Page 536-366 Crimes Code starting with 902 Solicitation

Question 1

902 Criminal solicitation

Answer 1

with the intent of promoting or facilitating its commission commands, encourages, requests another to engage in specific conduct which would constitute such crime or an attempt to commit such crime.

Question 2

901 criminal attempt

Answer 2

with the intent to commit a specific crime, he does any act which constitutes a substantial step toward commission
impossibility is not a defense.

Question 3

903 criminal conspiracy

Answer 3

with intent of promoting or facilitating commission - agrees to aide a person in planning or commission, (e) no person may be convicted of conspiracy unless an overt act in pursuance of conspiracy is alleged and proved to have been done ( but attempt requires overt act in definition)

Question 4

904 incapacity, irresponsibility or immunity of party to solicitation or conspiracy

Answer 4

cannot deny liability based on the fact that the person conspired ir solicited with doesn’t have a position in crime, or is irresponsible or has immunity to the crime. DEFENSE- if the crime achieved the actor wouldnt be guilty of a crime under the law defining the defense.

Question 5

905 grading of criminal attempt, solicitation and conspiracy

Answer 5

attempt, solicitation and conspiracy are crimes of the same grade and degree as the most serious offense which is attempted.

Question 6

906 multiple convictions of inchoate crimes barred

Answer 6

a person may not be convicted of more than one of the inchoate crimes of attempt, conspiracy, solicitation for conduct designed to commit or culminate in the commission of the same crime

Question 7

907 possessing instruments of crime

Answer 7

POW
M1 if commit crime with any instrument of crime intent to employ criminally.
(b) possession of weapon- M1 if possesses firearm or other weapon concealed upon his person with intent to employ criminally.
(c) body armour- F3 if in commission of felony or in attempt to commit felony uses or wears or has any body armor.
PIC could be anything - knife, bat, - that isnt unlawful until used in crime

Question 8

908 prohibited offensive weapon (POW)

Answer 8

M1

bomb, grenade, sawed off shogun, metal knuckles, knife razor, stun gun, baton taser-

Question 9

908.1 use of possession of electric of electronic incapacitation device

Answer 9

M1 uses taser unlawfully on another person

F2 if used to commit another felony.

Question 10

909 manufacture, distribution or possession of master keys for vehicles

Answer 10

M1 if he makes, possesses any master key.

Question 11

910 manufacture, distribution, use, possession of devices for theft of telecommunications services

Answer 11

defined- unlawful telecommunication device for theft of telecommunications service, without consent of provider
M2.
F3 if previously convicted of this or similar crime of such.(fraud, theft of service, cable communications policies)

Question 12

911 corrupt organizations

Answer 12

organized crime. racketeering activity to maintain indirectly or directly an interest in or control of enterprise.
Felony 1

Question 13

912 possession of weapon on school property

Answer 13

M1
knife, nun chuck, shot gun, any weapon inflicting SBI
possesses a weapon in the buildings of, grounds of or in transportation to any school bldg.

Question 14

913 possession of firearm or other dangerous weapon in court facility

Answer 14

defined- knowingly possesses weapon in court knowingly causes weapon or firearm to be present in place.(M2)
knowing with the intent to commit a crime or will be committed-(M1)

Question 15

1101 Fines

Answer 15

person convicted of offense may be sentenced to fine not exceeding:
50k- murder or attempted
25k F1 , F2
15k - F3
10k M1
5k M2
2,500 M3
300 , summary
any higher amount equal to double the pecuniary gain derived from the offense by the offender

Question 16

1102 sentence for murder, murder of unborn child, murder of LEO

Answer 16

First degree- Murder 1, murder of LEO, death or life in prison.
1st degree murder of unborn child, same as sentence of murder 1st degree except no death penalty imposed.
second degree- life inprisonment
attempt, solicitation, conspiracy - where SBI occurred, imprisonment not more than 40 years, if no sbi, not more than 20 years.

Question 17

1102.1 sentence of persons under 18 for murder, murder unborn child, murder LEO

Answer 17

if they were 15 y.o or older, life imprisonment without parole, or minimum 35 yrs to life - for first degree
if they were under 15 y.o., life imprisonment , at least 25 years to life.
for 2nd degree - if under 15 y.o or older, life imprisonment, at least 30 yrs to life. IF UNDER 15 y.o., 20 years to life.

Question 18

1103 sentence of imprisonment for felony

Answer 18

1- F1 - fixed by the court at not more than 20 years
2- F2- fixed by the court not more than 10 years.
3- F3- fixed by the court not more than 7 years.

Question 19

1104 sentence of imprisonment for Misdemeanors

Answer 19

1- M1 - 5 years
2- M2- 2 years
3- M3- 1 year

Question 20

1105 sentence of imprisonment for summary offense

Answer 20

fixed by the court at not more than 90 days

Question 21

1106 restitution for injuries to person or property

Answer 21

DA recommends to the court amount of restitution, regardless of defendants financial situation.
to the victim, crime victims comp board, any government agency or insurance company
considers the victims injuries as well

Question 22

1107 restitution for theft of timber

Answer 22

defendant in addition to other sentence imposed, sentenced to pay the owner of the timber restitution TWICE the value of the timber taken

Question 23

1107.1 restitution for identity theft

Answer 23

all reasonable expenses on victims behalf.

fees for attorneys, credit bureaus, etc

Question 24

1108 DA’s standing and interest in prisoner litigation

Answer 24

the DA shall receive written notice and have automatic standing and legal interest in any proceeding which may involve the release or non admission of county prisoners, delinquents, detainees due to the fact, duration or other conditions of custody. in addition to the DAs rights in proceedings, they may seek any equitable relief necessary to protect the DA interest in the continued institutional custody and admission of county prisoners, delinquents or detainees.

Question 25

1110 restitution for cleanup of clandestine labs

Answer 25

court will order the person to make restitution for the costs incurred in the cleanup, labor costs, equipment and supplies, of any clandestine lab used to manufacture the controlled substances

Question 26

2101 display of flag at public meetings

Answer 26

SUMMARY
if directly or indirectly in charge of public gathering fails to display publicly and visibly the flag of the US in clean and good repair

Question 27

2102 desecration of flag

Answer 27

M3
exposes to public marked or defiled flag, sells any degraded flag, publicly mutilates defaces casts contempt on any flag.(defense - political demonstration)

Question 28

2501 criminal homicide

Answer 28

intentionally , knowingly, recklessly, negligently causes death of other.
b- (3) classifications - murder, voluntary, involuntary manslaughter

Question 29

2502 murder

Answer 29

Murder 1 - premeditated and intentional killing
Murder 2 - committed while defendant was engaged in another felony
Murder 3 - all other kinds of murder

Question 30

2503 voluntary manslaughter

Answer 30

without lawful justification , at the time of killing under sudden and intense passion resulting from serious provocation by, the person killed, another they intended to kill.
Felony 1

Question 31

2504 Involuntary Manslaughter

Answer 31

direct result of doing an unlawful act in reckless, grossly negligent manner, or doing lawful act in reckless or negligent manner, causes death of another person.
MISDEMEANOR 1- however , if deceased is under 12 and in care, custody or control of defendant, it is upgraded to FELONY 2

Question 32

2505 causing or aiding suicide

Answer 32

intentionally aids, solicits another to commit suicide is guilty of a F2 if his conduct causes the suicide or attempted suicide. otherwise it is M2

Question 33

2506 drug delivery resulting in death

Answer 33

FELONY 1
prescribes, sells, distributes any controlled substance counterfeit or not, causing person to die.
sentencing by court not more than 40 years.

Question 34

2507 criminal homicide of LEO

Answer 34

a- 1st degree murder of leo- intentionally kills leo -
graded same as criminal homicide, but 1st, 2nd, degree-
Manslaughter of LEO is F2

Question 35

2603 criminal homicide of unborn child

Answer 35

intentionally, knowingly, recklessly, or negligently causes death of unborn.
b- classification - criminal homicide of unborn child shall be classified as murder of unborn child, or voluntary manslaughter of unborn child.

Question 36

2604 Murder of Unborn Child

Answer 36

a- 1st degree murder of unborn - same sentencing imposed for 1st degree murder ( same grading, F1)

Question 37

2605 Voluntary Manslaughter of Unborn child

Answer 37

sudden and intense passion by - the mother of unborn, but negligently causes death of unborn. - or another intended to kill, but negligently or accidentally kills unborn. same penalties for Voluntary Manslaughter (F1)

Question 38

2606 Aggravated Assault of unborn child

Answer 38

attempt to cause SBI to unborn, intentionally, knowingly, recklessly, manifesting extreme indifference to the life of unborn.
FELONY 1

Question 39

2701 Simple Assault

Answer 39

intentionally, knowingly, recklessly causes bodily injury to another. negligently with a deadly weapon, attempts to conceal needle on his person which penetrates a LEO.
Simple assault is M2, unless committed in mutual fight then M3. if to someone under 12, M1

Question 40

2702 Aggravated Assault

Answer 40

Felony 1
serious bodily injury. any SBI to anyone under 13 by someone over 18.
(F2 to protected class any bodily injury)

Question 41

2702.1 Assault of LEO

Answer 41

F1 who attempts to cause bodily injury to LEO by discharging a firearm. fixed term not more than 40 years.

Question 42

2703 Assault by prisoner

Answer 42

anyone committed to facility, or transported to/from facilities, causes another to come into contact with blood, feces, spitting, knowing they are infected with disease.
court orders sentence to be served consecutively with that persons sentencing

Question 43

2704 assault by life prisoner

Answer 43

person sentenced to death or life in prison who hasnt commuted sentence, commits agg assault with weapon or any bodily injury, is guilty of crime the penalty for which shall be the same as the penalty for Murder 2. (throwing blood at someone when theyre infected with HIV)

Question 44

2705 recklessly endangering another person REAP

Answer 44

M2 recklessly engages in conduct which places or may place another in danger of death or sbi.

Question 45

2706 Terroristic Threats

Answer 45

M1- directly or indirectly , threats to commit any crime of violence with intent to terrorize another.
- if causes the evacuation of a building ( Felony 3)

Question 46

2707 propulsion of missiles into occupied vehicle or onto a roadway

Answer 46

intentionally throws, shoots, rock stone brick iron fire bomb into vehicle or public transportation that is occupied one or more times is M1.

Question 47

2707.1 discharge of firearm into occupied structure

Answer 47

Felony 3

Question 48

2707.2 paintball guns and paintball markers

Answer 48

a- unlawful carrying in vehicle… must be empty of paintballs, gun must be disconnected, paintballs are stored in separate closed containers, gun is in secure wrapper, barrel blocking device, not readily accessible from passenger compartment.
SUMMARY
* may not discharge if they arent participating in paintball games or activities

Question 49

2708 use of Tear or noxious gas in labor disputes

Answer 49

M1 if he uses or directs use of tear or noxious gas against any person involved in labor dispute. (pepper spray)

Question 50

2709 Harrassment

Answer 50

strikes, shoves, with intent to harass annoy or alarm. follows in public places, lewd drawings. summary offense
M3 if lewd drawings, repeatedly in annoying manner, inconvenient hours.
*** grading of offense enhanced one degree if the person has previously violated an order involving the same victim, family or household ember.

Question 51

2709.1 Stalking

Answer 51

engages with reasonable fear of bodily injury and or emotional distress. M1.
Felony 3 if actor is on 2nd or subsequent offense, especially to same victim.

Question 52

2710 ethnic intimidation

Answer 52

malicious intention toward color, race, religion, origin. relating to arson or vandalism, M3 - otherwise Summary offense .
add on charge.

Question 53

2711 Probable Cause to arrest in domestic

Answer 53

Police officer has same right of arrest without a warrant as in felony whenver PC to believe defendant violated section 2504 –threat of danger to victim

Question 54

2713 neglect of care-dependent persons

Answer 54

M1 if victim suffers bodily injury

Felony 1 if victim suffers SBI

Question 55

2714 unauthorized administration of intoxicant

Answer 55

F3 if with intent to commit ( rape, deviate sex intercourse, agg indecent assault) - if he administers without knowledge of complainant, drugs or intoxicants
ex- date rape drug.

Question 56

2715 threat to use WMDs

Answer 56

reports without factual basis of knowledge the existence of WMDs. M1.
F2 if offense occurs during declared state of emergency and causes disruption.

Question 57

2716 Weapons of Mass Destruction

Answer 57

F2 if possess, F1 if use

biological agent, bomb, chemical agent, nerve agents