Legal Definitions - penal statute

A penal statute is a type of law enacted by a legislative body that defines specific actions or omissions as illegal (crimes) and prescribes the penalties or punishments for those who commit them. These statutes are fundamental to criminal law, outlining what behavior is prohibited and what consequences individuals will face if they violate the law.

Here are some examples illustrating the concept of a penal statute:

• Example 1: Traffic Safety
  A state law declares that "Any person operating a motor vehicle while under the influence of alcohol, resulting in a blood alcohol content of 0.08% or higher, shall be subject to a mandatory fine of $1,000, suspension of their driver's license for one year, and completion of an alcohol education program."

  This is a penal statute because it clearly defines an illegal act (driving under the influence) and specifies the exact punishments (fine, license suspension, education program) that will be imposed on individuals found guilty of violating it.

• Example 2: Property Protection
  A federal statute states, "Whoever knowingly and intentionally damages or destroys any building or property owned by the United States government, where the damage exceeds $1,000, shall be imprisoned for not more than ten years, or fined not more than $250,000, or both."

  This statute is penal as it identifies a specific criminal act (damaging federal property) and outlines the potential severe penalties, including imprisonment and a substantial fine, for those who commit the offense.

• Example 3: Public Health
  A city ordinance mandates that "Any restaurant found to be operating without a valid health permit, after receiving a final warning, shall be subject to immediate closure and a daily fine of $500 until compliance is achieved."

  This serves as a penal statute because it defines a prohibited action (operating a restaurant without a health permit after a warning) and sets forth the specific consequences (closure and daily fines) for non-compliance, aiming to enforce public health standards.