No, it is not. In my state conduct that is punishable only by forfeiture (monetary fine) is not a crime.
Because the second one can result in imprisonment.
Traffic infractions, local ordinance violations, and state forfeiture offenses are not crimes because they can’t result in imprisonment.
939.12Crime defined. A crime is conduct which is prohibited by state law and punishable by fine or imprisonment or both. Conduct punishable only by a forfeiture is not a crime.
No it doesn’t. it says the punishment for crimes can be either or both. But for noncrimes it can only be a fine. First offense drunk driving is not a crime here because it can’t be punished with incarceration, only a fine. There are those pushing to make it a crime, however.
@pkbites: It’s not a crime! @UltraVires: Really depends on the state. What you say is not a crime is a crime in my state. @Whack-a-Mole: What’s the difference besides words between the two? @pkbites: It’s not a “crime”! I proved it? @Whack-a-Mole: But what’s the difference? @pkbites: It’s not a crime! You are stupid! @Whack-a-Mole: That may be but please tell me what the difference is? @RitterSport: I believe @pkbites @Telemark: “Princess Bride” reference.
One gets you a criminal record, one does not.
One is handled by criminal courts, one is not.
One can get you sent to jail, one can not.
Those are real world differences, not semantics. But this has been explained several times in this thread already, so you must have some other objection. Would you care to explain what that objection is?