MISC Flashcards
Review
Definition of nighttime for B&E offenses:
1 hour after sunset to one hour before sunrise the next day.
Indecent A&B
Misdemeanor or Felony?
Felony.
Is an HPO violation a mandatory arrest?
YES!
What is the age for Child Endangerment while OUI?
14 OR Under
(child age 14 is included)
Mental Health Commitment:
For longer hospitalization, the standard of evidence is:
Proof beyond a reasonable doubt.
Standard of evidence to search a vehicle pursuant to the Motor Vehicle Exception:
Probable Cause
Standard of Evidence to search a vehicle pursuant to consent:
Reasonable suspicion.
According to JV Reference Manual: Age 14 an older, a juvenile can be held in secure detention for up to ____ hours.
6
Reckless Endangerment to Child Vs. Aggravated A&B on Child:
Reckless Endangerment Elements: The suspect must have:
- Action: Recklessly engaged in conduct that created a substantial risk of serious bodily injury or sexual abuse to a child under the age of 18; or
- Inaction: Recklessly failed to take reasonable steps to prevent a substantial risk of serious bodily injury or sexual abuse to a child under 18- provided that the suspect had a legal duty (imposed by civil or criminal law ) to act on behalf of the child.
Vs
Aggravated A&B on Child under 14
Type 1: (1) The suspect: committed and A&B on a child; (2) that caused bodily injury or substantial bodily injury
Type 2: The suspect: (1) had care and custody of a child; and (2) recklessly permitted the child to suffer bodily injury OR substantial bodily injury
Type 3: The suspect: (1) had care and custody of a child; and (2) recklessly permitted another to commit an A&B on the child that caused bodily injury or substantial bodily injury.
Key differences:
Reckless endangerment- Child under 18 and includes sexual abuse
vs
Aggravated A&B on Child= Under 14
Reckless endangerment :INACTION: Suspect had legal duty to act on behalf of child - (parent, teacher, babysitter, camp counselor, etc)
vs
Aggravated A&B on Child (Type 2 & 3) = Care & Custody (parent, guardian, employee of a home or institution or any other person with equivalent supervision or care of a child, whether the supervision is temporary or permanent”
All 3 types of Aggravated A&B requires bodily injury or substantial bodily injury (having injury is what triggers this law, the level of injury determines the punishment)
Vs
Reckless endangerment does not require injury: both types (action and inaction) require “substantial risk of serious bodily injury or sexual abuse”
Reckless Endangerment: Action and Aggravated A&B on Child: Type 1- In both, the suspect can be anyone (no requirement for Care & custody/ legal duty- also no age minimum for suspect for either offense)
A&B Type 1: A&B Bodily injury = Felony, Substantial Bodily injury= Felony
Type 2: Permitting A&B Bodily Injury= Complaint, Substantial bodily injury= Felony
Type 3: Permitting bodily injury= complaint, Substantial bodily injury= Felony
Vs.
Reckless endangerment= Both Action & inaction= Misdemeanor-Arrest breach of peace in presence only, otherwise COMPLAINT.
Example Aggravated A&B on child TYPE 2: babysitter gets drunk in your house, lets 6 year old play outside, and gets hit by a car (reckless permitted child to suffer bodily injury or substantial bodily injury)
Type 3: babysitter has boyfriend punch the 6 year old child in the face. Brutus= Type 1, BUT babysitter guilty of Type 3 (permitting another to commit A&B w/ injury)
Vs
Reckless Endangerment: Action- childs mother holding 1 year old, suspect punches her in the face- risks hitting baby or mother dropping child.
**MOST IMPORTANT- These offenses can be charged together and often are: A&B with substantial injury and Reckless endangerment of child are 2 separate charges.
A defendant may be charged with both since each offense requires additional proof that the other does not.**
ex. defendant hit child with a belt and caused serious injuries to the child’s anus that required surgery. At the same time, child endangerment occurred because the defendant purposely disregarded they risk of injury when he used the belt in this manner. While actual injury is not required to prove childe endangerment, the presence of an injury does not eliminate this charge either
OUI arrestees should receive a bail hearing within:
6 hours.
(Blank) scientifically proves that a suspect’s blood alcohol content was greater at the time he drove than when it was measured at the police station; it must be supported by expert testimony too.
“Retrograde extrapolation”
1. Railway or Trolley: Railway, trolley, trackless trolley, or other vehicles on tracks are not motor vehicles
Excluded from definition of motor vehicles:
However, the exception for trackless trolleys shall NOT apply to :
90 Sec. 17 - Speeding
90 Sec. 21-Suspended
- Sec. 24- OUI, Operating to Endanger, Leaving the scene
- Sec 25- Failure to stop, Identify etc
90 Sec. 26- Leaving the scene
Learners Permit Operator Hours:
Junior Operators License Hours
LPO- 12:00-5am
JOL- 12:30-5am
If an officer encounters this behavior: Sexual touching for arousal, or offense is in an area that recklessly risk public exposure, what would be the appropriate charge?
Lewd and Lascivious Conduct
If an officer encounters this behavior: Exposure of genitals- NOT buttocks, pubic hair, crotch, or female breast- that offends someone in either a public or private place, what would be the appropriate charge?
Indecent Exposure.
