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Flashcards in 2. Stat Law Deck (105)
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1
Q

What is a “Misdemeanor”?

A

Typically a crime punishable by less than 12 months in jail. (Or Community service, probation, fines)

2
Q

What is an “Infraction”?

A

No other sentence than a fine up to $400 , or a fine and a forfeiture

3
Q

What does “Recklessly” mean?

A

Consciously disregards a substantial and unjustifiable risk

4
Q

What is “criminal negligence”?

A

When (s)he fails to be aware of a substantial and unjustifiable risk (intoxicated driver trying to crash)

5
Q

What is “Murder”?

A

Knowingly causes the death of another - after deliberation (Time to reflect) upon the matter

6
Q

What is a cool reflection for any length of time called?

A

Deliberation

7
Q

Definition “Slight impairment of any function of the body or temporary loss of the use of the body”?

A

Physical injury

8
Q

What is a “serious physical injury”?

A

Created a risk of death or impairment function of any part of the body

9
Q

What is Knowingly causing the death of another- After deliberation upon the matter.

A

Murder 1st Degree

10
Q

What is Murder 2nd degree?

A

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

11
Q

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

A

Voluntary Manslaughter

12
Q

What is “sudden passion”?

A

Out of provocation by the victim (Provoked)

13
Q

Involuntary manslaughter - 1st degree

A

Recklessly causes the death of another person

14
Q

Involuntary manslaughter- 2nd degree

A

Act with criminal negligence to cause the death of another

15
Q

Who are special victims?

A

Enhances Sentences: While on duty; Any first responder including elderly, disabled or volunteer person.

16
Q

Assault - 1st Degree

A

Attempts to kill someone or cause serious physical injury

17
Q

Assault - 2nd Degree

A

Attempts to kill or knowingly causes or attempts to cause SERIOUS PHYSICAL INJURIES influence of sudden passion arising out of adequate cause

18
Q

What’s the difference in 1st & 2nd degree “Harassment”??

A

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)

19
Q

What is classified as “Kidnapping 1st degree”?

A

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)

20
Q

What is “Kidnapping 2nd Degree”?

A

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

21
Q

When someone “knowingly restrains another unlawfully and without consent so as to interfere with his or her liberty”?

A

Kidnapping 3rd Degree

22
Q

What is “Sexual Intercourse”?

A

Any penetration of the female genitalia by a penis

23
Q

What is “Deviate Sexual Intercourse”?

A

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

24
Q

What is Sexual contact?

A

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

25
Q

What is “Rape- 1st degree”?

A

Sexual intercourse w/ another person by: Using forcible compulsion or WHO is incapacitated, incapable of consent, or lacks the capacity to consent

26
Q

What is “Rape - 2nd degree”??

A

Sexual intercourse w/ another person knowing that (s)he does so without the persons consent

27
Q

What is Sodomy -1st degree?

A

Deviate intercourse w/ another person by, forcible compulsion; who is incapacitated or lacks the capacity to give consent

28
Q

What is “Sodomy -2nd Degree”?

A

Deviate intercourse w/ another person KNOWING that (s)he does so without consent

29
Q

What is “Statutory Rape - 1st degree”?

A

Sexual intercourse with another person who is less than 14 years old

30
Q

What is “Statutory Rape- 2nd degree”??

A

21 years of age or older, he or she has sexual intercourse with another person who is less than 17

31
Q

What is “Statutory Sodomy - 1st degree”?

A

Deviate intercourse with another under the age of 14 yrs old

32
Q

What is statutory Sodomy 2nd degree??

A

Someone 21yr old having Deviate sexual Intercourse with someone less than 17yr

33
Q

Sexual misconduct 1 degree:

A

Exposing their genitals knowingly (s)he will cause affront or alarm by doing so. Including Sexual contact in the presence of a third person; OR Public sexual or deviant intercourse

34
Q

Sexual misconduct 2nd degree:

A

Solicits or requests another person to engage in sexual conduct knowing it is likely to offend (Sexual jokes + persistant)

35
Q

Child molestation: 1st degree

A

Subjects another who is less than 14yr old to sexual conduct. Aggravated sexual offense

36
Q

Child molestation: 2nd degree. Aggravated sexual offense

A

Subjecting a child under 12yr old to sexual contact.

OR;

Being 4 years older than a child who is less than 17, subjects the child to sexual contact and the offense is an aggravated sexual offense

37
Q

What is “actual possession”?

A

If the person has the contraband on his/her person or without easy reach

38
Q

What is “constructive possession”?

A

Not in actual possession, person has the power over the substance directly or through another person (Drug dealer)

39
Q

What is robbery 1st degree?

A

Forcibly steals property and causes SERIOUS PHYSICAL injury -OR- is armed with a Gun, dangerous object Or- Steals any controlled substances from a Pharmacy

(Person v person)

40
Q

What is Robbery 2nd degree?

A

Forcibly steals property and thereof causes physical injury to another person (Person v person)

41
Q

What is Arson and the differences in the 1st / 2nd degree?

A

(Arson &2nd)
Knowingly damages a building Or inhabitable structure by fire or by causing an explosion.

1st Degree : Someone has to be in or near the building when fire started and is REcklessly put into danger

42
Q

What is “Recklessly burning or exploding”?

A

Destroying property of another by starting a fire knowing the dangers

43
Q

What is “Negligently burning or exploding”?

A

Unaware of the dangers when starting a fire. (Fire jumping across the road to another property)

44
Q

What is the Intent to DISTRIBUTE a controlled substance?

A

to possess with intent to deliver or transfer possession of a controlled substance to another person

45
Q

What is the value to make property damage a felony?

A

$750 or more

46
Q

What is the $ value to make stealing a felony?

A

$750 or more

47
Q

What is the “possession” of a controlled substance?

A

Knew presence AND illegal nature AND has actual or constructive possession

48
Q

Define the “original package of intoxicating liquor”

A

from 32 oz to 128 oz of draft beer to customers in containers filled by any employee

49
Q

What is the illegal blood alcohol level to operate a vessel?

A

.08 BAC (1% of body weight of alcohol in the blood)

50
Q

Who can be a mandated reporter to child abuse or neglect?

A

Anyone who works and interacts with the public

51
Q

What are the procedures for a child abuse incident?

A

LEO or physician can physically take or retain temporary without the parent or guardians consent.

Call DCFS

Hold up to 24hr

Capeus warrant to remove child

52
Q

What is trespassing in the 1st degree?

A

he or she knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure or upon real property

53
Q

What is trespassing in the 2nd degree?

A

Unlawfully upon real estate of another

54
Q

What is described as “actual possession” ?

A

On his or her person or easily accessible

55
Q

What is Kidnapping?

A

if he or she is not a relative of the child, knowing he or she has no right to do so, removes a child under the age of fourteen without consent of the child’s parents or guardian

56
Q

If he or she subjects a child who is less than fourteen years of age to sexual contact:

A

Child molestation 3rd degree

57
Q

Child molestation 4th degree

A

sexual contact with a child, being more than 4 years older than a child who is less than 17

58
Q

What is a misdemeanor possession of marijuana?

A

Possession of 35 grams or less
- A Misdemeanor

59
Q

What is a Felony possession of marijuana?

A

Possession of 35 grams or more

60
Q

What is stealing?

A

property or services of another; with the purpose to deprive him or her by means of deceit or coercion.

61
Q

What is considered Felony stealing?

A

any amount of anhydrous ammonia:

Over $750 value (including vehicles & motor crafts)

And will or deed property

Any bank electric card

Any firearm / explosive

Any U.S flag designed for display

62
Q

What is Tampering in the first degree?

A

causing a substantial interruption or impairment of a Public service or by an institution providing health or safety protection.
-Or-
Knowingly receives, possesses, sells, or unlawfully operates an automobile, airplane, motorcycle

63
Q

What is statutory sodomy in the first degree?

A

he or she has deviate sexual intercourse with another person who is less than fourteen years of age

64
Q

What is burglary ?

A

he or she knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure for the purpose of committing an offense

65
Q

What is burglary in the first degree?

A

he or she knowingly enters unlawfully or knowingly remains in a inhabitable structure for the purpose of committing an offense

Is armed with explosives or a deadly weapon; or Causes or threatens immediate physical injury

66
Q

What is burglary in the second degree?

A

he or she knowingly enters unlawfully or remains in an inhabitable structure for the purpose of committing a crime therein

67
Q

What is the $ value to make a bad check a felony ?

A

$750 or more over a 10 day period within the same county.

OR- Writing a check knowing there is No Drawee Bank or Drawee account

68
Q

What is the purpose of the 10-day letter for bad checks?

A

10 days to pay back the amount on written check. Can be used as evidence

69
Q

What is “fraudulence use of a credit card”?

A

Using a C.C knowing the device is stolen, forged or provoked.

OR- use of device is unauthorized (Misdemeanor)

Felony $750 during a 30 day period

70
Q

What is described as “resisting Or interfering with an arrest”?

A

if he or she knows or reasonably should know that a law enforcement officer is making an arrest or attempting to lawfully detain or stop an individual or vehicle, and for the purpose of preventing the officer from effecting the arrest, stop or detention

71
Q

What is “Hindering prosecution” mean?

A

Harbors or conceals such person;

OR Warns such person of impending discovery or apprehension,

Or Provides aid in avoiding discovery or apprehension; or Prevents or obstructs, by means of force, deception or intimidation

72
Q

What is considered tampering with a witness?

A

With the purpose to induce a witness or a prospective witness to disobey a subpoena or other legal process, absent himself or herself, avoid subpoena or other legal process, withhold evidence, information, ect.

73
Q

What is Escape or attempt to escape from custody?

A

while being held in custody after arrest for any offense or violation of probation or parole, he or she escapes or attempts to escape from custody

74
Q

The offense of willfully telling an untruth in a court after having taken an oath or affirmation

A

Perjury

75
Q

What is public servant acceding to corruption?

A

he or she knowingly solicits, accepts or agrees to accept any benefit, direct or indirect, in return for his or her

76
Q

What is Someone who “allegedly solicited or hired an individual to engage in sexual acts or prostitution”

A

Patronizing prostitution

77
Q

What is Prostitution in the first degree?

A

Promotes prostitution by compelling a person to enter into, engage in, or remain in prostitution

Anyone under 16yr old

78
Q

What is Prostitution in the second degree?

A

managing, supervising, controlling or owning, either alone or in association with others, a house of prostitution or a prostitution business

79
Q

What is prostitution in the third degree?

A

Causes or aids a person to commit or engage in prostitution

80
Q

What is A minor in possession of intoxicating liquor?

A

Any person under the age of twenty-one years, who purchases or attempts to purchase, or has in his or her possession

81
Q

What is Missouri’s “use and abuse” law?

A

Anyone under 21 years of age may have his or her driving privilege suspended for 90 days (1st offense) or revoked for one year (2nd offense) for any alcohol related traffic offenses

82
Q

Who can be a Mandated reporter and what must they report in regards to child abuse?

A

Any adult profession can report and shall, upon finding reasonable cause, directly and immediately report

83
Q

What is the procedure for protective custody? -Child

A

LEO or physician can take or retain temporarily without parent or Guardian’s consent.
1. Report to DCFS
2. Get capias warrant to remove child
3. Advise parent or guardian
4. Notify juvenile officer within 12 hrs (Can hold for 24 hr)

84
Q

Why are physical indications of child abuse ?

A

Abnormal/repetitive injuries from normal bruising or welts

85
Q

How should you document child abuse?

A

With photos, testimonies, and or medical record

86
Q

What are types of fractures that relate to child abuse?

A

Spiral fracture (twist or pull of body) multi fractures, dental fractures or orbital fracture

87
Q

What is shaken baby syndrome?

A

A serious brain injury resulting from forcefully shaking an infant or toddler (1w-24m)

88
Q

What is the Carroll doctrine? (From Carroll v U.S)

A

warrantless searches of an automobile, which is known as the automobile exception

89
Q

What is California v. Carney?

A

which held that a motor home was subject to the automobile exception to the search warrant

90
Q

What is Mincey v Arizona ?

A

warrantless search of Mincey’s apartment was unreasonable and unconstitutional under the Fourth and Fourteenth Amendments; homicide in a home

91
Q

What is a “Inventory search”?

A

a warrantless search of a lawfully impounded vehicle conducted by police

92
Q

Can evidence be admissible in a “private persons” search?

A

Yes! Even if illegal search was done by a private person

93
Q

What is “Hot pursuit” described as?

A

pursuit of a person who is reasonably believed by such officer to have committed a felony or attempted to commit a crime

94
Q

What is a frisk of a person?

A

contact with the outer clothing of a person, using a feel and/or pat down methods to detect whether a concealed weaponry or dangerous instrument is being carried

95
Q

What is the procedures for searching containers ?

A

If you are under arrest, or suspected of a crime, then police can search closed containers in the passenger compartment of your vehicle without a warrant.

96
Q

Level of proof needed for a stop and frisk?

A

Reasonable suspicion of weapons or being armed

97
Q

What is the justification needed for a stop and frisk?

A

Police can stop you only if they have “reasonable suspicion” that you’re involved in a crime and This is allowed for officer safety reasons, to prevent a suspect from grabbing a weapon inside the car’s passenger compartment

98
Q

What are the three culpable mental states?

A

proof that the conduct of the accused person was committed “intentionally,” “knowingly” or “recklessly

99
Q

What is an “affirmative defense”?

A

a justification for the defendant having committed the accused crime (Self-defense, entrapment, insanity)

100
Q

What is the main difference between “Rape” and “Sodomy”?

A

Rape is sexual intercourse

Sodomy is Deviate intercourse

101
Q

What is an “aggravated sexual offense”?

A

Serious physical injury, more than one attacker, or a deadly weapon

102
Q

What is Child molestation 3rd degree?

A

a child who is less than fourteen years of age to sexual contact

103
Q

What is Tampering in the 2nd Degree ?

A

Tampers with property of another for the purpose of causing substantial inconvenience to that person or to another; or

Unlawfully rides in or upon another’s automobile, airplane, motorcycle, motorboat

104
Q

Felony Class “A - E” Years in prison

A

Felony Class A: 10 to 30 years or life
Felony Class B: 5 to 15 years
Felony Class C: 3-10 years
Felony Class D: Not to exceed 7yr
Felony Class E: - Not to exceed 4yr

105
Q

Misdemeanor Fines: A-D (Jail & Fines)

A

A: Less than 1yr, $2k or Less
B: >6m, $1k or Less
C: >15 Days, $700 or less
D: $500 or less