Criminal Law

Question 1

Dangerous Weapon

Answer 1

anything which in the manner used is calculated or likely to cause death or great bodily harm

Question 2

General Intent

Answer 2

offender is aware that criminal consequences are reasonably certain to result from act or omission

Question 3

Specific Intent

Answer 3

offender actively desired criminal consequences as a result from act or omission

Question 4

Criminal Negligence

Answer 4

gross deviation below the standard of care maintained by a reasonably careful person under like circumstances

Question 4

Principal

Answer 4

(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

Question 5

Accessory After the Fact

Answer 5

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

Question 6

1st Degree Murder

Answer 6

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

Question 7

2nd Degree Murder

Answer 7

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

Question 8

Aggravating Circumstances for 1st Degree Murder

Answer 8

(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

Question 9

Transferred Intent

Answer 9

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

Question 9

Enumerated Felonies for 1st and 2nd Degree Murder

Answer 9

(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)

Question 10

Aggravated Escape

Answer 10

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

Question 11

Trespass

Answer 11

entry on/remaining in place after being forbidden

(includes trespass by drone with intent to survey)

Question 12

Criminal Trespass

Answer 12

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

Question 13

Theft

Answer 13

the misappropriation or taking of

anything of value

which belongs to another

without consent (or by fraud) and

with intent to permanently deprive

Question 14

Theft of a Motor Vehicle

Answer 14

the misappropriation or taking of

a motor vehicle

which belongs to another

without consent, and

with intent to permanently deprive

Question 15

Theft of Goods

Answer 15

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

Question 16

Possession of a Firearm by a Felon

Answer 16

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

Question 17

Resisting an Officer

Answer 17

(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

Question 18

Criminal Conspiracy

Answer 18

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

Question 19

Reckless Operation of a Vehicle

Answer 19

operation of any motor vehicle, aircraft, vessel, or other means of conveyance in a

criminally negligent or reckless manner

Question 20

Aggravated Assault on a Peace Officer with a Firearm

Answer 20

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

Question 21

Criminal Damage to Property

Answer 21

(1) Simple

(2) Aggravated

(3) Other

Question 22

Simple Criminal Damage to Property

Answer 22

(1) intentional damage to property without consent

(2) other than by fire or explosion

Question 23

Aggravated Criminal Damage to Property

Answer 23

(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

Question 24

Other Types of Criminal Damage to Property

Answer 24

(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

Question 25

Aggravated Burglary

Answer 25

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

Question 26

Simple Kidnapping

Answer 26

forceable seizing and carrying of a person from one place to another without consent

Question 27

Aggravated Kidnapping

Answer 27

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

Question 28

Second Degree Kidnapping

Answer 28

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

Question 29

Aggravated Kidnapping of a Child

Answer 29

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