Exam 2 Flashcards
Bodily injury
Physical pain
Illness
Physical Impairment
Dangerous instrument
Any firearm loaded/ operative or not
Other weapons
Device
Material
Substance (animate/inanimate)
Manner to be used / intended / capable of DEATH / SERIOUS B.I.
Serious bodily injury
Substantial risk of Death
Serious, permanent disfigurement
Protracted loss of function of bodily member / organ
Substantial bodily injury
Major Avulsion
Laceration
Penetration of Skin
Bone fracture
Serious concussion
Tearing / Rupture/ Corrosive damage to internal organs
MURDER 1st Degree
707-701
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
MURDER 2nd Degree
707-701.5
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)
Manslaughter
707-702
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
What needs to be present in order to charge Negligent HOMICIDE
A vehicle/ Driving
Negligent HOMICIDE 1st Degree
707-702.5
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
Negligent HOMICIDE (2nd Degree)
707-703
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
Negligent HOMICIDE (3rd Degree)
707-704
Negliegently causes:
Death by (vehicle) “Simple Negligence”
Assault 1st Degree
707- 710
707-710
Intentionally / Knowingly
Serious B.I.
Up to 10 yrs - B Felony
Assault 2nd Degree
707-711
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
Assault 3rd Degree
707- 712
707-712
Intentionally/ Knowingly / Recklessly
Bodily
Negligently
Bodily w/ dangerous instrument
Up to 1 yr
Misdemeanor
Petty M. - CONSENT fight
Terroristic threatening (Defined)
707-715
707-715
Threatens by word / conduct to cause
-Bodily / Serious damage / harm to property, pets, livestock
- Intent to terrorize, reckless disregard risk of terrorizing another
- Intent to cause / reckless disregard risk of evacuation of building, place of assembly, facility, public transport.
Terroristic threatening 1st Degree
707-716
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
Terroristic threatening 2nd Degree
707-717
707-717
Anything not covered in 1st
Up to 1 yr
Misdemeanor
Assault against emergency worker
707-712.7
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
Reckless Endagering 1st Degree
HRS 707- 713
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
Recklessly Endangering 2nd Degree
HRS# 707-714
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
“Widely Dangerous”
Includes Explosion, Flood, Avalanche, Collapse building, Poison Gas, Radioactive Material, Substance, Force, Capable of potential WIDESPREAD INJURY / DAMAGE.
Unlawful Imprisonment 1st Degree
707-721
Knowingly restrains risk of
- Serious B.I. (Assault as well)
Up to 5 yrs
C Felony
Unlawful Imprisonment 2nd Degree
HRS 707-722
Knowingly restrains (no risk)
Younger than 18.
Relative.
Assume custody
Up to 1 yr
Misdemeanor
What is A.O.I.?
Ability
Opportunity
Intent
When proven, higher level of forces can be used.
” Vulnerable User “
Pedestrian legally in street/ public HWY
Roadworker
Construction
Maintenance
Police
Fire
EMS
Bicycle, scooter, mobile device, wheelchair
Sexual Assault 1st Degree
707-730
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
Sexual Assault 2nd Degree
707-731
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
Sexual assault 3rd Degree
707-732
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
Sexual Assault 4th degree
707-733
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
“Indecent exposure”
707-734
707-734
Person INTENTIONALLY Exposes genitals to whom not married and likely to cause Affront.
Up to 30 days
Petty Misdemeanor
Promoting child abuse 1st Degree
707-750
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
Promoting Child Abuse 2nd Degree
707-751
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
Promoting child abuse 3rd Degree
707-752
752
Possesses any child porn material
Up to 5 years
C Felony
“Simple Negligence”
Custodial Interference 1st Degree
707-726
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
Custodial Interference 2nd Degree
707-727
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
Kidnapping
707-720
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.
Extortion
707-764
Extortion 1st Degree
707-765
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
Extortion 2nd Degree
707-766
707-766
Extortion of property, Labor, services value exceeds 50$ / YR
Up to 5 years
C Felony
Extortion 3rd Degree
707-767
707-767
Person commits extortion of property, Labor, Services UP TO 50$ / YR
Up to 1 yr
Misdemeanor
What is KPD Property Reciept?
Standard form for documenting any evidence retrieved or acquired.
Why do we fill out KPD property receipt?
To properly document / keep track of evidence collected.
How do we fill out KPD Prop. Receipt?
Description of item, belonging to, where it will be stored
Multiple items from same case must have its own form.
How many KPD Receipt forms do we make?
And for who?
3
Owner, Evidence, Officer collecting
Chain of custody for KPD Receipt forms?
List every personnel who handled evidence
Incompetent Person
unable to manage their own affairs due to mental incapacity
