Elements of Criminal Law Flashcards
What N.C.G.S chapter covers criminal law
Chapter 14
What N.C.G.S chapter covers motor vehicle laws
Chapter 20
What N.C.G.S. chapter covers Judicial Department
Chapter 7A
What N.C.G.S.
chapter covers Juvenile Code
Chapter 7B
What N.C.G.S. chapter covers criminal procedure
Chapter 15
What N.C.G.S. chapter covers Criminal Procedure Act
Chapter 15A
What N.C.G.S. chapter covers victims compensation
Chapter 15B
What N.C.G.S. chapter covers regulation of Alcoholic beverages
Chapter 18B
What N.C.G.S. chapter covers domestic violence
Chapter 50B
What N.C.G.S chapter covers North Carolina controlled substance act
Chapter 90 Article 5
________cities and counties are authorized to enact ordinances to protect the health, safety, or welfare of their citizens
Local Ordinances
Court decisions _____ and _______ the criminal law
define; interpret
A county ordinance applies everywhere inside the county except within_____
Cities
what are the three participants in crimes
Principals
Aiding and abetting
accessory before the fact to a felony
What are the elements of Resist, Delay, or Obstruct
(1) Willfully and unlawfully
(2) Resists, delays or obstructs
(3) A public officer
(4) Knowing or having reasonable grounds to believe that a victim is a public officer and
(5) While the officer is discharging or attempting to discharge a duty of his or her office
What are the elements of Larceny
(1) Takes personal Property in possession of another and
(2) carries it away
(3) Without consent of the possessor and
(4) With the intent to deprive the possessor of its use permanently
(5) Knowing that he or she was not entitled to it
When is the person guilty of 1st degree Trespassing
(1) “ without authorization, he or she
(2) enters or remains
(3) on premises or another so enclosed or secured as to demonstrate an intent to keep out intruders, in a building of another, or on the lands of the Eastern Band of Cherokee Indians after the person has been excluded by a resolution passed by the Eastern Band of Cherokee Indian Tribal Council”
When is the person guilty of 2nd degree trespassing
(1) “ without authorization, he or she
(2) enters or remains
(3) on premises of another after he has been notified not to enter or remain by the owner, by a person in charge of the premises, by lawful occupant, or by another authorized person, or that are posted in a manner reasonably likely to come to the attention of intruders, with notice not to enter the premises”
The 1st degree is a _____ misdemeanor, and 2nd degree trespass is a ____ misdemeanor
Class 2; Class 3
________defined by the common law. is a fight between 2 or more people in a public place that causes the general public who witnesses the fight to be in fear
Affray
What is the elements of simple affray
” A person guilty of this offense
(1) engages in a fight with at least one person
(2) in a public place
(3) to the terror of the public”
What is the element of aggravated assault and assault inflicting serious bodily injury
Commits an assault on another and inflicts serious injury
Which charge is greater, assault inflicting serious injury or assault inflicting serious bodily injury
Assault inflicting serious bodily injury
What are the elements of assault on a female
Is a male at least 18 yrs of age and commits ans assault on a female
When can a person be charged with assault on a government officer or employee
Commits and assault on an officer or employee of the state who is discharging or attempting to discharge his official duties
When can a person be charged with assault on a school employee or school volunteer
Commits and assault an employee or volunteer who is discharging or attempting to discharge his or her duties as an employee or volunteer as a result of the discharge that individual’s duties as a school employee or school volunteer
Simple affray is a ______misdemeanor and aggravated misdemeanor affray is a ______misdemeanor
Class 2; Class A1
What is the element for a concealed carry of a pistol and gun
Willfully and intentionally carries concealed about his person a pistol OR gun while off his own premises, without a concealed handgun permit and not allowed to carry handgun as a military permittee.
Carrying a concealed handgun or pistol is a ______misdemeanor. A second or subsequent offense is a _____ felony
Class 2; Class H
What weapons qualify as a concealed carry other than a gun and pistol
bowie knife, dirk, dagger,slung shot,loaded cane, metallic knuckles, razor, shuriken, stun gun, other deadly weapons of liked kind
Carry a concealed weapon other than a pistol or gun is a ______misdemeanor
Class 2
can common object be deadly weapons if used sufficiently dangerous or violent eays
Yes
What is the element of communicating threats
without lawfully authority he or she willfully threaten to physically injure person,spouse,sibling, child or dependent, willfully threatens to damage the property of another and communicate to the other person by other means the threat is made in a manner and under circumstances which would cause reasonable person to believe the threat will be carried out
Communicating a threat is a ____misdemeanor. there has to be 2 distinct elements involving the belief of the threat. A reasonable person would be likely to believe the threat would be_______, and the person _______ believed it.
Class 1; carried out; threatened
What can someone be charged with after fighting and knocking a tooth but the tooth can be put back in
Assault inflicting serious injury( injury is not permanent)
What can someone be charged with after putting someone in a coma from fighting
Assault inflicting serious bodily injury
What are the elements of 1st degree murder
person is guilty of killing another human being with malice and with a specific intent formed after premeditation and deliberation
What is the element of 2nd degree murder
person is guilty of killing another living human being with malice
Unlike 2nd degree murder voluntary manslaughter is killing without ______
Malice
What are the elements of felony death by motor vehicle
Unintentionally causes death of another person while engaged in the offense of impaired driving and the commission of the offense is the proximate cause of the death.
What elements fro 1st degree forcible rape
person guilty of vaginal intercourse with another person by force against the person’s will
What is the key element to remember 2nd degree forcible rape
mentally disabled,mentally incapacitated
1st degree forcible rape and sexual offence is ______ and 2nd degree forcible rape and sexual offence is_____
Class B1 felony; Class C felony
what is the element of first degree forcible sexual offense
person guilty engaging sexual act other than vaginal intercourse with a person by force against the person’s will
Can a female rape a male
Yes as long as penetration of the female sexual organ by the male sexual organ
What is the key element of involuntary manslaughter
culpable negligence
The element of 1st degree kidnapping
person guilty confines, restrains, or removes from one place to another, without person consent, person under 16 yrs without parents consent
1st degree kidnapping is ______, 2nd degree kidnapping is _______,Felonious restraint______ is
Class C felony, Class E felony, Class F felony.
Element for Felonious restraint
person guilty unlawfully restrains without person consent, under 16 yrs transport person by motor vehicle or another conveyance from the place of the initial restraint
The key feature of involuntary manslaughter is that it involves an _______ ________
Unintentional killing
What can a person be charged with if they kill another during the commission of a felony
1st degree murder
What are the 3 types of Malice
Actual
Express
Particular
Common law robbery is ______felony, armed robbery is _____ felony
Class G; Class D
Element of common law robbery
person guilty by committing larceny from the person or person’s presence by violence or intimidation
Element of Armed robbery
commits or attempts larceny from person, or person’s presence by possession use threatened of firearm or dangerous weapon endangers or threaten person life
person guilty of offense breaks and enters without consent dwelling house of another occupied at night with intent any felony or larceny there in
1st degree burglary ( Class D felony)
person guilty of breaking and entering without consent in dwelling house, sleeping apartment any building within the curtilage intent felony or larceny
2nd Degree burglary ( Class G felony)
_____prosecution prevents the State from prosecuting an in evidence or facts in the case, based on constitutional and statutory protection
Bars
_____valid justification for committing an act of crime
Defense
____committing the entire crime, acting indirectly or acting in concert
Principals
_____crime committed by another person, advises instigates encourages procures, helps other commit crime, actions contribute to commission of the crime
Aiding and abetting
____ before a felony committed by another, not present when another person commits felony, statements caused contributed to commission to to the crime by another person
Accessory
