CRIMES CODE DECK 8 Flashcards
Sentence for F1.
Maximum is more then 10 years.
But not more then 20 years.
What are the classes of crimes
- Murder 1. Including unborn child.
- Murder 2.
- Murder 3.
- Felony 1.
- Felony 2.
- Felony 3.
- Misdemeanor 1.
- Misdemeanor 2.
- Misdemeanor 3.
Sentence for an f2.
Sentence maximum is not more then 10 years.
Sentence for an f3.
Sentence maximum is not more then 7 years
Sentence for an M1.
Sentence maximum is not more then 5 years
Sentence for a M2
Sentence maximum is not more then 2 years.
Sentence for a M3
Sentence maximum is not more then 1 year.
A crime declared to be a felony without specification of degree is what
A feeling if the 3rd degree
A crime declared to be a misdeamenor without a specified degree is what
M3
Sentence maximum for a summary.
Sentence max is not more then 90 days
Any offense declared to be a crime without specification of class is a what
Unless the max sentence makes it a what
M2
Unless the sentence makes it a felony
When must the prosecution for CRIMINAL HOMICIDE OF AN UNBORN CHILD be commenced. ( statute of limitations )
At any time
When must the prosecution for AGGRAVATED ASSAULT OF AN UNBORN CHILD be commenced
Within 5 years
For minimum requirements of culpability. To be guilty of a crime a person must act ……..with respect to each offense.
4
- Intentionally
- Knowingly.
- Recklessly.
- Negligently.
The 4 kinds of culpability.
- Intentionally.
- Knowingly.
- Recklessly.
- Negligently.
Intentionally.
Person has a conscious objective to engage in conduct and he is aware of the circumstances.
Knowingly.
Person is aware of his conduct and is certain that his conduct will cause a result.
Recklessly.
Person consciously disregards a substantial and unjustifiable risk.
Negligently.
When the person should be aware of a substantial and unjustifiable risk.
When is a person not an accomplice
- Is he is a victim of the offense.
- The offense is so defined that his conduct is inevitably incident to its commission.
- He terminates his complicity prior to the commission of the offense. AndWholly deprives it of effectiveness in the commission of the crime or
Gives timely warning to law enforcement or attempts to prevent it - He was under duress.
- Consent.
Is voluntary intoxication or voluntary drugged a defense to a crime.
When can they be entered into evidence for court
No.
When it’s relevant to reduce murder from a higher charge to a lower degree of murder.
Is duress a defense to a crime.
Yes.
The actor engaged in a crime because he was coerced to do so by the use or , or threat to use , unlawful force against his person or the person of another.
When is duress not a defense.
If the person recklessly or negligently placed himself in a situation in which it was probably that he would be subjected to duress
Is consent a defense to a crime
When
Yes.
For participation in a lawful contest.
When is consent not a defense.
When the person is legally incapacitated to authorize the conduct charged to constitute the offense.
Criminal attempt.
Any act which constitutes a substantial step toward the commission of a crime.
Criminal solicitation.
Person commands, encourages, or requests another person to engage in specific conduct which would establish a crime.
Criminal conspiracy. - with the intent of promoting or facilitating its commission he ……..
Agrees with another person that they or one or more of them will engage in conduct which constitutes a crime, or an attempt, or solicitation to commit a crime.
Agreed to aid such person
Grading for criminal attempt , criminal solicitation , and criminal conspiracy.
Same grade and degree of the most serious offense which is attempted.
How many incohate crimes may a person be convicted of for same crime.
Only 1
Possession of an instrument of crime.
Grading.
Sentence.
Possess any instrument of crime with the intent to use it criminally.
M1.
Not more then 5 years.
Unlawful body armor.
Grading.
Sentence.
Uses, wears , or has control of body armor during a felony.
F3.
Not more then 7 years.
Prohibited offensive weapons
Grading.
Sentence.
Possesses any offensive weapon.
M1.
Not more then 5 years.
Use or possess electronic incapacitation device.
Grading. If used with the intent to commit a felony.
Sentence.
Grading otherwise.
Sentence.
Uses taser on another person or possesses with intent to use.
F2. Not more then 10 years.
M1. Not more then 5 years.
A person prohibited from possessing a firearm may also not possess what.
An electronic incapacitation device.
Manufacture, distribution , or possession of master keys for a motor vehicle.
Grading.
Sentence.
Any key adapted to fit an ignition , trunk , or door of two or more vehicles.
M1.
Not more then 5 years.
Manufacture , distribution , use or possession of device for theft of telecommunication
Grading 1st offense.
Sentence.
M1.
Not more then 5 years.
Manufacture , distribution , use or possession of device for theft of telecommunication
Grading for 2nd offense and less then 50 devices.
F3.
Not more then 7 years.
Manufacture , distribution , use or possession of device for theft of telecommunication
Grading For 3rd offense and subsequent offenses. And More then 50 devices.
F2
Not more then 10 years
Corrupt organizations.
Grading.
Sentence.
Income received from racketeering.
F1.
NOT MORE THEN 20 years
Possession of a weapon on school property.
Grading.
Sentence.
M1.
Not more then 5 years.
Possession of a firearm or dangerous weapon in court
Grading.
Sentence.
M3.
Not more then 1 year.
Possession of a firearm or dangerous weapon in court - intent to use for a crime.
M1.
Not more then 5 years.
Possession of a firearm or dangerous weapon in court. - permit but forgot to check it in
Grading.
Sentence.
Summary.
Not more then 90 days.
