MO Criminal Code

Question 1

Define deliberation as it relates to murder

Answer 1

A cool reflection for any length of time no matter how brief

Question 2

Name five or ten aggravating circumstances for murder

Answer 2

Person has prior conviction for murder or assaultive convictions
Created risk of death with weapon or device normally hazardous to several people
To get money or value from someone
Against any gov official
Hired someone
The act was wantonly vile
Escaped custody or trying to prevent arrest
Attempting any other part one crime
Victim was a witness
During crimes with a pattern of street gang activity

Question 3

Name the six MITIGATING circumstances for murder

Answer 3

No major history of criminal activity
Under influence of mental or emotional disturbance
Victim participated or consented to act
Suspect was accomplice but role was minor
Acted under duress or domination
Couldn’t appreciate criminality
Age at Time of crime

Question 4

Elements of murder second

Answer 4

Knowingly causes death OR
kills with purpose of causing serious physical harm OR
while committing any felony OR
Flight from felony

Question 5

Elements of voluntary manslaughter

Answer 5

Practically certain of taking life OR
having conscious object of causing serious physical injury AND
did so under influence of sudden passion/adequate cause OR

helped with suicide

Question 6

Involuntary manslaughter 1st

Answer 6

Recklessly kills OR

kills while intoxicated

Question 7

Elements of assault 1st

Answer 7

Attempts to kill OR
cause serious physical injury OR
knowingly causes serious physical injury

Question 8

Assault 2nd

Answer 8

What would normally be assault 1 but was acting under sudden passion/adequate cause
Knowingly or attempts physical injury with a deadly weapon or dangerous instrument OR
Causes physical injury instead of serious injury as in assault 1

Question 9

Elements of assault 3

Answer 9

Tried to cause physical injury
Causes physical injury
Recklessly, with criminal negligence using a deadly weapon OR
knowingly causes physical contact with incapacitated person which an awake person would consider offensive or provocative
Purposely places person in apprehension of immediate physical injury OR
physical contact knowing victim will find it offensive or provocative

Question 10

Can you consent to an assault?

Answer 10

Yes ; consent as a defense see chapter 5 in statutes

Question 11

What crime is committed if a suspect makes or attempts to physically contact a PO without consent
OR
places a PO in apprehension of immediate physical injury

Answer 11

Assault 3 on LEO

Question 12

What age is considered an elderly

Answer 12

60

Question 13

What is a vulnerable person

Answer 13

Someone in the care custody and control of the dept of mental health that is receiving services

Question 14

Any harm, threat of harm or bribe etc against a judicial official is what crime

Answer 14

Tampering with a judicial officer

Question 15

Elements of harassment

Answer 15

Knowingly communicates a threat to commit a felony which frightens etc OR
uses coarse language which makes one scared of physical contact OR
Scares someone by call or any electronic communication
Repeated unwanted communications OR
scares an under 18 yo by communication

Question 16

Is cross burning a crime

Answer 16

Yes

Question 17

Elements of kidnapping

Answer 17

Unlawfully removed from where person is OR
confines for substantial period of time without consent for the purpose of ransom
Used as shield or hostage

Question 18

Elements of felonious restraint

Answer 18

Knowingly restrains
Unlawfully AND without consent AND substantially interferes with their liberty AND exposes victim to substantial risk of serious physical injury

Under 14 doesn’t matter if consent given

Without the risk of injury the charge is false imprisonment

Question 19

Elements of interference with custody

Answer 19

Takes or entices from lawful custody
Anyone entrusted to the custody of another by institution or court order
Knowing you had no right to do so

Question 20

Elements of parental kidnapping

Answer 20

Without good cause

Deprived another who also has custod

Question 21

Elements of child abduction

Answer 21

Takes after being served divorce papers or paternity test, but prior to the issuance of custody orders OR
Deprives visit or custody rights without written permission

Question 22

The elements of murder 1st are

Answer 22

Knowingly
Causes the death of another
After deliberation

Question 23

Sex with any child under 14 is what crime

Answer 23

Statutory rape 1st

Question 24

Sex with child 14-16 by person 21 or older

Answer 24

Statutory rape 2nd

Question 25

Elements of rape 1st

Answer 25

Sexual intercourse by forcible compulsion OR

Who is incapacitated, incapable of consent or lacks ability to consent

Question 26

Elements of sodomy 1st

Answer 26

Having deviate sexual intercourse by forcible compulsion OR

Unable to give consent

Question 27

Elements of rape 2nd and deviate sexual 2nd

Answer 27

Sex knowing it’s done without consent same for

deviate sexual

Question 28

Elements of sexual abuse 1st

Answer 28

Has sexual contact by forcible compulsion

Question 29

Elements of sexual misconduct

Answer 29

Basically exposing self

Question 30

Elements of child molestation 1st

Answer 30

Sexual contact to child under 14