Criminal Code Article III

Question 1

Involves the use of threats to force another to do something

Answer 1

Extortion

Question 2

Extortion elements of the crime

Answer 2

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

Question 3

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

Answer 3

yes its now criminal extortion

Question 4

Aggravated Extortion Elements of the crime

Answer 4

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

Question 5

Reckless endangerment elements of the crime

Answer 5

1. Recklessly
2. created substantial risk or SBI
3. to another person

Question 6

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

Answer 6

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

Question 7

Kidnapping

Answer 7

1. is the taking of a person from one place to another

Question 8

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

Answer 8

1. The reason for the kidnapping
2. and if the victim was injured

Question 9

False imprisonment involves what

Answer 9

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

Question 10

1st degree kidnapping

Answer 10

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

Question 11

How many parts of 1st degree kidnapping are there?

Answer 11

3

Question 12

What are the 3 parts to 1st degree kidnapping

Answer 12

1. Forcibly
2. Enticement
3. Imprisonment

Question 13

1st degree kidnapping (forcibly)

Answer 13

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

Question 14

1st degree kidnapping (Enticement)

Answer 14

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

Question 15

1st degree kidnapping (imprisonment)

Answer 15

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

Question 16

What are the two parts of 2nd degree kidnapping?

Answer 16

1. 2nd degree kidnapping’
2. child kidnapping

Question 17

2nd Degree kidnapping

Answer 17

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

Question 18

Child kidnapping

Answer 18

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

Question 19

Is intoxication a defense for second degree kidnapping

Answer 19

no
because the mental element to provide is knowingly

Question 20

False imprisonment two parts

Answer 20

1. class 2 misdemeanor
2. class 5 felony

Question 21

False imprisonment class 2 misdemeanor

Answer 21

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

Question 22

False imprisonment class 5 felony

Answer 22

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

Question 23

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

Answer 23

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

Question 24

Violation of Custody

Answer 24

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

Question 25

Violation of Custody Order

Answer 25

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

Question 26

What is the defense for violation of custody order

Answer 26

1.necessary to preserve child’s welfare
2. instigated by child over 14

Question 27

T/F Violation of a custody order is only valid if the order is from the state

Answer 27

True

Question 28

Enticement of a Child

Answer 28

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 **

Question 29

Does the child need to be aware of the enticement?

Answer 29

No

Question 30

Internet Luring of a child

Answer 30

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

Question 31

Is there a defense to internet luring that a meeting did not occur

Answer 31

No

Question 32

Menacing

Answer 32

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.