LD # 7 Crimes Against Persons

Question 0

Battery causing/inflicting serious bodily injury

Answer 0

a serious impairment or physical condition, including, but not limited to:
concussion
loss of consciousness
bone fracture
protracted loss or impairment of any member or organ
extensive suturing
serious disfigurement

Felony

Question 1

Battery

Answer 1

any willful and unlawful use of force or violence upon the person of another

Misdemeanor

Question 2

assault with a deadly weapon or by means of force

Answer 2

unlawful attempt, and the present ability to commit a violent injury upon the person of another by use of a deadly weapon or force likely to produce great bodily injury

Felony

Question 3

elder or dependent adult abuse

Answer 3

the infliction of unjustifiable physical pain or mental suffering upon an elder or dependent adult or theft or embezzlement from an elder or dependent adult

Question 4

Felony elder abuse

Answer 4

under any circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult to:

• suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or
• having care and custody, permits the person or health to be injured, or
• be placed in a situation such that the person or health is endangered.

Question 5

Misdemeanor elder abuse

Answer 5

under circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured or placed in a situation in which his or her person or health may be endangered

Question 6

Kidnapping

Answer 6

Unlawful taking of a person against his or her will, by force or fear, from one place to another is a felony.

Question 7

False Imprisonment

Define and distinguish between misdemeanor and felony

Answer 7

Unlawful violation of the personal liberty of another is a misdemeanor; felony, if accomplished by violence, menace, fraud, or deceit.

Question 8

Detainment or concealment of a child from legal custodian

Answer 8

Every person not having the right of custody, who maliciously takes, entices, or conceals away any minor child with the intent to detain or conceal from a person having lawful custody is a felony.

Question 9

Deprivation of custody of a child

Answer 9

Every person who has the shared right of custody or visitation pursuant to a court order who detains, conceals, takes, or entices away with intent to deprive the other person of custody is a felony.

Question 10

Robbery

Answer 10

Taking of personal property of another from the person or immediate presence against the person’s will accomplished by means of force or fear with the specific intent to permanently deprive that person of the property is a felony.

Question 11

Carjacking

Answer 11

Taking of a motor vehicle from the person or immediate presence of a possessor or passenger by force or fear with the intent to either permanently or temporarily deprive the possessor or passenger is a felony.

Question 12

Murder

Answer 12

unlawful killing of a human being or fetus with malice aforethought

Question 13

Malice aforethought

Answer 13

Malice aforethought may be expressed or implied and is expressed when there is an intent to kill. Malice aforethought is implied when the killer, although not intending to kill, manifests a conscious disregard for life. Conscious disregard for life occurs when the killing results from an intentional act, the natural consequences of which are dangerous to life, and the act is performed by one fully aware of the danger, but who proceeds in spite of the danger.

Question 14

Circumstances for first degree murder

Answer 14

PETPLY

Premeditated
Explosives
Torture
Poison
Lying in wait

Question 15

Felony murder rule

Answer 15

occurs when any killing happens during the commission of certain felonies:

arson 
robbery 
burglary 
mayhem 
train wrecking 
rape 
carjacking 
kidnapping 
drive by shooting

Question 16

manslaughter

Answer 16

the unlawful killing of a human being without malice aforethought or upon a sudden quarrel or heat of passion.

Question 17

Heat of passion

Answer 17

implies a blinding rage which clouds judgment and common sense and prompts a person to act rashly, without deliberation. Voluntary manslaughter during heat of passion presumes that the act was committed without deliberation or reflection. If a reasonable person would have had time to “cool off” and regain senses between the provocation and the act of killing, the homicide may be presumed to be an act with malice aforethought, a murder, rather than voluntary manslaughter.

Question 18

Imperfect self-defense

Answer 18

the killer had an actual belief in the necessity to use deadly force to defend himself against imminent peril to life or great bodily injury, but under the circumstances, this belief, no matter how genuine, was not reasonable

Question 19

involuntary manslaughter

Answer 19

in the commission of an unlawful act not amounting to a felony or in the commission of a lawful act which might produce death in an unlawful manner, or without caution and circumspection

Question 20

Vehicular manslaughter

Answer 20

The crime of vehicular manslaughter depends on two elements: The intoxication or condition of the driver, the level of negligence displayed by the driver.

Question 21

Categories of vehicular manslaughter

Answer 21

Gross negligence while intoxicated (felony)
Gross negligence while not intoxicated (felony)
Ordinary negligence while intoxicated (felony)
Ordinary negligence while not intoxicated (misdemeanor)