Test 1. Crimes Against The Person - 16-5

Question 1

§ 16-5-1 (Murder)

Answer 1

> Unlawfully and with malice aforethought, causes the death of another human being

> Express or implied

Question 2

§ 16-5-1 (Murder)

Define express murder?

Answer 2

> deliberate intention unlawfully to take the life of another human being

> Manifested by external circumstances

Question 3

§ 16-5-1 (Murder)

Define implied murder?

Answer 3

> Where no considerable provocation appears

> show a abandoned and malignant heart

Question 4

§ 16-5-1 (Murder)

Define murder in the second?

Answer 4

> When in the commission of cruelty to children in the second degree

> Causes death of another human being being irrespective of malice

Question 5

§ 16-5-2 (Voluntary Manslaughter)

Answer 5

> 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

Question 6

§ 16-5-3 (Involuntary Manslaughter) (Felony)

Answer 6

> 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

Question 7

§ 16-5-3 (Involuntary Manslaughter) (Misdemeanor)

Answer 7

> Lawful act in an unlawful manner when he causes the death of another human being without intention to do so

Question 8

§ 16-5-3.1 (Aggravated Involuntary Manslaughter)

Answer 8

> Causes the fentanyl overdose death of another human being

> Without intent to cause the death

Question 9

§ 16-5-4 (Death not have to occur within certain time to be homicide)

Answer 9

> 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.

Question 10

§ 16-5-5 (Assisted Suicide)

Answer 10

> Knowingly and willingly assists such person in the commission of suicide

Question 11

§ 16-5-5 (Assisted Suicide)

Punishment for this offense?

Answer 11

> Imprisionment for not less than one nor more than ten year

Question 12

§ 16-5-20 (Simple Assault)

Answer 12

> Attempts to commit violent injury to another person

> Commits act which places another in reasonable apprehension of immediate violent injury

> Guilty of a misdemeanor

Question 13

§ 16-5-20 (Aggravated Assault)

Answer 13

> 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

Question 14

§ 16-5-23 (Simple Battery)

Answer 14

> Intentionally makes physical contact of insulting or provoking nature

> Intentionally causes physical harm to another

> Misdemeanor

Question 15

§ 16-5-23 (Simple Battery)

When is a simple battery high and aggravated misdemeanor?

Answer 15

> 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

Question 16

§ 16-5-23.1 (Battery) (M)

Answer 16

> Causes substantial physical harm or visible bodily harm to another

> capable of being perceived by a person other than victim

> Guilty of misdemeanor

Question 17

§ 16-5-23.1 (Battery)

What is the punishment upon the second conviction for battery against the same person?

Answer 17

> Imprisionment for not less than 10 days nor more than 12 months

> Fine not exceeding $10,000

Question 18

§ 16-5-23.1 (Battery)

What is the punishment upon the third and subsequent conviction for battery against the same person?

Answer 18

> Guilty of a felony

> Imprisionment for not less than one year nor more than five years

Question 19

§ 16-5-24 (Aggravated Battery)

Answer 19

> Maliciously causes bodily harm to another

> Depriving another of a member of body, rendering member useless, seriously disfiguring memeber

Question 20

§ 16-5-40 (Kidnapping)

Answer 20

> 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

Question 21

§ 16-5-41 (False Imprisonment)

Answer 21

> Arrest, cofines, detains such person without legal authority

> Felony

Question 22

§ 16-5-42 (False Imprisonment Under Color of Legal Process)

Answer 22

> Arrest, confinement, detention by warrant or process is illegal

> Shows malice or oppression

> Officer knowingly and maliciously executes order

> Felony

Question 23

§ 16-5-43 (Malicious confinement of sane person)

Answer 23

> Person maliciously causes confinement of a sane person in a sane asylum

> Felony

Question 24

§ 16-5-44 (Aircraft hijacking)

Answer 24

> Person uses threats of:
Use of force
Intimidation
seriously bodily injury
to divert aircraft

> Felony

Question 25

§ 16-5-45 (Interference with custody)

Answer 25

> 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

Question 26

§ 16-5-60 (Reckless Conduct; HIV infected persons) When is this offense a misdemeanor?

Answer 26

> Causes bodily harm or endangers safety of others > Unjustifiable risk through act or omission > gross deviation from standards that are reasonable

Question 27

§ 16-5-60 (Reckless Conduct; HIV infected persons) When is this offense a felony?

Answer 27

> 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

Question 28

§ 16-5-70 (Cruelty to Children) What consitute Cruelty to Children in the 1st degree?

Answer 28

> Person maliciously causes child under 18 cruel or excessive physical or mental pain > Felony

Question 29

§ 16-5-70 (Cruelty to Children) What consitute Cruelty to Children in the 2nd degree?

Answer 29

> Person with Criminal negligence causes child under 18 cruel or excessive physical or mental pain > Felony

Question 30

§ 16-5-70 (Cruelty to Children) What consitute Cruelty to Children in the 3rd degree?

Answer 30

> Person, primary aggressor, intentionally allows child under 18 to see a forcible felony > Misdemeanor 1st and 2nd offense

Question 31

§ 16-5-72 (Reckless abandonment of a child)

Answer 31

> 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

Question 32

§ 16-5-80 (Feticide)

Answer 32

> 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

Question 33

§ 16-5-80 (Feticide) When will this offense be a voluntary manslaughter?

Answer 33

> 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

Question 34

§ 16-5-90 (Stalking)

Answer 34

> 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

Question 35

§ 16-5-91 (Aggravated Stalking)

Answer 35

> Person is in violation of bond, temporary restraining order...etc > Contacts another person to harass the other person > Felony

Question 36

§ 16-5-91 (Expections)

Answer 36

> 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

Question 37

§ 16-5-95 (Violation of family violence order)

Answer 37

> Person knowingly and in a nonviolent manner violent terms

Question 38

§ 16-5-101 (Neglect if disabled adults, elder persons, or residents of a long term care facility)

Answer 38

> Guardian, supervising other person > immediate charge, control, custody of disabled person > willfully deprives necessary substenance > Health or wellbeing is jeopardized > Felony

Question 39

§ 16-5-102 (Punishment for any person who exploits, threatens, intimidates, or attempts to intimidate a disabled adult of elder person)

Answer 39

> Person knowingly and willfully >exploits disable person, elderly > willfully inflicts physical pain, injury, sexual abuse, mental anguish, unreasonable confinement > Felony

Question 40

§ 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?

Answer 40

> Person threatens, intimidates, attempts to intimidate > elderly person > Guilty of misdemeanor of a high aggravated nature