New Hampshire: Conspiracy is punished in the same manner as the underlying offense except that conspiracy to commit murder is a class A felony, N.H. Rev. Stat. Ann. § 629:3. New Jersey: Conspiracy is a crime of the same grade and degree as the underlying offense, except that conspiracy to commit a first crime is a crime of the second degree and mitigation is possible where there is a lack of prximity between the conspiracy and the underlying offense, N.J. Stat. Ann. § 20:5-4. New Mexico: Conspiracy is a fourth degree felony, N.M. Stat. Ann. § 30-28-2. New York: Conspiracy is graded according to the grade of the underlying offense and the age of the offender, N. Y. Penal Law §§ 105.00-105.17. North Carolina: North Carolina has no general conspiracy statute. North Dakota: Conspiracy is a crime of the same grade as the underlying offense, except that conspiracy to commit an A felony is a B felony and mitigation is possible on proximity grounds, N.D. Cent. Code SS 12.1-06-04, 12.1-06-01. Ohio: Conspiracy is a crime one grade lower than the underlying offense, Ohio Rev. Code Ann. § 2923.01. Oklahoma: Conspiracy to commit a felony is punishable by imprisonment for not more than ten years, a fine of not more than $5,00, or both; conspiracy to commit a misdemeanor is a misdemeanor, Okla. Stat. Ann. tit. 21 § 421. Oregon: The punishment for conspiracy is the same as that provided for the underlying offense, Ore. Rev. Stat. § 161.450. Pennsylvania: The punishment for conspiracy is the same as that provided for the underlying offense, except that conspiracy to commit first degree murder or a first degree felony is a second degree felony, Pa. Stat. Ann. tit. 18 §905. Rhode Island: The punishment for conspiracy is the same as that provided for the underlying offense that the maximum term of imprisonment may not exceed 10 years, R. I. Gen. Laws § 11-1-6. South Carolina: Conspiracy is punishable by imprisonment for nor more than 5 years, a fine of not more than $5,000, or both; except that the penalty may not exceed the maximum provided for the underlying offense, S.C. Code of Laws § 16-17-410. South Dakota: The punishment for conspiracy is one grade lower than the underlying offense, S.D. Codified Laws § 22-3-8. Tennessee: Conspiracy is punishable by imprisonment for nor more than 5 years, a fine of not more than $1,000, or both; except that conspiracy to take like, commit a felony against the person of another or prosecute an innocent person is punishable by imprisonment for not less than 2 nor more than 10 years, Tenn. Code Ann. §§ 39-1105, 39-1104. Texas: The punishment for conspiracy is one grade lower than the underlying offense, Tex. Penal Code § 15.02. Utah: The punishment for conspiracy is one grade lower than the underlying offense, Utah Code Ann. § 76-4-202. Vermont: Vermont has no general conspiracy statute. Virginia: Conspiract to commit a felony is a class 5 felony, except that conspiract to commit an offense punishable by death is a class 3 felony, Va. Code § 18.2-22. Washington: The punishment for conspiracy is one grade lower than that provided for the underlying offense except that conspiracy to commit murder is a class A felony, Wash, Rev. Code Ann. § 9A.28.040. West Virginia: West Virginia has no general conspiracy statute. Wisconsin: The punishment for conspiracy may not exceed the maximum provided for the underlying offense; conspiracy to commit an offense punishable by life imprisonment is a class B felony, Wis. Stat. Ann. § 939.31. Wyoming: Conspiracy to commit a felony is punishable by imprisonment for not more than 10 years, a fine of not more than $1,000, or both, Wyo. Stat. § 6-1-117. Clinks Day! Charles Doyle Legislative Attorney November 26, 1979 House Judiciary Committee, Subcommittee on Criminal Justice American Law Division Penalties For Acts of Sabotage During A Declared National Emergency As Treated By The Proposed Revision of The Federal Criminal Code This will respond to your inquiry of October 1, 1979 and our sub- sequent telephone conversation. botage penalties based upon the declaration of a national emergency could be found to overlook situations of substantial gravity which might warrant harsh punishment but in which a formal national emergency was not declared by the President. Additionally, you inquire as to implications presented by the War Powers Act. INTRODUCTION To attach greater penalties to acts of sabotage committed during all presidentially declared national emergencies could result in increased punishment for acts unrelated to the purpose of the emergency declaration. That is, emergencies may be declared for reasons (e.g. economic) not directly related to national defense in the context of a foreign threat. It is for this reason that S. 1437 (95th Congress, 2d Session) tied increased penalties to commission of the offense during a "national defense emergency." (§ 1111) That term was defined as "a national emergency that is proclaimed in accordance with title II of the National Emergencies Act (50 U.S.C. 1621 et seq.) and that involves military combat operations undertaken in connection with an actual or imminent war or armed attack by a foreign power against the United States or its armed forces." (§ 111) (emphasis supplied). Whether situations which might arise without a declaration of war or national emergency should be accompanied by harsher sabotage punishments must ultimately be answered as a matter of policy. The need for greater deterrence which might result from such a grading structure does not lend itself to legal analysis. However, it may be valuable to examine the nature of presidentially declared emergencies in order to determine the likelihood that conditions would develop in which a grading change might be considered advisable yet in which the President might not issue a formal declaration. In 1974 the Special Committee on National Emergencies and Delegated Emergency Powers of the Senate concluded that the United States had been in a state of national emergency since March 9, 1933, and that in 1974 there were in effect four presidentially proclaimed states of national emergency: "In addition to the banking emergency declared by President Roosevelt, there is also the national emergency proclaimed by President Truman on December 16, 1950, during the Korean conflict, plus the states of national emergency declared by President Nixon on March 23, 1970, and August 15, 1971." (Committee Print, "A Brief History of Emergency Powers in the United States," 93rd Cong., 2d Sess. 1974, at v.) THE NATIONAL EMERGENCIES ACT In 1976 Public Law 94-412, entitled the National Emergencies Act (90 Stat. 1255), was enacted for the purpose of terminating all powers and authorities under any national emergencies existing on the date of enactment as of two years from that date (i.e. September 14, 1978). In addition, the Act provided procedures and requirements concerning the declaration and termination of emergencies in the future. Key portions of the Act for the purposes of this discussion provide: TITLE I-TERMINATING EXISTING DECLARED EMERGENCIES SEC. 101. (a) All powers and authorities possessed by the President, any other officer or employee of the Federal Government. or any executive agency, as defined in section 105 of title 5. United States Code. as a result of the existence of any declaration of national emergency in effect on the date of enactment of this Act are terminated two years from the date of such enactment. Such termination shall not affect (1) any action taken or proceeding pending not finally concluded or determined on such date; (2) any action or proceeding based on any act committed prior to such date: or (3) any rights or duties that matured or penalties that were incurred prior to such date. (b) For the purpose of this section, the words "any national emergency in effect" means a general declaration of emergency made by the President. TITLE II-DECLARATIONS OF FUTURE NATIONAL EMERGENCIES SEC. 201. (a) With respect to Acts of Congress authorizing the exercise, during the period of a national emergency, of any special or extraordinary power, the President is authorized to declare such national emergency. Such proclamation shall immediately be transmitted to the Congress and published in the Federal Register. (b) Any provisions of law conferring powers and authorities to be exercised during a national emergency shall be effective and remain in effect (1) only when the President (in accordance with subsection 90-232 0 82-6 |