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Test 2 > CRIMINAL LAW > Flashcards

CRIMINAL LAW Flashcards

1
Q

In Maryland, a biological parent cannot be charged with kidnapping his/her own child that is under the age of..

A

18 years old

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2
Q

True or False: When a kidnapping occurs (non-relative related) any movement of the victim, however slight, satisfies the elements of the crime.

A

True

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3
Q

What are the aggravating factors of First Degree rape? (4)

A
  1. Employees a dangerous weapon or deadly weapon
  2. inflicts suffocation, strangulation, or disfigurement
    3.threatens or places the victim in fear
  3. is aided or abetted by one or more person
  4. the offense is committed in connection with a breaking and entering of a dwelling
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4
Q

Are all levels of Rape and Sexual Offenses Felonies?

A

No, Sexual Offense - 4th degree is a Misdemeanor

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5
Q

A 21 year old has vaginal intercourse with a 15 year old. What would you charge?

A

Sexual Offense - 3rd Degree

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6
Q

What is sexual deviations or perversions known as?

A

Paraphilias

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7
Q

What is the age of consent in Maryland?

A

16 years old

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8
Q

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?

A

2nd Degree Murder

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9
Q

A peeping tom (intent to invade on the privacy of a person) falls under what crime?

A

Trespassing

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10
Q

True or False: Forgery and counterfeiting are considered the same crime in Maryland?

A

True

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11
Q

What does uttering (passing of forged documents) require?

A

Intent to defraud

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12
Q

When transporting a handgun in Maryland, what must a person do with the handgun and ammunition?

A

Separate them. The handgun and the ammunition must be stored seperately.

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13
Q

When transporting a handgun where must it be stored?

A

The handgun must be stored in an enclosed holster or case.

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14
Q

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”?

A

False.

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15
Q

The intentional exposure of a person’s private part(s) to someone else.

A

Indecent Exposure

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16
Q

Making a false statement to the police (knowing it to be false) is graded as what?

A

Misdemeanor

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17
Q

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?

A

True

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18
Q

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?

A

Felony

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19
Q

What would you charge an arestee escaping from a police officer’s vehicle?

A

2nd Degree Escape

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20
Q

What would you charge and arestee escaping from a correction/detention facility?

A

1st Degree Escape

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21
Q

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?

A

Involuntary manslaughter

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22
Q

What does child abuse include other than physical injury?

A

Sexual abuse - exploitation and molestation.

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23
Q

True or false: There has to be injury to charge child abuse?

A

No. Actual injury does NOT have to occur.

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24
Q

What does the term Sexual contact include in the state of Maryland?

A
  1. Fellatio
  2. Cunnlingus
  3. Analingus
  4. Anal Intercourse
  5. Insertion of an object or body part other than penis into the anus or vagina.
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25
Q

What is Fellatio?

A

Oral contact with male genitalia

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26
Q

What is Cunnalingus?

A

Oral contact with the female genitalia

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27
Q

What is Analingus?

A

Oral contact with the anus

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28
Q

What are the 2 factors to charge someone with 1st Degree Escape?

A

Must be in a place of confinement and must already have been sentenced.

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29
Q

What would you charge someone with who knowingly makes a false report of a crime?

A

Making a false report

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30
Q

What is the grading for Making a false report?

A

Misdemeanor

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31
Q

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?

A

Reckless Endangerment

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32
Q

What is the charge for a person who steals a motor vehicle by force or threat of force?

A

Carjacking

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33
Q

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?

A

Public assistance Fraud

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34
Q

What differentiates murder vs. manslughter?

A

Mitigating factor

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35
Q

What is the term used for - someone who shoots into a crowd or participates in target practice at a public location (ie. playground)

A

Depraved heart syndrome

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36
Q

Death or serious bodily injury does not have to occur to charge this.

A

Reckless endangerment - Placing someone at risk of serious bodily injury.

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37
Q

Legal term meaning touching a person’s private part.

A

Sexual Contact

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38
Q

Term to include touching the private part with an object.

A

Sexual contact

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39
Q

What is the grading for Aggravated Cruelty to Animals

A

Felony

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40
Q

What is the key element for muder?

A

Premeditation (thinking about a crime in advance of committing the crime)

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41
Q

What are the elements of theft?

A
  1. Taking and carrying away
  2. Property of another
  3. With the intent to deprive the owner of the property.
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42
Q

What is the grading of 2nd Degree assault (non-LEO related)?

A

Misdemeanor

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43
Q

What does 1st Degree Assault include?

A

The intent of inflicting serious bodily injury/death.

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44
Q

What is the grading of 1st Degree Assault?

A

Felony

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45
Q

True or False: Rape involving intercourse requires the emission of semen?

A

False.

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46
Q

What is the only thing with relation to intercourse and rape require?

A

Mere penetration

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47
Q

What does resisting arrest require?

A
  1. Lawful arrest
  2. Officer identified as police
  3. Resistance
  4. Person must have been arrested
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48
Q

What does Breaking and Entering require? (3)

A
  1. Breaking and entry
  2. Dwelling
  3. Intent to commit theft and/or act of violence.
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49
Q

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.

A

False. This is an additional Misdemeanor crime.

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50
Q

Any weapon that can cause death or serious bodily injurry.

A

dangerous weapon

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51
Q

Failure to leave a public building without lawful purpose

A

Trespassing

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52
Q

The volume of speech rather than the content (profanity) of that speech.

A

Disorderly conduct - Doesn’t matter what is being said, just the volume of the things being said.

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53
Q

Involves the quantity of the drug/drugs with paraphernalia indicating packaging/distribution.

A

Possession of CDS with Intent to Distribute

54
Q

True or False: Fraud and theft are separate crimes in Maryland?

A

True

55
Q

What is the grading of 2nd Degree Assault (not on a LEO)

A

Misdemeanor

56
Q

What are types of 2nd Degree Assault

A
  1. Intent to Frighten
  2. Attempted battery
  3. Battery
57
Q

What are three alcohol violations?

A
  1. Possession by an underage person
  2. False ID
  3. Furnishing alcohol to an underage person
58
Q

What are the elements of voluntary manslaughter?

A

Killing that is:
1. in the head of passion
2. no cooling off period
3. adequate provocation

59
Q

Three types of victims of domestic abuse

A
  1. Spouse
  2. Child
  3. Vulnerable adult living in the residence
60
Q

If you find a large number of marijuana plants (over 2) what kind of evidence is that considered?

A

CDS Evidence

61
Q

What are the elements of robbery?

A
  1. Taking or carrying away property
  2. Force or threat of force
  3. Victim is aware while happening
62
Q

Types of theft (4)

A
  1. by deception
  2. possession of stolen property
  3. possession of lost/mislaid property
  4. theft of services
63
Q

True or False: To charge someone with an open alcoholic container, the container must contain some amount of alcohol

A

True

64
Q

True or False: You cannot be charged for possessing a handgun while you’re drunk if you have a a concealed handgun permit.

A

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.

65
Q

T/F: A man can rape his wife.

A

True

66
Q

T/F: A man can rape another man.

A

True

67
Q

T/F: Brandon forces anal sex upon Jenny. Based on these facts alone, Brandon has committed a 3rd Degree sexual offense.

A

True

68
Q

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.

A

True

69
Q

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.

A

False

70
Q

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

A

C.

71
Q

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

A.

72
Q

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

A

D. Emmett consented to the actions.

73
Q

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

A

D.

74
Q

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

A

E.

75
Q

Leaving an untended infant in car seat on a hot summer day resulting in their death

A

Involuntary mansluaght

76
Q

Homicide by motor vehicle while DUI

A

Felony

77
Q

Heat of passion killing with no cooling off period and adequate provocation

A

Voluntary manslaughter

78
Q

Homicide by motor vehicle while DUI includes death and…

A

reckless endagnerment

79
Q

Conduct which creates a substantial risk of SBI or death and it cannot involve the use of motor vehicle (except shooting from vehicle)

A

Negligence

80
Q

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.

A

Carjacking

81
Q

Unloaded postal, starter pistol club, knife, microphone cord (used to choke a person)

A

Dangerous/Deadly weapon

82
Q

Felonies taking away of property of another by force or threat of force

A

Robbery

83
Q

Basic 2nd degree Assault (non LEO) is a (grading)

A

Misdemeanor

84
Q

Intentionally inflicting SBI to a person (not in self defense) is a Felony

A

Assault in the 1st Degree

85
Q

Punching someone in the face in an offensive action

A

Assault in the 2nd Degree

86
Q

Killing spouse in fit of rage who you catch cheating

A

Murder - 2nd Degree

87
Q

A 21 year old a 15 year old have vaginal intercourse

A

Sexual Offense 3rd Degree

88
Q

Touching a man’s genitalia with a bottle against his will

A

Sexual contact

89
Q

Sexual Deviations and perversians

A

paraphalis

90
Q

Includes child sexual molestation and sexual exploitation; physical injury is NOT an element

A

Sexual child abuse

91
Q

Any movement of the victim, however slight, is sufficient for this crime

A

Kidnapping

92
Q

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

A

Theft

93
Q

Breaking and entering a home with the intent to steal

A

Burglary in the 1st Degree

94
Q

Fellation, cunnalingus, analingus, anal intercourse, and the insertion of an object or body part (other than a penis) into the anus or vagina

A

Sexual Act

95
Q

Taking a child relative unlawfully from the custody of another

A

abduction

96
Q

Thinking something in advanced

A

Premeditation

97
Q

Assisting before or after the crime

A

accessory

98
Q

Assisting during the crime

A

accomplice

99
Q

Signing your name on an unauthorized check

A

Forgery

100
Q

A wife who jumps on the back of PD who is making the arrest of her husband

A

Hindering/Obstructing

101
Q

Exposing a person’s private part to someone

A

Indecent exposure

102
Q

The crime of false statement to PD is (grading)

A

Misdemeanor

103
Q

Escaping the custody of the Police

A

Escape 2nd Degree

104
Q

Escaping the custody of a prison

A

Escape 1st Degree

105
Q

This crime requires the reporting person must know they are making a false report to PD

A

False Reports

106
Q

Failing to disclose a material change in your financial condition that would disqualify you from continuing to get public assistance

A

Public Assitance Fraud

107
Q

The crime of forgery and uttering requires what element

A

The intent to defraud

108
Q

Refusing to leave a public building when the operation is closed

A

Trespassing

109
Q

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

A

Disorderly conduct

110
Q

Torturing or cruelly beating, mutilating an animal

A

Aggravated cruelty to animals

111
Q

Peeping Tom crime with intent to invade a person’s privacy falls under what crime category

A

Tresspassing

112
Q

Concealed a bowie knife in a vehicle

A

Concealed Dangerous Weapon

113
Q

The age of a child that the securing of a fire arm law was designed to protect

A

Under 16

114
Q

Possession of 50 glassine baggies of heroin

A

PWID

115
Q

Spouse, Child, Vulnerable adult living within the residence

A

Potential victims of DV

116
Q

Finding 100 marijuanna plants

A

Intent to manufacture and Distribute CDS

117
Q

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.

A

Arson 1st Degree

118
Q

A Defendant is involved in the willful and malicious setting fire to or burning of a vehicle, building or structure.

A

Arson 2nd Degree

119
Q

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

A

Child abuse

120
Q

A person may not willfully or maliciously set fire or burn the personal property of another valued at less than $1000

A

Malicious Burning of Personal Property 2nd Degree

121
Q

A person may not willfully or maliciously set fire or burn the personal property of another valued at more than $1000

A

Malicious Burning of Personal Property 1st Degree

122
Q

A person may not willfully act in a disorderly manner than disturbs the public peace

A

Disorderly conduct

123
Q

A person may not willfully fail to obey a reasonable and lawful order that a LEO makes to prevent a disturbance of public peace

A

Disorderly Conduct - Failure to obey a lawful order

124
Q

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

A

Alcohol violation - PD

125
Q

A person may not willfully and maliciously destroy, break, injure, or deface the real or personal property of another

A

MDOP

126
Q

A person may not break and enter into a store house of another

A

4th Degree Burglary

127
Q

A person may not break and enter the dwelling of another with the intent to commit a crime

A

3rd Degree Burglary

128
Q

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

A

Breaking and Entering a motor vehicle

129
Q

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

A

2nd Degree Burglary

130
Q

A person may not break and enter the dwelling of another with the intent to commit theft or a crime of violnce

A

1st Degree Bruglary

Test 2 (6 decks)

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