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MPD > ELEMENTS OF CRIMES > Flashcards

ELEMENTS OF CRIMES Flashcards

MEMORIZE ELEMENTS OF CRIME

1
Q

RULES OF THE ROAD

A
  1. OPERATING A MOTOR VEHICLE
  2. AFTER HAVING RECEIVED VISUAL OR AUDIBLE SIGNAL FROM A TRAFFIC OFFER OR MARKED POLICE VEHICLE.
  3. KNOWINGLY FLEE OR ATTEMPT TO ELUDE SAID OFFICER.
  4. BY WILLFUL OR WANTON DISREGARD OF SUCH SIGNAL.
  5. SO AS TO INTERFERE WITH OR ENDAGER THE OPERATION OF THE POLICE VEHICLE OR THE TRAFFIC OFFICER OR OTHER VEHICLES OR PEDESTRIANS.
  6. AND SHALL NOT INCREASE HIS/HER SPEED OR EXTINGUISH HER/HER LIGHTS IN AN ATTEMPT TO ELUDE OR FLEE.
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2
Q

PARTIES TO CRIME

A
  • EITHER DIRECTLY COMMITTING THE CRIME
  • OR INTENTIONALLY AIDING AND ABETTING ITS COMMISSION
  • OR BEING A PARTY TO A CONSPIRACY WITH ANOTHER OT COMMIT IT.
  • OR ADVISING, HIRING, COUNSELING OR PROCURING ANOTHER TO COMMIT IT.
  • OR BEING A PARTY TO ANY OTHER CRIME IN PURSURANCE OF THE INTENDED CRIME, WHICH OTHER CRIME IS A NATURAL AND PROBABLE CONSEQUENCE OF THE INTENDED CRIME UNDER THE CIRCUMSTANCES.
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3
Q

HOMICIDE-INTENTIONAL-FIRST DEGREE (CLASS A FELONY/PENALTY:LIFE IMPRISONMENT)

A
  • CAUSING DEATH
  • OF ANOTHER HUMAN BEING
  • INTENDING TO KILL THAT PERSON OR ANOTHER
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4
Q

HOMICIDE-RECKLESS-FIRST DEGREE (CLASS B FELONY/PENALTY: IMPRISONMENT NOT TO EXCEED 60 YEARS)

A
  • RECKLESSLY CAUSING DEATH
  • OF ANOTHER HUMAN BEING
  • UNDER CIRCUMSTANCES WHICH SHOW UTTER DISREGARD FOR HUMAN LIFE
  • OR CAUSES DEATH OF ANOTHER HUMAN BEING BY MANUFACTURING OR DELIVERING A CONTROLLED SUBSTANCE WHICH ANOTHER HUMAN BEING USES AND DIES AS A RESULT OF THAT USE
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5
Q

FELONY MURDER (15 YEAR ENHANCEMENT PENALTY TO MAXIMUM PENALTY FOR ACCOMPANYING FELONY)

A
  • CAUSING DEATH
  • OF ANOTHER HUMAN BEING
  • WHILE COMMITTING OR ATTEMPTING TO COMMIT:
    1. SEXUAL ASSAULT
    2. ARSON
    3. ARMED ROBBERY
    4. BURGLARY
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6
Q

HOMICIDE-INTENTIONAL-SECOND DEGREE (CLASS B FELONY/PENALTY: IMPRISONMENT NOT TO EXCEED 60 YEARS):

A
  • INTENTIONALLY CAUSING DEATH OF ANOTHER HUMAN BEING
  • BUT THE STATE CANNOT PROVE BEYOND A REASONBALE DOUBT THAT THE KILLING WAS NOT MOTIVATED BY:
    1. PROVOCATION
    2. UNNECESSARY AND UNREASONABLE DEFENSIVE FORCE
    3. UNNECESSARY AND UN REASONABLE BELIEF OF PREVENTION OF FELONY
    4. COERCION
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7
Q

HOMICIDE BY INTOXICATED USE OF A VEHICLE (CLASS D FELONY/PENALTY: IMPRISONMENT NOT TO EXCEED 25 YEARS AND OR A FINE NOT TO EXCEED $100,000)

A
  • OPERATING OR HANDLING A VEHICLE
  • WHILE UNDER THE INFLUENCE OF AN INTOXICANT OR WHILE THE PERSON HAS A BLOOD ALCOHOL CONCENTRATION OF .08% OR MORE, OR .02% OR MORE IF THE DRIVER HAS THREE OR MORE CONVICTIONS
  • SO AS TO CAUSE THE DEATH OF ANOTHER
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8
Q

BATTERY (CLASS A MISDEMEANOR)

A

CAUSING BODILY HARM
TO ANOTHER
WITHOUT HIS/HER CONSENT
BY AN ACT DONE WITH INTENT TO CAUSE SAME TO THAT PERSON OR ANOTHER

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9
Q

BATTERY AGGRAVATED (CLASS E FELONY)

A

CAUSING GREAT BODILY HARM
TO ANOTHER
BY AN ACT DONE WITH INTENT TO CAUSE SAME TO THAT PERSON OR ANOTHER

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10
Q

BATTERY SUBSTANTIAL HARM (CLASS I FELONY)

A

CAUSING SUBSTANTIAL BODILY HARM
TO ANOTHER
WITH INTENT TO CAUSE BODILY HARM TO THAT PERSON OR ANOTHER

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11
Q

BATTERY TO LAW ENFORCEMENT OFFICERS OR FIRE FIGHTERS (CLASS H FELONY)

A

INTENTIONALLY CAUSING
BODILY HARM
TO A LAW ENFORCEMENT OFFICER OR FIRE FIGHTER
WHO IS ACTING IN OFFICIAL CAPACITY
WHOM THE ACTOR KNOWS OR HAS REASON TO KNOW IS SUCH OFFICIAL
BY AN ACT DONE WITHOUT THE VICTIM’S CONSENT

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12
Q

MAYHEM (CLASS C FELONY)

A

CUTTING OR MUTILATING
THE TONGUE, EYE, EAR, NOSE, LIP, LIMB OR OTHER BODILY MEMBER OF ANOTHER
INTENDING TO DISABLE OR DISFIGURE THAT PERSON

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13
Q

SEXUAL ASSAULT-FIRST DEGREE (CLASS B FELONY)

A

HAVING SEXUAL CONTACT OR SEXUAL INTERCOURSE
WITH ANOTHER PERSON
WITHOUT THE VICTIM’S CONSENT
EITHER CAUSING PREGNANCY OR GREAT BODILY HARM TO THE VICTIM
OR BY USE OR THREAT OF A DANGEROUS WEAPON OR ANY ARTICLE USED OR FASHIONED IN A MANNER TO LEAD THE VICTIM REASONABLY TO BEILEVE IT TO BE SUCH
OR BY USE OR THREAT OF FORCE OR VIOLENCE
WHILE AIDED OR ABETTED BY ONE OR MORE PERSONS

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14
Q

SEXUAL ASSAULT-SECOND DEGREE (CLASS C FELONY)

A
  1. HAVING SEXUAL CONTACT OR SEXUAL INTERCOURSE
    WITH ANOTHER PERSON
    WITHOUT THE VICTIM’S CONSENT
    EITHER BY USE OR THREAT OF FORCE OR VIOLENCE
    OR CAUSING INJURY, ILLNESS, DISEASE OR LOSS OR IMPAIRMENT OF A SEXUAL OR REPRODUCTIVE ORGAN OR MENTAL ANGUISH REQUIRING PSYCHIATRIC CARE FOR THE VICTIM
  2. HAVING SEXUAL CONTACT OR SEXUAL INTERCOURSE
    WITH ANOTHER PERSON
    EITHER WHO SUFFERS FROM A MENTAL ILLNESS OR DEFICIENCY WHICH RENDERS THE VICTIM EMPORARILY OR PERMANENTLY INCAPABLE OF APPRAISING THE PERSON’S CONDUCT, AND THE ACTOR KNOWS OF SUCH CONDITIONOR WHOM THE ACTOR KNOWS IS UNCONSCIOUS
    OR THE PERPETRATOR IS AN EMPLOYEE OF AN IN-PATIENT FACILITY OR A STATE TREATMENT FACILITY AND THE VICTM IS A PERSON WHO IS A PATIENT OR RESIDENT OF THE FACILITY
    WITHOUT THE VICTIM’S CONSENT
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15
Q

SEXUAL ASSAULT-THIRD DEGREE (CLASS G FELONY)

A

HAVING SEXUAL INTERCOURSE
WITH ANOTHER PERSON
WITHOUT THE VICTIM’S CONSENT

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16
Q

SEXUAL ASSAULT-FOURTH DEGREE (CLASS A MISDEMEANOR)

A

HAVING SEXUAL CONTACT
WITH ANOTHER PERSON
WITHOUT THE VICTIM’S CONSENT

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17
Q

SEXUAL CONTACT

A

ANY INTENTIONAL TOUCHING OF THE INTIMATE PARTS (BREAST, BUTTOCK, ANUS, PENIS, VAGINA, OR PUBLIC MOUND), CLOTHED OR UNCLOTHED, OF A PERSON T THE INTIMATE PARTS, CLOTHED, OR UNCLOTHED, OF ANOTHER, OR THE INTENTIONAL TOUCHING BY HAND, MOUTH OR OBJECT OF THE INTIMATE PARTS, CLOTHED OR UNCLOTHED, OF ANOTHER, IF SUCH TOUCHING CAN REASONABLY BE CONSTRUED AS BEING FOR SEXUAL AROUSAL OR GRATIFICATION, OR IF IT CONTAINS THE ELEMENTS OF ACTUAL OR ATTEMPTED BATTERY.

18
Q

SEXUAL INTERCOURSE

A

VULVAR PENETRATION, CUNNILINGUS, FELLATIO, ANAL INTERCOURSE OR ANY OTHER INTRUSION, HOWEVER SLIGHT, OF ANY PART OF A PERSON’S BODY OR OBJECT INTO THE GENITAL OR ANAL OPENING OF ANOTHER BY THE DEFENDANT OR UPON THE DEFENDANT’S INSTRUCTION. THE EMISSION OF SEMENT IS NOT REQUIRED.

19
Q

INJURY BY NEGLIGENT HANDLING OF DANGEROUS WEAPON, EXPLOSIVES OR FIRE (CLASS I FELONY)

A

OPERATING OR HANDLING A DANGEROUS WEAPON, EXPLOSIVES OR FIRE

IN A NEGLIGENT MANNER CAUSING BODILY HARM TO ANOTHER

20
Q

INJURY BY INTOXICATED USE OF A VEHICLE (CLASSF FELONY)

A

OPERATING A VEHICLE
WHILE UNDER THE INFLUENCE OF AN INTOXICANT, OR WHILE THE PESON HAS A BLOOD ALCOHOL CONCENTRATION OF .08% OR MORE, OR .02% OR MORE IF THE DRIVER HAS THREE PRIOR OWI CONVICTIONS
CAUSING GREAT BODILY HARM TO ANOTHER HUMAN BEING

21
Q

FALSE IMPRISONMENT (CLASS H FELONY)

A

INTENTIONALLY CONFINING OR RESTRAINING ANTOHER
WITHOUT HIS/HER CONSENT
KNOWING THAT THE ACTOR HAS NO LAWFUL AUTHORITY TO DO SO

22
Q

KIDNAPPING (CLASS C FELONY)

A

EITHER BY FORCE OR THREAT OF IMMIENENT FORCE
CARRYING ANOTHER PERSON FROME ONE PLACE TO ANOTHER, OR SEIZING OR CONFINING ANOTHER
WITHOUT HIS/HER CONSENT
OR BY DECEIT INCLUDING ANTHER TO GO FROM ONE PLACE TO ANOTHER
INTENDING TO CAUSE HIM/HER TO BE SECRETLY CONFINED OR IMPRIOSONED, OR CARRIED OUT OF THIS STATE OR TO BE HELD TO SERVICE AGAINST HIS/HER WILL

23
Q

ESBUODW

A

1-CLASS A MISDEMEANOR
ENDANGERS ANOTHER’S SAFETY BY THE NEGLIGENT OPERATION OR HANDLING OF A DANGEROUS WEAPON
OR OPERATES OR GOES ARMED WITH A FIREARM WHILE HE/SHE IS UNDER THE INFLUENCE OF AN INTOXICANT
OR INTENTIONALLY POINTS A FIREARM AT OR TOWARD ANTOHER
OR WHILE ON THE LANDS OF ANOTHER DISCHARGES A FIREARM WITHIN 100 YARDS OF ANY BUILDING DEVOTED TO HUMAN OCCUPANCY SITUATED ON AND ATTACHED TO THE LANDS OF ANTOEHR WITOUT THE EXPRESS PERMISSION OF THE OWNER OR OCCUPANT OF THE BULDING; “BUILDING” AS USED IN THIS PARAGRAPH INCLUDES ANY HOUSE TRAILER OR MOBILE HOME, BUT DOES NOT INCLUDE ANY TENT, BUS, TRUCK, VEHICLE OR SIMILAR PORTABLE UNIT

24
Q

ESBUODW

A

2-FELONY
INTENTIONALLY DISCHARGES A FIREARM INTO A VEHICLE OR BUILDING UNDER CIRCUMSTANCES IN WHICH HE/SHE SHOULD REALIZE THERE MIGHT BE A HUMAN BEING PRESENT THEIREIN
OR SETS A SPRING GUN

25
Q

ESBUODW

A

3-FELONY
INTENTIONALLY DISCHARGES A FIREARM FROM A VEHICLE WHILE ON A HIGHWAY OR ON A VEHILCE PARKING LOT THAT IS OPEN TO THE PUBLIC
THE PERSON DISCHARGES THE FIREARM AT OR TOWARD ANOTHER OR THE PERSON DISCHARGES THE FIREARM AT OR TOWARD ANY BUILDING OR OTHER VEHICLE

26
Q

CARRYING CONCEALED WEAPON

A

DEFENDANT MUST HAVE GONE ARMED WITH A DANGEROUS WEAPON
THE WEAPON WAS CONCEALED
THE DEFENDANT MUST NOT HAVE BEEN A PEACE OFFICER
*AN UNLOADED WEAPON IS STILLL CONSIDERED A DANGEROUS WEAPON FOR PURPOSES OF THE CCW STATUTE

27
Q

POSSESSION OF SWITCHBLADE KNIFE (CLASS A MISDEMEANOR)

A

WHOEVER MANUFACTURES, SELLS, OFFERS TO SELL, TRANSPORTS, PURCHASES, POSSESSES OR GOES ARMED WITH A KNIFE
WHICH KNIFE HAS A BLADE WHICH OPENS BY PRESSING A BUTTON, SPRING OR OTHER DEVICE IN THE HANDLE, OR BY GRAVITY, OR BY THRUST OF MOVEMENT.

28
Q

POSSESSION OF A FIREARM (BY A FELON)

A

ANY PERSON
CONVICTED OF A FELONY IN THIS STATE OR OF A CRIME ELSEWHERE THAT WOULD BE A FELONY IF COMMITTED IN THIS STATE
OR FOUND NOT GUILTY OF A FELONY IN THIS STATE BY REASON OF MENTAL DISEAASE OR DEFECT, OR FOUND NOT GUILTY OR NOT RESPONSIBLE FOR A CRIME ELSEWHERE THATWOULD BE A FELONY INTHIS STATE BY REASON OF INSANITY, OR MENTAL DISEASE, DEFECT OR ILLNESS
WHO SUBSEQUENT TO SAID CONVICTION POSSESSES A FIREARM

29
Q

BURGLARY (CLASS F FELONY)

A

INTENTIONALLY ENTERING: ANY BUIDING OR DWELLING, ENCLOSED RAILROAD CAR OR ENCLOSED PROTION OF ANY SHIP OR VESSEL OR LOCKED, ENCLOSED CARGO PORTION OF A TRUCK OR TRAILER OR A MOTOR HOME OR OTHER MOTORIZED TYPE OF HOME OR A TRAILER HOME, WHETHER OR NOT ANY PERSON IS LIVING IN ANY SUCH HOME OR A ROOM WITHIN ANY OF THE ABOVE
WITHOUT THE CONSENT OF THE PERSON IN LAWFUL POSSESSION THEREOF
INTENDING TO STEAL OR COMMIT A FELONY THEREIN
PENALTY FOR THE ABOVE INCREASES IF DONE WHILE ARMED WITH A DANGEROUS WEAPON, USE OF EXPLOSIVES OR WHILE ON THE PREMISES COMMITS A BATTERY UPON A PERSON LAWFULLY THEREIN.

30
Q

POSSESSION OF BURGLARIOUS TOOLS (CLASS I FELONY)

A

HAVING PERSONAL POSSESSION
ANY DEVICE OR INSTRUMENTALITY
INTENDED, DESIGED OR ADAPTED FOR USE IN BREAKING INTO ANY DEPOSITORY DESIGNED FOR THE SAFEKEEPING OF ANY VALUABLES OR
INTO ANY BUILDING OR ROOM
INTENDING TO USE SUCH ITEM FOR SUCH PURPOSE
AND INTENDING TO STEAL FROM SUCH PLACE

31
Q

ENTRY INTO LOCKED COIN BOX (CLASS A MISDEMEANOR)

A

INTENTIONALLY ENTERS A LOCKED COIN BOX OF ANOTHER
WITHOUT CONSENT
AND WITH INTENT TO STEAL THEREFROM

32
Q

TRESPASS TO LAND (CLASS B FORFEITURE)

A

WHOEVER
(A) WITHOUT EXPRESS OR IMPLIED CONSENT OF THE OWNER OR OCCUPANT
ENTERS ANY ENCLOSED OR CULTIVATED LAND OF ANOTHER WITH INTENT TO CATCH OR KILL
ANY BIRDS, ANIMALS OR FISH
OR GATHER ANY PRODUCTS OF THE SOIL
(B)
ENTERS OR REMAINS ON THE LAND OF ANOTHER AFTER HAVING BEEN NOTIFIED BY THE OWNER OR OCCUPANT NOT TO
(C)AFTER HAVING BEEN NOTIFIED BY THE OWENR OR OCCUPANT NOT TO
ENTERS SAID PREMISES AND HUNTS, SHOOTS, FISHES OR GATHERS PRODUCTS OF THE SOIL
OR ENTERS SAID PREMISES WITH INTENT TO DO ANY OF THE ABOVE

(D) WITHOUT THE EXPRESSED OR IMPLIED CONSENT OF THE OWNER OR OCCUPANT
ENTERS ANY ENCLOSED OR CULTIVATED LAND OR ANOTHER WITH A VEHICLE OF ANY KIND

33
Q

CRIMINAL TRESPASS TO DWELLING (CLASS A MISDEMEANOR)

A

INTENTIONALLY ENTERING
ANOTHER’S DWELLING
WITHOUT THE CONSENT OF SOME PERSON LAWFULLY UPON THE PREMISES
UNDER CIRCUMSTANCES TENDING TO CREATE OR PROVOKE A BREACH OF THE PEACE

34
Q

ENTRY ONTO A CONSTRUCTION SITE OR INTO A LOCKED BULDING, DWELLING OR ROOM (CLASS MISDEMEANOR)

A

WHOEVER ENTERS
WITHOUT CONSENT
A LOCKED OR POSTED CONSTRUCTION SITE
OR A LOCKED AND ENCLOSED BUILDING, DWELLING OR ROOM OF ANOTHER

35
Q

THEFT-LARCENY

A 
INTENTIONALLY TAKING AND
CARRYING AWAY
USING
TRANSFERRING
CONCEALING OR
RETAINING POSSESSION OF
ANOTHER'S MOVEABLE PROPERTY
WITHOUT HIS/HER CONSENT
INTENDING TO DEPRIVE THE OWNER PERMANENTLY OF ITS POSSESSION
36
Q

THEFT-FALSE REPRESENTATION

A

OBTAINING TITLE TO ANOTHER’S PROPERTY
BY INTENTIONALLY DECEIVING HIM/HER WITH A REPRESENTATION THE ACTOR KNOWS IS FASE
INTENDING TO DEFRAUD
WHICH ACTUALLY DOES DEFRAUD HIM/HER

37
Q

OPERATING VEHICLE WITHOUT OWNER’S CONSENT (CLASS H FELONY)

A

INTENTIONALLY TAKING AND DRIVING
ANY VEHICLE
WITHOUT THE OWNER’S CONSENT

38
Q

ROBBERY (CLASS E FELONY)

A

TAKING PROPERTY
FROM THE PESON OR PRESENCE OF AN OWNER
INTENDING TO STEAL
EITHER BY USING FORCE
AGAINST THE OWNER’S PERSON
INTENDING TO OVERCOME HIS/HER PHYSICAL RESISTANCE OR PHYSICAL PWOER OF RESISTANCE TO SUCH TAKING OR CARRYING AWAY
OR BY THREATENING THE IMMINENT USE OF FORCE
AGAINST THE OWNER’S PERSON OR THAT OF ANTOHER PRESENT
INTENDING TO COMPEL THE OWNER TO ACQUIESE IN SUCH TAKING OR CARRYING AWAY

39
Q

ROBBERY-ARMED (CLASS C FELONY)

A

WHILE ARMED WITH A DANGEROUS WEAPON OR ANY ARTICLE WHICH WOULD LEAD THE VICTIM TO BELIEVE THAT IT IS A DANGEROUSE WEAPON, WHILE COMMITTING THE ROBBERY

40
Q

RETAIL THEFT

A

THE DEFENDANT MUST HAVE INTENTIONALLY ALTERED THE INDICATED PRICE OR VALUE OF MERCHANDISE
OR TOOK AND CARRIED AWAY MERCHANDISE
OR TRANSFERRED, CONCEALED OR RETAINED POSSESSION OF MERCHANDISE
AND THE MERCHANDISE MUST HAVE BEEN HELD FOR RESALE BY A MERCHANT, OR BE PROPERTY OF THE MERCHANT
AND ACTED WITHOUT THE CONSENT OF THE MERCHANT
AND ACTED WITH INTENT TO DEPRIVE THE MERCHANT PERMANENTLY OF THE POSSESSION OR THE FULL PURCHASE PRICE OF THE MERCHANDISE

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