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Louisiana Bar Exam July 2023- Created By Maryclaire Farrington > 25. Criminal Law - Crimes > Flashcards

25. Criminal Law - Crimes Flashcards

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MBE flashcards
1
Q

First Degree Murder

A

specific intent to kill/inflict GBH
AND engaged in an enumerated felony

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2
Q

Enumerated Felonies for First Degree Murder

A
  • aggravated/2DK
  • aggravated escape
  • aggravated arson
  • forcible/aggravated rape
  • aggravated burglary
  • robbery
  • cruelty to juveniles
  • terrorism
  • if ‘special victim’ involved
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3
Q

Assault

A
  • simple = intentional placing of another in reasonable apprehension of receiving a battery
  • Aggravated = assault committed with a dangerous weapon
  • aggravated assault with a firearm = simple assault + firearm
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4
Q

False Imprisonment

A

unlawful intentional confinement or detention of another

FI with a DW = while the offender is armed with a dangerous weapon

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5
Q

Aggravated Burglary

A

the unauthorized entering of any structure where a person is present with the intent to commit a felony or theft therein, when the offender:

  • is armed with a dangerous weapon,
  • arms himself with a dangerous weapon after entering, or
  • commits a battery on another during the burglary

second degree = battery committed with a dangerous weapon when the offender intentionally inflicts serious bodily injury

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6
Q

Criminal Damage to Property

A

intentional damaging of property of another without consent
by means other than fire or explosion

aggravated = foreseeable that human life might be endangered

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7
Q

Criminal Trespass

A

the entry or “remaining upon” immovable property owned by another without express, legal, or implied authorization

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8
Q

Theft

A

misappropriation or taking of anything of value which belongs to another
without consent
and with the intent to permanently deprive

attempted theft = card declined?

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9
Q

Felon with a Firearm

A

It is unlawful for a person who has been convicted of a felony crime of violence or a felony drug possession crime to possess a firearm.

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10
Q

Illegally Supplying a Felon with a Firearm

A

the intentional giving, selling, donating, providing, lending, delivering, or otherwise transferring a firearm to any person known by the offender to be a person convicted of a felony and prohibited from possessing a firearm

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11
Q

Computer Tampering

A

The intentional accessing or assisting someone else in accessing data in a computer or computer program without authorization from the owner of the computer.

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12
Q

Stalking

A

the intentional and repeated harassing of another person in a manner that would cause a reasonable person to feel alarmed or to suffer emotional distress

includes distress caused by threats of death or bodily injury

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13
Q

Criminal Conspiracy

A

the agreement or combination of two or more persons for the specific purpose of committing any crime

at least one party must do an overt act in furtherance of the object of the agreement or combination

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14
Q

Obstruction of Justice

A

tampering with evidence with the specific intent of distorting the results of any criminal investigation or proceeding which may reasonably prove relevant to a criminal investigation or proceeding
committed with the knowledge that such act has, reasonably may, or will affect an actual or potential present, past, or future criminal proceeding

hid getaway car?

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15
Q

Flight from an Officer

A

the intentional refusal of a driver to bring a vehicle to a stop knowing that he has been given a visual and audible signal to stop by a police officer when the officer has reasonable grounds to believe that the driver has committed an offense

is he off duty? did both siren and lights go off?

aggravated = under circumstances wherein human life is endangered

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16
Q

Reckless Operation of a Vehicle

A

the operation of any motor vehicle, aircraft, vessel, or other means of conveyance in a criminally negligent or reckless manner

eg: high speed chase/ ramming police car/ driving erratically and almost hitting peds/ running red light/ lethal accident involvement

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17
Q

Hit-and-Run Driving

A

intentional failure of the driver of a vehicle involved in or causing any accident,
to stop such vehicle at the scene of the accident,
to give his identity,
and to render reasonable aid

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18
Q

Possession of CDS / with Intent to Distribute

A

It is unlawful for any person to knowingly or intentionally possess a controlled dangerous substance classified in any schedule of unlawful drugs

+ possession of a controlled dangerous substance with intent to distribute

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19
Q

Driving while Intoxicated

A

the operating of any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance when: the operator is under the influence of alcoholic beverages/ any controlled dangerous substance

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20
Q

Battery

A

the intentional use of force or violence on the person of another

  • second degree = committed when the offender intentionally inflicts serious bodily injury
  • aggravated = with dangerous weapon

includes the intentional administration of a poison or other noxious liquid or substance to another

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21
Q

Dangerous Weapon

A

An instrumentality that, in the manner used, is calculated or likely to produce death or great bodily harm

(ie hitting very hard with a nightstick)

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22
Q

Self Defense

A

a person may use self-defense if he reasonably believes that his conduct is necessary under the circumstances.

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23
Q

When you CANNOT claim self defense

A

A person who is an aggressor or who brings on a difficulty CANNOT claim the right to self-defense
UNLESS
he withdraws from the conflict in good faith and in such a manner that his adversary knows or should know that he desires to withdraw and discontinue the conflict

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24
Q

Arson

A

intentional damaging of property of another by any explosive substance or by setting fire to any structure

  • aggravated = where it is foreseeable that human life might be endangered
25
Q

Attempted Murder

A

When the perpetrator has a specific intent to commit a crime and does an act for the purpose of and tending directly toward the accomplishing of his object.

To be guilty of attempted murder, the defendant must have specifically intended to kill his victims.

26
Q

Attempt

A

a person who has a specific intent to commit a crime
does an act for the purpose of and
tending directly toward the accomplishing of his object.

27
Q

Transferred Intent

A

When a person has a specific intent to kill or inflict great bodily harm on a certain person but instead kills or harms another by mistake or inadvertence, he is responsible for the resulting death under the doctrine of transferred intent.

eg: firefighter dies after arson

28
Q

Carjacking

A

the intentional taking of a motor vehicle belonging to another,
while in the presence of that person,
by use of force or intimidation

29
Q

Armed Robbery

A

the taking of anything of value belonging to another
from that person,
by use of force or intimidation,
while armed with a dangerous weapon

30
Q

Robbery

A

the taking of anything of value belonging to another
from that person,
by use of force or intimidation

31
Q

Defense of Property

A

The use of force is justifiable when committed for the purpose of preventing a forcible offense against the person, or a forcible offense or trespass against property in a person’s lawful possession, provided that the force or violence used is reasonable and apparently necessary to prevent such offense.

PRESUMPTION

32
Q

Presumption in Defense of Property

A

PRESUMPTION that a person lawfully inside a dwelling held a reasonable belief that the use of force or violence was necessary to prevent unlawful entry thereto, or to compel an unlawful intruder to leave the premises,

IF BOTH of the following occur:

  1. the person against whom the force or violence was used was in the process of unlawfully and forcibly entering or had unlawfully and forcibly entered the dwelling; AND
  2. the person who used force or violence knew or had reason to believe that an unlawful and forcible entry was occurring or had occurred.
33
Q

Simple Burglary

A

the unauthorized entering of any dwelling/ vehicle/ structure where a person is present with the intent to commit a felony or theft

34
Q

Possession of a Concealed Firearm

A

“Illegal carrying of weapons” includes “the intentional concealment of any firearm on one’s person

35
Q

Second Degree Murder

A

the killing of a human being when the offender has SPECIFIC INTENT to kill or to inflict great bodily harm

36
Q

Unauthorized Entry of a Place of Business

A

intentional unlawful unauthorized entering place of business enclosed by six-foot high barrier

37
Q

Resisting an Officer

A

the intentional interference with, opposition or resistance to, or obstruction of
an individual acting in his official capacity and authorized by law to make a lawful arrest, lawful detention, or seizure of property, or to serve any lawful process or court order
when the offender knows or has reason to know that the person arresting, detaining, seizing property, or serving process is acting in his official capacity

38
Q

Simple Kidnapping

A

the forcible seizing and carrying of a person from one place to another without consent

39
Q

Second Degree Kidnapping

A

the forcible seizing and carrying of a person from one place to another without consent

when:

  • victim is used as a hostage
  • offender is committing a felony or fleeing from felony OR
  • armed with a dangerous weapon
40
Q

Criminal Damage to Coin-Operated Device

A

the intentional damaging of any coin-operated device belonging to another

41
Q

Vehicular Homicide

A

the killing of a human being caused proximately or directly by an offender engaged in the operation / in actual physical control of, any motor vehicle, aircraft, watercraft, or other means of conveyance, (whether or not the offender had the intent to cause death or great bodily harm)
when, among other conditions,
the operator is under the influence of alcoholic beverages,
and that condition was a contributing factor to the killing

42
Q

Third-Degree Feticide

A

the killing of an unborn child by the act, procurement, or culpable omission of a person other than the mother of the unborn child

  • third degree = by an offender engaged in the operation of, or in actual physical control of, any motor vehicle, aircraft, vessel, or other means of conveyance whether or not the offender had the intent to cause death or great bodily harm whenever, among other things, the offender is under the influence of alcoholic beverages
43
Q

Vehicular Negligent Injuring

A

the inflicting of serious bodily injury upon the person of a human being when caused proximately or caused directly by an offender engaged in the operation of, or in actual physical control of, any motor vehicle, aircraft, watercraft, or other means of conveyance when, among other conditions,
the operator is under the influence of alcoholic beverages, and that condition was a contributing factor to the injury

(vehicular homicide without the death)

44
Q

Special Battery Crimes

A

Battery of Police Officer (did he ram the police officer’s car?)
Battery of Schoolteacher

45
Q

Video Voyeurism

A

the use of any image recording device for the purpose of observing, photographing or videotaping a person when that person has not consented to it and the offender uses the device for a lewd or lascivious purpose

includes the “transfer of an image obtained by activity” described above by “live or recorded telephone message, electronic mail, the Internet, or a commercial online service”

46
Q

Home Invasion

A

“the unauthorized entering of any inhabited dwelling” when “a person is present,” with the “intent to use force or violence upon the person.”

47
Q

Nonconsensual Disclosure of Private Image

A

ELEMENTS:
(1) The person intentionally discloses an image of another person who is seven- teen years of age or older, who is identifiable from the image or information displayed in connection with the image, and whose intimate parts are exposed in whole or in part

(2) The person who discloses the image obtained it under circumstances in which a reasonable person would know or understand that the image was to remain private

(3) The person who discloses the image knew or should have known that the person in the image did not consent to the disclosure of the image

(4) The person who discloses the image has the intent to harass or cause emotional distress to the person in the image, and the person who commits the offense knew or should have known that the disclosure could harass or cause emotional distress to the person in the image

48
Q

Disturbing the Peace

A

doing of any of the following in such manner as would foreseeably disturb or alarm the public:

  1. engaging in a fistic (fighting) encounter; OR
  2. appearing in an intoxicated condition
49
Q

Escape

A

the intentional departure of a person from any place where such person is legally confined

aggravated = under circumstances wherein human life is endangered

50
Q

Theft of Assets of an Aged Person/ Disabled Person

A

misappropriating property of a person over the age of sixty years

51
Q

Identity Theft

A

The intentional fraudulent use of one’s personal identifying information (SS#, ID, etc.) to obtain, possess, or transfer credit, money or anything else of value without the authorization or consent of the other person.

52
Q

Access Device Fraud

A

to transfer or possess an “access device” with the intent to defraud

An access device = using credit cards, ATM cards, social security numbers or other ID numbers

53
Q

Unauthorized Use of a Movable

A

the intentional taking or use of a movable which belongs to another without the other’s consent but without any intention to deprive the other of the movable permanently

54
Q

Offenses Against Computer Equipment

A

the intentional modification or destruction of computer equipment without consent

55
Q

Principal

A

In Louisiana, all persons who directly commit the act constituting the offense, or who aid and abet, are considered principals.

The acts of one principal are attributed to the other principals, so long as each principal had the appropriate mens rea.

(i.e., intent to commit the crime or to help or encourage another to do it)

56
Q

Domestic Abuse Battery

A

intentional use of force or violence committed by one household member or family member upon the person of another household member or family member

57
Q

Attempt

A

Any person who,
having a specific intent to commit a crime, does or omits an act for the purpose of and tending directly toward the accomplishing of his object is guilty of an attempt to commit the offense intended; and it shall be immaterial whether, under the circumstances, he would have actually accomplished his purpose

58
Q

Unauthorized Entry of an Inhabited Dwelling

A

intentional entry by a person without authorization into
any inhabited dwelling or other structure belonging to another and used in whole or
in part as a home or place of abode by a person

59
Q

Negligent Injuring

A

includes “the inflicting of any injury
upon the person of another by criminal negligence.” Criminal negligence
exists when, although neither specific nor general criminal intent is present, there
is such disregard of the interest of others that the offender’s conduct amounts to a gross deviation below the standard of care expected to be maintained by a
reasonably careful man under like circumstances.

Louisiana Bar Exam July 2023- Created By Maryclaire Farrington (19 decks)

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