SCCA Person Flashcards

1
Q

The accused was on any highway or at a public gathering grossly intoxicated or otherwise conducting himself in a disorderly or boisterous manner
or
The accused was using obscene or profane language in hearing distance of school, church or any public place
or
while under the influence or feigning to be, was accused discharging a firearm, without just cause or excuse, while upon or within 50 yards of any public road or highway, except upon his own premises

COURT: Summary Court

A

Public Disorderly Conduct

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2
Q

It is unlawful for a person to drive a motor vehicle within this state while under the:
Influence of alcohol to the extent that the persons faculties to drive are materially and appreciably impaired; or influence of any other drug or combination of other drugs or substances which cause impairment to the extent that the persons faculties to drive are materially and appreciably impaired; or combined influence of alcohol ad any other drug or drugs, or substances which cause impairment to the extent that the persons faculties to drive are materially and appreciably impaired.

COURT: Summary Court (1st offense)
General Sessions Court (2nd and Subsequent Offenses)

A

Driving under the influence

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3
Q

Unlawful killing of another person. With malice aforethought, either express or implied.

COURT: General sessions

A

Murder

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4
Q

Unlawful killing of another person, WITHOUT malice

COURT: General Sessions

A

Voluntary Manslaughter

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5
Q

Unlawful killing of another person resulting from criminal negligence

COURT: General Sessions

A

Involuntary Manslaughter

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6
Q

Unlawful killing of another person. Operation of a vehicle in reckless disregard of the safety of others.

COURT: General Sessions

A

Reckless vehicular manslaughter

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7
Q

The actor drives a vehicle while under the influence of alcohol and or drugs and does an act forbidden by law or neglects a duty imposed by law and the act or neglect approximately causes great bodily injury or death to ANOTHER PERSON

COURT: General Sessions

A

Felony DUI

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8
Q

It is unlawful and willfully to deliver or convey to a public official or employee any letter, or paper, writing, print, missive, document or electronic communication or verbal or electronic communication which contains a threat to take the life of or to inflict bodily harm upon the official or immediate family

COURT: General Sessions

A

Threatening Life, Person, or Family of Public Official or Employee

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9
Q

A person who, with intent to kill, attempts to kill another person with malice aforethought, either expressed or implied. A person who violates this section is guilty of a felony, and, upon conviction, must be imprisoned for not more than thirty years. A sentence imposed pursuant to this section ma not be suspended nor may probation be granted.

COURT: General Sessions

A

Attempted Murder

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10
Q

unlawfully causes great bodily injury to another person results; or the act is accomplished by means likely to produce death or great bodily injury

COURT: General session and Summary Court

A

Assault and battery of a high and aggravated nature

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11
Q

a person unlawfully injures another person, and the act involves non-consensual touching of private parts of a person, either under or above clothing, with lewd and lascivious intent; or occurred during the commission of a robbery, burglary, kidnapping or theft; or offers or attempts to injure another person with the present ability to do so, and the act is accomplished by means likely to produce death or great bodily injury

COURT: General session and Summary Court

A

Assault and battery of the first degree

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12
Q

a person commits the offense if the person unlawfully injures another person, or offers or attempts to injure another person with the present ability to do so and moderate bodily injury to another person could have resulted; or the at involves the nonconsensual touching of the private parts of a person, either under or above clothing

COURT: General session and Summary Court

A

Assault and battery of the second degree

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13
Q

a person commits the offense if the person unlawfully injures another person, or offers or attempts to injure another person with the present ability to do so

COURT: General session and Summary Court

A

Assault and battery of the third degree

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14
Q

person knowingly and willfully resists any lawful arrest

COURT: General Sessions

A

Resisting Arrest

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15
Q

Person knowingly and willfully assaults, beats or wounds a law enforcement officer when resisting lawful arrest

COURT: General Sessions

A

Assault on officer while resisting arrest

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16
Q

Any person who uses or threatens use of a deadly weapon against the officer when such person is in possession or claims to be in possession of a deadly weapon while resisting lawful efforts of a law enforcement officer to arrest him or any other person

COURT: General Sessions

A

Resisting arrest with a deadly weapon

17
Q

One may not transport alcoholic liquors in a motor vehicle if the cap or seal is opened or broken in any motor vehicle except in a trunk, luggage compartment or cargo area that is i separate and distinct from the drivers and passengers compartment

COURT: Magistrates Court

A

Illegal Transportation of Alcoholic Liquors

18
Q

One may not possess an pen container of beer or wine in a motor vehicle of any kind while located upon the public highways or highway rights of this state, except in the trunk or luggage compartment

COURT: Magistrates Court

A

Open containers of beer or wine in vehicle

19
Q

a person under the age of twenty one may not purchase, attempt to purchase, consume or knowingly have in his possession of beer, ale, porter wine, or other similar malt or fermented beverage

COURT: Magistrates court

A

Possession of beer or wine by person under twenty-one

20
Q

Person under the age of twenty one may not purchase or attempt to purchase, consume knowingly have in his possession alcohol liquors or falsely represent his or her age for purposes of procuring alcoholic liquors

COURT: Magistrates court

A

Purchase or possession of liquor by minor

21
Q

Unlawfully seize, confine, inveigle, decoy, abduct or carry away any other person by any means whatsoever without authority of law except when a minor is seized or taken by his parent

COURT: General Sessions

A

Kidnapping

22
Q

Sexual battery with the victim and uses aggravated force or the victim is also the victim of forcible confinement, kidnapping, robbery, extortion, burglary, housebreaking or a similar offense
OR
date rape drug law

COURT: General Sessions

A

Criminal Sexual Conduct First Degree

23
Q

sexual battery with the victim and uses aggravated coercion

COURT: General Sessions

A

Criminal Sexual Conduct Second degree

24
Q

Sexual battery with the victim and uses force or coercion in the absence of aggravating circumstances or sexual battery with the victim and the actor knows, or has reason to know, that the victim is mentally defective or mentally incapacitated or physically helpless. Aggravated force or aggravated coercion was not used.

COURT: General Sessions

A

Criminal Sexual Conduct Third Degree

25
Q

Sexual battery with victim less than 11 years old or victim less than 16 and actor convicted or adjudicated delinquent for offense that requires them to register on the sex offender registry.

COURT: General Sessions

A

Criminal Sexual Conduct With a Minor First degree

26
Q

Sexual battery victim 14 or less but at least 11 years old OR sexual battery age 14 or 15 actor is in a position of familial, custodial, or official authority to coerce the victim to submit or is older than the victim

COURT: General Sessions

A

Criminal Sexual Conduct With a Minor Second Degree

27
Q

Actor is over fourteen years of age and the actor willfully and lewdly commits or attempts to commit a lewd lascivious act upon or with the body, or its parts, of child under sixteen years of age. With the intent of arousing, appealing to, or gratifying the lust, passions or sexual desires of the actor or the child. However, a person may not be convicted of a violation of the provisions of this subsection if the person is eighteen years of age or less when the person engages in consensual lewd or lascivious conduct with another person who is at least fourteen years of age.

COURT: General Sessions

A

Criminal Sexual Conduct With a Minor Third Degree

28
Q

intent to commit CSC. An overt act toward commission of the crime

COURT: General Sessions

A

Assault with intent to commit criminal sexual conduct

29
Q

Victim is legal spouse and living together, sexual battery, accomplished through the use of aggravated force, defined as the use or the threat of use of a weapon or the use or threat of the use of physical force or physical violence of a high and aggravated nature. Must be reported within 30 days

COURT: General Sessions

A

Spousal Sexual Battery

30
Q

sexual battery, victim is legal spouse, living apart, actors conduct constitures CSC 1st or 2nd degree, must report to law enforcement within 30 days

COURT: General Sessions

A

Criminal Sexual Conduct: Victim is legal spouse

31
Q

the accused was over 18 years of age and knowingly and willfully encourage aid or cause or did an act to cause or influence a minor to: violate municipal ordinance, become incorrigible or ungovernable, become truant, desert home without consent, engage in an occupation in violation of the law, associate with immoral or vicious persons, frequent any place the existence of which his against the law.

COURT: General Sessions

A

Contributing to the delinquency of a minor