Criminal Code Article III Flashcards

1
Q

Involves the use of threats to force another to do something

A

Extortion

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Extortion elements of the crime

A
  1. Intent
  2. Without legal authority
  3. to induce the threatened person or another
  4. Against their will,
  5. made a substantial threat
  6. do an act or refrain from doing a lawful act
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Is it still extortion if a person threatens to report another person’s immigration status to law enforcement to induce the threatened person

A

yes its now criminal extortion

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Aggravated Extortion Elements of the crime

A

Same as Extortion plus
1. offender threatened to cause the result
2. by means of chemical or biological agents
3. weapons or poison’s

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Reckless endangerment elements of the crime

A
  1. Recklessly
  2. created substantial risk or SBI
  3. to another person
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is the difference between 3rd degree assault and Reckless endangerment

A

You can’t create 3rd degree assault without creating SBI

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Kidnapping

A
  1. is the taking of a person from one place to another
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What causes the seriousness of the crime of kidnapping depends on what?

A
  1. The reason for the kidnapping
  2. and if the victim was injured
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

False imprisonment involves what

A

1.Knowingly
2. confinement without movement
2. BI to the victim increases the penalty

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

1st degree kidnapping

A
  1. movement is for the purpose of
  2. forcing the victim or others to
  3. give up something of value or a concession
  4. to secure the release of the victim
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

How many parts of 1st degree kidnapping are there?

A

3

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What are the 3 parts to 1st degree kidnapping

A
  1. Forcibly
  2. Enticement
  3. Imprisonment
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

1st degree kidnapping (forcibly)

A
  1. forcibly seized and carried
  2. a person from one place to another
  3. intent to get something of Value or Concession
  4. in return for the victim
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

1st degree kidnapping (Enticement)

A
  1. enticed or persuaded
  2. a person to go from one place or another
  3. intent to get something of value or concession
  4. in return of the victim
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

1st degree kidnapping (imprisonment)

A
  1. Imprisoned or forcibly secreted
  2. a person to go from one place or another
  3. intent to get something of value or concession
  4. in return of the victim
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What are the two parts of 2nd degree kidnapping?

A
  1. 2nd degree kidnapping’
  2. child kidnapping
17
Q

2nd Degree kidnapping

A
  1. Knowingly seized
  2. Without consent or lawful justification
  3. AND such movement increases the risk of harm to the person
18
Q

Child kidnapping

A
  1. offender took, enticed, or decoyed
  2. a child not his own under 18
  3. a way from parents, or guardian
  4. with intent to conceal or sell/trade/barter
  5. such child for consideration
19
Q

Is intoxication a defense for second degree kidnapping

A

no
because the mental element to provide is knowingly

20
Q

False imprisonment two parts

A
  1. class 2 misdemeanor
  2. class 5 felony
21
Q

False imprisonment class 2 misdemeanor

A
  1. KNOWINGLY
  2. confined or detained
  3. without legal authority or consent
22
Q

False imprisonment class 5 felony

A
  1. use force or threat of force to confine or detain
  2. confines or detains person for 12 hours or longer
23
Q

what is the difference between 2 degree kidnapping and false imprisonment?

A

There must be movement of the victim for there to be 2nd degree kidnapping

24
Q

Violation of Custody

A
  1. Knowingly
  2. took or enticed a child under 18
  3. away from custody or parent or guardian
  4. knowing offender had no privilege to do so
25
Violation of Custody Order
1. Offender, violated any order Colorado district or juvenile court 2. Which granted custody of a child under the age of 18 3. to any person, agency, or institution 4. Intent to deprive the lawful custodian of child
26
What is the defense for violation of custody order
1.necessary to preserve child's welfare 2. instigated by child over 14
27
T/F Violation of a custody order is only valid if the order is from the state
True
28
Enticement of a Child
1. persuaded/attempted to persuade 2. child under the age of 15 3. to enter any vehicle/building/room/secluded place 4. Intent to commit sexual assault or unlawful sexual contact upon the child ****
29
Does the child need to be aware of the enticement?
No
30
Internet Luring of a child
1. Knowingly communicates 2. over a computer network, telephone... 3. by text message or instant message 4. to a person offender knows or believes to be under 15 of age 5. in communication the offender describes explicit sexual conduct 6. makes a statement persuading or inviting the person to meet the offender for any purpose 7. the offender is more than 4 years older than the person
31
Is there a defense to internet luring that a meeting did not occur
No
32
Menacing
1. Offender, knowingly placed or attempted to place another; 2. In fear of imminent serious bodily injury; 3. By threat or physical action (Class 3 Misdemeanor) or; 4. By use of a deadly weapon (Class 5 Felony) or; 5. Any article used or fashioned in an manner to cause a reasonable person to believe the article is a deadly weapon; or 6. Offender represents verbally or otherwise he is armed with a deadly weapon.