Criminal Law Flashcards
1st Degree Murder
Specific intent: to kill or cause great body harm
AND
Enumerated felony (kidnapping: agg or 2nd degree, agg escape, rape: agg or forcible, agg burglary, *robbery: armed, 1st/2nd deg, or simple, assault by drive by shooting, cruelty to juveniles, terrorism)
Or
Specific intent to kill 2+ Victims, fireman or law enforcement officer, murder for hire, the victim was under 12 or over 65, perp engaged in drug distrib or possession, perp engaged in ritualistic acts, no-contact order b/w perp and victim, victim or family member is a witness, prior killing with specific intent to kill or cause great bodily harm
2nd Degree Murder
-Specific intent to kill or to cause great bodily harm
-Death during rape: agg or forcible, agg arson, agg burglary, kidnapping: agg or 2nd degree, agg escape, assault by drive-by shooting, robbery: armed or 1st/2d or simple, cruelty to juveniles
-Death caused by ingestion of controlled dangerous substance
Manslaughter
-Murder, but sudden passion or heat of blood
-Murder, but caused by adequate provocation
-Unintentional homicide while 1) unenumerated felony 2) intentional misdemeanor provocation OR 3) resisting lawful arrest
Negligent Homicide
-Negligent 1) killing by criminal negligence 2) negligent violation of statute presumptive evidence of negligence
-Killing because of reckless or negligent animal handling (not if service dog and not if the victim is the intruder)
Vehicular homicide
MUST BE WHILE UNDER INFLUENCE OF DRUGS OR ALCOHOL
-Perp operating vehicle/boat/plane while under the influence of drugs/alcohol
Criminal assistance to suice
-Advising or encouraging
OR
-Providing means with knowledge of use
Simple Batter
-Intentional use of force or violence OR intentional administration of noxious substance
-Without consent of the victim
Aggravated Battery
-Battery with a dangerous weapon
2nd Degree Battery
Battery + intentional serious bodily injury
Not a health care provider
Aggravated 2nd Degree Battery
Battery + dangerous weapon + serious bodily injury
Miscellaneous Battery
Battery of a…
-Police Offer
-School teacher
-Referee
-Correctional Officer
-Bus Operator
-Child welfare worker
-Infirm
-Domestic abuse battery
Simple Assault
-Either 1) attempt to commit a battery or 2) intentional placing of another in reasonable apprehension of a recognized battery
-Without a dangerous weapon
Aggravated Battery
Assault + dangerous weapon
Aggravated Assault with a Firearm
Aggravated assault + firearm
Aggravated assault on a police officer working in course and scope
Aggravated assault + police offer + working in course and scope
Miscellaneous Assault
-Assault by drive by shooting
-Agg assault on peace officer with firearm (no discharge required)
-Agg assault with motor vehicle on peach officer
-Use of laser on police officer
-Assault on school teacher
-Mingling harmful substances
-Assault on a child welfare worker
-Agg assault on a utility worker with a firearm
Negligent Injuring
-Inflicting injury by criminal negligence
-Violation of statute is presumptive evidence of negligence
Negligent animal handling
Negligent injuring: Vehicular
1) Injuring by perp operating car/boat/plane
2) When under the influence of alcohol/drugs
Negligent injuring: 1st degree vehicular
Vehicular + serious bodily injury
Negligent injuring: 1st degree vehicular
Other Miscellaneous
Intimidation by officers, terrorizing, stalking, cyberstalking, cyberbullying, cross burning
Intimidation by Officers
Threats or violence to get confession from one in custody
Terrorizing
Intentional communication of information regarding impending harm to cause fear
Stalking
Intentional and repeated following or harassing causing alarm or distress
Not private investigations
Cyberstalking
Use of email to extort, threaten, harass
Cyberbullying
Transmission to torment one under 18
Cross Burning
On property of another or public, with intent to intimidate
*Armed Robbery
1) Taking of anything of value
2) Belonging to another
3) From a) the person OR b) their immediate control
4) By use of force or intimidation
5) While armed with a dangerous weapon
First degree Robbery
1) Taking of anything of value
2) Belonging to another
3) From a) the person OR b) their immediate control
4) By use of force or intimidation
5) perp leads victim to reasonably believe he is armed with a dangerous weapon
Second degreed Robbery
1) Taking of anything of value
2) Belonging to another
3) From a) the person OR b) their immediate control
4) Perp intentionally inflicts serious bodily injury
Simple Robbery
1) Taking of anything of value
2) Belonging to another
3) From a) the person OR b) their immediate control
4) Not armed with a dangerous weapon
Miscellaneous Robbery
Carjacking, purse snatching, extortion
Carjacking
1) Intentional taking of motor vehicle
2) Belonging to another
3) In presence of person in possession of the vehicle
4) By use of force or intimidation
Purse snatching
1) Theft of anything of value
2) Within purse or wallet
3) From another person OR in their immediate control
4) By force, intimidation or snatching
5) While not armed with a dangerous weapon
Extortion
Communication of threats to another with the intention to obtain anything of value or any advantage
*Simple Kidnapping (Moving)
-Intentionally and forcibly seizing and carrying of one person from place to another without consent
-Intentional taking for unlawful purpose the child of another under 14 without consent of a parent or guardian
-Intentionally taking a child out of state from custodian with the intent to defeat jurisdiction
2nd degree Kidnapping
Either 1) forcibly seizing and carrying from one place to another 2) persuading of a person to go from one place to another 3) forcibly secreting anything person
When the victim is 1) used as a shield or hostage 2) used to facilitate felony or flight from felony 3) injured or sexually abused 4) imprisoned for 72+ hours 5) imprisoned when perp has or suggests he has a dangerous weapon
Aggravated Kidnapping
Either 1) forcibly seizing and carrying from one place to another 2) persuading of a person to go from one place to another 3) forcibly secreting anything person
1) To force someone to give up something of value
or
2) In order to secure release
False Imprisonment (Not Moving)
1) Intentional confinement or detention of another
2) Without consent
3) And without proper legal authority
False Imprisonment with a Dangerous Weapon
1) Unlawful intentional confinement of another
2) While perp armed with a dangerous weapon
Interference with Child Custody
Intentional taking of a minor by parent without right of custody, with the intent to take child from the other parent with the right of custody
*Simple Burglary
1) Unauthorized entry
2) Of any dwelling, vehicle, other structure, or cemetary
3) with the intent to commit a felony or theft
Burglary of inhabited dwelling
1) Unauthorized entry
2) Of a structure used as a home
3) With the intent to commit a felony or theft therein
Burglary of a pharmacy
1) Unauthorized entry
2) With intent to commit theft of a drug
Burglary of Religious Building
Burglary of Law Enforcement or Emergency Vehicle
Unauthorized Entry of Critical Infrastructure (water treatment/sewage)
1) Intentional entry without authority
2) Completely enclosed by barrier
Unauthorized entry of inhabited dwelling
1) Unauthorized entry
2) Of structure used as a home
Unauthorized entry of place of business
-If completely enclosed by 6ft barrier
Unauthorized entry of dwelling during a disaster
-Unless attempting rescue or refuge
Home Invasion
1) Unauthorized entry of a home when a person is present
2) with specific intent to use force against a person or harm property
Trespass
Entry on or remaining in place after being forbidden
Criminal Trespass
1) Entering or remaining
2) Movable or immovable
3) Owned by another
4) Without express, legal or implied authorization
*But OKAY if police, fire, EMT, or govt agent
Trespass by drone with intent to surveil
Unlawful use of drone over jail
Looting
1) Intentional entry of any movable or immovable
2) When normal security is not present
3) Because of force majeur or riot
*Enhanced penalties if “state of emergency”
Simple Arson
1) Intentionally damaging by explosion or fire of property without consent
OR
2) Unintentional fire or explosion during a felony
Aggravated Arson
1) Intentionally damaging by explosion or fire of structure or movable
2) Foreseeable that human life might be endangered
Miscellaneous Arson
-Placing combustable materials near structure, movable, or forestland with specific intent to set fire
-Manufacture of delayed action incendiary devices
-Manufacturing or possession of a bomb
-Manufacturing or possession of fake explosive device with intent to influence action of official or officer OR to make threat during a felony
-Communicating false information regarding planned arson
-Communicating false information regarding planned bombing at school
-Injury by arson
*Criminal Mischief
-Tampering with property of another with out consent with specific intent to interfere with the enjoyment or use
-Giving false alarm or fire that would reasonably result in emergency response
-Giving false report of crime to an officer
-Throwing missile in public place
-Remaining in place of business after being told to leave
-Discharge of a firearm at train
-Graffiti on property without consent
Simple Criminal Damage to Property
1) Intentional damaging or property without consent
2) Other than by fire or explosion
Aggravated Criminal Damage to Property
1) Intentional damaging of structure or movable other than by fire or explosion
2) Foreseeable that human life might be endangered
Miscellaneous Criminal Damage to Property
-Criminal damage to coin operated device
-Criminal damage to pipeline facility
-Criminal damage to genetically engineered crops/facilities
-Damage to property with the intent to defraud
-Contaminating water supplies
-Criminal damage by defacing with graffiti
*Theft
1) Misappropriation or taking without consent OR by means of fraud
2) Anything of value belonging to another
3) With the specific intent to permanently deprive (inferred for theft from merchant)
Unauthorized use of Access Card
-including credit and ATM cards
= theft if used with intent to defraud
-includes forged, revoked, stolen, and borrowed cards
Miscellaneous Theft
-Theft of livestock; animals’; alligator; crawfish
-Theft of utility services; utility property
-Theft of petroleum products
-Theft of oilfield geological survey, seismograph
-Theft of oil and gas equipment
-Theft of goods
-Theft of timber
-Theft of firearm
-Theft of motor vehicle fuel
-Theft of anhydrous ammonia
-Theft of a business record
-Theft of assets of a disabled or aged person
-Theft of a used building component
-Identity Theft
-Failure to pay bridge toll
-Theft of motor vehicle
-Theft of copper from church or graveyard
Commercial bribery
1) Paying agent with knowledge of principal
2) with specific intent to influence agent’s actions
Computer crime
-offenses against IP (destroying or taking)
-offense against computer equipment or supplies
-offense against computer users
-computer fraud
-offenses against electronic mail
-computer tampering
Disposal of property encumbered by security interest with intent to defeat security interest
Fraud
-issuing worthless checks
-credit card
-cheating and swindling
-medicare
-mortgage
-home improvement
Unauthorized Activity: Use of movable
1) Intentional taking or use of a movable
2) that belongs to another
3) either without consent OR by fraud
4) without the intent to permanently deprive
Possession of stolen things
1) Intentional possessing of anything of value
2) which has been the subject of robbery or theft
3) when perp knew or had good reason to believe the thing was stolen
*affirmative defense if you write to the DA within 72 hours of acquisition
Attempt
1) Specific intent to commit crime
2) does or omits act
3) for purpose of and tending directly toward accomplishing object
Conspiracy
1) agreement or combination
2) of 2+ persons for specific purpose of committing any crime
3) an overt act in futherance
Solicitation for murder
Inciting a felony
1) inciting or procuring
2) another person to commit a felony
DWI
1) operating any vehicle with or without a driver’s license when
2) under the influence of alcohol, BAC =.08+, under the influence of a controlled dangerous substance, under the influence of a lawful drug in an excessive dose, under the influence of a combo of alcohol and legal drugs unless the package does not warn against the combo
Reckless Operation of a Vehicle
Hit and Run
Intentional failure to stop and give identity and to render aid at the scene of an accident
Forgery of Insurance ID cards
Driving with suspended license
Disturbing the Peace
Fist fighting, appearing intoxicated, use of offensive or derisive words in public place if it would foreseeable disturb or alarm the public
Defenses: Infancy
D is less than 10 years old
Insanity
D incapable of distinguishing between right and wrong because of a mental disease or defect
Intoxication: Involuntary
Defense if intoxicant was direct cause of the crime
Intoxication: Voluntary
Defense only if intoxicant precluded specific intent or special knowledge element of the crime
Mistakes of Fact
Reasonable mistake of fact that precludes mental element is a defense unless provided otherwise in the statute
Mistakes of law
Ignorance of the law is no defense
Unless 1) defendant reasonably relied on act of repeal by the legislature OR 2) defendant reasonably relied on judgment of Supreme Court law that was unconstitutional
Duress
Threat of death or great bodily harm to defendant
Defendant reasonably believed person is present and harm is imminent
Not a defense to murder
Self Defense
Defendant in imminent danger of receiving great bodily harm and killing was necessary to save themself
Aggressor cannot claim self defense unless prior withdrawal
Prevent felony
Forced used to prevent violent or forcible felony involving great bodily harm, defendant had reasonable belief that the offense was imminent, defendant had reasonable belief that force was necessary to prevent
Shoot the burglar
1) Defendant used force against person in dwelling, business, or car
2) Person was committing burglary or robbery
3) Person was reasonably likely to use unlawful force vs an occupant
Shoot the Intruder
1) Defendant used force against person unlawfully in or attempting to get in dwelling, business or car
2) Defendant was lawfully inside
3) Defendant reasonably believes deadly force necessary to prevent entry or compel intruder to leave
Presumption: If lawfully inside the believe in necessary to prevent entry is presumed
Use of nonlethal force
Defendant used force to prevent forcible offense or trespass against property in a person’s lawful possession
Force was reasonable and apparently necessary to prevent offense
Defendant lawfully in the dwelling etc vs person attempting entry and defendant reasonably believes necessary to prevent entry or compel to leave
Defense of others
Force OK if person attacked could have used the same means
Law enforcement
Conduct apparently authorized while in reasonable fulfillment of duties
