Test 2 - CHs 11, 12, 13, 14, 15, 16, & 24 Flashcards
Any type of pain (slap on the face)
Bodily injury
Temporary loss of function of any bodily member or any of the 5 senses
Significant bodily injury
Bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of any bodily member/organ
Serious bodily injury
Any firearm or other weapon, device, instrument, material, or substance, which is used or intended to be used, and is known to be capable of producing death or serious bodily injury
Deadly weapon
Sam has an unloaded gun and aims it at someone, but the victim believes the gun is loaded, as any reasonable person would….is this considered a deadly weapon?
Yes, yes it is.
The unlawful killing of a human being….it does not apply to animals and there is no fetal ________ statute.
Homicide
In NJ, killing a pregnant woman counts as killing how many people?
1…the fetus is not considered a person until it is born
A crime for which the minimum is 30 years (day to day) and the maximum is life
Murder
While engaged in or attempting to commit OR during flight after committing or attempting to commit a 1st degree crime, an victim dies….this is known as?…..this crime also does not require a guilty state of mind, which is known as?
Felony murder…strict liability offense
Recklessly causing the death of another under circumstances showing extreme indifference to human life__________. This is a ________, which means there is no guilty state of mind required
Aggravated manslaughter……..strict liability offense
Causing death while fleeing or attempting to elude a law enforcement officer is?
Aggravated manslaughter
If the risk of death is a PROBABILITY, what kind of manslaughter?….complete indifference to human life
Aggravated
If the risk of death is a POSSIBILITY, what kind of manslaughter?
Reckless or just manslaughter (both the same)
Passion provocation manslaughter aka crime of passion aggravated or reckless?
Reckless manslaughter or manslaughter. …they’re both the same thing
Causing death by driving a vehicle or vessel recklessly
Death by auto
Sam thinks he might have hit someone while driving but doesn’t know for sure…although he doesn’t know he killed someone, he can still be charged with ________.
Leaving the scene of a fatal accident
Purposely aiding another to commit or attempt suicide
Aiding a suicide
Cloning of a human being is a ___ degree crime?
1st degree
Bodily injury with a deadly weapon is an?
Aggravated assault
What does N.E.R.A. mean?
No Early Release Act…must serve 85% of sentence
Pointing a firearm is punishable by up to ___
18 months
Requires the imposition of a minimum term of imprisonment and parole ineligibility for certain firearm-related offenses.
Graves Act Offense
Attempts to cause or purposely, knowingly, or recklessly causes bodily injury, or negligently causes bodily injury with a deadly weapon, attempts by physical menace to put another in fear of imminent serious bodily injury
Simple assault
Purposely or Knowingly causing serious bodily injury with extreme indifference, or Purposely or Knowingly causing serious bodily injury with a deadly weapon
Aggravated assault
Simple assault is upgraded to ______ assault if the victim is any of the following while performing their duties: Law Enf Off, Firemen, EMTs, School board members, DCP&P employees, Judges, Motor bus operator, Dept of Corrections employees, Direct care worker in a state/county psychiatric hospital/veterans/ home
Aggravated Assault
For which positions is a simple assault upgraded to an aggravated assault simply because of their status? Ex - I hit an off-duty cop because I know he’s a cop, but he wasn’t performing his duties when I hit him
Law enf off, School board member, DCP&P employee, Judges, Motor bus Operator, Dept of corrections employee,
If I don’t know that Sam, who is off-duty, is a cop, but I hit him, is it upgraded to an aggravated assault?
No, I didn’t assault him because of his status
Can only be committed by an employee of a facility (hospital, etc.)
Assault on institutionalized elderly
Simple Assault in front of a child
4th degree
Causing bodily injury to any person or attempting or agreeing to aid another who causes bodily injury to any person, and leaves the scene of the injury knowing that the injured is physically helpless, mentally incapacitated
Endangering an injured victim
Attempts to cause significant bodily injury or causes significant bodily injury purposely or knowingly or, under extreme indifference to the value of human life, recklessly causes significant bodily injury to a person who, with respect to the actor, meets the definition of victim of DV
Aggravated assault
Threatening to commit any crime of violence with the purpose to terrorize another or to cause evacuation of a building, place of assembly/transportation, or to cause serious public inconvenience
Terroristic Threat
In regards to stalking, _____ means repeatedly maintaining a visual or physical proximity to a person, repeatedly committing harassment, repeatedly conveying, verbal or written threats
Course of conduct
In stalking, _______ means on two or more occasions
Repeatedly
In stalking, _______ means significant mental suffering/distress
Emotional distress