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It has been suggested that Contravention be merged into this article or section. (Discuss) |
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It has been suggested that this article or section be merged with Summary offence. (Discuss) |
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This article or section deals primarily with the United States and does not represent a worldwide view of the subject. Please improve this article or discuss the issue on the talk page. |
For the similarly spelled medical term referring to a blocked artery, see Infarction.
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| Criminal law |
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Infraction as a general term means a violation of a rule or local ordinance or regulation, promise or obligation.
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An Infraction in legal sense (minor offense, minor violation, petty offense, or frequently citation, sometimes used as synonymous with violation, regulatory offense, welfare offense, or contravention) is a "petty" violation of the law less serious than a misdemeanor.
Typically, an infraction is a violation of a rule or local ordinance or regulation.
Some refer to an infraction as quasi-criminal, because conviction for an infraction is generally not associated with the loss of liberty, or even social stigma. Infractions are often considered civil cases, in which case an infraction is not even considered a crime. Nonetheless, most infractions are indeed violations of statutory law, but in differing with criminal law where the burden of proof is Beyond a Reasonable Doubt, the standard for the civil infraction is a Preponderance of Evidence.
Infraction is a term in United States law; it is not a term commonly used in the United Kingdom or other countries following English common law.
In the United States, the key characteristic of an infraction is that the punishment seldom includes any amount of incarceration in a prison or jail or any other loss of civil rights -- typically the only punishment is a fine, although sometimes other regulatory actions are possible (e.g. revocation of a license or permit) or an order to remedy or mitigate the situation.
The power to cite persons for infractions is usually left with administrative officials; it is often not necessary to hold a court hearing -- in which case a citation is the same as a conviction.
Examples of infractions include jaywalking, littering, violations of municipal codes (such as building or housing), disturbing the peace, or falsification of information. In many jurisdictions today, minor traffic violations have been decriminalized and classified as infractions. For example, in Kern County, California (a county in which Interstate 5 crosses its western edge), large numbers of speeders are ticketed every year while travelling between the Los Angeles Area and the San Francisco Bay Area for excess of 100mph. This is generally considered an infraction resulting in only a fine. In the state of Oregon, possession of less than one ounce of cannabis (marijuana) is an infraction rather than a crime.http://www.osbar.org/public/legalinfo/1079.htm
This article is licensed under the GNU Free Documentation License. It uses material from Wikipedia
