NY BAR REVIEW 25

Question 1

criminally negligent homicide

Answer 1

1 causes death of another due to criminal negligence.
failure to perceive risk is not enough, by itself, for conviction. def’s conduct also must have been culpable or morally blameworthy and the death producing event foreseeable. to be morally blameworthy, conduct must constitute a gross deviation from ordinary standard of care held by those who share community’s general sense of right and wrong. simple speeding alone usually isnt sufficient for conviction

Question 2

unlawful imprisonment

Answer 2

confinement must be intentional, and must interfere substantially w victim’s liberty

Question 3

any deg of kidnapping qualifies for what?

Answer 3

felony murder

Question 4

1st deg kidnapping

Answer 4

person abducts another w intent to compel 3rd person to pay ransom or act or refrain from acting or restrains victim for more than 12 hrs w intent to inflict physical injury or sexual violation or abuse, accomplish or advance a felony, terrorize the victim or a 3rd person, or interfere w performance of governmental or political function or victim dies during abduction or before safe return.
death is presumed if victim is under 16 y of age or incompetent and hasnt been seen or heard from and no reliable info indicates that victim is alive. if victim is over 16 y of age, death is presumed from victim’s failure to communicate w person with whom contact would have been extremely likely if victim was able.

Question 5

abduction also means what?

Answer 5

secreting in a place where not likely to be found

Question 6

2nd deg kidnapping

Answer 6

abduction

Question 7

affirmative defense

Answer 7

victim was a relative and def’s sole purpose was to assume control of victim

Question 8

custodial interference / misdemeanor

Answer 8

if relative of person under 16 or incompetent takes that person from lawful custodian w intent to wrongfully hold that person permanently or for protracted period.

Question 9

custodial interference / felony

Answer 9

if person under 16 or incompetent is exposed to risk that endangers safety or materially impairs their health, or w intent to permanently remove victim from state, def removes victim from state

Question 10

custodial interference / affirmative defense

Answer 10

if crime based on removal from state provision if victim had been abandoned or taking was to protect victim from abuse or mistreatment

Question 11

endangering welfare of minor

Answer 11

guilty of endangering welfare of child / younger than 17, when knowingly acts in manner that will likely physically, mentally, or morally injure child. soliciting child to commit a crime injures child’s morals, authorizes child to engage in dangerous occupation, legally charged w care or custody of child, younger than 18, fails to exercise reasonable diligence in control of child to prevent from becoming abused, neglected, juvenile delinquent, or person in need of supervision

Question 12

sex offenses

Answer 12

element of ever sex offense - sexual act committed without victim’s consent.
person under 17, mentally defective or incapacitated, physically helpless, deemed incapable of consenting.

Question 13

rape

Answer 13

by statute, marital and gender exemptions have been STRICKEN!!

Question 14

1st deg rape or criminal sexual act

Answer 14

qualifies for 1st deg murder or felony murder

Question 15

1st deg rape or criminal sexual act

Answer 15

person engages in sexual intercourse w another -

1. less than 1 1 y of age
2. physically helpless
3. by forcible compulsion
4. is less than 13 y of age and actor is 18 or older

Question 16

1st deg rape or criminal sexual act

Answer 16

NO DEFENSE OF MISTAKE AS TO VICTIM’S AGE!!

Question 17

2nd deg rape or criminal sexual act

Answer 17

person 18 or older has intercourse w another less than 15

Question 18

3rd deg rape or criminal sexual act

Answer 18

person has sexual intercourse w another whos

1. incapable of consenting for reason other than being less than 17 y of age.
2. person 21 y or older has intercourse w less than 17.
3. person has sexual intercourse w another w/o that person’s consent and lack of consent is for reason other than being incapable of consenting. = per court of appeals - date rape, acquaintance rape, consent to various acts leading up to sexual act, but at time of act, victim clearly expresses lack of consent.

Question 19

sexual misconduct

Answer 19

person has intercourse w another w/o consent, engages in oral or anal sexual conduct w another without the latter’s consent, or sexual conduct w animal or dead human

Question 20

corroboration

Answer 20

def may not be convicted solely on testimony of victim for any sex crime, or attempt, where lack of consent is an element and such lack of consent results from mental defect or incapacity. 
evidence must tend to establish at least an attempt to have intercourse, deviate intercourse, or sexual contact w victim, and connect def w commission of offense or attempted offense. 
BY STATUTE, NY DOES NOT REQUIRE CORROBORATION IN FORCIBLE RAPE, CRIMINAL SEXUAL ACT, SEXUAL ABUSE

Question 21

megan’s law

Answer 21

requires sex offenders to register w division of criminal justice services. law authorizes release of relevant info concerning sex offender.