Criminal Law Distinctions

Question 1

Aggravated Murder

Answer 1

AKA first-degree murder

1. Murder by prior calculation and design;
2. purposeful felony murder; OR
3. purposely causing death of another in certain circumstances.

Question 2

Explain circumstances required for “purposefully causing death of another” type of aggravated murder:

Answer 2

1. victim was under 13 YO;
2. offender was incarcerated for felony/had escaped; OR
3. victim was law enforcement officer, perpetrator had reason to know that fact; and his specific purpose was to kill a law enforcement officer.

Question 3

Murder

Answer 3

AKA second-degree murder

1. Purposely causing death of another; OR
2. Lesser form of felony murder.

Question 4

Involuntary manslaughter

Answer 4

Defendant:

1. causes death of another as proximate result of committing or attempting to commit a felony; OR
2. causes death of another as proximate result of committing or attempting to commit misdemeanor.

Question 5

Explain battery in Ohio

Answer 5

THERE IS NO CRIME OF BATTERY IN OHIO

Question 6

Assault

Answer 6

1. Recklessly causing physical injury to another; OR

2. Knowingly causing or attempting to cause physical harm to another

Question 7

Felonious assault

Answer 7

1. knowingly causing serious harm to another; OR

2. attempting to cause or causing physical harm to another with a deadly weapon

Question 8

Aggravated assault

Answer 8

Committing felonious assault under sudden passion or rage of serious provocation

Question 9

False imprisonment

Answer 9

AKA unlawful restraint

Question 10

Kidnapping

Answer 10

1. moving or restraining a person; AND
2. by force, threat, deception, or any means where the victim is under 13 or incompetent; AND
3. to hold victim for ransom, facilitate a felony, terrorize/inflict pain, engage in sex, hinder gov’t

Question 11

Sexual battery

Answer 11

engaging in sex with someone:

1. not your spouse
2. under impression that D is her spouse
3. in loco parentis with victim
4. when offender is teacher, couch, etc.
5. when offender is mental-health professional
6. offender has authority over victim

Question 12

What is age of consent in Ohio?

Answer 12

13

Question 13

Theft

Answer 13

1. intent to deprive another of property;
2. knowingly obtains or exerts control
   (a) without consent;
   (b) by going beyond consent; or
   (c) by deception, threat, or intimidation.

Question 14

Robbery

Answer 14

while committing a theft or fleeing, D:

1. possesses deadly weapon;
2. inflicts, threatens to inflict, or attempts to inflict physical harm; or
3. uses or threatens to use immediate force.

Question 15

Burglary

Answer 15

1. trespass in occupied structure by force, stealth, or deception;
2. with intent to commit crime

Question 16

Aggravated burglary

Answer 16

During a burglary, D:

1. inflicts, attempts to inflict, or threatens to inflict physical harm; or
2. is armed with deadly weapon.

Question 17

Test for mental insanity:

Answer 17

Defendant did not know at time of offense that his conduct was wrong because of severe mental disease/defect.

Question 18

When is voluntary intoxication a defense?

Answer 18

Only to show that D was not physically capable of committing the offense.