Crimes Code Pg 566-600 Flashcards
2717 Terrorism
Intimidate or coerce civilian population, influence policy of government by intimidation or coercion, affect conduct of government
Grading Misdemeanor or felony 3, offense under this classified one degree higher than classification of the violent offense specified in section 106
2901 Kidnapping
unlawfully removes another a substantial distance under the circumstances from the place found, unlawfully confines another for period in isolation.
Felony 1
2902 unlawful restraint
M1 holds another in condition of involuntary servitude, restrains another unlawfully in circumstances exposing him to risk of SBI
**if the offender is victims parent and they are under 18 it is Felony 2
2903 False Imprisonment
Felony 2 if not the victims parent and they are under 18
M2, restrains another unlawfully so as to interfere substantially with his liberty
2904 interference with custody of children
taking a juvenile from another knowingly or recklessly, when not lawful to do so, from lawful guardian/parent.
Felony 3
M2 if acting in good faith, not in excess of 24 hrs
2905 interference with custody of committed persons
M2 if he takes or entices any committed person away from lawful custody when he is not privileged to do so.
2906 criminal coercion
with intent to unlawfully restrict freedom of action of another to the detriment of the other he threatens to commit any criminal offense, accuse anyone of criminal offense, expose secrets. M2.. unless the threat is to commit a felony or intent of the actor is felonious, M1.
2907 disposition of ransom
Felony 3
person other than family receives, retains, disposes any money or property of another knowing that said property or money constitutes a ransom derived from an offense under this chapter
2908 Missing children
duties of LEO to report missing children immediately upon receipt of the report regardless of age.
enter into Missing persons file through CLEAN
2909 concealment of wheareabouts of a child
person who removes a child from their known place of residence with intent to conceal childs location from parents, Felony 3
2910 luring a child into motor vehicle
lures or attempts to lure a child into motor vehicle , or structure, without consent of guardian, guilty of M1. if child is under 13, Felony 2
3011 trafficking in individuals
Felony 2 if : recruits, entices, solicits, harbors, transports an individual if the person knows or recklessly disregards that the said person would be subject to involuntary servitude. Felony 1 if minor and sexual servitude
3012 Involuntary servitude
Felony 1
labor servitude or sexual servitude
through coercion, threats, physical restraint
3013 patronizing a victim of sexual servitude
Felony 2 if person engages in any sex act with someone knowing they are victim of human trafficking
3014 unlawful conduct involving documents
felony 3
to prevent or restrict or attempt to prevent the ability of an individual to move or travel, the person removes or destroys passports, immigration documents, government IDs or any documents of individuals
3015 nonpayment of wages
M3 if owed to person less than $2,000
F3 if amount is equal or greater than $2,000
3016 obstruction of justice
individual will be charged with the same offense for which the person has been charged for ( that they are obstructing law enforcement duties for)
obstruction of LEO operations on felony graded crime = Felony charge
3018 evidence and defense to human trafficking
specific instance for past sexual conduct of victim of human trafficking - will not be admissible in prosecution
victims age in sexual servitude, evidence of defendants lack of knowledge of a persons age, is not defense for a violation in this chapter involving the sexual servitude of a minor.
3019 victim protection during prosecution
courts cant disclose the identity of the victim of human trafficking to public.
diversionary programs will be considered for people charged with violating a trespassing, loitering, obstruction of highway or Disorder charge where it was a direct result of being a victim of human trafficking.. if violation was first offense.
3020 restitution
restitution for victim considered for :
period of time victim trafficked, the value of victims time during the period of involuntary servitude as guaranteed under minimum wage laws, gross income or value to the defendant of the services of the victim, if the victim was promised an amount, return of property to the victim
3022 professional licenses
professional license of a licensee who in the course of violation of this chapter permits the employment of a human trafficking victim will be suspended for a minimum of one year
3051 civil causes of action
victims of human trafficking may bring civil action against any person participating in it.
3102 mistake as to age
if the child is below 14, it is no defense that the person didn’t know the age of the child or reasonably believed the child to be the age of 14 or older.
3105 prompt complaint
prompt reporting to authorities is not required in prosecution under this chapter, however nothing will be construed to prohibit a defendant from introducing evidence of the complainants failure to promptly report the crime if such evidence would be admissible pursuant to the rules of evidence.
3106 testimony of complainants
the testimony in this chapter need not be corroborated in prosecutions under this chapter. no instructions shall be given cautioning the jury to view the complainants testimony in any other way than that in which all complainants testimony is viewed.
3107 resistance not required
the alleged victim need not resist the actor in prosecutions under this chapter provided however that nothing in this section shall be construed to prohibit a defendant from introducing evidence that the alleged victim consented to the conduct in question
3121 rape
Felony 1
sexual intercourse, forcible compulsion or threat
* persons will be sentenced to an additional term not exceed ten year confinement and additional amount not to exceed 100k where the person engages in sex intercourse with a complainant.
rape of child - F1… if SBI and under 13
3122 statutory sex assault
Felony 2
sex intercourse with a complainant who is not married and under 16, when the doer is four years older but less than 8 years older/ eight years older but less than 11 years older than compl.
FELONY 1 when that person is 11 or more years older than victim
3123 involuntary deviate sexual intercourse
Felony 1.
3124 sexual assault
F2
3124 institutional sexual assault
a person who is employee or agent of commonwealth, or detention facility or mental health facility, commits Felony 3 if engages in sexual intercourse with inmate
3124 sexual assault by sports official, volunteer or employee of nonprofit association
Felony 3, who serves as sports official (or coach) engaging in sex conduct or indecent contact with child under 18 yrs
3125 aggravated indecent assault
penetration however slight of genitals or anus, or any part of the persons body for any purpose other than good faith.
Felony 1 if theyre under 13, Felony 2 otherwise
3126 indecent assault
causing victim to come into contact with feces, urine, seminal fluid - for sexual desire - M2
if under 13, M1
3127 indecent exposure
genitals in public place
M2, unless the actor knows that the witnesses present are under 16, M1
3129 sexual intercourse with animal
M2
3130 conduct relating to sex offenders
person commits F3 if they have reason to believe the sex offender is not complying with their probation or parole requirements.
3131 unlawful dissemination of intimate image
disseminates visual depiction of person
only defense is if they had consent from the person
M1 if the person is a minor, M2 if not a minor
3205 informed consent
no abortion shall be performed without voluntary informed Consent of woman.(24 hrs prior to procedure)
3206 parental consent
if under 18 doctor must get consent (if case of incest, must have mothers approval)
if parents or guardians not available, or do not consent, the courts decide if pregnant juvenile mature enough for decision
3207 abortion facilities
every 30 days facilities must update changes to commonwealth -info contained are filed pursuant to subsection by facilities which receive state funds during 12 month calendar year. $500 fine
3208 printed information regarding abortions
dept shall cause to be published in english, spanish, vietnamese, within 60 days, materials assisting women (medical benefits prenatal care, hotlines,adoption agencies, services)
3212 Infanticide
a) status of fetus- it wont be construed that any fetus born after attempted abortion is “ not a person”
b) all doctors required to give good care, anyone who violates will be guilty of Felony 3rd degree.. obligations of doctors to report to Juvenile court
3213 prohibited acts ( abortion)
must determine the woman is actually pregnant prior to abortion procedure - or M2.
NO Referral fees for abortions - M1
no medical personnel obligated to participate in abortions if do not want to - anyone forced two fined $5,000
3214 reporting ( abortions)
report of each abortion made– but do not include the womans name
must have, county, state in which she resides
if she was married and if spouse knows
doctor considered their treating doctor if woman treated with him/her 60 days prior to abortion and if death
3215 publicly owned facilities, public officials and funds
no funds will be expended unless it is because of rape, incest
3216 fetal experimentation
F3
3217 civil penalties
any doctor who knowingly violates, in addition to other penalties, be civilly liable to his patient for damages, and pay $5000
3218 criminal penalties
no criminal penalty applies to a woman who violates any provision in this chapter solely in order to perform or induce abortion herself. (M3) if makes a written false statement which such person does not believe to be true
