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Session 31 > Crimes Against The Person - 16-5 > Flashcards

Crimes Against The Person - 16-5 Flashcards

1
Q

§ 16-5-1 (Murder)

A

> Unlawfully and with malice aforethought, causes the death of another human being

> Express or implied

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2
Q

§ 16-5-1 (Murder)

Define express murder?

A

> deliberate intention unlawfully to take the life of another human being

> Manifested by external circumstances

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3
Q

§ 16-5-1 (Murder)

Define implied murder?

A

> Where no considerable provocation appears

> show a abandoned and malignant heart

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4
Q

§ 16-5-1 (Murder)

Define murder in the second?

A

> When in the commission of cruelty to children in the second degree

> Causes death of another human being being irrespective of malice

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5
Q

§ 16-5-2 (Voluntary Manslaughter)

A

> Death of another human being due to sudden, violent, and irresistible passion

> Resulting from provocation sufficent to excite passion

> No time for the voice of reason and humanity to be heard

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6
Q

§ 16-5-3 (Involuntary Manslaughter) (Felony)

A

> Unlawful act other than a felony without the intention to do so

> Punishable by imprisonment for not less than one year nor more than ten years

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7
Q

§ 16-5-3 (Involuntary Manslaughter) (Misdemeanor)

A

> Lawful act in an unlawful manner when he causes the death of another human being without intention to do so

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8
Q

§ 16-5-3.1 (Aggravated Involuntary Manslaughter)

A

> Causes the fentanyl overdose death of another human being

> Without intent to cause the death

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9
Q

§ 16-5-4 (Death not have to occur within certain time to be homicide)

A

> The death doesn’t have to occur immediately after the act; it can still be considered homicide even if there’s a time gap of a year and a day.

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10
Q

§ 16-5-5 (Assisted Suicide)

A

> Knowingly and willingly assists such person in the commission of suicide

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11
Q

§ 16-5-5 (Assisted Suicide)

Punishment for this offense?

A

> Imprisionment for not less than one nor more than ten year

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12
Q

§ 16-5-20 (Simple Assault)

A

> Attempts to commit violent injury to another person

> Commits act which places another in reasonable apprehension of immediate violent injury

> Guilty of a misdemeanor

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13
Q

§ 16-5-20 (Aggravated Assault)

A

> Assaults someone with intent to murder, rape, or rob

> Using a deadly weapon, object, or device against a person likely to cause serious bodily harm

> Cause strangulation

> Punishable by imprisonment for not less than one nor more than 20 years

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14
Q

§ 16-5-23 (Simple Battery)

A

> Intentionally makes physical contact of insulting or provoking nature

> Intentionally causes physical harm to another

> Misdemeanor

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15
Q

§ 16-5-23 (Simple Battery)

When is a simple battery high and aggravated misdemeanor?

A

> Simple battery against a utility worker

> Simple battery against employee of a public school system

> Sports Official

> Past or Present spouse, children, parents, living or formerly living in same household

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16
Q

§ 16-5-23.1 (Battery) (M)

A

> Causes substantial physical harm or visible bodily harm to another

> capable of being perceived by a person other than victim

> Guilty of misdemeanor

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17
Q

§ 16-5-23.1 (Battery)

What is the punishment upon the second conviction for battery against the same person?

A

> Imprisionment for not less than 10 days nor more than 12 months

> Fine not exceeding $10,000

18
Q

§ 16-5-23.1 (Battery)

What is the punishment upon the third and subsequent conviction for battery against the same person?

A

> Guilty of a felony

> Imprisionment for not less than one year nor more than five years

19
Q

§ 16-5-24 (Aggravated Battery)

A

> Maliciously causes bodily harm to another

> Depriving another of a member of body, rendering member useless, seriously disfiguring memeber

20
Q

§ 16-5-40 (Kidnapping)

A

> person abducts or steals away another without lawful authority or warrant

> For the offense, slight movement is sufficent if it isolates, makes in commission of another offense, lessens detection, avoiding apprehension

21
Q

§ 16-5-41 (False Imprisonment)

A

> Arrest, cofines, detains such person without legal authority

> Felony

22
Q

§ 16-5-42 (False Imprisonment Under Color of Legal Process)

A

> Arrest, confinement, detention by warrant or process is illegal

> Shows malice or oppression

> Officer knowingly and maliciously executes order

> Felony

23
Q

§ 16-5-43 (Malicious confinement of sane person)

A

> Person maliciously causes confinement of a sane person in a sane asylum

> Felony

24
Q

§ 16-5-44 (Aircraft hijacking)

A

> Person uses threats of:
Use of force
Intimidation
seriously bodily injury
to divert aircraft

> Felony

25
Q

§ 16-5-45 (Interference with custody)

A

> Without lawful authority, knowingly or recklessly takes any child away from individual with lawful custody

> Knowingly harbors child or committed person

> Retains possession of child pass lawful period of visitiation

26
Q

§ 16-5-60 (Reckless Conduct; HIV infected persons)

When is this offense a misdemeanor?

A

> Causes bodily harm or endangers safety of others

> Unjustifiable risk through act or omission

> gross deviation from standards that are reasonable

27
Q

§ 16-5-60 (Reckless Conduct; HIV infected persons)

When is this offense a felony?

A

> Person living with HIV offers or consents to perform for another for money with intent to transmit HIV

> Does not disclose status as having HIV

28
Q

§ 16-5-70 (Cruelty to Children)

What consitute Cruelty to Children in the 1st degree?

A

> Person maliciously causes child under 18 cruel or excessive physical or mental pain

> Felony

29
Q

§ 16-5-70 (Cruelty to Children)

What consitute Cruelty to Children in the 2nd degree?

A

> Person with Criminal negligence causes child under 18 cruel or excessive physical or mental pain

> Felony

30
Q

§ 16-5-70 (Cruelty to Children)

What consitute Cruelty to Children in the 3rd degree?

A

> Person, primary aggressor, intentionally allows child under 18 to see a forcible felony

> Misdemeanor 1st and 2nd offense

31
Q

§ 16-5-72 (Reckless abandonment of a child)

A

> Parent, guardian, supervising person willfully and voluntarily physically abdandons child

> Intent is to sever all parental or custodial duties

> Action results in death of child

> Felony

32
Q

§ 16-5-80 (Feticide)

A

> Person willfully and without legal Jusitication causes death of an unborn child through injury to mother

> Would be murder if results in death of mother or in commission of a felony

> Felony

33
Q

§ 16-5-80 (Feticide)

When will this offense be a voluntary manslaughter?

A

> Person causes the death of an unborn child and acts in sudden, violent, and irresistible passion

> Serious provocation to excite passion in a reasonable person

> Jury will decide if there was a period where voice of reason or humanity could be heard

34
Q

§ 16-5-90 (Stalking)

A

> Person places another under surveillance, or contacts another without consent of that person

> Purpose to harass or intimidate (pattern)

> Causes emotional distress by placing individual in reasonable fear of safety

> 1st offense is misdemeanor
2nd offense is a felony

35
Q

§ 16-5-91 (Aggravated Stalking)

A

> Person is in violation of bond, temporary restraining order…etc

> Contacts another person to harass the other person

> Felony

36
Q

§ 16-5-91 (Expections)

A

> Stalking/Aggravated stalking should not apply to person engaged in activities by the constitution of the USA

> Person lawfully engaged in bonafide business activity, practice of a profession

37
Q

§ 16-5-95 (Violation of family violence order)

A

> Person knowingly and in a nonviolent manner violent terms

38
Q

§ 16-5-101 (Neglect if disabled adults, elder persons, or residents of a long term care facility)

A

> Guardian, supervising other person

> immediate charge, control, custody of disabled person

> willfully deprives necessary substenance

> Health or wellbeing is jeopardized

> Felony

39
Q

§ 16-5-102 (Punishment for any person who exploits, threatens, intimidates, or attempts to intimidate a disabled adult of elder person)

A

> Person knowingly and willfully

> exploits disable person, elderly

> willfully inflicts physical pain, injury, sexual abuse, mental anguish, unreasonable confinement

> Felony

40
Q

§ 16-5-102 (Punishment for any person who exploits, threatens, intimidates, or attempts to intimidate a disabled adult of elder person)

When is this offense a misdemeanor?

A

> Person threatens, intimidates, attempts to intimidate

> elderly person

> Guilty of misdemeanor of a high aggravated nature

41
Q
A

Session 31 (11 decks)

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