Penal Flashcards

1
Q

Murder

A

First degree felony

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2
Q

Capital murder

A

Capital felony

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3
Q

Manslaughter

A

Second-degree felony

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4
Q

Unlawful restraint

A

Class A misdemeanor unless victim is under 17 years old

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5
Q

Kidnapping

A

Third-degree felony

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6
Q

Aggravated kidnapping

A

First degree felony

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7
Q

Public lewdness

A

Class A misdemeanor

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8
Q

Indecent exposure

A

Class B misdemeanor

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9
Q

Indecency with a child

A

Second-degree felony unless exposure which is third-felony

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10
Q

Assault with bodily injury

A

Class A misdemeanor

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11
Q

Assault by threat

A

Class C misdemeanor

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12
Q

Assault by contact

A

Class C misdemeanor

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13
Q

Sexual assault

A

Second-degree felony

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14
Q

Aggravated sexual assault

A

First degree felony

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15
Q

Aggravated assault

A

Second-degree felony

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16
Q

Injury to a child

A

First degree felony

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17
Q

Deadly conduct

A

Class A misdemeanor

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18
Q

Terroristic threat

A

Class A or B misdemeanor

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19
Q

Leaving child in vehicle

A

Class C misdemeanor

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20
Q

Violation of a protective order

A

Class A misdemeanor

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21
Q

Robbery

A

Second-degree felony

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22
Q

Aggravated robbery

A

First degree felony

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23
Q

Burglary

A

Third-degree felony

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24
Q

Burglary of a habitation

A

State jail felony

25
Q

Burglary of a vehicle

A

Class A misdemeanor

26
Q

Criminal trespass

A

Class B misdemeanor

27
Q

Trespass by holder of license to carry concealed handgun

A

Class C misdemeanor

28
Q

Criminal mischief

A

Value system

29
Q

Theft

A

Value system

30
Q

Unauthorized use of a motor vehicle

A

State jail felony

31
Q

Credit or debit card abuse

A

State jail felony

32
Q

Issuing a bad check

A

Class C misdemeanor

33
Q

Tampering with a government document

A

State jail felony

34
Q

Impersonating a public servant

A

Third-degree felony

35
Q

Failure to identify

A

Refuses to identify = class C misdemeanor

Gives fictitious identity = class B misdemeanor

** If the subject is a fugitive of justice the charge is one grade higher

36
Q

Resisting arrest

A

Class A misdemeanor

37
Q

Evading arrest

A

Class a misdemeanor

Third-degree felony if in a vehicle

38
Q

Hindering apprehension of prosecution

A

Class A misdemeanor

39
Q

Taking weapon from Officer

A

Third-degree felony

40
Q

Rioting

A

Class B misdemeanor

41
Q

Interference with an emergency electronic communication

A

Class A misdemeanor

42
Q

Unlawfully carrying a weapon

A

Class a misdemeanor

Third-degree felony = on premises that sales alcohol

43
Q

Carrying a weapon or prohibited

A

Third-degree felony

44
Q

Unlawful possession of a firearm by Felon

A

Third-degree felony

45
Q

Gambling

A

Class C misdemeanor

46
Q

Driving while intoxicated

A

Class B misdemeanor

47
Q

Possession of marijuana

A

Typically class B misdemeanor

48
Q

Interference with public duties

A

Class B Misd

49
Q

What is reasonable suspicion?

A

A person is a suspect but you don’t know if the person is engaged in unlawful activity.

50
Q

What is probable cause?

A

Facts and circumstances that would lead a reasonable person to believe that a criminal act is about to occur, has occurred, are in the process of occurring.

51
Q

What is public intoxication?

A

A person appears in a public place and appears visibly intoxicated

52
Q

What is unauthorized use of a motor vehicle?

A

Intentionally or knowingly operating a motor vehicle, belonging to another, without the effective consent of the owner

State Jail Felony

53
Q

What is tampering with evidence?

A

Nine and investigation or proceeding as pending and a person intentionally or knowingly destroys, conceals any record, document our thing with intent to impair his verity, legibility, or ability as evidence in our investigation.

2nd or 3rd Degree Felony

54
Q

What is unlawfully carrying a weapon?

A

A person intentionally knowingly, or recklessly carries on or about his person a handgun or club.

Class A Misd

Unless on a premises licensed or issued a permit for service of alcoholic beverages.

3rd Degree Felony

55
Q

Karen of weapon in a place where prohibited?

A

Possesses a weapon or goes onto the premises of a school educational institution with the public or private polling place on the date of election or while early voting in progress, Government court offices, racetrack, Airport, state mental health facility

56
Q

Unlawful possession of a firearm?

A

Within five years of conviction of felony.

57
Q

When can a person be arrested by anybody including a police officer?

A

When the offense is a felony or against a public peace.

58
Q

When can I often make entry into the home without a warrant?

A
  1. person who resides in a residence gives consent to entry
  2. Exigent circumstances require the officer make an arrest to enter the residence without the consent of the resident or without a warrant