If an offense does not specify a penalty, to what should the court look?

• A. The general penalty clause of the statute
• B. The maximum penalty provided in the statute
• C. The minimum penalty provided in the statute
• D. The penalty chosen by the court for similar offenses

Answer: (A)

When an offense doesn’t specify a penalty, the court uses the general penalty clause in the statute as the default punishment. This clause provides the baseline sentence for offenses that aren’t individually described, ensuring sentencing is consistent and within the legislative framework. The general clause typically outlines a range, limits, or other standard penalties, and the court applies that framework to determine the sentence. Relying on penalties from similar offenses or picking a sentence outside of that default structure would bypass the statutory default and could lead to inconsistency. So, the default source for sentencing in this situation is the general penalty clause of the statute.