ORS Flashcards
Warrants from these two courts can be executed anywhere in the state
Supreme Court and Court of Appeals
Killing while committing or attempting Kidnap 1 or 2
Murder 2
Oral or Anal intercourse and victim under 16 and half sibling
Sodomy 1
Murder with a prior conviction of murder
Murder 1
“Criminal homicide”
Murder, manslaughter, criminally negligent homicide or aggravated vehicular homicide
Person with legal duty to provide care takes charge of person for purpose of fraud
Criminal Mistreatment 1
Age Defense to 2nd degree sexual penetration
Consent and less than three years older with hand or other body part
Intentionally causes physical injury while aided by another
Assault 3
Premeditated, intentional homicide of two or more persons to affect government conduct
Aggravated Murder
If refused entry to investigate death ME should
Get DA to request a search warrant
Circuit court judge can authorize execution outside judicial district when
Victim is over 65 and crimes are related to elder crimes/thefts, search is for financial records, person writing warrant does not have evidence for proper place of trial
Sex Abuse 1 is a…
Class B Felony
Right to enter or remain on property to prevent serious harm to any person or property, render aid, or locate missing persons
Community Caretaking
Uses or threatens immediate force in taking retaining property that is not theirs and is armed with a deadly weapon
Robbery 1
Search warrants issued by a circuit court judge can be executed where?
Only in the judicial district (territorial area) where court is located
Person over 18 intentionally or knowingly causes injury to child 10 or under
Assault 3
Uses or threatens immediate force in taking retaining property that is not theirs and uses a dangerous weapon
Robbery 1
ME shall investigate and certify cause of death when
Homicidal, suicidal, suspicious From drugs/agents While in any type of custody accidental or injury injury result of employment not under care of physician immediately before death Threat to public health Body disposed in offensive manner
Without consent or legal authority a person substantially interferes with another person’s liberty to terrorize any person
Kidnapping 1
Murder to conceal the commission of a crime
Murder 1
Killing recklessly under 14, or dependent, if engaged in practice before
Manslaughter 1
Killing while committing or attempting Criminal Mischief 1 (explosion)
Murder 2
Murder in Prison
Murder 1
Defense to sexual penetration
medically recognized treatment or contraband/evidence search by peace officer/corrections or by medical personal at request of officers
Sexual contact to person under 14
Sex Abuse 1
Sexual intercourse by forcible compulsion and victim is an adult
Rape 1
Attempted murders are a…
Class A Felony
Dependent that is at least 18, under care solely by religious practices of dependent person
Defense to Murder 2
Intentionally or knowingly causes serious physical injury to child under six
Assault 1
Assault 3 is a…
Class C Felony
“Human being”
Been born and alive at time of criminal act
Killing while committing or attempting Escape 1
Murder 2
Uses or threatens immediate force in taking retaining property that is not theirs and causes or attempts to cause serious physical injury
Robbery 1
If a person knowingly aids of facilities a person under 18 to engage in prostitution
Compelling Prostitution
Sexual contact to mentally defective person
Sex Abuse 1
Robbery 2 is a…
Class B Felony
“Elderly person”
65 years or older
Aids a person in committing suicide
Manslaughter 2
Manslaughter 2 is a…
Class B Felony
Intentional, knowing, reckless causing Physical injury to taxi driver while operating
Assault 3
Warrants are executed only by
a police officer
Person with legal duty to provide care intentionally abandons
Criminal Mistreatment 1
Using child in display of sexually explicit conduct is a…
Class A Felony
Assault 1 is a…
Class A Felony
Uses or threatens immediate force in taking retaining property that is not theirs and represents they are armed with deadly or dangerous weapon
Robbery 2
Premeditated murder of someone under 14
Aggravated Murder
Kidnapping 2 is a…
Class B Felony
Without consent or legal authority a person substantially interferes with another person’s liberty to cause physical injury to them
Kidnapping 1
Punishment for Murder 2 conviction, if actor was older than 15
Life, 25 years without possibility of parole or post prison
The district medical examiner shall conduct admin training for assistant ME’s, medical-legal, and EG agencies how often
regularly
Oral or Anal intercourse and victim is physically helpless
Sodomy 1
A search warrant from a municipal judge may only be executed in…
The city (municipality) where the judge is located.
Without consent or legal authority a person substantially interferes with another person’s liberty by secretly confining them were they are unlikely to be found
Kidnapping 2
Person with legal duty to provide care hides/takes money or property
Criminal Mistreatment 1
Sodomy 2 is a…
Class B Felony
Sexual intercourse with someone who has mental defect
Rape 1
Killing while committing or attempting Compelling Prostitution
Murder 2
Premeditated, intentional homicide of two or more persons to intimidate a civilian population
Aggravated Murder
“Staff member”
Youth corrections officer, OYA staff, any staff who works or volunteers around kids at youth correctional facility
Can any district medical examiner investigate a death?
No, district ME where death occurred investigates
Killing victim under 14 recklessly with extreme indifference to life with pattern of assault or torture
Murder 2
If a informant is used in an affidavit
The affiant must show reliability and how informant was obtained
Can a person enter a death investigation scene with permission from ME, Medical-legal, or DA?
Yes
Premeditated, intentional homicide of two or more persons to influence government policy
Aggravated Murder
Oral statement affidavit
Under oath, recorded (retain copy, copy to DA and copy for judge),
Attempted Treason is a…
Class A Felony
Manslaughter 1 is a…
Class A Felony
Age Defense to Sexual Misconduct
Consent, less than three years older, and victim is at least 15 years old
Assault 3 if by motor vehicle and driver was intoxicated
Becomes a Class B Felony
Right to stop or redirect traffic when necessary to prevent serious harm to any person or property, render aid, or locate missing persons
Community Caretaking
Without consent or legal authority a person substantially interferes with another person’s liberty and uses them as a hostage
Kidnapping 1
Age Defense to 2nd degree sexual abuse crimes
Consent and less than three years older than victim
The ME has how many days to report investigation and file it with the district medical examiner’s office
5 after notification of a death requiring investigation
Makes dependent person enter or remain where illegal drugs are being manufactured
Criminal Mistreatment 1
Killing while committing or attempting Burglary 1
Murder 2
Not the only participant in underlying crime, Did not commit or solicit homicidal act, Not armed with a dangerous or deadly weapon, Had no grounds to believe participant was armed with weapon, AND had no grounds to think participant intended to engage in homicidal conduct
Defense to Murder 2
Premeditated murder of a Police Officer working official duty
Aggravated Murder
Intentional, knowing, reckless causing Physical injury to EMS while working
Assault 3
A warrant can only be issued by…
A judge
If a person knowingly uses force or intimidation to compel another to engage in prostitution
Compelling Prostitution
Intentional, knowing, reckless causing Physical injury to flagger while working
Assault 3
Murder multiple people
Murder 1
If a person knowingly induces a person under 18 to engage in prostitution
Compelling Prostitution
Area covered by warrant for tracking device
The device can be tracked to any county to which it is transported
Attempt is
Intentionally engages in conduct which constitutes a substantial step
Killing while committing or attempting Assault 1 or 2 on victim under 14
Murder 2
Medical-legal and assistant district medical examiners, in cooperation with the district attorney, are supervised by
The district medical examiner
Person permits or compels a child to participate in sexually explicit conduct for any person to observe
Using child in display of sexually explicit conduct
Intentional, knowing, reckless causing Physical injury to transit driver while operating
Assault 3
Penetration to anus, vagina, penis (not with penis or mouth) to person under 12
Sexual Penetration 1
Murder 2 while confined in correctional facility and previous homicide conviction
Aggravated Murder
Recklessly causes serious physical injury by deadly or dangerous weapon
Assault 3
Punishment for Murder 1 Conviction if person was older than 15
15 years, without possibility of release
Intentionally or knowingly cases serious physical injury to another
Assault 2
Causes criminally negligent death of child under 14 or dependent with prior pattern or from neglect or maltreatment
Manslaughter 2
Before conducting search when serving warrant
officer should read and give copy to person being searched, or in control. If no one is home leave warrant affixed to premises.
Any type of intercourse or penetration of vagina, anus, or penis without consent
Sex Abuse 2
Penetration to anus, vagina, penis (not with penis or mouth) to person under 14
Sexual Penetration 2
Oral or Anal intercourse and victim is under 14
Sodomy 2
Oral or Anal intercourse by forcible compulsion
Sodomy 1
Sexual contact by forcible compulsion
Sex Abuse 1
Murder an employee of Court of Justice
Murder 1
Sexual contact to someone under 18 by coach who is over 21
Sex Abuse 2
“Lawful custodian”
Parent, guardian, or other person responsible by authority of law for care or control
Without consent or legal authority a person substantially interferes with another person’s liberty if they are being paid or paying to do so
Kidnapping 1
Kidnapping 1 is a…
Class A Felony
Rape 2 is a…
Class B Felony
Murder committed by escaped inmate
Murder 1
Without consent or legal authority a person substantially interferes with another person’s liberty by taking them from one place to another
Kidnapping 2
Killing while DUII with three prior convictions in the last ten years
Manslaughter 1
Intentionally cases serious physical injury with deadly or dangerous weapon
Assault 1
If a person knowingly induces spouse, child, stepchild to engage in prostitution
Compelling Prostitution
Penetration to anus, vagina, penis (not with penis or mouth) to mentally incapacitated
Sexual Penetration 1
Person with legal duty to provide care intentionally or knowingly withholds needed food, physical care, or medical attention
Criminal Mistreatment 1
“Legal duty”
Duty created by familial relationship, court order, contractual agreement or statutory or case law
Murder by explosive device
Murder 1
Oral or Anal intercourse and victim is under 12
Sodomy 1
When an ME is notified of a death requiring investigation they should
notify the Chief Medical Examiner as soon as possible
Murder a member of State Board for Probation
Murder 1
Sex Abuse 2 is a…
Class C Felony
Who can apply for a search warrant?
Police officer, special agent, or DA
Intentionally or knowingly cases physical injury by means of deadly or dangerous weapon
Assault 2
What must a ME, medical-legal, DA need to enter a premises?
Reasonable cause to believe a body or evidence of death requiring investigation may be found
Sexual intercourse with 15 year old that is person’s spouse’s child
Rape 1
Person with legal duty to provide care leaves dependent person unattended long enough to endanger health
Criminal Mistreatment 1
To preserve evidence the ME should
Lock and control enclosed area for not more than five days
Rope off and restrict entry into open areas
Forbid unauthorized persons from entering
Intentional killing by extreme emotional disturbance
Manslaughter 1
This must be done prior to entering premises for warrant
give appropriate notice of identity, authority, and purpose to person being searched, or in control of premises
An Attempt C misdemeanor makes it a…
Unclassified misdemeanor
Murder a member of OSP
Murder 1
Sexual intercourse with someone under 12 years old
Rape 1
“Dependent person”
Dependent due to age, mental, or physical needs
Person with legal duty to provide care causes physical injury to dependent person (child or elderly)
Criminal Mistreatment 1
Email warrants affiant
notarize acknowledgement or swear by phone, get the judge sign electronically, court files original signed warrant, copy of signed affidavit filed with return
Punishment for Murder 1 Conviction if person was older than 15
Life, 30 years without possibility of parole or post prison supervision
Murder a Juror or Witness
Murder 1
Sexual intercourse with another person that is under 14 years old
Rape 2
Paid to murder
Murder 1
Reckless criminal homicide
MA
It is a defense to ________ that the person confined is under 16, relative, and the sole purpose is the assume control of the person
Kidnapping 2
Intentional, knowing, while committed reckless cause Physical injury to Youth Facility staff
Assault 3
Criminal Mistreatment 1 is a…
Class C felony
Without consent or legal authority a person substantially interferes with another person’s liberty to commit first degree sexual abuse crimes
Kidnapping 1
Killing with extreme indifference to human life
Manslaughter 1
Robbery 1 is a…
Class A Felony
Without justification or excuse, person intentionally, knowingly, recklessly or with criminal negligence Causes death of human being
Criminal Homicide
Premeditated murder of person in charge of custody (correctional, probation and parole) working official duty
Aggravated Murder
Killing of person under 14 years old
Murder 2
Sodomy 1 is a…
Class A Felony
Intentional physical injury to working public transit driver (not with vehicle)
Assault 3
Killing while committing or attempting Arson 1
Murder 2
Pay someone to murder
Murder 1
Content and Form of Warrant
- In writing
- Person’s name or description
- Nature of crime
- When and where issued
- Command arrest be made if arrest warrant
- Specify officer may enter premises where pc stands
- Specify amount of security for release
- Be in the name of Oregon and city and magistrate with authority.
Intentionally causing serious physical injury to woman known to be pregnant
Assault 1
Intentionally, knowingly, or recklessly causing serious physical injury while DUII, after having 3 DUII convictions in the last 10 years or previously convicted of a manslaughters/assaults while driving
Assault 1
Who does the ME submit certified manner of death to?
County registrar
A justice of the peace can only issue a warrant in the…
County where the judge court is located.
Murder a Judicial Officer (Judge)
Murder 1
“Without consent”
Taking or confinement is accomplished by force or person is under 16 or incapable of giving consent
Sexual Penetration 2 is a…
Class B Felony
Reckless criminal homicide
Manslaughter 2
Recklessly causes serious physical injury with deadly or dangerous weapon
Assault 2
General rule is that an attempt changes the level of crime by how much
1 level. Example: A felony turns to a B felony
Uses or threatens immediate force in taking retaining property that is not theirs and is aided by another person present
Robbery 2
Assault 2 is a..
Class B Felony
Killing that occurs while maiming and torturing
Murder 1
Rape 1 is a…
Class A Felony
Recklessly causes serious physical injury with extreme indifference to human life
Assault 3
Penetration to anus, vagina, penis (not with penis or mouth) to person 15 by forcible compulsion
Sexual Penetration 1
Exception to having to read warrant
mobile tracking device warrant
Intentional Killing, with no extreme emotional disturbance
Murder 2
Killing while committing or attempting Robbery 1
Murder 2