MBE Criminal Law - Minor Crimes

Question 1

Reckless Endangerment

Answer 1

Misdemeanor results from reckless conduct that creates substantial risk of death or serious physical injury to another. Each person endangered is separate count

Question 2

False Imprisonment

Answer 2

(1) unlawful confinement of a person (2) without his valid consent.
punishable as aggravated assault

Question 3

Kidnapping

Answer 3

aggravated false imprisonment + movement of victim with intent to move or conceal

Question 4

Child Abuse

Answer 4

2 types - child physical abuse and child sexual abuse.

• -Requires victim be under 18 and D to be parent, guardian, family member, teacher, babysitter, etc.
• -2nd Degree: Above + act or omission that results in physical injury
• -1st Degree: 2nd degree + aggravator that caused death, brain injury, starvation, or substantial risk of death or disfigurement

Question 5

Carjacking

Answer 5

(1) obtaining unauthorized control of a vehicle from victim’s actual possession (2) general intent to possess vehicle. If armed it is called “armed carjacking”

Question 6

Harassment

Answer 6

misdemeanor - (1) follow another to maliciously engage in conduct that harms or seriously annoys another after having been requested to stop (2) use a phone to make repeated calls to annoy, etc. (3) use email (4) use laser pointer

Question 7

Stalking

Answer 7

persistent pattern of conduct of approaching/pursuing another with intent or subjective knowledge that person has reasonable fear of injury or death

Question 8

Abuse or Neglect of Vulnerable Adult

Answer 8

misdemeanor that becomes felony if it includes sexual abuse, serious physical injury, or death

Question 9

Peace Order

Answer 9

may be obtained for up to six months for recent victims of rape, assault, stalking, trespass. Ex parte for up to 30 days

Question 10

Forgery

Answer 10

(1) making or altering (2) of a false writing (3) of apparent legal significance (4) with specific intent to cheat or defraud

Question 11

Uttering

Answer 11

(1) presenting, passing, or attempting to pass (2) a known forged instrument (3) with specific intent to cheat or defraud

Question 12

Malicious Destruction of Property

Answer 12

(1) damaging, destroying, defacing (2) another person’s real or personal property (3) with specific intent ot harm others or their property

Question 13

Escape

Answer 13

1st Degree Felony Escape is from jail.

2nd degree is failure to report

Question 14

Weapons Offenses

Answer 14

(1) possession of dangerous weapon: (a) wearing or carrying (b) concealed or in open (c) with intent to cause injury. More than temporary possession & dangerous weapon is broad
(2) possession of handgun: (a) wearing, transporting, or carrying a handgun
(3) Use of handgun in Commission of Felony or Crime of Violence: must employ, not merely possess. Must cause fear of harm

Question 15

Drug Offenses

Answer 15

(1) Possession: actual or constructive dominion and control. knowledge of possession and illicit character
(2) Possession with intent to distribute: no minimum amount needed