Day 1 Flashcards
Statute of Limitations
Starts day after offense is committed
Homicide
Chapter title ONLY
Bodily injury
Pain only
Serious bodily injury
Risk of death / permanent disfigurement
Significant bodily injury
Temporary loss of function (swollen eye, bloody nose)
Deadly weapon
Anything used to cause death or SBI
Murder - 2C:11-3
Purposely knowingly
Cause death
Of another
including injury leading to death
Felony murder
In commission of Robbery Burglary Sex assault Kidnapping Arson Criminal escape Terrorism
Unintentionally kill another
Manslaughter - 2C:11-4
Recklessly
Cause death
Of another
murder committed in the heat of passion is manslaughter
Aggravated manslaughter
The fucked up factor + manslaughter
Death by Auto / Vessel - 2C:11-5
“Vehicular homicide”
Recklessly
Driving car/vessel
Cause death
Leaving scene of fatal MV accident
2C:11-5.1
Know involved in accident
Leave accident
Death caused
dont need to know someone died
Aiding a suicide - 2C:11-6
Purposely aiding another committing/attempting suicide
Must take a step to aid the person commit the act
Human cloning - 2C:11A-1
Knowingly engage/assist
Directly/indirectly
Cloning human being
Persistent offender
Adult 21+ with 2 or more convictions of crimes
Young adult offenders
Person under 26 YO @ time of sentencing may be sent to reformatory instead of jail
does not apply to crimes with a minimum mandatory sentence
Minimum age for sentencing
17 or under @ time crime was committed
Forfeiture - defendant loses property rights to the following:
Prima facia contraband
Instruments of a crime
Fruits of the crime
LEO may seize
Prima facia contraband
Item threat to public well being/safety
Item needed as evidence
Graves Act - 2C:43-6C
Convicted of using a firearm during commission of a crime must receive 3 year sentence or btwn 1/3 to 1/2 if sentence imposed by court. 4th deg - mandatory 18 month sentence.
ineligible for parole
Statute of limitations
Time from when all elements of crime complete to presented for trial
Crimes with no SOL (MAMSATF)
Murder Agg manslaughter Manslaughters Sex assault Agg sex assault Terrorism Fugitive from justice
7 year SOL
Official misconduct / Bribery
5 year SOL
Most crimes
Sexual offenses - 5 years from when victim is 18 years old OR 2 years from date of discovery
1 year SOL
DP and PDP offenses
Robbery - 2C:15-1
2nd Degree crime - 1st deg if the actor
- attempts to kill someone
- purposely / att to cause SBI
- uses or threatens to use deadly weapon
- Inflicts injury or uses force against anyone
- Puts another in fear of bodily injury
- Commits or threatens 1st or 2nd deg crime
Theft + force = robbery
Carjacking - 2C:15-2
- Unlawful taking of MV (or attempt)
- Bodily injury or uses force upon person in control of vehicle
OR - Threatens occupant/PIC with bod injury
- Commits/threatens 1st or 2nd deg crime
OR - Operates vehicle w occupants within still
Inchoate crimes - 2C:5
Incomplete crimes, crimes started but not finished
Fills the void when attempt isn’t built into the crime
Criminal Attempt - 2C:5-1
Trying to commit a crime and failing to do so
- Specific intent
- Actions to commit a crime
- Failure to commit a crime
CRIME ONLY not OFFENSE
Conspiracy - 2C:5-2
Two or more people agree to commit a crime
- Two or more people
- Agreement to commit crime
- Overt / open act to carry out the plan
includes soliciting someone else!!
CRIME ONLY not OFFENSE
Burglary Tools - 2C:5-5
Public plan/instructions or manufacture burglary tools to commit theft offense
Includes items to facilitate theft (skimmer, cable signal jacker, conceal license plate from tolls, etc.)
Motor Vehicle Master Keys - 2C:5-6
Possess MV master key or device designated to operate kicks in MV or to start MV without key
Offer for sale, sells or gives a MV master key
specific devices only, spark plug to break window is example of burglar tools!!
Corpus Delecti
Body of the crime
