25. Criminal Law - Crimes

Question 1

First Degree Murder

Answer 1

specific intent to kill/inflict GBH
AND engaged in an enumerated felony

Question 2

Enumerated Felonies for First Degree Murder

Answer 2

• aggravated/2DK
• aggravated escape
• aggravated arson
• forcible/aggravated rape
• aggravated burglary
• robbery
• cruelty to juveniles
• terrorism
• if ‘special victim’ involved

Question 3

Assault

Answer 3

• simple = intentional placing of another in reasonable apprehension of receiving a battery
• Aggravated = assault committed with a dangerous weapon
• aggravated assault with a firearm = simple assault + firearm

Question 4

False Imprisonment

Answer 4

unlawful intentional confinement or detention of another

FI with a DW = while the offender is armed with a dangerous weapon

Question 5

Aggravated Burglary

Answer 5

the unauthorized entering of any structure where a person is present with the intent to commit a felony or theft therein, when the offender:

• is armed with a dangerous weapon,
• arms himself with a dangerous weapon after entering, or
• commits a battery on another during the burglary

second degree = battery committed with a dangerous weapon when the offender intentionally inflicts serious bodily injury

Question 6

Criminal Damage to Property

Answer 6

intentional damaging of property of another without consent
by means other than fire or explosion

aggravated = foreseeable that human life might be endangered

Question 7

Criminal Trespass

Answer 7

the entry or “remaining upon” immovable property owned by another without express, legal, or implied authorization

Question 8

Theft

Answer 8

misappropriation or taking of anything of value which belongs to another
without consent
and with the intent to permanently deprive

attempted theft = card declined?

Question 9

Felon with a Firearm

Answer 9

It is unlawful for a person who has been convicted of a felony crime of violence or a felony drug possession crime to possess a firearm.

Question 10

Illegally Supplying a Felon with a Firearm

Answer 10

the intentional giving, selling, donating, providing, lending, delivering, or otherwise transferring a firearm to any person known by the offender to be a person convicted of a felony and prohibited from possessing a firearm

Question 11

Computer Tampering

Answer 11

The intentional accessing or assisting someone else in accessing data in a computer or computer program without authorization from the owner of the computer.

Question 12

Stalking

Answer 12

the intentional and repeated harassing of another person in a manner that would cause a reasonable person to feel alarmed or to suffer emotional distress

includes distress caused by threats of death or bodily injury

Question 13

Criminal Conspiracy

Answer 13

the agreement or combination of two or more persons for the specific purpose of committing any crime

at least one party must do an overt act in furtherance of the object of the agreement or combination

Question 14

Obstruction of Justice

Answer 14

tampering with evidence with the specific intent of distorting the results of any criminal investigation or proceeding which may reasonably prove relevant to a criminal investigation or proceeding
committed with the knowledge that such act has, reasonably may, or will affect an actual or potential present, past, or future criminal proceeding

hid getaway car?

Question 15

Flight from an Officer

Answer 15

the intentional refusal of a driver to bring a vehicle to a stop knowing that he has been given a visual and audible signal to stop by a police officer when the officer has reasonable grounds to believe that the driver has committed an offense

is he off duty? did both siren and lights go off?

aggravated = under circumstances wherein human life is endangered

Question 16

Reckless Operation of a Vehicle

Answer 16

the operation of any motor vehicle, aircraft, vessel, or other means of conveyance in a criminally negligent or reckless manner

eg: high speed chase/ ramming police car/ driving erratically and almost hitting peds/ running red light/ lethal accident involvement

Question 17

Hit-and-Run Driving

Answer 17

intentional failure of the driver of a vehicle involved in or causing any accident,
to stop such vehicle at the scene of the accident,
to give his identity,
and to render reasonable aid

Question 18

Possession of CDS / with Intent to Distribute

Answer 18

It is unlawful for any person to knowingly or intentionally possess a controlled dangerous substance classified in any schedule of unlawful drugs

+ possession of a controlled dangerous substance with intent to distribute

Question 19

Driving while Intoxicated

Answer 19

the operating of any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance when: the operator is under the influence of alcoholic beverages/ any controlled dangerous substance

Question 20

Battery

Answer 20

the intentional use of force or violence on the person of another

• second degree = committed when the offender intentionally inflicts serious bodily injury
• aggravated = with dangerous weapon

includes the intentional administration of a poison or other noxious liquid or substance to another

Question 21

Dangerous Weapon

Answer 21

An instrumentality that, in the manner used, is calculated or likely to produce death or great bodily harm

(ie hitting very hard with a nightstick)

Question 22

Self Defense

Answer 22

a person may use self-defense if he reasonably believes that his conduct is necessary under the circumstances.

Question 23

When you CANNOT claim self defense

Answer 23

A person who is an aggressor or who brings on a difficulty CANNOT claim the right to self-defense
UNLESS
he withdraws from the conflict in good faith and in such a manner that his adversary knows or should know that he desires to withdraw and discontinue the conflict

Question 24

Arson

Answer 24

intentional damaging of property of another by any explosive substance or by setting fire to any structure

• aggravated = where it is foreseeable that human life might be endangered

Question 25

Attempted Murder

Answer 25

When the perpetrator has a _specific intent_ to commit a crime and **does an act for the purpose of and tending directly toward the accomplishing of his object.** To be guilty of attempted *murder*, the defendant must have **specifically intended to kill his victims.**

Question 26

Attempt

Answer 26

a person who has a _specific intent_ to commit a crime **does an act for the purpose of and** **tending directly toward the accomplishing of his object.**

Question 27

Transferred Intent

Answer 27

When a person has a specific intent to kill or inflict great bodily harm on a certain person but instead kills or harms another by mistake or inadvertence, he is responsible for the resulting death under the doctrine of transferred intent. eg: firefighter dies after arson

Question 28

Carjacking

Answer 28

the **intentional taking of a motor vehicle** belonging to another, while **in the presence of that person**, by use of **force or intimidation**

Question 29

Armed Robbery

Answer 29

the **taking of anything of value belonging to another** from that person, by **use of force or intimidation**, while **armed with a dangerous weapon**

Question 30

Robbery

Answer 30

the **taking of anything of value belonging to another** from that person, by **use of force or intimidation**

Question 31

Defense of Property

Answer 31

The use of force is justifiable when **committed for the purpose of preventing a forcible offense against the person**, or a **forcible offense or trespass against property** in a person’s lawful possession, provided that the force or violence used is **reasonable and apparently necessary** to prevent such offense. PRESUMPTION

Question 32

Presumption in Defense of Property

Answer 32

PRESUMPTION that a person lawfully inside a dwelling held a reasonable belief that the use of force or violence was necessary to prevent unlawful entry thereto, or to compel an unlawful intruder to leave the premises, IF BOTH of the following occur: 1. the person against whom the force or violence was used was in the process of unlawfully and forcibly entering or had unlawfully and forcibly entered the dwelling; AND 2. the person who used force or violence knew or had reason to believe that an unlawful and forcible entry was occurring or had occurred.

Question 33

Simple Burglary

Answer 33

the unauthorized entering of any dwelling/ vehicle/ structure where a person is present with the intent to commit a felony or theft

Question 34

Possession of a Concealed Firearm

Answer 34

“Illegal carrying of weapons” includes “the intentional concealment of any firearm on one’s person

Question 35

Second Degree Murder

Answer 35

the killing of a human being when the offender has SPECIFIC INTENT to kill or to inflict great bodily harm

Question 36

Unauthorized Entry of a Place of Business

Answer 36

intentional unlawful unauthorized entering place of business enclosed by six-foot high barrier

Question 37

Resisting an Officer

Answer 37

the **intentional interference with, opposition or resistance to, or obstruction of** an **individual acting in his official capacity** and authorized by law to make a lawful arrest, lawful detention, or seizure of property, or to serve any lawful process or court order when the offender **knows or has reason to know** that the person arresting, detaining, seizing property, or serving process is **acting in his official capacity**

Question 38

Simple Kidnapping

Answer 38

the forcible seizing and carrying of a person from one place to another without consent

Question 39

Second Degree Kidnapping

Answer 39

the forcible seizing and carrying of a person from one place to another without consent when: - victim is used as a hostage - offender is committing a felony or fleeing from felony OR - armed with a dangerous weapon

Question 40

Criminal Damage to Coin-Operated Device

Answer 40

the intentional damaging of any coin-operated device belonging to another

Question 41

Vehicular Homicide

Answer 41

the **killing of a human being caused proximately or directly** by an offender engaged in the operation / in actual physical control of, any motor vehicle, aircraft, watercraft, or other means of conveyance, *(whether or not the offender had the intent to cause death or great bodily harm)* when, among other conditions, the operator is **under the influence of alcoholic beverages**, and that condition was a **contributing factor** to the killing

Question 42

Third-Degree Feticide

Answer 42

the killing of an unborn child by the **act, procurement, or culpable omission of a person other than the mother** of the _unborn child_ - third degree = by an offender engaged in the operation of, or in actual physical control of, any motor vehicle, aircraft, vessel, or other means of conveyance **whether or not the offender had the intent to cause death or great bodily harm whenever, among other things, the offender is under the influence of alcoholic beverages**

Question 43

Vehicular Negligent Injuring

Answer 43

the **inflicting of serious bodily injury upon the person of a human being** when caused proximately or caused directly by an offender engaged in the operation of, or in actual physical control of, any motor vehicle, aircraft, watercraft, or other means of conveyance when, among other conditions, the operator is **under the influence of alcoholic beverages, and that condition was a contributing factor** to the injury *(vehicular homicide without the death)*

Question 44

Special Battery Crimes

Answer 44

Battery of Police Officer (did he ram the police officer's car?) Battery of Schoolteacher

Question 45

Video Voyeurism

Answer 45

the use of any image recording device for the purpose of observing, photographing or videotaping a person when that person has **not consented to it** and the offender uses the device for a **lewd or lascivious purpose** includes the “transfer of an image obtained by activity” described above by “live or recorded telephone message, electronic mail, the Internet, or a commercial online service”

Question 46

Home Invasion

Answer 46

“the unauthorized entering of any inhabited dwelling” when “a person is present,” with the “intent to use force or violence upon the person.”

Question 47

Nonconsensual Disclosure of Private Image

Answer 47

ELEMENTS: (1) The person intentionally discloses an image of another person who is seven- teen years of age or older, who is identifiable from the image or information displayed in connection with the image, and whose intimate parts are exposed in whole or in part (2) The person who discloses the image obtained it under circumstances in which a reasonable person would know or understand that the image was to remain private (3) The person who discloses the image knew or should have known that the person in the image did not consent to the disclosure of the image (4) The person who discloses the image has the intent to harass or cause emotional distress to the person in the image, and the person who commits the offense knew or should have known that the disclosure could harass or cause emotional distress to the person in the image

Question 48

Disturbing the Peace

Answer 48

doing of any of the following in such manner as would **foreseeably disturb or alarm the public**: 1. engaging in a fistic (fighting) encounter; OR 2. appearing in an intoxicated condition

Question 49

Escape

Answer 49

the intentional departure of a person from any place where such person is legally confined aggravated = under circumstances wherein human life is endangered

Question 50

Theft of Assets of an Aged Person/ Disabled Person

Answer 50

misappropriating property of a person over the age of sixty years

Question 51

Identity Theft

Answer 51

The intentional fraudulent use of one’s personal identifying information (SS#, ID, etc.) to obtain, possess, or transfer credit, money or anything else of value without the authorization or consent of the other person.

Question 52

Access Device Fraud

Answer 52

to transfer or possess an “access device” with the intent to defraud An access device = using credit cards, ATM cards, social security numbers or other ID numbers

Question 53

Unauthorized Use of a Movable

Answer 53

the intentional taking or use of a movable which belongs to another without the other’s consent but **without any intention to deprive the other of the movable permanently**

Question 54

Offenses Against Computer Equipment

Answer 54

the intentional **modification or destruction** of computer equipment without consent

Question 55

Principal

Answer 55

In Louisiana, all persons who **directly commit the act** constituting the offense, or who **aid and abet**, are considered principals. The acts of **one principal are attributed to the other principals**, so long as each principal had the appropriate **mens rea.** *(i.e., intent to commit the crime or to help or encourage another to do it)*

Question 56

Domestic Abuse Battery

Answer 56

intentional use of force or violence committed by one household member or family member upon the person of another household member or family member

Question 57

Attempt

Answer 57

Any person who, having a **specific intent to commit a crime**, **does or omits an act for the purpose of and tending directly toward the accomplishing of his object** is guilty of an attempt to commit the offense intended; and it shall be _immaterial whether, under the circumstances, he would have *actually* accomplished his purpose_

Question 58

Unauthorized Entry of an Inhabited Dwelling

Answer 58

intentional entry by a person without authorization into any inhabited dwelling or other structure belonging to another and used in whole or in part as a home or place of abode by a person

Question 59

Negligent Injuring

Answer 59

includes “the inflicting of any injury upon the person of another by criminal negligence.” Criminal negligence exists when, although **neither specific nor general criminal intent is present**, there is such **disregard of the interest of others** that the offender's conduct amounts to a **gross deviation below the standard of care** expected to be maintained by a reasonably careful man under like circumstances.