What defines an offense not punishable by imprisonment in the penitentiary?

An offense that is not punishable by imprisonment in a penitentiary is defined as a misdemeanor. Misdemeanors are typically considered less serious crimes than felonies, which can lead to significant imprisonment or even life sentences. Instead, misdemeanors often result in lighter penalties, such as fines, community service, or a shorter period of incarceration in a local jail rather than in a penitentiary. This distinction in terms of severity and punishment is fundamental in the legal system, allowing for a tiered approach to justice based on the nature of the offense.

In contrast, felonies are serious crimes that can result in long-term imprisonment, often in a state or federal penitentiary. Torts refer to civil wrongs that cause harm or loss to individuals, typically resolved through monetary compensation rather than criminal penalties. Breach of contract involves failing to fulfill a contractual obligation and is also treated as a civil matter, rather than a criminal offense. Consequently, these other options do not fit the criteria of an offense punished without incarceration in a penitentiary, further solidifying the classification of misdemeanors as the correct answer.