CRIMINAL LAW Flashcards
In Maryland, a biological parent cannot be charged with kidnapping his/her own child that is under the age of..
18 years old
True or False: When a kidnapping occurs (non-relative related) any movement of the victim, however slight, satisfies the elements of the crime.
True
What are the aggravating factors of First Degree rape? (4)
- Employees a dangerous weapon or deadly weapon
- inflicts suffocation, strangulation, or disfigurement
3.threatens or places the victim in fear - is aided or abetted by one or more person
- the offense is committed in connection with a breaking and entering of a dwelling
Are all levels of Rape and Sexual Offenses Felonies?
No, Sexual Offense - 4th degree is a Misdemeanor
A 21 year old has vaginal intercourse with a 15 year old. What would you charge?
Sexual Offense - 3rd Degree
What is sexual deviations or perversions known as?
Paraphilias
What is the age of consent in Maryland?
16 years old
A man comes home and observes his wife in bed with another man (cheating) and kills the man and/or his wife would be charge with what?
2nd Degree Murder
A peeping tom (intent to invade on the privacy of a person) falls under what crime?
Trespassing
True or False: Forgery and counterfeiting are considered the same crime in Maryland?
True
What does uttering (passing of forged documents) require?
Intent to defraud
When transporting a handgun in Maryland, what must a person do with the handgun and ammunition?
Separate them. The handgun and the ammunition must be stored seperately.
When transporting a handgun where must it be stored?
The handgun must be stored in an enclosed holster or case.
True or False? A bowie knife that is shielded from ordinary observation is NOT considered a violation of the “carrying or wearing a concealed dangerous weapon law”?
False.
The intentional exposure of a person’s private part(s) to someone else.
Indecent Exposure
Making a false statement to the police (knowing it to be false) is graded as what?
Misdemeanor
True or False: Homicide by a motor vehicle or vessel while under the influence must show that the death of another person was a result of the Defendant’s negligent driving of the vehicle?
True
Homicide by a motor vehicle or vessel while under the influence must show that the death of another person was a result of the Defendant’s negligent driving of the vehicle. What would this crime be graded as?
Felony
What would you charge an arestee escaping from a police officer’s vehicle?
2nd Degree Escape
What would you charge and arestee escaping from a correction/detention facility?
1st Degree Escape
What would you charge a parent who leaves their child in a hot car on a summer day resulting in the death of the child?
Involuntary manslaughter
What does child abuse include other than physical injury?
Sexual abuse - exploitation and molestation.
True or false: There has to be injury to charge child abuse?
No. Actual injury does NOT have to occur.
What does the term Sexual contact include in the state of Maryland?
- Fellatio
- Cunnlingus
- Analingus
- Anal Intercourse
- Insertion of an object or body part other than penis into the anus or vagina.
What is Fellatio?
Oral contact with male genitalia
What is Cunnalingus?
Oral contact with the female genitalia
What is Analingus?
Oral contact with the anus
What are the 2 factors to charge someone with 1st Degree Escape?
Must be in a place of confinement and must already have been sentenced.
What would you charge someone with who knowingly makes a false report of a crime?
Making a false report
What is the grading for Making a false report?
Misdemeanor
What is the charge for someone who discharges a firearm from a motor vehicle in a manner that creates a substantial risk of death or bodily injury?
Reckless Endangerment
What is the charge for a person who steals a motor vehicle by force or threat of force?
Carjacking
What can you be charged with if you obtain public assistance by falsely completing an application for assistance or failing to update one’s financial status once the person is no longer eligible for the assistance?
Public assistance Fraud
What differentiates murder vs. manslughter?
Mitigating factor
What is the term used for - someone who shoots into a crowd or participates in target practice at a public location (ie. playground)
Depraved heart syndrome
Death or serious bodily injury does not have to occur to charge this.
Reckless endangerment - Placing someone at risk of serious bodily injury.
Legal term meaning touching a person’s private part.
Sexual Contact
Term to include touching the private part with an object.
Sexual contact
What is the grading for Aggravated Cruelty to Animals
Felony
What is the key element for muder?
Premeditation (thinking about a crime in advance of committing the crime)
What are the elements of theft?
- Taking and carrying away
- Property of another
- With the intent to deprive the owner of the property.
What is the grading of 2nd Degree assault (non-LEO related)?
Misdemeanor
What does 1st Degree Assault include?
The intent of inflicting serious bodily injury/death.
What is the grading of 1st Degree Assault?
Felony
True or False: Rape involving intercourse requires the emission of semen?
False.
What is the only thing with relation to intercourse and rape require?
Mere penetration
What does resisting arrest require?
- Lawful arrest
- Officer identified as police
- Resistance
- Person must have been arrested
What does Breaking and Entering require? (3)
- Breaking and entry
- Dwelling
- Intent to commit theft and/or act of violence.
True or False: The use of a handgun during the commission of a violent crime or felony is NOT another crime for which a Defendant can be charge with.
False. This is an additional Misdemeanor crime.
Any weapon that can cause death or serious bodily injurry.
dangerous weapon
Failure to leave a public building without lawful purpose
Trespassing
The volume of speech rather than the content (profanity) of that speech.
Disorderly conduct - Doesn’t matter what is being said, just the volume of the things being said.
Involves the quantity of the drug/drugs with paraphernalia indicating packaging/distribution.
Possession of CDS with Intent to Distribute
True or False: Fraud and theft are separate crimes in Maryland?
True
What is the grading of 2nd Degree Assault (not on a LEO)
Misdemeanor
What are types of 2nd Degree Assault
- Intent to Frighten
- Attempted battery
- Battery
What are three alcohol violations?
- Possession by an underage person
- False ID
- Furnishing alcohol to an underage person
What are the elements of voluntary manslaughter?
Killing that is:
1. in the head of passion
2. no cooling off period
3. adequate provocation
Three types of victims of domestic abuse
- Spouse
- Child
- Vulnerable adult living in the residence
If you find a large number of marijuana plants (over 2) what kind of evidence is that considered?
CDS Evidence
What are the elements of robbery?
- Taking or carrying away property
- Force or threat of force
- Victim is aware while happening
Types of theft (4)
- by deception
- possession of stolen property
- possession of lost/mislaid property
- theft of services
True or False: To charge someone with an open alcoholic container, the container must contain some amount of alcohol
True
True or False: You cannot be charged for possessing a handgun while you’re drunk if you have a a concealed handgun permit.
False. In Maryland, you CAN be charged if you are drunk and in the possession of handgun even if you possess a concealed carrying permit.
T/F: A man can rape his wife.
True
T/F: A man can rape another man.
True
T/F: Brandon forces anal sex upon Jenny. Based on these facts alone, Brandon has committed a 3rd Degree sexual offense.
True
T/F: Brandon forces anal sex upon Jenny while Bart and Barry stand as lookouts. Based upon these facts alone, Brandon has committed 1st Degree rape.
True
T/F: A gynecologist performs an exam that is medically unnecessary. The gynecologist has not committed any type of sex crime because of his status as a doctor.
False
For rape to have occurred…
A. A penis must penetrate the vagina
B. The penile penetration must be complete
C. A sexual act must have occurred
D. None
C.
John holds a knife to Mary’s throat. He then inserts an object into Mary’s vagina without her consent. John has most likely committed..
A. 1st Degree rape
B. 3rd Degree sexual offense
C. 2nd Degree rape
D. 4th Degree
E. None
A.
Leonard performed oral sex on Emmet, while Emmet was physically restrained with a rope. Leonard also struck Emmet. Emmet consented to being retrained and never told Leonard to stop. Leonard would most likely charged with..
A. 1st Degree rape
B. 2nd Degree rape
C. 3rd Degree sexual offense
D. None
D. Emmett consented to the actions.
Which of the following acts, if done by force and without consent, constitutes rape?
A. Vaginal intercourse
B. Analingus
C. Cunnilingus
D. All of the above
D.
All of the following are felonies except..
A. 1st Degree rape
B. 2nd Degree rape
C. 3rd Degree Sexual offense
D. 4th Degree sexual offense
E. Both C and D
E.
Leaving an untended infant in car seat on a hot summer day resulting in their death
Involuntary mansluaght
Homicide by motor vehicle while DUI
Felony
Heat of passion killing with no cooling off period and adequate provocation
Voluntary manslaughter
Homicide by motor vehicle while DUI includes death and…
reckless endagnerment
Conduct which creates a substantial risk of SBI or death and it cannot involve the use of motor vehicle (except shooting from vehicle)
Negligence
Person uses force to take a MV from a driver at a stop light or pushes a driver away from the vehicle while pumping gas and drives away from the vehicle.
Carjacking
Unloaded postal, starter pistol club, knife, microphone cord (used to choke a person)
Dangerous/Deadly weapon
Felonies taking away of property of another by force or threat of force
Robbery
Basic 2nd degree Assault (non LEO) is a (grading)
Misdemeanor
Intentionally inflicting SBI to a person (not in self defense) is a Felony
Assault in the 1st Degree
Punching someone in the face in an offensive action
Assault in the 2nd Degree
Killing spouse in fit of rage who you catch cheating
Murder - 2nd Degree
A 21 year old a 15 year old have vaginal intercourse
Sexual Offense 3rd Degree
Touching a man’s genitalia with a bottle against his will
Sexual contact
Sexual Deviations and perversians
paraphalis
Includes child sexual molestation and sexual exploitation; physical injury is NOT an element
Sexual child abuse
Any movement of the victim, however slight, is sufficient for this crime
Kidnapping
Taking and carrying away of property of another with the intention of depriving that person of that property, trespassing on property is NOT a required element
Theft
Breaking and entering a home with the intent to steal
Burglary in the 1st Degree
Fellation, cunnalingus, analingus, anal intercourse, and the insertion of an object or body part (other than a penis) into the anus or vagina
Sexual Act
Taking a child relative unlawfully from the custody of another
abduction
Thinking something in advanced
Premeditation
Assisting before or after the crime
accessory
Assisting during the crime
accomplice
Signing your name on an unauthorized check
Forgery
A wife who jumps on the back of PD who is making the arrest of her husband
Hindering/Obstructing
Exposing a person’s private part to someone
Indecent exposure
The crime of false statement to PD is (grading)
Misdemeanor
Escaping the custody of the Police
Escape 2nd Degree
Escaping the custody of a prison
Escape 1st Degree
This crime requires the reporting person must know they are making a false report to PD
False Reports
Failing to disclose a material change in your financial condition that would disqualify you from continuing to get public assistance
Public Assitance Fraud
The crime of forgery and uttering requires what element
The intent to defraud
Refusing to leave a public building when the operation is closed
Trespassing
Yelling and screaming in a public place causing people to be annoyed; volume of the speech is the critical factor, not what is being said
Disorderly conduct
Torturing or cruelly beating, mutilating an animal
Aggravated cruelty to animals
Peeping Tom crime with intent to invade a person’s privacy falls under what crime category
Tresspassing
Concealed a bowie knife in a vehicle
Concealed Dangerous Weapon
The age of a child that the securing of a fire arm law was designed to protect
Under 16
Possession of 50 glassine baggies of heroin
PWID
Spouse, Child, Vulnerable adult living within the residence
Potential victims of DV
Finding 100 marijuanna plants
Intent to manufacture and Distribute CDS
A Defendant set fire to or burned at least part of a dwelling or an occupied structure; and that the setting of the fire to or burning was with willful and malicious intent.
Arson 1st Degree
A Defendant is involved in the willful and malicious setting fire to or burning of a vehicle, building or structure.
Arson 2nd Degree
A parent or other person who has permanent custody or temporary care or custody or responsibility for the supervision of a minor may not cause abuse to that minor
Child abuse
A person may not willfully or maliciously set fire or burn the personal property of another valued at less than $1000
Malicious Burning of Personal Property 2nd Degree
A person may not willfully or maliciously set fire or burn the personal property of another valued at more than $1000
Malicious Burning of Personal Property 1st Degree
A person may not willfully act in a disorderly manner than disturbs the public peace
Disorderly conduct
A person may not willfully fail to obey a reasonable and lawful order that a LEO makes to prevent a disturbance of public peace
Disorderly Conduct - Failure to obey a lawful order
A person may not; be intoxicated and endanger the safety of another person or property; be intoxicated or drink any alcohol in a public place and cause a public distrubance
Alcohol violation - PD
A person may not willfully and maliciously destroy, break, injure, or deface the real or personal property of another
MDOP
A person may not break and enter into a store house of another
4th Degree Burglary
A person may not break and enter the dwelling of another with the intent to commit a crime
3rd Degree Burglary
A person may not possess a burglars tool with the intent to use or allow it to be used in the commission of a crime involving the breaking and entering of a motor vehicle
Breaking and Entering a motor vehicle
A person may not break and enter the storehouse of another with the intent to commit theft, a crime of violence, or arson in the 2nd Degree
2nd Degree Burglary
A person may not break and enter the dwelling of another with the intent to commit theft or a crime of violnce
1st Degree Bruglary
