Criminal Law

Question 1

Theft by taking involves the culpable mental state of what?

Answer 1

Intent

Question 2

Takes, appropriates, obtains, or withholds….

Answer 2

Theft by taking

Question 3

Comes into control of property that the person knows or has reason to believe has been lost, mislaid, or delivered under mistake….

Answer 3

Theft of lost/mislaid property

Question 4

instilling fear that if property or services are not so delivered or if unlawful conduct reported, the actor will cause physical injury, unlawful damage, engage in other criminal conduct…

Answer 4

Extortion

Question 5

-intent to defraud: creates or confirms another’s false impression of law, value
-fails to correct false impression
-promise performance that person does not intend to perform

Answer 5

theft by deception

Question 6

receives, retains, conceals or disposes property of another knowing the property was subject of a theft

Answer 6

theft by receiving

Question 7

Theft III has what elements?

Answer 7

property valued less than $100 ($99.99)

Question 8

three aggregated offenses occur in the same day and the total value is EXACTLY $100 dollars. what level of theft has been comitted?

Answer 8

Theft II
Class b misdemeanor

Question 9

$100 - $1000 in property has been stolen. what level of theft has occurred?

Answer 9

Theft II

Question 10

-total or aggregated value is over $100 dollars
-committed during a riot, fire, explosion, catastrophe, or emergency
- livestock animal, companion animal, or wild animal
-firearm
-precursor substance
-during theft, recklessly engages in conduct that would cause serious physical injury

Answer 10

Theft I

Question 11

theft of property aggregated or single totaling $10,000

excludes motor vehicle

Answer 11

aggravated theft

Question 12

purports of being any age other than true age with intent of securing a right, benefit, or privilege……

Answer 12

misrepresentation of age by a minor

Question 13

entry of ANY part of a veh with ANY part of body or item attached to body is…?

Answer 13

UEMV

Question 14

culpable mental state that means….conscious objective to cause a result

Answer 14

“intentional”

Question 15

Strict liability is present in a statute when there is no what?

Answer 15

culpable mental state

Question 16

creates substantial risk of death, protracted disfigurement, protracted impairment of health, loss of function of bodily organ

Answer 16

serious physical injury

Question 17

lasting for a long time or longer than expected or usual

Answer 17

protracted

Question 18

impairs a person’s physical condition, causes substantial pain

Answer 18

physical injury

Question 19

what will never be considered a dangerous or deadly weapon?

Answer 19

body parts

Question 20

what four mental states are there for Assault IIII?

Answer 20

intentionally, recklessly, knowingly, criminal negligence

Question 21

fails to be aware of an unjustifiable risk?

Answer 21

criminal negligence.

Question 22

acts with a conscious objective

Answer 22

intentionally

Question 23

acts with awareness

Answer 23

knowingly

Question 24

if the building is a dwelling the burg is ?

Answer 24

Burglary I, A felony

Question 25

if the building is a building only...the burg is a?

Answer 25

Burg II, c felony

Question 26

receives, retains, conceals, or disposes of property of another knowing or having good reason to know the property is stolen

Answer 26

theft by receiving

Question 27

intent to avoid payment thereof, .........by force, threat, deception, or other means to avoid payment

Answer 27

theft of services

Question 28

Taking the victim from one place to another,

Answer 28

kidnapping

Question 29

------------- refers to the act of removing someone else’s property in committing the crime of larceny or theft, or of moving a person against their will as an element in some other crime against them

Answer 29

Asportation

Question 30

is distance a factor in determining if the crime of kidnapping has occurred?

Answer 30

not necessarily, because the ending location – more mobile and isolated – must be qualitatively different than the beginning location

Question 31

To compel any person to pay or deliver money or property as ransom; o To hold the victim as a shield or hostage; o To cause physical injury to the victim; o To terrorize the victim or another person; or o To further the commission or attempted commission of any of the following crimes against the victim: Rape I, Sodomy I, Unlawful Sexual Penetration I

Answer 31

Kidnapping I !

Question 32

now legal right to do so, takes, entices, keeps another person from that person's lawful custodian.....has intent to hold for protracted(long) period of time

Answer 32

custodial interference

Question 33

what criminal element raises the crime of custodial interference from second to first degree?

Answer 33

expose to substantial risk of illness or injury.

Question 34

compels or induces (making victim do something, or threat such as "if you .....then ......")

Answer 34

Coercion

Question 35

no person under the age of 18 in Oregon can legally consent..... t or f?

Answer 35

true

Question 36

intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk obstruction of traffic Threatening or tumultuous behavior

Answer 36

disorderly conduct II

Question 37

intent to cause public inconvenience, annoyance or alarm, or knowingly creating a risk thereof, the person initiates or circulates a report, knowing it to be false

Answer 37

disorderly conduct I

Question 38

person engaged in tumultuous and violent conduct and thereby intentionally or recklessly creates a GRAVE risk of causing public alarm

Answer 38

Riot

Question 39

intentionally: annoys another person by.....Subjecting such other person to offensive physical contact OR Subjects another to alarm by conveying a false report, known by the conveyor to be false, concerning death or serious physical injury to a person,

Answer 39

Harrasment

Question 40

(Staff member) Knowingly propels saliva, blood, urine, semen, feces, or other dangerous substance at the person while the person is acting in the course of official duty. (Public safety officer) Knowingly propels a dangerous substance as above, with the exception of saliva. (Public safety officer) Intentionally propels saliva at the person, and the saliva comes into physical contact with the person.

Answer 40

Aggravated Harassment

Question 41

-causing the telephone of the other person to ring, such caller, having no communicative purpose -causing such other person's telephone to ring, knowing that the caller has been forbidden from so -By sending to, or leaving at, the other person's telephone a text message, voice mail, or any other message, knowing that the caller has been forbidden from so doing

Answer 41

Telephonic Harassment

Question 42

Intentionally or knowingly enters or remains unlawfully in or on a public transit vehicle or public transit station interferes with the provision or use of public transportation services by, among other things, interfering with the movement of, or access to, public transit vehicles While in or on a public transit vehicle or public transit station, engages in disorderly conduct II

Answer 42

interference with public transportation

Question 43

Attempts to use unlawfully against another, or carries or possesses with intent to use unlawfully against another, any dangerous or deadly weapon OR... Intentionally discharges a firearm, blowgun, bow and arrow, crossbow or explosive device within the city limits of any city or within residential areas within urban growth boundaries at or in the direction of any person, building, structure or vehicle within the range of the weapon without having legal authority for such discharge

Answer 43

UNLAWFUL USE OF A WEAPON

Question 44

Drugs in this schedule do not have an accepted medical use, are unsafe even when used under medical supervision, and have a high potential for abuse.

Answer 44

schedule I

Question 45

Drugs in this schedule have a high potential for abuse which may lead to severe psychological or physical dependence.

Answer 45

schedule II

Question 46

Drugs in this schedule have a potential for abuse, and abuse may lead to moderate or low physical dependence or high psychological dependence

Answer 46

schedule III

Question 47

Drugs in this schedule have a low potential for abuse relative to Schedule III drugs.

Answer 47

schedule IV

Question 48

Drugs in this schedule have a low potential for abuse relative to Schedule IV drugs and are primarily preparations containing limited quantities of certain narcotics.

Answer 48

Schedule V

Question 49

PCS, MCS and DCS mean what?

Answer 49

PCS = possession of controlled substance/DCS=delivery of controlled substance MCS= manufacture or controlled substance

Question 50

what are the four ways you can deliver drugs?

Answer 50

actual transfer/constructive transfer/attempted transfer/possession with intent to transfer

Question 51

if evidence of the offense was obtained because emergency medical services or the law enforcement agency was contacted to obtain necessary medical assistance for a drug related overdose, can there be a charge of PCS?

Answer 51

No. ORS 475.898 creates a limited immunity

Question 52

ATTEMPT is equal to what ?

Answer 52

substantial steps toward the crime

Question 53

steps to drug charges under the new statutes includes???

Answer 53

1) Deflection 2) Diversion 3) Criminal process

Question 54

things that enhance DCS crimes?

Answer 54

substantial quantities supersubstantial quantities commercial drug offenses delivery to minors location consideration

Question 55

MIP ... minor in possession is what level offense?

Answer 55

b violation

Question 56

A criminal that does not go far out of theirs way to commit the crime is most likely operating under what theory of crime?

Answer 56

Routine activity theory

Question 57

Idea that crime can be prevented if there is less opportunity by improving the surroundings in an area and increasing police presence.

Answer 57

Situational crime prevention theory

Question 58

people who think more crime happens in the ghetto than in an outlet mall subscribe to what theory of crime?

Answer 58

broken windows theory.