Law Test 2 Flashcards
When dealing with an offense that involves fire destroying or damaging a building, an officer can consider which of the following types of property as a building regardless of how it is/was used? Choose all that would be correct. (3 pts)
a. RV Trailer
b. Church
c. Trash Dumpster
d. Vacant House
a. RV Trailer
b. Church
d. Vacant House
After purchasing a large farm, a developer sets an old barn on fire with the intent to have it burn down to ashes so workers can come in the next day to clear out the remains. After starting the fire and most of the structure collapsing, the developer leaves for the night. Later, a burning ember is carried to a nearby wooded lot, which then starts a brush fire. The fire department responds and in extinguishing the fire a firefighter sustains a serious physical injury. What is the proper crime to charge?
a. Arson 3rd
b. Arson 1st
c. Arson 2nd
d. Wanton Endangerment
b. Arson 1st
Two subjects were charged with possession of marijuana. The Officer observed both the subjects within close proximity of some baggies of marijuana as well as a small wooden box that appeared to be used for the storage of marijuana. Marijuana residue was observed inside the storage box. Choose the truest statement below:
a. The Officer could not charge the defendants with possession of drug paraphernalia because the box appeared to be used only for storage and not in the actual ingestion or manufacturing of the drug.
b. The defendants could be charged with the possession of drug paraphernalia as well
c. Can’t charge Possession of drug paraphernalia because it is a lesser included offense of possession of the marijuana
d. Charge the defendants with controlled substance not in the original container.
b. The defendants could be charged with the possession of drug paraphernalia as well
Trafficking in marijuana, a Schedule I drug, is not a felony if the amount is less than eight ounces, and it is a first offense.
TRUE / FALSE
TRUE
According to KRS 218A.1437 Unlawful Possession of a Methamphetamine Precursor : a suspect must possess _________ grams of precursor within _______ days to constitute prima facie evidence of the intent to use the drug product as a precursor to methamphetamine.
a. 3, 30
b. 9, 30
c. 30, 30
d. 90, 90
b. 9, 30
True or False: The definition of “building” is exactly the same everywhere in the KRS?
True/False
False
Choose the word that matches KRS218A.010 sec. (28) the definition of Marijuana: Any compound, mixture, or preparation to be considered marijuana, it will contain _________ amount of marijuana substances.
a. A measurable amount
b. Any
c. Detectable
d. Some
b. Any
An element of bribery is to agree to do something for something in return. You cannot be convicted of bribery and conspiracy for the same act, just bribery.
TRUE / FALSE
TRUE
From the list below, choose all the items that have “Pecuniary Benefit” as discussed in class:
a. A gift certificate good towards a 30-minute massage at a local spa.
b. $10 cash
c. Someone will “owe you one”
d. 1 year membership to the country club
e. A one-year supply of commercial quality toilet paper
a. A gift certificate good towards a 30-minute massage at a local spa.
b. $10 cash
d. 1 year membership to the country club
e. A one-year supply of commercial quality toilet paper
In commercial bribery, one of two types of relationship must exist for the crime to occur; either an employee/employer relationship or a ____________ relationship.
a. Beneficial
b. Beneficiary
c. Fiduciary
d. Subservient
c. Fiduciary
As discussed in class, when dealing with controlled substances, there are really only a limited number of prohibited acts, what makes it confusing is the particular controlled substance involved. From the list below, select each that describe what was taught as being one of the prohibited acts:
a. Using it (being intoxicated).
b. Making it (Manufacturing/cultivating).
c. Confessing they are habitual users of it.
d. Trafficking (selling, giving, transporting).
e. Possessing (Have dominion and control over it).
f. Making a speech about legalizing it.
g. Lying, cheating, or stealing to get it.
b. Making it (Manufacturing/cultivating).
d. Trafficking (selling, giving, transporting).
e. Possessing (Have dominion and control over it).
g. Lying, cheating, or stealing to get it.
An officer is about to arrest a suspect when the suspect holds up a $100 bill and tells the officer, “This is for you……please don’t arrest me…I’ll take a citation and go to court, I promise.” The officer takes the money, writes the citation and releases the suspect from custody. Choose from the list below all that apply with the associated crime each committed. 2pt
a. Bribery of public servant, committed by suspect
b. Bribe Receiving by a witness, committed by officer
c. Bribing a witness, committed by shoplifter
d. Bribery of public servant, committed by officer
e. Receiving unlawful compensation, committed by officer
a. Bribery of public servant, committed by suspect
d. Bribery of public servant, committed by officer
A 35 year old man uses a social networking web site to convince a 15 year old girl to invite him to her house so they can engage in sexual intercourse. He signs off the computer, and instead of going to the girl’s home, he goes to bed. Police were monitoring the online chat. They respond to the suspect’s home, arriving after he has gone to bed. When he finally comes to the door they confront him. What would be the best charge?
a. Attempted Rape 1st
b. Conspiracy of Rape 3rd
c. Solicitation of Sexual Misconduct
d. Unlawful use of electronic means to induce a minor to engage in sexual or other prohibited activities
d. Unlawful use of electronic means to induce a minor to engage in sexual or other prohibited activities
You are dispatched to take a report in regards to sexual assault. The victim, a 20 year old man, states another man pointed a gun at him and “raped” him. To find out what he meant by rape, the man explains that he had to perform oral sex on the suspect. What is the proper charge?
a. Rape 1st
b. Sexual Abuse 1st
c. Sodomy 1st
d. Cannot yet be determined until the SANE exam determines whether ejaculation occurred?
c. Sodomy 1st
Theft of a firearm is always a felony offense.
True / False
True
What offense is committed when, with the intent to commit a crime, the suspect knowingly enters or remains unlawfully in a dwelling?
Burglary 2nd Degree
- List the penalty (class of crime) for the theft of each of the following:
a. Stolen property valued under $1,000
b. Stolen property valued $1,000 or more
c. Firearm
d. Anhydrous Ammonia (first offense)
Misdemeanor
Felony
Felony
Felony
You are dispatched to a suspicious subject pacing in the parking lot of PNC Bank. Upon arrival, you get out with him and he gives you consent to search him. You locate a Glock 26 handgun in his waistband. You run the serial number of the Glock through NCIC and determine the gun is stolen. What is the best charge under only these facts?
a. TBUT – Firearm
b. Receiving Stolen Property – Firearm
c. Attempted Robbery 1st
d. Criminal Trespass 2nd
b. Receiving Stolen Property – Firearm
- Fill in the blanks to make this statement true: Physical Injury is defined in the KRS as a person having at least one of the following:
____________ physical pain, or
any ________ of physical condition.
Substantial
impairment
Last weekend a teacher celebrated her 21st birthday. She decides to contact one of her students and arranges to have the student visit her at her apartment to “celebrate.” The 16 year old student hops on his bike and pedals his way over to her apartment. Once inside, they have sex. What is the best charge to place?
a. Rape 2nd
b. Rape 3rd
c. No Crime was committed
d. Sexual Misconduct
b. Rape 3rd
The difference between Unlawful Imprisonment 1st and 2nd is the element of:
a. Released in a Danger Place
b. Risk of Serious Physical Injury
c. Causes Serious Physical Injury
d. To Advance the Commission of a Felony
b. Risk of Serious Physical Injury
Can a parent of a child commit custodial interference when there is no “authority of law” to the agreement between the divorced parents over custody of the child?
a. Yes
b. No
b. No
A person is guilty of Theft by Unlawful Taking or Disposition (TBUT) when the suspect _____________ or exercises control over movable property of another with intent to deprive him thereof.
a. Unlawfully misplaces
b. Lawfully takes
c. Unlawfully takes
d. Takes control
c. Unlawfully takes
Fill in the blank to show the proper level (letter) of Felony based on the scenario: Tonya is kidnapped and held for ransom. When she is released she has no injuries from the incident. What level felony would the kidnappers be charged with?
B Felony
As a general rule, when a patrol officer is dealing with a suspect cashing a forged check, the officer should focus on developing probable cause to charge what crime?
a. Forgery 1st
b. Criminal Possession of a Forged Instrument 2nd
c. Forgery 2nd
d. Criminal Possession of a Forged Instrument 1st
b. Criminal Possession of a Forged Instrument 2nd
A grocery store knowingly installed a scale in the deli section that weighs things heavier than they actually are. What crime that was discussed in class would be most appropriate for this act?
a. Deceptive Business Practices
b. Theft by Deception
c. Fraudulent Use of a Measuring Device
d. None of the Above
a. Deceptive Business Practices
Ticket Scalping is selling a ticket at any price above its face value without authorization.
TRUE / FALSE
TRUE
It is a violation of Kentucky law for a person to acquire and wear in public a uniform that resembles so closely an actual Kentucky Peace Officer uniform that members of the general public would believe the person is an employee of that agency.
TRUE / FALSE
FALSE
KRS 523.040, False Swearing is when a person makes a false statement, which he does not believe, under oath.
TRUE / FALSE
TRUE
From the list below, choose all the acts which would be considered an offense of the crime of Falsely Reporting an Incident.
a. Report an incident that is occurring that is not a matter which police respond to
b. Report to police an incident within law enforcement’s official concern that the complainant knows didn’t occur
c. Report behavior of an innocent person who acted suspicious
d. Reports false information as a witness to a crime
e. Lie to police to implicate someone who is innocent
f. Call 911 to report information about something that is not considered an emergency
g. To cause public inconvenience or alarm, falsely report an incident
h. Calls 911 and knowingly reports a false alarm that results in an emergency response
b. Report to police an incident within law enforcement’s official concern that the complainant knows didn’t occur
d. Reports false information as a witness to a crime
e. Lie to police to implicate someone who is innocent
g. To cause public inconvenience or alarm, falsely report an incident
h. Calls 911 and knowingly reports a false alarm that results in an emergency response
What type of property is protected by Criminal Trespass 1st Degree?
Dwelling
There are 6 stipulations required for a DVO.
TRUE /FALSE
FALSE
There are 8 stipulations available for a DVO. TRUE/FALSE
TRUE
When filing for an Emergency Protective Order (EPO) it can be done ___ hours a day, ___ days a week. EPOs lasts up to ___ days, at which time a ___ for a DVO will occur. Petitioner can ask for/be granted 6 actions in the EPO.
24
7
14
hearing
Based only on the information provided, select all the relationship(s) that CANNOT apply for an EPO:
a. John and James are roommates and no other relationship exists
b. Carrie and James are married and live together
c. Carrie and her children are separated from her husband, James
d. Carrie and John are brother and sister
a. John and James are roommates and no other relationship exists
A Foreign protective order filed in a court of competent jurisdiction shall have the same effect and be enforced in the same manner as an emergency protective order issued in this state.
TRUE / FALSE
TRUE
Violation of a protective order is what level offense?
a. Violation of State Law
b. Class A Misdemeanor
c. Class A Felony
d. Class D Felony
b. Class A Misdemeanor
What offense is committed when, under circumstances manifesting extreme indifference to the value of human life, the suspect wantonly engages in conduct which creates a substantial danger of death or serious physical injury to another person?
Wanton Endangerment 1st Degree
Violations of a TIPO/IPO DO NOT need to occur in an Officer’s presence to be arrestable.
TRUE / FALSE
TRUE