Also known as: serious criminal contempt · serious criminal contemptuous · criminal contempt · contempt of court
Written by attorneys · grounded in primary & secondary sources — see below
A category of criminal contempt proceedings in which the penalty imposed or authorized exceeds six months' imprisonment. The classification triggers Sixth Amendment jury trial protections that apply to both direct and indirect contempt findings. Consecutive shorter sentences that aggregate above the six-month threshold also qualify as serious.
Sophia Singh, ordered by a State E tribunal to pay monthly child support, relocated to State F and stopped payments. The State E agency requested enforcement in State F. After notice and hearing, the State F tribunal found willful nonpayment and imposed a sentence exceeding six months. The proceeding qualified as a serious criminal contempt requiring full constitutional safeguards.
Sofia Stern received three consecutive thirty-day sentences for separate courtroom outbursts during a single trial. The aggregate penalty exceeded six months. The court treated the matter as a serious criminal contempt and afforded a jury trial.
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Steven Silva repeatedly filed frivolous motions and destroyed documents to obstruct a civil suit brought by Synergy Systems. The district court imposed a criminal contempt sanction of nine months' imprisonment. Because the penalty exceeded six months, Silva received a jury trial on the contempt charges.
Seth Shapiro failed to pay court-ordered child support despite having the ability to comply. The state initiated criminal contempt proceedings and sought a sentence of eight months. The prosecution bore the burden of proving ability to pay beyond a reasonable doubt because the case involved a serious criminal contempt.
Selena Singh repeatedly interrupted her criminal trial with outbursts despite warnings. The court removed her from the courtroom for the remainder of the proceedings. The resulting contempt finding carried a potential penalty exceeding six months, so the matter was classified as a serious criminal contempt requiring jury trial procedures.
Sean Steele, a prison official, failed to remedy unconstitutional conditions after a court order. The court imposed a criminal contempt sanction of seven months' imprisonment. The penalty triggered the jury trial right applicable to serious criminal contempts.
A criminal contempt is serious when the penalty imposed or authorized exceeds six months' imprisonment. Consecutive shorter sentences that aggregate above six months also trigger the right. The Sixth Amendment jury trial guarantee applies to both direct and indirect contempt findings that meet this threshold.
Yes. A responding tribunal may enforce an out-of-state support order through civil or criminal contempt, or both, when the obligor willfully refuses to pay after notice and hearing. The authority exists under the tribunal's own state law and does not require issuance of a new local order.
Ordinary rules of evidence govern non-summary criminal contempt proceedings. The defendant is entitled to notice stating the essential facts, a jury trial when the penalty exceeds six months, and sentencing under Rule 46 detention standards. A judge facing disrespect or criticism must be disqualified unless the defendant consents.
…are involved, this Court has held that concern for the dignity and reputation of the courts does not justify the punishment as criminal contempt of criticism of the judge or his decision. Bridges v. California, 314 U. S. 252. This is true even though the utterance contains "half-truths" and "misinformation." Pennekamp v. Florida,…