2. Stat Law Flashcards
(102 cards)
What is a “Misdemeanor”?
Typically a crime punishable by less than 12 months in jail. (Or Community service, probation, fines)
What is an “Infraction”?
No other sentence than a fine up to $400 , or a fine and a forfeiture
What does “Recklessly” mean?
Consciously disregards a substantial and unjustifiable risk
What is “criminal negligence”?
When (s)he fails to be aware of a substantial and unjustifiable risk (intoxicated driver trying to crash)
What is “Murder”?
Knowingly causes the death of another - after deliberation (Time to reflect) upon the matter
What is a cool reflection for any length of time called?
Deliberation
Definition “Slight impairment of any function of the body or temporary loss of the use of the body”?
Physical injury
What is a “serious physical injury”?
Created a risk of death or impairment function of any part of the body
What is Knowingly causing the death of another- After deliberation upon the matter.
Murder 1st Degree
What is Murder 2nd degree?
Knowingly cause death of another; OR causes death of another human with purposely causing serious physical injury; OR causes death of another while committing/attempting any felony ; OR flight from any felony or attempt
When causing the death of another human; OR being practically certain of taking a victims life; OR having conscious object of causing serious physical injury -AND- did so under the influence of sudden passion; OR Knowingly assists another with suicide
Voluntary Manslaughter
What is “sudden passion”?
Out of provocation by the victim (Provoked)
Involuntary manslaughter - 1st degree
Recklessly causes the death of another person
Involuntary manslaughter- 2nd degree
Act with criminal negligence to cause the death of another
Assault - 1st Degree
Attempts to kill someone or cause serious physical injury
Assault - 2nd Degree
Attempts to kill or knowingly causes or attempts to cause SERIOUS PHYSICAL INJURIES influence of sudden passion arising out of adequate cause
What’s the difference in 1st & 2nd degree “Harassment”??
Without good cause; Engages in any act with the purpose to cause emotional distress to another person.
Causing emotional distress and that a person suffers from it (1) causes distress (2)
What is classified as “Kidnapping 1st degree”?
A person unlawfully removes another from where (s)he is found; OR unlawfully confines another for a substantial period of time, without the victims consent and with a purpose (RANSOM, HOSTAGE/SHIELD ect)
What is “Kidnapping 2nd Degree”?
Knowingly restrains another unlawfully and without consent; AND so as to interfere with his or her liberty; AND Exposes him her to substantial risk of serious physical injury
When someone “knowingly restrains another unlawfully and without consent so as to interfere with his or her liberty”?
Kidnapping 3rd Degree
What is “Sexual Intercourse”?
Any penetration of the female genitalia by a penis
What is “Deviate Sexual Intercourse”?
Any act involving genitals of 1 person and the hand, mouth, tongue, or anus of another. OR; Any sexual act involving penetration of penis, instrument or object for arousing sexual desire or for purpose to terrorizing the victim
What is Sexual contact?
Any touches or another person with the genitals or touching of the genitals or anus. Including female breasts, touching through the clothing.
PURPOSE: To gratify sexual desire / Terrorize victim
What is “Rape- 1st degree”?
Sexual intercourse w/ another person by: Using forcible compulsion or WHO is incapacitated, incapable of consent, or lacks the capacity to consent