CH 5- Child Endangerment Flashcards

1
Q

Reckless endangerment of a child ROA

A

In presence bop

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2
Q

What are the two types of reckless endangerment of a child

A

Action - ANYONE who recklessly engaged in conduct that creates substantial risk of bodily or sexual abuse to someone under 18

Inaction - LEGAL DUTY TO ACT - don’t act and sub risk of BI or SA

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3
Q

Case - leading police on a wild chase with your kid in the car and fleeing to the woods

A

Good

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4
Q

Case - not restraining child in a seatbelt and they get hurt in a crash

A

No - negligent only

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5
Q

Case- throwing a chair at your wife while she is holding the baby but you miss

A

Good

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6
Q

Case- punching wife in the face while she is holding the baby

A

Good

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7
Q

Case- not providing care to 10 month old infant who has weeks of cough and breathing issues - dies

A

Good

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8
Q

Case - parent leaves hair straightener in accessible place knowing the baby likes to play with it - burning hot- waits to bring baby to hosptial for 24 hours

A

Good on action and inaction

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9
Q

Case- dropping baby on the floor and not bringing it to hospital after it cries for 20 min

A

Good

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10
Q

Case- not providing child with cancer medicine on purpose and they die

A

Good

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11
Q

Case - passing out drunk in a car with a loaded gun on front seat with kids in car

A

Good

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12
Q

Case - walking on train tracks with child while drunk

A

Good

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13
Q

Case- permitting teens to drink alcohol til they get I’ll then doing nothing about it and placing an IV the next morning without permission

A

Good

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14
Q

Case - overwhelming marijuana smoke

A

Good

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15
Q

Is selling drugs in the home enough to be child endangerment

A

No - must be more

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16
Q

Case- child eats Suboxone pill left out by accident, father immediately brings to ER

A

No

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17
Q

Case- keeping loose drugs in a drawer kids love to go into and they take them

A

Good

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18
Q

Case - bloody needles in a diaper bag next to a baby

A

No

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19
Q

Case - mom sleeping and wakes up to notice the child is gone and door is open, goes back to sleep after looking for 5 min

A

Yes

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20
Q

Case- striking a child with a belt, what’re the two charges

A

ABDW and reckless endangerment

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21
Q

What happens if you charge RE and you put down the wrong reasoning , ex - at risk of sexual abuse when it’s supposed to be SBI

A

Dismissed

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22
Q

Sex offenders level of certainty

A

Clear and convincing evidence

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23
Q

Sex offender definition

A

One who works, lives, or attends college in MA and is

  • convicted or adjudicated of a sex offense
  • released from probabtion, parole,DCF
  • adjudicated sexually dangerous
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24
Q

Definition - person who has been convicted of or adjudicated of sexually violent offense and suffers from mental abnormality making them likely to engage in sexual violence

A

Sexually violent predator

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25
Q

Definition - person who has been convicted of or adjudicated of sexually violent offense and suffers from mental abnormality making them likely to engage in sexual violence

A

Sexually violent predator

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26
Q

Registration duty violations (4)

A

Failure to register

Failure to verify reg info

Failure to notify address change

Provides false info

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27
Q

Misuse of registry info ROA

A

In presence bop

28
Q

Operating ice cream truck as a SO ROA

A

WPC

29
Q

Case law - person stayed with friends if they could not get into homeless shelter but did not provide those addresses

A

Not violation

30
Q

Case law - person stayed with friends if they could not get into homeless shelter but did not provide those addresses

A

Not violation

31
Q

Where can SO registry violations be prosecuted

A

Any county that it happened or they were

32
Q

Registration after leaving incarceration

A

Within 2 days

33
Q

Outside of MA coming into MA registration

A

Within 2 days of arrival

34
Q

Living in MA and moving out of state

A

Not less than 10’days before

35
Q

Living in MA and making a work or residence change

A

Within 10 days

36
Q

Secondary address is where someone lives for ——— in a year or——- in a month

A

14 days in a year

4 days in a month

37
Q

Does the 10 day rule apply to primary and secondary address

A

Yes

38
Q

Case - are psychological impairments that cause memory loss considered when charging someone with failure to register

A

Yes

39
Q

Case - police go to a house and find out guy is a SO who is registered as homeless

A

Good charge with fail to reg

40
Q

Case - stating you’re staying at a friends house shows you need to register

A

False - unknown timeline

41
Q

Case - vacant old apartment and filled new apartment

A

Need to register

42
Q

What helps show the knowingly element for registering

A

Prior history of registering

43
Q

Level 1 - low risk
- Public dissemination?
- when and how to register
- homeless 1 register
- homeless GPS?

A
  • no public dissemination
  • by mail annually
  • homeless - 30 days by mail
  • yes GPS
44
Q

Level 2 - moderate risk
Public dissemination?
Register requirement
Homeless register
GPS?

A
  • information is Public and available upon request or posted online
  • annually in person
  • 30 days in person
  • yes
45
Q

Level 3- high risk of re-offense
Public dissemination
Registration
Homeless
GPS

A
  • distribute yearly
  • in person annually
  • in person every 30 days
  • yes
46
Q

Sexually violent predator
- registration requirements
- homeless
- community notification

A
  • non homeless every 45 days in person
  • homeless - every 30 days in person
  • community notification every 90 days
47
Q

When you receive info on a level 3 SO when should it be put out to public

A
  • within 2 days or annually

MUST CONTACT SCHOOLS

48
Q

Methods of Dissemination

A
  • newspaper or tv
  • posting in Public
  • website link
49
Q

Do you post info of level 3 that moved out of state

A

No

50
Q

Requirements to request SO info

A
  • 18 years old
  • arrive in person and ask for specific person or describe them
  • must want for your protection or protection of child
  • sign
51
Q

What info will you not receive when asking for SO info

A

Anything about the victim

52
Q

When must police complete info request

A

2 days

53
Q

To become a level 2 sex offender what do you need to do

A

Requires a contact crime

54
Q

3 reasons to have your need to register revoked

A
  • SORB decides re offense is low
  • prosecutor requests
  • judge rules after delinquency hearing
55
Q

How long do you have to register for

A

20 years

  • judge can rescind after 10 years no re offense
56
Q

How many sex offenses causes you to register for life

A

2 or more

57
Q

GPS monitor must be issued because of what

A

Victim safety and fear not general crime control

58
Q

Do juvenile SO have to wear GPS

A

No

59
Q

Non sex offender no permit (by chief) ROA

A

$500 a day - complaint

60
Q

Contribute to delinquency of a minor - ROA

A

In presence bop

61
Q

Age range for contributing to delinquency of a minor

A

At least 12 but not 18

62
Q

Contribute -

Case - encouraging your kid to fight

  • unknowingly receiving stolen property
A

Good

No

63
Q

Where is contributing to deliqunce of a minor and contributing to violation of custody or court order tried

A

Juvenile court

64
Q

Contributing to violation of court or custody order ROA

A

In presence bop

65
Q

Age suspect must be to contribute to court order violation

A

19

66
Q

Only defense to contributing to violation of court order or custody

A

Shielding child from abuse