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Sergeant test II > Law > Flashcards

Law Flashcards

1
Q

1st degree assault

A

Great bodily harm on another or peace officer, prosecuting attorney, judge or correctional employee or unborn child. Add 25% penalty of bias

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2
Q

Assault 2nd degree

A

dangerous weapon-substantial bodily harm-add 25% for bias

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3
Q

Assault 3rd degree

A

Substantial bodily harm-add 25% for bias

Child abuse-under 18 yoa, engaged in a past pattern of child abuse. add 25% for bias. Under the age of 4 and cause harm to childs head, eyes, neck or otherwise cause multiple bruises to the body.

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4
Q

Assault 4th degree

A

Assault a peace officer when the officer is making a lawful arrest or executing any other duty imposed by law. 3 year felony if person inflicts demonstrable bodily harm or throws bodily fluids or feces. If it does not do the above, then its a GM. EMS and health care workers are a felony. DNR os a GM. demonstrable bodily harm. Correctional employees, employee of secure treatment facility, assault on another due to bias is a GM (2 in 5 is a felony), school official(GM), public employee with mandated duties(GM), crime prevention group,(GM) vulnerable adult(GM), reserve officer(GM), utility and postal service (GM), transit operators (GM),

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5
Q

Assault 5th degree

A

Intent to cause fear, inflict or attempt to inflict harm. Same victim in 10 is a GM. Any victim within 3 of a previous qdvro (GM), Same victim 2 qdvro in 10, is a felony, any victim to priors within 3 is a felony.

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6
Q

Domestic assault

A

Intent to cause fear, inflict, or attempt to inflict bodily harm. Prior within 10 (GM), 2 priors in 10 (felony. Strangulation-applying pressure to the neck or blocking nose or mouth, 3 year felony.

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7
Q

1st degree sales

A

on one or more occasions-17 grams of meth, 10 grams of cocaine or meth if the subject has a firearm, 10 grams of heroin, 50 of other narcotics, 50 grams or 200 dosage units containing amphetamine, phencyclidine, hallucinogen, 25 kilograms of marijuana or tetrahydrocannabinol.

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8
Q

1st degree possession

A

50 grams of meth or cocaine, 25 if the subject has a firearm, 25 grams of heroin, 500 grams or 500 dosage units of amphetamine, phencyclidine, or hallucinogen, 50 grams of marijuana or tetrahydrocannabinols

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9
Q

Aggravated controlled substance

A

100 grams or 500 dosage units and the person has a firearm or the offense involves two aggravating factors.

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10
Q

Manufacture of methamphetamine

A

Manufacture methamphetamine or possess any chemical reagent or precursors with the intent to manufacture methamphetamine.

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11
Q

Importing controlled substances across state lines

A

No person shall cross state lines while in possession of a controlled substance that constitutes a 1st degree or employ a person under 18 with any amount of controlled substance with the intent to obstruct legal process.

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12
Q

VOCSL 2-sales

A

10 grams of a narcotic other then heroin, 3 grams of more of cocaine or methamphetamine and has a firearm or involves aggravating factors, 3 grams of heroin, 10 grams or 50 dosage units of amphetamine, phencyclidine, or hallucinogen, 10 grams or more of marijuana or tetrahydrocannabinols OR any amount of schedule I or II to a minor or get a minor to sell it. school zone, public housing, or drug treatment facility any amound of schedule I or II or III or IV, 5 kilos of marijuana.

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13
Q

VOCSL 2-possession

A

25 grams of methamphetamine or cocaine, 10 grams of methamphetamine or cocaine with a firearm, 6 grams of heroin, 50 grams of more containing a narcotic, 50 grams or 100 dosage units amphetamine, phencyclidine or hallucinogen, 25 kilos of marijuana or THC.

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14
Q

Vocsl 3-sales

A

on one or more occasions with in 90 days 10 dosage ubnits of PCP or hallucinogen or selling schedule I, II, or III (except I or II narcotic drug) to a minor, or 5 kilos of marijuana.

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15
Q

VOCSL 3-possession

A

3 grams of heroin, 10 grams of cocaine or meth, 10 kilos of marijuana, 50 dosage units of narcotic drug, any amount of schedule I or II narcotic drug or 5 dosage units of LSD in a school zone. meth or amphetamine in a school zone.

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16
Q

VOCSL 4-sales

A

one or more of Schedule I, II, or III except marijuana, or Schedule IV or V to a person under 18 or employ a minor to sell IV or V or any amount of marijuana in a school, park, or public housing zone.

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17
Q

VOCSL 4-possession

A

PCP or hallucinogen 10 units or schedule I, II, or III except marijuana, with intent to sell

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18
Q

VOCSL 5-sales

A

marijuana, except small amount of marijuana, or schedule IV.

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19
Q

VOCSL 5-possession

A

Schedule I, II, II or IV, except marijuana. Procure or attempt to via fraud or false credit. less then .25 or .05 of heroin with no priors is a GM

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20
Q

Schedule V-sale or possession

A

GM, sale to a minor is 4th degree-felony, sale of Salvia Divinorum is a GM, possession is a Misdemeanor. Sale of Synthetic Cannabinoids is a Felony or GM, possession is a Misdemeanor.

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21
Q

Possession of marijuana in a MV

A

owner or driver if owner is not present. more then 1.4 grams. does not include the trunk. Glove box counts. Possession of a small amount not in a MV is a misdemeanor.

22
Q

Manufacture of drug paraphernalia

A

Misdemeanor, GM w/two of more convictions-delivery of drug paraphernalia to a minor-GM

23
Q

Simulated controlled substances

A

Felony-sell or attempt to sell non-controlled under the expressed representation that the substance is controlled or under the circumstances which would lead a reasonable person to believe it is controlled.

24
Q

Methamphetamine precursors

A

Cannot sell more then two over the counter or any combination of packages exceeding 6 grams or All packages must be behind the counter, be sold by a pharmacist, and show ID or aquire more then 6 grams in a 30 day period, or no sales under the age of 18. Does not apply to pediatric products labled for children under 12, drugs that are certified in such a manner that prevents them as being used as such, active pseudo is less than 1%.

25
Q

Schedules of drugs

A

I-High potential for abuse, no medical use-LSD, THC, Morphine, heroin
II-High potential for abuse, excepted medical use-Cocaine, crack, morphine, PCP, methadone, opium.
III-potential for abuse, currently accepted medical use, Meth, amphetamine, codeine, steroids, morphine, opium
IV-low potential for abuse, accepted medical use, Valium, phenobarbital
V-low potential for abuse, accepted medical use, non-narcotic active medicinal ingredients with certian narcotic drugs.

26
Q

Dangerous weapons 609.66

A

recklessly handle a gun, weapon, or explosive (Misd). Point a gun loaded or unloaded at another (Misd). Manufacture or sell a slingshot or sand club (Misd). Manufacture or possess metal knuckles or switchblades (Misd). Allow a child to handle a firearm without parental consent (Misd).

27
Q

Transferring firearm w/out background check 624.7132

A

other than a fed firearms dealer, whoever transfers a pistol, or semi-auto military-style assault weapon to another without complying with the transfer requirements (GM). The transferee uses it in a crime of violence and the person was prohibited. or it was foreseeable at the time of transfer the person could use the firearm in a crime of violence.

28
Q

Dangerous weapons 609.66

A

Possess a suppressor (Felony) or discharge the firearm that endangers the safety of another or recklessly discharge a firearm within a municipality or while in a municipality furnish a minor with a firearm, ammo, or explosive without parental consent or recklessly furnish a person with a dangerous weapon knowing the person will use it in a felony or keep a firearm on school property (lots of exceptions, permission, landowner, peace officer). Brandish a replica firearm on school property (GM), possess is a (Misd). the permit holder cannot carry on school property (Misd). BB gun ejects a shot of .18 of an inch. Drive by shooting at a building or car (felony). Possession in courthouses of state buildings (felony) there is exceptions.

29
Q

Negligent storage of firearms 609.666

A

GM negligently stores of leaves a loaded firearm in a location where the person knows, or should know, that a child is likely to gain access.

30
Q

Removal of alteration of serial number

A

Felony alters or receive or possess
a firearm with no serial number.

31
Q

Machine gun and short barreled shotguns

A

possess or operate a machine gun, trigger activator, or machine gun conversation kit, or short-barreled shotgun (less then 18 inches). Felony

32
Q

Disorderly conduct 609.72

A

engage in brawling or fighting or disturb an assembly or meeting, not unlawful in its character or engage in offensive, obscene, abusive, boisterous or noisy conduct or in offensive language tending reasonable to arouse alarm, anger or resentment in others. if the acts are committed in a public place or private place including a school bus. (Misd). for caregivers its a GM.

33
Q

obstructing legal process

A

Obstruct, hinder or prevent lawful execution of any legal process, civil or criminal or resist or interfere with a PO or firefighter, or ambulance, or internal revenue service. causes death or substantial bodily harm (felony), force or violence (GM), otherwise (Misd).

34
Q

Disarming a peace officer

A

take possession of a defensive device being carried by a PO. firearm, tear gas, ECD, baton, or any device designed for protection (felony)

35
Q

Aiding an offender

A

harbor, conceal or aid by words or acts another whom the defendant knows or has reason to know has committed a crime under the laws of this another state. (felony). or harbor or conceal someone who is on probation, parol or supervised release due to a felony and the arrest has been ordered.

36
Q

Accomplice after the fact

A

intentionally aid another whom the defendant knows has committed a criminal act (murder, assault 1,2 ,2, burglary, kidnapping, false imprisonment, manslaughter 1, 2, aggravated and simple robbery, crim sex 1, 2, 3, escape from custody, arson 1, 2,, 3, and 152 felony)by destroying evidence of a crime or providing false or misleading information. No person shall take responsibilities for another criminal acts.

37
Q

Falsely reporting a crime

A

Inform a PO that a crime has been committed, knowing he/she is a peace officer, knowing that it is false (Misd). 2nd conviction is a GM. using the criminal alert network is a misd. or falsely accuse a PO of misconduct. A criminal act is a GM

38
Q

Definition of a Peace officer

A

licensed by board, Federally recognized tribe, US code title 25. Department of commerce insurance fraud unit, department of corrections fugitive apprehension unit, alcohol and gambling enforcement.

39
Q

Order for protection violation

A

person who knows of existence of the order and violates it (Misd). previous within 10 is GM. Violation within 10 of the first of two previous convictions (felony). Violation with a dangerous weapon (felony). May be prosecuted where any call is made or received. Phone violations are prosecuted where the actor or victim resides or the jurisdiction of the victims designated address of the victim participates in the address confidentiality program.

40
Q

QDVRO

A

Qualified domestic violence-related offense. VOP, murder,1 and 2, assault 1, 2, 3, 4, and 5, female genital mutilation, strangulation, crim sex 1, 2, 3, and 4, malicious punishment of a child, terroristic threats, restraining order violation, harassment/stalking, 911 interference, and similar laws in other states and territories.

41
Q

Violation of a domestic abuse no contact order.

A

Misd, 2nd QDVRO within 10 (GM), 3rd within 10 (felony). Dangerous weapon (felony). Prosecuted where the call is made or recieved, phone violations where the actor or victim resides, or designated address of victim if hiding.

42
Q

Arrest

A

Shall arrest without a warrant if there is PC for danco violation, even if not in the presence of a peace officer.

43
Q

DANCO definition

A

order issued by the court against a defendant in a criminal proceeding for domestic abuse, harassment or stalking (domestic related), violation of a prior DANCO.

44
Q

Certain persons not to have pistols, ammo, firearms

A

No person under 18 unless they are with a parent, military drill, instruction or target practice w/supervision, approved course by the DNR. No person under 21 can carry an assault weapon in a public place (felony).

45
Q

Crimes of violence

A

Nobody can carry or possess ammo or a firearm if they have been convicted, or an adjudicated delinquent of a crime of violence anywhere. Does not apply to those who have received a relief of disability or whose ability to possess a firearm has been restored. FOr those discharged from sentence after 8-1-1993.

46
Q

Enhancement of firearm prohibition time period

A

Suppose the defendant is convicted in any state of assaulting a family member and using a firearm. In that case, the court may prohibit the possession of any firearm for a period of 3 years to life. Violation of this provision is a GM.

47
Q

Possession of a firearm and ammo-crime of violence.

A

No person who has been convicted of a crime of violence may ship, transport, possess or receive a firearm or ammo. Does not apply to antiques.

48
Q

Mentally ill III-not committed (GM)

A

No person who has been committed to a state treatment facility, a judicial determination that the person is mentally ill, mentally disabled, or dangerous to the public.

49
Q

Drug conviction

A

Convicted of a misdemeanor or GM of 152 or hospitalized or committed for treatment for the habitual use of a controlled substance. Does not apply if the person has a note from the doctor.

50
Q

Peace officers

A

No PO who is informally admitted to a treatment facility for chemical dependency may have firearms or ammo unless they possess a certificate for the head of the treatment facility.

51
Q

Pretrial divisionary program

A

No person charged with a crime of violence and has been placed in pretrial diversion may have a firearm or ammo until the person has completed the diversion program.

52
Q

Previous assault conviction

A

After 8-1-92, the conviction of 5th-degree assault (609.221 and 609.224)if the offense was committed within the last 3 years. Domestic assault. Stalking or VOP (GM) after 8-1-1996.

Sergeant test II (1 decks)

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