Title 14 — Sentencing Enhancements and Administrative Penalties
§ 14.01 — General limits on enhancements
An enhancement applies only when supported by probable cause and specifically documented. Unless this Title states otherwise:
- no more than two grade enhancements may apply to a single count;
- a count may not exceed F1 unless the underlying offense expressly authorizes LF;
- the same fact may not both establish an aggravated offense and enhance that same count;
- enhancements alter grade and maximum penalty but do not create a separate criminal count; and
- a judge may decline an enhancement when its application would be disproportionate.
Chapter 14A — Conduct and victim enhancements
| Section | Enhancement | Effect | Required finding |
|---|---|---|---|
| § 14.10 | Deadly-weapon enhancement | +1 grade | Actor used or displayed a deadly weapon during an intentional offense, and weapon use is not already a grading element. |
| § 14.11 | Serious-injury enhancement | +1 grade | Conduct caused serious bodily injury and that result is not already a grading element. |
| § 14.12 | Protected-victim enhancement | +1 grade | Actor knowingly targeted a protected person because of status or while the person performed protected duties. |
| § 14.13 | Child-present enhancement | +1 grade | A violent felony, drug manufacture, or domestic assault was knowingly committed in the immediate presence of a child. |
| § 14.14 | Bias-motivated offense | +1 grade | Actor intentionally selected a victim or property substantially because of actual or perceived race, color, ethnicity, nationality, religion, sex, sexual orientation, gender identity, or disability. Protected speech alone is insufficient. |
| § 14.15 | Disaster or evacuation enhancement | +1 grade | Actor exploited a declared disaster, evacuation, civil emergency, or disabled public service to commit the offense. |
| § 14.16 | Concealment-of-identity enhancement | +1 grade | Actor used a disguise, stolen plate, altered identifier, or electronic concealment specifically to facilitate an F5-or-higher felony. |
| § 14.17 | Multiple-victim enhancement | +1 grade on lead count | One course of conduct intentionally endangered five or more persons and separate completed injury counts do not fully account for the danger. |
| § 14.18 | Criminal-enterprise enhancement | +1 grade | Offense was directed, financed, or materially supported by an organized criminal enterprise. May not stack with racketeering for the same conduct. |
| § 14.19 | Offense while on release | +1 grade | Actor committed a felony while on bail, felony probation, parole, escape status, or supervised release. |
| § 14.20 | Repeat-offender enhancement | +1 grade | Actor has two final convictions for the same or closely related offense and commits a new offense after both convictions. Traffic infractions are excluded. |
Chapter 14B — Restitution, forfeiture, and collateral orders
| Order | Application |
|---|---|
| Restitution | May include repair, replacement, medical expense, lost property, cleanup, emergency response, towing, and other direct economic loss. It is not a punitive fine. |
| Criminal forfeiture | Property may be forfeited after judicial process when it is contraband, criminal proceeds, or was substantially used to commit an F4-or-higher felony. Innocent-owner interests must be protected. |
| Weapon surrender | A court may order surrender of weapons following a violent felony, qualifying domestic offense, dangerous protection order, or prohibited-possessor finding. |
| No-contact or protection order | May prohibit contact, proximity, surveillance, communication, or firearm possession where necessary to protect a victim or witness. |
| Business suspension | A court or licensing authority may suspend or revoke a business license used to facilitate repeated or serious crime. |
| Vehicle impound or forfeiture | Impound may follow §§ 9.90–9.98. Forfeiture requires judicial findings of substantial use in an F4-or-higher felony and protection of innocent owners. |
| Professional-license referral | Convictions involving dishonesty, abuse, violence, controlled substances, or professional duty may be referred to the relevant licensing body. |
§ 14.30 — Driver-license points and suspensions
| Violation | Points / action |
|---|---|
| Minor moving infraction | 1 point |
| Excessive speed, careless driving, move-over violation | 2 points |
| Reckless driving, street racing, hit and run with property damage | 4 points |
| DUI, felony fleeing, hit and run with injury | Immediate suspension pending court |
| 6 points within a rolling review period | 24-hour suspension or remedial driving course |
| 10 points within a rolling review period | 72-hour suspension and court review |
| 14 points within a rolling review period | Revocation until reinstated by court or licensing authority |
Server administration may adjust durations to match session length. Officers shall document the predicate violation; only courts or the licensing authority impose a suspension unless immediate administrative suspension is expressly authorized.
§ 14.31 — Diversion and deferred disposition
Courts and prosecutors may offer diversion for first-time nonviolent misdemeanors, simple possession, minor property offenses, youth offenses, and offenses driven by treatable impairment. Conditions may include restitution, treatment, education, community service, weapon surrender, or a period without new violations. Successful completion permits dismissal or record sealing.
§ 14.32 — Record sealing and expungement
A court may seal or expunge:
- an arrest not resulting in charges;
- a dismissed or acquitted case;
- a completed diversion;
- eligible nonviolent misdemeanors after a crime-free period; or
- an offense pardoned by lawful authority.
Life felonies, intentional homicide, aggravated sexual assault, terrorism, and public-corruption felonies are not ordinarily eligible.
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