Test 1. Crimes Against The Person - 16-5 Flashcards
§ 16-5-1 (Murder)
> Unlawfully and with malice aforethought, causes the death of another human being
> Express or implied
§ 16-5-1 (Murder)
Define express murder?
> deliberate intention unlawfully to take the life of another human being
> Manifested by external circumstances
§ 16-5-1 (Murder)
Define implied murder?
> Where no considerable provocation appears
> show a abandoned and malignant heart
§ 16-5-1 (Murder)
Define murder in the second?
> When in the commission of cruelty to children in the second degree
> Causes death of another human being being irrespective of malice
§ 16-5-2 (Voluntary Manslaughter)
> Death of another human being due to sudden, violent, and irresistible passion
> Resulting from provocation sufficent to excite passion
> No time for the voice of reason and humanity to be heard
§ 16-5-3 (Involuntary Manslaughter) (Felony)
> Unlawful act other than a felony without the intention to do so
> Punishable by imprisonment for not less than one year nor more than ten years
§ 16-5-3 (Involuntary Manslaughter) (Misdemeanor)
> Lawful act in an unlawful manner when he causes the death of another human being without intention to do so
§ 16-5-3.1 (Aggravated Involuntary Manslaughter)
> Causes the fentanyl overdose death of another human being
> Without intent to cause the death
§ 16-5-4 (Death not have to occur within certain time to be homicide)
> The death doesn’t have to occur immediately after the act; it can still be considered homicide even if there’s a time gap of a year and a day.
§ 16-5-5 (Assisted Suicide)
> Knowingly and willingly assists such person in the commission of suicide
§ 16-5-5 (Assisted Suicide)
Punishment for this offense?
> Imprisionment for not less than one nor more than ten year
§ 16-5-20 (Simple Assault)
> Attempts to commit violent injury to another person
> Commits act which places another in reasonable apprehension of immediate violent injury
> Guilty of a misdemeanor
§ 16-5-20 (Aggravated Assault)
> Assaults someone with intent to murder, rape, or rob
> Using a deadly weapon, object, or device against a person likely to cause serious bodily harm
> Cause strangulation
> Punishable by imprisonment for not less than one nor more than 20 years
§ 16-5-23 (Simple Battery)
> Intentionally makes physical contact of insulting or provoking nature
> Intentionally causes physical harm to another
> Misdemeanor
§ 16-5-23 (Simple Battery)
When is a simple battery high and aggravated misdemeanor?
> Simple battery against a utility worker
> Simple battery against employee of a public school system
> Sports Official
> Past or Present spouse, children, parents, living or formerly living in same household
§ 16-5-23.1 (Battery) (M)
> Causes substantial physical harm or visible bodily harm to another
> capable of being perceived by a person other than victim
> Guilty of misdemeanor
§ 16-5-23.1 (Battery)
What is the punishment upon the second conviction for battery against the same person?
> Imprisionment for not less than 10 days nor more than 12 months
> Fine not exceeding $10,000
§ 16-5-23.1 (Battery)
What is the punishment upon the third and subsequent conviction for battery against the same person?
> Guilty of a felony
> Imprisionment for not less than one year nor more than five years
§ 16-5-24 (Aggravated Battery)
> Maliciously causes bodily harm to another
> Depriving another of a member of body, rendering member useless, seriously disfiguring memeber
§ 16-5-40 (Kidnapping)
> person abducts or steals away another without lawful authority or warrant
> For the offense, slight movement is sufficent if it isolates, makes in commission of another offense, lessens detection, avoiding apprehension
§ 16-5-41 (False Imprisonment)
> Arrest, cofines, detains such person without legal authority
> Felony
§ 16-5-42 (False Imprisonment Under Color of Legal Process)
> Arrest, confinement, detention by warrant or process is illegal
> Shows malice or oppression
> Officer knowingly and maliciously executes order
> Felony
§ 16-5-43 (Malicious confinement of sane person)
> Person maliciously causes confinement of a sane person in a sane asylum
> Felony
§ 16-5-44 (Aircraft hijacking)
> Person uses threats of:
Use of force
Intimidation
seriously bodily injury
to divert aircraft
> Felony
§ 16-5-45 (Interference with custody)
> Without lawful authority, knowingly or recklessly takes any child away from individual with lawful custody
> Knowingly harbors child or committed person
> Retains possession of child pass lawful period of visitiation
§ 16-5-60 (Reckless Conduct; HIV infected persons)
When is this offense a misdemeanor?
> Causes bodily harm or endangers safety of others
> Unjustifiable risk through act or omission
> gross deviation from standards that are reasonable
§ 16-5-60 (Reckless Conduct; HIV infected persons)
When is this offense a felony?
> Person living with HIV offers or consents to perform for another for money with intent to transmit HIV
> Does not disclose status as having HIV
§ 16-5-70 (Cruelty to Children)
What consitute Cruelty to Children in the 1st degree?
> Person maliciously causes child under 18 cruel or excessive physical or mental pain
> Felony
§ 16-5-70 (Cruelty to Children)
What consitute Cruelty to Children in the 2nd degree?
> Person with Criminal negligence causes child under 18 cruel or excessive physical or mental pain
> Felony
§ 16-5-70 (Cruelty to Children)
What consitute Cruelty to Children in the 3rd degree?
> Person, primary aggressor, intentionally allows child under 18 to see a forcible felony
> Misdemeanor 1st and 2nd offense
§ 16-5-72 (Reckless abandonment of a child)
> Parent, guardian, supervising person willfully and voluntarily physically abdandons child
> Intent is to sever all parental or custodial duties
> Action results in death of child
> Felony
§ 16-5-80 (Feticide)
> Person willfully and without legal Jusitication causes death of an unborn child through injury to mother
> Would be murder if results in death of mother or in commission of a felony
> Felony
§ 16-5-80 (Feticide)
When will this offense be a voluntary manslaughter?
> Person causes the death of an unborn child and acts in sudden, violent, and irresistible passion
> Serious provocation to excite passion in a reasonable person
> Jury will decide if there was a period where voice of reason or humanity could be heard
§ 16-5-90 (Stalking)
> Person places another under surveillance, or contacts another without consent of that person
> Purpose to harass or intimidate (pattern)
> Causes emotional distress by placing individual in reasonable fear of safety
> 1st offense is misdemeanor
2nd offense is a felony
§ 16-5-91 (Aggravated Stalking)
> Person is in violation of bond, temporary restraining order…etc
> Contacts another person to harass the other person
> Felony
§ 16-5-91 (Expections)
> Stalking/Aggravated stalking should not apply to person engaged in activities by the constitution of the USA
> Person lawfully engaged in bonafide business activity, practice of a profession
§ 16-5-95 (Violation of family violence order)
> Person knowingly and in a nonviolent manner violent terms
§ 16-5-101 (Neglect if disabled adults, elder persons, or residents of a long term care facility)
> Guardian, supervising other person
> immediate charge, control, custody of disabled person
> willfully deprives necessary substenance
> Health or wellbeing is jeopardized
> Felony
§ 16-5-102 (Punishment for any person who exploits, threatens, intimidates, or attempts to intimidate a disabled adult of elder person)
> Person knowingly and willfully
> exploits disable person, elderly
> willfully inflicts physical pain, injury, sexual abuse, mental anguish, unreasonable confinement
> Felony
§ 16-5-102 (Punishment for any person who exploits, threatens, intimidates, or attempts to intimidate a disabled adult of elder person)
When is this offense a misdemeanor?
> Person threatens, intimidates, attempts to intimidate
> elderly person
> Guilty of misdemeanor of a high aggravated nature
