Criminal Law 3: Person Crimes Flashcards

1
Q

Physical Injury

A

an injury that impairs a person’s physical condition or causes substantial pain

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2
Q

Serious Physical Injury

A

A physical injury which:
- creates substantial risk of death; or
- causes serious and protracted disfigurement; or
- causes protracted impairment of health; or
- causes protracted loss or impairment of the function of a bodily organ

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3
Q

Any weapon, device, instrument material or substance which under the circumstances in which it is
used, attempted to be used, or threatened to be used, is readily capable of causing death or serious
physical injury.

A

Dangerous Weapon

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4
Q

Any instrument, article, or substance specifically designed for and presently capable of causing death
or serious physical injury.

A

Deadly Weapon

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5
Q

Physical force

A

Includes, but is not limited to, the use of an electrical stun gun, tear gas or mace.

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6
Q

Means physical force that under the circumstances in which it is used is readily capable of causing
death or serious physical injury.

A

Deadly Physical Force

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7
Q

State v. Taylor

A

The threat of deadly force does not constitute the use of deadly force

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8
Q

Assault IV – ORS 163.160

A

Intentionally, knowingly or recklessly causes physical injury to another; or
o with criminal negligence causes physical injury to another by means of a deadly
weapon.
o with criminal negligence causes serious physical injury to another who is a vulnerable user of a public way, as defined in ORS 801.608, by means of a motor vehicle

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9
Q

Types of homicide

A
  • Murder (II, I, Aggravated)
  • Manslaughter (II, I)
  • ## Criminally negligent homicide
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10
Q

The charge when someone causes the death of another with criminal negligence

A

Criminal negligent homicide

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11
Q

Kidnapping

A
  • taking the victim from one place to another or secretly confining the victim in a place where the victim is not likely to be found; and
  • doing so with the intent to substantially interfere with the victim’s personal liberty
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12
Q

Custodial Interference

A
  • the suspect knows he or she has no legal right to do so while the suspect takes, entices, or keeps another person from that person’s lawful custodian, and
  • the suspect has the intent to hold the victim permanently or for a protracted period of time
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13
Q

What satisfies asportation?

A

if the ending location is qualitatively different than the beginning location

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14
Q

If you have kidnapping and:
- compelling any person to pay or deliver money or property as ransom;
- to hold the victim as a shield or hostage;
- to cause physical injury to the victim;
- to terrorize the victim or another person; or
- to further the commission or attempted commission of any of the following crimes against the victim: rape I, sodomy I, unlawful sexual penetration I
What is this?

A

Kidnapping in the First Degree

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15
Q

_____ requires a person to use fear of a particular consequence as a means to influence or persuade
a victim to alter his or her course of conduct—to do something that the victim otherwise would not have
done or to not do something which the victim otherwise would have done.

A

Coercion

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16
Q

A suspect commits _____ when the suspect has sexual intercourse with another person without the consent of that person

A

Rape

17
Q

Sexual intercourse with a victim under 16 y/o

A

Rape III

18
Q

Sexual intercourse with a victim under 14 y/o

A

Rape II

19
Q

sexual intercourse with a victim who is:
- subjected to forceable compulsion;
- under 12 y/o;
- under 16 y/o and is the suspect’s sibling, of the whole or half-blood, or the suspect’s child or the suspect’s spouse’s child; or
- incapable of consent by reason of mental incapacitation, physical helplessness or incapacity of appraising the nature of the victim’s conduct

A

Rape I

20
Q

A suspect commits _____ when the suspect has oral or anal sexual intercourse with another person without the consent of that person

A

Sodomy

21
Q

A suspect commits ____ _____ ____ when the suspect penetrates the vagina, anus, or penis of another with any object (includes any body part of the actor) without consent of that person

A

Unlawful sexual penetration

22
Q

In its most common form, a suspect commits ____ _____ when the suspect subjects the victim to sexual contact, and the victim does not consent

A

Sexual Abuse

23
Q
A