Survey of State Court Criminal Appeals

Survey of State Court Criminal Appeals

Conviction codes

Survey of State Court Criminal Appeals

OMB: 1121-0331

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Conviction Codes


The type of conviction (Question 5) will be identified by a two-digit code. The first digit indicates the general category of crime (i.e., person, property, drug, or public order) and the second digit indicates the more detailed offense. Attempted offenses are included within each crime type (i.e., it is implied that, for example, conviction code 20 includes attempted burglary). Please note that, with limited exceptions, these offenses may be classified as a felony or a misdemeanor depending upon state statute.



Person Offenses: 10-level codes refer to offenses against a person defined by the FBI’s Uniform Crime Reporting (UCR) Program as those offenses involving force or the threat of force.

10 Murder Homicide, non-negligent manslaughter, voluntary homicide

11 Sex offenses Forcible intercourse, sodomy, penetration with a foreign object, carnal knowledge of

minor, internet sex crimes, pornography, nonviolent or non-forcible sexual assault

12 Robbery Unlawful taking of anything of value by force or threat of force; armed, unarmed, and aggravated robbery, car-jacking, armed burglary, armed mugging

13 Assault Aggravated assault, aggravated battery, attempted murder, assault with a deadly weapon, felony assault or battery on a law enforcement officer, simple assault, and other felony or misdemeanor assaults

14 Other person offense Vehicular manslaughter, involuntary manslaughter, negligent or reckless homicide, kidnapping unlawful imprisonment, child or spouse abuse, cruelty to a child, reckless endangerment, hit-and-run with bodily injury, intimidation, and extortion


Property Offenses: 20-level codes refer to property offenses defined by the FBI’s Uniform Crime Reporting (UCR) Program as the taking of money or property, or the damage of property, without the use or threat of force against the victims.


20 Burglary Any type of entry into a residence, industry, or business with or without the use of force with the intent to commit a felony or theft

21 Larceny/theft Unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another. Grand or petty theft or larceny, shoplifting, or the stealing of any property or article that is not taken by force and violence or by fraud such as thefts of bicycles, motor vehicle parts and accessories

22 Motor vehicle theft Auto theft, conversion of an automobile, receiving and transferring an automobile, unauthorized use of a vehicle, possession of a stolen vehicle, larceny or taking of an automobile

23 Fraud/Forgery Forging of a driver’s license, official seals, notes, money orders, credit or access cards or names of such cards or any other documents with fraudulent intent, uttering a forged instrument, counterfeiting, possession and passing of worthless checks or money orders, possession of false documents or identification, embezzlement, obtaining money by false pretenses, credit card fraud, welfare fraud, Medicare fraud, insurance claim fraud, fraud, swindling, stealing a thing of value by deceit, and larceny by check

24 Other property offense Receiving or buying stolen property, arson, reckless burning, damage to property, criminal mischief, vandalism, criminal trespassing, possession of burglary tools, and unlawful entry for which the interest is unknown











Drug Offenses: 30-level codes refer to drug offenses defined by the FBI’s Uniform Crime Reporting (UCR) Program as the violation of laws prohibiting the production, distribution, and/or use of certain controlled substances and the equipment or devices utilized in their preparation and/or use.


30 Drug trafficking Trafficking, sales, distribution, possession with intent to distribute or sell, manufacturing, and smuggling of controlled substance

31 Other drug offenses Possession of controlled substances, prescription violations, possession of drug paraphernalia, and other drug law violations


Public Order Offenses: 40-level codes refer to public order offenses akin to the public nuisance defined by Black’s Law Dictionary as any unreasonable interference with rights common to all members of community in general and encompasses public health, safety, peace, morals, or convenience.


40 Weapons The unlawful sale, distribution, manufacture, alteration, transportation, possession or use of a deadly weapon or accessory

41 Driving-related Driving under the influence of drugs or alcohol, driving with a suspended or revoked license, and any other felony in the motor vehicle code

42 Probation/parole Technical violations of conditions of parole or probation

42 Other public order Flight/escape, prison contraband, habitual offender, obstruction of justice, rioting, libel, slander, treason, perjury, prostitution, pandering, bribery, disturbing the peace, indecent exposure and tax law violations


Other Offense: A code “50” refers to any other type of offense not otherwise addressed by the categories described above.


50 Other criminal offense






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