Criminal Law Flashcards
Crime
Conduct defined as criminal in the Code, other acts, or the Constitution
Interpret
- Give provisions genuine construction according to fair import of words taken in the usual sense
- No Creation of Crimes by Analogy
Anything of Value
Dangerous Weapon
Felony
Misdemeanor
Anything of Value - Corporeal or Incorporeal, Given Broadest possible construction
Dangerous Weapons - Anything which in manner used calculated or likely to produce death or great bodily harm
Felony - Death or Hard labor sentence authorized
Misdemeanor - Any crime not a felony
Parties
Principals
- Commit Criminal Act
- Aids, abets, counsels, or procures another to commit whether at the scene or not
Accessories After the Fact
- After Felony
- Harbors, conceals or aids with actual or constructive knowledge of felony and intent to help avoid punishment
Mens Rea
- Intent
a. General
i. When offender aware of criminal consequences reasonable certain to result from act or omission
b. Specific
i. When offender actively desired criminal consequences to follow act of omission - Criminal Negligence
a. Gross Deviation below the standard of care maintained by reasonable careful man under like circumstances
Homocide –> First Degree Murder
- Specific intent to kill or cause Great Bodily Harm
- And
a. Enumerated Felony
i. Kidnapping: Aggravated or Second Degree
ii. Aggravated Escape
iii. Aggravated Arson
iv. Aggravated or Forcible Rape
v. Aggravated Burglary
vi. Robbery
vii. Assault by Drive by shooting
viii. Cruelty to Juveniles
ix. Terrorism
b. Specific Intent to kill 2+ Victims
c. Fireman or Law Enforcement Officer
d. Murder for Hire
e. Victim is under the age of 12 or over the age of 65
f. Engaged in Drug Distribution or Purchase
g. Engaged in Ritualistic Acts
h. No Contact Order exists
i. Victim or family member is a witness
j. Prior killing with specific intent to kill/GBH
Homocide –> Second Degree Murder
- Specific Intent to kill or Cause GBH OR
- Death during OR
a. Aggravated or Forcible Rape
b. Aggravated Arson
c. Aggravated Burglary
d. Aggravated or Second Degree Kidnapping
e. Aggravated Escape
f. Assault by drive by shooting
g. Robbery
h. Cruelty to Juveniles
OR
- Death Caused by Ingestion of Controlled Dangerous Substances
Homocide –> Manslaughter
Murder But in sudden passion or heat of blood caused by adequate provocation OR
Unintentional homicide while committing an unenumerated felony, or an intentional misdemeanor against the person or resisting lawful arrest
Homocide –> Negligent Homocide
i. Negligence
1. Killing by criminal negligence
a. Violation of statute is presumptive evidence of negligence
ii. Killing because of reckless or negligent animal handling (not if service dog or victim intruder)
Vehicular Homocide
Feticide
Criminal Assistance to Suicide
Vehicular Homicide
i. Perpetrator operating vehicle/boat//place while under the influence of drugs or alcohol
Feticide
- First Degree = like 2d murder
- Second Degree = like manslaughter
- Third Degree = negligent/vehicular homicide
- Partial Birth Abortion
Criminal Assistance to Suicide
- Advising or Encouraging or providing means with knowledge of use
Battery
Simple
- Intentional use of force or violation or intentional administration of a noxious substance without consent of victim
Aggravated
- Battery with a dangerous weapon
Second Degree
- Battery and intentional serious bodily injury (Not HCP)
Misc
- Police officer, school teacher, referee, correctional officer, bus operator, child welfare worker, inform, domestic abuse
Assault
Simple
- Attempt to commit battery or
- Intentional Placing of another in reasonable apprehension of recognizing battery
- Without a dangerous weapon
Aggravated
- Assault with a dangerous weapon
Aggravated assault with a firearm
- assault with discharge of firearm
Misc: Drive by shooting, peace officer with firearm, laser on police officer, school teacher, mingling harmful substances, child welfare worker, utility worker with gun
Rape
Anal, Oral, or Vahinal Intercourse without consent
- Penetration required
Aggravated
- Victim is 65+ or under 13
- Victim resists to utmost and is overcome by force
- Victim is prevented from resisting by credible threats of great and immediate bodily harm or the perpetrator is armed with a dangerous weapon or the victim has a physical or mental infirmity
- Two or more offenders participated
Forcible
- Victim prevent from resisting by threats of physical violence and victim reasonably believes threats won’t prevent
- Victim cannot resist because drugged by perp
Simple
- Victim intoxicated and perp knew or should have known
- Victim incapable of understanding act and perpetrator knew or should have known
- Female victim believed perp was husband because of artifice
Sexual Battery
Sexual Battery
- Victim did not consent OR Victim consented, but is nonspouse who is less than 15 and 3 years younger than the perp and the perp initially touches the anus or genitals of victim or made victim touch his or hers but not in the normal care of victim
Second Degree
- Perp initially touched anus or genitals of victim or made victim touch his or hers and perpetrator intentionally inflicts serious bodily injury
Oral
- Victim is nonspouce who is under 15 and three years younger than perp and it is the same as sexual battery but with mouth or tongue and no exception for infant care
Intentional Exposure to AIDS
- through any means without knowing and lawful consent
Carnal Knowledge of a Juvenille
Felony
- Consensual penetration of nonspouse and offender is 17 years of age or longer and victim is 13-16 and age differential is greater than or equal to four years
a. Lack of knowledge of age is no defense
Misdemeanor
- Same but age differential is 2-3 years
- Felony if prior offense
Misc. Sex Crimes
Computer aided solicitation for sexual purposes of a minor and includes texting
Indecent behavior with juveniles
Prohibited Sexual Conduct between educator and student 4+ years apart when student is 17-21 (Consent/Knowledge of Age difference doesn’t matter)
Trafficking in children for sexual purposes
Unauthorized use of wireless router to download child porn
Kidnapping
Aggravated Kidnapping
- Forcibly seizing and carrying from one place to another or persuading of person to go from one place to another or forcibly secreting any person to either force someone to give up something of value in order to secure release
Second Degree
- Forcibly seizing and carrying from one place to another or persuading of a person to go from one place to another or forcibly secreting any person when the victim is
a. used as a shield or hostage
b. used to facilitate felony or flight from felony
c. injured or sexually abused
d. imprisoned for 72+ Hours
e. Imprisoned when perp has or suggests he has dangerous weapon
Aggravate Kidnapping of Child
- Taking, enticing or removing child who is older than 13 from a location for unlawful purpose by perpetrator not parent, grandparent, or guardian with intent to secret child from parent or guardian
Simple
- Intentional and forcible seizing and carrying of person from one place to another without consent
- Intentional taking for unlawful purpose of child with another who is older than 14 without consent of parent/guardian
- Intentional Taking of Institutionalized person without consent of proper authority
- Intentional Taking Child out of state from custodian with intent to degeat jurisdiction
Interference with Child Custody
Intentional taking of minor by parent without right of custody with intent to take child from other parent with right of custody
False Imprisonment
General
- Intentional confinement or detention of another without consent and without proper legal authority
With Dangerous Weapon
- Unlawful intentional confinement of another while perpetrator armed with dangerous weapon
Human Trafficking
Recruiting, harboring, transporting or soliciting a person to provide services or labor through fraud, force or coercion
Robbery
Armed
i. Taking of anything of value belong to another from the person of another or in their immediate control by use of force or intimidation while armed with a dangerous weapon
First Degree
i. Same as armed robbery, but perpetrator has no dangerous weapon but leads victim to reasonably believe he is armed with a dangerous weapon
Second Degree
i. Taking of anything of value belonging to another from the person of another or their immediate control and the perpetrator intentionally inflicts bodily harm
Simple
i. Taking of Anything of value belonging to another from the person of another or their immediate control a
Misc
i. Carjacking is the intentional taking of a motor vehicle belonging to another in presence of person in possession of vehicle by use of force or intimidation
ii. Purse snatching is the theft of anything of value within the purpose or wallet from the person of another or their immediate control by force, intimidation or snatching and not armed with a dangerous weapon
iii. Extortion is communication of threats to another with intention to obtain anything of value or any advantage
Buglary
Aggravated
- Unauthorized entering of an inhabitated dwelling or structure/movable where person is present with intent to commit felony or theft and the offender is armed or becomes armed with a dangerous weapon or commits a battery
Simple
- Unauthorized entering of any dwelling, vehicle, other structure or cemetery with intent to commit felony or theft
Simple Of
- Inhabitated dwelling
- Pharmacy
- Religious Building
Unauthorized Entry
Of Critical Infrastructure
- Intentional entry without authority completely enclosed by barrier
Of Inhabitated Dwelling
- Unauthorized entry without authority of structure used as home
Place of Business
Dwelling during disaster, unless attempting rescued or refuse
Home Invasion
Unauthorized entry of home when person present with specific intent to use force against person or harm property
Trespass
Criminal Trespass
- Entering or remaining movable or immovable owned by another without express, legal or implied authorization BUT OK if
a. Police, Fire, EMT, government agent
Entry on or remaining in place after being forbidden
Looting
Intentional entry on any immovable or movable when normal security is not present because of force majeure or riot (enhanced penalties if state of emergency)
Arson
Aggravated
- Intentional damaging by explosion or fire of structure or movable and it is foreseeable that human life might be endangered
Simple
- Intentional Damaging by explosion or fire of property without consent
Misc
- Religious building, intent to defraud, placing combustible materials near structure, movable or forestland with specific intent to set fire is an attempted arson, manufacture of delayed action incendiary device, manufacture or possession of a bomb, manufacture or possession fake explosive device, communicating false information re planned arson, communicating false information re planned bombing at school
Criminal Damage to Property
Aggravated
- Intentional damaging of structure or movable other than fire or explosion foreseeable that human life might be endangered
Simple
- Intentional Damaging of property without consent other than by fire/explosion
Misc:
- Operated device, pipeline facility, genetically engineered crops, intent to defraud, contaminating water supply, defacing with graffiti
Criminal Mischief
Tampering with property of another, false fire alarm, false report of crime, throwing missile in public place, remaining in place of business after being told to leave, discharge of firearm at train, property with consent
Theft
Misappropriation or taking without consent or by means of fraud of anything of value belong to another with specific intent to permanently deprive
Specific
- Authorized use of access card, live stock, animals, utility services, petroleum products, identity, firearm.
Possession of Stolen Things
Intentional possessing of anything of value which ahs been the subject of robbery or theft when the perp knew or had good reason to believe the thing was stolen
- Affirm Defense if write to DA within 72 hours of acquisition
Illegal Possession of stolen firearms
Unauthorized Activity
Use of movable
- Intentional taking or use of movable that belongs to another without consent or by fraud without intent to permanently deprive
Use of foodstamps/coupons
Removal of car from garage when payment is due
Unauthorized ordering of goods/services
Inchoate Crimes
Attempt
- Specific intent to commit a crime
- Does or Omits Act
- For purpose of and tending directly toward accomplishing object
Conspiracy
- Agreement or Combination of two or more persons for specific purpose of committing any crime
a. need an overt act in furtherance
Solicitation for Murder
Inciting a Felony
- Inciting or procuring another person to commit a felony
Motor Vehicle Crimes
DWI
- Operating any vehicle with or without a Drivers License
- When under the influence of alcohol or under influences of controlled distributed substances or under influence of lawful drug in excessive dose
Reckless Operation of Vehicle
Hit and Run
- Intentional Failure to stop and give identity and render aid at scene of accident
Forgery of Insurance ID Cards
Driving with suspended license
Disturbing the Peace
First Fight; appearing intoxicated; use of offensive or derisive words in a public place if would foreseeably disturb or alarm the public
Firearms
Possession on premises of alcoholic beverage outlet
Possession by a convicted felon for a violent crime
Supplying a known felon with a firearm
Intentional Concealment of Firearm or other weapon on one’s person
Law Enforcement Crimes
Resisting an Officer
- Intentional interference or resisting lawful arrest
Flight From Officer
- Failure to bring vehicle or boat to stop after visual and audible signal when officer has probable cause
- Aggravated Flight From Officer: If human life Is endangered
After the Fact Crimes
Obstruction of Justice
- Tampering with evidence or threatening force or retaliating in re testimony when act has or reasonably may affect potential criminal procedure
Accessory After the Fact
- Harbors, conceals, or aids felon
- Knows or reasonably should know person committed felony
- specific intent to avoid punishment
Compounding Felony
- Getting money from offender to agree to withhold information re felony
iv. Intimidating witness
Drug Crimes
Possession of Controlled Dangerous Substance
Possession of CDS with intent to distribute
Possession of hallucinogenic plant with intent to distribute
Defenses
Infancy
i. Defendant less than ten years old
Insanity
i. Defendant incapable of distinguishing between right and wrong because of mental disease or defect
Intoxication
i. Involuntary
1. Defense if intoxicant was direct cause of the crime
ii. Voluntary
1. Defense only if intoxicant precluded SI or special knowledge of element of crime
Mistake
i. Of Fact
1. reasonable mistake of fact that precludes mental element is a defense unless provided otherwise in the statute
ii. Of Law
1. Ignorance of Law is no defense
2. Unless defendant reasonably relied on act of repeal by legislature or defendant reasonably relied on judgment of Supreme Court that law was unconstitutional
Duress
i. Threat of Death or GBH to defendant when defendant reasonably believed person is present and harm is imminent
ii. Not a defense to murder
Justification
i. Justifiable Homicide
1. Self Defense: Defendant in imminent danger of receiving GBH killing necessary to save self
a. Aggressor cannot claim unless withdrawal
2. Prevent Felony
a. Force used to prevent violent or forcible felony involving GBH and defendant had reasonable belief offense imminent and defendant had reasonable belief force was necessary to prevent
3. Shoot the Burglar
a. Defendant used force against person in dwelling, business or car while person was committing burglary or robbery and person was reasonably likely to use unlawful force v. an occupant
4. Shoot the Intruder
a. Defendant used force against a person unlawfully in or attempting to get in dwelling, business or car that the defendant was lawfully inside and the defendant reasonably believes deadly force necessary to prevent entry or compel intruder to leave
i. Presumption: If lawfully inside, belief in necessary to prevent entry is presumed
ii. Use of nonlethal force
1. Defendant used force to prevent forcible offense or trespass against property in a person’s lawful possession
iii. Law Enforcement
iv. Defense of Others: Ok if person attacked could have used same means
