Montana Criminal Code Flashcards
Common Law = ______
Principles
Statutes = ______
Rules
_______ is the timeframe to press charges from when a crime is completed (all the elements are satisfied)?
Statute of Limitations
Statute of Limitations: Misdemeanor __ years
1
Statute of Limitations: Felony __ years
5
_______ is physical pain, illness, or an impairment of physical condition and included mental illness or impairment.
Bodily Injury
_______ is a felony that involves the use or threat of physical force or violence against any individual.
Forcible Felony
_______ is a controlled substance, and an alcoholic beverage, including but not limited to a beverage containing 1/2 of 1% of alcohol by volume.
Intoxicating Substance
_______ 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.
Involuntary Act
_______ is aware of conduct OR aware there is a high probability that a specific result will occur.
Knowingly
_______ 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.
Purposely
______ 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.
Negligently
______ is any building, vehicle, or other place suitable for human occupancy whether or not a person is actually present.
Occupied Structure
______ 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.
Serious Bodily Injury
______ is the touching of the sexual or other intimate parts of the person of another, directly or through clothing.
Sexual Contact
_______ is the penetration of private areas of another person by a body member or foreign object.
Sexual Intercourse
_______ is the market value of the property at the time and place of the crime.
Value
________ 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.
Weapon
_____ _____ does not have to show purpose, knowledge, or negligent conduct.
Absolute Liability
What does fitness mean?
They can’t assist in their defense based on mental state.
What kind of offense does attempt, conspiracy, and solicitation fall under?
Inchoate Offense
What are the elements of Deliberate Homicide 45-5-102?
- 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
What are the elements of Mitigated Deliberate Homicide 45-5-103?
- Causes death of another human being under the influence of extreme mental or emotional stress
What are the elements of Assault 45-5-201?
- 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
What are the elements of Aggravated Assault 45-5-202?
- Purposely or knowingly causing serious bodily injury
What are the elements of Assault on a Peace Officer 45-5-210?
- 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
What are the elements of Assault on a Minor 45-5-212?
- Victim is under 14 and the offender is 18 years of age or older
What are the elements of Strangulation of Partner or Family Members 45-5-215?
- Purposely or knowingly impedes normal breathing or circulation of the blood of a partner or family member
What are the elements of Assault With a Weapon 45-5-215?
- 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
What are the elements of Assault With Bodily Fluid 45-5-214?
- 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
What is the age for consent of sexual intercourse?
14 years of age
When is consent ineffective under Sexual Contact / Sexual Intercourse Without Consent?
If the victim is under 14 and the offender is 3 or more years of age older.
What is the element of Criminal Trespass to Property 45-6-203?
Knowingly enters or remains unlawfully in an occupied structure or upon the premises of another
What is the element of Burglary 45-6-204?
Knowing enters or remains unlawfully in an occupied structure with the purpose to commit a crime
What are the elements of Aggravated Burglary 45-6-204(2)?
- 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
What is the element of Theft 45-6-301?
Purposely or knowingly obtains or exerts unauthorized control over property of the owner. Purpose of depriving the owner of the property.
