Criminal Code Article III Flashcards
Involves the use of threats to force another to do something
Extortion
Extortion elements of the crime
- Intent
- Without legal authority
- to induce the threatened person or another
- Against their will,
- made a substantial threat
- do an act or refrain from doing a lawful act
Is it still extortion if a person threatens to report another person’s immigration status to law enforcement to induce the threatened person
yes its now criminal extortion
Aggravated Extortion Elements of the crime
Same as Extortion plus
1. offender threatened to cause the result
2. by means of chemical or biological agents
3. weapons or poison’s
Reckless endangerment elements of the crime
- Recklessly
- created substantial risk or SBI
- to another person
What is the difference between 3rd degree assault and Reckless endangerment
You can’t create 3rd degree assault without creating SBI
Kidnapping
- is the taking of a person from one place to another
What causes the seriousness of the crime of kidnapping depends on what?
- The reason for the kidnapping
- and if the victim was injured
False imprisonment involves what
1.Knowingly
2. confinement without movement
2. BI to the victim increases the penalty
1st degree kidnapping
- movement is for the purpose of
- forcing the victim or others to
- give up something of value or a concession
- to secure the release of the victim
How many parts of 1st degree kidnapping are there?
3
What are the 3 parts to 1st degree kidnapping
- Forcibly
- Enticement
- Imprisonment
1st degree kidnapping (forcibly)
- forcibly seized and carried
- a person from one place to another
- intent to get something of Value or Concession
- in return for the victim
1st degree kidnapping (Enticement)
- enticed or persuaded
- a person to go from one place or another
- intent to get something of value or concession
- in return of the victim
1st degree kidnapping (imprisonment)
- Imprisoned or forcibly secreted
- a person to go from one place or another
- intent to get something of value or concession
- in return of the victim
What are the two parts of 2nd degree kidnapping?
- 2nd degree kidnapping’
- child kidnapping
2nd Degree kidnapping
- Knowingly seized
- Without consent or lawful justification
- AND such movement increases the risk of harm to the person
Child kidnapping
- offender took, enticed, or decoyed
- a child not his own under 18
- a way from parents, or guardian
- with intent to conceal or sell/trade/barter
- such child for consideration
Is intoxication a defense for second degree kidnapping
no
because the mental element to provide is knowingly
False imprisonment two parts
- class 2 misdemeanor
- class 5 felony
False imprisonment class 2 misdemeanor
- KNOWINGLY
- confined or detained
- without legal authority or consent
False imprisonment class 5 felony
- use force or threat of force to confine or detain
- confines or detains person for 12 hours or longer
what is the difference between 2 degree kidnapping and false imprisonment?
There must be movement of the victim for there to be 2nd degree kidnapping
Violation of Custody
- Knowingly
- took or enticed a child under 18
- away from custody or parent or guardian
- knowing offender had no privilege to do so