Child Endangerment Flashcards
Reckless endangerment of a child (265/13L) elements (two types) :
1)The suspect must have recklessly engaged in conduct that created a substantial risk of serious bodily injury or sexual abuse to a child under 18
2)The suspect recklessly failed to take reasonable steps to prevent a substantial risk of serious bodily injury or sexual abuse to a child under 18 ( Provided that the party had a legal duty to act on behalf of the child)
Reckless Endangerment of a child (265/13L) Right of arrest:
Arrest for breach of the peace in presence
Otherwise complaint.
(Most of the time this offense occurs with other arrestable crimes like domestic violence or sexual assault)
This behavior occurs when a person consciously disregards a substantial and unjustifiable risk that his acts or failure to act will result in serious bodily injury or sexual abuse of a child under 18 is the definition of
Reckless endangerment
(Disregarding the risk must be a gross deviation from reasonable conduct. Remember failure to act may only be the basis for this crime if the suspect had LEGAL DUTY to protect the child)
Results in permanent disfigurement,
protracted loss or impairment of bodily function,limb, organ
substantial risk of death. this is the definition of ?
Serious bodily injury
Definition of Sexual Abuse: (7) crimes
1) Indecent A&B on a child 14 and under
2) Indecent A&B on a person 14 and over
3)Rape
4)Forcible rape of a child 16 and under
5)Statutory rape
6)Assault with intent to rape
7)Assault of a child with intent to rape
Leading police on a car chase with a child in the vehicle can be charged?
Child endangerment, Reckless endangerment of a child.
Is an unsecured child in a car seat reckless endangerment ?
No, negligent yes but does not amount to reckless behavior
(To be reckless an offender must consciously disregard an obvious risk of serious death and injury)
Angry and dangerous _______ may be child endangerment
Behavior
(Examples : Soares vs commonwealth, Party attacked mother who was holding baby then threw chair against a wall that the mother had to avoid. The reckless behavior near the baby created a substantial risk of injury toward the baby)
Not providing proper and timely _______ _______ may be child endangerment
Medical care
(Example: grandmother of child refused to allow daughter to take her baby to hospital after fall
Mother refused to follow proper medical follow up after child recovered from cancer, child died)
Drunken or _________ behavior in front of child may be endangerment
Drugged
(Example : Father was drunk walking on train tracks with his 11 year old helping him balance. Father new substantial risk of injury walking on train tracks while intoxicated with the son)
Permitting a child to consume _______ or _______ may become endangerment
Alcohol / Drugs
(Example: Parents drank with daughter and friends, Next day friend became very ill but parents would not let her seek any medical attention and attempted their own interventions )
Drug distribution in a home is ________ child endangerment
Not
(example: Commonwealth vs Hernandez: Even though children were seen around the house multiple times while an undercover came to purchase heroin. There was no evidence that anyone in the home carried a firearm, any violence occurred at the home,or that any drugs were left in the reach of the children or digested by them)
To charge Child Endangerment by possessing drug paraphernalia the items must be___________ ?
Reachable by the child
(Example: Presence of bloody needles in a diaper bag is not child endangerment because it did not prove the child could access the bag )
Presence of drugs and potential access by child must be _______ and ________ for endangerment
Known and Disregarded
(Example: Comm vs Costa: Dad brought daughter to firehouse for consuming half a suboxone pill. No proof of child endangerment because it was not known how she got the pill and she was being closely monitored by the parents enough to stop her from finishing the whole pill)
Leaving a child alone for a brief amount of time is not endangerment but failing to search for the child after they _____ ________ is
Wanders away
(Example:Comm vs Santos: 3 year old found wandering in a school playground. Mom stated child was downstairs watching tv, which is fine, when mom discovered her missing she searched for 10 minutes then guessed she was at a neighbors. She failed to take reasonable steps to alleviate a substantial risk of serious bodily injury)
An Officer can charge both Child endangerment and _____ ____ _________ ____ to the same defendant
A&B with substantial injury
(Example: Comm vs Garcia: Father struck child on anus with belt that required the child go to emergency room that required surgery, Child endangerment occurred because the defendant purposely disregarded the risk of injury. Just because an injury occurred does not eliminate child endangerment)
The Sex Offender Registry (SORB)(6/178K) was created to :
Counteract the danger of recidivism posed by sex offenders
A person who resides, works or attends an institution of higher learning in Massachusetts and who has been: 1) Convicted or adjudicated delinquent of a sex offense, 2) released from incarceration, parole, probation or DYS or 3) adjudicated a sexually dangerous person (Chapter123A) is known as a ……
Sex offender
A person who has been convicted or adjudicated of a sexually violent offense AND who suffers from a mental abnormality making the person likely to engage in sexual violence. Is the definition of
Sexually Violent Predator (SVP):
Sex offender registration offenses (6/178H) (4):
1) Fail to register
2)Fail to verify their registration information
3)Fail to provide notice of change of address
4)Provide False information
Under 6/178N SO registry will not be used to ______ _____ _______ SO or engage in illegal discrimination or harassment.
Commit a crime against
A sex offender commits a crime if he engages in ______ ______ _____vending.(265/48)
Ice cream truck
Right of arrest for SO registration offense ?
Warrantless Arrest on Probable cause
Right of arrest for Misuse of SO registry information ?
Arrest for breach of peace in presence otherwise complaint.
Right of arrest for SO Ice cream truck vending ?
Warrantless arrest on probable cause
SO violations may be prosecuted and punished in any county where the SO knowingly (4):
1) Failed to register
2) Failed to verify registration
3) Fail to provide a change address
4) Provide false information
Police and public officials who are acting in good faith are not civilly or criminally liable for any ______ __ _______ _________ or for any act under SO law
Dissemination of SO information
An incarcerated SO must register ____ ____ before release
2 days
An out of state SO must register if they have a “Like violation”. SO from outside shall ….(3 options )
1)Register by Mail within 2 days of moving to Commonwealth
2)Notify the board within 2 days of beginning employment here
3)Register within 2 days of attending or transferring into an institute of high education within Massachusetts
Definition of “like violation” pertaining to an SO’s out of state conviction:
To be a like violation the elements of the crime must be the same or nearly the same
When an SO is moving out of the Commonwealth they have __ days before leaving to notify SORB
10 days ( The board will notify the SO of their duty to notify to register with the new jurisdictions and forward a copy of their data to the police there )
When an SO is changing their full time, part time residence or work address they have ____ days to ______ SORB
10
Mail
An SO has _____ days to register by _______ of attending , transferring to or transferring from a Massachusetts institute of higher learning
10
Mail
An SO’s secondary address is where they live for a period of no more then ____ ____ in a calendar year or resides for _____ or more _____ in a month
14 Days
4 days
(The SO must stay overnight at the secondary address)
There must be ______ _______ that the SO has changed their address
Sufficient evidence.
(example: SO was staying with a friend but did probation Officer did not have sufficient evidence to prove length of stay.)
An SO change of address occurs when the moving process is _____ _____
Almost over
(Example: SO was in the process of moving, when a warrant was issued for a prior address which was nearly empty.when a new warrant was issued at a new address it was found that a lot of his items was in the apartment. This was enough to be considered a primary residence )
Risk of re offense low.
No Public dissemination of information identifying the SO. What level SO is this
Level 1
Registration requirements for level 1:(4)
1)Annual verification by MAIL of registry data
2) So who is homeless shall verify their data in writing every 30 days
3) A homeless SO must wear a GPS device from probation
4) Each year SORB will mail a non-fowardable address verification form that must be sign and mailed back within FIVE days
Moderate risk of recidivism
Public availability of registry information. What level SO Is this ?
Level 2
Level 3 risk of re-offense is …..
High
Active public dissemination of registry information
Level 2 and 3 registration mandate:(4)
1) Annual verification by personal appearance at local PD station
2) SORB will Mail a non-fowardable verification form that must be return in PERSON to Local PD within 5 days
3)SO who lives at homeless shelter shall verify registration in person every 30 days at local PD
4) Homeless person must wear a GPS device from probation
A Sexually Violent Predator shall appear ……..
In person at the Police department every 45 days to verify registration data
Neighboring departments shall share SORB information on ……
Level 3 SO’s . (Those departments can disseminate the information to their residents who they’re likely to encounter in surrounding communitites)
Two types of organizations notified of Level 3 sex offender :
1) Notifying schools is mandated. All schools in the community
2) The Chief of Police has discretion to notify public and private organizations.
(Public, Private organizations, day care centers, youth/Rec programs, Elder service organizations and anywhere deemed necessary to protect public safety)
3 Methods of Notification to the public of Level 3 SO:
1) Publish in newspaper or announcement on local TV
2)Posting in local Town/City Hall, Library or other public area
3)A link to SORB on department website
Timetable for dissemination of Level 3 information :
2 Days within receiving the information and after that annually
How often will public be notified for Sexual Violent Predator ?
Every 90 Days
Public will also be notified every time a level 3 sex offender ________ ______
Changes home or work address, enrolls or obtains employment at a higher education institute.
What is the 3 reasons that an SO doesn’t have to register?
1) SORB decision
2)Prosecutor request
3) Judge rules after a delinquency proceeding (Juvenile need not register because risk of re-offense is low)
Termination of registration for SO is _______ ______
20 years
after conviction or release from supervision which ever occurred last
(If an SO persuades the SORB that he has not committed a sex offense within 10 years and does not pose a danger he may he his registration obligation terminated )
If the SO was convicted of two or more Sex offenses, Convicted of a sexually violent crime, being a sexually violent predator or ordered by SORB then party must register for how long ?
Life
Who can request SORB registry information (3):
1) 18 years or older
2) Requires the registry information for his own protection, the protection of a child under age 18 or another person for whom this person has a responsibility, care and custody
3) SIgn a record of inquiry that includes personal information, geographic location and sign a warning about misusing the registry informations
Who can request SORB registry information (3):
1) 18 years or older
2) Requires the registry information for his own protection, the protection of a child under age 18 or another person for whom this person has a responsibility, care and custody
3) SIgn a record of inquiry that includes personal information, geographic location and sign a warning about misusing the registry information
The person making a SO inquiry has three search options:
1) Identify a specific individual be name or provide person information which will be sufficient to ID the SO
2) Inquire if an SO’s live, work or attend an institute of higher learning in within the town or near a specific address (Day cares, businesses , schools etc)
3)Inquire if the SO lives in another town if it is shown that it is reasonable for the parties proctection
If a Leve 2/3 SO is found during an inquiry the police shall disseminate at no cost to the person making the inquiry:(5)
1) The name of SO
2) The address associated with the SO that came up in inquiry
3)The offense and date of the conviction
4)So’s sex, age, race, height, weight, eye and hair color
5) If available a picture of the SO
The Police will not release information identifying the _________ or their relationship to the offender
Victim
Response to the public shall occur within ___ _____ _____ of receiving the request ;
2 business days
Failure to register does not have to be a _________ choice
deliberate
(The defendant just has to know they have a duty to register and fail to do so)
A defendants prior history of __________ is evidence that he knew he was required to do so
registering
The crime of providing false information for their SO registration does not require an _____ __ ______
an intent to deceive
(example: The party provided joking answers on his registration form. He argued the he did not intend to deceive with such joke answers. Court says false information is still false)
A police officer working in conjunction with the SORB may offer ______ _______ into evidence at trial
Registry records
(example; offered in as business record that the defendant did not register)
Cities and towns may not impose _________ on the right of sex offenders to live there
Restrictions
Once the court reclassifies an offender it cannot impose more ______ restrictions
Stringent
SO registration and GPS monitoring are not mandatory for____________ upon commitment to DYS
Juveniles
(The Judge has discretion based on the facts of the case)
Sex offenders cannot be banned from ____ _____
Social media
A second time Open and Gross offender was not considered a _____ _____ ______
Level 2 SO
(example: In order for SORB to classify someone as a Level 2 SO they must show clear and convincing evidence that 1) the risk of re-offense is moderate 2)the offenders dangerousness is moderate 3)a public interest is served by publishing the SO’s information.
According the SJC it is hard to find dangerousness in a NONCONTACT offense )
No person shall engage in ice cream truck vending unless they have a _______ ______
Valid permit
The permit must be displayed and clearly visible on the __________ of any ice-cream truck
Windshield
The annual permit process for Ice cream truck vending must include a uniform application that includes :(3)
1) Fingerprints
2) Photo
3Criminal history check
No permit to sell ice cream will be issued to a ______ ______
Sex offender
Penalty for Failure to have an ice cream truck permit :
Fine of $500
Right of arrest: Complaint
Right of arrest for ice cream vending by a sex offender :
Warrantless arrest on probable cause
Elements for Contributing to the Delinquency of a minor (3):
1) The suspect knowingly caused, induced or encouraged
2) The delinquent (that is criminal ) conduct
3) of a minor (Ages 12-17 not yet 18)
Right of arrest for Contributing to the Delinquency of a minor :
Arrest for breach of the peace in presence but otherwise Complaint
Who has Jurisdiction for the charge of Contributing to the delinquency of a minor ?:
Complaints go to the jurisdiction of the Juvenile court
But the suspect may also be indicted which then superior court would have jurisdiction
Adults must _______ they are contributing to the minors crimes
Know
(Commonwealth vs Garcia demonstrated an adult must know they are contributing to the minors crimes, it is not enough that the adults actions do in fact facilitate the crime)
(Garcia was charged with receiving stolen property from a 15 year old. Even though her being in possession of the stolen items did not prove that she had caused induced or encouraged the minor to steal the items )
The elements for Contributing to court or custody violation of a minor 119/63A (4)
1)The suspect is 19 years of age and older
2)Willfully
3)Aided a child to violate a Juvenile court order or
4)concealed or harbored a child who took flight from the custody of the court,parents,legal guardian,DCF or DYS
Right of arrest for Contributing to court or custody violation of a minor ?
Arrest for breach of the peace in presence
Otherwise complaint
