Criminal Law Flashcards

1
Q

Theft by taking involves the culpable mental state of what?

A

Intent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Takes, appropriates, obtains, or withholds….

A

Theft by taking

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

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

A

Theft of lost/mislaid property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

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…

A

Extortion

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

-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

A

theft by deception

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

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

A

theft by receiving

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Theft III has what elements?

A

property valued less than $100 ($99.99)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

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

A

Theft II
Class b misdemeanor

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

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

A

Theft II

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

-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

A

Theft I

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

theft of property aggregated or single totaling $10,000

excludes motor vehicle

A

aggravated theft

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

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

A

misrepresentation of age by a minor

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

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

A

UEMV

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

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

A

“intentional”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

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

A

culpable mental state

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

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

A

serious physical injury

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

lasting for a long time or longer than expected or usual

A

protracted

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

impairs a person’s physical condition, causes substantial pain

A

physical injury

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

what will never be considered a dangerous or deadly weapon?

A

body parts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

what four mental states are there for Assault IIII?

A

intentionally, recklessly, knowingly, criminal negligence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

fails to be aware of an unjustifiable risk?

A

criminal negligence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

acts with a conscious objective

A

intentionally

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

acts with awareness

A

knowingly

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

if the building is a dwelling the burg is ?

A

Burglary I, A felony

25
if the building is a building only...the burg is a?
Burg II, c felony
26
receives, retains, conceals, or disposes of property of another knowing or having good reason to know the property is stolen
theft by receiving
27
intent to avoid payment thereof, .........by force, threat, deception, or other means to avoid payment
theft of services
28
Taking the victim from one place to another,
kidnapping
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
Asportation
30
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
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
Kidnapping I !
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
custodial interference
33
what criminal element raises the crime of custodial interference from second to first degree?
expose to substantial risk of illness or injury.
34
compels or induces (making victim do something, or threat such as "if you .....then ......")
Coercion
35
no person under the age of 18 in Oregon can legally consent..... t or f?
true
36
intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk obstruction of traffic Threatening or tumultuous behavior
disorderly conduct II
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
disorderly conduct I
38
person engaged in tumultuous and violent conduct and thereby intentionally or recklessly creates a GRAVE risk of causing public alarm
Riot
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,
Harrasment
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.
Aggravated Harassment
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
Telephonic Harassment
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
interference with public transportation
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
UNLAWFUL USE OF A WEAPON
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.
schedule I
45
Drugs in this schedule have a high potential for abuse which may lead to severe psychological or physical dependence.
schedule II
46
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
47
Drugs in this schedule have a low potential for abuse relative to Schedule III drugs.
schedule IV
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.
Schedule V
49
PCS, MCS and DCS mean what?
PCS = possession of controlled substance/DCS=delivery of controlled substance MCS= manufacture or controlled substance
50
what are the four ways you can deliver drugs?
actual transfer/constructive transfer/attempted transfer/possession with intent to transfer
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?
No. ORS 475.898 creates a limited immunity
52
ATTEMPT is equal to what ?
substantial steps toward the crime
53
steps to drug charges under the new statutes includes???
1) Deflection 2) Diversion 3) Criminal process
54
things that enhance DCS crimes?
substantial quantities supersubstantial quantities commercial drug offenses delivery to minors location consideration
55
MIP ... minor in possession is what level offense?
b violation
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?
Routine activity theory
57
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
58
people who think more crime happens in the ghetto than in an outlet mall subscribe to what theory of crime?
broken windows theory.
59