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KPD #99 > Exam 2 > Flashcards

Exam 2 Flashcards

1
Q

Bodily injury

A

Physical pain
Illness
Physical Impairment

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2
Q

Dangerous instrument

A

Any firearm loaded/ operative or not
Other weapons
Device
Material
Substance (animate/inanimate)
Manner to be used / intended / capable of DEATH / SERIOUS B.I.

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3
Q

Serious bodily injury

A

Substantial risk of Death
Serious, permanent disfigurement
Protracted loss of function of bodily member / organ

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4
Q

Substantial bodily injury

A

Major Avulsion
Laceration
Penetration of Skin
Bone fracture
Serious concussion
Tearing / Rupture/ Corrosive damage to internal organs

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5
Q

MURDER 1st Degree
707-701

A

707-701
INTENTIONALLY/ KNOWINGLY causes DEATH of:

  • 2+ persons in same or separate incident
  • (Court)Officer, Judge, Prosecutor ON-DUTY, witnesses
  • Victim held by ransom / shield / hostage
  • Hire/Hired Killer
  • While imprisoned
  • (R.O., T.R.O.)
    -Person protected by Law enforcement during time effective of that order
  • If 18 yrs & over at time of charge: Convicted murder 1st / attempted Murder sentenced to life w/out possibility of parole.

FELONY for sentenced provided in 706-656

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6
Q

MURDER 2nd Degree
707-701.5

A

707-701.5

INTENTIONALLY/ KNOWINGLY causes death

Persons convicted Murder 2nd / Attempted 2nd sentenced to Life WITH possibility of parole

FELONY (706-656 for charges)

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7
Q

Manslaughter
707-702

A

707-702

  • Recklessly causes DEATH
  • Intentionally causes another person to commit suicide
  • “MENTAL” defense = charges for Murder 1st and 2nd REDUCES to MANSLAUGHTER

indeterminate term of Imprisonment
Up to 20 years
A Felony

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8
Q

What needs to be present in order to charge Negligent HOMICIDE

A

A vehicle/ Driving

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9
Q

Negligent HOMICIDE 1st Degree
707-702.5

A

707-702.5
Causes DEATH by/of:

  • Negligent manner under the influence
  • A VULNERABLE USER by Negligent driving

Up to 10 years
CLASS B FELONY

  • 1 or more offenses within 15 years
    CLASS A FELONY
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10
Q

Negligent HOMICIDE (2nd Degree)
707-703

A

707-703

Causes DEATH of (by vehicle):

-another person and is NOT under the influence
- VULNERABLE USER in manner that constitutes Simple Negligence

CLASS C FELONY

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11
Q

Negligent HOMICIDE (3rd Degree)
707-704

A

Negliegently causes:
Death by (vehicle) “Simple Negligence”

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12
Q

Assault 1st Degree
707- 710

A

707-710
Intentionally / Knowingly
Serious B.I.

Up to 10 yrs - B Felony

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13
Q

Assault 2nd Degree
707-711

A

707-711
Intentionally/ Knowingly:
- Substantial B.I.
- Bodily - Dangerous instrument
(Emergency, mental health, F.F., L.G., EDU worker, correctional)
- TRO
- 48 hr

RECKLESSLY
Serious / Substantial

Up to 5 yrs
C Felony

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14
Q

Assault 3rd Degree
707- 712

A

707-712

Intentionally/ Knowingly / Recklessly
Bodily

Negligently
Bodily w/ dangerous instrument

Up to 1 yr
Misdemeanor
Petty M. - CONSENT fight

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15
Q

Terroristic threatening (Defined)
707-715

A

707-715
Threatens by word / conduct to cause
-Bodily / Serious damage / harm to property, pets, livestock

  1. Intent to terrorize, reckless disregard risk of terrorizing another
  2. Intent to cause / reckless disregard risk of evacuation of building, place of assembly, facility, public transport.
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16
Q

Terroristic threatening 1st Degree
707-716

A

707-716
- Threatens person 2x or more / common scheme against multiple.
- Threatens with use of D. Instrument or simulated weapon
- Any public servant ( Medical, EDU. Worker) ON DUTY
- TRO
- 48 HR warning

Up to 5 yrs
C Felony

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17
Q

Terroristic threatening 2nd Degree
707-717

A

707-717
Anything not covered in 1st

Up to 1 yr
Misdemeanor

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18
Q

Assault against emergency worker
707-712.7

A

707-712.7
Intentionally/ Knowingly / Recklessly cause
- Serious B.I.
- Substantial B.I.
- Bodily I. WITH Dangerous instrument
- Emergency Worker (LEO, FF, EMS, Nat. Guard, Military)

Up to 10 yrs
B Felony

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19
Q

Reckless Endagering 1st Degree
HRS 707- 713

A

713

  • Employs Widely Dangerous in manner placing others in danger of DEATH / SERIOUS B.I. (ex: 9/11)
  • Intentionally fires firearm Recklessly places others in danger of DEATH / SERIOUS B.I.

Up to 5 years
C Felony

20
Q

Recklessly Endangering 2nd Degree
HRS# 707-714

A

707-714
- Engages in conduct recklessly placing others in danger of DEATH / SERIOUS B.I.
- Intentionally discharges firearm in populated areas, within boundaries of roads, HWYs, streets

** not including firing range with all laws followed

Up to 1 yr
Misdemeanor

21
Q

“Widely Dangerous”

A

Includes Explosion, Flood, Avalanche, Collapse building, Poison Gas, Radioactive Material, Substance, Force, Capable of potential WIDESPREAD INJURY / DAMAGE.

22
Q

Unlawful Imprisonment 1st Degree
707-721

A

Knowingly restrains risk of
- Serious B.I. (Assault as well)

Up to 5 yrs
C Felony

23
Q

Unlawful Imprisonment 2nd Degree
HRS 707-722

A

Knowingly restrains (no risk)
Younger than 18.
Relative.
Assume custody

Up to 1 yr
Misdemeanor

24
Q

What is A.O.I.?

A

Ability
Opportunity
Intent

When proven, higher level of forces can be used.

25
Q

” Vulnerable User “

A

Pedestrian legally in street/ public HWY
Roadworker
Construction
Maintenance
Police
Fire
EMS
Bicycle, scooter, mobile device, wheelchair

26
Q

Sexual Assault 1st Degree
707-730

A

707-730
KNOWINGLY:
- Sexual penetration by Strong Compultion
- Less than 14
- 14-18 , 15-20, 16-21 (5 yrs)
*not legally married
- mentally defective (negliegently)
- mentally incapacitated/ physically helpless ( substance, date rape)

Indeterminate term of Imprisonment.
20 years WITHOUT possibility of suspension of sentence/ probation
A Felony

27
Q

Sexual Assault 2nd Degree
707-731

A

707-731
KNOWINGLY
- Sexual penetration by compulsion
- 16 yrs or older as coach/ teacher/ supervisor
- mentally incapacitated / physically helpless
- While imprisoned ( By LEO / correctional worker)

Up to 10 yrs
B Felony

28
Q

Sexual assault 3rd Degree
707-732

A

732
Recklessly
- Penetration by compulsion

Knowingly CONTACT
- By compulsion
- Less than 14
- 14-15 YO
(Defense- less that 5 yrs older, legally married)
- Mentally Defective / Incapacitated
- Physically helpless
- While imprisoned

Up to 5 yrs
C Felony

29
Q

Sexual Assault 4th degree
707-733

A

Knowingly
* Contact;
- By compulsion
- 16 yr. & older from coach, teacher, supervisor, counselor

Exposure:
- Genitals to cause alarm / fear of bodily injury

Trespass:
- for SURREPTITIOUS (“secretly”) surveillance for sex gratification. (Guy outside school story)

Up to 1 yr
Misdemeanor

30
Q

“Indecent exposure”
707-734

A

707-734
Person INTENTIONALLY Exposes genitals to whom not married and likely to cause Affront.

Up to 30 days
Petty Misdemeanor

31
Q

Promoting child abuse 1st Degree
707-750

A

750

KNOWING or having reason to KNOW:
- Produces / participates in preparation of child Porn (Maxwell)

  • Prep of pornographic material
  • ENGAGES in pornographic performance
    Employs minor engaging
    Assisting in sexual conduct.

Indeterminate term 20 yrs w/out possibility of suspension of Sentence / Parole

A Felony

32
Q

Promoting Child Abuse 2nd Degree
707-751

A

751
KNOWING or having reason to KNOW it’s character

REPRODUCES with intent to DISSEMINATE (Child Porn)
-Possesses 30 or more images
- minor under 12, sadomasichistic (psycho) abuse of minor or bestiality of a minor.

Up to 10 years
B Felony

33
Q

Promoting child abuse 3rd Degree
707-752

A

752

Possesses any child porn material

Up to 5 years
C Felony

34
Q

“Simple Negligence”

A
35
Q

Custodial Interference 1st Degree
707-726

A

707-726

Intentionally/ Knowingly :

  • Violates court order OR Takes from person with custody
    AND removes minor from STATE
  • TAKES 11 yrs / younger
  • In ABSENCE FROM COURT order of custody, removes the minor from state

DEFENCE:
Took minor for “good cause” to protect from immediate “Bodily Injury” & filed report w/ court

Up to 5 years
C Felony

36
Q

Custodial Interference 2nd Degree
707-727

A

Intentionally/ Knowingly:
- TAKES minor with no right to

  • Takes, Entices, Conceals, Detains an
    “INCOMPETENT PERSON”
    (ex: boyfriends parents story)

Up to 1 yr
Misdemeanor

C FELONY
Up to 5 yrs
- If minor / incompetent person is taken out of state

37
Q

Kidnapping
707-720

A

Intentionally/ Knowingly:

RESTRAINS person with INTENT to:

  • ransom / reward
  • shield / hostage
  • facilitate commission of a Felony of flight thereafter
  • Inflict BODILY Injury or sex offense
  • terrorize person or 3rd person
  • interfere w/ gov’t / political function
  • unlawfully obtain labor or services of the person
  • indeterminate term of Imprisonment
    20 yrs w/out possibility of suspension / probation

A Felony
* Reduces to B if voluntarily releases Victim alive, not suffering from Serious / Substantial B.I. in safe place prior to trial.

38
Q

Extortion
707-764

A
39
Q

Extortion 1st Degree
707-765

A

707-765
- Property, Labor, Services value exceeds 200$ / YR

OR

  • Making / Fianancing any extortionate extention of credit, or by collecting any extension of credit by extortionate means

Up to 10 years
B Felony

40
Q

Extortion 2nd Degree
707-766

A

707-766

Extortion of property, Labor, services value exceeds 50$ / YR

Up to 5 years
C Felony

41
Q

Extortion 3rd Degree
707-767

A

707-767

Person commits extortion of property, Labor, Services UP TO 50$ / YR

Up to 1 yr
Misdemeanor

42
Q

What is KPD Property Reciept?

A

Standard form for documenting any evidence retrieved or acquired.

43
Q

Why do we fill out KPD property receipt?

A

To properly document / keep track of evidence collected.

44
Q

How do we fill out KPD Prop. Receipt?

A

Description of item, belonging to, where it will be stored

Multiple items from same case must have its own form.

45
Q

How many KPD Receipt forms do we make?

And for who?

A

3

Owner, Evidence, Officer collecting

46
Q

Chain of custody for KPD Receipt forms?

A

List every personnel who handled evidence

47
Q

Incompetent Person

A

unable to manage their own affairs due to mental incapacity

KPD #99 (7 decks)

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