65-25 Level 2 Re-Take

Question 1

In cases of domestic violence and charging assault or assault and battery on family and household member, do you use 265 s 13A or 265 s 13M? What is meant by “family and household member”?

Answer 1

You charge 13A. “Family and household member” means the victim is or was:
* related by blood or marriage; or
* living with the offender in the same household.

Question 2

In cases of domestic violence and charging assault or assault and battery on an intimate partner, do you use 265 s 13A or 265 s 13M? And what is meant by intimate partner?

Answer 2

You charge 13M. An intimate partner means the victim:
* is or was married to the offender; or
* had a child in common with the offender, regardless of whether they were ever married or lived together; or
* is or was involved in a substantive dating or engagement relationship

Question 3

Sale or possession of fireworks
148 s 39

Answer 3

The suspect:
Sold, offered, or kept for sale; or
had in his possession; or
caused to explode;

Fireworks- provided they were not for a legally exempt purpose.

Right of arrest
For sales-related activity: (M) warrantless arrest in presence

Possession or causing to explode: Confiscate the fireworks and do a complaint

Question 4

Distribution!!

Someone is selling, or intending to sell, marijuana (any amount). What is your strongest action?

Answer 4

Arrest for the misdemeanor.

Question 5

Notice this does not involve force or threat of bodily harm (like rape).

STATUTORY RAPE
265 S 23

Under 16 can’t consent to sexual intercourse

Answer 5

ELEMENTS
The suspect unlawfully;

Engaged in natural or unnatural sexual intercourse with the victim;

**Who was under 16 years of age at the time of the offense.

RIGHT OF ARREST Felony

NOTE
Child under 16 makes consent irrelevant. Those under 16 are not sufficiently mature to understand fully the physical, mental, and emotional consequences of sexual intercourse.

Question 6

**Know body parts. Know <14 can’t consent to any sexual touching

Indecent Assault and Battery on child under 14 years old
265 s 13B

Answer 6

Elements
* The child was not yet 14 years old at the time of the offense;
* The S committed an A&B which was indecent.

Right of arrest Felony

Important: A child under age 14 is presumed incapable of consenting to any sexual touching.

Remember the three body parts: female breasts, buttocks, or genitals.

Question 7

What is a shod foot?

Answer 7

A shod foot is a foot wearing a shoe; it is capable of being a Dangerous Weapon if capable of causing greater harm than an unshod foot.

Question 8

What is the right of arrest for assault and battery? What is the most common example of an assault and battery>

Answer 8

(M) Breach of peace, in presence. The most common example is a hit or a push.

Question 9

A suspect picks up a knife and threatens to stab the victim. What crime is this? Misdemeanor or felony?

Answer 9

It is assault by means dangerous weapon, to wit knife. It is a felony

Question 10

For a typical firearm arrest, you will charge:

Answer 10

269 s 10 (a) Poss of FA w/o a license (felony)
269 s 10 (h) Poss of ammo w/o FID card (misdemeanor)
269 s 10 (n) Poss of loaded firearm

Question 11

Stalking and criminal harassment are identical charges, except stalking involves a………

Answer 11

threat. Both criminal harassment and stalking require at lease three incidents.

Question 12

What lies at the heart of any and all civil rights violation?

Answer 12

The suspect’s bias motivation

Question 13

Know ROA and body parts

Indecent Exposure 272 s 53

ELEMENTS
Intentional. The suspect intentionally;
Expose genitals. Exposed his or her genitals to one or more persons; and
Cause offense. At least one person was offended by the exposure.

Answer 13

**Right of Arrest Warrantless arrest in presence in public. Complaint, in private.
**
Notes

The indecent exposure does not have to occur in a public place. Public breastfeeding is not indecent exposure.

Indecent exposure is limited to exposure of the genitalia and not to exposure of the genital area, pubic hair, buttocks, or female breasts.

Question 14

No ROA, except if interfering w/arrest of another

Resisting Arrest 268 S 32B

Answer 14

Elements
Prevent or attempt. The suspect knowingly prevented or attempted to prevent;
Police officer. A police officer in the regular course of his assigned duties,
who was in uniform or, if out of uniform, who properly identified himself by displaying his credentials;
Arrest. From effecting an arrest of:
The actor; or
Another person;
Force, threat, risk of injury. By using the police officer or another person:
Physical force or the threat of physical force; or
Any other means that creates a substantial risk of bodily injury.

Right of arrest Because an arrest is being made, officers continue to do so. If it is a person interfering with the arrest of another, officers may arrest for an obvious breach of the peace.

Question 15

Armed robbery

Answer 15

Weapon. The suspect was armed with a dangerous weapon when he;
Force or fear. By force or fear;

Theft from person. Took money or property from the victim or the victim’s immediate control.

Right of arrest: Felony

Question 16

Definition of assault

Answer 16

The suspect intended to commit a battery, which involved touching the victim in a harmful or unpermitted way; took some overt action; and came reasonably close to committing a battery (a swing and a miss)
OR
The suspect intentionally engaged; in menacing conduct; that caused the victim to fear an imminent battery.

Remember…Verbal threat alone is insufficient. A verbal threat to do harm becomes an assault when accompanied by some outward gesture.

Question 17

This is an add-on charge

Furnishing false name or social security number to law enforcement officer
268 s 34A

Remember, there is no right of arrest for this. Why?

Answer 17

This is an additional (Misdemeanor) charge. There is no statutory right of arrest (the S is already under arrest).

Question 18

Statutory right of arrest for A+B on a pregnant woman

Answer 18

Felony

Question 19

Statutory right of arrest for A+B resulting in serious bodily injury

Answer 19

Felony

Question 20

Statutory right of arrest for A+B with a hypodermic needle

Answer 20

Felony

Question 21

Statutory right of arrest for A+B on a child under 14 years old

Answer 21

Felony

Question 22

The rights of arrest for larceny

Answer 22

If the suspect steals property valued in excess of $250: Warrantless arrest on PC (misdemeanor)

If the value of property stolen was valued at over $1200, or a firearm, or trade secret, then it’s a felony.

If the suspect steals property valued at $250 or less: Warrantless arrest in presence (Misdemeanor). Otherwise, complaint.

Any time a police officer witnesses a theft, warrantless statutory arrest powers apply (misdemeanor, in presence).

NOTES
If victim is 60 or older, or disabled, and if value of property is over $250 Felony

If victim is 60 or older and value of property is $250 or less Misdemeanor

Question 23

Examples of privacy precautions

Answer 23

Examples include a fence, walls, locked gates, or doors.

Question 24

Trespass after Notice 266 s 120

Answer 24

Elements
Without right. The suspect entered or remained without right;
Property of another. On or in the dwelling, building, boat, improved or enclosed land, wharf, or school bus of another;
Notice. Even though a person with lawful control had forbidden the suspect’s presence:
Directly; or
With a posted notice; or
Through a 209A, s 3 and 4, or 208 s 34B court order (order to vacate marital home).

Right of arrest: Misdemeanor arrestable in presence.

Question 25

B&E Daytime (this also covers entering without breaking at nighttime) 266 s 18

Answer 25

ELEMENTS (Scheft 31-14) Entry Method. The suspect: Enters without breaking in the nighttime; OR Breaks and enters in the daytime. Building, vessel, vehicle. Intent. With the intent to commit a felony; No Fear. No person lawfully inside is “put in fear.” ROA Felony

Question 26

Examples of sufficient resistance for resisting arrest

Answer 26

1. Physically struggling with the police. 2. Stiffening or flailing arms to prevent cuffing. 3. Stiffening body to prevent placement in cruiser. 4. Using force “in opposition” to officers

Question 27

Burglary 266 s 15

Answer 27

ELEMENTS B&E. The suspect: Breaks and enters with intent to commit a felony; OR Enters with intent to commit a felony and then breaks into; Dwelling. A dwelling house; Night. In the nighttime; and No weapon or assault. The suspect: Is not armed with a dangerous weapon while in the house; AND Does not assault a lawful occupant. Right of arrest Felony

Question 28

# Know ROA...be able to identify examples of it Interfering with a Police Officer Common Law Crime Elements Knowledge. The suspect knew, or should have known, the officer was engaged in the lawful performance of duty; and Obstruction. Physically obstructed or threatened violence against the officer; Intent. With the intent of obstructing or hindering the officer in the performance of duty. Right of arrest (M) Breach of peace, in presence

Answer 28

NOTES This charge requires physical obstruction or threats of violence Physical obstruction includes: **Refusing to move **Verbally interrupting in a loud and persistent manner **Videotaping is not interfering unless it’s done in a manner that physically hinders police. **A suspect’s refusal to identify himself is not interfering.

Question 29

# ROA's and know the idea of suspect's actions being motivated by bias Interference with Civil Rights 265 S 37

Answer 29

Elements Force or threat. The suspect willfully used force or the threat of force; Attempt or interfere. To attempt or actually interfere with; or intimidate; or oppress; Motivated by bias. Because of bias toward the victim’s actual or perceived race, religion, ethnicity, nationality, handicap, gender, sexual orientation, gender identity, or other identifiable characteristic; Exercise of legal right. The exercise by the victim of a right secured by the Constitution or laws of the United States or Massachusetts. Right of arrest If bodily injury results: Felony If no bodily injury: Arrest for breach of peace in presence. Otherwise, complaint.

Question 30

Assault and battery by means dangerous weapon 265 s 15A

Answer 30

** Commits an assault and battery ** By intentionally and unjustifiably touching another person; OR ** Intentionally commits a wanton and reckless act that causes physical injury; or **an intentional, harmful touching. **Through the instrumentality of a dangerous weapon (“by means of a Dangerous weapon”).

Question 31

What is the right of arrest for assault?

Answer 31

It is a misdemeanor arrestable as a breach of peace, in presence.

Question 32

Defacing or Damaging Property 266 s 126A

Answer 32

Elements Malicious or wanton. The suspect maliciously or wantonly; Destroy or deface. Marked, injured, defaced, or destroyed; Property of another. The real or personal property of another. Right of arrest: Felony, regardless of value of damage

Question 33

# Know ROA Sexual Conduct for a Fee 272 s 53A Elements The suspect: Customer. Paid, offered, or agreed to pay another to engage in sexual conduct; or Prostitute. Engaged, offered, or agreed to engage in sexual conduct with another person for a fee. Note: Sex act does not have to occur.

Answer 33

Right of arrest Misdemeanor. Warrantless arrest in presence.

Question 34

Police may or may not detain a person with a small amount of marijuana who appears to be 21 or over, is not consuming it in public or a prohibited area, and is not engaged in illegal distribution?

Answer 34

MAY NOT!!

Question 35

A person in possession of credit cards belonging to ________ people is presumed to have known they were stolen.

Answer 35

Four or more other people The right of arrest for this is misdemeanor, arrestable in presence.

Question 36

# Know body parts. Know <14 can't consent to any sexual touching Indecent Assault and Battery on child under 14 years old 265 s 13B

Answer 36

Elements * The child was not yet 14 years old at the time of the offense; * The S committed an A&B which was indecent. Right of arrest Felony **Important:** A child under age 14 is presumed incapable of consenting to any sexual touching. **Remember the three body parts**: female breasts, buttocks, or genitals.

Question 37

Rape 265 s 22

Answer 37

ELEMENTS **Intercourse.** The suspect engaged in natural or unnatural sexual intercourse; **Force or threat. ** By compelling the victim to submit by force or by threat of bodily injury against his or her will. RIGHT OF ARREST Felony

Question 38

Rape of a Child under 16 265 S 22 (a)

Answer 38

ELEMENTS **Intercourse.** The suspect engaged in natural or unnatural sexual intercourse; **Force or threat.** By compelling the victim to submit by force or by threat of bodily injury against his or her will; and **Under 16.** The victim is under the age of 16. RIGHT OF ARREST Felony

Question 39

# Know what makes it aggravated (5 things) Aggravated Rape of a Child under 16 265 S 22 (B)

Answer 39

****ELEMENTS **The unconsented intercourse with a child under 16 must also involve one of the following factors:** **During the attempted or actual commission of:** burglary; home invasion; B&E; entering without breaking; kidnapping; robbery; ADW or ABDW; posing or exhibiting child in state of nudity or sexual conduct; **or** **Result in substantial bodily injury,** defined by 265 s 13J as “bodily injury which creates a permanent disfigurement, protracted loss or impairment of a function of a body member, limb, or organ, or substantial risk of death”; **or** **Committed while victim bound** or gagged; **or ** **Committed after defendant administered, or caused to be administered, alcohol or a controlled substance by injection,** ingestion, or any other means to the victim without the victim’s consent; **or** **Committed by a joint enterprise; or** **Committed in a manner in which the victim could contract a sexually transmitted disease **about which the suspect knew or should have known.

Question 40

The law presumes that a person under age ____ is incapable of consenting to sexual touching. The law presumes that a person under age ____ is incapable of consenting to sexual intercourse.

Answer 40

14 for sexual touching 16 for sexual intercourse

Question 41

When it comes to the crime of arson, what is evidence of sufficient burning?

Answer 41

Charring