All Flashcards
What code is Purchase or possession by minor?
3-3-203
What does a 18-20 yr old charged with possession or purchase of alcohol have to surrender?
His or her license, permit, or other driving privileges to the law Enforcement officer
What are the 5 felony classifications
Class Y A B C D
What are the 3 misdemeanor classifications
Class A
B
C
What do you have to prove to convict someone of an offense?
Beyond A Reasonable Doubt
What are the Culpable mental states?
Purposely, Knowingly, Recklessly, Negligently
Deadly force is justified if…
Reasonably believes
Person committed or in process of a felony involving force or violence
Using or is about to use deadly physical force
Endangering life
Enhanced penalties for offenses committed in the presence of a child
Any violent offenses 5-4-702
What class is Capital Murder
Class Y Felony
Capital Murder
Attempts or commits: Terrorism, Rape, kidnapping, vehicular piracy, robbery, aggravated robbery, residential robbery, commercial burglary, aggravated residential robbery, delivery of controlled substance, first degree escape, arson
What class is Murder 1st
Class Y felony
Murder 1st
Attempts or commits a felony, causes death, purposely, knowingly
What class is Murder 2nd?
Class A felony
Murder 2nd
Knowingly causes death, purpose of serious physical injury but causes death
Manslaughter
Causes death under extreme emotional disturbance
•purposely causes or aids suicide
•recklessly causes death
•furtherance or flight of felony, negligently causes death
What class is Manslaughter?
Class C felony
Negligent homicide
As result of vehicle, aircraft, watercraft
• intoxicated
•passing school bus
•fatigued
What Class is Negligent homicide
Class B felony under statue
Class A misdemeanor is 24 hours without sleep
Kidnapping
Without consent, restrains
•holding for ransom
•using another person as a shield or hostage
What Class is Kidnapping
Class Y felony under statue
Class B felony if voluntarily releases restrained person alive and in a safe place prior to trial
False imprisonment 1st
Without consent or lawful authority, knowingly restrains as to interfere substantially with persons liberty in a manor that exposes risk or serious physical injury
What class is False imprisonment 1st?
Class C Felony
False imprisonment 2nd
Without consent or lawful authority, knowingly restrains, interfere with persons liberty
What class is false imprisonment 2nd?
Class A misdemeanor
Vehicular piracy
A person seizes or exercises control by force or threat, aircraft, 8 passenger vehicle, unconventional person
What class is vehicular piracy?
Vehicle class C felony Aircraft Class B felony
Robbery
Purpose or commuting felony, misdemeanor theft , resisting apprehension after felony or misdemeanor, employs or threatens to immediately employ physical force
What class is Robbery?
Class B felony
Aggravated Robbery
Robbery and armed with deadly weapon, represents by word or conduct that he or she is armed with deadly weapon, inflicts or attempts to inflict death or serious physical injury
What class is Aggravated Robbery?
Class Y felony
Battery 1st
- purpose of serious physical injury by deadly weapon
- disfigurement, amputating, disabling
- serious physical injury under manifesting extreme indifference to the value of human life
- purposely cause serious physical injury to an unborn child
- knowingly causes serious physical injury 12 or younger
- injury by firearm
What class is Battery 1st
Class Y felony
Battery 2nd
- purpose of physical injury causes serious physical injury
- causes physical injury by deadly weapon other than firearm
- recklessly causes serious physical injury
- physical injury or incapacitation of ; law enforcement, firefighter, code enforcement, corrections in the line of duty
- school employees
- 60 or older 12 or younger
- medical personnel
What class is Battery 2nd?
Class D felony
Battery 3rd
- purpose of physical injury, purposely or recklessly causes physical injury
- negligently causes physical injury by deadly weapon
- purposely causes stupor, unconsciousness, physical or mental impairment
- administering drugs to another without consent
What class is Battery 3rd?
Class A misdemeanor
Aggravated Assault
Conduct of substantial danger of death or serious physical injury
•displays firearm
•chocking
What class is Aggravated Assault?
Class D felony
Assault 1st
Recklessly, creates risk or serious physical injury or death
•purposely chokes
What class is Assault 1st?
Class A misdemeanor
Assault 2nd
Recklessly creates risk of physical injury
What class is Assault 2nd?
Class B misdemeanor
Assault 3rd
Creates apprehension of imminent physical injury
What class is Assault 3rd?
Class C misdemeanor
Coercion
Compels or induces another to engage in conduct which a person has a legal right to abstain
• in fear if not complied with , the actor will cause: physical injury, property damage, confinement, accusation of offense, exposure of secrets/publicize/hatred/contempt/ridicule
What class is Coercion?
Class A misdemeanor
Terroristic Threatening 1st
Threatens to cause death or serious physical injury or substantial damage to property, •purpose of terrorizing, threatens to causes physical injury or property damage to school employee
Terroristic Threatening 1st is A Class what?
Class D felony
Terroristic Threatening 2nd
Purpose of terrorizing another, threatens physical injury or property injury
What class is Terroristic Threatening 2nd?
Class A misdemeanor
Terroristic Act
Shoots with purpose to cause injury or damage to property
What class is Terroristic Act?
Class B upon conviction
Class Y if causes serious physical injury or death
Rape
Sexual intercourse or deviate sexual activity •By forcible compulsion •Incapable of consent Physically helpless Mentally defective Mentally incapacitated •less than 14 •minor and actor was victims guardian, uncle, aunt, grandparent, step grandparent, grandparent by adoption, brother or sister(whole, half, step), nephew, niece, first cousin
What class is Rape
Class Y felony
Sexual indecency with a child
Being 18 or older with less than 15 Sexual intercourse Deviate sexual activity Sexual contact Purpose to arouse or gratify sexual desire of other or self, purposely exposes sex organs to someone less than 15
What class is sexual indecency with a child?
Class D felony
Public sexual indecency
Public place or public view
Sexual intercourse
Deviate sexual activity
Sexual contact
What class is public sexual indecency?
Class A misdemeanor
Indecent exposure
Purpose to arouse or gratify sexual desire of self or other exposes sex organs
In a public place or view
Knows likely to cause affront or alarm
What class is indecent exposure?
Class A misdemeanor 4th or 5th In 10 yrs class D felony 6th+ in 10 yrs class C felony
Sexual extortion
Coerce another to engage in sexual activity threatens
Damage to property
Harm of reputation
Produce or distribute recording
What class is Sexual Extortion?
Class B felony
What class is bestiality?
Class A misdemeanor
Exposing another to HIV
Tested positive for hiv and doesn’t notify other before sexual penetration
What class is exposing another to HIV?
Class A felony
What card must you give a domestic violence victim?
Laura’s card
3 types of orders against someone
No contact
Order of protection
Restraining order