Test 2 - CHs 11, 12, 13, 14, 15, 16, & 24 Flashcards by Charlie Zapata

Any type of pain (slap on the face)

Bodily injury

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Temporary loss of function of any bodily member or any of the 5 senses

Significant bodily injury

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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

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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

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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.

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The unlawful killing of a human being….it does not apply to animals and there is no fetal ________ statute.

Homicide

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In NJ, killing a pregnant woman counts as killing how many people?

1…the fetus is not considered a person until it is born

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A crime for which the minimum is 30 years (day to day) and the maximum is life

Murder

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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

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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

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Causing death while fleeing or attempting to elude a law enforcement officer is?

Aggravated manslaughter

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If the risk of death is a PROBABILITY, what kind of manslaughter?….complete indifference to human life

Aggravated

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If the risk of death is a POSSIBILITY, what kind of manslaughter?

Reckless or just manslaughter (both the same)

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Passion provocation manslaughter aka crime of passion aggravated or reckless?

Reckless manslaughter or manslaughter. …they’re both the same thing

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Causing death by driving a vehicle or vessel recklessly

Death by auto

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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

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Purposely aiding another to commit or attempt suicide

Aiding a suicide

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Cloning of a human being is a ___ degree crime?

1st degree

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Bodily injury with a deadly weapon is an?

Aggravated assault

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What does N.E.R.A. mean?

No Early Release Act…must serve 85% of sentence

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Pointing a firearm is punishable by up to ___

18 months

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Requires the imposition of a minimum term of imprisonment and parole ineligibility for certain firearm-related offenses.

Graves Act Offense

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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

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Purposely or Knowingly causing serious bodily injury with extreme indifference, or Purposely or Knowingly causing serious bodily injury with a deadly weapon

Aggravated assault

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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

In stalking, _______ means to cause fear which a reasonable victim, similarly situated, would have under the circumstances

Cause a reasonable person to fear

Knowingly taking or attempting to take control over a firearm or other weapon in the possession of a law enf off or corrections officer when they're on duty or exhibits evidence of their authority

Disarming a Law Enf Off / Unlawful Control Over a Firearm

Saliva, blood, urine, feces, seminal fluid are examples of _____, which cannot be thrown at a law enf off or corrections officer

Bodily Fluids

A woman ran out of gas and is stranded, so a stranger offers a ride to the gas station, but he goes beyond the station.....this is an example of _______, which began the moment he_______.

Kidnapping....passed the gas station

Holding for ransom; removing another from the place where he is found or unlawfully confining with the purpose to hold for ransom or as a shield or hostage

Kidnapping

Holding for another purpose; removes another from his place of residence or business, or substantial distance from the vicinity from where he is found to facilitate the commission of any crime or flight thereafter, or to inflict bodily injury or terrorize the victim of another, or to interfere with govt function, or to deprive a parent/guardian of custody of victim

Kidnapping

Most 1st degree crimes are 10-20 years but kidnapping is

15-30 years

Restraining another in circumstances exposing to risk of serious bodily injury OR holding another in a condition of involuntary servitude

Criminal restraint

_______ is knowingly restraining another to interfere substantially with his liberty and it is a _____ offense

False Imprisonment.....DP

If a parent, legal guardian, or other lawful custodian detains a minor with the purpose of concealing the minor and depriving the other parent's time with the minor

Interference with Custody

This is the formal name for "blackmail" - "If you do/don't do this, I will/will not do that" .....however, it doesn't involve money, which is extortion

Criminal Coercion

Attempting to lure a child or one he reasonable believes to be a child into a vehicle, isolated area, or structure, with a purpose to commit a criminal offense with or against the child

Luring a Child

Attempting to lure a person into a vehicle, isolated area, or structure, with a purpose to commit a criminal offense with or against the person

Luring an Adult

Knowingly holds, recruits, lures, entices, harbors, transports, or provides/obtains to engage in sexual activity or to provide labor or services by causing harm,planning schemes, by means of abuse, fraud, deceit

Human Trafficking

In regards to sex offenses, touching means

Sexual Contact

In regards to sex offenses, penetration means

Sexual Assault

Vaginal intercourse, cunnilingus, fellatio, anal intercourse, insertion of the hand, finger or object into the anus or vagina....these are examples of

Sexual Penetration

Intentional touching by the victim or actor, either directly or through clothing, of the actor's or victim's intimate parts for the purpose of degrading or humiliating the victim or sexually arousing the actor....this is ?

Sexual Contact

Sexual organs, genital area, anal area, inner thigh, groin, buttock or breast....examples of

Intimate Parts

Sexual contact on a child 12 years old or younger becomes what and why?

Sexual assault, because legally speaking, a 12 year old cannot give consent, whatsoever

If a person is 12 years old and consents to sex with a 14 year old, is it legal?

No, a 12 year old cannot consent, ever.

If a person is 13, 14, or 15, they can consent as long as what?

As long as they are no more than 4 years apart or the partner is not related by blood or affinity

If one is 16 or 17, they can consent with anyone, but not if..

The partner is in a supervisory position or related by blood or affinity

If 18 years or older, they can consent with anyone, but not with.....

Trick question...18 year olds can consent to sex with anyone

Penetration takes places AND the victim is less than 13 years old OR is between 13-15 AND is blood related, actor is in a supervisory position, or actor is parent/in loco parentis/guardian

Aggravated Sexual Assault

Penetration takes place AND the act is committed or in the attempt of a commission of robbery, kidnapping,homicide, aggravated assault on another, breaking & entering, burglary, arson, or criminal escape --OR-- actor is armed with a weapon or any object to lead victim to reasonable believe it to be a weapon & threatens by word/gesture to use the weapon

Aggravated Sexual Assault

Penetration takes place AND actor is aided or abetted by 1 or more people & actor uses physical force/coercion and severe personal injury is sustained -- OR -- victim is incapable of giving consent

Aggravated Sexual Assault

Touching takes place AND the victim is less than 13 years old OR is between 13-15 AND is blood related, actor is in a supervisory position, or actor is parent/in loco parentis/guardian

Aggravated Sexual Criminal Contact

Touching takes place AND the act is committed or in the attempt of a commission of robbery, kidnapping,homicide, aggravated assault on another, breaking & entering, burglary, arson, or criminal escape --OR-- actor is armed with a weapon or any object to lead victim to reasonable believe it to be a weapon & threatens by word/gesture to use the weapon

Aggravated Sexual Criminal Contact

Touching takes place AND actor is aided or abetted by 1 or more people & actor uses physical force/coercion and severe personal injury is sustained -- OR -- victim is incapable of giving consent

Aggravated Sexual Criminal Contact

Penetration takes place and there is force or coercion but no severe personal injury -- OR -- victim is on probation/parole/detained and actor has supervisory power

Sexual Assault

Penetration takes place and victim is 16-17 and related by blood or affinity or actor has supervisory power or is legal guardian/parent/in loco parentis --OR -- victim is 13-15 and there is a 4 yr age difference

Sexual Assault

Touching takes place and there is force or coercion but no severe personal injury -- OR -- victim is on probation/parole/detained and actor has supervisory power

Sexual Criminal Contact

Touching takes place and victim is 16-17 and related by blood or affinity or actor has supervisory power or is legal guardian/parent/in loco parentis --OR -- victim is 13-15 and there is a 4 yr age difference

Sexual Criminal Contact

Doing any flagrantly sexual and offensive act knowing or reasonably expecting it to be seen and offend a non-consenting person

Lewdness

What are the 3 different aspects of invasion of privacy, but which can be charged as 3 separate crimes?

Observing....Recording....Disclosing

____ = Theft + Force

Robbery

If one is in immediate flight after the attempt or commission, is it robbery?

Yes, yes it is.

If in the course of committing or unlawfully attempting to take a motor vehicle: inflicts bodily injury or force on occupant or person in possession of the MV - OR - threatens the occupant with or puts fear of immediate bodily injury

Carjacking

If in the course of committing or unlawfully attempting to take a motor vehicle: Commits or threatens to commit any first or second degree crime -OR - operates or causes said vehicle to be operated with the person in control or occupant remaining in the vehicle

Carjacking

In _____ intimidation you're charged one degree higher than the crime you commit/threaten to commit

Bias intimidation

If you're married to more than one person it's ___

Bigamy

Serious injury (other than by accident), substantial/ongoing risk of serious injury, sexual abuse, impairment of physical, mental, physical condition, abandonment, excessive physical restraint, emotional/social deprivation towards a child _____

Child abuse or neglect

Anyone with legal duty or has assumed responsibility to care for a child who engages in sexual conduct which would impair the morals of the child

Endangering the welfare of a child

Willfully failing to provide support which he can provide and which he knows is legally obliged to provide to a spouse or child

Willful Non-Support

Recklessly engaging in conduct which creates a substantial risk of bodily injury to another person; knowingly engaging in conduct which creates a substantial risk of serious bodily injury or death to another person

Endangering Another Person

Has duty or assumed care for person 60years or older or disabled adult and abandons/unreasonably neglects or fails to do any act necessary for physical/mental health well-being

Abuse or Neglect of Elderly or Disabled Person

Being 18, you use, solicit, direct, hire, employ, or conspire with a 17 year old to commit a crime is known as______ and you would be charged with what kind of crime?

Use of 17-year-old or younger to Commit a Criminal Offense....the charge is 1 degree higher than the actual crime committed

For the crime of ________ it shall not be a defense that it is a cultural norm or the parents consented to such a procedure

Female Genital Mutilation of Females Under the Age of 18

AMBER alert - reason to believe a child is in danger

AG Directive 2010-3

Child Abduction response team (CART)

AG Directive 2008-4

When there is sexual assault, serious bodily injury, or homicide

AG Directive 2001-6

If you attempt to rob someone but person doesn't have anything to be robbed of, is it still a robbery?

Yes

If someone is walking towards their car in their driveway and another person threatens and takes car by force, is it a carjacking, even if the owner of the car wasn't in the car?

Yes, because the owner is close enough to be considered in control of the car