Criminal Law Flashcards
Dangerous Weapon
anything which in the manner used is calculated or likely to cause death or great bodily harm
General Intent
offender is aware that criminal consequences are reasonably certain to result from act or omission
Specific Intent
offender actively desired criminal consequences as a result from act or omission
Criminal Negligence
gross deviation below the standard of care maintained by a reasonably careful person under like circumstances
Principal
(a) commits the criminal act, OR
(b) aids and abets, counsels, or procures another to commit a criminal act, whether at the scene or not
Accessory After the Fact
through FIKH and thin, I’d help you hide the body <3
(1) after a Felony
(2) person harbors, conceals or aids the felon (Helps)
(3) with actual or constructive Knowledge of the felony
(4) with Intent to help the felon avoid punishment
1st Degree Murder
specific intent + death during felony or other aggravating circumstances exist
first degree murder includes the killing of a human being when the offender has the specific intent to kill or inflict great bodily harm, and is engaged in the perpetration or attempted perpetration of an enumerated felony or other aggravating circumstances exist
2nd Degree Murder
specific intent to kill/GBH OR felony OR ingestion of CDS
second degree murder includes the killing of a human being when the offender either has the specific intent to kill or cause great bodily harm or the death occurs during the perpetration of an enumerated felony or by ingestion of a controlled dangerous substance
Aggravating Circumstances for 1st Degree Murder
(a) specific intent to kill 2+ victims
(b) death of fireman/law officer
(c) murder for hire
(d) victim under 12 or over 65
(e) perpetrator engaged in drug distribution or purchase
(f) perpetrator engaged in ritualistic acts
(g) no contact order
(h) victim or family member is a witness (intimidation/getting rid of witnesses)
(i) prior killing with specific intent to kill/cause great bodily harm
Transferred Intent
When a person has specific intent to kill or inflict great bodily harm on a person but kills or harms another by mistake or inadvertence, he is responsible for the resulting death under the doctrine of transferred intent
Enumerated Felonies for 1st and 2nd Degree Murder
(a) kidnapping (aggravated or 2nd degree)
(b) aggravated escape
(c) aggravated arson
(d) rape (aggravated or forcible)
(e) aggravated burglary
(f) robbery (armed, 1st/2nd degree, simple)
(g) assault by drive-by shooting
(h) cruelty to juveniles
(i) terrorism* (only 1st degree murder)
Aggravated Escape
the intentional departure of a person from any place where such person is legally confined when his departure is under circumstances where human life is endangered
Trespass
entry on/remaining in place after being forbidden
(includes trespass by drone with intent to survey)
Criminal Trespass
entering/remaining in place in/on a movable or immovable, owned by another, without express, legal, or implied authorization
(need ownership and don’t need prohibition)
ex: forcing entrance into a building that has a “Private” sign
Theft
the misappropriation or taking of
anything of value
which belongs to another
without consent (or by fraud) and
with intent to permanently deprive
Theft of a Motor Vehicle
the misappropriation or taking of
a motor vehicle
which belongs to another
without consent, and
with intent to permanently deprive
Theft of Goods
the misappropriation or taking of
goods
which belongs to a merchant or seller
without consent, and
with intent to permanently deprive
*intent is presumed when theft is from merchant
Possession of a Firearm by a Felon
it is unlawful for a person convicted of a felony crime of violence (or other enumerated felony, such as possession of a controlled substance) or attempted felony crime of violence to possess a firearm
*Exception for those felons who’ve been released for at least 10 years
Resisting an Officer
(a) resisting an officer: intentional interference with or resistance to lawful arrest when offender knows or has reason to know the officer is acting in his official capacity
(b) resisting an officer with force or violence: intentional interference with or resistance to lawful arrest by force or violence
*does not apply to plainclothes officers
Criminal Conspiracy
agreement of 2+ persons for the specific purpose of committing any crime, AND
an overt act in furtherance of the plan to commit the crime
Reckless Operation of a Vehicle
operation of any motor vehicle, aircraft, vessel, or other means of conveyance in a
criminally negligent or reckless manner
Aggravated Assault on a Peace Officer with a Firearm
aggravated assault: attempt to commit a battery or the intentional placing of another in reasonable apprehension of receiving a battery with a dangerous weapon
dangerous weapon = firearm (but does not need to be discharged)
peace officer = must be acting within the scope of his duties
ex: brandishing a gun at a police officer
Criminal Damage to Property
(1) Simple
(2) Aggravated
(3) Other
Simple Criminal Damage to Property
(1) intentional damage to property without consent
(2) other than by fire or explosion
Aggravated Criminal Damage to Property
(1) intentional damage to a structure/movable
(2) other than by fire or explosion
(3) where it is foreseeable that human life might be endangered
Other Types of Criminal Damage to Property
(a) damage to a coin operated device
(b) damage to a pipeline facility
(c) damage to GMOs/facilities
(d) damage with intent to defraud
(e) contamination of water supplies
(f) defacing with graffiti
Aggravated Burglary
unauthorized entry of any structure
where a person was actually present
with the intent to commit a felony or theft
when the offender is armed with a dangerous weapon OR when the offender commits a battery therein
Simple Kidnapping
forceable seizing and carrying of a person from one place to another without consent
Aggravated Kidnapping
forcibly seizing and carrying from one place to another OR persuading one to go from one place to another OR forcibly hiding someone
AND
to force someone to give up something of value
in order to secure their release
Second Degree Kidnapping
forcibly seizing and carrying from one place to another OR persuading one to go from one place to another OR forcibly hiding someone
AND
when victim is one of the following:
(a) used as a hostage/shield
(b) used to facilitate felony/flight from felony
(c) injured or sexually abused
(d) imprisoned for 72+ hours
(e) perpetrator has/suggests he has a dangerous weapon
Aggravated Kidnapping of a Child
taking/enticing/removing child under age 13 from an area
for an unlawful purpose
by someone not family
with intent to hide child from family
