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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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