Final review definitions/miscellaneous Flashcards
Offense
Any conduct for which a jail sentence or fine may be impose d
Felony
Any crime punishable by imprisonment in a state prison for a period of more than one year
Misdemeanor
A crime that is punishable by imprisonments in a city or county jail for a period of more than 15 days but less than a year
Violation
An offense that is punishable by imprisonment in a city or county jail for up to 15 duas
Criminal negligence
When a person fails to recognize a substantial and unjustifiable risk
Reckless
A person is aware of and consciously disregards a substantial and unjustifiable risk
Criminal possession of stolen property
Misdemeanor
Is based Strictly off the monetary value of the property taken when the value is $1000 or less
Premisss
Include a “building” and any real propert
Buildinf
I’m addition to its ordinary meaning includdes an enclosed motor tricky or motor truck trailer
Dwelling
A building that usually occupied by a person for overnight lodging
Criminal possession of stolen property (felony)
When a person is in possession of stolen property and follows the 7 grand larceny rules
Criminal trespass felony
A person enters or remains unlawfully in a building or knows of another person who is in possession. Of a fire arm not weapon etc
Trespass violation
A person knowingly enters or remains unlawfully in or upon premises
Burglary
Felony;
A person knowingly enters or remains unlawfully in a building with intent to commit any. Time in that building
Criminal mischief misdemeanor
When a person intentionally damages property belonging to another the amount is $250 or less OR
Recklessly damages property amount exceeding $250 (so $250.01 or more)
Arson misdemeanor
When a person intentionally damages property of another w/o consent by intentionally
Starting a fire OR causing an explosion
Harassment 2nd degree-violation
Intent to harass annoy or alarm another person in 3 ways
Harassment 2nd degree violation 3 ways
Psychical confact-strikes shoves kicks etc
Annoying by folllwojng- he or she follows a person in or about a public place
Annoying conduct generally-repeatedly commits acts which alarm or seriously annnous persons and which serve no legeitimste purpose
Harassment 1st degree-misdemeanor
Repeatedly annoys by follow endgames in annoying acts and repeatedly commits acts which place person in fear of physical danger
Aggravated harassment 2nd degree-misdemeanor
Basically by communications, the communications requires a threat of physical harm to a person or property
Reckless endangerment felony
Shows a “depraved indifference to human life” and “creates a grave risk of death to another”
Depraved indifference
A complete and total disregard for human life
Menancing
To show an intention to place another person in reasonable fear of imminent harm or injirt
Main difference between menacing 2nd and 3rd degrees is
2nd degree requires either the display of a weapon or commission of a series of acts designed to place a person in reasonable hear of an injurty
Three factors to consider in determining degree of assault
Culpable mental state
Extent of injury
Use of a deadly weapon or dangerous instrument
Sexual conduct
Sexual inter purse anal sex conduct aggravated sexual contact or sexual contact
Sexual inter purse
Any penetration no matter how slight from Leno’s to vagina
Oral sexual conduct
Mouth to penis mouth to anus and mouth to vagina
Sexual contact
Any touching of the sexual parts
Lack of consent includes
Mentally disabled Mentally incapacitated Physically helpless Forcible compulsion Under age Office of children and family services Health mental care provider Correctional facility Vulnerable person
All sex offenses have one thing in common
Lack of consent
Sexual misconduct misdemeanor committed in 3 ways
He or she engages in sexual intercourse with someone who can’t. I sent do to age
Same for oral
And sexual conduct with animal or dead human body
Sexual abuse
Subjects another person to sexual contact without persons consent
Aggravated assault is always a felony
True
Complaints are
Allegations of crimes violations and other conditions which require an investigation
Command precinct taking report
Used for where command/precinct where crime is being reported ex: if it occurs on Union and court street within 76 precinct but reported in Teamsit district 34 it would be TD 33 for the command and 76 will be precinct of occurrence
Incidents occurring outside of transit and Nypd will
Be recorded accordingly example JFK would be recorded under “port authority police department “
Security lead seas are utilized when invoicing property without
Serial numbers
Identifying marks
And difficult to describe
Property that requires a separate invoice
Different property types
Different property categories
Different owners
Property that will be delivered to different locations
Bloodstai, DNA, serology, or other biological evidence
Different property types
Firearms Controlled substances Currency Jewelry Vehicles/Boats General property Forensic evidence And explosives
