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LT. Test > Title 21 > Flashcards

Title 21 Flashcards

1
Q

Crimes are divided into:

A
  1. Felonies;

2. Misdemeanors.

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2
Q

A felony is a crime which is, or may be, punishable with

A

death, or by imprisonment in the

penitentiary. Every other crime is a misdemeanor.

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3
Q

Punishment of misdemeanor.

A

Except in cases where a different punishment is prescribed by this chapter or by some
existing provisions of law, every offense declared to be a misdemeanor is punishable by
imprisonment in the county jail not exceeding one year or by a fine not exceeding five
hundred dollars, or both such fine and imprisonment.

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4
Q

Punishment of felonies.

A

Except in cases where a different punishment is prescribed by this title, or by some existing
provision of law, every offense declared to be a felony is punishable by a fine not exceeding
One Thousand Dollars ($1,000.00), or by imprisonment in the State Penitentiary not
exceeding two (2) years, or by both such fine and imprisonment

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5
Q

The terms “neglect,” “negligence,” “negligent” and “negligently,” when so employed,

A

import a want of such attention to the nature or probable consequences of the act or omission as a prudent man ordinarily bestows in acting in his own concerns.

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6
Q

Obstructing officer.

A

Any person who willfully delays or obstructs any public officer in the discharge or attempt to
discharge any duty of his or her office, is guilty of a misdemeanor. Nothing in this section
shall preclude a person from recording the activity of law enforcement in a public area, as long
as the recording activity does not delay or obstruct the law enforcement agent in his or her
duties.

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7
Q

Any operator of a motor vehicle who has received a visual and audible signal, a red light and a siren from a peace officer driving a motor vehicle showing the same to be an official police, sheriff, highway patrol or state game ranger vehicle directing the operator to bring the vehicle to a stop and who willfully increases the speed or extinguishes the lights of the vehicle in an attempt to elude such peace officer, or willfully attempts in any other manner to elude the peace officer, or who does elude such peace officer, is guilty of a

A

misdemeanor

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8
Q

A peace officer may set up one or more roadblocks to apprehend any person riding upon or
within a motor vehicle traveling upon a highway, street, turnpike, or area accessible to
motoring public, when the officer has probable cause to believe such person is committing
or has committed:

A
  1. A violation of Section 540A of this title;
  2. Escape from the lawful custody of any peace officer;
  3. A felony under the laws of this state or the laws of any other jurisdiction.
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9
Q

A roadblock is defined as a

A

barricade, sign, standing motor vehicle, or similar obstacle
temporarily placed upon or adjacent to a public street, highway, turnpike or area
accessible to the motoring public, with one or more peace officers in attendance
thereof directing each operator of approaching motor vehicles to stop or proceed.

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10
Q

Any person who willfully attempts to avoid such roadblock or in any manner
willfully fails to stop at such roadblock or who willfully passes by or through such
roadblock without receiving permission from a peace officer

A

is guilty of a felony

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11
Q

An assault is any willful and unlawful attempt or offer with force or violence

A

to do a corporal hurt to another.

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12
Q

battery is any willful and unlawful use of force or violence

A

upon the person of another.

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13
Q

Any person who commits any assault and battery against a current or former
intimate partner or a family or household member as defined by Section 60.1 of
Title 22 of the Oklahoma Statutes shall be guilty

A

of domestic abuse. Upon
conviction, the defendant shall be punished by imprisonment in the county jail for
not more than one (1) year, or by a fine not exceeding Five Thousand Dollars
($5,000.00), or by both such fine and imprisonment.

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14
Q

Any person convicted of domestic abuse committed against a pregnant woman
with knowledge of the pregnancy shall be guilty of a

A

misdemeanor

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15
Q

Upon conviction for a second or subsequent offense of Domestic Violence, the charge will be a

A

felony, and shall be punished by imprisonment in the Department of Corrections for not more than four (4) years, or by a fine not exceeding Five Thousand Dollars ($5,000.00), or by both such fine and
imprisonment.

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16
Q

Any person convicted of domestic abuse that results in great bodily injury to the victim shall be guilty of a

A

felony

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17
Q

Domestic assault and battery with a deadly weapon

A

Any person who, without such cause, shoots an intimate partner or a family or household member by means of any deadly weapon that is likely to produce death shall be a felony.

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18
Q

Any person convicted of domestic abuse that was committed in the presence of a child shall be guilty of a

A

misdemeanor

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19
Q

Any person convicted a second time for domestic abuse that was committed in the presence of a child shall be guilty of a

A

felony

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20
Q

An assault and battery becomes aggravated when committed under any of the following circumstances:

A
  1. When great bodily injury is inflicted upon the person assaulted; or
  2. When committed by a person of robust health or strength upon one who is aged, decrepit, or incapacitated,
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21
Q

Every person in the custody of the state, a county or city or a contractor of the state, a county
or a city who throws, transfers or in any manner places feces, urine, semen, saliva or blood
upon the person of an employee of the state, a county or a city or an employee of a contractor
of the state, a county or a city shall, upon conviction thereof, be guilty of a

A

felony.

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22
Q

Any person who, with intent to kill, administers or causes or procures to be administered to
another any poison which is actually taken by such other person but by which death is not
caused shall be guilty of

A

felony.

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23
Q

Homicide is the

A

killing of one human being by another

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24
Q

Homicide is either

A
  1. Murder;
  2. Manslaughter;
  3. Excusable homicide; or,
  4. Justifiable homicide.
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25
Q

A person commits murder in the first degree

A

when that person unlawfully and with malice aforethought causes the death of another human being. Malice is that deliberate intention unlawfully to take away the life of a human being, which is
manifested by external circumstances capable of proof.

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26
Q

person also commits the crime of murder in the first degree, regardless of
malice, when that person or any other person takes the life of a human being
during, or if the death of a human being results from,

A

the commission or attempted commission of murder of another person, shooting or discharge of a firearm or
crossbow with intent to kill, intentional discharge of a firearm or other deadly weapon into any dwelling or building as provided in Section 1289.17A of this title,
forcible rape, robbery with a dangerous weapon, kidnapping, escape from lawful custody, eluding an officer, first degree burglary, first degree arson, unlawful distributing or dispensing of controlled dangerous substances or synthetic controlled substances, trafficking in illegal drugs, or manufacturing or attempting to manufacture a controlled dangerous substance.

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27
Q

Homicide is murder in the second degree in the following cases:

A
  1. When perpetrated by an act imminently dangerous to another person and
    evincing a depraved mind, regardless of human life, although without any
    premeditated design to effect the death of any particular individual; or
  2. When perpetrated by a person engaged in the commission of any felony other than
    the unlawful acts
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28
Q

manslaughter in the first degree in the following cases

A

When perpetrated without a design to effect death by a person while engaged in
the commission of a misdemeanor.
2. When perpetrated without a design to effect death, and in a heat of passion, but
in a cruel and unusual manner, or by means of a dangerous weapon; unless it is
committed under such circumstances as constitute excusable or justifiable
homicide.
3. When perpetrated unnecessarily either while resisting an attempt by the person
killed to commit a crime, or after such attempt shall have failed.

29
Q

Manslaughter In The Second Degree.

A

Every killing of one human being by the act, procurement or culpable negligence of another,
which, under the provisions of this chapter, is not murder, nor manslaughter in the first degree,
nor excusable nor justifiable homicide, is manslaughter in the second degree.

30
Q

Homicide is excusable in the following cases

A
  1. When committed by accident and misfortune in doing any lawful act, by lawful
    means, with usual and ordinary caution, and without any unlawful intent.
  2. When committed by accident and misfortune in the heat of passion, upon any
    sudden and sufficient provocation, or upon a sudden combat provided that no
    undue advantage is taken, nor any dangerous weapon used, and that the killing is
    not done in a cruel or unusual manner.
31
Q

Maiming Defined

A

Every person who, with premeditated design to injure another, inflicts upon his person any
injury which disfigures his personal appearance or disables any member or organ of his body
or seriously diminishes his physical vigor, is guilty of maiming

32
Q

Robbery defined

A

Robbery is a wrongful taking of personal property in the possession of another, from his
person or immediate presence, and against his will, accomplished by means of force or fear.

33
Q

Robbery in the first degree is when, in the course of committing the theft, the defendant:

A
  1. Inflicts serious bodily injury upon the person;
  2. Threatens a person with immediate serious bodily injury;
  3. Intentionally puts a person in fear of immediate serious bodily injury; or
  4. Commits or threatens to commit a felony upon the person.
34
Q

Every person who willfully, in any manner, advises, encourages, abets, or assists another
person in taking his own life, is

A

guilty of aiding suicide.

35
Q

Caretakers - Abuse, Financial Neglect, Neglect, Sexual Abuse Or Exploitation Of Charge.

A

shall be guilty of a felony

36
Q

What Fear Is An Element.

A

The fear which constitutes robbery may be either:
1. The fear of an unlawful injury, immediate or future, to the person or property of the
person robbed or of any relative of his, or member of his family; or,
2. The fear of an immediate and unlawful injury to the person or property of anyone in
the company of the person robbed, at the time of the robbery.

37
Q

Harboring Endangered Runaway Child.

A

upon conviction, be guilty of a misdemeanor

second or any subsequent violation
shall, upon conviction, be guilty of a felony

38
Q

Crime Against Nature, What Penetration Necessary

A

Any sexual penetration, however slight, is sufficient to complete the crime against nature

39
Q

Conspiracy to commit terrorism is a

A

felony

40
Q

Terrorism hoax is a

A

felony

41
Q

Manufacture, Delivery Or Possession Of Toxic Materials Intended For Terrorist Activity

A

A person convicted of a violation of this section shall be guilty of a felony

42
Q

It shall be unlawful for any person to willfully or intentionally discharge any firearm or other
deadly weapon at or into any dwelling, or at or into any building used for public or business
purposes.

A

Felony

43
Q

Use of Body Armor

A

Any person who commits or attempts to commit a felony while wearing body armor as
defined in Section 1289.19 of this title, in addition to the penalty provided by statute for the
felony committed or attempted, upon conviction shall be guilty of a felony for wearing such
body armor

44
Q

Any person who shall send, deliver, mail or otherwise transmit to any person, or persons, in
this state any letter, document or other written or printed matter, anonymous or otherwise,
designed to threaten or intimidate such person or persons, or designed to put him or them in
fear of life, bodily harm or the destruction of his or their property, shall be deemed guilty of
committing a

A

felony

45
Q

Any use of force or violence, or any threat to use force or violence if accompanied by
immediate power of execution, by three or more persons acting together and without authority
of law, is

A

a Riot

46
Q

Possession of Burglar’s Implements

A

Every person who, under circumstances not amounting to a felony has in his possession
any dangerous offensive weapon or instrument whatever, or any pick-lock, crow, key, bit,
jack, jimmy, nippers, pick, betty or other implement of burglary, with intent to break and enter
any building or part of any building, booth, tent, railroad car, vessel or other structure or
erection and to commit any felony therein, is guilty of a misdemeanor

47
Q

Possession Of Certain Tools By Persons Previously Convicted Of
Burglary.

A

Any person who has been previously convicted of the crime of burglary who has in his
possession, custody or concealed about his person, or transports or causes to be
transported, any combination of three (3) or more of the following tools: Sledge hammer, pry
bar, punches, chisel, bolt cutters, with the intent to use or employ, or allow the same to be
used or employed, in the commission of a crime, or knowing that the tools are to be used in
the commission of a crime, shall be guilty of a felony.

48
Q

Extortion is

A

the obtaining of property from another with his consent, induced by a wrongful
use of force or fear, or under color of official right

49
Q

Any person who removes, defaces, alters, obliterates or mutilates in any manner
the factory serial number or identification number of a firearm, or in any manner
participates therein, upon conviction, shall be guilty of a

A

misdemeanor

50
Q

Any person who, while in the commission or attempted commission of a felony,
has in his possession or under his control a firearm, the factory serial number or
identification number of which has been removed, defaced, altered, obliterated or
mutilated in any manner, upon conviction, shall be guilty of a

A

felony

51
Q

Credit card fraud - Value of Five Hundred Dollars or less - Value of more than Five Hundred Dollars.

A

guilty of a misdemeanor and punishable by a fine of not more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for not more than thirty (30) days, nor more than One Thousand Dollars ($1,000.00), or by imprisonment in the county jail for not more than one (1) year, or by both such fine and imprisonment if the amount of the credit or purchase or funds deposited, obtained or transferred by such use exceeds Five Hundred Dollars ($500.00).

52
Q

Every person who maliciously, or for any bet, stake or reward, instigates or encourages any fight between animals with the exception of dogs, or instigates or encourages any animal with the exception of dogs to attack, bite, wound or worry another, upon conviction, is guilty of a misdemeanor.

A

§21-1682. Instigating Fights Between Animals

53
Q

Any person who shall willfully or maliciously torture, destroy or kill, or cruelly beat or injure, maim or mutilate any animal in subjugation or captivity, whether wild or tame, and whether belonging to the person or to another, or deprive any such animal of necessary food, drink, shelter, or veterinary care to prevent suffering; or who shall cause, procure or permit any such animal to be so tortured, destroyed or killed, or cruelly beaten or injured, maimed or mutilated, or deprived of necessary food, drink, shelter, or veterinary care to prevent suffering; or who shall willfully set on foot, instigate, engage in, or in any way further any act of cruelty to any animal, or any act tending to produce such cruelty,

A

Felony Cruelty To Animals

54
Q

Any person who deposits any live dog, cat, or other domestic animal along any private or public roadway, or in any other private or public place with the intention of abandoning the domestic animal upon conviction, shall be guilty of a

A

misdemeanor.

55
Q

the taking of personal property accomplished by fraud or stealth, and with intent to deprive another thereof.

A

Larceny defined.

56
Q

One who finds lost property under circumstances which gives him knowledge or means of inquiry as to the true owner, and who appropriates such property to his own use, or to the use of another person who is not entitled thereto, without having first made such effort to find the owner and restore the property to him as the circumstances render reasonable and just, is guilty of

A

Larceny of lost property

57
Q

Larceny of lost property less than One Thousand Dollars

A

guilty of a misdemeanor punishable by imprisonment in the county jail not to exceed one (1) year, or by a fine not to exceed Five Hundred Dollars ($500.00),or by both such imprisonment and fine;

58
Q

If the value of the property is One Thousand Dollars ($1,000.00) or more but less than Two Thousand Five Hundred Dollars ($2,500.00),

A

felony punishable by imprisonment in the custody of the Department of Corrections not to exceed two (2) years, or in the county jail not to exceed one (1) year, or by a fine not to exceed One Thousand Dollars ($1,000.00), or by both such imprisonment and fine;

59
Q

If the value of the property is Two Thousand Five Hundred Dollars ($2,500.00) or more but less than Fifteen Thousand Dollars ($15,000.00), the person shall be guilty

A

felony punishable by imprisonment in the custody of the Department of Corrections not to exceed five (5) years, or in the county jail not to exceed one (1) year, or by a fine not to exceed One Thousand Dollars ($1,000.00), or by both such imprisonment and fine

60
Q

If the value of the property is Fifteen Thousand Dollars ($15,000.00) or more,

A

guilty of a felony punishable by imprisonment in the custody of the Department of Corrections not to exceed eight (8) years, or by a fine not to exceed One Thousand Dollars ($1,000.00), or by both such imprisonment and fine.

61
Q

Larceny is divided into two degrees

A

the first of which is termed grand larceny, the second petit larceny.

62
Q

Grand larceny is larceny committed in either of the following cases:

A
  1. When the property taken is of a value of One Thousand Dollars ($1,000.00) or greater; or
  2. When such property, although not of a value of One Thousand Dollars ($1,000.00) or greater, is taken from the person of another
63
Q

When it appears upon such trial, that such larceny was committed by stealing in the night time, from the person of another, the offender shall be guilty of a

A

Grand Larceny In Night Time From Person A Felony punishable by imprisonment in the State Penitentiary not exceeding ten (10) years

64
Q

Every person who buys or receives, in any manner, upon any consideration, personal property of a value of One Thousand Dollars ($1,000.00) or more that has been stolen, embezzled, obtained by false pretense or robbery, knowing or having reasonable cause to believe the same to have been stolen, embezzled, obtained by false pretense, or robbery, or who conceals, withholds, or aids in concealing or withholding such property from the owner shall, upon conviction, be guilty of a

A

felony

65
Q

Any person entering and stealing any money or other thing of value from any house, railroad car, tent, booth or temporary building shall be guilty of

A

Larceny from the house - felony punishable by imprisonment in the State Penitentiary for a period of time not to exceed five (5) years.

66
Q

Any person who shall enter upon any premises, easement, or right of way with intent to steal or remove without the consent of the owner, or with intent to aid or assist in stealing or removing any copper wire, copper cable, or copper tubing from and off of any appurtenance on such premises, easement, or right of way shall be guilty of

A

felony Copper - Stealing or removing punished by confinement in the State Penitentiary for not less than one (1) year nor more than five (5) years, or by confinement in the county jail for not less than ninety (90) days nor more than two hundred (200) days, or shall be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or by both such fine and imprisonment

67
Q

Any person who shall receive, transport, or possess in this state stolen copper wire, copper cable, or copper tubing under such circumstances that he knew or should have known that the same was stolen shall upon conviction thereof be guilty of

A

Felony Possessing, receiving or transporting stolen copper

68
Q

Any person who pumps gasoline into the gasoline tank of a vehicle and leaves the premises where the gasoline was pumped without making payment for the gasoline shall be guilty of a

A

Pump Pirates Act misdemeanor and, upon conviction, shall be punished by a fine of not more than Five Hundred Dollars ($500.00), or confinement in the county jail for a period of not more than sixty (60) days, or by both such fine and imprisonment.

LT. Test (2 decks)

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