Elements Deck #2

Question 1

First-degree sexual offense

Answer 1

A person guilty of this offense
(1)engages in a sexual act other than vaginal intercourse
(2)with a person
(3)by force and
(4)against that person’s will and
(5)the defendant
(a)uses or displays a dangerous or deadly weapon (or what reasonably appears to be a dangerous or deadly weapon),
(b)inflicts serious personal injury on the victim,
(c)inflicts serious personal injury on another person, or
(d)is aided and abetted by one or more other persons.

Question 2

Second-degree sexual offense

Answer 2

A person guilty of this offense
(1)engages in a sexual act other than vaginal intercourse
(2)with a person and
(3)the act is
(a)by force and against the person’s will or
(b)with someone who is
(i)mentally disabled,
(ii)mentally incapacitated, or
(iii)physically helpless and
(4)the defendant knew or should have known that the victim was mentally disabled, mentally incapacitated, or physically helpless.

Question 3

Sexual Offense with a child; adult offender.

Answer 3

A person guilty of this offense
(1)engages in a sexual act other than vaginal intercourse
(2)with a child under the age of 13 years and
(3)the defendant is at least 18 years old.

Question 4

First-degree rape

Answer 4

A person guilty of this offense
(1)has vaginal intercourse
(2)with a person
(3)by force and
(4)against that person’s will and
(5)the defendant
(a)uses or displays a dangerous or deadly weapon (or what reasonably appears to be a dangerous or deadly weapon),
(b)inflicts serious personal injury on the victim,
(c)inflicts serious personal injury on another person, or
(d)is aided and abetted by one or more other persons.

Question 5

Second-degree rape

Answer 5

A person guilty of this offense
(1)has vaginal intercourse
(2)with a person
(3)and the intercourse is
(a)by force and against the person’s will or
(b)with someone who is
(i)mentally disabled,
(ii)mentally incapacitated, or
(iii)physically helpless and
(4)the defendant knew or should have known that the victim was mentally disabled, mentally incapacitated, or physically helpless.

Question 6

First-degree Murder

Answer 6

A person guilty of this offense
(1)kills
(2)another living human being
(3)(a)(i)with malice and
(ii)with a specific intent to kill formed after premeditation and deliberation,
(b)by poisoning, lying in wait, imprisonment, starvation, or torture,
(c)while committing or attempting arson, rape, sex offense, robbery, burglary, kidnapping, or any felony in which a deadly weapon is used, or
(d)by means of a nuclear, biological, or chemical weapon of mass destruction as defined in G.S. 14-288.21.

Question 7

Second Degree Murder

Answer 7

A person guilty of this offense
(1)kills
(2)another living human being
(3)with malice.

Question 8

Voluntary Manslaughter

Answer 8

A person guilty of this offense
(1)kills
(2)another living human being
(3)without malice.

Question 9

Involuntary Manslaughter

Answer 9

A person guilty of this offense
(1)kills
(2)another living human being
(3)(a)by an unlawful act that does not amount to a felony and is not ordinarily dangerous to life or
(b)by a culpably negligent act or omission.

Question 10

Misdemeanor Larceny

Answer 10

A person guilty of the offense
(1)takes
(2)personal property
(3)in the possession of another and
(4)carries it away
(5)without the consent of the possessor and
(6)with the intent to deprive the possessor of its use permanently
(7)knowing that he or she was not entitled to it.

Question 11

Carrying a Concealed Pistol or Gun

Answer 11

A person guilty of this offense
(1)(a)willfully and
(b)intentionally
(2)carries
(3)concealed about his or her person
(4)(a)a pistol or
(b)a gun
(5)(a)while off his or her own premises and,
(b)if the weapon is a handgun, the person does not have a concealed handgun permit or is not carrying the handgun in accordance with a valid concealed handgun permit and
(c)if the weapon is a handgun, the person is not allowed to carry a handgun as a military permittee.

Question 12

Carrying Concealed weapon other than a pistol or gun

Answer 12

A person guilty of this offense
(1)(a)willfully and
(b)intentionally
(2)carries
(3)concealed about his or her person
(4)a
(a)bowie knife,
(b)dirk,
(c)dagger,
(d)slung shot,
(e)loaded cane,
(f)metallic knuckles,
(g)razor,
(h)shurikin,
(i)stun gun, or
(j)other deadly weapon of like kind
(5)while off his or her own premises.

Question 13

First-degree burglary

Answer 13

A person guilty of this offense
(1)breaks and
(2)enters
(3)without consent
(4)the dwelling house or sleeping apartment
(5)of another
(6)while it is actually occupied
(7)at night
(8)with the intent to commit any felony or larceny therein.

Question 14

Second Degree Burglary

Answer 14

A person guilty of this offense
(1)breaks and
(2)enters
(3)without consent
(4)the dwelling house or sleeping apartment, or any building within the curtilage of the dwelling,
(5)of another
(6)at night
(7)with the intent to commit any felony or larceny therein.

Question 15

Possession of a controlled substance

Answer 15

A person guilty of this offense
(1)knowingly
(2)possesses
(3)a controlled substance.

Question 16

Possession of a Controlled Substance with Intent to Manufacture, Sell, or Deliver

Answer 16

A person guilty of this offense
(1)knowingly
(2)possesses
(3)a controlled substance
(4)with the intent to manufacture, sell, or deliver it.

Question 17

Felony Breaking or Entering Buildings

Answer 17

A person guilty of this offense
(1)breaks or
(2)enters
(3)without consent
(4)any building
(5)with the intent to commit any felony or larceny therein.

Question 18

Trafficking in Marijuana

Answer 18

A person guilty of this offense
(1)knowingly
(2)(a)manufactures, sells, delivers, transports, or possesses or
(b)conspires to manufacture, sell, deliver, transport, or possess
(3)marijuana
(4)to another person (if the person sells or delivers), and
(5)the quantity of marijuana is
(a)in excess of 10 pounds but less than 50 pounds,
(b)50 pounds or more but less than 2,000 pounds,
(c)2,000 pounds or more but less than 10,000 pounds, or
(d)10,000 pounds or more.

Question 19

Trafficking in Cocaine

Answer 19

A person guilty of this offense
(1)knowingly
(2)(a)sells, manufactures, delivers, transports, or possesses or
(b)conspires to sell, manufacture, deliver, transport, or possess
(3)cocaine or any mixture containing cocaine
(4)to another person (if the person sells or delivers) and
(5)the quantity of cocaine or mixture containing cocaine is
(a)28 grams or more but less than 200 grams,
(b)200 grams or more but less than 400 grams, or
(c)400 grams or more.