Criminal Law Flashcards
dangerous weapon
any gas, liquid, or other substance or instrumentality that, in the manner used, is calculated or likely to produce death or great bodily harm
specific intent
offender actively desired the prescribed criminal consequences to follow his act or omission
general intent
offender must have known that the prescribed criminal consequences were reasonably certain to result from act or omission
criminal negligence
such disregard of the interest of others that defendant’s conduct amounts to a gross deviation below the standard of care expected to be maintained by a reasonably careful person under like circumstances
principal
- commit criminal act,
- aid and abet in its commission, or
- counsel or procure another to commit the crime
Only those who knowingly participate are principals.
accessory after the fact
any person who:
- after the commission of a felony by another, harbors, conceals, or aids the other,
- with actual or constructive knowledge of the felony and
- intent to help the other avoid punishment
Criminal conspiracy
- Agreement or combination of two or more persons for the specific purpose of committing any crime
- Overt act in furtherance of conspiracy by one or more parties
Attempt
act or omission done, with the specific intent to commit a crime, for the purpose of and tending directly toward the accomplishing of the crime
inciting a felony
endeavor by one or more persons to incite or procure another person to commit a felony
Defendant only guilty if person solicited ignores his request
if person commits crime, then solicitor is a party to the crime committed
if person agrees but does not commit crime, both are guilty of conspiracy
solicitation for murder
- intentional
- solicitation by one person of another person
- to commit or cause to be committed a first or second degree murder
homicide (definition and types)
killing of a human being by the act, procurement, or culpable omission of another
- first degree murder
- second degree murder
- manslaughter
- negligent homicide
- vehicular homicide
first degree murder
- specific intent to kill or cause great bodily harm, and
- enumerated felony
- kidnapping: agg and 2nd degree
- agg escape
- agg arson
- rape: agg or forcible
- agg burglary
- robbery: armed, 1st/2nd degree, or simple
- assault by drive-by shooting
- cruelty to juveniles
- terrorism
OR: specific intent to kill or cause GBH plus an aggravating circumstance:
- specific intent to kill or inflict great bodily harm on two or more victims
- specific intent to kill or inflict great bodily harm on fireman or police officer
- victim is under 12 or over 65
- engaged in distribution or purchase of drugs
- engaged in ritualistic acts
- no-contact order bt perp and victim
- V or family member was witness of crime
- offered, given, or received anything of value for killing
second degree murder
- specific intent to kill or cause great bodily harm
- death caused by unlawful distribution and V’s ingestion of CDS
- death occurred during enumerated felony
- rape: agg or forcible
- agg arson
- agg burglary
- kidnapping: agg or 2nd degree
- agg escape
- assault by drive-by shooting
- robbery: armed, 1st/2nd degree, or simple
- cruelty to juveniles
manslaughter
- intentional murder but committed in sudden passion or heat of blood immediately caused by provocation sufficient to deprive an average person of his self-control and cool reflection
- unintentional homicide when: (a) engaged in unenumerated felony; (b) engaged in intentional misdemeanor against the person; or (c) is resisting lawful arrest in a way that is not inherently dangerous and killing would not be first or second degree murder
negligent homicide
killing of a human being by:
- criminal negligence, or
- by a dog or other animal when the owner is reckless and criminally negligent
- not if service dog
- not if victim is intruder
vehicular homicide
killing of a person by:
- offender operating a motor vehicle, aircraft, watercraft, or other means of conveyance
- under the influence of alcohol or CDS
vehicular negligent injuring
injuring of a person by:
- offender operating a motor vehicle, aircraft, watercraft, or other means of conveyance
- under the influence of alcohol or CDS
first degree if defendant inflicts serious bodily injury on victim
battery
- intentional use of force or violence upon another, or
2. the intentional administration of a poison or other noxious liquid or substance to another
simple battery
battery committed without the consent of the victim
- intentional use of force or violence upon person of another
- without consent
aggravated battery
battery with a dangerous weapon
- intentional use of force or violence upon the person of another
- force or violence inflicted with a dangerous weapon
- dangerous weapon was an instrumentality used in a manner likely or calculated to cause death or great bodily harm
second degree battery
battery + intentional serious bodily injury
- intentional use of force or violence upon the person of another
- intent to inflict serious bodily injury
serious bodily injury
- unconsciousness
- extreme physical pain
- protracted and obvious disfigurement
- protracted loss or impairment of the function of a limb, organ, or mental faculty
- substantial risk of death
aggravated second degree battery
battery with a dangerous weapon and serious bodily injury
- intentional use of force or violence upon the person of another
- with a dangerous weapon
- intent to inflict serious bodily injury
assault
- attempt to commit a battery, or
2. intentional placing of another in reasonable apprehension of receiving a battery
simple assault
assault committed without a dangerous weapon
aggravated assault
assault committed with a dangerous weapon
aggravated assault with a firearm
assault committed with a firearm
assault by drive-by shooting
- assault committed with a firearm
- when the offender uses a motor vehicle to facilitate the assault
- intent to kill, cause harm, or frighten another person
stalking
intentional and repeated following or harassing of another that would cause a reasonable person to feel alarmed or to suffer emotional distress
harassing- repeated and uninvited verbal and nonverbal communications by telephone, emails, mail, third party, etc.
cyberstalking
any electronic communications intended to threaten, terrify, or harass another
simple kidnapping
- intentional and forcible seizing and carrying of any person from one place to another
- intentional taking of a child under 14 for unlawful purpose and without consent of parent
- intentional taking of person lawfully committed to institution w/o consent of proper authority
- intentional taking and removing a child from the state with intent to defeat jurisdiction
second degree kidnapping
forcible seizing and carrying, or enticing or persuading, of any person to go from one place to another, or imprisoning and forcible secreting of any person
when victim is:
- used as shield or hostage
- used to facilitate commission of or flight from felony
- physically injured or sexually abused
- imprisoned or kidnapped for over 72 hours
- imprisoned or kidnapped when offender is armed with a dangerous weapon or leads victim to reasonably believe he is armed w/ dangerous weapon
aggravated kidnapping
- forcible seizing and carrying person from one place to another, persuading to go from one place to another, or forcibly secreting any person
- intent to force victim or some other person to give up anything of value
- in order to secure release of person under offender’s control
false imprisonment
- intentional confinement or detention of another
- without consent
- without proper legal authority
false imprisonment with dangerous weapon
unlawful intentional confinement of another while armed with dangerous weapon
human trafficking
- recruiting, harboring, transporting, or soliciting a person
- to provide services or labor
- through fraud, force, or coercion
theft
- misappropriation or taking
- of anything of value
- belonging to another
- without consent
- with intent to permanently deprive
simple robbery
- taking of anything of value
- belonging to another
- from the person of another or immediate control of another
- by use of force or intimidation
armed robbery
- taking of anything of value
- belonging to another
- from the person of another or from immediate control of another
- by use of force or intimidation
- while armed with a dangerous weapon
first degree robbery
- taking of anything of value
- belonging to another
- from the person of another or from the immediate control of another
- by force or intimidation
- when offender leads victim to reasonably believe he is armed with dangerous weapon
second degree robbery
- taking of anything of value
- belonging to another
- from person of another or from immediate control of another
- by force or intimidation
- offender intentionally inflicts serious bodily injury
carjacking
- intentional taking of a motor vehicle
- belonging to another person
- in the presence of that person, a passenger, or any other person in lawful possession of MV
- by force or intimidation
extortion
- communication of threats to another
2. intent to obtain anything of value, advantage, immunity
simple burglary
- unauthorized entering
- of any dwelling or other structure, vehicle, watercraft, or cemetery
- intent to commit a felony or theft therein
aggravated burglary
- unauthorized entering
- of any inhabited dwelling, OR a structure, watercraft, or movable where a person is present
- intent to commit a felony or theft therein
- offender is either:
- armed with a dangerous weapon,
- becomes armed with a dangerous weapon after entering, or
- commits a battery upon any person while entering, in, or leaving
unauthorized entry of inhabited dwelling
- intentional unauthorized entry
2. of any inhabited dwelling or structure used as a home
unauthorized entry of place of business
- intentional unauthorized entry
- of any structure or premises belonging to another used as a business
- that is completely enclosed by a 6 foot barrier
home invasion
- unauthorized entry of inhabited dwelling or other structure used as a home
- when a person is present
- specific intent to use force or violence against the person, or to vandalize, deface, or damage property
simple arson
- intentional damaging by any explosive substance or setting fire to any property of another, without consent, OR
- unintentional starting of a fire or causing an explosion while offender is engaged in a felony
aggravated arson
- intentional damaging by explosion or fire of any structure or movable
- foreseeable that human life might be endangered
*if someone is injured, it is called injury by arson
simple criminal damage to property
- intentional damaging of property of another
- without consent
- by any means other than fire or explosion
aggravated criminal damage to property
- intentional damage of structure, watercraft, or movable
- by any means other than fire or explosion
- foreseeable that human life might be endangered
criminal trespass
- entering or remaining
- immovable or movable property
- owned by another
- without express, legal, or implied authorization
unauthorized entry of critical infrastructure
- intentional unauthorized entry
2. completely enclosed by barrier
possession of stolen things
- intentional possession
- of anything of value
- which has been the subject of robbery or theft
- when offender knew or had good reason to believe thing was stolen
affirmative defense if accused reports to DA within 72 hours
obstruction of justice
any of the following acts committed with knowledge that it has, reasonably may, or will affect an actual or potential present, past, or future criminal proceeding:
- tampering with evidence
- using or threatening force or retaliating in relation to testimony
- inducing or persuading false testimony, withholding of testimony, or to not testify
resisting an officer
intentional interference with or resisting lawful arrest
*if force or violence - more serious offense
flight from an officer
- failure to bring vehicle or boat to stop
- after visual and audible signal
- when officer has probable cause
*aggravated- if human life endangered
illegal carrying of weapons
- intentional concealment of any firearm
2. use or possession of DW while committing crime of violence or while unlawfully in possession of CDS
possession of firearm or carrying concealed weapon by felon
unlawful for a person who has been convicted of a crime of violence or an enumerated felony, or an attempt to commit such an offense, to possess a firearm or carry a concealed weapon
- Also applies to: simple burglary, burglary of inhabited dwelling, unauthorized entry of inhabited dwelling, illegal use of weapons, certain drug offenses, and sex offenses
- Does not apply after 10 years
illegally supplying a felon with a firearm
intentional giving, selling, donating, providing, lending, delivering, or otherwise transferring a firearm to any person known by the offender to be a person convicted of a felony and prohibited by law from possessing a firearm
operating a vehicle while intoxicated
- operating any motor vehicle, aircraft, watercraft, vessel
- when:
- under the influence of alcohol
- BAC = over .08
- under the influence of CDS
- under the influence of lawful drugs in excessive dose (affirmative defense)
- under the influence of alcohol and lawful drugs (unless package did not warn against combo)
reckless operation of a vehicle
- operation of a motor vehicle, aircraft, vessel
2. in a criminally negligent or reckless manner
hit and run driving
- driver involved in or causes an accident
2. intentionally fails to stop his vehicle at the accident scene, give his identity, or render reasonable aid
possession of controlled dangerous substance (and PWID)
unlawful to knowingly or intentionally manufacture, distribute, use, or possess CDS
PWID: possession with intent to produce, manufacture, distribute, or dispense CDS
Defenses
- infancy
- insanity
- intoxication
- mistake
- duress
- justification
- justifiable homicide
- use of nonlethal force
- law enforcement
- defense of others
infancy
defendant is less than 10 years old
insanity
defendant is incapable of distinguishing between right and wrong because of mental disease or defect
intoxication
involuntary: defense if intoxicant was direct cause of crime
voluntary: defense only if intoxicant precluded specific intent or special knowledge element of crime
otherwise immaterial
mistake of fact
reasonable mistake of fact that precludes mental element is a defense
unless provided otherwise in a statute
mistake of law
ignore of the law is no defense
UNLESS: defendant reasonably relied on act of repeal by legislature, or judgment of Supreme Court that law was unconstitutional
justifiable homicide (4 scenarios)
- self defense
- to prevent a felony
- shoot the burglar
- shoot the intruder
justifiable homicide: self defense
- defendant in imminent danger
- of receiving great bodily harm
- killing necessary to save self
justifiable homicide: prevent felony
- force used to prevent violent or forcible felony involving great bodily harm
- defendant had reasonable belief that offense was imminent
- defendant had reasonable belief that force was necessary to prevent
justifiable homicide: shoot the burglar
- defendant used force against person in dwelling, business, or car
- person was committing burglary or robbery
- person was reasonably likely to use unlawful force vs. an occupant
justifiable homicide: shoot the intruder
- defendant used force against person unlawfully in or attempting to get in dwelling, business, or car
- defendant was lawfully inside
- defendant reasonably believed deadly force necessary to prevent entry or compel intruder to leave
use of nonlethal force
- defendant used force to prevent forcible offense or trespass against property in a person’s lawful possession
- force reasonable and apparently necessary to prevent offense
- defendant lawfully in dwelling, etc. vs. person attempting entry and defendant reasonably believes force necessary to prevent entry or compel to leave
