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Criminal Law > Crimes > Flashcards

Crimes Flashcards

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1
Q

hypo: dead human being. possible crimes

A

murder - 1st degree, 2nd degree
manslaughter
negligent homicide
vehicular homicide

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2
Q

1st degree murder elements

A

(1) killing with specific intent to kill or cause great bodily harm
AND
(2) either
(a) person killed during commission of a felony: eg, aggravated/2nd degree kidnapping, arson, rape, burglary, armed robbery, 1st/2nd robbery, simple robbery
OR
(b) other aggravating circumstances: eg, killing police officer, victim under 12 or over 65, perp engaged in drug distribution or purchase, murder for hire, intent to kill 2 victims, etc

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3
Q

2nd degree murder

A

(1) intent to kill or cause GBH
OR
(2) unintentional killing during the perpetration of another felony –> rape, arson, agg burglary, kidnapping, armed robbery
OR
(3) death caused by ingestion of controlled dangerous substance

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4
Q

intentional manslaughter

A

(1) intentional killing but vic was killed while perp was in HEAT OF BLOOD / sudden passion
(2) that was caused by sufficient provocation

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5
Q

unintentional manslaughter

A

(1) unintentional homicide
(2) while involved in an unenumerated felony
OR
(1) unintentional death while engaged in intentional misdemeanor against a person
OR
(1) death of police officer while in course of arrest

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6
Q

hypo: someone driving car and kills pedestrian

A

negligent homicide

note: evidence of breaking a statute, like speeding or red light, is presumptive evidence of negligence

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7
Q

negligent homicide

A

(1) killing by criminal negligence
where violation of statute is presumptive evidence of negligence
OR
(2) killing because of reckless or negligent animal handling; not if service dog; not if victim was intruder

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8
Q

vehicular homicide

A

death when perpetrator was operating a car, vehicle, boat, plane under the influence of drugs or alcohol

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9
Q

hypo: vehicle kills pedestrian

A

this is negligent homicide – not vehicular homicide.

vehicular homicide ONLY when operator operating under the influence of drugs or alcohol

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10
Q

criminal assistance to suicide

A

advising or encouraging suicide
OR
providing means with knowledge of use

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11
Q

simple battery

A

intentional use of force of violence against the person of another
OR
intentional application of noxious substance
WITHOUT
the consent of the victim

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12
Q

aggravated battery

A

battery with deadly weapon

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13
Q

** second degree battery

A

battery
PLUS
intentional, serious, bodily injury

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14
Q

misc battery list

A

special interest crimes.
battery against:

police officer 
school teacher
referee
correctional officer 
bus operator 
child welfare  worker 
infirm

domestic abuse battery

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15
Q

simple assault

A

either
(1) intent to commit a battery
OR
(2) intentional placing of another in reasonable apprehension of a battery

no dangerous weapon

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16
Q

aggravated assault

A

assault with dangerous weapon

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17
Q
  • aggravated assault with a firearm
A

assault plus use of firearm

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18
Q

hypo: with gun, point at someone, or pull trigger but empty

A

aggravated assault with a firearm

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19
Q

hypo: assault with deadly weapon of some kind

victim is peace officer

A

aggravated assault on peace officer

IF ASSAULT OCCURRED DURING COURSE AND SCOPE OF PEACE OFFICER’S DUTIES

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20
Q

misc assault list

A 
assault by drive by shooting 
agg assault on peace officer with firearm 
agg assault with motor vehicle on peace officer 
use of lazer on police officeir  
assault on  school teacher 
mingling harmful substances 
assault on child welfare worker 
agg assault on utility worker with gun
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21
Q

negligent injuring

A

(1) someone engaged in criminal negligence - gross negligence
(2) and inflicts injury on another
violation of statute is presumptive evidence of negligence

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22
Q

vehicular negligent injurying

A

injuring another when perpetrator was operating a car, vehicle, boat, plane under the influence of drugs or alcohol

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23
Q

1st degree vehicular injury

A

(1) injuring another when perpetrator was operating a car, vehicle, boat, plane under the influence of drugs or alcohol
AND
(2) serious bodily injury results

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24
Q

hypo: officers threatening arrestee to get confession

A

intimidation by officers

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25
Q

hypo: intentional communication of impending harm to cause fear
(bomb threats, etc)

A

terrorizing

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26
Q

hypo: intentional and repeated following or harassing

A

stalking

if caused alarm or distress

private investigators exempt

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27
Q

hypo: use of email to extort, threaten, or harass

A

cyberstalking

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28
Q

hypo: transmission over internet to torment one under 18

A

cyberbullying

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29
Q

hypo: cross burning

A

cross burning crime

when on property o another or public property

with intent to intimidate

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30
Q

rape defined

A

anal, oral or vaginal intercourse

without consent (note consent impossible in PO custody)

slight penetration required

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31
Q

1st degree rape

A

rape
PLUS
(1) victim is under 13 or over 65
(2) victim resists to utmost, overcome by force
(3) prevented from resisting by credible threats of great and immediate GBH, or perp armed by dangerous weapon, or physical/mental infirmity
(4) 2+ offenders participated

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32
Q

hypo: person moved from point A to point B

A

probably a kidnapping

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33
Q

aggravated kidnapping

A

PRE-REQ:

(1) forcible seizing or carrying someone from one place to another OR
(2) persuading person to go from one place to another OR
(3) forcibly secreting any person

PLUS
specific intent to force someone to give up something of value (usually ransom)

in order to secure release

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34
Q
  • 2nd degree kidnapping
A

(1) forcible seizing or carrying someone from one place to another OR
(2) persuading person to go from one place to another OR
(3) forcibly secreting any person

WHEN

(1) victim used as shield or hostage OR
(2) used to facilitate felony or flight from felony OR
(3) victim is sexually abused or injured OR
(4) person imprisoned for 72+ hours OR
(5) imprisoned when perp has or suggests he has dangerous weapon

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35
Q

aggravated kidnapping of child

A

(1) child under 13
(2) taking, enticing, or removing child from location
(3) for unlawful purpose
(4) by perp not parent, grandparent, or guardian
(5) with intent to secret child from parent or guardian

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36
Q

simple kidnapping

A

(1) intentional taking person from one place to another without consent

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37
Q

false imprisonment

A

(1) intentional confinement or detention
(2) of another
(3) without consent
(4) and without proper legal authority

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38
Q

intentional interference with child custody

A

(1) taking of minor by parent
(2) without right of custody
(3) with intent to take child from other parent with right of custody

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39
Q

human trafficking

A

(1) recruiting, transporting or soliciting
(2) a person to provide services
(3) through fraud, force, or coersion

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40
Q

armed robbery

A

(1) taking anything of value
(2) belonging to another
(3) from the person of another OR their immediate control
(4) by use of force or intimidation
(5) while armed w a dangerous weapon

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41
Q

hypo: taking cheetos from the chip rack while pointing gun at cashier

A

not immediate control

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42
Q

first degree robbery

A

(1) taking anything of value
(2) belonging to another
(3) from the person of another OR their immediate control
(4) by use of force or intimidation
BUT
(5) perp has no dangerous weapon – but leads victim to believe he is armed by dangerous weapon

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43
Q

second degree robbery

A

(1) taking anything of value
(2) belonging to another
(3) from the person of another OR their immediate control
AND
(3) perp inflicts serious bodily injury

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44
Q

hypo: while taking wallet from person, perp pushes victim over and his head bleeds

A

second degree robbery

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45
Q

simple robbery

A

(1) taking anything of value
(2) belonging to another
(3) from the person of another OR their immediate control
(4) NOT armed with dangerous weapon

46
Q

carjacking

A

intentional taking o motor vehicle
belonging to another
in presence of person in possession of the vehicle
by use of force orintimidation

47
Q

purse snatching

A 
theft of  anything of value 
within purse or wallet 
from the person of another or their immediate control 
by force intimidation  or snatching 
not armed with dangerous weapon
48
Q

extortion

A

making of threats to another

with intention to obtain anything of value of any advantage

49
Q
  • aggravated burglary
A

(1) unauthorized entering
(2) of inhabited dwelling or structure/movable where person is present
(3) with specific intent to commit felony or theft
(4) when offender is armed OR becomes armed with dangerous weapon, OR commits a battery

50
Q

hypo: is going into walgreens and hopping over pharmacy counter an unauthorized entry

A

maybe. this is the element most discussed/disputed on exam.

51
Q

simple burglary

A

(1) unauthorized entering
(2) of any dwelling, vehicle, other structure, or cemetery
(3) with intent to commit felony or theft

52
Q

hypo: break into inhabited dwelling with intent to commit a felony, no weapon or battery

A

simple burglary of inhabited dwelling

53
Q

other simple burglaries

A
  • of pharmacy (unauthorized entry with intent to commit theft of drug)
  • religious building
  • law enforcement vehicle
  • emergency vehicle
54
Q

unauthorized entry of critical infrastructure

A

(1) intentional entry without authority

(2) when it is completely enclosed by barrier

55
Q

unauthorized entry of inhabited dwelling

A

(1) unauthorized entry

(2) of structure used as home

56
Q

unauthorized entry of place of business

A

(1) unauthorized entry

(2) if completely enclosed by 6 foot barrier

57
Q

unauthorized entry of dwelling during disaster

A

(1) unauthorized entry

(2) unless attempting rescue or refuge

58
Q

hypo: person in the bar, bartender tells him to leave, person refuses

A

may be criminal trespass

59
Q

looting

A

(1) intentional entry
(2) of any immovable or movable
(3) when normal security is not present
(4) because of force majeure or riot
(5) enhanced penalties if state of emergency

60
Q

criminal trespass

A

(1) entering or remaining
(2) in a movable or immovable
(3) owned by another
(4) without express, legal, or implied authorization

BUT OK if police, fire, EMT, or govt agent

61
Q

other criminal tresspass

A
  • entry on or remaining in place after being forbidden
  • trespass by drone WITH INTENT to surveil
  • unlawful use of drone over jail
62
Q

home invasion

A

(1) unauthorized entry
(2) of home
(3) when person present
(4) with specific intent to use force against person or harm property

63
Q

aggravated arson

A

(1) intentional damaging
(2) by explosion or fire
(3) when foreseeable that human life might be danger

64
Q

simple arson

A

(1) intentional damaging
(2) by explosion or fire
(3) of property without consent
OR
unintentional damaging by fire during felony

65
Q

hypo: in course of burglary, burglar knocks over candle and house burns down

A

probably simple arson bc unintentional damaging by fire during felony

66
Q

misc arson

A
  • arson with intent to defraud
  • placing combustible materials near stature = attempted arson
  • manufacture of delayed incendiary device
  • manufacture of incendiary device
  • injury by arson
67
Q

aggravated criminal damage to property

A

(1) intentional damaging
(2) of structure
(3) when foreseeable when human life might be in damage
(4) other than by fire or explosion

68
Q

misc property damage crimes

A
  • to coin operated device
  • to pipeline facility
  • to genetically engineered crop/facilities
  • to property with intent to defraud
  • contaminating water supplies
  • by defacing with graffiti
69
Q

simple criminal damage to property

A

(1) intentional damaging
(2) of property
(3) without consent
(4) other than by fire or explosion

70
Q

hypo: letting air out of someone’s tires

A

criminal mischief:

tampering with property without consent of another with specific intent to interfere with enjoyment or use

71
Q

hypo: calling the fire department on someone

A

criminal mischief:

giving false alarm of fire that results in emergency responders

72
Q

hypo: throwing pen at someone in public place

A

criminal mischief:

throwing missile in public place

73
Q

hypo: false report of crime to officer

A

criminal mischief:

giving false report of crime to officer

74
Q

hypo: remaining in place of business after being told to leave

A

criminal mischief:

75
Q

hypo: discharge of firearm at train

A

criminal mischief:

76
Q

hypo: graffiti on property without conosent

A

criminal mischief:

77
Q

** theft

A

(1) misappropriation or taking
(2) without consent or by means of fraud
(3) of anything of value belonging to another
(4) with specific intent to permanently deprive

78
Q

specific thefts

A
  • livestock
  • utility services
  • petroleum products
  • goods
  • timber
  • firearm
  • business record
  • assets of aged or disabled person
  • identify theft
  • motor vehicle
  • copper from church or graveyard
79
Q

fraud

A

is not elements; its specifically listed crimes.

example: fraud by issuing worthless checks
(1) specific intent to defraud
(2) perp knew there was insufficient funds when issued

many others

80
Q

unauthorized activity

A

kind of theft without intent

(1) intentional taking or use of movable
(2) that belongs to another
(3) without intent or by fraud
(4) WITHOUT intent to permanently deprive

81
Q

unauthorized activity misc

A
  • use of food stamp cards/coupons
  • removal of motor vehicle from garage or shop when payment due
  • unauthorized ordering of goods or services
82
Q

hypo: order a stack of pizzas to your friends house

A

unauthorized activity through ordering of goods

83
Q

possession of stolen goods

A

(1) intentional possessing
(2) of anything of value
(3) which has been the subject of robbery or theft
(4) when knew or should have known that the thing was stolen

if within 72 hours, writes to DA with information of acquisition of stolen thing, then affirmative defense

84
Q

hypo: illegal possession of stolen firearms

A

also a type of possession of stolen goods

85
Q

commercial bribery

A

(1) paying agent without knowledge of principal

(2) with specific intent to influence agent’s actions

86
Q

computer crimes

A
  • offenses against destroying or taking intellectual property
  • computer tampering
  • computer f raud
  • offenses against electronic mail
87
Q

hypo: sale of house when disguising a lien on it

A

disposal of property encumbered by security interest with intent to defeat security interest

88
Q

inchoate crimes general definition

A

something that is a crime in the process of being made

89
Q

attempt

A

(1) specific intent to commit crime
(2) perp does or omits some act
(3) for purpose of and tending directly towards accomplishing object

90
Q

conspiracy

A

(1) agreement or combination
(2) of 2+ persons for specific purpose of committing any crime
(3) an overt act in furtherance

91
Q

hypo: ask someone to kill someone, they say no

A

solicitation for murder

if they say yes, then solicitation + conspiracy

92
Q

inciting a felony

A

(1) inciting or procuring

(2) another person to commit a felony

93
Q

hypo: we are planning to commit a crime, got to walgreens to buy stockings for stocking masks

A

not yet attempted robbery

probably conspiracy has happened though

94
Q

DWI

A

(1) operating any vehicle
(2) with or without drivers license
(3) when under influence of alcohol or controlled dangerous substance

95
Q

hypo: speeding around and bumping things in a car

A

reckless operartion of vehicle

96
Q

hit and run

A

(1) intentional failure to stop and give identity and render aid
(2) at scene of accident

97
Q

disturbing the peace

A
  • fist fight
  • appearing intoxicate
  • using offensive or derisive words in public place

IF would foreseeably disturb or alarm the public

98
Q

firearm offenses

A
  • possession of premises of alcoholic beverage outlet
  • possession by convicted felon
  • supplying known felon with firearm
  • intentional concealment of firearm or other weapon on one’s person
  • possession while committing crime of violence
    possession while possessing controlled dangerous substance
  • possession on campus of school bus
99
Q

resisting officer

A

(1) intentional interference or resisting lawful arrest
(2) resisting officer with force or violence is more serious crime

INCLUDES
crossing police cordon in person or by drone

100
Q

flight from officer

A

(1) failure to bring vehicle or boat to stop
(2) after visual AND audible signal
(3) when officer has probable cause

101
Q

hypo: failure to stop when cop car flashes lights, no sire

A

not flight from officer

102
Q

aggravated flight from officer

A

(1) failure to bring vehicle or boat to stop
(2) after visual AND audible signal
(3) when officer has probable cause
(4) if human life endangered

103
Q

obstruction of justice

A

(1) tampering with evidence
(2) or threatening force or retaliation in relation to testimony
(3) when act has or reasonably might affect potential criminal proceeding
(4) OR persuading not to testify after subpoena

104
Q

accessory after the fact

A

(1) harbors aids or conceals felon
(2) knows or reasonably should known that person committed felony
(3) specific intent to help evade punishment

105
Q

compounding felony

A

(1) getting money from felon

(2) by agreeing to withhold information

106
Q

simple possession

A

possession of controlled dangerous substance

107
Q

possession with intent

A

(1) possession of CDS

(2) with intent to distribute

108
Q

hypo: filming a movie in the theater

A

unauthorized operation of recording device in movie theater

109
Q

hypo: demanding bribes

A

abuse of office by using office to demand something of value

110
Q

hypo: covertly tracking your ex

A

illegal use of tracking device

note: excludes parents and employers

Criminal Law (6 decks)

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