Model Penal Code

This seminal work played an important part in the widespread revision and codification of the substantive criminal law of the United States. Respected and influential, it is still cited by courts. The Institute is currently re-examining the Code's provisions on sentencing and sexual assault and related offenses.

On October 23, 2009, the ALI Council voted overwhelmingly, with some abstentions, to accept the resolution of the capital punishment matter as approved by the Institute’s membership at the 2009 Annual Meeting. The resolution adopted at the Annual Meeting and now accepted by the Council reads as follows: “For reasons stated in Part V of the Council’s report to the membership, the Institute withdraws Section 210.6 of the Model Penal Code in light of the current intractable institutional and structural obstacles to ensuring a minimally adequate system for administering capital punishment.”  Council’s report to the membership (April 15, 2009) 

Having achieved the consensus of the membership at the Annual Meeting and now of the Council, this resolution is the official position of the Institute. Efforts will be made to communicate this position wherever the Model Penal Code is published or otherwise available and to the public generally.

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    Complete Statutory Text
    1962, #5788

    Official Draft as adopted at the 1962 Annual Meeting of The American Law Institute

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    Tentative Drafts 11-13
    1961, #5086

     

    Tentative Draft No. 11: Bodily Injury and Related Offenses; Kidnapping and Related Offenses; Arson and Other Property Damage; Burglary and Other Criminal Intrusion; Robbery and Theft; Forgery and Fraudulent Practices xii, 117 pp., 1960 Tentative Draft No. 12: Long-Term Imprisonment; Administration of Institutions ix, 85 pp., 1960 Tentative Draft No. 13: Disorderly Conduct and Related Offenses; Possession of Instruments of Crime; Weapons xii, 82 pp., 1961 Proposed Final Draft No. 1: Sentencing and Correction xviii, 161 pp., 1961

     
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    Tentative Drafts 8-10
    1960, #5085

     

    Tentative Draft No. 8: General Principles of Justification; Offenses Against Public Administration vii, 139 pp., 1958 Tentative Draft No. 9: General Principles of Liability; Offenses Involving Danger to the Person; Sexual Offenses and Offenses Against the Family; Offenses Against Public Administration xvi, 220 pp., 1959 The Death Penalty, by Thorsten Sellin: A Report for the Model Penal Code Project of The American Law Institute iv, 84 pp., 1959 Tentative Draft No. 10: General Principles of Liability; Duress as a Defense. Inchoate Crimes: Criminal Attempt; Criminal Solicitation; Criminal Conspiracy; Incapacity; Irresponsibility or Immunity of Party to Solicitation or Conspiracy; Mitigation in Cases of Lesser Danger; Multiple Convictions Barred xii, 197 pp., 1960  

     
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    Tentative Drafts 5-7
    1957, #5084

     

    Tentative Draft No. 5: Territorial Applicability; Time Limitations; Double Jeopardy; Liability of Corporations; Parole; Organization of Correction xi, 187 pp., 1956 Tentative Draft No. 6: Obscenity; Perjury and Other Falsification to Authorities xiii, 165 pp., 1957 Tentative Draft No. 7: Immaturity Excluding Criminal Conviction; Sentencing and Treatment of the Young Adult Offender; The California Youth Authority and the Model Penal Code: Paul W. Tappan ix, 127 pp., 1957  

     
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    Tentative Drafts 1-4
    1955, #5083

     

    Tentative Draft No. 1: Plan of Code; General Principles of Liability; Property Crimes vii, 119 pp., 1953 Tentative Draft No. 2: Preliminary; Authorized Disposition of Offenders; Authority of Court in Sentencing; Property Offenses; Suspension of Sentence; Probation xi, 155 pp., 1954 Tentative Draft No. 3: Proposals for the Sentencing and Treatment of the Young Adult Offender under the Model Penal Code: Paul W. Tappan; The Youth Correction Authority (YCAA) and the Draft Code: Thorsten Sellin vii, 63 pp., 1955 Tentative Draft No. 4: Code Provisions and Their Present Status; Preliminary; General Principles of Liability; Responsibility; Authorized Disposition of Offenders; Authority of Court in Sentencing; Offenses Against Property; Sexual Offenses; Suspension of Sentence; Probation xv, 302 pp., 1955