Chapter 27: Assault

Question 1

• attempts, or knowingly/intentionally/reclessly causes bodily injury to another
• negligently causes bodily injury to another w/ a deadly weapon
• attempts by physical menace to put another in fear of imminent serious bodily injury
• conceals/attempts to conceal a hypodermic needle intentionally/knowingly penetrates a LEO/CO

Answer 1

2701: Simple Asssault

M.2

M.1= committed against a child under 12 years of age, by an adult 21 years or older

M.3= a fight/scuffle entered into by mutual consent

Question 2

-communicates (directly or indirectly) a threat to commit any crime of violence w/ intent to:

• terrorize
• cause evacuation of a building, place of assembly, or facility of public transportation
• cause serious public inconvienience
• cause terror/public inconvienience w/ reckless disregard of the risk of causing such

Answer 2

2706: Terroristic Threats

M.1

F.3= if causes occupants of a building/place of assembly or public transportation to be diverted from normal/customary operations

**also liable for restitution for cost of evacuation/response by police, fire, ect…

Question 3

• engages in a course of conduct/repeatedly commits acts toward another person w/o authority; under circumstances which demonstrate intent to place another in fear of Bodily Injury or cause substantial emotional distress
• engages in a course of conduct/repeatedly communicates to another under circumstances that demonstrates or communicates an intent to place other in reasonable fear of Bodily Injury or cause substantial emotional distress

Answer 3

2709.1: Stalking

M.1= 1^st offense

F.3= 2^nd offense; OR 1^st offense w/ a prior conviction of crime of violence against the same victim

Venue= may be deemed to have been committed at either: place where communication was made OR where received

Question 4

• a person sentenced to life imprisonment:
• commits aggravated assault w/ a deadly weapon, or by means likely to produce serious bodily injury; or
• intentionally/knowingly causes another to come into contact w/ blood, saliva, urine, feces, seminal fluid that he knew/should have known to be infected w/ a communicable disease

Answer 4

2704: Assault by Life Prisoner

Graded as Murder of the 2nd Degree

Sentence= Life Imprisonment

Question 8

• Intentionally
• reports w/o factual basis of knowledge, the existance or potential existance of a weapon of mass destruction
• threatens by any means, the placement or setting of a weapon of mass destruction

Answer 8

2715: Threat to use weapons of mass destruction

M.1

F.3= if report/threat causes a diversion from normal/customary operations

F.2= if threat occurs during a declared state of emergency AND causes disruption where the weapon of M.D is reported to exist

**shall be sentenced to pay restitution for cost incurred during response

Question 9

• intentionally
• throws, shoots, drops, or causes to be propelled
• any solid object
• from an overpass or any other location adjacent to or on a roadway
• onto or toward said roadway

Answer 9

2707(b): Propulsion of Missiles onto a roadway

M.2

Question 59

• person confined or committed to jail/correctional facility
• while confined or being transported:
• Intentionally/knowingly commits an assault upon another w/ a deadly weapon or by any means of force likely to result in Serious Bodily Injury
• Intentionally/knowingly causes another to come into contact w/ blood, saliva, seminal fluid, urine, or feces, by spitting, throwing, or tossing such; person knew/should have known fluid to be infected w/ communicable disease

Answer 59

2703: Assault by prisoner

F.2

**Sentence for violation to run consecutively

Question 60

• person confined/committed to jail/correctional facility
• while confinded or being transported:
• attempts/knowingly/intentionally: causes another to come into contact w/ blood, saliva, seminal fluid, urine or feces
• by throwing, tossing, spitting, or expelling such fluid

Answer 60

2703.1: Aggravated Harassment by Prisoner

F.3

Question 68

-person who violates 2701 (simple assault) where the victim is a sports official:

• assaulted during a sports event; OR
• as a result of his official acts as a sports official

**Sports Event= junior high school, high school, college, or any other organized activity, including professional and semi-professional

Answer 68

2712: Assault on Sports Official

M.1

Question 84

-recklessly engages in conduct which places/may place another person in danger of death or serious bodily injury

Answer 84

2705: Recklessly Endagering Another Person

M.2

Question 110

-with intent to harass, annoy or alarm another, the person:

1. strikes, shoves, kicks or otherwise subjects the other person to physical contact, or attempts or threatens to do the same;
2. follows the other person in or about a public place or places;
3. engages in a course of conduct or repeatedly commits acts which serve no legitimate purpose

Answer 110

2709(a)(1)-(3): Harassment

S

Question 115

Commits a violent offense w/ intent to:

• intimidate/coerce a civilian population
• influence the policy of a government
• affect the conduct of a government

Answer 115

2717: Terrorism

If violent offense is a misdemeanor, F.3, or F.2= grade is one-degree higher

If violent offense is an F.1= term in prison set at not more than 40yrs; fine not more than $100,000

Question 139

-w/ intent to commit underlying offense:

• Rape
• Invol. Deviate Sexual Intercourse
• Aggravated Indecent Assault
• Indecent Assault
• offender substantially impairs the complt’s power to appraise/control his/her conduct
• by administering, WITHOUT complt knowledge
• any drugs or other intoxicants

Answer 139

2714: Unauthorized Admin. of Intoxicant

F.3

Question 140

w/ intent to harass, annoy or alarm another, the person:

• communicates to or about such other person any lewd, lascivious, threatening or obscene words, language, drawings or caricatures;
• communicates repeatedly in an anonymousmanner;
• communicates repeatedly at extremely inconvenient hours; or
• communicates repeatedly in a manner other than specified in paragraphs (4), (5) and (6)

Answer 140

2709(a)(4)-(6): Harassment

M.3

Question 141

• attempts to cause serious bodily injury to another, or causes such injury intentionally, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life
• attempts to cause or intentionally, knowingly or recklessly causes serious bodily injury to any of the officers, agents, employees or other persons enumerated in subsection (c) or to an employee of an agency, company or other entity engaged in public transportation, while in the performance of duty

Answer 141

2702(a)(1)(2): Aggravated Assault

F.1

Question 142

• attempts to cause or intentionally or knowingly causes bodily injury to any of the officers, agents, employees or other persons enumerated in subsection (c), in the performance of duty
• attempts to cause or intentionally or knowingly causes bodily injury to another with a deadly weapon
• attempts to cause or intentionally or knowingly causes bodily injury to a teaching staff member while acting in the scope of his or her employment or because of his or her employment relationship to the school

-attempts by physical menace to put any of the officers, agents, employees or other persons enumerated in subsection (c), while in the performance of duty, in fear of imminent serious
bodily injury

-uses tear or noxious gas as defined in section
2708(b) (relating to use of tear or noxious
gas in labor disputes) or uses an electric or electronic
incapacitation device against any officer, employee or other person enumerated in subsection (c) while acting in the scope of his employment

Answer 142

2702(a)(3)-(7) Aggravated Assault

F.2

Question 143

-attempts to cause or intentionally or knowingly causes bodily injury to a law enforcement officer, while in the performance of duty and with knowledge that the victim is a law enforcement officer, by discharging a firearm

Answer 143

2702.1: Assault of a Law Enforcement Officer

F.1

**term of imprisonment not to exceed 40 years

Question 144

• intentionally
• throws, shoots or propels

-a rock, stone, brick, or piece of iron, steel or other like
metal, or any deadly or dangerous missile, or
fire bomb

-into a vehicle or instrumentality of public transportation that is occupied by one or more persons

Answer 144

2707(a): Propulsion of missiles into an occupied vehicle or onto a roadway (occupied vehicles)

M.1

Question 145

• knowingly, intentionally or recklessly
• discharges a firearm from any location into an occupied structure

Answer 145

2707.1: Discharge of a firearm into an occupied structure

F.3

Occupied Structure= Any structure, vehicle or place adapted for overnight accommodation of persons or for carrying on business therein, whether or not a person is actually present

Question 146

-person other than a duly constituted officer of the law uses or directs the use of tear or noxious gas against any person involved in a labor dispute

Answer 146

2708: Use of tear or noxious gas in labor dispute

M.1

**tear or noxious gas” means any liquid or gaseous substance that, when dispersed in the atmosphere, blinds the eyes with tears or irritates or injures other organs and tissues of the human body or causes nausea, including, but not limited to, red pepper spray

Question 147

A caretaker:

• intentionally, knowingly, recklessly causes B.I. or S.B.I. by failing to provide treatment, care, goods, or services neccessary to preserve the health, safety, or welfare of a care dependent person (for whom they are responsible for)
• intentionally or knowingly uses physical or chemical restraint, medication, or isolates a care dependent person, contrary to law/regulation, such that B.I. or S.B.I. results

Answer 147

2713: Neglect of a care dependent person

M.1= if BODILY INJURY results

F.1= if SERIOUS BODILY INJURY results

Question 148

-without lawful authority to do so, intentionally, knowingly or recklessly possesses or manufactures a weapon of mass destruction

Answer 148

2716: Weapons of mass destruction (unlawful possession or manufacture)

F.2= first offense

F.1= second or subsequent offense

Question 149

-without lawful authority to do so, intentionally, knowingly or recklessly sells, purchases, transports or causes another to transport, delivers or causes to be delivered or uses a weapon of mass destruction and if such action
causes any of the following:

1. Illness or injury to another individual
2. Damage to or disruption of a water or food supply or public natural resources, including waterways, State forests and parks, surface water, groundwater and wildlife
3. Evacuation of a building, place of assembly or facility of public transportation

Answer 149

2716(b): Weapons of Mass Destruction (use)

F.1

**if result in death, penalty is life imprionment

**shall be sentenced to pay restitution for cost of evacuation, response of police, fire ect…

Question 150

-with malicious intention toward the race, color, religion
or national origin of another individual or
group of individuals:

-commits an offense under any other provision of this article or under Chapter 33 (relating to arson, criminal mischief and other property destruction) exclusive of section 3307 (relating to institutional vandalism) or
under section 3503 (relating to criminal trespass) with respect to such individual or his or her property or with respect to one or more members of such group or to their property

Answer 150

2710: Ethnic Intimidation
- shall be classified as a misdemeanor of the third degree if the other offense is classified as a summary offense. Otherwise, an offense under this section shall be classified one degree higher in the classification specified in section 106 (relating to classes of offenses) than the classification of the other offense

malicious intention= the intention to commit any act, the commission of which is a necessary element of any offense referred to in subsection (a) motivated by hatred toward the race, color, religion or national origin of another individual or group of individuals

Question 151

To convey a message w/o intent of legitimate communication or address by oral, nonverbal, written, or electronic means, including telephone, electronic mail, internet, facsimilie, wireless communication, or similar transmission

Answer 151

“Communicates”

(2709.1- Stalking)

Question 152

A pattern of actions composed of more than one act over a period of time, however short, evidencing a continuity of conduct. Includes lewd, lascivious, threatening, or obscene words, language, drawings, caricatures or actions, either in person or anonymously. Acts occuring in more than one jurisdiction may be used as evidence of a “continuing pattern of conduct.”

Answer 152

“Course of Conduct”

(2709.1- Stalking)