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Unit 2 legals > Crimes against person > Flashcards

Crimes against person Flashcards

1
Q

Public disorderly conduct

A

Misdemeanor/ Summary court

  • The accused was on a public roadway and intoxicated
  • Subject was using obscene or profane language
  • While under the influence, accused discharged a firearm
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2
Q

Driving under the influence

A

Class A, C, or exempt misdemeanor / Summary court (1st) General sessions (2nd)

  • It is unlawful for a person to drive a motor vehicle within this state while under the:
  • Influence of alcohol, drugs, or combination
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3
Q

Murder

A

Felony/ General sessions

  • Unlawful killing of another person
  • With malice aforethought, either express or implied
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4
Q

Voluntary manslaughter

A

A felony/ General sessions

  • Unlawful killing of another person
  • Without malice ( sudden heat of passion and upon adequate provocation)
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5
Q

Involuntary manslaughter

A

F felony/ General sessions

  • Unlawful killing of another person
  • Resulting from criminal negligence
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6
Q

Reckless vehicular homicide

A

E felony/ General sessions

  • Unlawful killing of another person
  • Operation of a vehicle in reckless disregard of the safety of others
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7
Q

Felony DUI

A

D,B felony/ General sessions

  • The actor driving a vehicle under the influence
  • Does an act forbidden by law
  • Act or neglect proximately causes great bodily injury or death
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8
Q

Threatening life, person, or family of a public official or public employee

A

F felony/ General sessions

  • It is illegal to willfully and knowingly threaten the life of another
  • Illegal to deliver a written letter or verbal threat to a public official or public employee
  • A: $5,000 fine and no more than 5 years
  • B: $5,000 fine and no more than 30 days
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9
Q

Attempted murder

A

A felony/ General sessions

  • Person with the intent to kill or attempts to kill another person with malice, commits the offense.
  • Imprisoned no more than 30 years
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10
Q

Assault and battery HAN

A

Felony/ General sessions

  • Causes great bodily injury or the act is accomplished by means likely to produce death or great bodily injury
  • Imprisoned for no more than 20 years
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11
Q

Assault and battery 1st

A

Felony/ General sessions

  • Injures another person, and the act involves non consensual touching or private parts or occurred during the omission of a robbery, burglary, kidnapping or theft.
  • Imprisoned for no more than 10 years
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12
Q

Assault and battery 2nd

A

Felony/ General sessions

  • Moderate bodily injury or injury in the act involving the non consensual touching or private parts
  • Fined no more than $2,500 or imprisoned no more than 5 years.
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13
Q

Assault and battery 3rd

A

Misdemeanor/ summary

  • Unlawfully injures another person or attempts to
  • Fined no more than $500 or imprisoned fo no more than 30 days
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14
Q

Resisting arrest

A

C Misdemeanor/ General sessions

  • A person willingly resist any lawful arrest
  • Imprisonment no more than 1 year or fined of $500- $1,000
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15
Q

Assault on officer while resisting arrest

A

E Felony/ General sessions

  • Knowingly and willingly assaults or beats a LEO
  • Imprisoned for no more than 10 years or fined $1,000- $10,000
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16
Q

Resisting arrest with a deadly weapon

A

E Felony/ General sessions

  • Any person who uses or threatens to use a deadly weapon against an officer
  • Imprisoned 2-10 years
17
Q

Illegal transportation of alcohol liquors

A

Exempt Misdemeanor/ Magistrates

  • Cannot transport alcohol if the seal is broken except in the trunk, luggage compartment or cargo area
  • Fined $100 or 30 days imprisonment
18
Q

Open container of beer/wine in vehicle

A

Exempt Misdemeanor/ Magistrates

  • May not posses an open container of beer or wine in a motor vehicle of any kind
  • Fined $100 or imprisoned no more than 30 days
19
Q

Purchase or possession of beer/wine under 21

A

Exempt Misdemeanor/ Magistrate

  • Any person under 21 must not attempt to purchase or consume beer/wine
  • Fine $100 -$200 or 30 days or both
20
Q

Purchase or possession of liquor by a minor

A

Exempt Misdemeanor/ Magistrate

  • Any person under 21 may not purchase or consume liquor
  • $100-$200 or 30 days or both
21
Q

Kidnapping

A

A Felony/ General sessions

  • Unlawful seize, confine, inveigle, decoy, kidnap, abduct or carry away any person by any means
  • Not to exceed 30 years
22
Q

Criminal sexual conduct 1st

A

Felony/ General sessions

  • Sexual battery with the victim and uses aggression to force victim.
  • 30 years in prison
23
Q

Criminal sexual conduct 2nd

A

Felony/ General sessions

  • Sexual battery with the victim and uses aggravated coercion
  • 20 years in prison
24
Q

Criminal sexual conduct 3rd

A

Felony/ General sessions

  • Sexual battery with the victim and uses force in the absence of aggravating circumstances
  • 10 years in prison
25
Q

Criminal sexual conduct with a minor 1st

A

A,C,D Felony/ General sessions

  • Sexual battery with person under 11 years old
  • 25 years or life in prison
26
Q

Criminal sexual conduct with a minor 2nd

A

-C Felony/ General sessions
Sexual battery with someone 14 years old or younger but at least 11 years old
-20 years in prison

27
Q

Criminal sexual conduct with a minor 3rd

A

Felony/ General sessions

  • Actor is over 14 years of age and the actor committed the act willingly to a person under 16 years of age
  • Cannot be convicted if acts were willful by both parties and the actor is 18 and the victim is at least 14
28
Q

Assault with intent to commit criminal sexual conduct

A

A,C or E Felony/ General sessions

- Intent to commit CSC and an overt act toward commission of the crime

29
Q

Spousal sexual battery

A

E Felony/ General sessions

  • Victim is legal spouse, accomplished through use of aggravated force or threatened to use weapons and must be reported within 30 days
  • Up to 10 years imprisonment
30
Q

Criminal sexual conduct: Legal spouse

A

A or C Felony/ General sessions

  • Victim is legal spouse and actor conducts constitutes CSC 1st or 2nd degree
  • 1st: Up to 30 years
  • 2nd: Up to 20 years
31
Q

Contributing to delinquency of a minor

A

A Misdemeanor/ General sessions

  • Accused was over 18 and willingly an knowingly encouraged, aid or caused or did influence a minor to violate any laws
  • 3 years or $3,000 or both
32
Q

ADA service animals

A
  • Allowed to used dogs and miniature horses

- Persons with disability’s are permitted to use these animals

Unit 2 legals (5 decks)

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