the registration thereof with the land office. Any change in the ownership of real estate in Taiwan will not take effect until the change is registered with the land office; a buyer will not become the legal owner of the real estate until the registration with the land office is completed.
Is it possible to keep the identity of owners of real estate confidential in your jurisdiction?
Taiwan has a public search system which allows anyone to search for the owner(s) of a particular land or building by paying a small fee. However, due to the restrictions prescribed under the Personal Data Protection Act, the name of any individual owner of real estate will be partially redacted, and thus the full name of an individual owner will not be shown on the registration transcript (i.e., the document showing the public search result).
Search by:
Need more information?
Contact a member firm:
Yi-Jiun Su
Lee And Li, Attorneys-At‑Law
Taipei, Taiwan
Disclaimer:
The information in this guide provides a general overview at the time of publication and is not intended to be a comprehensive review of all legal developments nor should it be taken as opinion or legal advice on the matters covered. It is for general information purposes only and readers should take legal advice from a Multilaw member firm.
Publication Date : November 2020
Multilaw
125 Wood Street
London, EC2V 7AW
United Kingdom
Map
+44 (0)20 7726 2211
info@multilaw.com
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---https://www.foreignersintaiwan.com/blog-370963385326684/buying-a-house-in-taiwan-faq
from google ( taiwan citizenship requirement to own land in taiwan ) result 2 -> ppl also ask -> Can a US citizen own land in Taiwan?
Blog Posts
Buying a house in Taiwan FAQ 在台灣買房屋常見問題
7/31/2023
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Buying a house in Taiwan can be confusing and stressful. It is one of the most important decisions you will make in your life. To even consider buying a house in Taiwan, you have probably lived here for years, so many of the things I will mention in this blog may not be new to you.
I have spent quite a few years looking for houses and saving money for a down payment, as well as figuring out all the costs and other factors involved in purchasing the right house. Also, I recently just bought a house in Taipei in 2021. I have created this guide and FAQ to help people understand the buying process, finding the right house, and saving the right amount of money needed to make a move.
For our blog covering our actual experience buying a house, see this blog here.
For our blog covering our actual experience renovating a house, see this blog here.
The following is my personal insight as an American looking for houses mainly near Taipei City.
Tips when looking for a house to buy:
Legal Issues:
Make sure your country has a reciprocal real estate purchasing agreement with Taiwan. Otherwise, you cannot purchase real estate in Taiwan. Please also note that certain states in the USA do not have such agreements in Taiwan, so you also have to prove your state of residence if you are a US citizen.
Finances:
Find a good bank (找一個好的銀行): Trying to convince an overseas bank to give you a loan for a house in Taiwan is near impossible, so you will probably have to turn to a local bank. If you already work in Taiwan, which you probably do, you can first turn to the bank that remits your salary every month, because they will have your financial records already. Taiwan does not really have a credit system, they just rely on your salary amount, current debts, and tax returns. The high down payment rates reduces risk for the banks. Every banks interest rates and policies for foreigners are different, so you might want to compare banks if you think you are getting a bad deal on a loan. You can see a comparison of loan rates on 591.com. Also, be sure to have the bank run an appraisal of the house you want to buy before you buy it, as well as a plumber or electrocution, this can also serve as a bargaining chip for price negotiations.
Learn about loans (貸款):
Foreigners can take out loans as long as your country has a reciprocal agreement with Taiwan, and if you can prove salary. The loan rates are basically the same as locals if you are a Taiwan resident.
For houses over 35 years, these usually require a down payment higher than 20%
For houses below 35 years, these usually require around a 20% down payment or lower
Interest rates for buying your first residential house currently are about 1.3%-1.5%. For your second house onwards, the interest rate is about 1.4-1.8%.
Know the compound interest rate payment on a 30 year loan, you can do a sample loan calculation on 591.com here: https://mortgage.591.com.tw/calculator
Sometimes banks will let you take out an additional credit loan if you do not have enough money for the down payment or for renovations, but the interest rates for these loans are a little higher (1.8% - 2%).
Sometimes construction companies for new houses will offer a small loan with no interest to be paid back in a short amount of time.
Certain house types cannot use loans (無法貸款的房屋):
There are certain house types that you cannot take a loan on, which is why they are usually cheaper. Unless you have tons of cash, you won't be able to buy one, so don't bother.
Top floor illegal structures (頂樓加蓋)
Certain rights are missing, such as there are usage rights but no ownership rights (有使用權，沒有土地權) and vice versa. This is a complicated part of real estate in Taiwan, just avoid these kinds of houses.
Industrial residences (工業住宅): These are houses built in an industrial zone. You may be able to take out a loan but the down payment may be a lot higher. However this is not the rule, some banks don't care about this.
Be aware of taxes (稅):
Deed tax (契稅): 6% of the building value, assessed by the local authorities (lower than actual price), paid by the buyer at the time the contract is signed. This should only cost a few thousand NT.
Stamp tax (印花稅): 0.1% of the contract value, paid half and half between the buyer and seller at the time the contract is signed.
House tax (房屋稅): Annual house tax (房屋稅) which is only 1.2% if the house is your own residence, based on annual assessment. If you have a really old house, this may be waved. At the end of the day this will only cost a few thousand NT. You can do a sample calculation here: https://www.services.tpctax.gov.taipei/ihCalwithfunctions/
Land value increment tax (土地增值稅): This is irrelevant for buying a house. But when you sell the house there is a land value increment tax (土地增值稅) which is only 10% if the house is registered as residence for your own use, based on annual assessment. You can do a sample calculation here: www.etax.nat.gov.tw/etwmain/front/ETW158W9
Inheritance tax (遺傳稅): Again this is irrelevant to buying a house. But if a house is inherited, the tax rate ranges from 10-20%.
Tax deductions are available for mortgage interest payments in your personal income tax return, under itemized deductions. When selling a house, you may also deduct depreciation and maintenance costs which for which there was a GUI invoice issued and 5% VAT paid. If you own a house for six years or more then there is an automatic deduction for maintenance costs of 4 million NT, no need to prove this using invoices.
Selling a house: income earned from selling a house is subject to capital gains tax which is much lower if you are a tax resident in Taiwan and have owned the house for 6 years or longer and registered as your own house for personal use with the tax office.
Other Fees 其他費用:
Real estate agent fee (中介費): 1-2% from the buyer and 3-8% from the seller. Finding a good real estate agent can save you time, money, and hassle.
Change of ownership fees (過戶費/代書費用): 20,000-50,000 NT
Remodeling costs (裝潢費): 300,000 - 2,000,000 NT depending on the state of the house.
Parking space, rented or bought with the price of the house (停車費): In Taipei spaces are for sure over 1 million NT, or can be rented for 3000-5000 NT per month. This would be much cheaper down south.
Estimated fees and taxes for buying a 25 year old 9,000,000 NT house (conservative calculation for reference):
Down payment: 30% (2,700,000 NT), which is paid for once off by the buyer and taken care of by the seller, and includes but is not limited to the following costs and process that take 30-45 days to complete:
Earnest money (定金) (5-15%, 450,000-135,000 NT), part of total fees
Deed tax (契稅) (6% of the assessed value of the building)
Contract payment (簽約) (around 10% depending on earnest money, 900,000), part of total fees
Stamp tax (印花稅): (0.1% 9,000 NT)
Notarization fees (公證費): (0.1% 9,000 NT)
The above costs are covered in the down payment fee and any residual amount of the 30% down payment is paid up front to the seller.
Loan amount 70% (6,300,000)
Additional legal Fees for change of ownership and registration (代書費): Around 20,000-40,000 NT
Additional real estate agent fee (中介費): 2% (180,000 NT)
Renovation, moving, and furniture: around 300,000-1,000,000 NT
Optional parking space in Taipei: 1,500,000 NT
Total cost: 9,428,000 - 11,648,000 NT
Total cash needed up front: 3,200,000-3,920,000 NT
Just so you know, in addition to the down payment, you need about at least 400,000 NT for other expenses related to buying the house before you can move in comfortably. This will be less if it is a new house.
Estimated fees and taxes for buying a new 9,000,000 NT house (conservative calculation):
Down payment: 20% (1,800,000 NT), which is paid for once off by the buyer and taken care of by the seller, and includes but is not limited to the following costs and process that take 30-45 days to complete:
Earnest money (定金) (5-15%, 450,000-135,000 NT), part of total fees and taxes
Deed tax (契稅) (6% of the assessed value of the building)
Contract payment (簽約) (around 10% depending on earnest money, 900,000), part of total fees.
Stamp tax (印花稅): (0.1% 9,000 NT)
Notarization fees (公證費): (0.1% 9,000 NT)
The above costs are covered in the down payment fee and any residual amount of the 20% down payment is paid up front to the seller.
Loan amount 80% (7,200,000)
Additional legal Fees for change of ownership and registration (代書費): Around 20,000-40,000 NT
Renovation, moving, and furniture: around 100,000-500,000 NT
Optional parking space in Taipei: 1,500,000 NT
Total cost: 9,120,000 - 11,040,000 NT
Total cash needed up front: 2,120,000-2,540,000 NT
Just so you know, in addition to the down payment, you need about at least 400,000 NT for other expenses related to buying the house before you can move in comfortably. This will be less if it is a new house.
As you can see, a new house with the same list price is going to cost you less cash up front than an older house.
Estimated interest payment for buying a 25 year old 9,000,000 NT house with 30% down payment (1.19% interest rate):
30 year loan: 1,119,000 NT in total interest (roughly 20,818 NT per month)
20 year loan: 780,000 NT in total interest (roughly 29,510 NT per month)
15 year loan: 580,000 NT in total interest (roughly 38,234 NT per month)
Social Aspects:
Take a friend (帶一個朋友), preferably a family member or spouse, or someone that can speak Chinese. Getting a second opinion is never a bad idea in these situations.
Find a good realtor (找到一個好的中介): Finding a realtor can be important to buying a house, because most sellers only sell through a certain realtor. The realtor can help you find the right house for you, and negotiate a fair price with the seller. Find someone that understands what you want and actively tries to help you find a suitable house. Some more expensive realtors offer insurance for older houses for free as part of their fees.
Be wary of your future neighbors (鄰居): this is also one of the major reasons people end up moving, but it will be really hard to move once you have purchased a house, so do some research on what kind of neighbors you have. Some neighbors are really bad. Look out for neighbors that collect garbage/recycling items, are loud, unfriendly, or look dirty or shady in general. Ask around to see what kind of people live on your floor or in your building (or take a Chinese speaking friend to ask for you). If you live with many people on the same level separated by thin walls, this means you will hear lots of noise from them. Some of your neighbors may have weird habits like watching TV in the communal living room with no clothes on. Get as much info on the future neighbors as possible. Also in Taiwan, don't expect your neighbors to give you a welcome with a plate of cookies. Neighbors usually talk to each other very little if at all. If someone lives below, make some noise like stomping your foot while you are there and see if the neighbors come up and complain. Seriously.
Living with children (小孩): If you plan to live with small children, or plan to have children in the near future, it would be good to find a place close to schools and parks (good schools and fun parks). Most public schools in Taiwan do not offer transportation, so in order for your kid to get to and from school they will have to walk or take public transport. If these aren't available, you will have to drop off and pick up your kid every day! You can find many high rises within walking distance to elementary schools and decent parks. Also being close to convenient public transportation would be good if your older kids plan to go to school on their own.
Utilities:
Beware of natural gas cans (桶裝瓦斯) these suck. They will run out of gas on you in the middle of winter, so you have to take cold showers whenever they run out. In my experience two people can go through a can a month. They are also more expensive because old men on motorcycles have to deliver them by hand to your house.
Go with piped propane/natural gas (天然瓦斯); this will save you money and headaches. Some old apartments in Taiwan do not have access to natural gas pipelines. Setting up a gas pipeline could cost up to 2 million NT. If there is already a pipeline in place, setting it up in your house will only be about 20,000-60,000 NT. Another option is to install an electric water heater, but this will be more expensive than using gas.
Beware of bad electric wiring (電路可能需要換). Houses above 20 years old may need to redo the electric wiring in the house. If not, it could be a major fire hazard and headache in the future. This could be 300,000-500,000 NT for a three bedroom apartment.
Internet/TV: Internet and TV bundles are often sold for about 1000 NT per month. You may not want to watch Taiwanese TV, or maybe you want it for the overseas sports channels. If you don't want TV and want a cheap solution, use your phone's internet or a SIM card with unlimited internet (about 400 NT per month) and connect it to a WiFi dongle. However if you need super fast internet you will likely need to pay for cable internet. In rural areas, fast internet may be harder to come by and may not even be available.
Beware of management fees (管理費); some nicer apartment buildings will have a guard at the entrance of the building, which each apartment has to pay a monthly fee for. Some of these monthly fees can be pretty expensive, so you should take this into consideration. The nice thing about having a guard though is that besides security, they can also accept packages when you are not at home and you can leave your garbage in a communal area.
Safety:
Beware of fire hazards (火災隱患). Illegal roof structures, small rooms separated by only wooden boards, and old electrical systems are all signs of fire hazards. You don't want to risk your life or risk all your possessions getting burned. Avoid fire hazards.
Beware of carbon monoxide poisoning hazards (一氧化碳). Carbon monoxide poisoning is a widespread problem in Taiwan due to the common use of natural gas water heaters. Make sure your water heater is placed in an open area preferably outside. If not, it should have an exhaust pipe that connects outside. Also make sure there are working carbon monoxide monitors in the apartment. Carbon monoxide kills many innocent people in Taiwan every year. Avoid any apartment that is not carbon monoxide safe.
Beware of earthquakes (地震); Taiwan sits on the ring of fire and earthquakes are common. Buildings built before 1999 (before the 921 earthquake that killed thousands) may not be earthquake safe. Some apartments may have slanted floors or cracks due to earthquake damage!
Beware of landslides (土石流): Many houses in Taiwan are built on hills, that may or may not be safe. Earthquakes and heavy rains could cause a landslide, which has been the cause of many deaths in Taiwan. Check this map to see which areas are marked as unsafe or where landslides have occurred in the past: https://246.swcb.gov.tw/Map/Index
Beware of Typhoons (颱風): If you live in Taiwan for a few years, you are sure to experience a Typhoon. Typhoon effects are worst on the east coast, but rarely affect buildings because most are made of concrete. You will have ample warning before a typhoon comes. What you will need to worry about is that your balconies are secured, your windows are secured, and your car/scooter is in a safe spot. If you live on the ground floor, your house may be prone to flooding during a typhoon. Also always keep extra food and water in your house in case the electricity goes out. If the electricity goes out, you may also lose access to running water, so make sure you fill up a bathtub full of water so you can at least shower while you are waiting for the power to come back.
Beware of flooding (淹水): Taiwan has multiple Typhoons, and they main damage they cause is due to flooding. Usually in low lying areas the first floor is prone to flooding. Your car or scooter may also get flooded if left in an underground garage or on street level. You may consider getting some extra insurance for this.
Beware of air quality (空污): many places in Taiwan have poor air quality, such as industrial parts of Kaohsiung and Taichung. Large cities will see poor air quality especially in winter months. Rural areas, mountainous areas, and the east coast will have better air quality. You can reduce most of the PM 2.5 coming in your house if you live above the second floor. Or you can consider buying an air purifier.
Beware of sea sand houses (海砂屋): Why is sea sand a bad thing? Because unprocessed seas sand contain Chloride, which will wear away walls faster and rust iron beams faster, shortening the life of the house can endangering the lives of the people that live inside. One sign of sea sand is wall cancer (壁癌), which is common in older houses, but if your house is newer, this is a red flag. You can also ask for a test of the walls to make sure that the materials used are up to code.
Beware of top floor illegal structures (頂樓加蓋), these are usually cheaper than normal, legal apartments on lower floors. However, they are not safe because they are not built according to code (susceptible to fire hazards and not typhoon/earthquake safe), many of them have tin roofs that are hot in the summer and loud in the rain, and the utilities will be more expensive because they have to share with downstairs (expect double for utilities as compared to a normal apartment). Also, these could be torn down by the city at any moment. Most importantly, you can't take a loan out on these houses.
Comfort:
Higher floors are usually hotter (高樓層比較熱): Heat rises. In the summer, the top floors of apartment buildings can get really hot and are harder to cool down because of all the heat rising from below. However this may be a good thing in winter when it is colder.
Water pressure (水壓): Usually apartments higher up in an apartment complex have less water pressure, and apartments lower down have higher water pressure but toilets on lower floors are more likely to have problems. If you realize that your shower water pressure has suddenly dropped, this is likely because there are little rocks stuck in your shower-head from the water tank that need to be cleaned out (by using a needle or knocking it against something). If you live on a higher floor with less pressure, you can buy a water pump to increase pressure.
Beware of dirty tap water (自來水): Most of the water in Taiwan should be boiled or filtered before you can drink it. Some people claim that the water in Taipei or Taoyuan is clean enough to drink from the tap, but it may be contaminated from dirty water towers. Water in rural areas is usually very dirty. You can solve this by boiling your drinking water, using water filters, or using mineral water jugs.
Taiwanese buildings don't have internal heating (沒有暖氣): This is because the winter in Taiwan is short and doesn't normally get below freezing. But it does get cold from December to March in Taiwan, especially in the north. Some new A/C units have a heating function (暖氣), if not you can go out and buy a cheap heater.
Be aware of where the sun is shining: Concrete walls suck heat and don't let go easily. If your apartment has lots of windows or has windows facing the sun most of the day, your house can get overheated while you are gone and it could take a while to cool down. This means that you will have to pay more electricity for your A/C. On the flip side, this is good in winter time so your house can stay warm, especially since Taiwanese homes have no internal heating.
Beware of buildings with no elevators (無電梯) because no one wants to walk up six flights of stairs every day. Many old apartment buildings below seven stories do not have elevators (or parking spaces). Shipping large packages can also be more expensive if your building doesn't have an elevator.
Beware of bugs (蟲), Taiwan is a tropical/subtropical island, so you will likely encounter bugs such as ants, cockroaches, and mosquitoes in your house. If you have dirty neighbors, expect to see cockroaches often. If there are sources of water nearby, you may see many mosquitoes in your house that will keep you up at night. Leave food crumbs on the floor? Don't be surprised to see ants. On the other hand you can solve this problem by exterminating your house every few months. If you see Taiwan geckos, just know they are your friend, they eat bugs.
Look for convenient transportation (交通): If your apartment is not near an MRT, bus stop, or major road, it can be hard to go places. Most cities in Taiwan have bus stops everywhere. Also major cities have convenience stores on every street corner. Also you probably want to be closer to shopping centers and markets if you plan to cook at home.
Beware of no parking (無停車位): many old apartment buildings have no parking spaces at all, and scooter parking is limited. If you live in the center of a large city there may not be any free parking on the street if at all. A car parking space in Taipei can be up to 4000 NT per month, or 1,500,000 NT to buy one (but you for sure can find free scooter parking somewhere). You should consider this if you plan to buy a vehicle in the future.
Noise (雜音): Take a gander at your surroundings. Is the apartment near a busy street, train station, night market, temple, etc? If noise is an issue for you, consider moving to a quieter neighborhood. Temples are known to throw parades and launch fireworks at untold times. Also beware of construction/remodeling nearby.
Furniture (家具): Don’t expect any furniture for a new house. You will likely need to buy all new furniture for the house, but the good thing is you can furnish it just the way you want.
Appliances (家電): As with furniture, new apartments in Taiwan don’t come with appliances, except maybe A/C units or kitchen cabinets. If your apartment has no A/C, then you will likely end up needing to buy an A/C unit because Taiwan summers are hot no matter where you are.
Beware of water leaks (漏水): Some buildings in Taiwan leak when it rains. This can be because it was not built properly or that the house is old and has been cracked by the sun or earthquakes. If you want to find out if a house leaks, an easy way to find out is to visit the house on a rainy day. Even if there is not leaking water visible in the house, if there is leaking water in the stairwell then you know there is a problem.
Beware of mold (發霉): Taiwan is a hot and humid place which means it is great for mold growth. Many old apartments may have mold on the ceiling or walls. In order to solve this problem, keep the windows open, keep the A/C running, or get a dehumidifier.
Beware of wall cancer (壁癌), this means that you will see a disfigured concrete wall (that looks like a tumor on the wall) which could mean high humidity, leaking water, or just that the apartment is old.
Taiwan is humid (台灣很潮濕): High humidity and hot temperatures means that food and other decomposable things will get moldy fast. Even books, clothes, and leather shoes will get moldy if you don't dehumidify your house or keep constant A/C running.
Be aware of concrete walls (水泥墻): 99% Taiwan apartments are made with concrete walls. This means you will not be able to hang stuff on the wall easily. Also Wifi may not work well between rooms.
Be aware that no one in Taiwan has carpet (沒有地毯): Basically all Taiwanese apartments have tile or wood floors. Carpet is usually only for wealthy individuals that can keep A/C running all the time. Taiwanese people like tile because it is cool in the summer, but in the winter it might be a good idea to get a rug because it will feel like walking on ice cubes.
Balconies (陽臺): Balconies are good because it gives you a place to do laundry. You can hang clothes there or put a washer and dryer there. If not, putting a washing machine in your bathroom will mean it will break down faster, and putting a dryer in your house will make your home that much more humid. You can also barbeque there!
Fengshui (風水): Many apartments are built with Fengshui in mind, which means that the doorway is never directly facing another room or piece of furniture. Because of this, many apartments have huge wooden cabinets in front of the door, among other things. Many Taiwanese people care about Fengshui, but it also depends of the person; some people are more superstitious than others, and some people don’t care. But in general it is an important principle in Taiwan
Garbage (垃圾): Unless you have a nice security guard or know an elderly person to help out, you will likely have to take out your own garbage. The garbage trucks usually come out at night and have a distinct Beethoven jingle (this can be a problem if you work at night). In Taipei and New Taipei, recyclables, kitchen waste, and normal waste are separate and you must use special plastic bags provided by the city. The rest of Taiwan throws all garbage out together. As mentioned above, things rot fast in Taiwan, so kitchen waste can get stinky and attract flies and bug fast. If you do not want to empty the garbage daily, you can consider storing kitchen waste in your freezer where it won't stink or rot.
Other tips:
Learn Chinese (學中文): If you have lived in Taiwan long enough that you have saved for a house that you plan to live in until you die, you should know some Chinese. Knowing the language is invaluable when buying or selling a house, in order to understand what is going on and to negotiate, and for looking for houses online. But you can rely on trusted a friend that knows Chinese.
Taiwan uses Ping, not square meters (坪), a ping is equivalent to 3.3 square meters or 35.5 square feet, or 182cm by 182cm. Note that some houses include the hallway, balcony, and other communal areas in this calculation, so you should still visit in person to see how big or small it actually is.
Measure the area yourself (自己量坪數): Many homeowners, realtors, and construction companies fudge the numbers when it comes to the actual amount of Ping. Some use strange calculations include the hallway, balcony, and other communal areas in this calculation, so you should still visit in person to see how big or small it actually is. Because this is a huge purchase that you will spend a fair amount of your lifetime paying off, take the time to actually measure the number of ping yourself. For reference, one ping is about the size of a double bed, 182cm by 182cm. If you find the size has been grossly miscalculated, causing you to pay for space that doesn't exist, consider using this to negotiate the price or look for a more honest seller.
Most new apartment buildings with elevators include 30% communal areas into the total space (新電梯大樓公設比例大概30%): This means if you are buying a 25 ping house, 8 of that ping is your elevator, gym, etc. and the actual indoor ping of your house would only be 17 ping. This is common practice for new apartment buildings in Taiwan.
Down payment is the most difficult barrier (存頭起款最難): Down payments in Taiwan range from about 15%-30%, and this is the most difficult part of buying a house. You also need additional cash for other fees. Overall, you need a lot of cash to buy a house in Taiwan. The average salary in Taiwan is 50,000 NT per month, which means to save for the down payment for a 10 million NT three bedroom apartment in Taipei, one must save at least 3.3 years, or 40 months salary (2,000,000 NT) without spending any money. This is a huge barrier especially for young people, who are expected to buy a house when they get married, which also contributes to people marrying later and less children being born in Taiwan.
You can take a loan for the down payment too (頭起款可以用信貸): If you don't have enough for a down payment, you can take a loan for that too at about the same interest rate (a little higher), but you will have to pay for two loans at once.
Stay within your budget (設定預算): the perfect apartment for your needs may be way more than you can afford. A good rule of thumb that I've heard is to not let monthly mortgage payments take more than 1/4th of your income. In the end you will probably end up picking a less than perfect apartment. You need to weigh the pros and cons of a few apartments and pick the best looking apartment for your budget. If you don't have enough for your dream house, keep saving or lower your standards.
Be aware your mortgage interest is tax deductible (繳利息可以抵稅) Mortgage interest is tax deductible up to 300,000 NT per year if you use itemized deductions.
Fourth floors (四樓): The fourth floors in Taiwan are often avoided because the word for four sounds like the word for death. For this reason some apartments don't have a fourth floor (skip from 3 to five). However, despite this many Taiwanese people still live on the fourth floor.
Top floors (頂樓): Top floors can leak rain water easily. You may have to pay extra money for waterproofing your roof or building another metal roof. Earthquakes and UV rays from the sun will damage your roof overtime, meaning you may have to do constant maintenance every few years.
Renovation/Repairs (水電工): For older apartments, you will likely need to do some renovation. Things that often break or need renovated are kitchens, electrical systems, tile floors, and bathrooms, windows, doors, and furniture, and appliances in general. Labor in Taiwan is pretty cheap, but added with the cost of materials costs can add up, and you may need to spend over 1 million NT on renovations. You can avoid this if you buy a newer house.
Find a good repairman/interior designer (工程師/設計師): A good repairman or designer will tell you what is wrong with the house right away and give you a fee quote for needed repairs. Designers will be more expensive specially if you want to change the interior space. Ask multiple people and find the one that you can communicate with best and that shares your vision for your new house.
Beware of fake posts online (虛假房源): fake housing posts are everywhere. If the post doesn't have photos of the inside, or looks too good to be true, you there may be a problem. Also, if someone died or was killed in a house, this will affect the price and the landlord is required by law to tell you beforehand. But they might try to hide this information.
Pay attention to future government infrastructure projects (基礎設計): You can check the news and government agencies to see what government projects are in the works, such as MRT, HSR, highway, etc. which may help to raise the value of your property in the future.
Beware of buying a farmhouse or agricultural land (農地及農舍): Technically foreigners cannot buy agricultural land in Taiwan, but if you have an Taiwanese spouse you can get away with this. But if you buy agricultural land with no building, you might have grow crops and make a certain amount of profit as determined by the local agricultural association (農會) for a number of years before you can build a building. If you aren't a farmer, forget about this. A better choice would be to buy land that already has a registered building on it and do a renovation.
Beware of protected land (保護地): Protected land is similar to agricultural land because foreigners cannot buy this type of land and you cannot build a building on it right away. In fact never. You cannot build a new building on protected land, you can only do farm work, so it is basically worthless if you want to build a house there. A better choice would be to buy land that already has a registered building on it and do a renovation.
Beware of pre-sold houses (預售屋): Most large construction companies don't need to resort to pre-sold houses. Pre-sold houses are a marketing strategy used by smaller construction companies with less money. The ruse is that you can buy a house for cheaper before it is built. But you can't see the house if it isn't built, and you don't know if the house will actually be built in the end. However usually the construction company will only collect earnest money before the house is built, and you will only pay for the rest after it is built. There is a lot of risk involved in buying this kind of house. It is less risky to just wait until the construction is complete.
Beware of auctioned houses (法拍屋): Auctioned houses are usually auctioned because someone could not pay off their home mortgage. These are usually cheaper, but you will have to pay more in cash up front, the former homeowner or renter may still live in the house (you will likely have to pay them to leave), and you cannot see the house in person before you buy it. Also, for the first month the interest rate is around 5%. After that the interest rates on loans for these are the same as if you are buying a second house (1.4-1.5%).
Always always always always see the place in person!
Frequently Asked Questions (FAQ):
Q: Can foreigners invest in real estate in Taiwan?
A: Yes, as long as there is reciprocal laws in your country, meaning that Taiwanese can also purchase real estate in your home country. Most foreigners in Taiwan can purchase residential real estate, but some types of land such as agricultural land is not allowed.
Q: What is the average down payment ratio in Taiwan?
A: 30% for older houses, 20% for newer houses. However, 15% or lower is possible, and if it is in a super rural area the bank may ask for 40-50% up front.
Q: What is the average interest rate for mortgages in Taiwan?
A: 1.3-1.5%.
Q: Should I invest in Taiwan's real estate market as a way to make money?
A: No, get lost. Taiwan's real estate market is already ruined for young people just by the rich Taiwanese that already live here. Many average young Taiwanese people will never be able to afford a house, so don't make the housing market worse by putting investments in your portfolio, unless you actually want to live here.
Q: What are the best websites to find apartments to buy in Taiwan?
Chinese:
591.com
House Fun (好房網)
(pretty much every rental listing in Taiwan is in one of two websites above, but may not be up to date)
Xinyi Real Estate (信義房屋)
Yungching Real Estate (永慶房屋)
HB Housing (住商不動產)
Taiwan Housing Group (台灣房屋)
Chinatrust Real Estate (中信房屋)
English:
Century 21 Global
Tip: If you are looking for apartments in English outside Taipei, consider asking a Taiwanese friend or rental agent for help.
Tip: Listings in Chinese will usually be cheaper than listings in English.
Looking for a hotel? Find out where to stay in our Taiwan hotels guide or search for the best hotels on Taiwan’s north coast here.
Q: What are the best relocation companies?
Santa Fe
People First
Looking for scooter rental in New Taipei? Click here or here to search for options. You can also check out our scooter rental guide here.
If you are looking for car rentals, you can also search here. You can also check out our car rental guide here.
Q: Are Taiwan houses earthquake proof?
A: Most houses built after the 921 earthquake in 1999 have better building codes and should withstand an earthquake.
Q: How much is a three bedroom apartment in Taiwan (25 ping, 83 square meters, 890 square feet)?
Taipei: 10,000,000-30,000,000 NT
Hsinchu: 5,000,000-15,000,000 NT
Taichung: 5,000,000-20,000,000 NT
Kaohsiung: 5,000,000-15,000,000 NT
Q: How much does a water bill cost in Taiwan?
A: For two people a water bill would be about 500-1000 NT for two months.
Q: How much does a gas bill cost in Taiwan?
Canned gas: About 700 NT per tank (changed about once per month)
Piped gas: For two people who cook, 500-1200 NT for two months.
Q: How much does an electricity bill cost in Taiwan?
A: For two people, 1000 NT in the winter and about 2500 NT in the summer for every two months. Rates get higher if you use more energy.
Q: How much are total utilities per month?
A: For two people anywhere from 1000 NT to 4000 NT total per month depending on how much gas/water/electricity you use.
Q: How much is internet/Wifi in Taiwan?
A: Average internet bills are around 600 NT per month. If you want a cheap solution, use a SIM card with unlimited internet (about 400 NT per month) and connect it to a WiFi dongle.
You can also book Wifi and SIM cards for Taiwan on Gigago here.
Q: How much are management fees in Taiwan (管理費)?
A: Management fees can range from 500 NT for a cheap place to 3000 NT per month for a super fancy apartment complexes. The fee is a fixed amount based on the size of the apartment, usually 50-100 NT per ping per month. Older apartments or houses that do not have security guards do not need to pay this.
Q: Can you invest in Taiwan real estate and sell quickly?
A: Yes but you will incur super high capital gains taxes up to 40%. If you keep a house for six years or more and sell, capital gains tax can be as low as 10%.
Q: What should I look out for when looking for an apartment?
A: See our tips above.
Q: What are the advantages/disadvantages to buying a house new in Taiwan?
A: There is no real estate agent fees, no need to spend money on renovations, and it will be nicer to live in. Also, you will be able to pay less for the down payment (10%-20%). But new houses are more expensive, and there are usually management fees, and all parking is usually paid.
Q: What are the advantages/disadvantages to buying an older house in Taiwan?
A: The base price is cheaper, and there are more locations to choose from. Also, old apartment buildings may not require any monthly management fees. But you will have to pay extra real estate agent fees and spend money on renovations. Also, you will have to pay more for the down payment (25%-30%).
Q: What kind of furnishings do most apartments in Taiwan have?
Usually there are beds, dresser, small bathroom with toilet and only a wall shower right over the toilet, an A/C unit, and a water heater.
Not all apartments have a kitchen, stove, couches, or a washing machine, but most larger apartments do.
Pretty much no apartments supply internal heating, ovens, microwaves, dryers, or dishwashers. This is because Taiwan winters are short, Taiwanese people don't bake, they are afraid of microwaves, they line dry clothes, and they wash dishes by hand.
Q: What is the average size of an Taiwan apartment?
1 bedroom apartment: 8 ping (26 square meters, 284 square feet)
2 bedroom apartment: 15 ping (50 square meters, 534 square feet)
3 bedroom apartment: 25 ping (83 square meters, 890 square feet)
4 bedroom apartment: 35 ping (116 square meters, 1245 square feet)
Q: What is the best way to clean tile floors in Taiwan?
A: The best way I have found to clean a tile floor is with a good vacuum, one that scrubs on the surface. Also a steam mop.
Q: What is the best way to clean mold in Taiwan?
A: For normal bathroom mold, bleach should do the trick.
Q: Is the water safe in Taiwan?
A: Filter or boil water in Taiwan, or buy bottled water. It is not safe to drink from the tap. Taipei has the cleanest water (meaning it requires the least filtration), while more rural areas are hit and miss.
Q: How am I supposed to cook in Taiwan with no oven/microwave?
A: Most Taiwanese use rice cookers and gas stoves for all cooking. You can buy an inexpensive small oven or microwave if you really need one.
Q: What can I expect from a typical Taiwanese house?
A: Because land is scarce on this small island with 24 million people, most houses in Taiwan are apartment high rises. Houses are made of concrete. There are no yards. Most do not have carpet. Many will have a guard that will help to get your mail and provide security.
Q: What are typical renovation costs in Taiwan?
A: For older apartments, you will likely need to do some renovation. Things that often break or need renovated are kitchens, electrical systems, tile floors, and bathrooms, windows, doors, and furniture, and appliances in general. Labor in Taiwan is pretty cheap, but added with the cost of materials costs can add up, and you may need to spend over 1 million NT on renovations. For a really bad apartment that basically needs everything redone, it could be as expensive as 50,000 NT per ping or more. You can avoid this if you buy a newer house.
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If you need help obtaining a visa to Taiwan, you can use Ivisa.com.
Any more questions? Leave them in the comments below!
Be sure to check out our other FAQ guides to living in Taiwan here.
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24 Comments
V
10/21/2020 04:15:48 pm
Nice post, very informative.
A question. Can 2 or 3 people have ownership of a house ? As in more than 1 names can be on the title deed.
Also, in line with the above question, can 2 of 3 people jointly apply for a loan through a bank for the purchase of a house ? And we the process defy from when a single person is applying.
Reply
foreigners in Taiwan
10/22/2020 10:42:49 am
Hi V,
Yes it's possible. This is something you should discuss with the bank.
-FiTW
Reply
Welly Pan
10/21/2020 06:12:37 pm
I like your blog about Taiwan. I want to ask you something about foreigner who wanto to living in Taiwan
1.what is easy way to live in Taiwan without working and married Taiwanese ?
2. how much minimum investment do I need to Invest in Taiwan and what is the investment is that?
Thank you for your answer
Reply
FiTW
10/22/2020 10:43:59 am
Hi Wendy,
Check out our APRC blog here for more info on an investment Visa. https://www.foreignersintaiwan.com/blog-370963385326684/taiwan-aprc-faq
Best,
FiTW
Reply
Vamsi Reddy
10/21/2020 10:35:29 pm
Thanks for a very detailed post.
I believe the one times fees are particularly very high.
Earnest money (5-15%)
Deed tax ((6%)
Contract payment (around 10%)
These fees roughly add up to 25-30%. Have I calculated it correctly.
Do you get any deductions for the above items if you hold the house for more than 6 years or 10 years.
Would you incur these fees when you sell a house??
Reply
FiTW
10/22/2020 10:45:24 am
Hi Vamsi,
The total downpayment covers these costs. Any extra is paid as downpayment to the seller. No deduction is available for these.
When you sell a house these fees are not applicable, they are paid to you.
Reply
Praveen
3/21/2021 09:08:45 pm
Can Indians buy a house in Taiwan. Any documents required from Indian govt/ITA?
Any other details if you can share with respect to specific nationality wise details.
Reply
Tonyv
3/23/2021 03:27:19 am
I know it is almost impossible to open a bank account in Taiwan if I am only a tourist there. If I want to buy an apartment in Taiwan and I do not have a bank account there, how can I transfer money to Taiwan to buy it? Or I should manage it through a local lawyer?
Reply
Foreigners in Taiwan
5/3/2021 10:08:29 am
Hi Tonyv, having a local bank account would make it easier to get a loan. However you can still buy a house without a bank account if you pay in cash.
Reply
Belle
5/3/2021 08:02:08 am
This is a life saver! Thank you. I would like to know if the 5 real estate companies being listed because they are the more popular ones in the Taipei area or because they the more reputable ones?
Reply
Foreigners in Taiwan
5/3/2021 10:09:02 am
I would say that they are the most popular and the most reputable.
Reply
Pei Wen
5/25/2021 12:33:56 am
Hi,
Thank you for this great post. I lean a lot.
Is it possible for a foreigner to buy a farmland and build a farmhouse? Some real estate agents say YES, some say NO. I am very confused.
Thank you.
Reply
clic aqui
link
8/13/2021 05:46:46 am
Existen casos en los que las personas reciben una casa que no cumple con los tamaños o detalles acordados, e incluso ha habido aquellas que terminan perdiendo todo el dinero invertido en una supuesta preventa que resultó siendo un fraude.
Reply
Linda Naudus
link
9/7/2021 03:25:07 pm
So I saw you had a lot of comments that doesn't seem to be relevant or repeated but we're an actual family of foreigners who has bought a house. We linked to your site in our youtube video and wondering if you'd consider putting a link to our video talking about our experience as well? https://youtu.be/eVOOKuWYUdE
thank you!
PBLJ family
Reply
Ccy
2/6/2022 08:33:54 pm
I'm holding tw passport currently working overseas for years. How do I show proof my overseas salary to taiwan bank for mortgage if I'm keen to invest in taiwan real estate pls?
Reply
Daniel Johnson
link
3/8/2022 05:17:02 am
I am so delighted I found your weblog, I really found you by accident,
while I was researching on Bing for something else, Regardless I am here now and would just like to say thank you for a fantastic post and a all round entertaining blog (I also love the theme/design)
Reply
Katherine
link
5/22/2022 11:56:57 pm
Hi, Its a wounderful post.Thanks for your nice post. Do you know? Internet cables that crisscross the sea-floor could be use to detect earthquakes and tsunamis or monitor how climate change alters ocean currents.
Reply
Sam
6/17/2022 12:28:45 am
Hi, great post, just wondering about the mortgage rate, is the average rate of 1.3-1.5% for fixed mortgage rate or variable? I heard variable mortgage is more common in Taiwan but isn't a fixed mortgage a safer option in the long term?
Reply
lee
11/1/2022 11:59:22 pm
hi what is the typical rental rate for a 2 bed apartment in taipei? particularly nei hu and xin yi district?
how much can i rent out a 2 bed apartment( whole unit)?
Also, how much can i rent out 1 room?
looking to buy a 2 bed apartment in these 2 areas.
Reply
James
2/3/2023 08:52:43 am
Great post! A lot of useful information on buying a property in Taiwan. I’m a Taiwanese American recently got a real estate agent license in Taiwan. Buying a house may be mind boggling already not to mention the language barrier. I’m bilingual in Chinese and English if anyone need help searching for a house can hit me up, will be glad to assist. Elrond312a@yahoo.com
-J Lee
Reply
Pat
4/22/2023 06:50:17 pm
Hi James i just sent you an email.
Cheers,
Pat
Reply
Pat
4/22/2023 06:34:28 pm
Hey thanks for the informative post.
My wife and I have almost managed to save enough for a 20% deposit on an approx 8-9mill apartment, but are just coming up short.
You mentioned that you can take out an additional loan to help pay for the downpayment, but my wife says this is very difficult and any bank or real estate agent has been unhelpful regarding this.
Might you know anyone or any bank that could give some additional assistance or insight on the situation?
Thanks so much,
Pat
Reply
Variable Home Loan Rates
link
4/25/2023 11:43:16 am
This guide about buying a house in Taiwan is really amazing. This is helpful.
Reply
Broker For A Mortgage
link
5/17/2023 09:49:20 am
Hello! Your website's content on buying a house in Taiwan is exceptional. I'm grateful for the effort you put into creating such informative blogs. Your dedication to helping others is inspiring. Keep up the fantastic work!
Reply
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---https://www.foreignersintaiwan.com/blog-370963385326684/my-experience-buying-a-house-as-a-foreigner-in-taiwan
from google ( taiwan citizenship requirement to own land in taiwan ) result 2 -> ppl also ask
-> Are foreigners allowed to buy property in Taiwan?
Blog Posts
My Experience Buying a House as a Foreigner in Taiwan 外國人在台灣購屋的心得
2/23/2022
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Before you read this blog, for a general overview of house buying in Taiwan, check out the buying a house in Taiwan FAQ article here.
You can also see our experience renting houses before we started considering buying in this blog.
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Buying a house was easy, once I had enough money. Can I stop there?
Okay first let me explain I am a middle aged American married to a Taiwanese national. I have lived in Taiwan about eight years already.
Why buy a house in Taiwan? 爲什麽在台灣買房子？
Buying a house never really crossed my mind for the first six years I lived in Taiwan. I was fine being able to afford rent and live month to month, happy for the opportunity just to be in Taiwan.
However after years and years of renting with a steady job and income, helping to pay my landlord's mortgage instead of my own, and wanting certain changes done to the house that I could not do without paying for the landlord's renovations, buying a house became a very attractive choice.
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In addition, buying a house is usually a good investment. It usually beats inflation over time.
Applying for a loan can be scary, especially if you don't have a steady income. But I thought to myself I will be paying a monthly rental fee for the rest of my life anyway, why not make it a monthly loan payment and have an investment instead of paying my landlord.
Let me clarify, I believe you should only buy a house in Taiwan if you intend to live in it. Buying houses for investment will just inflate housing prices and make it even more difficult for young Taiwanese people to afford a house.
Looking for a hotel? Find out where to stay in our Taiwan hotels guide or search for the best hotels in Taiwan here.
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Budgeting for a House 爲了買房子設定預算
I started off as an English teacher at a cram school making the minimum wage for foreign white collar workers, 48,000 NT per month. Once rent and life expenses were gone, we had very little money to save. On a good month we could save about 20,000 NT. For the house I now own, that monthly savings would have taken me only 6 years to save up for the down payment and 35 years to pay off. But my salary has increased since that time.
We first seriously considered buying a house about three years ago in 2019. Three years ago houses were cheaper, and so our budget was lower. We set a budget for a down payment for a house around Nangang, Taipei (where I work) for about 1.5 million NT (54,300 USD). This was based on the assumption that we could get a 20% down payment on a 7.5 million NT house (272,000 USD) with at least two bedrooms. At the time we had only asked one bank about home loans, which was Shanghai Commercial and Savings bank. Basically their policy for houses in greater Taipei is as follows: for houses 35 years or newer the down payment is 20%, but for houses 36 years or older the down payment is 25-30%. More on banks later.
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A year and a half later in September 2020, we reached the 1.5 million NT savings goal (54,300 USD). At that time, we seriously began looking at a lot of houses in person instead of just looking at online postings. But by mid-2020 housing prices had risen about 15%, partly thanks to the pandemic. Also, we quickly realized there were other costs involved besides just a down payment. There would also be taxes, lawyer fees, and realtor fees, as well as renovation fees depending on how bad the house was. So in 2020 we revised our savings goal for buying a house to 2 million NT (72,300 USD).
Looking Online for a House to buy 在網路上先找房:
As we saved our money for the down payment, we looked online mainly using 591.com for used houses (中古屋) in Neihu, Xizhi, Nangang, Songshan, Xinyi, Shenkeng, and thought about even commuting from Keelung, Yilan, or Taoyuan. 591 is a great resource, and you can search via map, number of rooms, price, house age, etc. There are other websites you can search too, but most all listings are on www.591.com.tw. We looked through hundreds of listings for about two years before we had saved up the 1.5 million NT we thought we needed for a down payment. Then we decided to go out and look for houses in person.
Sponsored LinksAfter years of looking for rentals and houses to buy, we finally narrowed down the area to Nangang, Neihu, and Xizhi, and we began looking for houses in person.
Finding a good Realtor 找對的房屋中介:
If you want to actually go see a house, it usually means you need to go visit a realtor. There are many different chain realtors in Taiwan. In my experience, it really doesn’t matter which brand you choose, all that matters is who the realtor is as a person, their communication skills, whether or not they understand your needs, or if they are just wasting your time. Usually if you walk into one of their offices, they will sit you down, offer you water, and show you their listings. Usually they cannot speak English, so if you do not speak Chinese, you may want to find a translator. Below is a brief summary of each realtor we worked with.
U-trust 有巢氏房屋– They were nice, friendly, and helpful, and we found a house we wanted, but in the end they could not help to talk the owner down on price.
Xinyi 信義房屋– We visited their office twice and all of their listings were out of our budget. It seems they were only interested in selling expensive luxury apartments.
Yongching 永慶房屋– They seemed to have good service, such as a warranty for leaks, but I imagine their service fees are also expensive. All of their listings were over our budget.
Taiwan Realty 台灣房屋- The best. They were the best because of the lady in charge of our case. She was the nicest and most helpful to us, and in the end she talked down the owner to a super low price and we bought. My only regret is that we found her last. But after finding her, our search finally ended.
Sponsored LinksChina Trust 中信房屋– They were okay, but all of their houses again were out of our budget range.
Zhushang 住商不動產– We had the worst experience with them. They were very helpful, but many of their tactics wasted our time and eroded our trust. We found a house we wanted, but they could not talk the owner down on price and tried to force us to cough up more money, wasting our time in the process.
New houses and pre-sale houses 新房子、預售屋– Most new houses will have their own sales team to sell the houses off. Be wary of getting scammed with these houses, although you can bargain them down on price. They are definitely making a commission. Pre-sale houses may never be finished, so be wary.
Century 21 21世紀– They had lots of good listings, and are an international chain, but in the end we never visited them in person.
Other small realtors 其他小的房地中介– We never visited any small independent realtors because frankly we were afraid of getting scammed.
Legal Auction houses 法拍屋– I approached one company specializing in selling legally auctioned houses, houses where the owner defaults on their loan and the house is auctioned by the bank. In the end they never found a house in the area we wanted. And we also learned that if you buy one of these houses it can be hard to get a loan (40% down payment) even though the price will be up to half of what a normal house would be. The biggest problem is the original owner may still be squatting in the house and it may be impossible to get them to move out.
Owner selling themselves 自售 - If the owner is selling by themselves, you may be able to skip out on realtor fees, but this may mean that there is a bigger possibility of getting scammed and you may have to do lots of extra homework and paperwork on your own.
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Looking at houses in Person 親自找房子:
After visiting a few realtors, we decided to look at houses with Zhushang first. They showed us two houses on our first real day of house hunting that were close to our budget and needs.
I like riding my bicycle to work, and we like the convenience of being close to my office, so we decided to look for houses closer to Nangang, because a short commute and coming home for my lunch break was worth it.
First House: Heshun Street 和順街
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The first house we ever went to look at to consider purchasing was an older house in Nangang on Heshun Road, in September 2020. After visiting Zhushang Realty, they showed us this house and we agreed to look. It was raining that day, as it did most days that we looked at houses in person (this is a good thing because if there are leaks in the roof it will be easy to tell).
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Pros: It was close to our budget and in Nangang.
Cons: The house is on a very narrow alley with no parking at all (we have a car, so parking would be an issue. We would probably have to rent a space somewhere). Inside, it was clear the house needed a lot of work. All the rooms were separated by thin wooden boards, the floor was old, and the ceiling was falling apart. The house was in between two other apartments, so there was no airflow except from the front and back windows, and the inner rooms did not have windows. The price, 9.8 million, was out of our budget. It was a 40+ year old house. For an older house, we expected to pay 30% down payment (294,000 NT), which we did not have. Plus we would need extra money for renovations. So we passed up the Hushen Street house.
Second House: Zhumeng 築夢
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The second house we looked at was Zhumeng. It is a new complex in Nangang, but did not sell very well. The same Zhushang Realty showed this house to us on the same day as the Heshun Street house.
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Pros: The price was high for a two bedroom apartment, more than 9 million, but they said we could get a loan with a 15% down payment (1.5 million down payment). Despite this, we did not like the house.
Cons: Inside was small. It claimed to have two bedrooms, but it was a split level house with super small rooms. It was smaller than the house we were renting at the time. Also we had to pay a management fee and there was no parking. In addition, there was public space at the first floor to pay for, but much less than a normal new house. Needless to say, we passed on this house.
Third House: Kangning Street 康寧街
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Next for the third house we called up U-trust and looked at a house in Neihu on Kanging Road.
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Pros: The price was in our budget, and it had two bedrooms and a huge living room. It also had a roof space and a rusty Pidgeon coop on the roof. The price was in our budget, and it was right next to an elementary school.
Cons: There was no natural gas lines, and it was right next to a busy highway. Also, there was no where to park a car there without renting a space. It was also a little farther from work than we were comfortable with. Also it was on the fifth floor with no elevator. In the end we decided to pass.
Although looking back we could have totally lived here, I am glad we did not because it was a little far, there was no parking, and there was no natural gas.
Fourth House: Hushi Langyue 胡適朗閱
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After visiting the second house, Zhumeng, the option of a 15% down payment on a new house piqued our interest. So we visited another new apartment complex, Hushi Langyue in Xizhi. We ended up visiting twice.
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Pros: We were interested in the two bedroom apartment with had a price of under 10 million NT, with an opportunity to get a 20% down payment.
Cons: Parking space would be needed to be rented or bought for extra. The complex was on a steep hill and it would be hard to bike to and from work. We liked it, but after visiting the second time we decided it was just too inconvenient to live there up on that hill. There was a shuttle bus that would only come every hour or so, and my wife does not drive a scooter. Getting kids to school would be hard. We almost put money down for it but we did not in the end.
After we turned down the offer, the lady told us that the couple after us bought the last house that we wanted. I think that was a sales technique to try to get us to bite again. It was a good decision on our part though. Last year the construction company could not renew their building license, so no one that bought a presale house there could move in. Everyone was given a refund, and the future of this complex remains up in the air. We saved lots of money, time, and trouble turning that house down. We dodged a bullet.
People often warn you about buying cheap pre-sale homes from small construction companies, and this is a prime example.
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Fifth House: Dongfang Dazhen 東方大鎮
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Next Zhushang reached out to us again for an apartment in an industrial zone next to Costco, Dongfang Dazhen. Originally he didn't want to show it to use because it was an industrial zone and most banks require a 40% down payment for such houses. We visited and we liked it.
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Pros: It was only 25 years old, had an elevator, and there was possible free parking nearby. Also, in the future there will be a elevated train built right in front of the house, but it might take ten years to finish. There was also a nice bike path behind the house which I could use to bike to work quickly. The bank also confirmed that we could get a 20% down payment on the house, but that the house was only worth at most 7.5 million.
Cons: The house was in okay shape but needed some renovations. Also, the house was in an industrial area near Costco with lots of factories and big trucks passing by. Also the nearest elementary school was out of walking distance. Public transportation was not good either. Originally the house was asking for 9.8 million, which was out of our budget at the time, so we passed.
About three months later they called us again and said the owner had a change of heart and could maybe go down to 7 million. So we put down earnest money for the house.
Getting Serious: Putting down earnest money 下斡旋金
Once you want to put down an offer on a house, you also need to put down some earnest money. Usually this is 50,000-100,000 NTD. What is the difference between these amounts? Well, after you put earnest money down, no one else can bid for 1-2 weeks. During that time, if the house is sold to someone else, the owner needs to pay that amount to you. If you are able to come to an agreement with the owner, that money goes towards the price of the house or the realtor fee. During the time, the realtor will try to bring both parties to a reasonable price that both parties can agree on. Note that most houses are priced up 10-20% from what the owner considers the least amount they would like to sell. So they expect you to bargain with them.
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Fifth House Continued: Getting fooled 被騙
We originally put down 50,000 NT in earnest money and offered 6.9 million NT for the house. The realtor said that other “investor clients 投資客” had offered roughly in that ballpark, so that’s what we offered. The owner then after two weeks and asked to meet us. We showed up at Zhushang and waited half an hour. At the time we had a babysitter and didn’t have a lot of time. After half an hour, the owner’s friend showed up who was a plumber and offered to redo our floors for cheap. It was just a big joke. At the same time, the realtor said that another realtor that the owner chose had received an offer for 7.8 million. We thought, "Fine! We don’t have the budget for that high of a payment, give the house to them." But later we figured out they were lying to our faces. There was no other buyer, it was a ruse to squeeze out money from our pockets. I was stupid and agreed to offer another 100,000, to raise our offer to 7 million exactly.
After two weeks, they called us in again. The owner did not show up again. They said the owner could go down to 7.5 million, final offer. By that time, we had weighed the pros and cons of the house and my wife really didn’t like it. We decided it was not worth it to raise our price, it was only worth it if we could get a good deal as the realtor told us to begin with. Also we felt betrayed and lied to by the realtor from last time, and by the owner who wasted our time and made us wait. After the two weeks were over, I went back to their office and took the 50,000 NT back, and said it was because my wife really didn’t like the area, which was true.
Later we found the house did sell for a higher price, which was a win for the owner, but we had already realized it was good we did not buy that house. If we did, we would be totally out of money and have nothing left for renovations. We decided to take a long break after that from house finding to continue saving money. The Zhushang Realtor didn’t bother us any more because he realized we were really poor and had no way to come up with more money, and that we were not going to borrow from our parents.
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Sixth House: Zhongyan A+ 中研A+
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The sixth house we visited was Zhongyan A+ in Xizhi. It is a new development that sits on a mountain overlooking Nangang, as seen from the only photo I have of the house above.
Pros: It was a new house, and after looking at house number four, we liked the a idea of a lower down payment for a new house. The price of the house was about 9 million NT. The complex had a guard, public kitchen, child playroom, and guest space on the first floor.
Cons: This visit was ain March 2021 when interest rates were increased, so the monthly payment for the house was over our budget (as I recall monthly payment would be like 30,000 NT). The house that we could afford was a small two bedroom, and 30% of the value of the house was in public space. Also, there was no parking there unless we were to purchase a space. Also the house is on a giant hill which means I could not ride my bike up to it and walking to the convenience store was not an option. Also there is only like one bus that goes there every half an hour. Did I mention it’s on top of a giant steep hill?
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In the end, we passed, and we kind of gave up looking at houses in Taipei after that.
Giving up on Taipei and Considering Kenting 放棄臺北，考慮墾丁
We did a round island trip in about March 2021. At that time we decided we liked Kenting the best out of any place in Taiwan. We decided to look for houses in Kenting, because the real estate there is so cheap compared to Taipei.
In May 2021 we were back to Kenting and seriously looked for houses.
We visited one of the only two main realtors in Kenting, U-trust. The other one was Yongching, which in our experience has just overpriced houses. We visited the U-trust office and the lady there showed us some houses. The same day, we went and looked at the houses in Kenting that we were interested in.
Seventh House: Kenting Apartment #1 墾丁公寓一
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The seventh house we visited was an apartment complex in Kenting within walking distance from an elementary school. It was on the fifth floor and there was an elevator, but no one paid for the elevator maintenance so it was broken indefinitely.
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Pros: As with most places in Kenting there was free parking. The views were nice, it had enough space, and it was well priced: 2.9 million for a three bedroom apartment.
Cons: The elevator was broken, and we soon found out that the house was under renovation. We visited and the renovation workers told us the house was no longer for sale, which was awkward. It turned out the old guard had privately sold off the public parking in the underground garage. As a result no one had parking and the management had been fired, so there was no management at the building.
We decided there was too much fishy going on with this house, so we passed.
Eighth House: Kenting Apartment #2 墾丁公寓二
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The eigth house we visited was another apartment complex near the middle school.
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Pros: The elevator worked and people paid to upkeep it. The house was about 25 years old. The interior was in good shape, it had a big balcony and three bedrooms.
Cons: As we discovered, all houses in Kenting do not have piped gas. There is no gas pipeline that goes to Kenting, so everyone uses canned gas. Also, the price was a bit high: 3.8 million NT. We searched the recent house transactions in the area using government website (實價登錄, which we also used for other houses, and also it is what the banks use for appraisals, so take advantage of this resource) and asked the only two banks there in Hengchun: First bank and Changhua bank. We asked both if they could give an estimate. Their estimate was 1.8-2.3 million, and they we would have to pay a 30% loan at best, so the down payment would be similar to buying a house in Taipei.
Despite this, we liked the house and put down earnest money.
Overpriced house in Kenting 太貴的墾丁公寓
After putting down 50,000 NT in earnest money remotely for an offer of 2.3 million, we waited two weeks. The owner was not willing to go below 3 million. He would not budge. His house was nowhere near worth that amount, even with renovations. My guess is he bought the house with cash and had no idea what the banks or housing prices were like. Housing prices in Kenting have stayed pretty much stagnant for the past 20 years, unlike Taipei which has seen like 300% growth in housing prices in the same period. We learned the owner lives in Taipei. Anyway, we were not going to overpay for a house so we turned it down.
Ninth House: Empty farmland 農地
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The ninth “house” we saw was in Kenting and it was just a plot of farmland. The realtor said we could build our own house there. Even though it was illegal to build a house there, she said it was outside of Kenting National Park and the authorities there didn’t really care, and would turn a blind eye if we built a house there. The price was about 2 million for the land not including the house.
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Pros: We could build our own house in the country:
Cons: We did not have the money to buy the land, and we could not take out a loan for either the land or for building a new house on our own. We also did not like the fact that it would be an illegal structure. To make it legal, we would have to actually grow crops there for a few years and make money. It was really just a crazy suggestion by the realtor who was trying to make some money. It didn’t take us long to reject this spot of land.
That being said, I do have a foreigner friend who with his wife bought a spot of farmland in Taitung and planted fruit trees, and in the end was able to build a small one bedroom house on the land.
Tenth House: Kenting Townhouse 墾丁別墅
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We found another realtor in Kaohsiung, Taiching 台慶 that works with Yongqing. It was a vacation house out in the sticks in Kenting. We originally wanted to visit in May but because of the pandemic we couldn’t go down south. We eventually visited in August.
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Pros: It was huge, three stories and four bedrooms. There was free parking. There was a backyard. It was close to the ocean.
Cons: The price was okay: 4.9 million, and but it would be hard to afford a down payment of 30% with the banks down there. Also like all Kenting, no gas pipelines. We were considering renting it out and retiring there, but there were so many stairs to get to the top floor. When we were old and feeble, this would not be a good option. Also it has some leaks and the siding was falling off. And it was in the middle of nowhere with no public transportation to speak of. We ended up passing on this house.
Giving up Kenting for Taipei 放棄墾丁，考慮臺北
Kenting was far away and we could not drive there every weekend from Taipei. Originally I thought maybe I could get a remote job and work in Kentng. But I had no prospects. During COVID, I worked from home for three months and liked it. But after COVID was over, my boss called me back into the office immediately. So I looked for remote work. I interviewed for one, and was turned down. I also turned down going to graduate school. My current job gave me more and more money and huge bonuses in 2021. Suddenly we had a huge savings out of nowhere. Then my tax refund of about 14,000 USD came from the IRS. We had enough money to look for a house in Taipei. We decided to give up the Kenting dream until retirement or until I found another remote work opportunity many many years in the future. We decided to look for houses in Taipei again.
Eleventh House: Current Rental in Taipei 先前租的公寓
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I will add an 11th house as our current rental at the time. We considered buying it, and asked the landlord their price. She said they purchased it for a pretty large amount recently and had also added money for renovations. In the end, it would be out of our budget. In addition, our current rental was kind of small and did not have any balconies, which are really nice for doing laundry, washing stuff, barbequing, or doing anything that you would want to do in the outdoors instead of an enclosed space. In the end we passed it up and looked for bigger and better things.
Twelfth and final house 最後一次看房子
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After the summer of Kenting Dreams were smashed, we quietly went back to Nangang and pretty much stopped looking for houses. A few months later I saw an ad for a house that looked like an okay price, about 37,000 NT per ping. The average price in that part of Nangang is about 40-50,000 NT per ping. But the total price was still a little expensive, so I let it slide. Then about a month after that, I noticed the house was still listed. I checked online and sure enough it was still there. I called the number and set up a time to see the house.
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The house was obviously old (44 years) and needed some serious renovations, especially the kitchen and the bathroom, but the area was nice, we liked to rooftop space, and the views were great. It was also bigger than our current apartment, had a guard, and was closer to the community pool and gym. Also there was plenty of parking available nearby for both scooters and cars. The house was also within walking distance of our current rental, and we could walk our kids to and from elementary school.
What really pushed us to buy was the fact that the realtor told us we could get a 20% down payment on the house because it was in Taipei City. Normally for older houses over 35 years I expected the bank would only give a down payment of 25% or 30%. I put her theory to the test and immediately called three banks: E. Sun, Fubon, and Taichung banks to get a quote. They all said that they could give me a 20% down payment. So that sealed the deal, and we decided to put down an offer.
Finally finding the right house 終於找到對的房子
I put down what we thought was a very low offer of just over 31,000 per ping (over 8 million total price) and 100,000 NT in earnest money. My offer was close to what the landlord had told us that the homeowner had rejected before, but a little higher than that. Soon the real estate agent told us the home owner was thinking seriously about it and it looked good. We fully expected from previous experience for the homeowner to continue to bargain their way up, but that did not happen. Our initial offer was accepted, the third time we had put down an offer on a house. It shocked us. The house had problems. If we were to back out then, our 100,000 NT earnest money would be gone.
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We immediately looked for repairmen, before we signed the contract. But renovations are a story for another time. The real estate agent set up a meeting with us and the homeowner that Friday, so there was not a lot of time to contemplate or back out. We knew the house needed repairs, but we had a budget for that, even if it was just a small one. We felt we had enough money for the down payment and repairs without taking out any further loans, but at the very worst we could take out a loan for renovations. So we went ahead and signed the contract with the homeowner, who actually turned out to be two people: a mother and daughter who had inherited the house. It turned out they had some inheritance taxes to pay, which worked in our favor. They were nice and the paper signing went smoothly. I also had to pay a 2% agent fee to the realtor on that day, and it was a pretty penny: 167,000 NT.
Also at the time of signing, we had to pay 10% of the price of the home into a trust account set up by the lawyer up front. It was a big amount, nearly 1 million NT, and for that payment we had to go to the bank to get a check (本票), and then give that to the lawyer. The lawyer was brought in to complete the contract signing, tax payments, registrations, and other fees. We also paid the lawyer 50,000 NT up front, and he gave us back 12,000 NT after the registration was complete, which was extra money not spent.
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Finding a bank and getting a loan 找到對的銀行，辦理貸款
After signing, we immediately looked for banks. Getting a loan was the most important step for us, most all our house buying decisions hinged on this one process. Most banks will only give an official mortgage rate and down payment percentage until after they have seen the signed purchase contract (but if you push them they will give you an estimate before you sign). My company had three banks that we worked with, and the realtor introduced another three. To see how much they could offer, I had to provide basic information such as my current job and yearly salary, age, and showing my withholding and non-withholding income tax form. They will also do an appraisal of the house value. Our asking price was much lower than all of their appraisals, and Fubon’s appraisal was even more than the house’s asking price. Here is the story for each bank:
Shanghai Bank 上海銀行: Shanghai bank was the earliest bank that I worked with. My company has a partnership with them, and I have one of their credit cards. I relied on their advice most of the time until this house. In the past they said for houses 35 years or older, the best down payment they could do was 25-30%, and a Taiwanese guarantor was needed. I confirmed this with them again, and so they were crossed off the list. There were banks that could offer better.
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Fubon Bank 富邦銀行: From the get go, Fubon bank had the best customer service. They said it was no problem I was a foreigner, and no guarantor was needed as long as I can speak Chinese. He offered me a 20% down payment and he made good on that promise. We put it on the final list of three banks that we chose to quote. He even drove to my office to let me sign papers, saving me time. However in the end the best interest rate they could offer was 1.5%, which was one of the highest that I heard of.
E. Sun Bank 玉山銀行: The next bank we tried was E. Sun. My wife has an account there with quite a lot of money. From the beginning they said they could offer a 20% down payment. We chose them as one of the final three banks. However they made us go to their bank and sign papers, which took over an hour. Part of that included asking my wife to write a hand-written letter in Chinese that she agreed to act as guarantor, which I thought was way over the top. Later they asked us to come back and re-sign a form. But by that time they had indicated that the best interest rate they could offer was 1.4%, and there was a bank with a better offer out there.
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CTBC Bank 中國信托銀行: My company also has a good relationship with CTBC bank, and my salary is paid by them. Despite this, they were just not willing to give a down payment of 20% or less. Therefore, they did not make our finalist list.
Hsin Kong Bank 新光銀行: This bank said they could offer a 20% down payment, but they were flaky when it came to when that would happen. They said at the end of the year there would be a limited number of spots for buying houses and we would have to wait in line. That just plain scared us away.
Taichung Commercial Bank 臺中商業銀行: I called Taichung commercial bank and they said that they could offer a 20% down payment, but their interest rates were much higher, from 1.47-1.8% which was the highest interest rate we heard of. There were better offers out there so we passed them up.
Changhua Bank 彰化銀行: Changhua bank was actually one of the first banks I called. My company also works closely with them. My initial call was well received and the lady was very helpful. The second call I forgot to state which company I was from, and they told me for an older house, the best down payment they could do was 25%, so I held off. But after our offer was accepted, I decided to call a third time because of the warm reception I got on the first call. Once they knew my company, they immediately became warm and friendly again. They said they would try to get my home loan down to a 15% down payment and 1.31% interest rate, which were both the best I ever heard of. However a Taiwanese guarantor would be needed, but my wife could fill that role even without any income. Turns out my boss has a very good relationship with them and they were very hungry for business. This bank turned out to be the most promising.
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We ended up choosing three banks to proceed: Fubon, Changhua, and E. Sun. The reason we chose three was just in case one or the other did not offer the 20% down payment, we could have a backup, because without the 20% down payment we would be broke. They recommend not choosing more than three, because the banks can see on the government website how many other banks are searching your credit history information, and if there are too many the bank may get scared away and think you do not have a good credit record (there are no credit scores in Taiwan, but this information is still available to banks). If we wanted to back down at this point, we would still have to pay half the price of the house according to the contract. We asked all three banks for an official quote and waited. In the end, Changhua had the best rate of 1.31% interest rate and a 15% down payment. We chose Changhua, and turned down the other banks, none of which could match what Changhua was offering.
I’m not saying Changhua is the best bank. If it were not for my relationship with my boss, we would have turned them down from the start and gone with Fubon or E. Sun. Guanxi is king in Taiwan.
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We visited Changhua Bank three times in person. The first time was to apply for a loan and open a bank account, the second time was to finalize papers and get homeowners insurance, and the third time was to wire the mortgage to the previous homeowner. They gave me a card and my wife signed her life away as the Taiwanese guarantor. It was slow and everything was done with paper, nothing electronic.
Foreigner laws 外國人的程序
Foreigners can only buy real estate in Taiwan if their home country or state has reciprocal laws.
Most foreigners in Taiwan buy a house under their Taiwanese spouse’s name. This saves about 15 days out of the whole process.
It took me an especially long time because I did not have a valid driver’s license.
Because I am a US citizen, I needed to prove which state I lived in, because not all states have reciprocal laws with Taiwan. The birth city on my passport was not enough, however the lawyer thought it was. A few weeks into the process he said the application for home ownership was rejected and I needed to provide more documents.
After the application was rejected from the government, I had to prove which state I was a resident of. I gave them everything I had, but I had no current driver’s license, and my diplomas and mail from my parent’s house in my name and everything else was not enough to prove my residency in a state. The only thing that saved me was that I was a registered voter in Washington. I showed them a printed and translated screenshot of the voter registration website with my name on it, and that was good enough. So, if you plan on buying realty in Taiwan, make sure you have a valid driver’s license in your home state, or you have voter registration in your home state, and make sure your home country or state has a reciprocal agreement with Taiwan.
Here is a list of reciprocal agreements with Taiwan: file:///D:/Documents%20and%20Settings/User/Downloads/list+of+reciprocal+nations+for+foreigners+acquiring+land+in+tawain.pdf
Finalizing the Ownership 最後的程序
After this hurdle was cleared, the lawyer moved on with the approval for the ownership papers for the land and the house itself.
Normally you have to wait until the bank wires in the mortgage amount before you can finish the transfer of ownership process. However because we wanted to move in early and start renovations as soon as possible to finish before Chinese New Year, and the house was just sitting there empty, the homeowner agreed to give us the keys early.
During the second meeting with the old house owner, basically we just signed an agreement that said she would give me the keys early, and the house was basically mine.
After I received the keys, it took about three days for us to sell off our index funds and make the remaining 5% down payment (over 500,000 NT) to the trust account.
A few days after that, the bank gave approval, the Lawyer could then go ahead with the home owner registration change.
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The ownership papers (所有權狀) were received by the Lawyer soon after. We received one for the house itself and one for the land. This is known as transfer of ownership (過戶). Three days later we set up the last meeting with the home owner to do the final handover of the house (交屋). At that time, the homeowner gave me some leftover keys, utility bills, and showed me some photos of the house after it was just built. It was a good experience, and I left the realtor that night as a homeowner with all the official papers.
Registering as a residence for self use 辦理自用住宅
Right after we received the ownership document above, we went ahead and registered the residence for self use. This is important because if you want to sell the house later (which we had no plan for, but you never know) you will be able to use a 10% tax rate after six years of ownership, and have a 4 million NT deduction on profits, so pretty much for most people that would mean paying little to no tax after selling your house (you can only register for once such house at a time). So it is definitely worth it to do this step.
Before you register your house you need to change the address on your ARC to the address on the ownership documents, or if you are married to a Taiwanese national they can complete house registration first. Because it takes 10 days to change the ARC address, we first had my wife complete household registration and use that for the basis of the residence registered for self use.
The official letter stating that the registration had been completed came back a few days later.
Timeline For Buying a House 買屋時程表：
10/19/2020 First time seeing houses in person, the Heshun house 第一次去看和順街的房子
10/19 Saw house #2
10/29 Saw house #3
11/15 Saw house #4
11/20 Saw house #5
3/19/2021 Saw house #6
5/10 Saw houses #7, #8, and #9
8/301 Saw house #10
10/9 First time seeing the house we eventually bought 第一次去看我們買的房子
10/14 Asked around a few banks, and 20% down payment seemed doable. 問了三家銀行都能貸8成
10/14 Originally going to put down earnest money but lost my bank card 本來下班就要付斡旋金蛋提款卡不見
10/15 Went to the bank to get a new ATM card and put down 100,000 NT in earnest money. 去銀行辦新的提款卡，之後馬上下斡旋金10萬
10/19 The realtor told us the homeowner accepted our offer. We set up a meeting for the next day to sign papers. 房仲通知說屋主接受了我們的價錢，約隔天晚上去簽約
10/19 Went with a contractor to look at the house 跟汐止工程師去看房子
10/20 Went to the bank to get a check for 1 million NT 去銀行開本票100萬
10/20 Signed the home purchase agreement that night. 晚上簽約了
10/20 Paid realtor fee of 167,000 NT (the earnest money of 100,000 NT already counted, so I paid another 67,000 NT. 付清仲介費 167400（本來已經付了10萬，付剩下6萬多）
10/20 Also paid 50,000 NT to the lawyer as a retainer fee 預付5萬塊給代書
10/25 Set up a meeting with Fubon Bank for a loan quote, took only ten minutes 跟富邦銀行見面只花10分鐘
10/27 Set up a meeting with E. Sun bank for a loan quite, took an hour 去玉山銀行簽文件花了一個小時
10/27 Set up a meeting with Chuanghua Bank, it took an hour and a half but they also set up a new account for me. They said they would try to give me a 15% down payment and 1.31% interest rate. 去彰化銀行花了一個半小時簽文件跑預估，開戶，預估8.5成1.31利率，晚上白跑去新房子
11/2 Changhua Bank Confirmed they would give me a 15% down payment and 1.31% interest rate, with three year deferred principal payments. 彰化銀行確定可以貸8.5成，利率1.31，3年寬限期
11/10 After getting my state of residency sorted, the lawyer told us to wire 10% to him, but we didn't want to because we had a better down payment percentage. 代書說要匯款88萬給他，但我們不想要先付這個因為可以貸8.5成
11/12 Received the keys to the apartment early from the previous owner to being renovations early. Paid the remaining 5% nonpayment. 提早拿到鑰匙，為了裝修，之後幾天付了剩下的5%頭期款
11/18 We made the payment for the reaming 5% down payment 5%, or 500,000 NT 尾款匯錢50萬
11/24 We went and signed the official loan contract with Changhua Bank, bought house insurance 去彰化銀行簽約, 對保
12/01 Received House Insurance Papers拿到房屋保險
12/07 Received the House Ownership Certificate 拿到所有權狀，過戶了
12/10 Signed the last papers at Changhua Bank who sent me nearly 8 million NT, I wired this to the trust account for the homeowner 跟銀行簽約了貸款800萬，馬上匯錢800萬給履約保障戶
12/10 Changed the name for the electric bill 台電過戶了
12/10 Last time meeting the previous homeowner, gave us the rest of the keys, and the lawyer gave us back 9000 NT. 跟屋主見面，交屋了，代書退我9000塊，拿到信箱的鑰匙
12/20 Applied for house registration for my wife, and self use house for tax purposes 辦戶籍，申請自用住宅
12/22 Self use house registration complete 辦好自用住宅
12/24 Changed driver's license and APRC at DMV and immigration office 去監理所辦地址變更，去移民署辦新的居留證
1/20 Renovations complete 整修完成
1/29 Moved in to the newly renovated house. 搬進去了
2/14 Gave back the keys to our old apartment to our landlord 跟房東點交
Total time spent from looking for the first house in person to buying our house: 14 months
Total time spent from first look at our house to move in: 112 days
Total time spent from signing the contract to receiving the ownership papers: 52 days (originally was supposed to be 60 days, for most Taiwanese people it is 45 day)
Total fees spent (besides the 10% payment in the first meeting (1 million) + 5% in the second meeting (500,000) for a total 15% down payment): 167,400 realtor fee + 38,351 lawyer fee and legal/tax fees = 205,751 NT
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Above is the receipt for the Realtor fee.
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Above is the receipt for the lawyer fees, which included some taxes. This is also known as transfer of ownership fees (過戶費).
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Renovation Fees 裝修費用
Let me just say you need to save at least another 300,000 to 3 million NT or more for renovations, new appliances, and new furniture, depending on the state of the original house. If you do not have this money up front, you can take out another renovation loan from the bank which also has a low interest rate, but it is better to have the money up front so you are not paying two loan payments at once.
Because we got the 15% down payment, we had extra money for renovations. Our house needed a lot of work, such as new floors, plumbing, electricity, windows and we wanted to add an extra bedroom, so it took two months to finish before we could move.
For more details on our experience renovating our house, check out our blog here.
Conclusion 結論
Buying a house was not that hard. It was just a matter of time, money, and paperwork, lots of trips to the bank, money, meetings with the realtor, and most of all money. Contrary to my previous beliefs, I learned that getting a loan and buying a house is not that hard, and it can be achievable especially if you have good connections with a bank and you have saved money up front.
Next in this three part blog series is renovating a house in Taiwan, which you can check out here.
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8 Comments
Lisa Scott
2/27/2022 05:12:58 pm
This story was very interesting for me and also taught me a lesson, because I don't know why I always fantasize about buying one in Taiwan even though there is only a 10% chance it will happen but I wouldn't give up for my hope. I just trust on myself it will happen, no matter how it will work. 99% just waiting for miracle come to me., 🙏🙏🙏🙏
Reply
stephenalex
3/5/2022 02:32:34 pm
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Shannon Mattingly
3/6/2022 12:42:46 pm
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Reply
piedlourde
4/3/2022 02:35:51 pm
Here's the link to reciprocal agreements:
https://www.tycg.gov.tw/websitedowndoc?file=land_en/201712131757310.pdf&filedisplay=List+of+Reciprocal+Nations+for+Foreigners+Acquiring+Land+in+Tawain.pdf
Reply
Lawrence
5/3/2022 05:31:22 pm
I have a quick question. Now that your an owner of a house in Taiwan, do you or would you file taxes in US? If so would you file the housing with it?
Reply
Grace
7/26/2022 09:12:08 pm
Hi there, I came across your blog post when I was trying to google about foreigners applying house loan in Taiwan. May I know if you have Taiwan citizenship? I only have ARC since my home country doesnt allow dual-citizenship, and it seems because of that I couldnt get 80-85% loan...
Reply
FS
12/11/2022 03:16:12 pm
Super awesome and helpful. Thank you!
Reply
Kevin Brown
1/6/2023 06:41:07 pm
you should write a book
your article is the framework
it just needs expanding
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====================================================================
29 mar 2025 9:21 pm est :
---https://www.housebeautiful.com/design-inspiration/real-estate/g62855429/countries-will-give-you-citizenship-residency-for-buying-property/
from google ( country land owner need citizenship ) result 1
property-investor get citizenship
scriber : megan-shouse
publish-date : 17 nov 2024
uae 545,000 usd
turkey 400,000 usd
dominica 200,000 usd
st-kitts-and-nevis 325,000 usd
antigua-and-barbuda 300,000 usd
grenada 270,000 usd
vanuatu 200,000 usd
st-lucia 300,000 usd
greece 250,000 euro
spain 500,000 euro
malta 300,000 euro
hungary 500,000 euro
colombia 117,000 usd
brazil 140,000 usd
cambodia 100,000 usd
anguilla 750,000 usd
cayman-islands 2.4 mega-usd
curacao 280,000 usd
cyprus 300,000 euro
namibia 365,000 usd
turks-and-caicos 300,000 usd
andorra 350,000 euro
==================================================
---https://www.nbcmiami.com/news/local/desantis-signs-bill-banning-countries-of-concern-from-buying-land-property-in-florida/3030244/
from google ( country block foreign citizen land owner ) page 3 number 8
DeSantis Signs Bill Banning ‘Countries of Concern' From Buying Land, Property in Florida
Lawmakers passed the measures targeting foreign countries of concern — China, Cuba, Iran, North Korea, Russia, Syria , Venezuela —
during the legislative session and drew opposition from some Chinese Americans.
By News Service of Florida • Published May 8, 2023 • Updated on May 8, 2023 at 7:49 pm
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Gov. Ron DeSantis signed 3 bills intended to curb influence of Chinese government in Florida and target other foreign “countries of concern.”
NBC6’s Alyssa Hyman reports
The measures will restrict land ownership in Florida by Chinese citizens, ban the use of Chinese-owned social media platforms such as TikTok and
WeChat on government devices and further limit colleges and universities from building relationships with foreign “countries of concern” such as China.
DeSantis said the legislation, which will take effect July 1, “makes it very clear we don't want CCP (the Chinese Communist Party) in
Sunshine State.”
“They have established a position of economic might, of industrial hegemony, and their military is far stronger today than it was 20 or 25 years ago,”
DeSantis said during a bill-signing event in Brooksville “They have a leader who's very ideological and is intent on expanding CCP influence,
not just in their region but even around the globe.”
DeSantis, who has been working to build international credentials ahead of an anticipated presidential run in 2024, blamed “elites in our own country”
who for a generation have favored “short-term profits” with China. He did not specify the individuals.
Lawmakers passed the measures targeting foreign countries of concern --- China, Cuba, Iran, North Korea, Russia, Syria and Venezuela ---
during the legislative session that ended Friday and drew opposition from some Chinese Americans.
The most-contentious measure (SB 264) seeks to largely prevent Chinese citizens from purchasing land in Florida.
The legislation would allow Chinese citizens with non-tourist-visa to acquire single parcels that are under 2 acre and located at least 5 mile
from military installations.
Local
6 to Know
11 hours ago
6 to know – Top stories of the day
What's Being Built Here
Mar 21
What's being built here? Inside look at the South Florida construction projects in your neighborhood
In voting against the legislation last week, House Minority Leader Fentrice Driskell, a Tampa Democrat who is an attorney, called the bill
“overly broad” and warned it could result in lawsuits by “veering into the area of national origin discrimination.”
The legislation also seeks to prohibit governments, citizens and businesses from foreign countries of concern from acquiring agricultural land
in the state. Also, it will prohibit the sale of property located within 10 miles of military bases and other critical infrastructure ---
seaports, airports, power plants and water treatment facilities --- to interests tied to the Chinese government or other foreign countries of concern.
Meanwhile, DeSantis signed a bill (SB 258) that expands on a September 2022 executive order directing the state Department of Management Services
to create a list of prohibited social-media applications that it considers security risks and to block access on state-owned wireless networks.
The bill came amid a national debate about restricting access to the widely popular TikTok app for security reasons.
Also, DeSantis signed a measure (SB 846) that, in part, will ban state colleges and universities and employees from accepting gifts
from such things as colleges based in foreign countries of concern. It also would restrict state colleges and universities from entering
into agreements with their counterparts in foreign countries of concern.
State university system Chancellor Ray Rodrigues touted the new law as “preventing certain countries from being able to “exploit the academic freedom
that we have here” in Florida.
If a college or university entered into an agreement without approval, the State Board of Education or the university system’s Board of Governors
could sanction the schools or withhold what is known as performance funding, which can amount to tens of millions of dollars in some cases.
The law expands on a 2021 law that created new reporting requirements for entities seeking grants or contracts from the state.
News Service of Florida
==================================================================================================================================
---https://www.quora.com/Will-the-Australian-government-automatically-grant-Australian-visas-or-citizenship-to-anyone-who-requests-it-due-to-COVID-19
from google ( covid more foreigner get australia citizenship ) result 3
Profile photo for Brian Kennedy
Brian Kennedy
simple fellow enjoying the quiet life in Brisvegas.Author has 1.2K answers and 2.9M answer views4y
Related
Why is the Australian government currently giving Hong Kongers visas and citizenship in this pandemic? Is it a wise move?
Just to clarify your question here Australia is only offering visas and citizenship to existing Hong Kong residents that are currently in Australia.
What they are offering is extended visas to Hong Kong students and temporary skilled persons, is an immediate 5 year visa extension
with a clear path to permanent residency here in Australia.
There are about 10,000 here currently in Australia that could if they wish avail themselves of this offer.
There is a further offer on the table and that is aimed at attracting any Hong Kong business that wishes to leave Hong Kong and
re-establish their business in Australia.
Is a wise move?
Well it wont be seen as such by the Chinese Government, however it does create an opportunity for an existing Hong Kong resident
who feels their business future may be better in the long term if they relocate here. Same applies to the 10,000 students and workers
that have visa’s and they now have a choice to stay or return.
In the end everyone will make decisions that they feel are best for their personal situations and long term futures.
Profile photo for Ian Williams
Ian Williams
Former Journalist & Sub-editorAuthor has 2.1K answers and 4.1M answer views4y
Related
Why is the Australian government currently giving Hong Kongers visas and citizenship in this pandemic? Is it a wise move?
For all that we see in the media, the policy would actually be in flux, not set in stone.
One big question in this era of coronavirus is: How would Australia manage an influx of refugees from Hong Kong when we are already stopping Australian citizens from returning home?
Then, there is the question of how many Hong Kong residents actually want to leave?
There is a whole range of answered questions looming for the future. So, talking about the “wisdom” of it all seems premature.
Maybe it will be historians who decide whether policies now being considered were wise after everything is “done and dusted”.
==============================================
---https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/skilled-independent-189/hong-kong#Overview
from google ( australia give citizenship to hongkong ) result 5
Skilled Independent visa (subclass 189)
Hong Kong stream
This visa lets eligible Hong Kong or British National (Overseas) passport holders who have demonstrated commitment to Australia, live and
work in Australia permanently.
Overview
About this visa
Eligibility
How to Apply
When you have this visa
Have an eligible visa
You must hold an eligible visa at the time your visa application is made, and you must have held that visa for at least 4 years prior to that date.
Multiple visas, including visas of the same subclass, cannot be combined to meet this requirement.
An eligible visa is a subclass 457, 482 or 485 visa that was granted to you on the basis of satisfying the primary criteria.
If your eligible visa was granted before 9 July 2020
Your visa must not expire after 8 July 2025.
If your eligible visa was granted on or after 9 July 2020
Your visa must be valid for 5 years.
Hold this passport
You must hold a Hong Kong or British National (Overseas) passport at the time your visa application is made.
Lived in Australia for 4 years
You must have been usually resident in Australia for a continuous period of at least 4 years immediately before the date of your application.
The place that a person is 'usually resident' in is assessed by taking into account their physical residence (where the person eats, sleeps,
has a home) and the person's intention to make that place their home.
Have complied with conditions of your eligible visa
You must have complied with the conditions attached to your eligible visa when in Australia. This requirement applies for the whole period
you hold the visa(s).
Have this level of English language
At the time we make a decision on your application you must :
have functional English, or
pay the second instalment of the visa application charge when we ask for it.
Meet our health requirement
You and any family members who apply for the visa with you must meet our health requirement.
Family members not accompanying you to Australia may also need to meet the health requirement.
Meet our character requirement
You and family members aged 16 years and over who apply for the visa with you must meet our character requirement.
We will also need other family members not accompanying you to Australia to meet the character requirement.
Sign the Australian values statement
If you are 18 years of age or older, you must:
have read, or had explained to you, the Life in Australia booklet and
sign an Australian Values Statement that confirms you will respect the Australian way of life and obey Australian laws.
Have paid back your debt to the Australian Government
If you or any family members (including those who do not apply for the visa with you) owe Australian Government money, you or they must
have paid it back or arranged to pay it back.
Not have had a visa cancelled or a previous application refused
We will consider your immigration history when we make a decision on your application, which means you might not be eligible for this visa
if you have had a visa cancelled or refused.
In some circumstances you may still apply for a permanent visa if you have had a visa cancelled or an application refused see Limitations
on applications in Australia (129KB PDF).
If applying for a visa from outside Australia see Can I go to Australia.
If you want immigration assistance, see Who can help with your visa application.
======================
---https://www.reddit.com/r/worldnews/comments/hprtov/australia_to_offer_10000_hong_kongers_chance_at/
from google ( australia give citizenship to hongkong ) result 9
---https://www.scmp.com/yp/discover/news/global/article/3257404/australia-offers-permanent-residency-680-hongkongers-second-year-migration-scheme-nearly-double
from google ( australia give citizenship to hongkong ) result 10
Australia offers permanent residency to 680 Hongkongers in 2-nd year of migration scheme, nearly double first intake
Listen to this article
More than 1,000 Hongkongers have applied since scheme’s 2022 introduction following implementation of national security law
Australia has exempted Hongkongers in the country from tightened language requirements for graduate work visas, but some worry over new age rules
SCMP |
Published:
9:54pm, 31 Mar, 2024
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Hong Kong
Australia granted permanent residency to 680 Hongkongers in 2-nd year of a bespoke immigration scheme launched after Beijing imposed
national security law on the city in year 2020.
Australia’s Department of Home Affairs told the Post the visas were granted between March 2023 and February 2024, reaching nearly double
the 370 offers in the scheme’s first year.
Australian government has also said that Hongkongers applying for temporary graduate work visas leading to permanent residence will be
exempted from tougher new English-language requirements that came into effect for all other applicants from March 23.
1,300 Hongkongers accepted by Australia talent scheme offering fast track permanent residency
Under the bespoke scheme introduced 2 year ago, Hong Kong and British National (Overseas) passport holders who have graduated in Australia
and worked in aussie for 3 or 4 year are eligible to apply for permanent residency.
Since 5 mar 2022, aussie has received 1,184 applications and some are still being processed, according to the department.
Fewer than 5 were rejected in the second year, but the reasons were not revealed.
Under the scheme, foreigners graduating from Australian universities have to secure temporary graduate visas to remain in the country
for 3 or 4 years before becoming eligible to apply for permanent residency.
Australian government caused some to worry when it announced last December that it was tightening English-language requirements
for temporary graduate visa applicants.
Since March 5, 2022, Australia has received 1,184 applications for its bespoke immigration scheme for Hongkongers; some are still being processed.
Photo: ShutterstockSince March 5, 2022, Australia has received 1,184 applications for its bespoke immigration scheme for Hongkongers;
some are still being processed. Photo: Shutterstock
It said that from March 23, they would need a minimum score of 6.5 out of a maximum of 9 marks in a language test, instead of 6 marks previously.
But Hong Kong and British National Overseas (BNO) passport holders would be exempted from that tightened requirement, authorities said.
The government also announced in December that the maximum eligible age for a temporary graduate visa would be reduced from
50 to 35 as part of its efforts to fix what it described as a “broken” migration system.
Hong Kong kindergarten applications fall by 1/3 versus last year; falling birth rate and emigration wave key factors
That sparked concerns among mature students from Hong Kong who were hoping to settle in Australia.
SCMP has approached Home Affairs Department to confirm whether that lowered age limit will be applied to Hongkongers studying in the country.
Australia-based Jane Poon, a leader of the community group Australia-Hong Kong Link, said the new age limit had left many students
from Hong Kong worried, especially those over 30.
“Most of the 30-somethings who went to Australia to study with their spouses and children originally planned to use this bespoke pathway
to settle there,” she said.
Housing crunch forces Canada to cap foreign student permits for 2 years; proposal to cut intake by 1/3
Poon said her group and some activists from Hong Kong had expressed their concerns to the Home Affairs Department.
She said they were assured by department staff that “the Australian government would not undermine the bespoke pathway for Hongkongers”.
Australia , Britain , Canada created special immigration pathways for Hongkongers after Beijing imposed national security law ,
which banned acts of secession , subversion , terrorism , collusion with foreign forces.
UK government had approved 191,158 British National (Overseas) Visas for Hongkongers as of December 2023. They will be allowed to work,
study and live in Britain, and are eligible to apply for citizenship after 6 year.
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Comment
In this article:
Hong Kong
Emigration and life abroad
National security law
==================================================================================================================
---https://www.quora.com/Are-there-any-countries-that-dont-allow-dual-citizenship-If-so-how-does-a-person-lose-their-original-citizenship-when-they-become-a-citizen-of-another-country
from google ( country not allow dual citizenship ) result 7
Are there any countries that don't allow dual citizenship? If so, how does a person lose their original citizenship when they become a citizen of
another country?
Profile photo for John Andresen
John Andresen
Professional Travel Editor. Worked in Interpol.Author has 6.8K answers and 22.8M answer views1y
Originally Answered: Which countries do not accept dual citizenship?
In Congo, Djibouti, Cuba, Ethiopia, Haiti, India, Indonesia, Iran, Japan, Kuwait, Kazakhstan, Monaco, Singapore, Oman, Qatar, Saudi Arabia, Nepal,
Mozambique and Zimbabwe, one automatically loses citizenship when acquiring citizenship from another country.
Countries that do not recognize dual citizenship are:
1- Andorra
2- Azerbaijan
3- Bahamas
4- Bahrain
5- Belarus
6- Botswana
7- Bhutan
8- China
9- Cuba
10- Congo
11- Djibouti
12- Ethiopia
13- Haiti
14- India
15- Indonesia
16- Iran
17- Japan
18- Kazakhstan
19- Kuwait
20- Kyrgyzstan
21- Laos
22- Macau
23- Malaysia
24- Marshall Islands
25- Micronesia
26- Monaco
27- Mongolia
28- Mozambique
29- Myanmar
30- Nepal
31- North Korea
32- Oman
33- Papua New Guinea
34- Qatar
35- San Marino
36- Saudi Arabia
37- Singapore
38- Slovakia
39- Solomon Islands
40- Swaziland
41- Tajikistan
42- Thailand
43- Tonga
44- Turkmenistan
45- Ukraine
46- Uzbekistan
47- United Arab Emirates
48- Venezuela
49- Vietnam
50- Yemen
51- Zimbabwe
[source : https://www.worldatlas.com/articles/countries-that-don-t-recognize-dual-citizenship.html from google ( country not allow dual citizenship ) result 10 ]
=================================
---https://www.globalpropertyguide.com/europe/monaco/buying-guide
from google ( buy house in monaco citizenship requirement ) result 2 -> ppl also ask -> Can a US citizen buy a house in Monaco?
Buying Property in Monaco as a Foreigner
Heigo Protten
January 10, 2025
Who can buy property in Monaco?
In Monaco, there are no specific restrictions on who can purchase property. Both residents and non-residents, including foreigners, are allowed to buy property in Monaco.
Monaco also offers a residency program. The main rules to obtaining residency are:
Proof of accommodation (of a property you rent or own in Monaco)
Proof of funds (usually requires a deposit of 500,000€ in a Monaco bank account)
Clean criminal record
Do the research
Much of the available property in Monaco and Monte Carlo is apartments, from small studios to large luxury triplexes and penthouses.
Those overlooking the harbor and Formula 1 circuit are naturally more expensive. There is also a selection of luxury villas and beautiful townhouses and these are, of course,
even more valuable.
Even though Monaco is tiny in size, it does offer variety in its different districts:
Monte Carlo - The prime residential real estate market which is famous for its Place Du Casino. You can find high-end apartments, penthouses and some of
the most expensive properties in the world.
La Condamine - is popular with professionals and families due to its central location and active lifestyle.
Fontvieille - is a relatively newer area, built on reclaimed land, offering modern infrastructure and a quieter vibe. Great for families and those looking for a calmer environment
Where to find properties online:
https://www.montecarlo-realestate.com/en
https://www.jamesedition.com/real_estate/monaco
Financing
Monaco is known for being open towards foreign investors and local finance institutions are very experienced in dealing with international clients, hence securing financing
should not be a problem. However, keep in mind that in most cases a quite substantial down payment (30-50%) can be expected.
Property Visits and Written Offer
As is the case with any real estate purchase, it is essential to visit the properties that fall under your initial selection to make sure everything meets your requirements.
Once a suitable property is found, a written offer needs to be submitted to the seller (usually done by the representing agent). Once the offer is accepted, it becomes binding
to both parties and a formal preliminary contract will be drawn up by a Monagasque lawyer.
Initial Deposit and Final Contract
After the preliminary contract has been signed, a deposit (usually 10%) will be paid by the buyer to an escrow account which is managed by the notary.
The notary then will carry out due diligence checks on the property and the final sales contract is signed before the notary. The rest of the sales price along with
any agency and notary fees is then paid and the title deed gets transferred to the buyer.
Property Buying Costs and Taxes in Monaco?
Transaction Costs
Who Pays?
Transfer Tax 4.50% - 6.50% buyer
Notary's fees 1.50% buyer
Estate Agent's Fee 0.00% - 3.00%
5.00% buyer
seller
Costs paid by buyer 6.00% - 11.00%
Costs paid by seller 5.00%
ROUNDTRIP TRANSACTION COSTS 11.00% - 16.00%
Source: Global Property Guide
=====================================================================================================================================
---https://www.azmilaw.com/insights/strategic-guide-for-foreigners-in-acquiring-residential-properties-in-malaysia/
from google ( foreigner buy agricultural land in malaysia ) result 1
...
Section 433B of the NLC require non-citizens and foreign companies to seek State consent before acquiring any land in Malaysia.
Therefore, foreigners intending to acquire properties in Malaysia must first obtain the State consent from the State Authority
where the property is located.
Oct 4, 2024
....
Malaysia, a country known for its rich cultural heritage, diverse ethnic groups and picturesque natural landscapes, has consistently lured the interest of both tourists and expatriates. The country’s strategic location, combined with a blend of modern infrastructure and tradition, along with a favourable investment environment, makes Malaysia an ideal choice for foreigners looking to acquire residential properties. Various policies have been established to encourage foreign investments in Malaysia’s real estate market. However, acquiring property in an unfamiliar country requires a sufficient understanding of the country’s legal requirements specific to foreign property buyers. This article looks to provide a strategic guide for foreigners intending to acquire residential properties in Malaysia, ensuring informed decision-making.
Legally, acquisition of residential properties by foreigners in Malaysia (“Foreign Acquisition”) is governed by the National Land Code 1965 (“NLC”), the Economic Planning Unit (“EPU”)’s Guidelines on the Acquisition of Properties (“EPU Guidelines”) and regulations issued by each State relating to land matters. The NLC provides for land ownership by non-citizens or foreign companies1, while the EPU Guidelines explains the procedure for property acquisition, including by foreigners. The Foreign Acquisition, however, does not require approval from the EPU.2 As land matters fall under State jurisdiction, States may impose other requirements on the Foreign Acquisition.
General Requirements & Restrictions for the Foreign Acquisition
Type of Properties
According to the EPU Guidelines, foreigners are generally prohibited from acquiring the following property types3:
1) Properties valued at less than RM1,000,000 per unit;
2) Residential units under the low-cost and medium-low-cost categories as determined by State Authorities;
3) Properties built on Malay Reserved Land; and
4) Properties allocated for Bumiputera ownership in a development project as determined by State Authorities.
Minimum Threshold
The minimum threshold for the Foreign Acquisition varies according to State. The following are some examples of the minimum threshold in Wilayah Persekutuan Kuala Lumpur, Selangor, Pulau Pinang and Johor:
However, in the State of Pulau Pinang, the Penang Housing Board (LPNPP) has extended the Home Ownership Campaign (“HOC 3.0 Plus”) until 31 December 2024. Under the HOC 3.0 Plus, foreigners are given the opportunity to acquire overhang properties in Pulau Pinang at a lower threshold, ranging from RM400,000 to RM1.5 Million.8
According to the National Property Information Centre (NAPIC) under the Valuation and Property Services Department, Ministry of Finance, “property overhang” refers to residential, commercial and industrial units that have been completed and issued with a Certificate of Completion and Compliance/Temporary Certificate of Fitness for Occupation but remained unsold for more than nine months after it was launched for sales on or after 1st January 1997.
State Consent
As previously mentioned, land matters fall under state jurisdiction. Section 433B of the NLC require non-citizens and foreign companies
to seek State consent before acquiring any land in Malaysia. Therefore, foreigners intending to acquire properties in Malaysia must
first obtain the State consent from the State Authority where the property is located. Since it involves different States, the approval process
may vary in terms of complexity, timeframe and application fee. However, the appointed solicitors will typically assist with the State consent process.
Important Factors to be Considered for the Foreign Acquisition
Malaysia My Second Home (“MM2H”)
For foreigners who do not intend to acquire residential properties as an investment but rather for relocation purposes,
MM2H program is the ideal option. Through the MM2H program, foreigners may be able to acquire residential properties at prices
that may fall below the minimum threshold, depending on the State. That said, the process for applying to the MM2H program
is not straightforward. It involves a strict and lengthy application procedure, with applicants required to meet specific financial criteria,
including liquid assets and monthly income requirements.
Financing Options
According to Central Bank of Malaysia (“BNM”)’s Foreign Exchange Policy Notices (Notice 2 – Borrowing, Lending and Guarantee) and
Frequently Asked Questions (FAQ) on Non-Resident Borrowing in Malaysia (Notice 2), a non-resident is allowed to borrow from local banks
to finance the purchase of immovable property in Malaysia.9 However, obtaining such financial assistance from Malaysian banks is subject
to specific conditions, which may include limits on the financing margin and a stricter approval process for foreigners.
Stamp Duty
It is important to highlight the applicable stamp duties that the Foreign Acquisition is subject to when transferring property ownership.
The stamp duty rates for property sale and purchase transactions, including those involving foreigners, are provided under the Stamp Act 1949.
Following the announcement of Malaysia Budget 2024,10 effective from 1 January 2024, non-citizens and foreign companies (excluding permanent residents)
are subject to a flat rate stamp duty of 4% on instruments of transfer.11
Real Property Gains Tax (“RPGT”)
Furthermore, foreigners who have previously acquired residential property in Malaysia and intend to sell it are subject to the RPGT.
RPGT rates for foreigners are provided under the Real Property Gains Tax Act 1976 as follows12:
Foreign Acquisition in Summary
Conclusion
As Malaysia continues to intensify its efforts in becoming a preferred investment destination, it would be wise for foreign property buyers
to take advantage of the current favorable investment environment. By having sufficient understanding of the requirements involved,
foreign investors can strategically acquire residential properties in Malaysia. For potential foreign property buyers, seeking legal advice
is prudent to ensure smooth management of the process.
=============================
---https://www.sla.gov.sg/regulatory/foreign-ownership-of-property
from google ( foreigner buy land in singapore ) result 1
Foreign Ownership of Property
To note:
This is the official website on matters relating to foreign ownership of residential property in Singapore and the Residential Property Act. Please refer to this source of information as other sites may contain information that is not up-to-date.
The general processing time for applications is about one (1) month from the date we receive all the relevant documents and information required to process the application. Applications are to be submitted early as some applications may take longer to process. An application for in-principle approval can be submitted at https://app.sla.gov.sg/ldau1 if no specific property has been identified.
Legal personal representatives are to take note of the deadline involving foreign beneficiaries in estate matters under section 3(4) of the Residential Property Act. Please direct queries to the Land Dealings Approval Unit.
A foreign person who wishes to purchase a landed residential property, in Singapore, including at Sentosa Cove, is required to seek approval
under the Residential Property Act. All applications have to be submitted online here.
WHO IS CONSIDERED A FOREIGN PERSON UNDER THE RESIDENTIAL PROPERTY ACT?
A foreign person means any person who is not any of the following:
Singapore citizen;
Singapore company*;
Singapore limited liability partnership*; or
Singapore society*.
*Please see FAQs on Clearance Certificate for the purchase of landed residential property
WHAT ARE THE CRITERIA FOR APPROVAL?
Each applicant is assessed on a case-by-case basis, taking into consideration, including but not limited to, the following factors:
You should be a permanent resident of Singapore for at least 5 year; and
You must make exceptional economic contribution to Singapore. This is assessed taking into consideration factors such as your employment
income assessable for tax in Singapore.
TYPES OF PROPERTY FOR WHICH A FOREIGN PERSON MUST SEEK APPROVAL TO PURCHASE UNDER THE RESIDENTIAL PROPERTY ACT
Vacant residential land;
Terrace house;
Semi-detached house;
Bungalow/detached house;
Strata landed house which is not within an approved condominium development under the Planning Act (eg. townhouse or cluster house);
Landed residential property at Sentosa Cove;
Shophouse (for non-commercial use);
Association premises;
Place of worship;
Worker’s dormitory/serviced apartments/boarding house (not registered under the provisions of the Hotels Act); and
Commercial & Residential properties - please click here for FAQs on Commercial & Residential properties.
TYPES OF PROPERTY FOR WHICH A FOREIGN PERSON CAN PURCHASE WITHOUT APPROVAL UNDER THE RESIDENTIAL PROPERTY ACT
Condominium unit;
Flat unit;
Strata landed house in an approved condominium development;
A leasehold estate in a landed residential property for a term not exceeding 7 years, including any further term which may be granted by way of an option for renewal;
Shophouse (for commercial use);
Industrial and commercial properties;
Hotel (registered under the provisions of the Hotels Act); and
Executive condominium unit, HDB flat and HDB shophouse. (For this category, you may wish to find out more information on HDB eligibility guidelines at hdb.gov.sg.)
PUBLICLY LISTED HOUSING DEVELOPERS WITH SUBSTANTIAL CONNECTION TO SINGAPORE TO BE EXEMPTED FROM QUALIFYING CERTIFICATE REGIME
Publicly listed housing developers can apply for exemption from the Qualifying Certificate regime on the basis that they have a substantial connection to Singapore. Subsidiaries and/or joint ventures that are wholly-owned by exempted entities can also submit an application for an exemption. All applications will be assessed on a case-by-case basis. An application can be submitted by submitting the form found here to the Controller of Residential Property via SLA_LDU@sla.gov.sg.
The application will be assessed by reference to the following criteria:
a) Incorporation in Singapore;
b) Primary listing is on the Singapore Exchange and principal place of business is Singapore;
c) Chairperson and majority of Board are Singapore citizens;
d) A significantly Singaporean substantial shareholding interest[1][2] in the company; and
e) Track record in Singapore.
[1] This is defined as either (a) substantial shareholders who are Singapore citizens, Singapore companies or Singapore Government entities holding at least 50% interest in the voting rights and issued shares in the company; or (b) the largest single substantial shareholder is a Singapore citizen, Singapore company or a Singapore Government entity and holding at least 25% interest in the total voting rights and issued shares in the company, and the largest single foreign substantial shareholder holds not more than 25% of the voting rights and issued shares in the company. Substantial shareholders refer to persons or companies who have an interest in at least 5% of the votes attached to all the voting shares in the company or class of shares.
[2] Where applicable, you can find the whitelist of approved nominee companies here.
MORE INFORMATION
For more information on foreign ownership of residential properties, please refer to the FAQs.
You may also submit your feedback or enquiries here.
Land Dealings Approval Unit
Singapore Land Authority
55 Newton Road
#12-01 Revenue House
Singapore 307987
Tel: 6478-3444
=================================
---https://stilt.com/loans/buy-property-in-philippines/ from google ( foreigner buy land in philippines ) result 1
Buy Property in Philippines on a Visa in the U.S.
Updated on August 26, 2024
Author Frank Gogol
Written by
Frank Gogol
Rohit Mittal
Reviewed by
Rohit Mittal
At a Glance
Property Ownership for Foreigners in the Philippines: Foreigners with valid visas can buy property in the Philippines,
but they are restricted from owning land.
Legal Ownership Conditions: Foreigners can legally own a residence or condominium unit, subject to conditions like majority ownership of
the building by Filipinos.
Alternative Ownership Options: Long-term leases or purchasing property through a corporation with majority Filipino ownership are alternative
options for foreigners.
Procedures and Financing: Specific documents, legal procedures, taxes, and fees must be followed when buying property.
Foreigners can explore financing options, such as personal loans from lenders like Stilt, to facilitate their property purchase.
Are you looking to invest your money in real estate? Are you perhaps looking for a vacation home abroad? Or are you simply in the market
for a retirement destination in a foreign country? Perhaps you should consider buying property in the Philippines.
Foreigners can buy property in the Philippines. It is actually much simpler than you’d think. Here is some more information about how
to buy property in the Philippines.
Can Visa Holders Buy Property in the Philippines?
First, let’s address the most important question. Can visa holders buy property in the Philippines? Yes, foreigners with valid visas may buy property in the Philippines. You are allowed to own a residence, but you can’t own the land it is built upon. There are specific rules and regulations that govern the real estate industry in the Philippines.
Here are the key takeaways for foreigners in the process of buying property in the Philippines:
Foreigners are prohibited from owning land, but they may legally own a residence.
The Philippine Condominium Act allows foreigners to own condo units, as long as 60% of the entire building is owned by Filipinos.
Consider a long-term lease with a Filipino landowner if you want to buy a house.
It’s possible to buy a property through a corporation as long as 60% (or more) of the ownership is in control of Filipino citizens.
So yes, you can own property in the Philippines. But you’ll have to be mindful of local laws and regulations governing the Filipino real estate industry. Your situation is unique and you’ll have to make sure you comply with the required eligibility criteria. The best advice would come from Filipino real estate experts. Ask specialists like real estate agents or attorneys registered in the Philippines to assist you with the process. They’d also be able to advise you about ways to send money to foreign countries to pay for your new property.
Documents Required to Buy Property in the Philippines
There is a legal side to every real estate transaction and it usually requires specific types of documents. You need to make sure you comply with the local laws and get the paperwork in order before you can legally own a property.
Here is a list of documents you need to buy property in the Philippines.
Deed of Absolute Sale (DOAS)
Land Tax Declaration
The new title deed
This is a very basic list of the most important documents. There are many other documents that may be required when you purchase a property. Your situation will determine which exact documents are required. Find attorneys or real estate agents you trust to help you. They’ll give you the advice you need.
How to Buy Property in the Philippines
Each country has its own way of governing its real estate industry. The Philippines has specific rules and regulations that apply to the buying and selling of property. Here is a basic outline of the legal procedures required for the transfer of a title.
Deed of Absolute Sale
A buyer and seller must come to terms and have the intention to conclude a transaction regarding a property. They agree on the sale and create a Deed of Absolute Sale (DOAS) with the help of a lawyer.
Land Tax Declaration
The Bureau of Internal Revenue (BIR) issues a Land Tax Declaration that details the tax implications of the sale and subsequent ownership of the property. The document must be submitted to the city or municipal Assessor’s office.
Real Estate Tax
The buyer of the property must now go to the City Treasurer’s Office where they are required to pay real estate taxes on their new property.
Market Value Estimation
The Assessor’s office determines the market value of the property in this step. The valuation has an effect on tax payments.
Transfer Taxes
The Assessor’s office will determine the transfer taxes applicable to the sale. The buyer then has to pay the transfer taxes for the property to the Assessor’s office.
More Tax-Related Payments
The BIR also needs other payments during this process. For example, the seller has to assess whether they have any Capital Gains Tax payments due. A Documentary Stamp Tax payment is another payment required by the BIR.
New Title Deed
After everything has been done, the buyer will need a new title deed stating they are the new rightful owner of the property. The Registry of Deeds cancels the old title and issues the buyer a new title confirming they are the rightful owner of the property.
Tax Declaration
The buyer must request a copy of the new title deed as proof of their ownership. They also need to use that document to request a tax declaration from the Assessor’s office.
Fees Related to Buying Property in the Philippines
Not only does the process of buying property in the Philippines consist of quite a few steps, but there are also quite a few fees involved.
Here are the fees a buyer needs to pay when purchasing a property in the Philippines:
Notary Fee – Between 1% and 2% of the total property price.
Local Transfer Tax – 0.50% to 0.75% must be paid with regards to a local transfer tax.
Registration Fee – 1% of the total value for the registration of the title in the buyer’s name.
How to Use a Stilt Loan to Buy Property in the Philippines
Buying property in the Philippines could be a great investment opportunity. But you might find yourself in a situation where you don’t have the cash to grab the opportunity. What can you do and where can you get financing? Have you thought of taking out a personal loan?
You can use a personal loan for whatever you want to. You don’t have to declare to a lender why you want to take out a loan or what you will use the money for. Personal loans can be both secured or unsecured. Secured loans have an asset that serves as collateral (which is security for the lender). The asset you provide as collateral will cover the balance of the loan if you can’t repay it.
Even if you are a foreigner, you can get a personal loan in the U.S. with Stilt. Stilt offers great personal loans that currently start at an APR of 7.99%. You can borrow up to $25,000 and repay in monthly installments. You can also repay the loan in amounts larger than the required installments without being hit with early payment penalties.
This is how getting a personal loan with Stilt works.
Apply
Apply online for the loan you need. Submit your best possible application. Strong applications get better loan offers.
Get Your Offer
Stilt will contact you within 24 hours of your application. Supply any additional information they require to complete your application. Soon you’ll get a loan offer and a promissory note. Please sign and return this note if you want to accept the offer.
Start Repayment
The loan should be disbursed into your U.S. bank account within 2-3 business days. The only thing left to do is to set up your repayment method online. Consider using an autopay option. This will help you pay on time every month.
Getting a loan with Stilt is that simple!
Read More
How to Get a Personal Loan Without an SSN
How to Get a Loan for Overseas Property
Personal Loans for Non-Citizens & Nonresidents in the USA
TN Visa Loans: The Complete Guide
H4 Visa Loan: What is an H4 Visa, and How Do You Get a Loan on One?
Conclusion
The Philippines has some wonderful investment opportunities. There are great pieces of real estate to buy. Foreigners are allowed to own property in the Philippines, but you need to meet the eligibility criteria set down by the local government.
You also don’t have to miss any great buys due to a lack of cash. You can get a personal loan to buy property in the Philippines. Make sure you are eligible for a loan and apply today to buy your piece of Filipino heaven.
Buying Property in the Philippines on a U.S. Visa FAQ
Can U.S. visa holders buy property in the Philippines?
Yes, U.S. visa holders can buy property in the Philippines, but there are restrictions based on the type of property and the nature of your visa. Foreign nationals, including U.S. citizens and visa holders, are generally allowed to purchase the following types of property:
Condominiums: U.S. visa holders can buy condominium units without restrictions. This is a popular choice for foreign investors.
Townhouses and Apartments: Similar to condominiums, U.S. visa holders can also purchase townhouses and apartments without restrictions.
House and Lot: If you want to buy a house and lot, there are restrictions based on the type of visa you hold. Generally, you cannot acquire agricultural land if you are on a tourist visa, but you can if you are a former Filipino citizen or a resident alien. However, you can acquire residential land for your own use.
What are the restrictions on buying agricultural land?
Foreign nationals, including U.S. visa holders, are generally prohibited from acquiring agricultural land in the Philippines. However, there are exceptions, such as if you are a former Filipino citizen, a resident alien, or if you acquire agricultural land through hereditary succession.
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---https://www.bicyclehealth.com/blog/state-by-state-involuntary-commitment-laws
from google ( usa state without involuntary psychiatric hospitalisation ) result 1
State-by-State Guide on Involuntary Commitment Laws
Elena Hill, MD, MPH profile image
Medically Reviewed By Elena Hill, MD, MPH • Updated Jul 20, 2023 • 53 cited sources
Table of Contents
Which States Have Involuntary Commitment Laws Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming The Need for SUD Treatment
Involuntary commitment is when a person is forced against their will to be admitted for treatment for a mental health, medical, or substance use disorder. In general, a person can be involuntarily committed for one of three reasons:
They are endorsing suicidal ideation or the desire to self harm
They are endorsing homicidal ideation or the desire to harm others
They are considered unable to take care of themselves and subsequently endangering their own life as a result of untreated mental health condition (this may or may not include substance use disorder).
Involuntary commitment laws exist in every state in the U.S. They serve to govern the detainment and treatment of individuals who pose risks to themselves or others due to their mental illness or substance use disorder (SUD). Often, their family or advocate must step forward and navigate legal channels in order to obtain involuntary commitment.
Specific criteria and procedures for involuntary commitment vary among states, with each having their own statutes and regulations to govern the process. Usually, such laws aim to strike a balance between personal rights and protecting public safety while providing sufficient care for those who are unable or unwilling to seek it for themselves.
Criteria for involuntary commitment often include evidence of mental or emotional instability, risk to oneself or others, or an inability to meet basic needs. Not all states consider substance misuse a sufficient indication that involuntary commitment should take place even though SUD can be fatal.
Which States Have Involuntary Commitment Laws?
All states have involuntary commitment laws outlining the process for connecting someone in crisis, but the specifics of these laws vary by state.
The below information is a general outline of the basic involuntary commitment laws by State but is certainly not comprehensive. Bear in mind that this information is supposed to be a general overview, but may be highly variable based on your location and the specifics of your friend or loved ones medical and mental health conditions.
If you are considering asking for help obtaining involuntary commitment for a friend or loved one, start by researching local or State laws regarding involuntary commitment. You should gain an understanding of the details and procedures as well as your role in this process. If you are in need of additional support, the first place to reach out is to your health care provider or social worker.
Alabama Involuntary Commitment Laws
Alabama Mental Health Code regulates involuntary commitment laws in Alabama.[1] According to this code, mental illness does not include substance misuse and alcohol use disorder (AUD) as valid grounds for commitment, but it does allow for commitment when the person can be shown to be at risk of harming themselves or someone else or unable to meet their basic needs.
This process typically starts with someone, such as a mental health expert or family member, filing a petition alleging that an individual is mentally ill and poses a danger to themselves or others.
The court then reviews the petition and may order an assessment by a qualified mental health professional. If this professional determines that someone meets involuntary commitment standards, a hearing may be scheduled to determine if that individual should be committed based on evidence presented from both sides. Should the person be accepted into involuntary commitment, they may be treated at a psychiatric hospital or another suitable facility, depending on their needs.
Alaska Involuntary Commitment Laws
Alaska Statute § 47.30.700 outlines the procedures involved with committing someone to treatment involuntarily either for mental health issues or
a substance use disorder.[2] There are specific timelines involved that are designed to protect the individual from undue stress should it be
determined that they are not in need of treatment.
For example, the individual may be held for no longer than 48 hours unless a judge reviews and approves the application for commitment.
Depending on the circumstances, their stay may only last up to five or 10 days from the date of filing.
However, in May 2023, Senate 53 was passed. This law allows for up to two years of involuntary commitment based on psychiatric issues. The purposes is to protect the public from individuals who might otherwise be released after committing a violent crime due to incompetency to stand trial.[3]
Arizona Involuntary Commitment Laws
The laws regarding involuntary commitment in the state of Arizona are outlined in the Arizona Revised Statutes, Title 36, Chapter 5. They do not include substance use disorder and alcohol use disorder as viable causes for involuntary commitment.
The process of involuntary commitment starts with a petition in Arizona, as it does elsewhere. It may be submitted by any party concerned for the well-being of the individual in question, usually a healthcare provider or family member. If the court reviews the petition, it may either request a hearing for more information or issue an order for the person to enter treatment if it believes that the burden of proof has been fulfilled.
It’s important to note that the judge may order the person to outpatient treatment, which means that that person will not have round-the-clock supervision.[4] The goal is to connect the person with the most appropriate care for their needs and not necessarily to protect the public.
Arkansas Involuntary Commitment Laws
The involuntary commitment laws in Arkansas are an option for people with a loved one struggling with drug and alcohol misuse or SUD, but only in cases where the person can be shown to be gravely disabled or likely to commit homicide or suicide as a result.[5]
The usual process of application, evaluation and hearing apply in Arkansas. There is an opportunity to submit the names of witnesses who may be able to corroborate the concerns of the petitioner.
California Involuntary Commitment Laws
The Lanterman-Petris-Short (LPS) Act governs the standards and expectations associated with involuntary commitment in California. It stipulates that a person may be committed if they are unable to care for themselves, are at risk of hurting themselves or others, or are gravely disabled.[6]
Though substance misuse and SUD are not valid reasons for involuntary commitment, if it causes any of the issues above, it could serve as a sound basis.
There are also 5150 holds that can last for a minimum of 72 hours and up to 14 days, during which time the person will undergo evaluation to determine if intensive treatment is required. In most cases, this happens when a police officer comes across someone who is struggling due to mental health issues or extreme intoxication, and there is a risk of self-harm or to the public but no crime has yet been committed.
Colorado Involuntary Commitment Laws
Colorado is unique in that it is possible for a judge to remand someone to treatment for drug or alcohol use disorder for up to
180 days under the involuntary commitment laws in the state. This is due to the Alcohol and Drug Abuse Treatment Act (ADATSA).[7]
Though it is possible to fight against involuntary treatment, if it can be shown that the person is an “imminent risk” to themselves or anyone else as a result of their substance misuse, it is likely that the judge will order them into treatment as long as they are also stable mentally and medically and also refusing any form of treatment.
Connecticut Involuntary Commitment Laws
Substance misuse and SUD are valid reasons for involuntary commitment in the state of Connecticut, as long as it can be proven that the person is a threat to themselves or others while under the influence or “gravely disabled.”
In addition to the commitment application, it is required to also submit the certification of a doctor who agrees that the person should be committed for this reason. The medical provider must have examined the individual in the last two days.[8]
If the court agrees that involuntary commitment is valid, a hearing will be held within seven business days where all the evidence will be reviewed.[9] However, if the judge agrees that treatment is necessary, it may only last for up to 15 days, long enough to go through medical detox.
Delaware Involuntary Commitment Laws
In Delaware, you can submit a petition to involuntarily commit someone to a rehabilitation facility for substance misuse.[10] The judge may determine whether or not that treatment should be inpatient or outpatient based on their needs and how long that treatment will last. It may be a first step to helping someone help themselves.
District of Columbia Involuntary Commitment Laws
When it comes to involuntary commitment for mental health treatment, the District of Columbia does not view drug and alcohol misuse or SUD as a mental illness. However, the Code of the District of Columbia § 24–607 Commitment by Court order says that if someone is found to be a “chronic alcoholic” and as a result are in immediate danger of substantial harm, they can legally be remanded to inpatient treatment.[11]
The same is true for those who are addicted to drugs. If it appears that they may be in immediate danger of serious harm, they can be ordered to go to treatment. However, in both cases, if it is the first or second time in a 24-month period, treatment cannot last longer than 30 days.
Florida Involuntary Commitment Laws
While the Baker Act in Florida primarily makes space for people to voluntarily seek treatment and protects their rights to not be held against their will without cause, it also outlines the situations in which an involuntary hold might be necessary.[12]
Though substance use disorders are not defined as a mental illness per se, if someone is unable to determine whether or not an evaluation is needed or if they are clearly in danger of hurting themselves while intoxicated or due to their SUD, the process of petition and evaluation can be put forth in the court by a concerned family member, law enforcement or medical professional.
Georgia Involuntary Commitment Laws
In Georgia, there are three ways in which an involuntary commitment to a treatment facility or other mental health treatment center may occur: when two people petition the court together, a doctor files the petition or law enforcement gets involved.
In order to secure an involuntary commitment, two witnesses have to attest that the individual is addicted to drugs or alcohol or dealing with a mental health disorder that presents a “substantial risk of imminent harm.”[13] The behaviors attested to must have occurred within the 48 hours prior to the petition in order to constitute imminent harm.
Hawaii Involuntary Commitment Laws
Involuntary Commitment: Hawaii Revised Statute § 334-142 outlines the process for concerned family members to help someone enter treatment for substance misuse even if that person does not believe they need treatment.[14]
The petition has to include a description of conduct and history of substance misuse that make it clear that SUD is an issue as well as the effect that the person’s substance misuse has had on the family. It must also be shown that the person or the family has the funds to pay for treatment and there is a good faith reason to believe that the person will be in danger of harming themselves or someone else if they don’t get help.
Idaho Involuntary Commitment Laws
Though it is possible to have someone involuntarily committed to mental health treatment if they are clearly unable to make the choice for themselves and in harm’s way, substance misuse and SUD do not fall under the category of mental illness in Idaho.
Idaho law does acknowledge the connection between alcohol use disorder and serious mental illness, but it states specifically that AUD in and of itself is not enough to deem someone mentally ill.[15] However, if someone is under the influence and likely to hurt themselves or someone else, they can be held involuntarily but usually for a short time and not for the purposes of treatment.
Illinois Involuntary Commitment Laws
Illinois law does not consider substance use disorder to be a mental illness for the purpose of involuntary commitment.[16] The only way for a person to be committed to a treatment facility against their will is if a court orders it or if the person has an emergency hold put on them.
Though it is possible for someone to fulfill the criteria of being in imminent danger to themselves or others due at least in part to substance misuse, evidence of substance misuse alone is not enough to win a petition for involuntary commitment.
In many cases, even if involuntary commitment is granted, there are multiple hearings every few weeks to make sure that it is still appropriate and likely won’t last longer than 90 days.
Indiana Involuntary Commitment Laws
Indiana law allows for people who are addicted to drugs or alcohol or incapacitated by substance misuse to be involuntarily committed, except in the cases where the person is also charged with or convicted of certain offenses that make them ineligible for treatment.[17]
If the petition for commitment is granted, the person may be ordered to go to inpatient or outpatient treatment depending on the specifics of their case and the type of treatment that will best serve their needs.
Iowa Involuntary Commitment Laws
Drug and alcohol misuse or addiction is grounds for a petition for involuntary commitment in Iowa, but it’s not enough on its own to warrant a court order.[18] Petitioners must also demonstrate that the individual is at risk of harming themselves or someone else as well.
There are options for brief commitments that last for up to 72 hours for the purposes of an evaluation and stabilization if the person is under the influence and to determine whether or not treatment is necessary. If the evaluation comes back positive, a hearing will be set up to determine how to proceed.
Kansas Involuntary Commitment Laws
Though substance misuse may play a role in the involuntary commitment process, it cannot by law be the sole reason that someone is committed to treatment.[19] It may be part of the issue in conjunction with another mental health disorder but if the only reason for seeking treatment is SUD, involuntary commitment will not be an option.
If substance misuse and another mental health issue co-occur, it must also be shown that the person is at personal risk of harm, that they may hurt someone else and that they are unable to make appropriate choices for themselves when it comes to treatment.
Kentucky Involuntary Commitment Laws
In Kentucky, the Matthew Casey Wethington Act for Substance Abuse Intervention (Casey’s Law) protects the rights of family members who would like to put a loved one into treatment involuntarily if they are in danger due to SUD or if someone else is potentially in harm’s way.
However, as a part of the process, the family must commit to paying the full cost of treatment for the person should the court agree to order the involuntary commitment. If the petition is granted, the length of the commitment cannot exceed either 60 days or 360 days, depending on what was requested in the petition or agreed to during the hearing.[20]
Louisiana Involuntary Commitment Laws
In Louisiana, a parent, spouse, legal guardian or adult child can apply for involuntary commitment of a loved one who has a substance misuse or addiction disorder.[21] The application must include a statement of facts, personal observations that demonstrate the person’s behavior puts them at risk, and the assertion that the person has been asked to get help and they have refused.
If the court decides to accept the application, a hearing will be held to evaluate the issue. If the person is determined to be a danger to themselves or others or is gravely disabled, they will be committed to a treatment program.
Maine Involuntary Commitment Laws
Maine has one of the top 10 highest rates of drug overdose deaths in the country. For that reason, they have made it possible for families to petition the court to have their loved one struggling with SUD admitted to treatment even if they don’t want to go. According to the Maine Statute 34-B 3801, use of drugs and alcohol can be termed a mental illness for the purposes of involuntary commitment.[22]
In order to do this, the petitioner must be able to demonstrate that they are at risk of suicide or homicide, or that they are unable to take care of themselves and look out for their own best interest.
Maryland Involuntary Commitment Laws
In Maryland, while it is possible to petition the court and request that someone in crisis be involuntarily committed to treatment, there is no option for involuntary commitment to an outpatient care facility.[23] This means that the court generally requires proof that the person not only has a mental health disorder that requires immediate treatment and that not getting that treatment could ultimately put them in grave danger but that all other less intensive forms of treatment have been attempted.
Additionally, substance use disorder is not considered a mental illness in the state of Maryland, though if it co-occurs with a mental health disorder and the person is at risk of suicide or homicide, it may play a role in obtaining an involuntary commitment.
Massachusetts Involuntary Commitment Laws
Involuntary commitment laws in Massachusetts are outlined in Massachusetts General Laws Chapters 123 § 35. The state opens up the opportunity to support someone in getting treatment when they need it and refuse by defining substance abuse and addiction as a viable reason for commitment.[24]
Additionally, the statute states that only qualified people can petition for involuntary commitment. This includes law enforcement, medical personnel, legal officials, spouses and direct relatives. Should the petition for commitment be accepted by the court, the person may be ordered to attend an inpatient or outpatient treatment program.
Michigan Involuntary Commitment Laws
If someone is putting themselves, their family or someone else at risk due to an ongoing and untreated substance use disorder, there is recourse to file a petition for involuntary commitment to a treatment program in Michigan.
In the petition, a doctor’s certification that the person has a substance use disorder should be included. This certification is based on a recent examination and the assertion that the family is able and willing to pay for the cost of treatment.[25]
The person will likely be evaluated further and asked to appear at a hearing along with an appointed lawyer if they do not have the means to get one for themselves. The judge will then determine whether or not treatment is the best option.
Minnesota Involuntary Commitment Laws
The involuntary commitment process in Minnesota is open for the purposes of helping people with mental health disorders and substance misuse issues. Voluntary requests for treatment are preferred by the court, but if necessary, Minnesota judges are ready to hand down orders for treatment to those who are at risk of harming themselves or others or are otherwise in grave danger due to an untreated substance use disorder.[26]
Concerned family members, medical professionals and law enforcement can file a petition with evidence of threat of harm with the court and follow through with a hearing to determine whether or not treatment is appropriate.
Mississippi Involuntary Commitment Laws
In Mississippi, family members who want to help a loved one struggling with SUD get into treatment when they are against the idea can petition the county courts under House Bill 1546 that amends Section 41-31-1 of the Mississippi Code of 1972.[27]
In the petition, in addition to being able to prove that they have an addiction, the family can support their cause by showing how the person is unable to manage their personal business and lacks self-control due to their substance misuse. Depending on the situation, it may be enough to warrant a court order for treatment, as long as it can also be shown that treatment will improve their health.
Missouri Involuntary Commitment Laws
In 2021, Missouri became the last state in the nation to implement the Mental Health Parity and Addiction Equity Act of 2008, making healthcare coverage through government programs like Medicaid as easily available for mental health treatment as it is for medical issues.[28]
This made it a little bit easier for families of people struggling with SUD who were seeking an involuntary commitment. Previously, the family may have had to demonstrate that they had the resources to pay for treatment if the petition was granted.
Montana Involuntary Commitment Laws
Montana Code Annotated § 53-21-102 specifically states that drug and alcohol abuse does not qualify as a mental health disorder under the involuntary commitment laws, but if there is imminent threat of harm to oneself or others, or if the person is unable to take care of themselves and substance abuse plays a role, involuntary commitment may still be effective. However, substance misuse treatment may not be the focus of that order.
In 2023, there has been additional discussion on whether or not people living with dementia or traumatic brain injury may be admitted to a mental health facility with HB 29. Since TBI often co-occurs with substance misuse, this could be significant for Montana families.
Though the bill passed repeated votes, the governor may veto it. However, it’s likely that a new version of the bill will be created if that occurs.[29]
Nebraska Involuntary Commitment Laws
Substance misuse is a viable cause for involuntary commitment in Nebraska, as long as specific incidents demonstrate that substance use creates situations where the person is violent or unable to care for themselves.
Legislative Bill 668 was introduced in early 2023 with the goal of expanding mental health care access by making it possible for mental health treatment professionals to help their patients by placing an emergency hold that would include evaluation to see if further treatment is needed.[30] This can be helpful in the cases of substance use disorders when patients report self-harm or harming others while under the influence as well as an inability to stop using on their own.
Nevada Involuntary Commitment Laws
Nevada does not include substance abuse as a definition of mental health when it comes to involuntary commitment, formerly referred to in the state as “legal holds” or “legal 2000.”[31]
It does, however, provide for involuntary commitment to treatment when a person shows substantial risk of harm to themselves or others based on past acts. For many people who struggle with substance misuse, this occurs in conjunction with drug and alcohol use.
While this may ultimately be deemed a criminal issue in Nevada, if it can be demonstrated that the person is unable to care for themselves and that substance misuse is a symptom of an underlying mental health disorder, SUD treatment may be included in their overall treatment plan.
New Hampshire Involuntary Commitment Laws
Involuntary commitment options in New Hampshire are not available to families seeking treatment for a loved one with SUD who refuses to enter treatment. Substance misuse and extended periods of intoxication are specifically excluded from the definition of mental health in New Hampshire Revised Statute Annotated § 135-C:2, the law that speaks to the process.
However, a new law in New Hampshire requires that people who are taken in on an involuntary psychiatric hold (something that often happens to people who are under the influence of certain drugs) get help somewhere other than the emergency room. ER admission is the current practice for 72-hour holds, but by 2025, this will no longer be the case, which may mean that people are better cared for during this time and get access to superior mental health evaluations.[32]
New Jersey Involuntary Commitment Laws
Being under the influence of drugs and alcohol or in a transitory state after being intoxicated is not grounds for involuntary commitment into a treatment program, according to New Jersey Statute Annotated § 30:4-27.2.
However, for families whose loved one often struggles with homelessness due to co-occurring mental health issues and SUD, a new bill (A-4755) may help them get treatment. This bill empowers mental health professionals to provide care on site at homeless shelters. In the process of these evaluations and assessments, if it is determined that a mental health disorder puts them in imminent danger of hurting themselves or others, they may be able to help them get further treatment.[33]
New Mexico Involuntary Commitment Laws
If someone in New Mexico is living with a mental health disorder and unwilling or unable to get the treatment they need, their loved ones may be able to secure an involuntary commitment for them, but not if substance misuse issues are the sole cause.
It’s important to note that New Mexico is one of six states in the country that do not provide for involuntary commitment to an outpatient program. If substance misuse co-occurs with a mental health disorder that does qualify for involuntary commitment, it may be necessary to prove that inpatient treatment is necessary and that outpatient care will not work.[34]
New York Involuntary Commitment Laws
Substance misuse and SUD are not considered mental illnesses in New York, but it is possible to secure an involuntary commitment to treatment on the basis of a SUD under New York Mental Hygiene Law § 1.03.
In New York City, emergency medical personnel in addition to law enforcement are able to involuntarily commit someone who presents with a mental illness. This is important for families who have a loved one living with a substance use disorder because intoxication may cause behaviors that are perceived by police and medics as mental illness.[35] If the time spent on hold includes an evaluation, this may be helpful to the process of petitioning a court for an involuntary commitment to treatment.
North Carolina Involuntary Commitment Laws
In North Carolina, it is possible to require involuntary commitment to treatment for someone living with a substance use disorder via North Carolina General Statute Annotated § 122C-281. The ability to do so is not limited to family and medical, mental health or law enforcement personnel. Anyone who has knowledge of someone living with a substance use disorder that causes them to be a danger to themselves or to the public can submit a petition.
It’s something that happens so frequently in North Carolina that new bills keep being submitted that would better track the process to ensure that there are enough resources to support people in treatment and in the legal system.[36]
North Dakota Involuntary Commitment Laws
Submitting a petition to have someone involuntarily committed to treatment based on a substance use disorder is possible in North Dakota under North Dakota Century Code Annotated § 25-03.1- 08. To meet the requirements of the law, relevant events supporting that request must be shown, and the contact information for more people who can corroborate the assertion must be included in the petition.
However, SUD is not enough. It must also be shown that because of their use of drugs and alcohol, they are in harm’s way or unable to care for themselves and that treatment will improve their situation.[37]
Ohio Involuntary Commitment Laws
Under Ohio Revised Code Annotated §§ 5119.92 and 5119.93, it is possible for someone related to a person living with an untreated substance use disorder to petition on their behalf to connect them to treatment. It must be shown that treatment can help them and that if they remain untreated, they are in danger or may harm someone.
In April 2023, House Bill 281 was passed to expand the amount of time that someone may remain in custody on an involuntary hold pending a hearing. As a result, a person may be held for up to 10 days after a petition has been filed pending a hearing for their civil commitment.[38] This, however, is only applicable when the petitioner is law enforcement and the person has committed an offense that allows for treatment as an option.
Oklahoma Involuntary Commitment Laws
Oklahoma allows for petitions for involuntary commitment under Oklahoma Statute Annotated 43A, §5-410 based on substance abuse and addiction. It must be shown in the petition that the person is deteriorating as a result of their substance misuse or that they are at risk of immediate harm or death due to their use of drugs.
Someone else being in fear of violence at the hands of the person struggling with substance misuse is also a viable reason for commitment to treatment. The petitioner will need to back up their claims with facts and events that support the need for treatment as well as a list of witnesses who agree.[39]
Oregon Involuntary Commitment Laws
Oregon Revised Statute Annotated § 426.495 is very restrictive when it comes to involuntary commitment, taking extra precaution to ensure that no one is forcibly held against their will unless it is a dire necessity. For this reason, substance misuse and SUD are not grounds for involuntary commitment unless the imminent threat of grave danger or death can be proven.
As of 2023, the state of Oregon was being sued by three large hospital systems for failing to place involuntarily committed civil patients in treatment due to overcrowding caused by criminally committed patients who were too ill to face punishment for their crimes.[40] As a result, though new bills are often introduced to expand involuntary commitment laws, they are almost always shut down due to lack of resources or lack of support.
Pennsylvania Involuntary Commitment Laws
Pennsylvania’s Mental Health Procedures Act in conjunction with Pennsylvania Statute and Consolidated Statute title 71 1690.105 make it possible for family members to petition the court to involuntarily commit a loved one who has a SUD and, as a result, is unable to provide for their own best interest and needs, thus putting themselves or others in clear and present danger.
In Pennsylvania, it is possible to be ordered to attend assisted outpatient treatment (AOT) or inpatient treatment depending on the severity of the patient. In 2019, the laws for AOT admission were loosened, making it easier for people to prove a need for this level of care, but this is more expensive for county governments that must cover the cost. As a result, in 2022, many counties began to opt out of involuntary commitment to AOT, which may make it harder for families in crisis to get the help they need in those locations.[41]
Rhode Island Involuntary Commitment Laws
Rhode Island is one of a handful of states that do not accept substance use disorder in general as a basis for involuntary commitment but will accept alcohol use disorder as a viable cause. In Rhode Island General Laws Annotated § 23-1.10- 10, it states specifically that anyone who is picked up by law enforcement and appears to be incapacitated due to alcohol use can be taken into custody and entered into emergency treatment.[42]
This can be helpful for families with a loved one living with AUD because one or more such incidents may help to support admission into a longer treatment program through involuntary commitment, but it is less helpful for families with a loved one who is addicted to other substances.
South Carolina Involuntary Commitment Laws
Chemical dependence is considered good cause for involuntary commitment in South Carolina under South Carolina Code Annotated § 44-52-70 as long as there is substantial risk of harm to that person or the people around them as a result of their substance misuse.[43]
Anyone who is concerned for an individual’s well-being can petition the court to commit that person to treatment if they can show that their use of substances is excessive and habitual. They must also show that there are a number of court or criminal issues that have happened as a result of substance use, other treatment attempts have been unsuccessful or there are a number of people who can attest that the person is in need of treatment.
South Dakota Involuntary Commitment Laws
The South Dakota Department of Social Services says that involuntary commitment based on a substance use disorder is possible under South Dakota Codified Laws § 34-20A-70, as long as the person fits the criteria set forth in SDCL 27A-1-2.[44]
This criteria includes the need to prove that the person has a severe mental illness (under which substance use disorders fall) and that the person has a chronic disability as a result or is likely to be harmed or harm someone else. It is also necessary to show that treatment will be helpful to the person and that they will be able to take better care of themselves after they complete the program.
Tennessee Involuntary Commitment Laws
Tennessee allows for the involuntary commitment of those who have a substance use disorder under Tennessee Code Annotated §§ 33-6-502 and 33-6-504. There needs to be a threat of harm and an inability to make choices that prioritize their best interest. It is necessary to prove that this measure is necessary.
That is, petitioners must show that all lesser options for treatment are either inappropriate for the person’s disorder, or they have been attempted and the attempts were unsuccessful.[45]
Texas Involuntary Commitment Laws
Texas Health and Safety Code § 462.062 supports the involuntary commitment of someone who has a SUD in cases where it can be shown that they are at risk of harm or that they will deteriorate and be unable to care for themselves if they were to continue without treatment.
If the court agrees that involuntary commitment is needed, the judge will determine what type of treatment is best and how long it should last based on the specifics of the case.[46]
Utah Involuntary Commitment Laws
There is no ability to involuntarily commit someone to an addiction treatment facility in Utah, according to Utah Code Annotated § 62A-15-602. However, when there is a mental health disorder in evidence and drug and alcohol use is a symptom of that or worsens related symptoms, it may be mentioned as part of the reason that treatment is needed.
It’s important to note that in these cases, while there may be some support for drug and alcohol misuse, the primary focus will be on treatment of the mental health disorder. For the past few years, there have continually been laws presented with the goal of expanding access to treatment through involuntary commitment in Utah, so changes may be imminent.[47]
Vermont Involuntary Commitment Laws
Vermont is unique when it comes to its involuntary commitment laws outlined in Vermont Statute Annotated 18 § 8402.[48] While it is possible to have someone involuntarily committed to treatment for a drug use disorder, there is no mention of alcohol use as a reasonable cause.
The law specifically states the use of sedatives, hallucinogens or stimulants when describing the root cause of an addiction-based mental illness, excluding alcohol. It also describes an uncontrollable desire for the drug, or the inability to stop using the substance of choice even when its use causes continued negative consequences
Virginia Involuntary Commitment Laws
Substance abuse qualifies as a mental health disorder in Virginia, and therefore, it is grounds for an involuntary commitment to treatment under Virginia Code Annotated § 37.2-801. It is required to show that the SUD is in fact a serious problem and that, if untreated, it could cause harm to the person in crisis or to the people around them.
In recent years, legislation was introduced that would further help to protect the public against people who might be released too early from treatment and ultimately return to their dangerous behaviors. HB 2329 would require that two medical professionals sign off on the release of someone in treatment, asserting that they no longer qualify for involuntary commitment.[49]
Washington Involuntary Commitment Laws
The Involuntary Treatment Act in Washington outlines the process for involuntary commitment and what that treatment should look like, including when a substance use disorder is the cause.[50]
In general, the petitioner has to prove that their loved one living with SUD has a grave disability, meaning that they are unable to care for their basic needs on their own or that they lose control over their actions and can no longer control their choices when they are under the influence. Failing that, the petitioner will need to prove that the person will harm themselves without treatment or that there is sufficient reason to fear that they will harm someone or their property.
West Virginia Involuntary Commitment Laws
West Virginia allows for the petition for involuntary commitment for people who are living with a substance use disorder if it can be demonstrated that their use of substances interferes with their ability to manage basic responsibilities at home, at work and in the community.
Filing a petition for involuntary commitment can be a complex process. In April 2023, the West Virginia Supreme Court of Appeals released two videos to help people understand what the process entails and what to expect as they make their way through it.[51]
Wisconsin Involuntary Commitment Laws
Under Wisconsin Statute Annotated § 51.20, concerned parties can petition to have someone involuntarily committed to treatment based on a substance use disorder, as long as it can be shown that the person is in danger of serious physical injury, disease, debilitation or death if they don’t get help.
The civil commitment process may be started by a law enforcement officer, medical or psychiatric professional, or a group of at least three people who can assert that the person is in crisis. At least one of those people must have firsthand knowledge of the individual’s SUD status.[52]
Wyoming Involuntary Commitment Laws
Addiction issues due to either drug or alcohol use are excluded from the definition of mental illness for the purpose of involuntary commitment as outlined in Wyoming’s law, Wyoming Statute Annotated § 25-10-101. Intoxication is specifically excluded as well, which means that even when heavy drug and alcohol use contribute to a mental health disorder or to behaviors that may have originated with a mental health disorder, the person may still not be considered a candidate for involuntary commitment.
Many in Wyoming are concerned about the process of involuntary commitment in the state, citing issues with the cost of care and the process itself. As a result, there may be changes coming in the near future.[53]
The Need for SUD Treatment
If you have a friend or family member who is struggling with substance misuse or SUD, they need treatment. It’s ideal to get them help before it reaches the point of a necessity for involuntary commitment. Oftentimes, addiction treatment professionals, such as interventionists and other specialists, can help you reach out to your loved one and convince them to get needed treatment. However, if your loved one is resistant to treatment, depending on their specific case and the severity of their condition, they may be eligible for involuntary commitment as a last resort.
If you have concerns about a friend or loved one, reach out to their health care team, or to our providers at Bicycle health for more information.
Medically Reviewed By Elena Hill, MD, MPH
Elena Hill, MD; MPH received her MD and Masters of Public Health degrees at Tufts Medical School and completed her family medicine residency at Boston Medical Center. She is currently an attending physician at Bronxcare Health Systems in the Bronx, NY where ... Read More
General
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---https://azdot.gov/tags/license-plates from google ( arizona front rear license plate ) result 1
Front license plates: A myth or a blast from the past?
SR24-1
Home
License Plates
Front license plates: A myth or a blast from the past?
By Luis Carlos Lopez / ADOT Communications
May 16, 2022
A while back, we shared this photograph on our social media platforms. This exact date of the photo is a mystery, but we're pretty certain
this image is from the 1970s.
Typically, when we take a trip down memory lane, we see comments about the classic cars or how a particular landscape has become more urban over time.
In this photo, the star is the white Corvette with a (gasp!) front-facing license plate!
Looking even closer, most of the cars appear to have a front-facing plate.
We were asked: Did Arizona once require license plates on the front of vehicles?
Yes! Bill Beckett, an MVD administrator with more than two decades of experience working with Arizona license plates,
explained that a front license plate stopped being required in the 1990s. Today, Arizona is 1 of about 20 states
that don't require a front license plate.
To order a specialty plate and support a great cause, visit azmvdnow.gov, an MVD office or Authorized Third-Party office.
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---https://1800lionlaw.com/which-states-require-a-front-license-plate/ from google ( state requiring front license plate ) result 2 -> ppl also ask ->
How many US states require front license plates ?
Which States Require a Front License Plate in the United States?
Car number license plate. Retro USA cars registration number signs, Texas, Wisconsin and Kansas license plates vector illustration set.
Collection of vintage design elements with names of US states. Which states require a front license plate in the United States?
The requirement for a front license plate varies by state in the United States. Currently, there are 29 states in the United States
that require front and rear license plates on most motor vehicles. However, many of these states allow exceptions to this rule for motor vehicles
other than cars.
License Plate Laws Differ for Each State in the United States
For example, For example, in Florida, motorcycle owners are only required to display a rear plate.
Similarly, in Virginia, vehicles that are more than 25 years old and are used for exhibition purposes can be issued antique license plates,
and only a rear plate is necessary in this case. Therefore, it is important to check each state’s exceptions to front license plate rules,
which you can find by clicking the hyperlinks below for the specific laws in each state.
U.S. States that Require a Front License Plate
The 29 states in the United States which require front license plates on automobiles are :
California
Colorado
Connecticut
Hawaii
Idaho
Illinois
Iowa
Maine
Maryland
Massachusetts
Minnesota
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New York
North Dakota
Oregon
Rhode Island
South Dakota
Texas
Utah
Vermont
Virginia
Washington
Wisconsin
Wyoming
These states can impose fines and penalties for non-compliance with this requirement. It’s essential for motorists to check with
their local Department of Motor Vehicles (DMV) for the specific rules and exceptions in their state to always ensure they are complying
with the vehicle registration laws in their respective state.
Are Some Vehicles Exempt from Front License Plate Laws?
Yes, certain vehicles are exempt from front license plate laws in some of the above states. These exemptions vary from state-to-state and
can include certain types of vehicles such as historic or classic cars, motorcycles, or commercial vehicles.
Some states also grant exemptions based on the design of the vehicle; if the manufacturer did not design a spot for a front plate,
the vehicle might be exempt. However, these exemptions are not universal and depend entirely on individual state laws.
Thus, it is advisable to use one of the links above to read the specific laws in your state, or to check with your local Department of
Motor Vehicles (DMV) for information regarding your vehicle and state.
Car number license plate. Retro USA cars registration number signs, Texas, Wisconsin and Kansas license plates vector illustration set.
Collection of vintage design elements with names of US states. License plate laws in the United States.
U.S. States that Do Not Require a Front License Plate
There are states within the United States where you shouldn’t be surprised if you notice the absence of a front license plate on cars.
In these states, the requirement is relaxed, and only displaying a rear license plate is sufficient.
While many states in the U.S. require both front and rear license plates, there are 21 states that do not mandate a front license plate.
However, every state requires at least one license plate on motor vehicles.
The U.S. states which do not require front license plates on automobiles are:
Alabama
Alaska
Arizona
Arkansas
Delaware
Florida
Georgia
Indiana
Kansas
Kentucky
Louisiana
Michigan
Mississippi
New Mexico
North Carolina
Ohio
Oklahoma
Pennsylvania
South Carolina
Tennessee
West Virginia
In these states, vehicles are only required to display a rear license plate. It’s important to note that these regulations can change, and
exceptions to these license plate rules may exist within each state. Always stay informed to ensure full compliance and avoid potential penalties.
Why Do License Plate Laws Vary By State in the United States?
Different states have different requirements for license plates due to variance in the legislative process, historical practice, and
administrative preferences. Each state in the United States has the autonomy to form its own motor vehicle regulations, including
those related to license plates. Factors such as administrative costs, law enforcement policies, aesthetics, and local culture
can all play a part in these decisions.
Some of the primary reasons cited for the variability in license plate laws across US states include:
Decentralized Legal System: The U.S. operates on a decentralized legal system where each state has the authority to create and
enforce its own laws. This includes laws regarding vehicle registration and license plates. This autonomy allows states to enforce laws
that are most appropriate for their specific circumstances.
Policing Capabilities: The law enforcement resources and capabilities differ across states. Some states may need front license plates
for easier identification and tracking of vehicles, while others might not because of advanced surveillance technologies or lower crime rates
involving vehicles.
Administrative Considerations: The administrative burden and cost of producing, distributing, and managing front license plates can vary.
Some states may decide that the benefits of front license plates don’t outweigh the administrative and financial costs.
Design Preferences: Some states may prefer not to require front license plates in favor of more streamlined vehicle designs. This may also be
a factor in states with a large presence of automotive enthusiasts or luxury vehicle owners.
Legislative Changes and State Budgets: Changes in state leadership, budgets, or legislative priorities can influence whether a state requires
front license plates. Budget constraints might lead some states to eliminate the requirement as a cost-saving measure.
States opting to forego front license plates often cite cost savings, as producing one plate instead of two saves money.
On the other hand, states requiring both front and rear license plates typically stress their importance in law enforcement,
as they can assist in identifying vehicles involved in criminal activities. Therefore, the disparity in license plate laws across
the United States is a reflection of the unique legislative and administrative choices made by each state.
Summary of License Plate Laws in Different States
In summary, the laws regarding license plate display vary significantly across the United States, with 29 states currently requiring both front and
rear license plates, while the remaining 21 states necessitating only a rear plate.
It is important to note exceptions to these rules exist in some states, such as Florida’s leniency for motorcycles and Virginia’s provision for
antique vehicles. Given the variability and tendency for change in license plate laws, motorists are always urged to check with their
local Department of Motor Vehicles (DMV) to stay updated with accurate and current regulations.
Man holding a sign that reads "Need a Lawyer?" License plate laws in every state in the United States regarding front license plates and
other rules and license plate laws by state.
If you or a loved one are injured in an accident, call Thompson Law today for a FREE CONSULTATION. We charge NO FEE unless we are able
to obtain a settlement for the injury victims we represent.
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5 nov 2024 7:36 pm est :
---https://www.cisatrust.com/country-profiles/dominican-republics-tax-system/ from google ( dominican republic tax ) result 1
Dominican Republic’s Tax System – Country Profile
Dominican Republic’s tax system is structured to balance the country’s need for revenue with the encouragement of foreign and local investment.
It comprises various taxes, including Corporate and Personal Income Taxes, Inheritance and Gift Taxes, with the notable absence of a Wealth Tax.
Underlying these taxes is the Territorial Tax Regime, which taxes income based on its source within the country, regardless of the taxpayer’s residence,
domicile, or nationality. This system is designed to foster a favorable business environment while aligning with international standards and agreements,
such as the OECD guidelines and Double Tax Treaties with countries like Canada and Spain.
Tax overview
Corporate Income Tax: 27%
Personal Income Tax: 25%, progr.
Inheritance Tax: 3%
Gift Tax: 27%
Wealth Tax: None
Territorial Tax Regime
The Dominican Republic applies the tax principle of territoriality. Income tax is levied principally on local source income, regardless of the residence, domicile or nationality of the taxpayer.
Corporate Income Tax
Corporations incorporated in the Dominican Republic are subject to tax on local source income, at a rate of 27%.
Personal Income Taxation
Residents of the Dominican Republic are subject to tax on local source income at progressive rates up to 25%.
However, residents are subject to tax on foreign source investment and financial income.
The Dominican Republic imposes gift tax at 27%, and inheritance tax at 3%. However, there is no wealth tax.
Anti-Avoidance Rules
The Dominican Republic applies the doctrine based on substance over form. Additionally, the Dominican Republic applies Transfer Pricing rules based
on OECD guidelines, as well as Thin Capitalization rules. However, the Dominican Republic does not have Controlled Foreign Corporation (CFC) rules.
Trusts
The Dominican Republic recognizes trusts (“Fideicomisos”) created under domestic law, which have a legal and tax framework.
Double Tax Treaties (DTTs)
The Dominican Republic has DTTs with Canada and Spain.
Tax Information Exchange Agreement
The Dominican Republic has a Tax Information Exchange Agreement (TIEA) with the United States.
OECD Multilateral Convention
The Dominican Republic has ratified the OECD Convention on Mutual Administrative Assistance in Tax Matters. Signatories are required to exchange information “on request,” and may agree to exchange information automatically and spontaneously.
Common Reporting Standard (CRS)
The Dominican Republic has not signed the Multilateral Competent Authority Agreement (MCAA) to implement CRS for the automatic exchange of information, and has not committed to join CRS.
FATCA
The Dominican Republic has a FATCA Model 1 IGA with the United States, for the automatic exchange of account information.
In conclusion, the Dominican Republic’s tax system offers a clear framework for both individuals and corporations operating within its borders. By focusing on local source income and implementing anti-avoidance measures, the country ensures a fair taxation environment. Additionally, its engagement in international agreements and treaties, like the TIEA with the United States and the OECD Convention, demonstrates its commitment to global tax cooperation and transparency. Despite not participating in the CRS, the Dominican Republic’s tax regime remains a critical component of its economic infrastructure, promoting fiscal responsibility and attracting investment.
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5 nov 2024 8:16 pm est :
---https://www.papayaglobal.com/glossary/provincial-tax/ from google ( canada federal tax vs provincial tax ) result 1
What is Provincial Tax?
Provincial tax is a form of direct consumption taxation legally required by several Canadian provinces.
Provincial or territorial income tax rates are required in addition to federal income tax rates.
Each province and territory sets its own tax credits, tax rates, and tax deductions. As with federal tax rates, provincial tax rates
are applied based on the person’s income bracket. For instance, someone who lives in British Columbia and makes an income of 70,000 csd
will pay a different amount than someone who makes same amount and lives in Alberta.
Who pays provincial tax in Canada?
In addition to federal income tax, an individual who lives in or has earned income in any Canadian province or territory must pay provincial or
territorial income tax. 1 exception is Quebec , where provincial and territorial taxes are calculated on federal return and collected by
federal government.
What is the difference between federal and provincial tax in Canada?
The federal income tax is the same for everyone in Canada, while provincial rate depend on province where individual resides.
In addition to federal and provincial income taxes, Canadians must pay the following taxes :
Municipal
Income
Sales
Property
Corporate tax
Do non-residents need to pay provincial tax in Canada?
If someone earned income from a business with a permanent establishment in Canada then they are required to pay provincial/territorial tax.
tax rules for non-residents are same as those of non-residents in Canada.
Which province has highest income tax in Canada ?
Quebec has highest income tax rate out of all of Canada’s provinces and territories. Quebec is Canada’s 2-nd most populated province.
Related Items : Pretax income , W-8BEN tax form , Payroll taxes
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5 nov 2024 8:47 pm est :
---https://www.whitehouse.gov/voluntary-disclosure/ from https://www.whitehouse.gov/disclosures/visitor-logs/ from google ( white house visitor log ) result 1
Voluntary Disclosure Policy for White House Visitor Logs
View Visitor Logs
As previously announced, President Biden is reinstating a policy to voluntarily disclose White House visitor logs.
These logs will include appointment information for individuals who have been processed to enter the White House complex,
including White House, Eisenhower Executive Office Building, New Executive Office Building.
Naval Observatory records related to White House business will also be released when they are generated.
voluntary disclosure policy will apply to records created for appointments after 12:00 pm on January 20, 2021.
The White House considers these records to be subject to the Presidential Records Act or the Federal Records Act and will continue
to preserve them accordingly.
This policy will be subject to the following exceptions :
The White House will not release fields within the access records that implicate personal privacy or law enforcement concerns (e.g., dates of birth, social security numbers, and contact phone numbers).
The White House will not release access records of staff members (e.g., staff processed through the visitor system to enter the complex before being issued their badge).
The White House will not release access records whose release would threaten national security interests.
The White House will not release access records related to purely personal guests of the First and Second Families (i.e., visits that do not involve any official or political business).
The White House will not release access records related to a small group of particularly sensitive meetings (e.g., visits of potential Supreme Court nominees). The White House will disclose each month the number of records withheld on this basis, if any, and it will release such records once they are no longer sensitive.
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5 nov 2024 9:1 pm est :
---https://www.citizen.org/victories/story/visitor-logs-from-four-key-white-house-complex-agencies-are-made-public/
from google ( bank worker visit white house visitor log ) result 5
February 15, 2018
Visitor logs from four key White House complex agencies are made public
As a result of a Public Citizen lawsuit, the government is posting visitor logs from four key agencies once a month.
4 White House complex agencies are making their visitor logs public.
3 Number of Freedom of Information Act requests Public Citizen filed.
2,135 Entries were made public the first month.
In 2013, the U.S. Court of Appeals for the District of Columbia held that visitor logs for 4 key agencies in White House complex –
the Office of Management and Budget (OMB), Office of Science and Technology Policy (OSTP), Council on Environmental Quality (CEQ)
and Office of National Drug Control Policy (ONDCP) – are subject to FOIA, as they are not part of president’s office.
In April 2017, Public Citizen submitted its first FOIA request to the Secret Service for visitor logs documenting visits to the 4 agencies.
We submitted two more FOIAs over the next 4 months.
Secret Service rejected or ignored all 3 FOIAs. After first request, the agency also forwarded all documents to
White House Office of Records Management and the agency destroyed its own copies. Documents at the White House Office of Records Management
are not subject to FOIA.
In August 2017, Public Citizen filed a lawsuit against Secret Service.
The lawsuit was settled in February 2018, with government agreeing to post visitor logs for that 4 agencies monthly.
In April 2018, first batch of logs were posted. Under that settlement, Secret Service agreed that it would send the records to White House
every month. White House has 1 week to sort through them and send them back. The agencies then have 1 month to make them public information.
Visitor logs are now being posted publicly every month.
'The Trump administration aimed to keep secret names of people visiting White House in order to keep public in darkness about
corporate takeover of our government. Now we’ll at least have a window to corporate and ideological lobbyists who are driving
Trump administration policy.'
================================================================================================================================================================================
7 sep 2025 4:17 pm est :
---https://www.hg.org/legal-articles/nudity-and-public-decency-laws-in-america-31193
from google ( indecent exposure law nudist resort ) result 1
Nudity and Public Decency Laws in America
SEX CRIME LAW GUIDE
» Who Can Be Held Responsible for a Sex Crime?
» Consequences of Being Convicted of a Sex Crime
» Sexual Abuse Victims Legal Rights and Resources
» Have You Been Falsely Accused of a Sex Crime?
» Legal Guide to Cybersex Crimes
» Sex Crimes Involving Children
» Prostitution and the Law
⇒ Indecent Exposure and the Law
» How Can A Lawyer Help Me in a Sex Crime Case?
In recent years, incidences of public nudity have increased. In some instances, this is innocent fun, like ritual moonings in Orange County, California, and worldwide naked bike riding events.
In other instances, it may be less innocent, like those who expose themselves for sexual gratification against the will of others.
And, of course, somewhere in the middle exists things like the infamous Girls Gone Wild videos or the public flashing at events like Mardi Gras, concerts, or motorcycle events.
So what are the laws affecting public nudity?
Generally, in America, nudity is against the law in public places. Moreover, nudity is also generally illegal on a person’s own property if the nude person is visible to the public, such as through an open window or sunbathing nude in someone's yard. While most state laws are clear about nudity around children and nudity meant to arouse, some other wording is vague and violations often are a matter of community standards for indecency. Of course, in some situations, these laws may conflict with constitutional protections for freedom of expression, particularly if the nudity is part of an artistic performance or political demonstration.
Following is a state-by-state synopsis of nudity laws. Some more obvious laws have been omitted for the sake of brevity, and common sense should be employed (e.g., nudity on school grounds or around children who are not your own will likely never be legal).
There are no federal laws either for or against nudity, except to the extent that it may be protected under the First Amendment right to freedom of expression. Local laws will take precedence when the question of nudity relates to federal lands, such as federal parks, beaches, and other facilities.
In some states there are public lands where nudity is allowed or simply tolerated. There are also private facilities where nudity is allowed in almost every state,
with the usual requirement being that the nudity must simply not be observable from outside, public areas.
New York, Hawaii, Maine, Ohio, and Texas are unique in that they each have laws expressly allowing women to go topless in any location where men could do so legally.
ALABAMA
* Section 13A-6-68 Indecent exposure.
(a) A person commits the crime of indecent exposure if, with intent to arouse or gratify sexual desire of himself or of any person other than his spouse, he exposes his genitals under circumstances in which he knows his conduct is likely to cause affront or alarm in any public place or on the private premises of another or so near thereto as to be seen from such private premises.
(b) Indecent exposure is a Class A misdemeanor.
* Section 13A-12-130 – Public lewdness.
(a) A person commits the crime of public lewdness if:
(1) He exposes his anus or genitals in a public place and is reckless about whether another may be present who will be offended or alarmed by his act; or
(2) He does any lewd act in a public place which he knows is likely to be observed by others who would be affronted or alarmed.
(b) Public lewdness is a Class C misdemeanor.
*Conviction of indecent exposure requires registering as a sex offender.
ALASKA
* Sec. 11.41.460. Indecent exposure in the second degree.
(a) An offender commits the crime of indecent exposure in the second degree if the offender knowingly exposes the offender’s genitals in the presence of another person with reckless disregard for the offensive, insulting, or frightening effect the act may have.
(b) Indecent exposure in the second degree before a person under 16 years of age is a class A misdemeanor. Indecent exposure in the second degree before a person 16 years of age or older is a class B misdemeanor.
ARIZONA
* 13-1402. Indecent exposure; classifications
A. A person commits indecent exposure if he or she exposes his or her genitals or anus or she exposes the areola or nipple of her breast or breasts and another person is present, and the defendant is reckless about whether the other person, as a reasonable person, would be offended or alarmed by the act.
B. Indecent exposure does not include an act of breast-feeding by a mother.
C. Indecent exposure to a person who is fifteen or more years of age is a class 1 misdemeanor. Indecent exposure to a person who is under fifteen years of age is a class 6 felony.
ARKANSAS
* § 5-14-112. Indecent exposure.
(a)(1) A person commits indecent exposure if, with purpose to arouse or gratify the sexual desire of himself or of any other person, he exposes his sex organs:
(A) In a public place or public view; or
(B) Under circumstances in which he knows his conduct is likely to cause affront or alarm.
(2) Indecent exposure is a Class A misdemeanor.
(b)(1) A person commits indecent exposure to a person under the age of twelve (12) years if, with the purpose to arouse or gratify the sexual desire of himself or of any other person he purposefully exposes his sex organs to a person under the age of twelve (12) years.
(2) Indecent exposure to a person the age of twelve (12) years and under is a Class D felony.
* Arkansas is one of the most restrictive jurisdictions as far as nudity is concerned. In fact, any exposure is technically illegal to anyone other than a doctor, nurse, or spouse. Is is also illegal to “advocate, demonstrate, or promote” nudity (a fact which may face First Amendment challenge). Fines vary by location but conviction could require registering as a sex offender.
CALIFORNIA
* SECTION 314. Every person who willfully and lewdly, either: 1. Exposes his person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed thereby; or, 2. Procures, counsels, or assists any person so to expose himself or take part in any model artist exhibition, or to make any other exhibition of himself to public view, or the view of any number of persons, such as is offensive to decency, or is adapted to excite to or thoughts or acts, is guilty of a misdemeanor.
* In 2006 a letter to a California attorney from the Los Angeles Sheriff’s Department stated that “hiking in the forest, in the nude, is not a violation of the law.”
* There is also the Cahill Policy which states “it shall be the policy of the Department that enforcement of nude sunbathing regulations within the State Park System shall be made only upon the complaint of a private citizen. Citations or arrests shall be made only after attempts are made to elicit voluntary compliance with the regulations.”
* There are many nude beaches and resorts in California but local ordinances vary for nudity on public beaches.
COLORADO
* 18-7-301. Public indecency.
(1) Any person who performs any of the following in a public place or where the conduct may reasonably be expected to be viewed by members of the public commits public indecency:
(a) An act of sexual intercourse; or
(b) An act of deviate sexual intercourse; or
(c) A lewd exposure of the body done with intent to arouse or to satisfy the sexual desire of any person; or
(d) A lewd fondling or caress of the body of another person.
(2) Public indecency is a class 1 petty offense.
* The plain language of this offense reflects the general assembly’s intent to make public indecency a strict liability crime without a culpable mental state. Because this section makes it a crime to perform any of the stated acts where the conduct may reasonably be expected to be viewed by members of the public, it does not matter whether the defendant knew he was in a public place. The objective standard depends on what a reasonable person in the defendant’s position should have known. Therefore, the trial court did not err in rejecting a jury instruction that would have required the jury to find the defendant knew he was in a public place. People v. Hoskay, 87 P.3d 194 (Colo. App. 2003).
* 18-7-302 – Indecent exposure.
(1) A person commits indecent exposure if he knowingly exposes his genitals to the view of any person under circumstances in which such conduct is likely to cause affront or alarm to the other person.
(2) (a) (Deleted by amendment, L. 2003, p. 1435, § 31, effective July 1, 2003.)
(b) Indecent exposure is a class 1 misdemeanor.
(4) Indecent exposure is a class 6 felony if the violation is committed subsequent to two prior convictions of a violation of this section or of a violation of a comparable offense in any other state or in the United States, or of a violation of a comparable municipal ordinance.
CONNECTICUT
* § 53a-186. Public indecency: Class B misdemeanor.
(a) A person is guilty of public indecency when he performs any of the following acts in a public place:
(1) An act of sexual intercourse as defined in subdivision (2) of section 53a-65; or
(2) a lewd exposure of the body with intent to arouse or to satisfy the sexual desire of the person; or
(3) a lewd fondling or caress of the body of another person.
For the purposes of this section, “public place” means any place where the conduct may reasonably be expected to be viewed by others.
(b) Public indecency is a class B misdemeanor.
DELAWARE
* TITLE 11 § 764. Indecent exposure in the second degree; unclassified misdemeanor.
(a) A male is guilty of indecent exposure in the second degree if he exposes his genitals or buttocks under circumstances in which he knows his conduct is likely to cause affront or alarm to another person.
(b) A female is guilty of indecent exposure in the second degree if she exposes her genitals, breast or buttocks under circumstances in which she knows her conduct is likely to cause affront or alarm to another person.
Indecent exposure in the second degree is an unclassified misdemeanor.
FLORIDA
* 800.03 Exposure of sexual organs. It is unlawful to expose or exhibit one’s sexual organs in public or on private premises of another, or so near thereto as to be seen
from such private premises, in a vulgar or indecent manner, or to be naked in public except in any place provided or set apart for that purpose. Violation of this section
is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. A mother’s breastfeeding of her baby does not under any circumstance violate this section.
* 877.03 Breach of the peace; disorderly conduct.
Whoever commits such acts as are of a nature to corrupt the public morals, or outrage the sense of public decency, or affect the peace and quiet of persons who may witness them,
or engages in brawling or fighting, or engages in such conduct as to constitute a breach of the peace or disorderly conduct, shall be guilty of a misdemeanor of the second degree,
punishable as provided in s. 775.082 or s. 775.083.
* The state law in Florida makes nudity illegal only if the nudity is “vulgar or indecent,” but being naked on your property
where you can be seen by neighbors is still against the law.
* There are nude resorts and beaches in Florida though some of that beaches are “unofficial” clothing optional spots so be aware of local ordinances.
* Note that Brevard County has an anti-nudity ordinance. Cape Canaveral, Cocoa Beach,and Titusville are in Brevard County.
GEORGIA
* § 16-6-8. Public indecency.
(a) A person commits the offense of public indecency when he or she performs any of the following acts in a public place:
(1) An act of sexual intercourse;
(2) A lewd exposure of the sexual organs;
(3) A lewd appearance in a state of partial or complete nudity; or
(4) A lewd caress or indecent fondling of the body of another person.
(b) A person convicted of the offense of public indecency as provided in subsection (a) of this Code section shall be punished as for a misdemeanor except as provided in subsection (c) of this Code section.
(c) Upon a third or subsequent conviction for public indecency for the violation of paragraph (2), (3), or (4) of subsection (a) of this Code section, a person shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years.
(d) For the purposes of this Code section only, “public place” shall include jails and penal and correctional institutions of the state and its political subdivisions.
(e) This Code section shall be cumulative to and shall not prohibit the enactment of any other general and local laws, rules, and regulations of state and local authorities or agencies and local ordinances prohibiting such activities which are more restrictive than this Code section.
HAWAII
* §707-733 Sexual assault in the fourth degree. (1) A person commits the offense of sexual assault in the fourth degree if:
(a) The person knowingly subjects another person to sexual contact by compulsion or causes another person to have sexual contact with the actor by compulsion;
(b) The person knowingly exposes the person’s genitals to another person under circumstances in which the actor’s conduct is likely to alarm the other person or
put the other person in fear of bodily injury; or
(c) The person knowingly trespasses on property for the purpose of subjecting another person to surreptitious surveillance for the sexual gratification of the actor.
(2) Sexual assault in the fourth degree is a misdemeanor.
* §707-734 Indecent exposure.
(1) A person commits the offense of indecent exposure if, the person intentionally exposes that person’s genitals to a person to whom that person is not married
under circumstances in which the actor’s conduct is likely to cause affront.
(2) Indecent exposure is a petty misdemeanor.
* Hawaii Stat Parks: 13-146-38 Swimming; nudity. (a) A person may swim or bathe except in waters and at times where these activities are prohibited in the interest of public health or
safety. These waters shall be designated by posting of appropriate signs. No person shall bathe, swim, walk, sunbathe, or remain on the premises in the nude, or
take outdoor showers in the nude, except for bathing or changing clothes within enclosed facilities provided for those purposes or for the exposed breast of
a nursing mother in the act of breastfeeding an infant.
* US Federal Nudity Law
Specific to Kaloko-Honokohau National Historical Park: Public nudity, including nude bathing, by any person on Federal land or water within the boundaries of
Kaloko- Honokohau National Historical Park is prohibited. This section does not apply to a person under 10 years of age.
IDAHO
* 18-4116. INDECENT EXPOSURE.
Every person who willfully and lewdly, either:
(1) Exposes his or her genitals, in any public place, or in any place where there is present another person or persons who are offended or annoyed thereby; or,
(2) Procures, counsels, or assists any person so to expose his or her genitals, where there is present another person or persons who are offended or annoyed thereby is guilty of a misdemeanor.
* Any person who pleads guilty to or is found guilty of a violation of subsection (1) or (2) of this section or a similar statute in another state or any local jurisdiction for a second time within five (5) years, notwithstanding the form of the judgment(s) or withheld judgment(s), is guilty of a felony.
ILLINOIS
* Sec. 11-9. Public Indecency.
(a) Any person of the age of 17 years and upwards who performs any of the following acts in a public place commits a public indecency:
(1) An act of sexual penetration or sexual conduct as defined in Section 12-12 of this Code; or
(2) A lewd exposure of the body done with intent to arouse or to satisfy the sexual desire of the person.
Breast-feeding of infants is not an act of public indecency.
(b) “Public place” for purposes of this Section means any place where the conduct may reasonably be expected to be viewed by others.
(c) Sentence. Public indecency is a Class A misdemeanor. A person convicted of a third or subsequent violation for public indecency is guilty of a Class 4 felony.
* While nude bathing has been going on at several beaches in the Chicago area for years it is tolerated rather than allowed.
INDIANA
* Public indecency
Sec. 1. (a) A person who knowingly or intentionally, in a public place:
(3) appears in a state of nudity with the intent to arouse the sexual desires of the person or another person; or
(4) fondles the person’s genitals or the genitals of another person;
commits public indecency, a Class A misdemeanor.
(b) A person at least eighteen (18) years of age who knowingly or intentionally, in a public place, appears in a state of nudity with the intent to be seen by a child less than sixteen (16) years of age commits public indecency, a Class A misdemeanor.
(d) As used in this section, “nudity” means the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of covered male genitals in a discernibly turgid state.
(e) A person who, in a place other than a public place, with the intent to be seen by persons other than invitees and occupants of that place:
(4) appears in a state of nudity;
where the person can be seen by persons other than invitees and occupants of that place commits indecent exposure, a Class C misdemeanor.
* Public nudity
Sec. 1.5. (a) As used in this section, “nudity” has the meaning set forth in section 1(d) of this chapter.
(b) A person who knowingly or intentionally appears in a public place in a state of nudity commits public nudity, a Class C misdemeanor.
(c) A person who knowingly or intentionally appears in a public place in a state of nudity with the intent to be seen by another person commits a Class B misdemeanor. However, the offense is a Class D felony if the person has a prior unrelated conviction under this subsection or under subsection (d).
(d) A person who knowingly or intentionally appears in a state of nudity:
(2) in a public park; or
(3) with the intent to arouse the sexual desires of the person or another person, in a department of natural resources owned or managed property;
commits a Class A misdemeanor. However, the offense is a Class D felony if the person has a prior unrelated conviction under this subsection or under subsection (c).
IOWA
* §709.9 Indecent exposure.
A person who exposes the person’s genitals or pubes to another not the person’s spouse, or who commits a sex act in the presence of or view of a 3-rd person,
commits a serious misdemeanor , if:
1. The person does so to arouse or satisfy sexual desires of either party; and
2. The person know or reasonably should know that that act is offensive to that viewer.
* The following refers to Iowa’s sex offender registry
§692A.1 DEFINITIONS.
As used in this chapter and unless the context otherwise requires:
7. “Other relevant offense” means any of the following offenses:
c. Indecent exposure in violation of section 709.9.
e. A criminal offense committed in another jurisdiction which would constitute an indictable offense under paragraphs “a” through “d” if committed in this state.
§692A.2 PERSONS REQUIRED TO REGISTER.
1. A person who has been convicted of a criminal offense against a minor, an aggravated offense, sexual exploitation, an other relevant offense , or a sexually violent offense
in this state or in another state, or in a federal, military, tribal, or foreign court, or a person required to register in another state under the state’s sex offender registry,
shall register as provided in this chapter.
* There are no nude establishments in Iowa as noted by §728.5 Public indecent exposure in certain establishments : An owner, manager, or person who exercises direct control over
a place of business required to obtain a sales tax permit shall be guilty of a serious misdemeanor under any of the following circumstances: 4. If such person allows or permits
any person to remain in or upon the place of business who exposes to public view the person’s genitals, pubic hair, or anus.
KANSAS
* 21-3508. Lewd and lascivious behavior.
(a) Lewd and lascivious behavior is:
(1) Publicly engaging in otherwise lawful sexual intercourse or sodomy with knowledge or reasonable anticipation that the participants are being viewed by others; or
(2) publicly exposing a sex organ or exposing a sex organ in the presence of a person who is not the spouse of the offender and who has not consented thereto, with intent to arouse or gratify the sexual desires of the offender or another.
KENTUCKY
* 510.150 Indecent exposure in the second degree.
(1) A person is guilty of indecent exposure in the second degree when he intentionally exposes his genitals under circumstances in which he knows or should know that his conduct is likely to cause affront or alarm to a person eighteen (18) years of age or older.
(2) Indecent exposure in the second degree is a Class B misdemeanor.
LOUISIANA
* 14:106. Obscenity
A. The crime of obscenity is the intentional:
(1) Exposure of the genitals, pubic hair, anus, vulva, or female breast nipples in any public place or place open to the public view with the intent of arousing sexual desire or which appeals to prurient interest or is patently offensive.
Punishment: First offense 3 yr, $2500; second offense 3 yr, $5000, third offense 5 yr, $10,000
Prison mandatory with no probation on second offense.
Violation in presence of unmarried person under 17 years punished as third offense.
MAINE
* § 854. Indecent conduct
1.A person is guilty of indecent conduct if:
A. In a public place:
(1) The actor engages in a sexual act, as defined in section 251; or
(2) The actor knowingly exposes the actor’s genitals under circumstances that, in fact, are likely to cause affront or alarm;
B. In a private place, the actor exposes the actor’s genitals with the intention that the actor be seen from a public place or from another private place; or
C. In a private place, the actor exposes the actor’s genitals with the intention that the actor be seen by another person in that private place under circumstances that the actor knows are likely to cause affront or alarm.
MARYLAND
* § 11-107. Indecent exposure.
A person convicted of indecent exposure is guilty of a misdemeanor and is subject to imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both.
MASSACHUSETTS
* Chapter 272: Section 53 Penalty for certain offenses
…and persons guilty of indecent exposure may be punished by imprisonment in a jail or house of correction for not more than six months, or by a fine of not more than two hundred dollars, or by both such fine and imprisonment.
* Sec. 7.67 Cape Cod National Seashore.
(13) (e) Public nudity. Public nudity, including public nude bathing, by any person on Federal land or water within the boundaries of Cape Cod National Seashore is prohibited.
MICHIGAN
* 750.167 Disorderly person
(1) A person is a disorderly person if the person is any of the following:
(f) A person who is engaged in indecent or obscene conduct in a public place.
* Michigan law allows cities and towns: “To regulate or prohibit public nudity within village boundaries. As used in this subdivision, “public nudity” means knowingly or intentionally displaying in a public place, or for payment or promise of payment by any person including, but not limited to, payment or promise of payment of an admission fee, any individual’s genitals or anus with less than a fully opaque covering, or a female individual’s breast with less than a fully opaque covering of the nipple and areola.”
MINNESOTA
* 617.23 Indecent exposure; penalties.
Subdivision 1. Misdemeanor. A person who commits any of the following acts in any public place, or in any place where others are present, is guilty of a misdemeanor:
(1) willfully and lewdly exposes the person’s body, or the private parts thereof;
(2) procures another to expose private parts.
MISSISSIPPI
* § 97-29-31. Indecent exposure.
A person who wilfully and lewdly exposes his person or private parts thereof in any public place or in any place where others are present or procures another to so expose himself is guilty of a misdemeanor and on conviction shall be punished by a fine not exceeding five hundred dollars ($500.00) or be imprisoned not exceeding six (6) months or both.
MISSOURI
* Sexual misconduct, second degree, penalties.
566.093. 1. A person commits the crime of sexual misconduct in the second degree if such person:
(1) Exposes his or her genitals under circumstances in which he or she knows that his or her conduct is likely to cause affront or alarm.
MONTANA
* 45-5-504. Indecent exposure.
(1) A person who, for the purpose of arousing or gratifying the person’s own sexual desire or the sexual desire of any person, exposes the person’s genitals under circumstances in which the person knows the conduct is likely to cause affront or alarm commits the offense of indecent exposure.
NEBRASKA
* 28-806. Public indecency; penalty.
(1) A person, eighteen years of age or over, commits public indecency if such person performs or procures, or assists any other person to perform, in a public place and where the conduct may reasonably be expected to be viewed by members of the public:
(a) An act of sexual penetration; or
(b) An exposure of the genitals of the body done with intent to affront or alarm any person; or
(c) A lewd fondling or caressing of the body of another person of the same or opposite sex.
NEVADA
* NRS 201.220 Indecent or obscene exposure; penalty.
1. A person who makes any open and indecent or obscene exposure of his person, or of the person of another, is guilty:
(a) For the first offense, of a gross misdemeanor.
NEW HAMPSHIRE
* § 645:1 Indecent Exposure and Lewdness.
I. A person is guilty of a misdemeanor if such person fornicates, exposes his or her genitals, or performs any other act of gross lewdness under circumstances which he or she should know will likely cause affront or alarm.
NEW JERSEY
* 2C:14-4. Lewdness.
a. A person commits a disorderly persons offense if he does any flagrantly lewd and offensive act which he knows or reasonably expects is likely to be observed by other non-consenting persons who would be affronted or alarmed.
* 40:48-1. Ordinances; general purpose. The governing body of every municipality may make, amend, repeal and enforce ordinances to: regulate or prohibit persons from appearing in a state of nudity upon all lands within its borders which are under the jurisdiction of the State including, without limitation, all lands owned by, controlled by, managed by or leased by the State.
NEW MEXICO
* 30-9-14. Indecent exposure.
A. Indecent exposure consists of a person knowingly and intentionally exposing his primary genital area to public view.
B. As used in this section, “primary genital area” means the mons pubis, penis, testicles, mons veneris, vulva or vagina.
C. Whoever commits indecent exposure is guilty of a misdemeanor.
D. In addition to any punishment provided pursuant to the provisions of this section, the court shall order a person convicted for committing indecent exposure to participate in and complete a program of professional counseling at his own expense.
* Indecent dancing and waitering are also illegal in New Mexico.
NEW YORK
* § 245.00 Public lewdness. A person is guilty of public lewdness when he intentionally exposes private parts or intimate parts of his body in a lewd manner or
commits any other lewd act (a) in a public place, or (b) in private premises under circumstances in which he may readily be observed from either a public place or
from other private premises, and with intent that he be so observed.
Public lewdness is a class B misdemeanor.
* § 245.01 Exposure of a person. A person is guilty of exposure if he appears in a public place in such a manner that private parts or intimate parts of his body are
unclothed or exposed. For purposes of this section, the private or intimate parts of a female person shall include that portion of the breast which is below the top of the areola.
This section shall not apply to the breastfeeding of infants or to any person entertaining or performing in a play, exhibition, show or entertainment.
* Exposure of a person is a violation.
Nothing in this section shall prevent the adoption by a city, town or village of a local law prohibiting exposure of a person as herein defined in a public place, at any time,
whether or not such person is entertaining or performing in a play, exhibition, show or entertainment.
* In 1992 the New York Court of Appeals, in a ruling by Judge Vito Totone found that “the People have offered nothing to justify a law that discriminates against women by prohibiting them from removing their tops and exposing their bare chests in public as men are routinely permitted to do.”
NORTH CAROLINA
* § 14-190.9. Indecent exposure.
(a) Unless the conduct is punishable under subsection (a1) of this section, any person who shall willfully expose the private parts of his or her person in any public place and in the presence of any other person or persons, except for those places designated for a public purpose where the same sex exposure is incidental to a permitted activity, or aids or abets in any such act, or who procures another to perform such act; or any person, who as owner, manager, lessee, director, promoter or agent, or in any other capacity knowingly hires, leases or permits the land, building, or premises of which he is owner, lessee or tenant, or over which he has control, to be used for purposes of any such act, shall be guilty of a Class 2 misdemeanor.
NORTH DAKOTA
* § 12.1-20-12.1. Indecent exposure.
1. A person, with intent to arouse, appeal to, or gratify that person’s lust, passions, or sexual desires, is guilty of a class A misdemeanor if that person:
b. Exposes one’s penis, vulva, or anus in a public place or to a minor in a public or private place.
* § 12.1-31-01. Disorderly conduct.
1. An individual is guilty of a class B misdemeanor if, with intent to harass, annoy, or alarm another person or in reckless disregard of the fact that another person is harassed, annoyed, or alarmed by the individual’s behavior, the individual:
c. In a public place, uses abusive or obscene language, knowingly exposes that individual’s penis, vulva, or anus, or makes an obscene gesture.
OHIO
* § 2907.09 Public Indecency.
(A) No person shall recklessly do any of the following, under circumstances in which the person’s conduct is likely to be viewed by and affront others who are in the person’s physical proximity and who are not members of the person’s household:
(1) Expose his or her private parts.
OKLAHOMA
* §21-1021. Indecent exposure – Indecent exhibitions – Obscene material or child pornography – Solicitation of minors.
A. Every person who willfully and knowingly either:
1. Lewdly exposes his person or genitals in any public place, or in any place where there are present other persons to be offended or annoyed thereby.
OREGON
* 163.465 Public indecency.
(1) A person commits the crime of public indecency if while in, or in view of, a public place the person performs:
(a) An act of sexual intercourse; or
(b) An act of deviate sexual intercourse; or
(c) An act of exposing the genitals of the person with the intent of arousing the sexual desire of the person or another person.
PENNSYLVANIA
* § 3127. Indecent exposure.
(a) Offense defined.–A person commits indecent exposure if that person exposes his or her genitals in any public place or in any place where there are present other persons under circumstances in which he or she knows or should know that this conduct is likely to offend, affront or alarm.
* § 23.24 states that disorderly conduct, indecent exposure, and obscene or lewd acts or dress are prohibited at state forest picnic areas.
RHODE ISLAND
* § 11-45-2. Indecent exposure – Disorderly conduct. — (a) A person commits indecent exposure/disorderly conduct when for the purpose of sexual arousal, gratification or stimulation, such person intentionally, knowingly, or recklessly:
(1) Exposes his or her genitals to the view of another under circumstances in which his or her conduct is likely to cause affront, distress, or alarm to that person;
* § 45-6-1 Scope of ordinances permissible. – (a) Town and city councils may, from time to time, make and ordain all ordinances and regulations for their respective towns and cities, not repugnant to law, which they deem necessary for the safety of their inhabitants… to prevent the indecent exposure of any one bathing in any of the waters within their respective towns and cities.
SOUTH CAROLINA
* SECTION 16-15-130. Indecent exposure; breastfeeding.
(A)(1) It is unlawful for a person to willfully, maliciously, and indecently expose his person in a public place, on property of others, or to the view of any person on a street or highway.
* (2) This subsection does not apply to a woman who breastfeeds her own child in a public place, on property of others, to the view of any person on a street or highway, or any other place where a woman and her child are authorized to be.
SOUTH DAKOTA
* § 22-24-1.1.Public indecency–Misdemeanor. A person commits the crime of public indecency if the person, under circumstances in which that person knows that his or her conduct is likely to annoy, offend, or alarm some other person, exposes his or her anus or genitals in a public place where another may be present who will be annoyed, offended, or alarmed by the person’s act. A violation of this section is a Class 2 misdemeanor.
* § 22-24-1.2. Indecent exposure–Misdemeanor or felony. A person commits the crime of indecent exposure if, with the intent to arouse or gratify the sexual desire of any person, the person exposes his or her genitals in a public place, or in the view of a public place, under circumstances in which that person knows that person’s conduct is likely to annoy, offend, or alarm another person.
* A misdemeanor conviction for public indecent exposure can result in the requirement for registration on the state’s sex offender list.
TENNESSEE
* 39-13-511. Public indecency – Indecent exposure.
(a) (1) (A) A person commits the offense of public indecency who, in a public place, as defined in subdivision (a)(2)(B), knowingly or intentionally:
(ii) Appears in a state of nudity.
* 36-6-304. Exposure of child to nudist colony prohibited. Except by the custodial parent.
* Knox County (Knoxville) has a nudity ordinance.
TEXAS
* Penal Code Title 9, Section 42.01 Disorderly conduct: public nudity.
(a) A person commits an offense if he intentionally or knowingly:
(12) exposes his anus or genitals in a public place and is reckless about whether another may be present who will be offended or alarmed by his act.
§21.08. Indecent exposure.
(a) A person commits an offense if he exposes his anus or any part of his genitals with intent to arouse or gratify the sexual desire of any person, and he is reckless about whether another is present who will be offended or alarmed by his act.
RULE §59.134 Rules of Conduct in Parks (Texas State Parks)
(h) Nudity and disrobing. It is an offense to appear nude.
UTAH
* 76-9-702. Lewdness — Sexual battery — Public urination.
(1) A person is guilty of lewdness if the person under circumstances not amounting to rape, object rape, forcible sodomy, forcible sexual abuse, aggravated sexual assault, or an attempt to commit any of these offenses, performs any of the following acts in a public place or under circumstances which the person should know will likely cause affront or alarm to, on, or in the presence of another who is 14 years of age or older:
(b) exposes his or her genitals, the female breast below the top of the areola, the buttocks, the anus, or the pubic area;
* At Diamond Fork Hot Springs in the Uinta-Wasatch-Cache National Forest a sign is posted at the trailhead. It reads “Although nudity is not prohibited on Forest Service land, discretion is advised.” In spite of this, arrests have been made.
VERMONT
* § 2601. Lewd and lascivious conduct
A person guilty of open and gross lewdness and lascivious behavior shall be imprisoned not more than five years or fined not more than $300.00, or both.
VIRGINIA
* § 18.2-387 Indecent exposure
Every person who intentionally makes an obscene display or exposure of his person, or the private parts thereof, in any public place,
or in any place where others are present, or procures another to so expose himself, shall be guilty of a Class 1 misdemeanor.
No person shall be deemed to be in violation of this section for breastfeeding a child in any public place or any place where others are present.
WASHINGTON
* RCW 9A.88.010 Indecent exposure. (1) A person is guilty of indecent exposure if he or she intentionally makes any open and obscene exposure of his or her person or the person of another knowing that such conduct is likely to cause reasonable affront or alarm. The act of breastfeeding or expressing breast milk is not indecent exposure.
WEST VIRGINIA
* §61-8-9. Indecent exposure.
(a) A person is guilty of indecent exposure when such person intentionally exposes his or her sex organs or anus or the sex organs or anus of another person, or intentionally causes such exposure by another or engages in any overt act of sexual gratification, and does so under circumstances in which the person knows that the conduct is likely to cause affront or alarm.
WISCONSIN
* 944.20 Lewd and lascivious behavior.
(1) Whoever does any of the following is guilty of a Class A misdemeanor:
(a) Commits an indecent act of sexual gratification with another with knowledge that they are in the presence of others; or
(b) Publicly and indecently exposes genitals or pubic area.
WYOMING
* 6-4-201. Public indecency; penalties.
(a) A person is guilty of public indecency if, while in a public place where he may reasonably be expected to be viewed by others, he:
(i) Performs an act of sexual intrusion, as defined by W.S. 6-2-301(a)(vii); or
(ii) Exposes his intimate parts, as defined by W.S. 6-2-301(a)(ii), with the intent of arousing the sexual desire of himself or another person.
Provided by HG.org
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Disclaimer: Every effort has been made to ensure the accuracy of this publication at the time it was written. It is not intended to provide legal advice or suggest a guaranteed outcome as individual situations will differ and the law may have changed since publication. Readers considering legal action should consult with an experienced lawyer to understand current laws and.how they may affect a case.
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---https://www.cbsnews.com/philadelphia/news/public-indecency-on-your-own-property/
from google ( indecent exposure law nudist resort ) result 3 -> ppl also ask -> Can you be a nudist on your own property?
Public Indecency On Your Own Property
philadelphia
September 2, 2014 / 1:14 AM / CBS Philadelphia
By Amy E. Feldman
PHILADELPHIA (CBS) - Can you be arrested for public indecency if you're on your own property?
A 69-year-old Shrewsbury, Massachusetts man was arrested this month for doing yard work. In the nude. One might be worried about getting one's private parts near moving mechanical parts, but not this gentleman who was, not surprisingly, drunk and belligerent at the time the police, tipped off by the people slowing down street traffic to take his picture, arrested him.
While appearing naked in public sounds to some like last night's bad dream, other people who sunbathe nude in their yards may wonder: how can it be public indecency if you're on your own property?
The answer is that while state laws vary, in most states to be guilty of exposure, lewdness, or other crimes that involve being viewed in the nude, the location need only be visible to the public.
So, even if you are on your own property, you can still be arrested if others can see you.
Next time you want to sunbathe, do your yard work, or simply walk around commando style, make sure you're behind your own fence, or better yet, protect your assets and cover up at least the parts that don't really need sun exposure.
First published on September 2, 2014 / 1:14 AM
© 2014 CBS Broadcasting Inc. All Rights Reserved.
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---https://www.alltherooms.com/blog/clothing-optional-communities/ from google ( clothing optional residential area ) result 2
6 Best Clothing-Optional Communities
Written by Zack Davisson on September 21, 2018
Written by Zack Davisson
Zack is a recovering technical recruiter who traded in his suit and tie in Silicon Valley for salsa music and a passion for writing in Medellin, Colombia. When not writing for AllTheRooms you can find Zack with his nose in a book, puttering around nature, or getting ultra-competitive while watching Jeopardy.
Last Updated on October 3, 2018
← Back to ‘Nudist Travel – Tips, Tricks and the Skinny of Baring it All on Vacation’
Ask older generations, ask social historians, and they will tell you Americans are retreating into their homes. Technology and other factors have taken away the classic neighbor-to-neighbor experience. So what if we told you there was a way to reverse this? That there is a method to get to know your neighbor really well…like really, really well. That’s right, we’re talking naturist communities. Also known as areas where people live free from the confines of clothing. Where neighbors don’t ignore each other but instead give polite waves, as other things wave in the breeze. For everyone who’s curious, we’ve arranged information on clothing-optional communities around the world, as well as few of the better-known locations.
By Shutterstock | Kaspars Grinvalds
Nudist Communities v Nudist Resorts
The two can, at times, be a bit synonymous because many permanent nudist communities exist on the same grounds as nudist resorts. While nudist resorts welcome short-term vacationers, it’s normal to meet people living there in homes, condos, apartments, or RVs near to the hotel. Resorts really thrive on the community atmosphere as they have a consistent schedule of nude activities and poolside socializing. Those who live on the premises are also welcome to participate in these resort goings-on.
Many communities have homeowners’ associations, maybe even a neighborhood watch (although the implications and logistics of this one in a nudist community are intriguing, to say the least), so it’s not totally unlike a retirement community but just with an emphasis on #freethewrinkles.
Nudist communities, along with pretty much anything associated with living a naturist lifestyle, comes with a lot of stereotypes and assumptions, and some are truer than others. It is true that the demographics of these communities does skew heavily towards the older crowd, but it is not completely unusual to find folk from 20 years old and up attending also. Another stereotype is that these communities are full of swingers. At times resorts and communities will hold events for swingers but the large majority of couples in naturist communities are not.
By Shutterstock | Josep Curto
Notable Nudist Communities from Around the World
Desert Sun
This famed nudist resort in the arid deserts of California, near the popular vacation destination of Palm Springs, also offers villas, which are one or two bedroom condos. Both residents and guests at the resort are welcome to the use of onsite amenities like the pool, spa, bar/café, gym, and tennis courts.
By Pinterest
Caliente and The Woods
Caliente in Tampa, Florida is one of the largest naturist resorts in the world and offers living accommodations, in addition to hotel rooms, that include casitas and multiple condominium options. The grounds at Caliente has plenty to do, including a quarter acre-sized pool, volleyball, tennis, and pickleball courts, as well as a full service spa. However, Caliente is also a huge party spot for large, in-the-buff themed fiestas. The environment can at times be rowdy and perhaps to some naturists, a little overwhelming. For those who prefer something more low-key, there is a clothing-optional community just down the road called The Woods. The Woods is primarily a RV park. The community has its own pool area and a clubhouse that rests alongside a small pond.
Cap D’Agde
Known globally as the “Naked City”, Cap D’Agde, on the Mediterranean coast of France, may just be the premier place to live in your birthday suit. While most naturist communities have communal nude areas around the pool and other leisurely places, the naturist village at Cap D’Agde takes nudity to the next level. Rather than just stripping down around the house or pool deck, residents of Cap D’Agde can do normal every day activities naked, such as go to the post office, bank, and grocery store. With beach access and some 180 businesses within the village, it may not even be necessary to have a closet.
Vera Playa
Unlike many of their French counterparts, Spain’s Vera Playa offers year-round nudist-friendly weather. Located on the southeastern coast, the near desert climate makes for comfortable sans clothing living, even during the winter months. Vera Playa refers to themselves as the only resort on the mainland of Europe offering these incredible conditions for nudists. Their seaside land has a 4-star hotel resort along with over 2,000 private residences. Their naturist beach is about 8,202 feet long and with plenty of nude facilities around the resort, many guests can spend a full vacation here without ever interacting with the “textile” community.
By Vera Playa Vacations
Paradise Lakes Resort
Another staple of the popular nudist community in the Tampa and Land O’ Lakes area of Florida, Paradise Lakes Resorts is a naturist community built on 72 acres of land. A stay in one of their cabanas within the gated community gives anyone access to onsite amenities like multiple pools, a spa, restaurants, nightclub, and a gym. Unlike some other resorts that require nudity at all times, Paradise Lakes Resort is a true clothing-optional location, meaning it could be a good place for a first-timer because guests can shed as much, or as little clothing, they like at any time.
Oasis Village
Not to be confused with The Oasis, another quality nudist community in Florida, Oasis Village is a naturist community in France, on the coast between Montpellier and Barcelona. Permanent residences can accommodate up to six people and most have garden terraces with views of the nearby lake and seashore. Oasis Village caters to entire families, not just adults, so you can take the anyone for a liberated getaway.
3.9
11
California's Top Five Nudist Resorts
Best Nudist Resorts in Arizona: Clothing-Optional Vacations in the Grand Canyon State
The Best Clothing-Optional Couples Resorts in the World
Tags
France Spain United States of America (USA)
[addition 22 jan 2026 8:11 pm est]
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--- https://sandinmysuitcase.com/the-art-of-bathing-in-baden-badens-friedrichsbad/ from google ( baden baden public nudity ) result 1
publish-date : Last updated : 18 jul 2022
scriber : Janice and George
Home / Culture
The Art of Bathing Naked at Baden-Baden’s Friedrichsbad
Please double-check things like opening hours before you go. Also, we use affiliate links.
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The Germans sure know how to take a bath!
In German town of Baden-Baden, nestled in foothills of Black-Forest, more than 210,000 gallon hot mineral-rich water bubble-up daily
from 12 thermal springs.
Not surprisingly, there are several spa in Baden-Baden. Some are attached to hotels and resorts.
2 of finest spa , are stand-alone spa in heart of beautiful spa town.
There’s Caracalla-Therme (which we cover at the end of this post).
But the best Baden-Baden spa – if you don’t mind getting naked – is its sister operation , Friedrichsbad.
Right next door to Caracalla-spa , Friedrichsbad elevate simple act of getting clean to a decadent 3.5 hour ritual.
And just like you must go to a Turkish-hammam in Istanbul , when in Baden-Baden, you must visit Friedrichsbad !
In Baden-Baden, don’t miss bathing at Friedrichsbad!
Best Baden-Baden spa: Friedrichsbad
Friedrichsbad history
Spa etiquette
Friedrichsbad baths: 17 stages
Best part of the Friedrichsbad spa?
Roman-Irish bath underneath
Friedrichsbad co-ed days and hours
Caracalla Spa
Where to stay in Baden-Baden
The Friedrichsbad, Baden-Baden: History
Friedrichsbad, Baden-Baden
Bathing at Friedrichsbad is 1 of best things to do in Baden-Baden (Credit: Friedrichsbad)
Friedrichsbad spa was built at the end of Baden-Baden’s belle epoque as summer capital of Europe, when Queen Victoria, Dostoevsky,
King Ludwig of Bavaria and Brahms would stroll its leafy Lichtentaler Allee park.
Baden-Baden’s famous casino (described later by Marlene-Dietrich as “most beautiful” in world) had closed, and baden2-town needed a new attraction.
Hence Friedrichsbad – an enormous neoclassical palace – opened in year 1877, dedicated to art of bathing.
And whether you spend 1 week or 1 weekend in Baden-Baden, be sure you set aside time for Friedrichsbad.
German spa etiquette
friedrichsbad
Don’t be shy! Men and women bathe nude together at this naked spa (Credit: Friedrichsbad)
Be prepared to leave your modesty outside.
Have you heard of textile-free spas ? Friedrichsbad is 1 of them. You’ll strip completely (all part of German sauna culture) and be
in a “textile-free zone” (i.e., swimsuits are verboten).
These Baden-Baden baths are also co-ed most days. And even on days when men and women enter separate dressing rooms,
everyone still comes together for a couple of stages in the middle.
Germans are quite used to this. It’s only tourists who look sheepish.
And we have to admit we felt uncomfortable too for a while at beginning of our Friedrichsbad bath journey –
until we started to relax and enjoy our time.
Friedrichsbad baths: 17 stages of bathing pleasure
1 of Friedrichsbad’s gorgeous bathing pools (Credit: Friedrichsbad)
You follow a 17-step ritual combining Roman-Irish bathing traditions.
1-st you get butt naked. Then you walk from 1 opulent tiled room to another.
rooms are filled with clouds of steam, hot dry air or pools of varying temperatures.
Signs along the way indicate the recommended amount of time you should spend at different stations.
You should allow at least 3 hour for this exclusive bathing treat. And even then, time will fly.
When Mark-Twain took to thermal-waters at Friedrichsbad, he wrote, “You lose track of time within 10 minute and track of world within 20 minute".
Getting squeaky clean at this Baden-Baden spa!
Stage 1: Shower
A white-garbed attendant (and she’s a female attendant in ladies’ locker room) guides you to shower-room for a strong hot dunk
under a showerhead as big as a dinner plate.
Stages 2 and 3: Warm- and hot-air bath
You recline on a teak lounger, first in a vaulted warm room, then in a hot sauna room, while staring up at decorative tiles of peacocks,
flowers and lily ponds.
Your body temperature rises, and you begin to sweat.
Stage 4: Shower again
Take another shower under another huge showerhead.
Stage 5: Brush and soap massage
This is the brush and soap massage – lie down on a white marble bed in a white marble room, and a masseuse lathers you like a baby,
massages you and scrubs you with a stiff brush.
And, yes, she slaps you on the backside when done.
Stage 6: Shower
Rinse off again. (You’re starting to feel quite clean by now!)
Stages 7 and 8: Thermal steam baths
Then it’s on to a thermal steam room, with massive mysterious-looking copper pipes coiled around exposed rocks.
Grab a clean white fanny pad, and sit on a stepped pyramid-shaped block in the center. The higher you sit, the hotter the steam (48 degrees C).
Move on next to another room for a slightly hotter thermal steam bath.
Stages 9 and 10: Thermal full bath and whirlpool bath
Next stop: Statues of a Roman god and goddess greet you at a warm pool, which is followed by a cooler whirlpool bath.
We half-expected slaves to emerge and feed us grapes.
Stage 11: Thermal exercise bath
Finally, you reach a large swimming pool, encircled by gold columns, with an elaborately painted domed roof (55 feet high) and stucco cupids.
Circular exercise pool at the Friedrichsbad spa, Baden-Baden
This circular exercise pool is quite grand, wouldn’t you say? (Credit: Friedrichsbad)
The water temperature is perfect here for swimming a few gentle laps.
Stage 12: Shower
Head back to the shower room again.
Stage 13: Cold water bath
From here, a freezing cold plunge awaits.
Yes, you must do it. And it feels very cold after all those hot-air baths and warm water soaks!
Stages 14 and 15: Drying off and cream massage
The water journey ends with another shower and a gigantic warm corn towel, followed by getting your skin massaged and moisturized with lotion.
The best part of these Baden-Baden thermal baths?
And then the best part – a well-earned nap in a luxurious relaxation room (Stage 16).
“Are you ready for bed?” an attendant asked as we were led to a heavily draped room, where she wrapped each of us up in a warm blanket and offered to wake us 30 minutes later.
Stage 17, the last stage is enjoyable too, as you get to finish with a cup of tea as you thumb through different language magazines in the reading room.
friedrichsbad - best spa in baden-baden
Column detail (Credit: Friedrichsbad)
Friedrichsbad Roman-Irish bath
You may hear the Friedrichsbad described as Roman-Irish baths.
Underneath the Friedrichsbad are the ruins of 2,000-year old Roman baths.
The Romans too liked bathing in stages, and the onsite museum has artifacts showcasing their bathing culture, like a strigl, a sickle-shaped tool used for scraping
skin after sweating in caldarium.
The “Irish” bathing part of this Germany spa is the hot-air bath or sauna component.
Irish hot-air baths were championed by an Irish doctor, Richard Barter, in the late 1800s. He believed that sweating in dry hot air had health benefits, and
he was involved in building bath houses in Cork, Dublin for medical treatments.
Hours and Friedrichsbad mixed days
Hours:
The Friedrichsbaden baths are normally open seven days a week, from 9 am to 10 pm. The last admission is three hours before closing.
It’s closed on December 24 and 25. Hours are shorter on December 31 , when it closes at 8 pm.
You don’t have to make a reservation.
Co-ed days:
Tuesday, Wednesday, Friday, Sunday, public holidays and February 14 are reserved for co-ed bathing.
Same-sex bathing:
Monday, Thursday and Saturday are set aside for single sex bathing.
Men and women go through bathing stages separately , except you still join together for a few stages , including Stages 10 and 11 .
(You could skip these, but then you’d miss the Stage 11 pool with that gorgeous soaring domed-roof.)
Caracalla, Baden-Baden (not a naked German spa)
Caracalla Spa
Don’t worry about going naked at Caracalla; swimsuits are worn here (Credit: Baden-Baden Kur & Tourismus GmbH)
We think Friedrichsbad is best spa in Baden-Baden.
But if you’re not comfortable trying on the nude German spa experience then modern Caracalla spa is a great way to get your soak on.
Bathing suits are worn in caracalla spa , so it comes without gawk factor .
The Caracalla is ginormous.
It offers more than 43,000 feet2 space to splash about, including steam rooms (with aromatherapy infusions), a hot water grotto, cold plunge pools and a brine inhalation room
plus a swim-through passage to outdoor pools in the gardens.
There are no “stages” like at Friedrichsbad – you move about as you please. Many people enjoy this freedom.
Caracalla Spa
The outdoor area has two heated marble pools; they’re magical when it’s snowing! (Credit: Baden-Baden Kur & Tourismus GmbH)
For more information
Friedrichsbad spa in Baden-Baden:
For more details, see the Friedrichsbad website.
Caracalla Spa, Baden-Baden:
See the Caracalla website.
Where to stay in Baden-Baden
Hotel Belle-Epoque is a lovely luxury hotel in Baden-Baden
We bedded down at the lovely Hotel Belle-Epoque.
A villa built in 1874 and now a member of Small Luxury Hotels of the World, it has 20 rooms and suites decorated in Louis XIV, Victorian and other different styles.
That wraps up our guide on the Friedrichsbad spa, Baden-Baden!
Both Friedrichsbad and Caracalla are 2 gorgeous Baden-Baden spas. You can’t go wrong whichever you choose.
But for a completely different experience, pick the Friedrichsbad.
Would you be comfortable bathing nude at co-ed baths?
Let us know in the Comments below!
Experience more of Germany!
Read our posts on:
Berlin | One day in Berlin. Crazy? Or not?
Dresden | What to do in Dresden? Gape at the treasure in the historic Green Vault museum. See the beautiful Zwinger Palace. Bicycle along the Elbe River. And more!
Bonn | From visiting the Beethoven House to taking a Rhine river cruise, there are lots of lovely things to do in Bonn.
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About the authors
Luxury travel journalists and SATW, NATJA and TMAC “Best Travel Blog” award winners, Janice and George Mucalov are the publishers of Sand In My Suitcase.
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24 Comments
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author-avatar
Bill
April 2, 2021 at 05:35 AM
I absolutely love Friedrichsbad. It’s so very relaxing, much more than any other spa I’ve ever been to. Bring clean underwear and socks.
Hotel Am Markt is just a few steps away, less expensive than resort hotels but perfectly clean and welcoming.
Just be aware of church bells – they will entertain and/or annoy you during day-time , but they turn-off church-bell during night-time .
author-avatar
Janice and George
April 2, 2021 at 09:01 AM
Nice to hear you’ve enjoyed Friedrichsbad too! And thanks for hotel tip — readers are sure to appreciate this :-).
author-avatar
Melissa
June 7, 2019 at 04:53 PM
Good that you could embrace that ! I’m not sure I would feel comfortable being naked around strangers.
Its interesting to visit other countries and experience it. Were there full body massages there ?
I hope there are private rooms? I’d like to visit but wanted to ask questions before I go lol ! ?
author-avatar
Janice and George
June 7, 2019 at 05:27 PM
It did take us getting up our nerve, for sure! But all the other people in the spa were strangers, and we knew we’d never see them again,
so we went for it!
The soap-and-brush massage is full body. But it’s more a “cleansing” massage, not like a traditional massage where your muscles are kneaded.
So in this sense, the Friedrichsbad is a different type of spa.
And, no, there are no private pools or steam rooms. But there are private changing rooms to undress at the beginning and get dressed again at the end :-).
author-avatar
Todd
January 2, 2019 at 07:34 PM
Hello to Canadian nude bathers,
Just read your article about Friedrichsbad. Interesting and hopefully you will enjoy my experience (my story).
July 2018 was my first time to fulfill a personal goal (legal public nudity) after attaining milestone age. Even though I was anxious
about being naked with others (with or without my wife), I was reminded that I had nothing else to lose other than my clothes.
So, I was on business trip and stopped at Baden-Baden to experience public nudity. First, I went to Caracalla Therme as
I would still have a towel to limit my nakedness. After a few minutes, I was relaxed and enjoyed the saunas completely naked.
Ok. After 2 hours, I decided to go to Friedrichsbad. I decided to pay for 4 hours. I went on Sunday, a mixed gender day.
I even used the lockers for females on same gender days. If I was going to go, I desired to experience all.
Ok. Enter locker room and become naked with only the sheet for hot lounge chairs. Go forward and meet 3 fully clothed female attendants.
They were professional and gave good guidance. Continue forward to showers and hot, dry saunas. Ok. Next was soap massage with anxiety building as I knew that I would start face up,
manhood full view. I was concerned as I had female attendant. What would happen? Thankfully, I remained calm enough. Whew! Female attendant was very professional even
with smack on bare butt. After that experience, I was relaxed and enjoyed all other stations. In tea room, I walked out on balcony, naked. There were a few visitors below
but no anxiety as I was naked with others a few minutes ago. Well, I was on another business trip in October and went back. No anxiety just complete relaxation.
Then, I visited Palais Therme in Bad Wildbad. This is a unique sauna. There is an indoor and outdoor pool. Outdoor pool overlooks the town. Beautiful.
Indoor pool is used for multiple purposes. I was the only naked bather so I enjoyed a relaxing swim.
Hopefully, you have enjoyed my story, my experiences. To those who read, being naked with others is an anxious experience but one not to miss.
Being naked with others can be enjoyed without the sexuality with nakedness.
author-avatar
Janice and George
January 2, 2019 at 07:53 PM
Thanks for sharing your experience!
It’s too bad that most of us North Americans aren’t comfortable bathing naked in public. But that’s our culture. So it’s good to hear your story; it may inspire others
to try and overcome their discomfort when visiting countries like Germany, where the spas really shouldn’t be missed :-).
author-avatar
Jim Duffin
July 12, 2016 at 09:25 PM
I went there last year and had a very good time. It was August and very hot, after the baths it was the cleanest I’d felt the whole trip.
The nudity was a bit different but I figured that I would never see any one there again and I really wanted to experience the Roman bath. I would most definitely go there again.
author-avatar
Janice and George
July 12, 2016 at 11:14 PM
Thanks for sharing your experience… The nudity is a bit strange for us North Americans, but the bathing experience is worth it, as you know…
author-avatar
john derrickson
October 29, 2018 at 07:16 PM
The 17 stages are fantastic. The staff members are helpful and most speak some English. Do not worry about the nudity-how else do you fully enjoy any spa if you are dressed?
We visited on a Saturday, a “same sex” day, and pleasantly we met up at stage 11, the cool large communal swimming and conversation pool. It was a pleasant surprise as
we did not expect this.
Our favorite stages were #3, the hot dry heat, and #10, the warm whirlpool bath. Stage 17, the nap, must wait. We just ran out of time this trip.
JPD
USA
10-2018
author-avatar
Janice and George
November 4, 2018 at 03:02 PM
You missed the nap? Hopefully another time :-).
And you’re right about the nudity; it’s all part of being open to enjoying a different culture — and it makes the experience more interesting, to say the least!
author-avatar
Lesley Peterson
October 14, 2013 at 06:41 PM
I love decadent 3 hour rituals, staring up at peacock tiles and bathing in chlorine-free water! My mother went to this spa, I believe.
The punchline of her story was that her glasses fogged up. Yes, she wore her eyeglasses. All the better to see, my dear. Or perhaps not to trip while wandering
from one bath to the other. BTW what’s a warm corn towel? Sounds rough:o
author-avatar
Janice and George
October 15, 2013 at 09:26 AM
So funny! But if you need your eye glasses, you need ’em! Good question about the “corn towel.” We had to do some research on that one. We believe it refers to towels
that absorb water well. But if other readers can add to this, we’d luv to hear from you!
author-avatar
Laura
September 6, 2013 at 06:01 AM
Remembering my trips to Germany, I would say that this feels right. This is how the Europeans are, and especially the Germans.
author-avatar
Jill
September 3, 2013 at 02:59 PM
Oh my – I don’t think I’d be comfortable enough with all of the nudity to enjoy the experience. I’d be making my way to the other spa (with the bathing suit) instead ;)
author-avatar
Janice and George
September 3, 2013 at 03:24 PM
We were tempted too by the other spa! But, hey, we’re travel writers – and there was a story to be told :-).
author-avatar
Charu
August 27, 2013 at 08:35 AM
Wow, that’s risque with a capital R! Sounds cool though…good for the Europeans!
author-avatar
Janice and George
August 27, 2013 at 08:43 AM
Yes, we North Americans are a little more prudish. The Germans, on the other hand, are so comfortable with their bodies (and quite a lot in the Friedrichsbad were –
how do we say this? – not exactly beautiful letting it all hang out :-).
author-avatar
Kate
August 27, 2013 at 05:58 AM
This article has me pretty much ready to hop on a plane and go there right now! If I’m going to drop my modesty for anything, let it be opulent tiled rooms and beautiful baths!
author-avatar
Janice and George
August 27, 2013 at 07:50 AM
That’s the spirit!
author-avatar
Freya Renders
August 24, 2013 at 10:25 AM
Wow, I don’t know if I can ever be comfortable being butt naked in a room full of people! Too bad they don’t have a body massage though. The soap and brush just isn’t enough for me.
author-avatar
Mary
August 22, 2013 at 10:58 PM
Those 17 stages of bathing pleasure are certainly eye opening. Love all that architecture. We visited the Roman Baths in Bath, UK and it was such an interesting place.
It all sounds so relaxing. I’m such a prude I don’t think I can ever get past Stage I though :)
author-avatar
Janice and George
August 23, 2013 at 08:15 AM
Stage 1 was the worst – it took us quite a few stages to feel somewhat comfortable :-).
author-avatar
Irene S. Levine
August 21, 2013 at 11:02 AM
Great picture of you in the bath, Janice!:-)
author-avatar
Janice and George
August 21, 2013 at 11:21 AM
Now, wouldn’t that be nice if that was a pic of me! (We realized that taking pictures inside probably wouldn’t be a good idea – or allowed.)
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--- https://mai-ko.com/travel/japan/onsen/7-best-mixed-gender-onsens-in-japan/
from google ( japan co ed public bath ) result 2 -> ppl also ask -> Are there coed bathhouses in Japan?
7 Best Mixed-Gender Onsens in Japan
by Miho Okamoto |
Onsen
The use of hot spring baths has long been in Japanese history, where onsens have brought people together for healing and relaxation.
Mixed-Gender, Coed, or the Konyoku is a term described to onsens that do not separate men and women.
A little new and a bit uncomfortable to beginner hot spring enthusiasts, but the practice of men and women bathing together was no big deal in the early times.
Natural hot spring
Konyoku, though not common, still exists in Japan. Today, guests can visit hundreds of mixed onsens, which is a rare experience. Though there are still several coed baths left,
a factor that makes konyoku rare is inappropriate behavior. Because of those questionable actions, which were done both by men and women, many onsens have either closed or
imposed rules to separate both genders from bathing together.
Another factor was also the period after world war. Mixed bathing was stopped when the US Government put pressure on Japan to cut off the practice since it was not a part of
the Western culture. Even from the decline, there are still konyokus guests can visit for bathing.
Gorokaku
Gorokaku is a traditional Japanese inn that can be visited from Ohara Oigami Iriguchi Station.
It is located in Numata, a mountain city, with the area only being a 2-hour ride from Tokyo.
ryokan welcomes guests with outdoor baths, which are beneficial for the skin and health.
Bamboo structures and rocky formations embrace the onsens, which enhances the beauty of the place.
Website: gorokaku.com
Contact: +81278562555
Address: 602-10 Tonemachi Oigami, Numata, Gunma 378-0322, Japan
Honke Bankyu
Honke Bankyu is a traditional Japanese inn that could be found in a small city in the Tochigi Prefecture known as Nikko,
situated in the northern mountains of Tokyo. The location is known for the famous Shinto Shrine that dates back to Edo Period.
Established in the year 1666, the onsen stands calmly in the mountain with the music of chirping birds and the everpresent
greetings of the river. It is considered to be the top ryokan in Japan and is near to the Toshogu Shrine, which is a UNESCO World Heritage site.
The rooms of Honke Bankyu are designed based on traditional Japanese style, complete with tatami mat flooring, adequate spacing, and
yukata robes for an ultimate cultural experience. Some of its rooms feature semi-open-air bath, an open-air bath, standard bathrooms,
and toilets. The hot spring baths of Honke Bankyu have been around for 800 years. It is near a river, which makes the guests experience like he or she is part of
the river while enjoying the calm embrace of nature.
The water source of the onsen helps in recharging and revitalization. The properties of the water also have benefits for the skin that makes it feel refreshed.
Activities also vary in Honke Bankyu based on the seasons where sometimes there will be ice sculptures or viewing of fireflies.
Website: bankyu.co.jp
Contact: +81288980011
Address: 749 Yunishigawa, Nikko, Tochigi 321-2601, Japan
Hotel Kojokaku
Onsen in Japan 3
Hotel Kojokaku is an onsen hotel located in the town of Minakami, a 2-hour drive from Tokyo. It is a hotel that features hot spring facilities in its Sarugakyo Onsen.
Its open-air bath boasts a view of the Akaya Lake. Its open-air baths are mixed but have a scheduled time for the use of women. It has a total of 8 varieties of rotenburo,
with 6 of them being mixed-gender baths, while the remaining two are gender-segregated. The hotel is ideal for people who are fond of the outdoors since its location is
accessible to hiking trails and ski slopes.
Website: www.kojokaku.com
Contact: +81278661021
Address: 121 Sarugakyoonsen, Minakami, Tone District, Gunma 379-1403, Japan
Takaragawa Onsen Onsenkaku
Takaragawa Onsen is a hot spring located in the town of Minakami, alongside the Tone River. It is embraced by nature, specifically greenery and stone residents.
This onsen is renowned in the country for its scenic beauty during the change of the seasons. It features three outdoor baths that can be used by both men and women.
The onsen also has a special bath exclusive for its women guests.
Website: takaragawa.com
Contact: +81278752611
Address: 1899 Fujiwara, Minakami, Tone District, Gunma 379-1721, Japan
Yumori Tanakaya
Yumori Tanakaya is a traditional Japanese onsen ryokan located in Nasushiobara City. The onsen is a recommended getaway for people who want a tranquil stay in Japan.
It sits near a river with its two outdoor baths. Women can bathe in the onsen with the use of a towel, while men are required to not have any covers.
Women guests can also opt for the women-only onsen. Baths are also accessible at night.
Website: tnky.jp
Email: toiawase@tnky.jp
Address: 6 Shiobara, Nasushiobara, Tochigi 329-2921, Japan
Shin-Hotaka Onsen Yamano Hotel
Shin Hotaka Onsen Yamana Hotel is a popular hot spring hotel located in Takayama City. The hotel has a number of large open-air baths with views overlooking the Kamatagawa River.
The onsen also boasts the magnificent beauty of the Northern Alps of Japan. Its onsen baths are mostly coed or mixed but women guests can opt for the open-air bath exclusively
for women, provided that guests pay a separate fee.
Website: shinhodaka-yamanohotel.jp
Contact: 0578-89-2004
Address: 587 Okuhida Onsengo Kansaka, Takayama, Gifu 506-1421, Japan
Rurikei Onsen
Rurikei Onsen is a hot spring resort ideal for family trips and outings. It is a recommended onsen located in Kyoto. The resort features outdoor hot spring baths and
private onsen baths that can be used by guests during their stay. There are multiple onsens that can be enjoyed from mixed baths and an onsen pool, which requires
a bathing suit or swimwear when soaking in the water.
Website: rurikei.jp
Contact: +81771655001
Address: Hirotani-1-14 Sonobecho Okawachi, Nantan, Kyoto 622-0065, Japan
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Page updated: April 12, 2021
Contact us : info@mai-ko.com
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