Criminal Law Flashcards
Elements of Transportation of Stolen Goods (18 USC 2324)
Transports in interstate or foreign commerce.
Goods, wares, merchandise, or securities.
Knowing the same to be stolen.
Minimum value of 5000
Felony.
Elements of Piracy (18 USC 1651)
Illegal acts of Violence Seaward of the territorial sea of any nation. For private ends (not government) By crew or passengers of one ship. Against another ship.
Felony.
Universal crime, contact opcon.
Elements of Violence against maritime navigation. (18 USC 2280)
Unlawful or intentional:
Doing anything that harms vessel nav systems or equipment.
Injuring or killing persons contributing to nav, in connection with acts described above.
Felony.
Elements of Firearms: Prohibited Acts. (26 USC 5862 )
Any person
Receives or possesses
A federally regulated firearm
Which is NOT registered to that person
(ATF Form 5320.4 or form 4, is recommended to be with the weapon.)
Felony
What are some regulated firearms?
Machine Guns Short-barreled shotguns Short-barreled rifles Mufflers or silencers Destructive devices Other misc weapons
Firearm definition.
Any weapon, including starter gun, which will or can be easily made to expel a projectile by explosive; the frame or receiver of any such device, or the firearm muffler or silencer, or any destructive device.
Regulated Shotgun
A shotgun having a barrel less than 18”, or length overall less than 26”
Regulated Rifle
Rifle barrel less than 16”, or less than 26” length over all.
Machine Gun Def:
Gun capable of automatic fire w/ or w/out a selector switch.
Elements of Firearms: serial number and transportation violations (26USC5861 [g,h,i,j]
Any person who:
Alters serial number any way, or receives/possesses altered or missing.
Transports, delivers, or receives firearm in interstate commerce and which has not been registered.
Felony
Elements of Firearm unlawful acts. (18USC922 [g])
Any person who is any of the following:
Convicted felon (other than white collar)
Dishonorably discharged
Adjudicated as mentally incompetent, or committed to any mental institution
Illegal alien
Fugitive from justice
Unlawful user or addicted to controlled substance
Restraining order from harassing, stalking, or threatening partner or child of partner.
Misdemeanor conviction for domestic violence
May not have interstate or foreign,
Firearm or ammunition.
Elements of Controlled substance: maritime drug law enforcement act (46USC70503)
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Elements of Theft Within the Special Maritime and Territorial Jurisdiction (18 USC 661)
Within SMTJ.
Takes and carries away.
With the intent to steal.
The property of another.
Misdemeanor: value under 1000
Felony: exceeds 1000, or property of another.