Criminal Law 3: Person Crimes Flashcards
Physical Injury
an injury that impairs a person’s physical condition or causes substantial pain
Serious Physical Injury
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
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.
Dangerous Weapon
Any instrument, article, or substance specifically designed for and presently capable of causing death
or serious physical injury.
Deadly Weapon
Physical force
Includes, but is not limited to, the use of an electrical stun gun, tear gas or mace.
Means physical force that under the circumstances in which it is used is readily capable of causing
death or serious physical injury.
Deadly Physical Force
State v. Taylor
The threat of deadly force does not constitute the use of deadly force
Assault IV – ORS 163.160
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
Types of homicide
- Murder (II, I, Aggravated)
- Manslaughter (II, I)
- ## Criminally negligent homicide
The charge when someone causes the death of another with criminal negligence
Criminal negligent homicide
Kidnapping
- 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
Custodial Interference
- 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
What satisfies asportation?
if the ending location is qualitatively different than the beginning location
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?
Kidnapping in the First Degree
_____ 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.
Coercion