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As used in this chapter unless the context requires otherwise:

“Act” means a verbal, written, digital, social media and other forms of communication or bodily movement.

“Aggravating factors” when used with respect to misdemeanor and felony crimes, may be used by the court to elevate an offense from a misdemeanor to a felony, these factors include but are not limited to:

(1) The use of a deadly weapon;

(2) The use of force;

(3) The threat of deadly force;

(4) Offense committed while on probation, bail, or in violation of a valid protection order;

(5) Repeat offenses;

(6) Act motivated by hostility towards victim’s sexual orientation, race, disability, tribal status, or religion;

(7) Degree of actual harm to victim.

“Conduct” means an act or omission, and its accompanying mental state.

“Criminal negligence” or “criminally negligent,” when used with respect to a result or to a circumstance described by a statute defining an offense, means that a person claims to be unaware of a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that the failure to be aware of it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.

“Intentionally” or “with intent,” when used with respect to a result or to conduct described by a section defining an offense, means that a person acts with a conscious objective to cause the result or to engage in the conduct so described.

“Knowingly” or “with knowledge,” when used with respect to conduct or to a circumstance described by a statute defining an offense, means that a person acts with an awareness that his conduct is of a nature so described or that a circumstance so described exists.

“Omission” means a failure to perform an act, the performance of which is required by law.

“Recklessly,” when used with respect to a result or to a circumstance described by a statute defining an offense, means that a person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.

“To act” means either to perform an act or to omit to perform an act.

“Voluntary act” means a bodily movement performed consciously and includes the conscious possession or control of property.

“Willful” means that an act was voluntary and intentional, or an act that includes inexcusable carelessness. [Ord. 62B § 4007, amended, 11/7/2019.]