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Legal Definitions - civil infraction
Definition of civil infraction
A civil infraction refers to a minor violation of a law, rule, or ordinance that is not considered a criminal offense. Unlike criminal acts, which can result in jail time or a criminal record, civil infractions typically lead to monetary penalties, such as fines. These violations are usually handled in administrative courts or through a process of paying the fine, and they do not carry the same legal gravity as misdemeanors or felonies.
Here are some examples to illustrate what a civil infraction entails:
Example 1: Parking in a Restricted Zone
Imagine a driver parks their car in a "No Parking" zone in a busy downtown area. A parking enforcement officer issues a ticket for this violation. This is a classic example of a civil infraction. The driver will receive a fine, but they will not be arrested, face jail time, or have a criminal record as a result. The penalty is purely financial, and the matter is resolved by paying the fine or contesting it in an administrative hearing.
Example 2: Minor Noise Ordinance Violation
A homeowner hosts a backyard barbecue that gets a little loud after 10 PM, exceeding the local municipality's noise limits. A neighbor calls the police, who arrive and issue a citation to the homeowner. This is typically treated as a civil infraction. The homeowner will likely face a fine for violating the local noise ordinance, but they will not be charged with a crime. The focus is on maintaining public order and peace through a non-criminal penalty.
Example 3: Failure to Renew a Business License
A small business owner forgets to renew their annual operating license with the city by the due date. The city's business licensing department discovers the oversight during a routine check. The business owner is then issued a notice and a fine for operating with an expired license. This administrative lapse is a civil infraction. It's a violation of a municipal regulation that results in a monetary penalty rather than criminal charges, allowing the business to rectify the situation by paying the fine and renewing the license.
Simple Definition
A civil infraction is a minor violation of a law or ordinance that is not considered a criminal offense. Unlike crimes, these infractions typically result in monetary fines or other non-criminal penalties rather than jail time.