Criminal Law Flashcards
Theft by taking involves the culpable mental state of what?
Intent
Takes, appropriates, obtains, or withholds….
Theft by taking
Comes into control of property that the person knows or has reason to believe has been lost, mislaid, or delivered under mistake….
Theft of lost/mislaid property
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…
Extortion
-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
theft by deception
receives, retains, conceals or disposes property of another knowing the property was subject of a theft
theft by receiving
Theft III has what elements?
property valued less than $100 ($99.99)
three aggregated offenses occur in the same day and the total value is EXACTLY $100 dollars. what level of theft has been comitted?
Theft II
Class b misdemeanor
$100 - $1000 in property has been stolen. what level of theft has occurred?
Theft II
-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
Theft I
theft of property aggregated or single totaling $10,000
excludes motor vehicle
aggravated theft
purports of being any age other than true age with intent of securing a right, benefit, or privilege……
misrepresentation of age by a minor
entry of ANY part of a veh with ANY part of body or item attached to body is…?
UEMV
culpable mental state that means….conscious objective to cause a result
“intentional”
Strict liability is present in a statute when there is no what?
culpable mental state
creates substantial risk of death, protracted disfigurement, protracted impairment of health, loss of function of bodily organ
serious physical injury
lasting for a long time or longer than expected or usual
protracted
impairs a person’s physical condition, causes substantial pain
physical injury
what will never be considered a dangerous or deadly weapon?
body parts
what four mental states are there for Assault IIII?
intentionally, recklessly, knowingly, criminal negligence
fails to be aware of an unjustifiable risk?
criminal negligence.
acts with a conscious objective
intentionally
acts with awareness
knowingly
if the building is a dwelling the burg is ?
Burglary I, A felony
if the building is a building only…the burg is a?
Burg II, c felony
receives, retains, conceals, or disposes of property of another knowing or having good reason to know the property is stolen
theft by receiving
intent to avoid payment thereof, ………by force, threat, deception, or other means to avoid payment
theft of services
Taking the victim from one place to another,
kidnapping
————- 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
Asportation
is distance a factor in determining if the crime of kidnapping has occurred?
not necessarily, because the ending location – more mobile and isolated – must be
qualitatively different than the beginning location
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
Kidnapping I !
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
custodial interference
what criminal element raises the crime of custodial interference from second to first degree?
expose to substantial risk of illness or injury.
compels or induces (making victim do something, or threat such as “if you …..then ……”)
Coercion
no person under the age of 18 in Oregon can legally consent….. t or f?
true
intent to cause public
inconvenience, annoyance or alarm, or recklessly creating a risk
obstruction of traffic
Threatening or tumultuous behavior
disorderly conduct II
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
disorderly conduct I
person
engaged in tumultuous and violent conduct and thereby intentionally or recklessly creates a GRAVE risk
of causing public alarm
Riot
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,
Harrasment
(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.
Aggravated Harassment
-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
Telephonic Harassment
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
interference with public transportation
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
UNLAWFUL USE OF A WEAPON
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.
schedule I
Drugs in this schedule have a high potential for abuse which may lead to severe
psychological or physical dependence.
schedule II
Drugs in this schedule have a potential for abuse, and abuse may lead to moderate
or low physical dependence or high psychological dependence
schedule III
Drugs in this schedule have a low potential for abuse relative to Schedule III
drugs.
schedule IV
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.
Schedule V
PCS, MCS and DCS mean what?
PCS = possession of controlled substance/DCS=delivery of controlled substance
MCS= manufacture or controlled substance
what are the four ways you can deliver drugs?
actual transfer/constructive transfer/attempted transfer/possession with intent to transfer
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?
No. ORS 475.898 creates a limited immunity
ATTEMPT is equal to what ?
substantial steps toward the crime
steps to drug charges under the new statutes includes???
1) Deflection
2) Diversion
3) Criminal process
things that enhance DCS crimes?
substantial quantities
supersubstantial quantities
commercial drug offenses
delivery to minors
location
consideration
MIP … minor in possession is what level offense?
b violation
A criminal that does not go far out of theirs way to commit the crime is most likely operating under what theory of crime?
Routine activity theory
Idea that crime can be prevented if there is less opportunity by improving the surroundings in an area and increasing police presence.
Situational crime prevention theory
people who think more crime happens in the ghetto than in an outlet mall subscribe to what theory of crime?
broken windows theory.
