Montana Criminal Code

Question 1

Common Law = ______

Answer 1

Principles

Question 2

Statutes = ______

Answer 2

Rules

Question 3

_______ is the timeframe to press charges from when a crime is completed (all the elements are satisfied)?

Answer 3

Statute of Limitations

Question 4

Statute of Limitations: Misdemeanor __ years

Answer 4

1

Question 5

Statute of Limitations: Felony __ years

Answer 5

5

Question 6

_______ is physical pain, illness, or an impairment of physical condition and included mental illness or impairment.

Answer 6

Bodily Injury

Question 7

_______ is a felony that involves the use or threat of physical force or violence against any individual.

Answer 7

Forcible Felony

Question 8

_______ is a controlled substance, and an alcoholic beverage, including but not limited to a beverage containing 1/2 of 1% of alcohol by volume.

Answer 8

Intoxicating Substance

Question 9

_______ is a reflex or convulsion; a bodily movement during unconsciousness or sleep; conduct during hypnosis or resulting from hypnotic suggestion; or a bodily movement that otherwise is not a product of the effort or determination of the actor, either conscious or habitual.

Answer 9

Involuntary Act

Question 10

_______ is aware of conduct OR aware there is a high probability that a specific result will occur.

Answer 10

Knowingly

Question 11

_______ is when a person acts purposely with respect to a result or a conduct described by a statute defining an offense if it is the person’s conscious object to engage in that conduct or to cause that result.

Answer 11

Purposely

Question 12

______ is when the person consciously disregards a risk that the result will occur or that the circumstances exists or when the person disregards a risk of which the person should be aware that the result will occur or that the circumstance exists.

Answer 12

Negligently

Question 13

______ is any building, vehicle, or other place suitable for human occupancy whether or not a person is actually present.

Answer 13

Occupied Structure

Question 14

______ is creating a substantial risk of death; causes serious or permanent disfigurement or portrays loss or impairment of the function or process of a bodily member or organ.

Answer 14

Serious Bodily Injury

Question 15

______ is the touching of the sexual or other intimate parts of the person of another, directly or through clothing.

Answer 15

Sexual Contact

Question 16

_______ is the penetration of private areas of another person by a body member or foreign object.

Answer 16

Sexual Intercourse

Question 17

_______ is the market value of the property at the time and place of the crime.

Answer 17

Value

Question 18

________ is an instrument, article, or substance that, regardless of its primary function, is readily capable of being used to produce death or serious bodily injury.

Answer 18

Weapon

Question 19

_____ _____ does not have to show purpose, knowledge, or negligent conduct.

Answer 19

Absolute Liability

Question 20

What does fitness mean?

Answer 20

They can’t assist in their defense based on mental state.

Question 21

What kind of offense does attempt, conspiracy, and solicitation fall under?

Answer 21

Inchoate Offense

Question 22

What are the elements of Deliberate Homicide 45-5-102?

Answer 22

• Purposely or knowingly causing the death of another human being
• Attempts, commits, or is legally responsible for, or in the flight thereafter from a forcible felony, and causes the death of another human being

Question 23

What are the elements of Mitigated Deliberate Homicide 45-5-103?

Answer 23

• Causes death of another human being under the influence of extreme mental or emotional stress

Question 24

What are the elements of Assault 45-5-201?

Answer 24

• Purposely or knowingly causing bodily injury
• Negligently causing bodily injury with a weapon
• Purposely or knowingly making physical contact of an insulting or provoking nature
• Purposely or knowingly causing reasonable apprehension

Question 25

What are the elements of Aggravated Assault 45-5-202?

Answer 25

• Purposely or knowingly causing serious bodily injury

Question 26

What are the elements of Assault on a Peace Officer 45-5-210?

Answer 26

• Purposely or knowingly causing bodily injury
• Reasonable apprehension of serious bodily injury by the use of a weapon, bodily injury with a weapon, or serious bodily injury

Question 27

What are the elements of Assault on a Minor 45-5-212?

Answer 27

• Victim is under 14 and the offender is 18 years of age or older

Question 28

What are the elements of Strangulation of Partner or Family Members 45-5-215?

Answer 28

• Purposely or knowingly impedes normal breathing or circulation of the blood of a partner or family member

Question 29

What are the elements of Assault With a Weapon 45-5-215?

Answer 29

• Purposely or knowingly causing bodily injury with a weapon
• Reasonable apprehension of serious bodily injury by the use of a weapon or what reasonably appears to be a weapon

Question 30

What are the elements of Assault With Bodily Fluid 45-5-214?

Answer 30

• Purposely causes one of the person’s bodily fluids to make physical contact with a law enforcement officer, staff person of a correctional or detention facility, or emergency responder or healthcare provider

Question 31

What is the age for consent of sexual intercourse?

Answer 31

14 years of age

Question 32

When is consent ineffective under Sexual Contact / Sexual Intercourse Without Consent?

Answer 32

If the victim is under 14 and the offender is 3 or more years of age older.

Question 33

What is the element of Criminal Trespass to Property 45-6-203?

Answer 33

Knowingly enters or remains unlawfully in an occupied structure or upon the premises of another

Question 34

What is the element of Burglary 45-6-204?

Answer 34

Knowing enters or remains unlawfully in an occupied structure with the purpose to commit a crime

Question 35

What are the elements of Aggravated Burglary 45-6-204(2)?

Answer 35

• Knowingly enters or remains unlawfully in an occupied structure with the purpose to commit an offense
• The person or another participant in the offense is armed with explosives or a weapon
• Purposely, knowingly, negligently inflicts or attempts to inflict bodily injury upon anyone

Question 36

What is the element of Theft 45-6-301?

Answer 36

Purposely or knowingly obtains or exerts unauthorized control over property of the owner. Purpose of depriving the owner of the property.