PL Flashcards

1
Q
  1. Define Physical Injury
  2. Define Serious Physical Injury
A
  1. Substantial pain or impairment of physical condition
  2. creates risk of death, causes death, serious and protracted disfigurement, protracted impairment of health, protracted loss or impairment of function of bodily organ
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2
Q

Define a PL Vehicle (x6)

A

A Motor Vehicle
A Trailer
A Semi-Trailer
A Snowmobile
Any Aircraft
Any Vessel (Mechanical or Sail)

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3
Q

What are the Deadly Weapons? (9)

A

1)Metal and Plastic Knuckes, Billy, Blackjack, Dagger, Switchblade, Pillum Ballistic Knife, Metal Knuckle Knife, and Loaded Working Firearm

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4
Q

Justification Defense

A
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5
Q

Define a Juvenile Offender:

  1. Age 13?
  2. Age 14 and 15?
  3. Age 16 and 17 (Adolescent Offender)?
  4. Where arraigned? Which Court has Jurisdiction?
A
  1. Murder 2nd: Intentional or Depraved
  2. MARK AW ABRAMS
    -Murder 2nd: Intentional, Depraved, and Felony (CAR BRAKES)
    -Arson 1st or 2nd
    -Robbery 1st or Rob 2nd sub 2a/b
    -Kidnapping 1st

-Assault 1st sub, 1 or 2
-Weapons (265.03-1 School Grounds)

-Attempt Murder 2nd or Kidnapping 1st
-Burglary 1st or Burg. 2nd sub 1
-Rape 1st sub 1 or 2
-Aggravated Sex Abuse
-Manslaughter 1st
-CSA 1st Sub 1 or 2

(Felony Murder must be CAR BRAKES:
CSA 1st
Agg. Sex Abuse 1st
Rape 1st

Burglary
Robbery
Arson
Kidnapping
Escape 1st or 2nd
Sexual Abuse 1st)

  1. Any Felony
  2. The Youth Part of the Superior Court has exclusive Jurisdiction over all AO and JO proceedings, unless they remove the action to Family Court
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6
Q

Criminal Solicitation (Article 100)
1) 5th
2) 4th*
3) 3rd
*
4) 2nd
5) 1st

A
  1. Violation - Ask another to commit a CRIME
  2. A Mis. - Ask another to commit a felony or MT 18 asks LT 16 to commit a CRIME
  3. E Felony - MT 18 Ask LT 16 to commit a Felony
  4. D Felony - Ask another to commit A Felony
  5. C Felony MT 18 ask LT 16 to commit A Felony
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7
Q

Conspiracy (Article 105)

  1. 6th
  2. 5th
  3. 4th
  4. 3rd
  5. 2nd
  6. 1st
A
  1. B Mis. - 2 or more agree to commit a crime (Need Overt Act to Convict)
  2. A Mis. - Agree to Felony or MT18 and LT16 for crime
  3. E Felony - Agree to B/C Felony, Money Laundering 3rd, or MT18 LT16 Felony
  4. D Felony - MT18 LT16 B/C Felony
  5. B Felony - A Felony
  6. A-1 Felony - MT18 LT16 A Felony

(No “C” in conspiracy)

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8
Q

Criminal Facilitation (Article 115)

  1. 4th
  2. 3rd
  3. 2nd
  4. 1st
A
  1. A Mis. - Facilitate Felony but believed it was a crime, Facilitate LT16 crime and believed the same
  2. E Felony - Facilitate LT16 Felony and believed the same
  3. C Felony - Facilitate A felony and believed the same
  4. B Felony - Facilitate LT 16 Felony and believed the same
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9
Q

1) Assault 3rd = Class _______.
Sub 1._______
Sub 2________
Sub 3.________

2) Assault 1st = Class _________.
Sub 1._______
Sub 2________
Sub 3.________
Sub 4.__________

A
  1. A Mis.
    1=Intend PI and Cause PI
    2=Recklessly cause PI
    3=Criminally Neg. cause PI with Deadly Weapon or Dangerous Instrument
  2. B Felony
    1=Intend SPI and Cause SPI with DW or DI
    2=Intend to disfigure and does it
    3=Caused SPI through depraved mind (Reckless)
    4=Cause SPI during any Felony
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10
Q
  1. Assault 2nd = Class ________.
    Sub 1-14=_______.
    (Most Important are sub 1, 2, and 4)
A
  1. D Felony
    **1= Intend SPI and Cause SPI
    **2= Intend PI and Cause PI with DW/DI
    3= Intend to Prevent Duty (PO, Prosecutor, FD, Sanitation, EMT, School Crossing , etc..) and cause PI
    **4= Recklessly Cause SPI with DW/DI
    4a=Recklessly cause PI to LT18 by intentional discharge of Gun
    5=Intend and cause stupor/unconsciousness by drug
    6= Cause PI during Felony or flight from felony (Can be other felony participant) (Except 130 Offense requiring corroboration)
    7= Inmate cause PI in correctional facility
    8=18 or More intend PI and recklessly cause SPI to LT 11
    9=18 or More and intend PI and cause PI to LT 7
    10=Intend PI and Cause PI to Employee on School Grounds (1,000 feet) or Non student intend and cause PI to Student
    11=Intend PI and Cause to Bus Operator, Ticket Inspector, school crossing guard, nurse, emt, etc…..)
    12=Intend PI and cause to 65 or older and defendant is MT10 years younger
    13=Intend and cause PI at secure treatment facility to employee
    14=Intend to obstruct process server and cause PI (can be by releasing a dog)
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11
Q
  1. Gang Assault 2nd
  2. Gang Assault 1st
A
  1. C Felony: Intend PI and Cause SPI aided by at least 2 others actually present
  2. B Felony: Intend and Cause SPI aided by at least 2 others actually present
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12
Q
  1. Manslaughter 2nd: Sub. 1. and 2
  2. Manslaughter 1st: Sub. 1, 2, and 3
A
  1. C Felony
    1 = Recklessly Cause Death
    2 = Aid in Suicide (No Duress or Deception)
  2. B Felony
    1 = Intend SPI and Cause Death 2 = Intend Death but acting under Extreme Emotional Distress (EED)
    3 = 18 or more Intends PI to LT 11, but Recklessly creates grave risk of SPI, and causes Death
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13
Q

Murder 2nd: Sub. 1-5

A

A-1 Felony
1 = Intend and Cause Death
2 = Depraved Death
3 - Felony Murder (CAR BRAKES)
CSA 1st
Arson 1-4
Robbery
Burglary
Rape 1st
Aggravated Sexual Abuse
Kidnapping
Escape 1st or 2nd
Sexual Abuse 1st
4 = 18 or more with Depraved mind creates grave risk of death to LT 11, and causes Death
5 = 18 or more intentionally causes death of LT 14 while committing SCAIR
Sexual Abuse 1st
CSA 1-3
Agg. Sexual Abuse 1-4
Incest 1-3
Rape 1-3
(Punishment for Sub. 5 is Life W/O Parole)

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14
Q
  1. Rape/CSA 3rd: Sub 1-3
  2. Rape/CSA 2nd: Sub 1-2
  3. Rape/CSA 1st: Sub 1-4
A
  1. E Felony
    sub. 1 = Vic incapable of consent by factor other than age
    sub. 2 = Vic LT 17 and Def. 21 or more
    sub. 3 = Lack of consent other than incapable (Ex: Firm “No” in Date Rape)
  2. D Felony
    sub. 1 = Vic LT 15 and Def. 18 or more
    sub. 2 = Vic mentally disable/incapacitated
  3. B Felony
    sub. 1 = Vic is forced
    sub. 2. = Vic is physically helpless
    sub. 3 = Vic. is LT 11
    sub. 4 = Vic is LT 13 and Def. is 18 or more
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15
Q
  1. Aggravated Sex Abuse 4th
  2. Aggravated Sex Abuse 3rd sub 1-2
  3. Aggravated Sex Abuse 2nd
  4. Aggravated Sex Abuse 1st
A
  1. E Felony
    Insert object or Finger and cause PI and Vic is incapable of consent by factor other that age
  2. D Felony
    sub 1 = Object and Vic is LT11/Forced/Physically Helpless
    sub 2 = Object/Finger and cause PI and Vic is Mentally disabled/incapacitated
  3. C Felony
    Insert Finger and cause PI and Vic is LT11/Forced/Physically Helpless
  4. B Felony
    Insert object or Finger and cause PI and Vic is LT11/Forced/Physically Helpless
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16
Q
  1. Unlawful Imprisonment 2nd 2. Unlawful Imprisonment 1st
  2. Kidnapping 2nd
  3. Kidnapping 1st Sub.1-3
A
  1. A Mis.: Restrain
  2. E Felony: Restrain and expose to risk of SPI
  3. B Felony: Abduct
  4. A Felony: Abduct and….

sub.1 - Intent is to get third party to pay ransom, to engage in certain conduct, or to not engage in certain conduct

Sub. 2 - Abduction lasts MT 12hrs and intent is to “STIF Gov.”
-Abuse Sexually
-Terrorize
-Injure
-Commit Felony
-Interfere with Government function

Sub 3 - The victim dies

17
Q
  1. Custodial Interference 2nd
  2. Custodial Interference 1st
A
  1. A Mis.: Relative takes/entices child LT 16 from lawful custodian with intention to hold permanently or for long time/ (Can also be incompetent person)
  2. E Felony: Commit 2nd Degree and remove to another state with intent to permanently keep them there or expose to risk of physical or mentally health
18
Q
  1. Coercion 3rd
  2. Coercion 2nd
  3. Coercion 1st: sub 1-2
A
  1. A Mis.: Compel another by threatening to…
    -Cause PI, Property damage, expose secret, illegal strike, accuse of crime, testify a certain way, REPORT IMIGRATION STATUS, etc.
  2. E Felony: Commit 3rd and Compels sexual contact
  3. D Felony:
    sub1: Compel another by threatening PI or Property Damage (Same as 3rd Degree)

sub2: Compel to commit/attempt felony, cause/attempt PI, or cause public servant to violate duty

19
Q
  1. Trespass
  2. Criminal Trespass 3rd
  3. Criminal Trespass 2nd
  4. Criminal Trespass 1st
A
  1. Violation: Knowingly and Unlawfully Enter or Remain in Premise
  2. B Mis.: Knowingly and Unlawfully Enter or Remain in…..
    -Building
    -Fenced Property
    -School
    -Housing Project
    -Railroad Property
  3. A Mis.: Knowingly and Unlawfully Enter or Remain in…..
    -Dwelling
    -School and Def is Level 2/3 Sex Offender
  4. D Felony: Knowingly and Unlawfully Enter or Remain in BUILDING and possesses/knows another participant possesses FREDS + Ammo
    -Firearm
    -Rifle
    -Explosive
    -Deadly Weapon
    -Shotgun
    and the ammo needed to discharge
20
Q

Burglary

A
21
Q

Criminal Mischief

A
22
Q

Arson

A