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HRS 707 > Part 3 Criminal Assuats And Related Offenses > Flashcards

Part 3 Criminal Assuats And Related Offenses Flashcards

1
Q

What is the definition of bodily injury

A

Physical pain, illness, or any impairment of physical condition

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2
Q

Definition of substantial bodily injury

A

Bodily injury which causes

1) major adulation, laceration, or penetration of the skin
2) burn of at least 2nd degree
3) bone fracture
4) a serious concussion
5) rearing, rupture, or corrosive damage to the esophagus, viscera, or other internal organs

way to remember COBBS
Concusion
Organs
Burns of second degree
Bone fracture
Skin (avulsion, laceration, penetration)
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3
Q

Definition of serious bodily injury

A

Bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ

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4
Q

Definition of dangerous instrument

A

Any firearm,
Whether loaded or not and whether operable or not or any other weapon, device, instrument, material or substance whether animate or inanimate which in the manner it is used or is intended to be used is known to be capable of producing death or serious bodily injury

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5
Q

Definition of widely dangerous means

A

Explosion, flood, avalanche, collapse of building, poison gas, radioactive material, or any other material, substance, force, or means capable of causing potential widespread or damage

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6
Q

Define terroristic threatening

A
  • threaten by word or conduct to cause bodily injury to another person or serious damage of harm to property, including pets, livestock of another or to commit a felony:
    1) with the intent to terrorize, or in reckless disregard of the risk of terrorizing another person OR
    2) with intent to cause or in reckless disregard of the risk of causing evacuation of a building, place of assembly, or facility of public transportation
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7
Q

Define emergency worker

A

Any LEO, Fire, EMS, Hawaii national guard, military, out of state national guard or person engaged in emergency management functions authorized by HI emergency management director

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8
Q

Define correctional worker

A

A employee of STATE or COUNTY who works in correctional facilities, courts, patrolling authority, patrol etc

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9
Q

Define educational worker

A

Engages in performing duty or within school any administrator, specialist, counselors, teacher, DOE employee

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10
Q

Define assault in the first degree

A

A person intentionally or knowingly causes serious bodily injury to another person

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11
Q

What is the classification for assault 1st degree

A

Class B felony

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12
Q

What’s is the section for assault in the 1st degree

A

707-710

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13
Q

Define assault in the 2nd degree

A
  • I, K, R cause SUBSTANTIAL B I to another or…
  • R causes SERIOUS B I to another or…
  • I or K causes B I to another with a dangerous instrument or..
  • I or K causes B I to a corrections worker, educational worker, EMS worker, mental health facility worker, firefighter or lifeguard engaged in performance of duty or…
  • I or K causes B I to a person who: defendant has been restrained from by court (chapter 586) or protected by a PO ordering defendant to leave relating to 709-906 (48 hour stay away)
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14
Q

What is the classification of assault in the 2nd degree

A

Class C felony

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15
Q

What is the section of assault 2nd

A

707-711

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16
Q

Define assault in the 3rd degree

A
  • I, K, or R causes B I to another or…

- negligently causes B I to another with a DANGEROUS INSTRUMENT

17
Q

What is the classification for assault in the 3rd degree

A

Misdemeanor UNLESS fight was entered in mutual consent it becomes a petty misdemeanor

18
Q

What is the section for assault in the 3rd degree

A

707-712

19
Q

Define assault against a Law enforcement officer in the 1st degree

A
  • I or K causes B I to a LEO engaged in performance of duty OR…
  • R or N causes, with a dangerous instrument, B I to a LEO engaged in performance of duty
20
Q

What is the classification of assault against a law enforcement officer in the 1st degree

A

Class C felony

21
Q

What is the section for assault against a law enforcement officer in the 1st degree

A

707-712.5

22
Q

Define assault against a law enforcement officer in the 2nd degree

A

R causes B I to a LEO engaged in the performance of duty

23
Q

What is the classification of assault against a law enforcement officer in the 2nd degree

A

Misdemeanor

24
Q

What is the section for assault against a law enforcement officer in the 2nd degree

A

707-712.6

25
Q

Define reckless endangering in the 1st degree

A

Person employs WIDELY DANGEROUS MEANS in a manner which recklessly places another in danger of death or serious bodily injury

OR

fires a firearm in a manner which RECKLESSLY places another in danger of DEATH or SERIOUS BODILY INJURY

26
Q

What is the classification of reckless endangering in the 1st degree

A

Class C felony

707-713

27
Q

Define reckless endangering in the 2nd degree

A

Engages in conduct that RECKLESSLY places another in danger of DEATH or SERIOUS BODILY INJURY

OR

discharged a firearm in a populated area, residential area, or within the Boi does/direction of any road, street, or hwy.

28
Q

What is the classification of reckless endangering in the 2nd degree

A

Misdemeanor

Section 707-714

29
Q

Define criminally negligent storage of a firearm

A

Person violates section 134.10.5
-no person shall store or keep any firearm on any premises if the person knows a minor can gain possession

AND

The minor does obtain the firearm (Minor is less then 16 years of age)

30
Q

What is the classification of criminal negligent storage of a firearm

A

Misdemeanor

707-714.5

31
Q

Define terroristic threatening in the 1st degree

A
  • Threatens someone on more then 1 occasion for the same purpose OR
  • threats made in a common scheme against different persons OR
  • public servant performing their duties OR
  • against EMS engages in their duty OR
  • with the use of a dangerous instrument or simulated firearm OR
  • threatening a person who has been restrained under court order(chapter 586)
  • being protected by a police officer (709-906)

WWHIPERR2

32
Q

What is the classification of TT 1st

A

Class C felony

707-716

33
Q

Define TT2ND

A

Commits terroristic threatening other than section 707-716

34
Q

What is the classification for TT 2nd

A

Misdemeanor

707-717

35
Q

Bob is drinking with Sam and get into a argument. Bob punches Sam once and Sam falls and cracks his head on a rock and goes unconscious. Police arrive in scene. What can bob be arrested for?

A

Assault in the 2nd degree because he recklessly caused serious bodily injury to Sam

36
Q

Hugh went to the liquor store, as he walked out the store he saw a guy picking on his cousin. They gave each other stick eye and “what-what” for a couple minutes. Hugh the smashes his bottle against the wall and held half of the broken glass bottle and told the guy that he was gonna “waste” him. Police arrive on scene, what can Hugh be arrested for?

A

TT1st because he used a glass bottle which is a dangerous instrument

HRS 707 (7 decks)

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