Section 1.07 - Definitions

Question 1

ACT

Answer 1

…a bodily movement, whether

voluntary or involuntary,

+

and includes speech.

Question 2

ACTOR

Answer 2

…a person whose criminal responsibility is in issue in a criminal action.

Whenever the term “suspect” is used in this code, it means “actor.”

Question 3

BENEFIT

Answer 3

…anything reasonably regarded as

economic gain or advantage, including

benefit to any other person

in whose welfare the beneficiary is interested.

Question 4

BODILY INJURY

Answer 4

…physical pain,

illness, or any

impairment of physical condition.

Question 5

COERCION

Answer 5

…means a threat, however communicated:

(A) to commit an offense;

(B) to inflict bodily injury in the future on the person threatened or another;

(C) to accuse a person of any offense;

(D) to expose a person to hatred, contempt, or ridicule;

(E) to harm the credit or business repute of any person; or

(F) to take or withhold action as a public servant, or to cause a public servant to take or withhold action.

Question 6

CONDUCT

Answer 6

…an act or omission and

+

its accompanying mental state.

Question 7

CONSENT

Answer 7

…assent (agreement) in fact,

whether express or apparent.

Question 8

DEADLY WEAPON

Answer 8

…means:

(A) a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or

(B) anything that in the manner of its use or intended use is capable of causing death or SBI (serious bodily injury).

Question 9

EFFECTIVE CONSENT

Answer 9

…includes consent by a person legally authorized to act for the owner.

Consent is not effective, if:

(A) induced by force, threat, or fraud;

(B) given by a person the actor knows is not legally authorized to act for the owner;

(C) given by a person who by reason of youth, mental disease or defect, or intoxication is known by the actor to be unable to make reasonable decisions; or

(D) given solely to detect the commission of an offense.

Question 10

ELEMENTS OF OFFENSE (EOO)

Answer 10

…means (CCRN - Conduct, Culpability, Result, Negation):

(A) the forbidden conduct; (ACT)

(B) the required culpability; (INTENTION)

(C) any required result; and

(D) the negation of any exception to the offense.

Question 11

HARM

Answer 11

…anything reasonably regarded as

loss,

disadvantage, or

injury, including

harm to another person in whose welfare the person affected is interested.

Question 12

INDIVIDUAL

Answer 12

…a human being who is alive, including an

unborn child at every stage of gestation from fertilization until birth.

Question 13

MISDEMEANOR

Answer 13

….an offense so designated by law or

punishable by fine,

by confinement in jail,

or by both fine and confinement in jail.

Question 14

FELONY

Answer 14

…an offense so designated by law or

punishable by death or confinement in a penitentiary.

Question 15

OMISSION

Answer 15

…failure to act.

Question 16

OWNER

Answer 16

…a person who:

(A) has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor; or

(B) is a holder in due course of a negotiable instrument.

Question 17

PERSON

Answer 17

…an individual,

corporation, or

association.

Question 18

POSSESSION

Answer 18

CCCM

…actual care,

custody,

control, or

management.

Question 19

PUBLIC PLACE

Answer 19

…any place to which the public or a substantial group of the public has access and includes, but is not limited to,

streets,
highways, and
the common areas of schools,
hospitals,
apartment houses,
office buildings,
transport facilities, and
shops.

Question 20

PUBLIC SERVANT

Answer 20

…a person elected, selected, appointed, employed, or otherwise designated as one of the following, even if he has not yet qualified for office or assumed his duties:

(A) an officer, employee, or agent of government;
(B) a juror or grand juror; or
(C) an arbitrator, referee, or other person who is authorized by law or private written agreement to hear or determine a cause or controversy; or
(D) an attorney at law or notary public when participating in the performance of a governmental function; or
(E) a candidate for nomination or election to public office; or
(F) a person who is performing a governmental function under a claim of right although he is not legally qualified to do so.

Question 21

REASONABLE BELIEF

Answer 21

….a belief that would be held by

an ordinary and prudent man

in the same circumstances as the actor.

Question 22

SERIOUS BODILY INJURY

(SBI)

Answer 22

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

Question 23

SIGHT ORDER

Answer 23

…a written or electronic instruction

to pay money that is authorized by the person giving the instruction and that is payable on demand or at a definite time by the person being instructed to pay.

The term includes a check, an electronic debit, an automatic bank draft, a cashier’s check, or money order.

Question 24

UNLAWFUL

Answer 24

…criminal or tortious (civil)

or both and includes

what would be criminal or tortious but

for a defense not amounting to justification or privilege.

Question 25

DEATH

Answer 25

…includes, for an individual who is an unborn child,

the failure to be born alive.