Criminal Law

Question 1

Burglary (Felony) – think “BEND”

Answer 1

1. Break: physically engaging in any act designed to enter, inserting a key into a lock, entry through an opening not intended as an entrance all are breaking
2. Enter: unlawful making of one’s way into a building or vehicle
3. Nighttime: 1 hour after sunset to 1 hour before sunrise the next day
4. Dwelling: a dwelling house
5. No weapon or assault

Question 2

Aggravated Burglary

Answer 2

1. Break: physically engaging in any act designed to enter, inserting a key into a lock, entry through an opening not intended as an entrance all are breaking
2. Enter: unlawful making of one’s way into a building or vehicle
3. Nighttime: 1 hour after sunset to 1 hour before sunrise the next day
4. Dwelling: a dwelling house
5. Occupied
6. Weapon or assault

Question 3

Defacing or damaging property (FELONY)

Answer 3

1. Maliciously/wanton
2. Destroy or deface
3. Property of another
4. ROA = FELONY (does not matter the value of property)
5. When making an arrest involving property damage, use this because it applies broadly, regardless of value and gives you a right to arrest the person

Question 4

Minor in Possession of Alcohol

Answer 4

a. The suspect was under 21 and unaccompanied by a parent or legal guardian; and
b. Possess or transport. Knowingly possessed, transported, or carried on his person;
c. Alcohol. Any alcohol or alcoholic beverage.
d. ROA = Misdemeanor. Warrantless arrest in presence.

Question 5

6 Acceptable Forms of MA ID (“MILD UP”)

Answer 5

a. Military ID
b. MA ID Card
c. MA Liquor ID Card
d. MA Driver’s license
e. US Passport or a passport issued by a country recognized by the US
f. Passport card

Question 6

Possession of Controlled Substance

Answer 6

a. The suspect knowingly;
b. Possessed some perceptible amount of a controlled substance in any class or more than 2 ounces of marijuana; and
c. Without lawful reason. The suspect did not have a valid prescription or other legal basis.

ROA = Misdemeanor, right to a warrantless arrest on PC.

Question 7

Class A Drug

Answer 7

Heroin, Morphine, Fentanyl

Question 8

Class B Drug

Answer 8

Oxycontin, Meth, Cocaine

Question 9

Class C Drug

Answer 9

Valium, Bath Salts, Synthetic Marijuana

Question 10

Class D Drug

Answer 10

Marijuana

Question 11

Class E Drug

Answer 11

Prescription Drugs

Question 12

Distribution/ Manufacturing of Controlled Substance

Answer 12

a. Intentionally
b. Manufactured, distributed, or possessed with intent to distribute
c. Controlled Substance
d. ROA- Class A, B, C = FELONY // Class D, E = (M) warrantless arrest on PC

Question 13

Trafficking

Answer 13

Know the Weights:
i. Marijuana- 50 pounds
ii. Cocaine- 18g
iii. Heroin- 18g
iv. Meth- 18g
v. Fentanyl- 10g
vi. Carfentanil- any amount

Question 14

Indecent Exposure

Answer 14

a. Intentional
b. Expose Genitals only
c. Cause offense
d. ROA = Misd., in public arrest in presence, in home complaint

Question 15

Open and Gross Lewdness

Answer 15

a. Intentional
b. Expose genitals, breasts or butt
c. Public
d. Alarm or shock
e. Person Affected
f. primarily applied for children victims
g. Differences (4): felony, public exposure, includes butt/breast, “alarm or shock”

Notes:
**See-through clothing is sufficient.

**Open and gross may be charged for blatant exposure involving adults.

**The “public” requirement is overlooked when the exposure is directed toward children.

Question 16

Indecent A&B on Person 14 or Older

Answer 16

a. Age 14 or older
b. “Indecent” (fundamentally offensive)
c. No consent
d. ROA = FELONY

Notes:
**An unwanted or offensive touching of a “sexual” nature, usually involving the female breasts, buttocks or genital areas.

**Gender does not matter e.g. a person of the same gender can commit an Indecent Assault and Battery.

**An intentional touching, an A&B but the location is “indecent”/offensive

Question 17

Indecent A&B on Person 14 Under

Answer 17

a. Not yet 14
b. Indecent
c. Person under 14 is NOT capable of consenting
d. ROA = FELONY

**Charge is aggravated if suspect is a mandated reporter, or happens during the commission of another crime

Question 18

Rape

Answer 18

a. Intercourse (natural or unnatural)
b. Force or Threat
c. ROA = FELONY
d. Aggravated Rape:
i. Serious bodily injury
ii. Joint Venture
iii. During commission of violent crime

Question 19

Statutory Rape

Answer 19

a. Unlawful (Since statutory rape does not have to be “forced,” the “unlawful” element ensures the act has no legal justification.)
b. Intercourse (natural or unnatural)
c. Victim under 16 years old
d. ROA = Felony
e. Difference is no force/threat, child under 16 not capable of consent
f. Aggravated:
i. More than 5 year age difference and victim under 12
ii. More than 10 year age difference and victim 12-16
iii. Suspect is a mandated reporter
g. Child under 16 makes consent irrelevant. Those under 16 are not sufficiently mature to understand fully the physical, mental, and emotional consequences of sexual intercourse.

Question 20

Assault with Intent to Rape

Answer 20

a. Assault. The suspect committed an assault on the victim;
b. Specific intent. While having the specific intent to rape the victim.
c. ROA = Felony
d. Notes: Assault usually commits an A&B by touching the vic, but touching isn’t required. Gestures and words alone might suffice.
e. Specific intent= Must be proof Suspect had goal of raping the Victim.

Question 21

Natural Intercourse

Answer 21

the insertion, no matter how slight, of the penis into the vagina.

Question 22

Unnatural Intercourse

Answer 22

Oral intercourse and anal intercourse. This includes mouth/vagina and mouth/penis contact. Intrusion is not required. Inserting a finger or object into the genital or anal opening is rape.

Question 23

Carrying a Dangerous Weapon 269 s 10 (b)

Answer 23

a. Type 1: Per se dangerous weapon
i. The suspect knowingly carried on his person/his control in a vehicle;
ii. One of the 17 per se dangerous weapons (knives/martial arts/)
b. Type 2: Non per se weapon possessed during arrest for a warrant
i. The suspect was arrested on a warrant for an alleged crime; or
ii. without a warrant for a crime involving a breach of the peace; AND
iii. at the time of his arrest, the suspect had on his person or under his control in a vehicle;
iv. a billy club or other dangerous weapon that is not mentioned or otherwise punishable under 269 s 10
c. ROA= Felony
d. Warrant must be reason for the arrest and must involve a breach of the peace

Question 24

Large Capacity Semiautomatic and capable of

Answer 24

a. Firearm - large capacity feeding device of more than 10 rounds
b. Rifle- large capacity feeding device of more than 10 rounds
c. Shotgun- large capacity feeding device of more than 5 rounds.

Question 25

3 Charges for typical Firearms Arrest

Answer 25

a. 269 s 10 (a) Poss of FA w/o a license
b. 269 s 10 (h) Poss of ammo w/o FID card
c. 269 s 10 (n) Poss of loaded firearm

Question 26

2 Firearms License Class Categories in Massachusetts

Answer 26

a. License to Carry (LTC) (140 S 131)
i. There is only one class in MA, as of January, 2021: Class A
b. Firearms Identification Card FID card
c. Must DEMAND FID or LTC