CC pg 634 - 665 Flashcards
4301 Bigamy
M2–Marriage when already married .
defenseUnless - they think spouse is dead, the actor and prior spouse have been living apart for 2 consecutive years which thought the other was dead, court entered judgement terminating marriage and the actor doesnt know its invalid.
4302 Incest
F2, marries or cohabits or has sex with ancestor or descendant, brother sister whole or half blood, aunt uncle nephew or niece of whole blood.
Felony 2 incest of minor when theyre under 13, or is 13-18 and the actor is 4 years older or more
4303 concealing death of child
M2 -whether or not child born dead - if the child was murdered and they dont report
if the same indictment or charge on any person, as well as the offense of concealment of death, jury may acquit or convict of both offenses, or find him or her guilty of one and acquit him or her of the other.
4304 Endangering welfare of child
person, parent or guardian, knowingly endangers welfare of child by violating duty of care protection or support. ;
**failing to report child abuse, .. person supervising welfare means a person other than parent or guardian that provides care, education, training or control
M1. however where there is a course of conduct of endangering welfare of child, offense constitutes F3
(if teacher fails to report, M2.. if the parent does it, F3)
4305 dealing in infant children
M1 if he deals in humanity by trading, bartering, buying selling or dealing in infant children
4306 newborn protection
- parent not liable for leaving a newborn in a hospital or police officer… the parent muse express with the intent to have them accept the newborn and its not a victim of child abuse.
4701 bribery in official and political matters
F3 if he offers or accepts any pecuniary benefit.
4702 threats and other improper influence in official and political matters
(SOA- threatening judge or political person to make certain rulings) M2, unless the actor threatened to commit a crime or made a threat with intent to influence a judicial or admin proceeding, F3.
4703 retaliation for past official action
M2 if he harms another by any unlawful act in retaliation for anything lawfully done by the latter in the capacity of public servant.
4902 Perjury
F3. false statement under oath or equivalent affirmation.
no person guilty of this if they retracted the falsification in the course of the proceeding in which it was made before it became manifest that it would be exposed and affect proceeding. Where def made inconsistent statements, not necessary for prosecution ot prove which statement was false but only that one or the other was false.
4903 False swearing
a person who makes a false statement under oath, or equivalent affirmation, or swears or affirms the truth of such a statement when he does not believe it is true, or falsification is intended to mislead a public servant in performing his official function, M2.
M3 -to notary
4904 unsworn falsification to authorities
M2 , with intent to mislead a public servant in performing his official function, makes any written false statement.
M3 if makes written false statement , authorized by law to effect that false statements made thererin are punishable.
4905 false alarms to agencies of public safety
knowingly causes false alarm of fire or other emergency to be transmitted.
M1 - if it occurs during a declared state of emergency and it causes the organization to be diverted from their duties, F3
4906 False reports to LEOS
person who knowingly gives false information to any LEO commits M2
fictitious reports- M3 if reports to LEOs an incident which did not occur, pretends to furnish such authorities with info relating to an offense when he knows he has no info or such offense or incident.
4906 false reports of child abuse
M2
4909 witness or informant taking bribe
Felony 3, accepts any benefit in consideration of his doing any things related to intimidation to witness.
4910 tampering or fabricating physical evidence
M2 if believing that official proceeding is pending, alters destroys conceals any record document or thing with intent to impair its verity
4911 tampering with public records or information
knowingly makes a false entry or false alteration or any record kept by government or for law. M2… if it intends to injure anyone F3
4912 impersonating a public servant
M2 if pretends to hold a position in public service with intent to induce another to submit to such official authority
4913 impersonating a notary public or a holder of professional or occupational license
M2.. if intends to harm someone M1
4914 false identification to LEOs
M3
4915 failure to comply with registration of sexual offenders requirements
if sexual predator and doesnt register or comply – F3
required to register for a period of 10 years
4915 failure to comply with registration requirements
failure to comply with verification of address, photographs, accurate info … F3
4952 intimidation of witnesses or victims
charged as the most serious offense in which the case if being tried for (ex- intimidating a victim or witness of rape - then it is a Felony 1)
4953 retaliation against witness, victim or party
Felony 3 if force, physical harm
M2 if intimidation
4953.1 retaliation against prosecutor or judicial official
harms or attempts to harm another or the tangible property of another by unlawful act in retaliation for anything lawful done in capacity of prosecutor or judicial official. grading - F2 if force of violence, or damage of property exceeding $1,000, otherwise M1
4954 notice on protective orders.
all protective orders must state in large print at top of order that the witness or victim must immediately call police of anyone violates order
4957 protection of employment of crime victims, family members of victims and witnesses
cant fire an employee because witness or victim to crime-but doesn’t mean they have to pay them for absence because of court proceedings. Employer commits Summary offense if not.
4958 intimidation, retaliation or obstruction in child abuse cases
F2 if the actor employs force, or deception or threatens to. actor offers pecuniary benefits to reporter witness or victim.
M2 if person has knowledge or intents the persons conduct will obstruct or interfere with making of child abuse report or investigation.
5101 obstructing administration of law or other governmental function
M2 intentionally obstructs the administration of law by force violence or physical interference. ( this does not apply to flight by a person charged with crime or refusal to submit to arrest, failure to perform a legal duty other than an official duty)
5102 obstructing or impeding the administration of justice by picketing
M2 if impedes the administration of justice, pickets or parades in or near any building of commonwealth - doesnt interfere with commonwealth power to punish for contempt.
5103 unlawfully listening into deliberations of jury
M3 if by any scheme or device, listens to deliberations of any jury
5104 resisting arrest or other law enforcement
M2
5104.1 disarming law enforcement officer
removes or attempts to remove a firearm from officer.F3
5105 hindering apprehension or prosecution
harboring or concealing defendant, gives false info to LEOs, destroys evidence, tampers with witness or document
if defendant is charged with any felony, it is a F3, otherwise it is M2
5106 failure to report injuries by firearm or criminal act
Summary offense of docter or medical servant fails to report any injury that are inflicted under violation of law
5107 aiding consummation of crime
aids another to accomplish an unlawful object of a crime as by safeguarding the proceeds into negotiable funds. F3 if the offense is felony, otherwise M2
5108 compounding
M2 if agrees , or accept money to agree, to not report to any LEOs a crime or info related to crime.
* it is a defense that the benefit did not exceed an amount which the actor believed to be due as restitution or indemnification for harm caused by the offense
5109 barratry
M3 if he vexes others with unjust and vexatious suits
5110 contempt of general assembly
M3 if fail to appear after being served a subpoena
5112 obstructing emergency services
M3 impedes or obstructs with emergency services providing services to an injured victim or rescue firefighting activities
5121 escape
M2, unless escaping after being charged with Felony, F3
5122 weapons or implements for escape
M1 if unlawfully introduces within a detention facility , or if inmate makes one for himself
5123 contraband
M3 if giving money directly to inmate( must be to prison first or warden)
M1 if give them a phone, and M1 if they have a phone
F2 if give inmate drugs
5124 default in required appearance
set a liberty by court order with or without bail, failures to appear at court commits M2… F3 if they were to appear in response to a Felony Charge
5125 Absconding witness
M3 , if required b y virtue of legal process, fails to appear in court
5126 flight to avoid apprehension
Felony 3 of being charged with any sort of felony. M2 if being charged with any misdemeanor
5131 recruiting criminal gangs
soliciting someone to join a gang - M2
inflicting bodily injury, force threats, intimidation - M1
SBI F3
5301 official oppression
acting in an official capacity, M2 if knowing conduct is illegal subjects another to arrest or infringement of personal or property rights, denies another exercise of any right.
5302 speculating or wagering on an official action or information
public servant commits an M2 … if c in contemplation of official action by himself, acquires money speculates on the basis of such info or action, aids another to do any.
5303 liability for reimbursement of costs for outside counsel
a public official who is convicted of a felony or misdemeanor under any law, must reimburse any public money expended by commonwealth for outside counsel
5501 riot
F3 if participates with two or more others in a course of disorderly conduct which intent to commit or facilitate the commission of a felony or misdemeanor, when the actor or any others plan to use a deadly weapon
5502 failure of disorderly persons to disperse upon official order
M2 - when 3 or more people are acting in disorderly conduct refuse to disperse upon lawful demand
5503 disorderly conduct
M3
with intent to cause public inconvenience, annoyance or alarm, recklessly creating a rise thereof…
M3 if the actor is to cause harm or serious inconvenience or persists in disorderly conduct after being told to desist.. otherwise its a summary offense.
5505 public drunkenness and similar misconduct
Summary
$500 or less for first offense, and $1,000 for second or subsequent violation
5506 loitering and prowling at night
whoever at night time maliciously loiters or prowls around a dwelling.. M3 – around a dwelling house or any other place used wholly or in part for living or dwelling purposes, belonging to or occupied by another.
5507 obstructing highways and other public passages
having no legal privilege to do so, obstructs highway, railroad track, sidewalk, public passage either alone or not… Summary.
5508 disrupting meetings and processions
M3 with intent to prevent or disrupt a lawful meeting, disturbs or interrupts public gathering
5509 desecration theft or sale of venerated objects
M2 if desecrates any worship or burial ground, veterans marker,
5510 abuse of corpse
M2
5511 cruelty to animals
M2
M1 if kills animal tortures or mutilates
F3 for animal fighting ring
5511 live animals as prizes prohibited
except fish. summary, fine not more than $250
5511.2 police animals
F3, kick strike beat torment any police dog
5511.3 assault with biological agent on animal, fowl or honey bees
F2 knowingly or maliciously exposes animal forwl or honey bees to any virus.
5512 lotteries, etc
all unlawful lotteries or numbers games are declared to be common nuisances.
M1 if maintains any lottery or numbers game, sells or prints any unlawful lottery ticket
5513 gambling devices, gambling etc
m1
5514 pool selling and bookmaking
M1 , engages in it, occupies any place for receiving registering bets or wagers,
5515 prohibiting of paramilitary training
M1 if teach someone how to make a military level bomb for the purpose of them using it unlawfully
5516 facsimile weapons of mass destruction
F3, manufactures, sells purchases transports any WMD
5517 Unauthorized school bus entry
M3, if enters bus and driver refuses
schools allowed to post signage stating no unlawful entry