Page 536-366 Crimes Code starting with 902 Solicitation Flashcards
902 Criminal solicitation
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.
901 criminal attempt
with the intent to commit a specific crime, he does any act which constitutes a substantial step toward commission
impossibility is not a defense.
903 criminal conspiracy
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)
904 incapacity, irresponsibility or immunity of party to solicitation or conspiracy
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.
905 grading of criminal attempt, solicitation and conspiracy
attempt, solicitation and conspiracy are crimes of the same grade and degree as the most serious offense which is attempted.
906 multiple convictions of inchoate crimes barred
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
907 possessing instruments of crime
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
908 prohibited offensive weapon (POW)
M1
bomb, grenade, sawed off shogun, metal knuckles, knife razor, stun gun, baton taser-
908.1 use of possession of electric of electronic incapacitation device
M1 uses taser unlawfully on another person
F2 if used to commit another felony.
909 manufacture, distribution or possession of master keys for vehicles
M1 if he makes, possesses any master key.
910 manufacture, distribution, use, possession of devices for theft of telecommunications services
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)
911 corrupt organizations
organized crime. racketeering activity to maintain indirectly or directly an interest in or control of enterprise.
Felony 1
912 possession of weapon on school property
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.
913 possession of firearm or other dangerous weapon in court facility
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)
1101 Fines
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
1102 sentence for murder, murder of unborn child, murder of LEO
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.
1102.1 sentence of persons under 18 for murder, murder unborn child, murder LEO
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.
1103 sentence of imprisonment for felony
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.
1104 sentence of imprisonment for Misdemeanors
1- M1 - 5 years
2- M2- 2 years
3- M3- 1 year
1105 sentence of imprisonment for summary offense
fixed by the court at not more than 90 days
1106 restitution for injuries to person or property
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
1107 restitution for theft of timber
defendant in addition to other sentence imposed, sentenced to pay the owner of the timber restitution TWICE the value of the timber taken
1107.1 restitution for identity theft
all reasonable expenses on victims behalf.
fees for attorneys, credit bureaus, etc
1108 DA’s standing and interest in prisoner litigation
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.
1110 restitution for cleanup of clandestine labs
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
2101 display of flag at public meetings
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
2102 desecration of flag
M3
exposes to public marked or defiled flag, sells any degraded flag, publicly mutilates defaces casts contempt on any flag.(defense - political demonstration)
2501 criminal homicide
intentionally , knowingly, recklessly, negligently causes death of other.
b- (3) classifications - murder, voluntary, involuntary manslaughter
2502 murder
Murder 1 - premeditated and intentional killing
Murder 2 - committed while defendant was engaged in another felony
Murder 3 - all other kinds of murder
2503 voluntary manslaughter
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
2504 Involuntary Manslaughter
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
2505 causing or aiding suicide
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
2506 drug delivery resulting in death
FELONY 1
prescribes, sells, distributes any controlled substance counterfeit or not, causing person to die.
sentencing by court not more than 40 years.
2507 criminal homicide of LEO
a- 1st degree murder of leo- intentionally kills leo -
graded same as criminal homicide, but 1st, 2nd, degree-
Manslaughter of LEO is F2
2603 criminal homicide of unborn child
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.
2604 Murder of Unborn Child
a- 1st degree murder of unborn - same sentencing imposed for 1st degree murder ( same grading, F1)
2605 Voluntary Manslaughter of Unborn child
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)
2606 Aggravated Assault of unborn child
attempt to cause SBI to unborn, intentionally, knowingly, recklessly, manifesting extreme indifference to the life of unborn.
FELONY 1
2701 Simple Assault
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
2702 Aggravated Assault
Felony 1
serious bodily injury. any SBI to anyone under 13 by someone over 18.
(F2 to protected class any bodily injury)
2702.1 Assault of LEO
F1 who attempts to cause bodily injury to LEO by discharging a firearm. fixed term not more than 40 years.
2703 Assault by prisoner
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
2704 assault by life prisoner
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)
2705 recklessly endangering another person REAP
M2 recklessly engages in conduct which places or may place another in danger of death or sbi.
2706 Terroristic Threats
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)
2707 propulsion of missiles into occupied vehicle or onto a roadway
intentionally throws, shoots, rock stone brick iron fire bomb into vehicle or public transportation that is occupied one or more times is M1.
2707.1 discharge of firearm into occupied structure
Felony 3
2707.2 paintball guns and paintball markers
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
2708 use of Tear or noxious gas in labor disputes
M1 if he uses or directs use of tear or noxious gas against any person involved in labor dispute. (pepper spray)
2709 Harrassment
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.
2709.1 Stalking
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.
2710 ethnic intimidation
malicious intention toward color, race, religion, origin. relating to arson or vandalism, M3 - otherwise Summary offense .
add on charge.
2711 Probable Cause to arrest in domestic
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
2713 neglect of care-dependent persons
M1 if victim suffers bodily injury
Felony 1 if victim suffers SBI
2714 unauthorized administration of intoxicant
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.
2715 threat to use WMDs
reports without factual basis of knowledge the existence of WMDs. M1.
F2 if offense occurs during declared state of emergency and causes disruption.
2716 Weapons of Mass Destruction
F2 if possess, F1 if use
biological agent, bomb, chemical agent, nerve agents
