PC §408 - CONTEMPT OF COURT

CLASS C MISDEMEANOR

(a) Definition

Contempt of court is the act of willfully disobeying or disrespecting the authority or orders of a court, interfering with the administration of justice, or showing disregard for the dignity and authority of the court.

Types of Contempt

(a) Contempt of court may be classified as either civil or criminal contempt:

  1. Civil contempt: Involves failure to comply with court orders or judgments, with the intent to secure compliance or compensate the aggrieved party.

  2. Criminal contempt: Involves conduct that obstructs or challenges the authority of the court, disrupts court proceedings, or undermines the administration of justice.

(b) Elements of the Offense

(a) The following elements must be met to constitute contempt of court:

  1. The defendant had knowledge of the court's order or authority.

  2. The defendant willfully disobeyed or disregarded the court's order or authority.

  3. The defendant's actions interfered with the administration of justice or showed disrespect for the court.

(c) Defenses

  • (a) It shall be a defense to a charge of contempt of court if the defendant can prove that they had a valid excuse or justification for their actions, or if they lacked knowledge of the court's order or authority.

  • (b) Lack of willfulness or intent to disobey the court's orders, or absence of interference with the administration of justice, may also serve as defenses if proven by the defendant.

(e) Aggravating Factors

Aggravating factors such as repeated instances of contempt, deliberate and egregious disobedience of court orders, or interference with the administration of justice may result in more severe penalties as determined by the court.

Penalties

Penalties for assault charges can vary widely depending on the jurisdiction and the specific circumstances of the offense. They may include:

JAIL TIME

80 SECONDS OF JAIL TIME.

BOND SET

$8,000.00

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