Chapters 17-28 Flashcards

1
Q

(a) A person commits the offense of communicating a death threat concerning a school employee or student if:
(1) The person communicates to any other person a threat to cause the ___ of a school employee or student

A

death

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2
Q

(a) A person commits the offense of communicating a death threat concerning a school employee or student if:
(2) The threat involves the use of a ___

A

firearm or other deadly weapon

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3
Q

(a) A person commits the offense of communicating a death threat concerning a school employee or student if:
(3) A ___ would believe the person making the threat intends to carry out the threat

A

reasonable person

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4
Q

(a) A person commits the offense of communicating a death threat concerning a school employee or student if:
(4) The person making the threat ___ engaged in conduct that constitutes a substantial step in a course of conduct intended to culminate in the commission of the threatened act

A

purposely

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5
Q

(a) A person commits the offense of communicating a death threat concerning a school employee or student if:
(5) There is a close temporal relationship between the ___ and the substantial step.

A

threatened act

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6
Q

Classification: Communicating a death threat concerning a school employee or student.

A

D felony

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7
Q

Classification: Bigamy

A

A misdemeanor

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8
Q

(a) A person commits ___ if the person, being sixteen (16) years of age or older, purports to marry, has sexual intercourse with, or engages in deviate sexual activity with another person sixteen (16) years of age or older whom the actor knows to be:
(1) An ancestor or a descendant;
(2) A stepchild or adopted child;
(3) A brother or sister of the whole or half blood;
(4) An uncle, aunt, nephew, or niece; or
(5) A stepgrandchild or adopted grandchild.
(b) A relationship referred to in this section includes a blood relationship without regard to legitimacy.

A

incest

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9
Q

Classification: Incest

A

C felony

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10
Q

Classification: Concealing birth

A

D felony

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11
Q

(a) A person commits ___ if:
(1) With the purpose of causing serious physical injury to a family or household member, the person causes serious physical injury to a family or household member by means of a deadly weapon

A

domestic battering in the first degree

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12
Q

(a) A person commits ___ if: (2) With the purpose of seriously and permanently disfiguring a family or household member or of destroying, amputating, or permanently disabling a member or organ of a family or household member’s body, the person causes such an injury to a family or household member

A

domestic battering in the first degree

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13
Q

(a) A person commits ___ if: (3) The person causes serious physical injury to a family or household member under circumstances manifesting extreme indifference to the value of human life

A

domestic battering in the first degree

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14
Q

(a) A person commits ___ if: (4) The person knowingly causes serious physical injury to a family or household member he or she knows to be sixty (60) years of age or older or twelve (12) years of age or younger

A

domestic battering in the first degree

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15
Q

(a) A person commits ___ if: (5) The person:
(A) Commits any act of domestic battering as defined in § 5-26-304 or § 5-26-305; and
(B) For conduct that occurred within the ten (10) years preceding the commission of the current offense, the person has on two (2) previous occasions been convicted of any act of battery against a family or household member as defined by the laws of this state or by the equivalent laws of any other state or foreign jurisdiction

A

domestic battering in the first degree

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16
Q

(a) A person commits ___ if: (6) With the purpose of causing physical injury to a family or household member, the person causes physical injury to a family or household member by means of a firearm

A

domestic battering in the first degree

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17
Q

(a) A person commits ___ if: (7) The person knowingly causes serious physical injury to a family or household member who is four (4) years of age or younger under circumstances manifesting extreme indifference to the value of human life

A

domestic battering in the first degree

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18
Q

Classification: (2) With the purpose of seriously and permanently disfiguring a family or household member or of destroying, amputating, or permanently disabling a member or organ of a family or household member’s body, the person causes such an injury to a family or household member.

A

domestic battering in the first degree (Y felony)

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19
Q

Classification: (7) The person knowingly causes serious physical injury to a family or household member who is four (4) years of age or younger under circumstances manifesting extreme indifference to the value of human life.

A

domestic battering in the first degree (Y felony)

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20
Q

(a) A person commits ___ if:
(1) With the purpose of causing physical injury to a family or household member, the person causes serious physical injury to a family or household member

A

domestic battering in the second degree

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21
Q

(a) A person commits ___ if: (2) With the purpose of causing physical injury to a family or household member, the person causes physical injury to a family or household member by means of a deadly weapon

A

domestic battering in the second degree

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22
Q

(a) A person commits ___ if: (3) The person recklessly causes serious physical injury to a family or household member by means of a deadly weapon

A

domestic battering in the second degree

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23
Q

(a) A person commits ___ if: (4) The person knowingly causes physical injury to a family or household member he or she knows to be sixty (60) years of age or older or twelve (12) years of age or younger

A

domestic battering in the second degree

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24
Q

Classification: domestic battering in the second degree

A

(b) (1) Domestic battering in the second degree is a Class C felony.
(2) However, domestic battering in the second degree is a Class B felony if:

(A) Committed against a woman the person knew or should have known was pregnant;

(B) The person committed one (1) or more of the following offenses within five (5) years of the offense of domestic battering in the second degree:

(i) Domestic battering in the first degree, § 5-26-303;
(ii) Domestic battering in the second degree;
(iii) Domestic battering in the third degree, § 5-26-305; or
(iv) A violation of an equivalent penal law of this state or of another state or foreign jurisdiction; or

(C) The person committed two (2) or more offenses of battery against a family or household member as defined by a law of this state or by an equivalent law of any other state or foreign jurisdiction within ten (10) years of the offense of domestic battering in the second degree.

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25
Q

(a) A person commits ___ if:
(1) With the purpose of causing physical injury to a family or household member, the person causes physical injury to a family or household member

A

domestic battering in the third degree

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26
Q

(a) A person commits ___ if: (2) The person recklessly causes physical injury to a family or household member

A

domestic battering in the third degree

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27
Q

(a) A person commits ___ if: (3) The person negligently causes physical injury to a family or household member by means of a deadly weapon

A

domestic battering in the third degree

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28
Q

(a) A person commits ___ if: (4) The person purposely causes stupor, unconsciousness, or physical or mental impairment or injury to a family or household member by administering to the family or household member, without the family or household member’s consent, any drug or other substance.

A

domestic battering in the third degree

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29
Q

Classification: domestic battering in the third degree

A

b) (1) Domestic battering in the third degree is a Class A misdemeanor.
(2) However, domestic battering in the third degree is a Class D felony if:

(A) Committed against a woman the person knew or should have known was pregnant;

(B) The person committed one (1) or more of the following offenses within five (5) years of the offense of domestic battering in the third degree:

(i) Domestic battering in the first degree, § 5-26-303;
(ii) Domestic battering in the second degree, § 5-26-304;
(iii) Domestic battering in the third degree;
(iv) Aggravated assault on a family or household member, § 5-26-306; or
(v) A violation of an equivalent penal law of this state or of another state or foreign jurisdiction; or

(C) The person committed two (2) or more offenses of battery against a family or household member as defined by a law of this state or by an equivalent law of any other state or foreign jurisdiction within ten (10) years of the offense of domestic battering in the second degree.

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30
Q

(a) A person commits ___ if, under circumstances manifesting extreme indifference to the value of human life, the person purposely: (1) Engages in conduct that creates a substantial danger of death or serious physical injury to a family or household member

A

aggravated assault on a family or household member

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31
Q

(a) A person commits ___ if, under circumstances manifesting extreme indifference to the value of human life, the person purposely: (2) Displays a firearm in a manner that creates a substantial danger of death or serious physical injury to a family or household member

A

aggravated assault on a family or household member

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32
Q

(a) A person commits ___ if, under circumstances manifesting extreme indifference to the value of human life, the person purposely: (3) Impedes or prevents the respiration of a family or household member or the circulation of a family or household member’s blood by applying pressure on the throat or neck or by blocking the nose or mouth of a family or household member.

A

aggravated assault on a family or household member

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33
Q

Classification: aggravated assault on a family or household member

A

D felony

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34
Q

a) A person commits ___ if the person recklessly engages in conduct that creates a substantial risk of death or serious physical injury to a family or household member.

A

first degree assault on a family or household member

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35
Q

Classification: first degree assault on a family or household member

A

A misdemeanor

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36
Q

(a) A person commits ___ if the person recklessly engages in conduct that creates a substantial risk of physical injury to a family or household member.

A

second degree assault on a family or household member

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37
Q

Classification: second degree assault on a family or household member

A

B misdemeanor

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38
Q

(a) A person commits ___ if the person purposely creates apprehension of imminent physical injury to a family or household member.

A

third degree assault on a family or household member

39
Q

Classification: third degree assault on a family or household member

A

C misdemeanor

40
Q

A woman is considered pregnant ___ weeks after conception.

A

4

41
Q

(a) A person commits the offense of ___ if, being eighteen (18) years of age or older, with the purpose to harass, frighten, intimidate, threaten, or abuse another person, the actor distributes an image, picture, video, or voice or audio recording of the other person to a third person by any means if the image, picture, video, or voice or audio recording:
(1) Is of a sexual nature or depicts the other person in a state of nudity; and
(2) The other person is a family or household member of the actor or another person with whom the actor is in a current or former dating relationship.

A

unlawful distribution of sexual images or recordings

42
Q

Classification: unlawful distribution of sexual images or recordings

A

A misdemeanor

43
Q

(1) A person commits the offense of ___ if, knowing that he or she has no lawful right to do so, he or she takes, entices, or keeps any minor from any person entitled by a court decree or order to the right of visitation with the minor.
(2) A person claiming ___ shall provide a copy of the signed court order or decree regarding custody or visitation rights to a law enforcement officer as proof of the ___.

A

interference with visitation, interference with visitation, interference with visitation

44
Q

Classification: interference with visitation

A

(1) Interference with visitation is a Class C misdemeanor.
(2) However, interference with visitation is a:
(A) Class D felony for any offense if the minor is taken, enticed, or kept outside of the State of Arkansas; or
(B) Class A misdemeanor for a third or subsequent offense.

45
Q

(a) A person commits the offense of ___ if the person:
(1) Knowing that he or she has no lawful right to do so, takes, entices, or keeps any minor from any person entitled by a court decree or order to the right of custody of the minor

A

interference with court-ordered custody

46
Q

(a) A person commits the offense of ___ if the person: (2) Without lawful authority, knowingly or recklessly takes or entices, or aids, abets, hires, or otherwise procures another person to take or entice, any minor or any incompetent person from the custody of:
(A) The parent of the minor or incompetent person;
(B) The guardian of the minor or incompetent person;
(C) A public agency having lawful charge of the minor or incompetent person;
(D) Any other lawful custodian; or
(E) A person described in subdivisions (a)(2)(A), (B), or (D) of this section while the custodian and minor are being housed at a shelter as defined in § 9-4-102;

A

interference with court-ordered custody

47
Q

(a) A person commits the offense of ___ if the person: (3) (A) Has been awarded custody or granted an adoption or guardianship of a juvenile pursuant to or arising out of a dependency-neglect action pursuant to the Arkansas Juvenile Code of 1989, § 9-27-301 et seq., and subsequently places the juvenile in the care or supervision of any person:
(i) From whom the juvenile was removed; or
(ii) The court has specifically ordered not to have care, supervision, or custody of the juvenile.
(B) Subdivision (a)(3)(A) of this section shall not be construed to prohibit a placement described in subdivision (a)(3)(A) of this section if the person who has been granted custody, adoption, or guardianship obtains a court order to that effect from the juvenile division of circuit court that made the award of custody, adoption, or guardianship

A

interference with court-ordered custody

48
Q

(a) A person commits the offense of ___ if the person: (4) Accepts or acquiesces in taking physical custody for any length of time of a juvenile who was removed from the person or if the court has specifically ordered that the person not have care, supervision, or custody of the juvenile pursuant to or arising out of a dependency-neglect action pursuant to the Arkansas Juvenile Code of 1989, § 9-27-301 et seq.

A

interference with court-ordered custody

49
Q

(a) A person commits the offense of ___ if without lawful authority he or she knowingly takes, entices, or keeps, or aids, abets, hires, or otherwise procures another person to take, entice, or keep any minor from the custody of:
(1) The parent of the minor including an unmarried woman having legal custody of an illegitimate child under § 9-10-113

A

interference with custody

50
Q

(a) A person commits the offense of ___ if without lawful authority he or she knowingly takes, entices, or keeps, or aids, abets, hires, or otherwise procures another person to take, entice, or keep any minor from the custody of: (2) The guardian of the minor

A

interference with custody

51
Q

(a) A person commits the offense of ___ if without lawful authority he or she knowingly takes, entices, or keeps, or aids, abets, hires, or otherwise procures another person to take, entice, or keep any minor from the custody of: (3) A public agency having lawful charge of the minor

A

interference with custody

52
Q

(a) A person commits the offense of ___ if without lawful authority he or she knowingly takes, entices, or keeps, or aids, abets, hires, or otherwise procures another person to take, entice, or keep any minor from the custody of: (4) Any other lawful custodian

A

interference with custody

53
Q

(a) A person commits the offense of ___ if, being a parent, guardian, person legally charged with care or custody of an incompetent person, or a person charged with supervision of an incompetent person, he or she purposely:
(1) Engages in conduct creating a substantial risk of death or serious physical injury to an incompetent person

A

endangering the welfare of an incompetent person in the first degree

54
Q

(a) A person commits the offense of ___ if, being a parent, guardian, person legally charged with care or custody of an incompetent person, or a person charged with supervision of an incompetent person, he or she purposely: (2) Deserts the incompetent person under circumstances creating a substantial risk of death or serious physical injury.

A

endangering the welfare of an incompetent person in the first degree

55
Q

Classification: endangering the welfare of an incompetent person in the first degree

A

D felony

56
Q

(1) A person commits the offense of ___ if he or she knowingly engages in conduct creating a substantial risk of serious harm to the physical or mental welfare of a person known by the actor to be an incompetent person.
(2) As used in this section, “serious harm to the physical or mental welfare of a person” means physical or mental injury that causes:
(A) Protracted disfigurement;
(B) Protracted impairment of physical or mental health; or
(C) Loss or protracted impairment of the function of any bodily member or organ.

A

endangering the welfare of an incompetent person in the second degree

57
Q

endangering the welfare of an incompetent person in the second degree

A

A misdemeanor

58
Q

(1) A person commits the offense of ___ if the person recklessly engages in conduct creating a substantial risk of serious harm to the physical or mental welfare of a person known by the actor to be an incompetent person.
(2) As used in this section, “serious harm to the physical or mental welfare of a person” means physical or mental injury that causes:
(A) Protracted disfigurement;
(B) Protracted impairment of physical or mental health; or
(C) Loss or protracted impairment of the function of any bodily member or organ.

A

endangering the welfare of an incompetent person in the third degree

59
Q

Classification: endangering the welfare of an incompetent person in the third degree

A

B misdemeanor

60
Q

(a) A person commits the offense of ___ if, being a parent, guardian, person legally charged with care or custody of a minor, or a person charged with supervision of a minor, he or she purposely:
(1) Engages in conduct creating a substantial risk of death or serious physical injury to a minor

A

endangering the welfare of a minor in the first degree

61
Q

(a) A person commits the offense of ___ if, being a parent, guardian, person legally charged with care or custody of a minor, or a person charged with supervision of a minor, he or she purposely: (2) Deserts a minor less than ten (10) years old under circumstances creating a substantial risk of death or serious physical injury.

A

endangering the welfare of a minor in the first degree

62
Q

Classification: endangering the welfare of a minor in the first degree

A

D felony

63
Q

(1) A person commits the offense of ___ if he or she knowingly engages in conduct creating a substantial risk of serious harm to the physical or mental welfare of another person known by the person to be a minor.
(2) As used in this section, “serious harm to the physical or mental welfare” means physical or mental injury that causes:
(A) Protracted disfigurement;
(B) Protracted impairment of physical or mental health; or
(C) Loss or protracted impairment of the function of any bodily member or organ.

A

endangering the welfare of a minor in the second degree

64
Q

Classification: endangering the welfare of a minor in the second degree

A

A misdemeanor

65
Q

(1) A person commits the offense of ___ if the person recklessly engages in conduct creating a substantial risk of serious harm to the physical or mental welfare of a person known by the actor to be a minor.
(2) As used in this section, “serious harm to the physical or mental welfare” means physical or mental injury that causes:
(A) Protracted disfigurement;
(B) Protracted impairment of physical or mental health; or
(C) Loss or protracted impairment of the function of any bodily member or organ.

A

endangering the welfare of a minor in the third degree

66
Q

Classification: endangering the welfare of a minor in the third degree

A

B misdemeanor

67
Q

(a) A person commits the offense of ___ if, being an adult, the person knowingly aids, causes, or encourages a minor to:
(1) Do any ___ by law;
(2) Do any act that if done by an adult would render the adult subject to a prosecution for an offense punishable by imprisonment;
(3) Habitually absent himself or herself, without good or sufficient cause, from the minor’s home without the consent of the minor’s parent, stepparent, foster parent, guardian, or other lawful custodian;
(4) Habitually absent himself or herself from school when required by law to attend school; or
(5) Habitually disobey a reasonable and lawful command of the minor’s parent, stepparent, foster parent, guardian, or other lawful custodian.

A

contributing to the delinquency of a minor, act prohibited

68
Q

Classification: contributing to the delinquency of a minor

A

A misdemeanor

69
Q

(a) A person commits the offense of ___ if, being a parent, guardian, or person legally charged with the care or custody of a minor, he or she recklessly fails to take action to prevent the abuse of a minor.

A

permitting abuse of a minor

70
Q

Classification: permitting abuse of a minor

A

Permitting abuse of a minor is a:
(1) Class B felony if the abuse of the minor:
(A) Consisted of sexual intercourse;
(B) Consisted of deviate sexual activity; or
(C) Caused serious physical injury or death to the minor; or
(2) Class D felony if the abuse of the minor:
(A) Consisted of sexual contact; or
(B) Caused physical injury to the minor.

71
Q

Classification: (a) It is unlawful for a parent or person standing in loco parentis to a minor to grossly neglect a parental duty to the minor if the gross neglect:

(1) Proximately results in the delinquency of the minor; or
(2) Fails to correct the delinquency of the minor.

A

Upon conviction, a person who violates this section is guilty of a violation and shall be punished by a fine not to exceed two hundred fifty dollars ($250).

72
Q

Classification: (a) It is unlawful for any person to:

(1) Solicit money or property from another person the person knows or should have reason to know is an incompetent person or is a person with diminished mental capacity; and
(2) Cause that incompetent person or person with diminished mental capacity to voluntarily surrender money or property in order to profit or secure gain by taking unfair advantage of the person’s incompetency or diminished mental capacity.

A

D felony

73
Q

(1) Any adult who, with the intent to manufacture methamphetamine, ___ causes or permits a child to be exposed to, ingest, inhale, or have any contact with a chemical substance or methamphetamine is guilty of a Class ___.
(2) Any adult who violates subdivision (b)(1) of this section is guilty of a Class ___ if a child suffers physical injury or serious physical injury because of the violation.

A

knowingly, C felony, B felony

74
Q

(a) Any person who employs, uses, persuades, induces, entices, or coerces any child to engage in or who has a child assist any other person to engage in any sexually explicit conduct for the purpose of producing any visual or print medium depicting the sexually explicit conduct is guilty of a:
(1) Class ___ for the first offense; and
(2) Class ___ for a subsequent offense.

A

B felony, A felony

75
Q

(b) Any parent, legal guardian, or person having custody or control of a child who knowingly permits the child to engage in or to assist any other person to engage in sexually explicit conduct for the purpose of producing any visual or print medium depicting the sexually explicit conduct is guilty of a:
(1) Class ___ for the first offense; and
(2) Class ___ for a subsequent offense.

A

B felony, A felony

76
Q

5-27-304. Pandering or possessing visual or print medium depicting sexually explicit conduct involving a child- (a) With knowledge of the character of the visual or print medium involved, no person shall do any of the following:

(1) ___ advertise for sale or distribution, sell, distribute, transport, ship, exhibit, display, or receive for the purpose of sale or distribution any visual or print medium depicting a child participating or engaging in sexually explicit conduct; or
(2) ___ solicit, receive, purchase, exchange, possess, view, distribute, or control any visual or print medium depicting a child participating or engaging in sexually explicit conduct.
(b) Any person who violates subdivisions (a)(1) or (2) of this section is guilty of a:
(1) Class ___ for the first offense; and
(2) Class ___ for a subsequent offense.

A

Knowingly, Knowingly, C felony, B felony

77
Q

(a)  A person commits the offense of ___ if the person transports, finances in whole or part the transportation of, or otherwise causes or facilitates the movement of any minor, and the actor:
(1)  Knows or has reason to know that prostitution or sexually explicit conduct involving the minor will be commercially exploited by any person;  and
(2)  Acts with the purpose that the minor will engage in:

(A) Prostitution;  or

(B) Sexually explicit conduct.

A

transportation of a minor for prohibited sexual conduct

78
Q

Classification: transportation of a minor for prohibited sexual conduct

A

A felony

79
Q

(a) As used in this section, “disseminates” means to allow to view, expose, furnish, present, sell, or otherwise distribute.
(b) A person commits ___ if he or she knowingly disseminates to a child thirteen (13) years of age or younger with or without consideration a visual or print medium depicting sexually explicit conduct with the purpose to entice, induce, or groom the child thirteen (13) years of age or younger to engage in the following with a person:
(1) Sexual intercourse;
(2) Sexually explicit conduct; or
(3) Deviate sexual activity.

A

sexually grooming a child

80
Q

Classification: sexually grooming a child

A

(1) Class D felony if the actor is twenty-one (21) years of age or older; or
(2) Class A misdemeanor if the actor is younger than twenty-one (21) years of age.

81
Q

5-27-402 - Employing or consenting to the use of a child in a sexual performance- (a) It is unlawful for any person, knowing the character and content of the performance, to employ, authorize, or induce a child under ___ years of age to engage in a sexual performance.

(b) It is also unlawful for a parent or legal guardian or custodian of a child under ___ years of age to consent to the participation by the child in a sexual performance.
(c) Any person violating this section is guilty of a:
(1) Class ___ for the first offense; and
(2) Class ___ for a subsequent offense.

A

seventeen (17), seventeen (17), C felony, B felony

82
Q

5-27-403. Producing, directing, or promoting a sexual performance by a child- (a) It is unlawful for a person, knowing the character and content of the material, to produce, direct, or promote a performance that includes sexual conduct by a child under ___ years of age.

(b) A person who violates this section upon conviction is guilty of a Class ___.

A

eighteen (18), B felony

83
Q

(a) A person commits ___ if the person knowingly:
(1) Receives for the purpose of selling or knowingly sells, procures, manufactures, gives, provides, lends, trades, mails, delivers, transfers, publishes, distributes, circulates, disseminates, presents, exhibits, advertises, offers, or agrees to offer through any means, including the internet, any photograph, film, videotape, computer program or file, video game, or any other reproduction or reconstruction that depicts a child or incorporates the image of a child engaging in sexually explicit conduct

A

distributing, possessing, or viewing of matter depicting sexually explicit conduct involving a child

84
Q

(a) A person commits ___ if the person knowingly: (2) Possesses or views through any means, including on the internet, any photograph, film, videotape, computer program or file, computer-generated image, video game, or any other reproduction that depicts a child or incorporates the image of a child engaging in sexually explicit conduct.

A

distributing, possessing, or viewing of matter depicting sexually explicit conduct involving a child

85
Q

Classification: distributing, possessing, or viewing of matter depicting sexually explicit conduct involving a child

A

(1) Class C felony for the first offense; and
(2) Class B felony for any subsequent offense.

It is an affirmative defense to a prosecution under this section that the defendant in good faith reasonably believed that the person depicted in the matter was seventeen (17) years of age or older.

86
Q

(a)  A person commits ___ if the person knowingly:
(1)  Compiles, enters into, or transmits by means of computer, makes, prints, publishes, or reproduces by other computerized means, knowingly causes or allows to be entered into or transmitted by means of computer or buys, sells, receives, exchanges, or disseminates any notice, statement, or advertisement or any child’s name, telephone number, place of residence, physical characteristics, or other descriptive or identifying information for purposes of facilitating, encouraging, offering, or soliciting sexually explicit conduct of or with any child or another individual believed by the person to be a child, or the visual depiction of the conduct

A

computer child pornography

87
Q

(a) A person commits ___ if the person knowingly: (2) Utilizes a computer online service, Internet service, or local bulletin board service to seduce, solicit, lure, or entice or attempt to seduce, solicit, lure, or entice a child or another individual believed by the person to be a child, to engage in sexually explicit conduct.

A

computer child pornography

88
Q

Classification: computer child pornography

A

B felony

89
Q

(a) A person commits ___ if the person:
(1) Is the owner, operator, or employee of a computer online service, Internet service, or bulletin board service; and
(2) Knowingly fails to notify a law enforcement official that a subscriber is using the computer online service, Internet service, or bulletin board service to commit a violation of § 5-27-603.

A

failure to report computer child pornography

90
Q

Classification: failure to report computer child pornography

A

A misdemeanor

91
Q

(a) (1) A person commits ___ if the person:
(A) Causes or permits a child to engage in sexually explicit conduct; and
(B) Knows, has reason to know, or intends that the prohibited conduct may be:
(i) Photographed;
(ii) Filmed;
(iii) Reproduced;
(iv) Reconstructed in any manner, including on the Internet; or
(v) Part of an exhibition or performance.

A

computer exploitation of a child in the first degree

92
Q

(1) A person commits ___ if the person:
(A) Photographs or films a child engaged in sexually explicit conduct; or
(B) Uses any device, including a computer, to reproduce or reconstruct the image of a child engaged in sexually explicit conduct.

A

computer exploitation of a child in the second degree

93
Q

Classification: computer exploitation of a child in the first degree

A

(A) Class B felony for the first offense; and

(B) Class A felony for a subsequent offense.

94
Q

Classification: computer exploitation of a child in the second degree

A

Computer exploitation of a child in the second degree is a Class C felony.