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Penal Code > Offenses > Flashcards

Offenses Flashcards

1
Q

Murder

A

1st DF; 2nd Degree if sudden passion

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2
Q

Capital Murder

A

Murders LEO, commits murder in course of ROBAKART. Kills 1 or more persons during same criminal episode; while escaping custody; for remuneration; kills person under 10 years of age. Capital felony.

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3
Q

Manslaughter

A

2nd DF

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4
Q

Criminally Negligent Homicide

A

SJF

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5
Q

Unlawful Restraint

A

Class A; SJF if restrained person under 17; 3rd DF if exposes victim to substantial risk or injury, or restrains public servant.

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6
Q

Kidnapping

A

3rd DF

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7
Q

Aggravated Kidnapping

A

Kidnapping with addition of ransom, human shield, inflict BI or violate sexually. 1st DF. 2nd DF if actor proves released victim voluntarily in safe place.

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8
Q

Smuggling of Persons

A

SJF; 3rd DF if for pecuniary benefit or if done in a way to cause risk to transported individual

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9
Q

Trafficking or Persons

A

Intent that trafficked person engages in forced labor. 2nd DF; 1st DF if involves child or trafficked person dies .

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10
Q

Continuous Sexual Abuse of Young Child or Children

A

1st DF with minimum sentence of 25 years

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11
Q

Public Lewdness

A

In public place, or is reckless about whether another is present and will be offended. Class A

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12
Q

Indecent Exposure

A

Exposes anus or any part of genitals with intent to arouse or gratify. Class B

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13
Q

Indecency with a Child

A

Child younger than 17. 1) Engages in sexual contact or causes child to engage in sexual contact; 2) intent to arouse or gratify sexual desire of any person. #1 = 2nd DF, #2 = 3rd DF

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14
Q

Improper Relationship b/w Educator and Student

A

2nd DF

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15
Q

Assault

A

Class A for BI, Class C for threat or touching in offensive/provocative manner; 3rd DF if against public servant or family/significant other/housemate and previously convicted under Ch 19, Kidnapping, Agg. Kidnapping, Indecency w/ Child, Continuous Violence Against the Family OR if strangles family member; 2nd DF if against family AND previously convicted AND strangles

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16
Q

Sexual Assault

A

2nd DF; 1st DF if bigamy is involved

17
Q

Aggravated Assault

A

2nd DF; 1st DF if actor uses deadly weapon, or actor is public servant acting under color of office, or in retaliation against witness, prospective witness, or person who has reported occurrence of crime, or act is a drive by.

18
Q

Aggravated Sexual Assault

A

1st DF; minimum term of 25 years if victim is under 6 years old, or if under 14 years old and causes SBI.

19
Q

Injury to Child, Elderly Individual, or Disabled Individual

A

Child = 14 years and younger, Elderly = 65 and over, Disabled = 14 and older and substantially unable to protect self.

20
Q

Abandoning or Endangering Child

A

Child = younger than 15. SJF if intent to return to child; 3rd DF without intent to return. 2nd DF if child left in place a reasonable person would know would place child in imminent danger. SJF if it is actor engages in conduct that places child in imminent danger.

21
Q

Deadly Conduct

A

1) Recklessly engages in conduct that places another in imminent danger of SBI; or 2) if knowingly discharges a firearm at or in direction of one or more individuals, or habitation/building/vehicle. #1 = Class A, #2 = 3rd DF

22
Q

Terroristic Threat

A

Class B = cause reaction of any type by an official or volunteer agency OR place any person in fear of imminent SBI (Class A if committed against member of family or household, or against public servant.) Class A = prevent or interrupt use of building, aircraft, automobile or other public place (SJF if pecuniary loss $1,500 or more.) 3rd DF = causes impairment of public communications/transportation/water/gas, or pawer supply; places public in fear of SBI; influence conduct of activities of a branch of Govt.

23
Q

Leaving Child in a Vehicle

A

Class C

24
Q

Continuous Violence Against the Family

A

3rd DF

25
Q

Arson

A

2nd DF; 1st DF if death or BI is caused, or if damages habitation or place of worship. SJF if caused by manufacture of drugs; 3rd DF if causes death or BI.

26
Q

Criminal Mischief

A

Class C = less than $50; Class B = $50 - $499.99; Class A = $500 - $1,499.99; SJF = $1,500 - $19,999.99 or less than $1,500 if damage is to habitation and caused by firearm or damage is to fence containing livestock; 3rd DF = $20,000 - $99,999.99; 2nd DF = $100,000 - $199,999.99; 1st DF = $200,000 or more.

27
Q

Reckless Damage or Destruction

A

Class C

28
Q

Graffiti

A

Class B = less than $500; Class A = $500 - $1,499.99; SJF = $1,500 - $19,999.99; 3rd DF = $20,000 - $99,999.99; 2nd DF = $100,000 - $199,999.99; 1st DF - $200,000 or more.
SJF = marking made on school, place of worship, public monument, or community center.

29
Q

Robbery

A

is Theft + Assault. 2nd DF.

30
Q

Aggravated Robbery

A

1st DF

31
Q

Burglary

A

Without consent enters habitation or building with intent to commit felony, theft, or assault. SJF if building other than habitation; 2nd DF if habitation or place of worship; 1st DF if habitation AND intended to commit or did commit any felony other than theft.

32
Q

Criminal Trespass

A

Class B; Class C = on agricultural land and within 100 feet of boundary, or on residential land and within 100 feet of protected freshwater area; Class A = if committed in habitation or a shelter center, on Superfund site, or on critical infrastructure facility OR person carries deadly weapon

33
Q

Theft

A

Class C = less than $50, or less than $20 and a bad check is used; Class B = $50 - $499.99, or $20 - $499.99 with bad check, or less than $50 and actor has previously been convicted of theft, or property stolen is a Driver’s License; Class A = $500 - $1,499.99; SJF = $1,500 - $19,999.99, or regardless of value is stolen from human corpse or grave, or item stolen is firearm, or less than $1,500 and actor has previously been convicted 2 or more times of any grade of theft, or less than $20,000 and item(s) stolen are aluminum, copper, brass, or bronze; 3rd DF = $20,000 - $99,999.99; 2nd DF = $100,000 - $199,999.99; 1st DF = $200,000 or more.

34
Q

Theft of Service

A

Class C = less than $20; Class B = $20 - $499.99; Class A = $500 - $1,499.99; SJF = $1,500 - $19,999.99; 3rd DF = $20,000 - $99,999.99; 2nd DF = $100,000 - $199,999.99; 1st DF = $200,000 or more

35
Q

Unauthorized use of Vehicle

A

SJF

36
Q

Forgery

A

Class A; SJF = will, deed, mortgage, credit card, check, anything for payment of money, contract, or release; 3rd DF = part of an issue of money, securities, postage, or revenue stamps, or Govt record.

37
Q

Criminal Simulation

A

Makes or alters an object so that it appears to have value because of age, antiquity, rarity, source, or authorship that it does not have; or possesses such an object with intent to sell or pass; or he authenticates or certifies an object so made or altered as genuine. Class A

Penal Code (15 decks)

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