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71 terms

Crim. Law

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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