Crim. Law
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71 terms
Terms | Definitions |
|---|---|
 Crimes | must be defined as crime in code, other acts or constitution. no creation of crimes by analogy |
| anything of value | corporeal or incorporeal code gives broad construction |
| dangerous weapon | anything which in the manner used, is calculated or likely to produce (1) death or (2) great bodily harm |
| felony | any crime for which an offender can be sentenced to death or imprisonment at hard labor |
| misdemeanor | any crime that is NOT a felony |
| Principles | (1) Commit criminal act, or (2) aid, abet counsel or procure another to commit, whether at scene or not |
| accessories after the fact | AFTER felony (1) harbors, conceals or aids (2) with actual or constructive knowledge of felony AND (3) help to avoid punishment |
| Mens Rea | (1) Intent [general or specific] (2) criminal negligence |
| Intent | (1) General (2) Specific |
| Specific Intent | when offender actively desired criminal consequences to follow act or omission [purpose] |
| General Intent | When offender aware criminal consequences reasonably certain to result from his act or failure to act |
| Criminal Negligence | - more than mere negligence, must be gross - must be such disregard for the intent of another that defendant's conduct amounts to a gross deviation below the standard of care required of a reasonably careful person under the circumstances |
| Criminal Homicide grades [5] | 1) First degree murder 2) Second degree murder 3) Manslaughter 4) Negligent homicide 5) Vehicular homicide |
| Homicide definition | killing of a human being by the act, procurement or culpable omission of another |
| First Degree murder | When the offender has specific intent to kill or cause great bodily injury + an enumerated felony |
| Enumerated felony list [first degree murder] | (1) kidnapping: agg, or 2nd deg (2) agg escape (3) agg arson (4) rape: agg, or forceful (5) agg. burglary (6) robbery: armed, 1st, 2nd deg, simple (7) assault by drive-by shooting (8) cruelty to juvis (9) terrorism |
| First Degree murder | When the offender has SI to kill or cause GBH + (1) SI to kill more than 1 person (2) fireman or law enf officer (3) murder for hire (4) victim <12 or >65 (5) perp engaged in drug deal (6) perp + ritual (7) judge order prohibiting contact b/c of threats or harm (8) V or family member was witness to previous crim (9) prior killing w. SI to kill or cause GBH |
| Second degree murder | (1) SP to kill or cause GBH OR (2) unintentional death during: - rape: agg or forcible* - agg burglary* - kidnapping: agg or 2nd degree* - agg esape* - assault by drive by shooting* - robbery: armed, 1st, 2nd deg. or simple* - cruelty to juvis OR* (3) death caused by ingestion of controlled dangerous substances |
| Manslaughter | A homicide which would be first or second degree murder but the offense is committed: (1) unintentionally - special reqs (2) intentionally - special reqs |
| Manslaughter - intentional route | Intentional murder (1) sudden passion or heat of blood, AND (2) caused by adequate provocation |
| Manslaughter - unintentional route | unintentional homicide (1) unenumerated felony, OR (2) int'l misdemeanor against the person, OR (3) resisting lawful arrest |
| Negligent homicide | Either (1) the killing of a human being by criminal negligence [violation of statute presumptive evid. of neg.] OR (2) killing because of reckless or negligent animal handling [not if V intruder, or sevice dog] |
| Vehicular homicide | (1) perp operating vehicle/boat/plane and (2) under influence of drugs or alcohol |
| Criminal assisted suicide | (1) advising or encouraging, OR (2) providing means w/ knowledge or use |
| feticide | 1st deg: like 2nd degree murder 2nd deg: like manslaughter 3rd deg: like neg. hom or vehic. hom. |
| Battery grades [5] | 1) Aggravated 2) Second Degree 3) Aggravated Second degree 4) Simple 5) Misc. |
| Simple battery | (1) int'l use of force of violence OR (2) int'l admission of noxious substance w. out consent of victim |
| Aggravated battery | battery committed with a dangerous weapon |
| Second degree battery | battery + int'l serious bodily injury |
| Aggravated 2nd degree battery | battery w. dangerous weapon + int'l serious bodily injury |
| Misc. | 1) battery of police officer 2) battery of school teacher 3) battery of referee 4) battery of correctional officer 5) battery of bus operator 6) battery of child welfare worker 7) battery of infirm 8) domestic abuse battery |
| Assault grades [4] | 1) Simple 2) Aggravated 3) Aggravated assault w. firearm 4) Misc |
| Simple Assault | EITHER w/out dangerous weapon (1) attempt to commit a battery (2) the intentional placing of another in reasonable apprehension of receiving a battery |
| Aggravated Assault | assault w/ a dangerous weapon |
| Aggravated Assault with a firearm | aggravated assault w/ discharge of a firearm [discharge necessary] |
| Misc. | 1) assault by drive-by shooting 2) agg assault on peace off w/firearm [no discharge req] 3) agg assault w. motor vehicle on peace officer 4) use of laser on police officer 5) assault on school teacher 6) mingling harmful substances 7) assault on child welfare worker 8) agg assault on utility worker w/ gun |
| Negligent Injuring | (1) inflicting injury by crim negligence [violation of statute is pesumptive evidence of neg] (2) negligent animal handling (3) vehicular - injuring by perp operating car/boat/plane when under influence of drugs or alc (4) 1st deg vehicular - same + serious bodily injury |
| Mis [A + B] | 1) intimidation by officers 2) terrorizing 3) stalking 4) cyberstalking 5) crossburning |
| Sex Crimes | 1) Rape 2) Misc. 3) Sexual Battery 4) Carnal knowledge of juvi |
| Rape definition | anal, oral or vaginal intercourse w/out consent [penetration required] |
| Rape grades | 1) aggravated 2) forcible 3) simple |
| Kidnapping | 1) aggravated 2) second degree 3) aggravated kidnapping of a child 4) simple |
| aggravated kidnapping | The intent to force someone to give up something of value in order to secure release, WITH (1) forcibly seizing and carrying from place to another, OR (2) persuading a person to go from one place to another, OR (3) forcibly secreting of any person |
| Second degree kidnapping | same acts as aggravated battery w/ (1) used as a hostage or shield, or (2) used to facilitate felony or flight from felony, or (3) physically injured or sexually abused (4) imprisoned for 72+ hrs (5) imprisoned when perp has or suggests he has dangerous weapon |
| Aggravated kidnapping of child | (1) taking, enticing or removing <13 child from location (2) for unlawful purpose (3) by perp [not parent, gparent, or guardian] (4) w/ intent to secret child from parent/guardian |
| Simple kidnapping | (1) int'l forcible seizing & carrying of any person from 1 place to another, w/out his consent, OR (2) int'l taking for unlawful purpose <14 person w/out consent of parent or guardian (3) int'l taking of institutionalized person w/out consent of proper authority (4) int'l taking child out of state from custodian w/ intent to defeat jurisdiction |
| Human trafficking | recruiting, harboring, transporting or soliciting a person to provide services or labor through fraud, force or coercion |
| false imprisonment | 1) general 2) false imprisonment w/ dangerous weapon |
| false imprisonment definition | int'l confinement or detention of another, w/out consent and w/out proper legal authority |
| false imprisonment w. firearm | unlawful intentional confinement of another wile perp. armed w/ dangerous weapon |
| Interference w. child custody | int'l taking of minor by parent w/out right of custody w/ intent to take child from other parent with right of custody |
| Robbery grades [4] | 1) armed 2) first degree 3) second degree 4) simple |
| Armed robbery | (1) taking anything of value, (2) belonging to another, (3) from his person or their immediate control, (4) by use of force or intimidation, (5) while armed with a dangerous weapon |
| First degree robbery | (1) taking anything of value, (2) belonging to another, (3) from his person or their immediate control (4) by the use of force or intimidation (5) perp/ leads victim to believe he is armed w. dangerous weapon |
| Second degree robbery | (1) taking anything of value, (2) belongin to another, (3) from his person or their immediate control, (4) by use of force or intimidation (5) when the perp. intentionally inflicts serious bodily injury |
| Simple robbery | (1) taking anything of value, (2) belonging to another, (3) from his person or their immediate control, (4) by the use of force or intimidation - not armed with dangerous weapon |
| misc. robbery like crimes [3] | 1) carjacking 2) purse snatching 3) extortion |
| carjacking | (1) int'l taking of motor vehicle (2) belonging to another (3) in presence of person in possession of vehicle (4) by use of force or intimidation |
| purse snatching | (1) theft of anything of value (2) w/in purse or wallet (3) from person or their immediate control (4) by force, intimidation or snatching (5) not armed with dangerous weapon |
| Extortion | (1) communication of threats to another (2) with the intention to obtain anything of value or advantage |
| Burglary grades | (1) aggravated burglary (2) simple burglary (3) unauthorized entry (4) home invasion |
| Aggravated burglary | (1) unauthorized entering, (2) of a inhabitated dwelling or structure movable where person is present (3) with the intent to commit a felony or theft (4) offender is armed or becomes armed with dangerous weapon or commits a battery |
| simple burglary | (1) unauthorized entering of (2) of any dwelling or structure (3) with the intent to commit felony or theft |
| simple burglary of inhabitated dwelling | (1) unauthorized entry of (2) any inhabitated structure used as home, (3) with intent to commit a felony or theft |
| simple burglary of pharmacy | (1) unauthorized entry (2) with intent to commit theft of drugs |
| unauthorized entry of critical infastructure | (1) int'l entry w/out authority (2) completely enclosed by barrier |
| unauthorized entry of inhabitated dwelling | (1) unauthorized entry w/out authority (2) of structure used as home |
| Looting | (1) int'l entry of any immovable or movable (2) when normal security is not present (3) b/c of force majeure or riot - enhanced penalties if state of emergency |
| Trespass | (1) entering or remaining (2) on property (3) owned by another (4) w.out express, legal, or implied authorization OR (5) entry or remaining in place after being forbidden |
| Trespass exceptions | 1) police 2) fire 3) EMT 4) gov't agent |
| Home invasion | unauthorized entry of home when person present with specific intent to use force against person or harm property |
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