offense

An offense is an act or omission that is punishable under criminal law. The terms offense, criminal offense, and crime are often used interchangeably. The term offense may also be frequently used to describe a minor crime. However, an offense is not the same as a civil wrong, a term used in the context of tort law.

Each state has the authority to establish which acts or omissions are considered offenses (or crimes), within the limits of the U.S. Constitution, for the purposes of retribution. Congress may also determine which acts or omissions are considered federal offenses through formal procedure. 

Depending on their severity, criminal offenses belong to one of three categories:

• Felonies
• Misdemeanors
• Infractions

[Last reviewed in June of 2026 by the Wex Definitions Team]

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