CHAPTER 23-35 Flashcards
(316 cards)
1
Q
What does chapter 23 have to do with?
A
Public order
2
Q
What is disorderly conduct chapter section?
A
271 Section 53
3
Q
What are the elements of disorderly conduct?
A
-suspect purposely caused or recklessly creates risk
-Public inconvenience or annoyance or
-Misconduct, following types of conduct:
-fighting
-agitated or tumultuous behavior
-creating a hazard or physically offensive condition by an act that serve no legitimate purpose
-threatening to use force
4
Q
When you think of misconduct, what are the four types of conduct?
A
F. A. C. T.
-Fight
-agitated or tumultuous behavior
-Creating a hazard or physically offensive condition
-threatening to use force
5
Q
What is the exception for rights of arrest for disorderly conduct?
A
-special student policy hold it elementary and secondary school students under 18 may not be arrested or even charge with disorderly conduct or disturbing the peace on school grounds or any school related event. This does not apply to anyone and over on School grounds or to School behaviors by juveniles.
6
Q
What is your right of arrest for disorderly conduct?
A
-Warrantless arrest in presents in public
7
Q
What must the suspect do in order to be charged for disorderly conduct?
A
-Suspect must intend or recklessly and inconvenience, annoyance or alarm.
8
Q
Where should the public impact be for disorderly conduct?
A
It could occur on public or private grounds. Misbehavior privately owned parking lot was still likely to affect visitors and other members to the public.
9
Q
Where are some examples that disorderly conduct may occur?
A
-secluded public location
-police station
-private property affecting public place
10
Q
Just because police are present does that prove the public element for disorderly conduct?
A
The theory behind criminalization to sly contact press on the tendency of the actors contact to provide violence and others, and one must suppose that police officers, employed and trained to maintain order would least likely be provoked.
11
Q
Explain, that disorderly prohibits for separate acts? What are those four acts?
A
1) conduct that involves force or violence
2) the threat or force or violence
3) tumultuous behavior, which might not involve physical violence, but which causes a great commotion
4) contact that creates a hazard or physical offensive condition for no legitimate purpose.
12
Q
Is offensive language alone disorderly?
A
No offensive language alone is typically not disorderly. Someone yelling at the police calling them fucking pit pigs are not disorderly.
13
Q
Describe fighting words for disorderly conduct?
A
Fighting words directed as a citizen is disorderly. Fighting words exist only if the person address would most likely make an immediate violent response.
14
Q
Describe tumultuous behavior for disorderly conduct.
A
Tumultuous behavior does not have to be physically violent, but it must involve “riotous commotion“ that constitutes “a public nuisance”.
15
Q
How can a person refusing to obey the police described as behavior?
A
Refusing to obey police orders to show his hands, refused to exit the vehicle, and comply with a frisk was considered to tumultuous behavior. Exposed to police and public to danger by reducing the ability of the to maintain order.
16
Q
Describe a hazard or physically offensive condition for disorderly conduct?
A
A hazard or physically offensive condition is typically disorderly. Hazards. For example, a man allowing his drug to run to the end of his leash, snapping and growling at Pastor pies and not controlling animals.
-Physically offensive act include throwing a stink ball, throwing garbage or other substances, urinating in public or other conduct
-peeping Tom, the crime of disorderly applies to a peeping Tom who causes “a physically offensive condition” by invading the privacy of persons where they are most entitled to feel secure in their home. Holding his cell phone above the divider bathroom stall to take photos of you on the toilet was “offensive “for disorderly conduct as well.
17
Q
What do you need to know about legitimate purposes for creating a hazard or disorderly conduct?
A
There must be “no legitimate purpose“ proved for creating the hazard or offensive condition in order to charge a person with disorderly conduct. Feigenbaum case, 300 people engage in a political protest at Otis Air National Guard base where they blocked traffic entering in exiting. Feigenbaum was arrested. However, the Commonwealth did not prove his cause to public communities by creating hazardous condition, which serve no legitimate purpose. According to Feigenbaum, his legitimate purpose was to save the world. In this case, police officers should have charged him with other alternate charges.
18
Q
What three situations that has changed for disorderly conduct.
A
1) begging, and being homeless. No longer may arrest a person for being homeless.
2) you may no longer arrest, peaceful panhandlers’s protected by the constitution.
3) but it is illegal to employ or permit a minor under the age of 15 to beg for money or handouts.
19
Q
What is 272 section 53?
A
Disturbing the peace
20
Q
What are the elements for disturbing the peace as?
A
-objectively annoying conduct that most people would find annoying or unreasonably disruptive
2) intentional. The suspect behavior was intentional and not the result of a mistake or an
-Victim annoyed. The suspect did in fact annoy or at least one person.
21
Q
What is the rate of arrest for disturbing the peace?
A
It is a warrantless arrest in public
22
Q
What is the rate of arrest for disturbing the peace?
A
It is a warrantless arrest in public
23
Q
Explain, objectively, annoying conduct for disturbing the peace
A
Intentional behavior that is objectively annoying this standard protects people from being arrested for conduct that bothers overly sensitive people since activity must tend to annoy all good citizens.
24
Q
Explain, objectively, annoying conduct for disturbing the peace
A
Intentional behavior that is objectively annoying this standard protects people from being arrested for conduct that bothers overly sensitive people since activity must tend to annoy all good citizens.
25
What context is critical when you were charging disturbing the peace?
Time, place and Manor Is important when charging a person. The behavior check recorded on 95 north in which person is being objectively annoying is when people are watching, being annoyed or bothered by the behavior. for example if a person is yelling in the middle of the night, in a resident residential neighborhood because it is a captive audience. Or a hot summer day, on a busy street, people are watching 2 people get in a heated argument.
26
Is noise required for disorderly conduct?
No noise is not required. In a situation where victims were walking by with her husband and two children, Robert Britto was sitting on a fence. People walked past, the victim looked back, and Britto was completely naked. He made no sound of gestures, but it made her uncomfortable and made her hurry her family along. His actions were deserving the peace and grossness were proper in charging.
27
What do you need to know about disorder during public meetings?
For public boards, commissions, committees and town meetings usually have a person in charge. That person in charge is legally responsible for preserving order.
-Police officers assigned for security and meeting to follow the direction of the person in charge. State law gives authority to the chair that:
- no one should speak without permission,
-any person in meeting must be silent,
-after a warning, if a person continues to be disruptive, the chair may order him or her to leave,
-if the person refuses to leave the chair may authorize a police officer to remove him/her by the police officer. But, during the meetings, the chair should direct him.
28
What would the charge be for disorderly conduct during a public meeting?
Chapter 272 section 40 arrest or charge criminal trespass under 266 section 120. Illegal basis once a person has been ordered by the chair to leave their refusal constitutes “remaining without right “under section 120.
29
Define an unlawful assembly?
269 section one defines unlawful assembly as a group of five or more persons who are armed with dangerous weapons, or 10 or more people armed or not who are “righteously or tumultuously assembled in a city or town”
30
What do you have to do before you can arrest anybody at an unlawful assembly?
You have to give a dispersal order. 269 section one direct that any man or state police officer shall in the name of the Commonwealth command, all person immediately and peaceably disperse” you must say before you can arrest.
31
What is the rate of arrest for an unlawful assembly?
Warrantless arrest in presence.
32
What is the penalty for those who refuse to obey a dispersal order under 269 section 2?
No more than one year and or kind of no less than $100 in no more than $500.
33
What would justify a police dispersal order?
And assembly that must be potentially violent in order to justify a police dispersal order. The members of the group must have a common goal to engage in violent acts. That group violence is imminent.
34
Define incite to riot
A related offense to disorderly. Under Ch 264 s 1 prohibits:
1) advocating, counseling or inciting
2) assault on a public official, killing in person, the unlawful destruction of property, or the overthrow of the state or federal government by force, violence, or other unlawful means
-
35
What is the right of arrest for incite to riot?
It is a felony with right of arrest state penitentiary, NMT3 years or H7 space NMT 2 1/2 years or fine no more than $1000.
36
What are the two things you need to have to charge incite to riot?
Speech plus immediate/ lawless/violent actions.
37
In Chapter 24 what is the Chapter and Section for Gaming or Betting in public?
Chapter 271 section 2
38
What are the elements needed for charging Gaming or Betting in public?
-Knowingly gambled
-In public
39
What are the elements needed for charging gaming or bedding in public?
-Knowingly gambled
-In public
40
What is the right of arrest for gambling?
Under 271 section 2, right of arrest is a warrantless arrest and presence.
41
What are the elements for registering bets under Ch 271 s 17?
The suspect knowingly: -kept place for registering (any place in which they were books or devices for registering bets)
-Permitted registering
-Present to help register.
42
What are the elements for organizing illegal gaming facilities under chapter 271 section 16A?
The suspect knowing:
-Organized managed or financed
-Received payment from
-At least four persons
-support for lottery or betting. Who provided facilities or services for the conduct of illegal lotteries or the registering of bets.
43
What is the right of arrest for organizing illegal gambling facilities?
It’s a felony state pendant century NMT 15 years fine NMT $10,000
44
What are the elements for Illegal Lottery under chapter 271 section 7?
-promote (suspect was involved in anyway and setting up or promoting)
-Lottery
45
What is the right of arrest in penalty for illegal lottery?
Felony right of arrest SP NMT 3 years or HC NMT 2 1/2 years or fine MT $3000
46
Define illegal lottery
Except for the state lottery, all others are illegal in Massachusetts. A lottery involves the
1) the payment of a price,
2) possibility of winning a prize,
3) depending on luck or chance.
47
What is a pyramid scheme?
If pyramid scheme is a lottery because the odds of winning are determined by chance.
48
What are the elements of crimes relating to the Massachusetts lottery Ch 10 30?
-Fraudulent intent (to defraud)
-Alter or forge
-Massachusetts lottery ticket
49
What’s the rate of arrest for crimes relating to the Massachusetts lottery?
The right of arrest is a felony SP space NMT3 years or HC space NMT2 years or NLT $100, and empty $500
50
What is the definition of prohibited sales under Ch 10 s 29?
-prohibited three types of sales.
1) illegal to sell lottery tickets or shares quote at a price greater than that fixed by the commission”2) no person other than a licensed lottery sales agent may sell tickets or shares
3) or maybe sold to a person under the age of 18.
-Anyone may give tickets or shares as a gift
-Anyone may gift a ticket or share to someone under the age of 18
51
Chapter 25
Which chapter and section is Larceny?
Ch 266, s 30
52
What are three ways to engage or the three elements of in larceny?
1) stealing
2) larceny by false pretense
3) embezzlement
53
Explain the element of stealing?
-The suspect unlawfully took and carried away
-The money or property of another
-with the intent to permanently deprive that person
54
Explain the element of stealing?
-The suspect unlawfully took and carried away
-The money or property of another
-with the intent to permanently deprive that person
55
Explain the element of larceny by false pretense
-The suspect normally made a false statement of fact
-The victim relied on as being true and
-caused the victim to give the suspect money or property
56
What is the element of embezzlement under larceny?
-The suspect was entrusted with the property of another
-Took the property, hit it, or converted it to his own use
-with intent to permanently deprive the owner
57
What is the rate of arrest for larceny?
If the suspect steals a firearm, trade secret, or most common situation, property valued in excess of $250 then under chapter 266 section 30. It is a warrantless arrest on probable cause.
The penalty is SP NMT 5 years or HC NMT2 years and fine NMT $25,000.
58
What happens if the suspect steals property valued at $250 or less for larceny what is the rate of arrest?
For under $250 under chapter 276 section 28. It is a warrantless arrest in the presence. Otherwise a complaint.
59
What do you need to know about property subject to larceny?
Larceny involves taking property. The value of the stolen property determines the offices right of arrest and potential penalty. And some cases suspect and steel property more than one time pursuant to a single scheme. On the other hand, distinct larcenies may be presented in multiple counts.
60
What do you need to know about larceny that occurs when the victim lacks the mental capacity to consent?
When a victim lacks mental capacity to consent, the defendant would be guilty if they induced an elderly woman who lack the mental capacity to give him her property before her death. Because larceny by nature is taking another person’s property without consent and victim did not have mental capacity the defendant was guilty.
61
What do you need to know about misplaced items for larceny?
Misplaced items are stolen when suspects takes possession with the intent to keep them for his own. Someone leave something behind significant value and has his name on it then the person can be charged with larceny.
62
What do you need to know about taking property with the intent to return it and claim it reward?
By doing this, it is also larceny.
63
What do you need to know about taking property with the intent to return it and claim it reward?
By doing this, it is also larceny.
64
Explain the element of larceny by false pretense.
The heart of larceny by false pretense is lying to convince a victim to depart with money or property. The false fact must be a key reason for the transaction. For example, promised to perform a task, but never had the intention to carry out the promise.
-lying about use for alone when they ask a friend for money, but never intended to use it for what he said or pay it back.
-lying about alone, where a son stole his nine year old father’s money by writing checks and having him sign it.
65
For larceny by false pretense, what do you need to know about a victims mental disability?
A victims mental disability is relevant, considering inciting whether the representation was false.
66
What are examples of no defenses for larceny?
-The fall statement does not have to be the only reason that the person gave the money your
-the victims naivety or carelessness is no defense for the person saying they got the money or
67
Describe the element of embezzlement for larceny?
Embezzlement is a breach of a relationship of trust in order to permanently deprive the owner of money or property. Generally, the offenders intent to permanently deprive is inferred from his hiding the money.
68
What are the public and police responsibilities for four recovered money, goods or animals?
Procedures for recovery of lost money, goods or animals is covered under chapter 134 section one through seven. It says that a person who finds lost money or goods with the value of three dollars or more or extreme beast who does not know the owner within two days do the following:
-Reported to the police station where the property or item was found
2) place an ad advertisement in the newspaper published within the town. The property was found or.
3) two places within the town if there’s no police station to receive the report.
69
What are the rights of the owner of money property or animals?
The owner of the money property or animal shall receive them back if here she appears within three months after the straight animals found, or within one year after the money or property or found, and pays all reasonable expenses incurred by the Finder.
70
What are the rates of the Finder of money goods or animals?
-The Finder may keep the money, indoor goods if he or she complies with the notification rules and is not contacted by the owner within a year of the find. The finder may sell the stray animal at public auction if he or she is not contact contacted by the owner within three months of the find and provide notice at least four days before the auction and two public places in the town with animal was found.however, the animal is not auctioned and the owner appears within one year finder must give back the animal when the owner pays reasonable expenses. Even if the animal has been sold, the finder must pay the owner of the auction price minus reasonable expenses.
71
Explain how the police is obligated to secure and restore stolen property?
Following the rest of a principal or accomplice to larceny or robbery, an officer must secure the property under the annex schedule of items found, and upon conviction return the property to its owner.
72
Chapter 26
What does Ch 265 s 19 have to do with?
Robbery
73
What are the elements for unarmed robbery chapter 265 section 19?
-The suspect by Force or fear
-theft from a person
74
What’s the rate of arrest or penalty for unarmed robbery?
Right of arrest is felony with the penalty of SP life or any term of of years. However, if the victim is 60 years old or older for a first offense, SP life or any term of years, second or subsequent offense SP, no more than life (mandatory minimum of two years.)
75
What are the elements for armed robbery under Ch 265 s 17?
-weapon. The suspect was armed with a dangerous weapon
-force or fear. By force or
-theft from a person. Took money or property from the victim or his immediate control.
76
What are the elements for armed robbery under Ch 265 s 17?
-weapon. The suspect was armed with a dangerous weapon
-force or fear. By force or
-theft from a person. Took money or property from the victim or his immediate control.
77
What is the right of arrest and penalty for armed robbery?
The right of arrest is felony. Basic offense is SP life or any term of years
While masked. If the offender wore disguise or a mask or had his features artificially distorted, the first defense is SP NLT 5 years, NMT life. 2nd or subsequent offense NLT 10 years, NMT life.
78
What do you need to know about the method of force for an armed robbery?
The victim does not have to resist or be afraid
79
What do you need to know about the method of fear for armed robbery?
Robbery may be completed without force if the victim turns over the property due to an assault.
-what constitute sufficient fear depends on the victims vulnerability
-Fear can exist despite the victims denial that he was afraid
-It is sufficient if the victim is afraid for another
80
What do you need to know about ownership of the property taken? And a armed robbery?
Protective concern, not ownership, is required. The victim doesn’t own the money, but they have a protective concern towards it like they’re watching somebody’s house or belongings they would have protective concern.
81
What do you need to know about weapons for armed robberies?
-deceptive weapons device would qualify for armed robbery. For example, a fake gun.
-claim of unseen weapon may be sufficient. The victim may take their offender at his word that he had one if he claimed to have one.
-Victim not be aware of the weapon be charged with armor if he had one on him when he was caught
82
Explain victim superior weapon does not preclude armed robbery charges.
In the case, where suspect 10 a knife in the victim had a gun, the suspect will still be charged with an arm robbery
83
Chapter 27 Specialized larceny
What does Ch 266 s 25 have to do with?
Larceny from the person
84
Explain the elements of Larceny From the Person Ch 266 s 25
-Take. The suspect took and carried away.
-Money or property
-Person or control. From a person or from that person’s immediate
-Intent. With the intent to permanently deprive the person.
85
What is the right of arrest and penalty for Larceny From a Person?
Rid of arrest is a felony. Penalty SP NMT 5 years or HC NMT 2 1/2 years.
86
What are some notes about Larceny from the Person?
-The offender must steal, without force or fear, property from the victim or from an area within their immediate control.
-the big difference between unarmed Robbery and Larceny from a person is that Robbery involves force or fear Larceny does not
-pick pocketing verse per snatching larceny from a person even if the victim learns what is happening is the larceny because no intimidation is involved. On the other hand, snatching is regarded as robbery.
-the value of the property is irrelevant. Value of the property stolen does not affect an officer’s right of arrest.
87
Explain the elements of Larceny From a Building under Ch 266 s 20.
-Take. The suspect took and carried away property.
-Building. From a building, ship, vessel, or railroad car and.
-Property of another
-Intent. The suspect did so with the intent to permanently deprive. ** The difference is from larceny from building versus a person ,There is no property value necessary, and it is not in the control of a person. *
88
Explain the two types of elements of larceny by check under chapter 266 section 37.
Type 1) attempted larceny by check in which the suspect with intent to defraud wrote, cash, or uttered any check or order for payment.
-to a bank or other financial
-with the knowledge that there were insufficient funds
2) actual larceny by check in the suspect obtained money or property or services.
89
What is the right of arrest for attempted larceny by check in any amount?
A complaint
90
What is the right of arrest for actual larceny by check $250 or under or $250 or over?
Actual larceny by check 250 and under is a complaint.
-actual larceny by check over $250 under 265 section 30 is a warrantless arrest on probable cause.
91
What is the right of arrest for actual larceny by check $250 or under or $250 or over?
Actual larceny by check 250 and under is a complaint.
-actual larceny by check over $250 under 265 section 30 is a warrantless arrest on probable cause.
92
Explain credit or debit card offenses under 266 Section 37A through C.
Credit or debit card crimes fall into four major categories:
1) crimes committed by non-card holders prior to any actual use
2) crimes involving fraudulent use
3) crimes committed by valid card holders
4) and merchant legalities.
93
Explain credit or debit cards.
Any instrument or device or code number whether known as a credit or debit card or buy another name issued by a user with or without fee for the use of the card holder in obtaining money, goods, services, or any other value on credit or debit.
94
Explain what falsely embosses means?
The completion of a credit or debit card without the authorization of the named user by adding any of the matter other than the signature of the cardholder, which an issuer requires to appear on the card before it can be used.
95
Explain receives or receiving for credit or debit card offenses?
Acquiring possession or controlling or accepting as security for a loan
96
What do you need to know about crimes by non-card holders prior to any actual use of cards?
If you lie to get a card by lying on the application, it is a misdemeanor. No person may lie about his identity or financial condition on a card application.
97
Explain stealing a card
No individual may take a card from a person, possession, custody or control of another without the card holders consent under section 37B. Also may charge larceny 266 section 30.(1).
98
Explain stealing a card
No individual may take a card from a person, possession, custody or control of another without the card holders consent under section 37B. Also may charge larceny 266 section 30.(1).
99
What do you need to know about buying a credit card illegally?
It is illegal for a person to buy a card from another person other than the issue or someone authorized by the issuer. If the person buys a card which he knows is stolen, he can be charge with this offense or receiving stolen property under 266 section 60.
100
What do you need to know about possessing or receiving a stolen, lost, mislaid, or mistakenly delivered card?
A person may not possess a stolen card lost mislaid or mistakenly delivered card. Period Norma person Cell receive or give anyone of these cards to someone other than the card holder. The government must prove the suspect of the card was stolen or lost, etc. The possession of a card and someone else’s name with the true cardholder signature allows the factfinder to infer the suspect knowledge.knowledge is presumed if the suspect is found in possession of the card in the name of four or more other persons.
101
What do you need to know about possessing an incomplete credit card?
A person may not be in possession of one or more “incomplete” cards. A card is “incomplete” if it has not been embossed with the card holder information. Someone with an incomplete card is typically involved in serious fraud under section 37C which is a felony.
102
What do you need to know about possessing an incomplete credit card?
A person may not be in possession of one or more “incomplete” cards. A card is “incomplete” if it has not been embossed with the card holder information. Someone with an incomplete card is typically involved in serious fraud under section 37C which is a felony.
103
What do you need to know about possessing four or more falsely embossed cards?
A person found in possession of four or more falsely and Boston is presumed to have falsely embossed them and be charged under section 37C which is a felony.
104
What do you need to know about crimes involving the fraudulent use of credit cards?
A person may never without consent of the cardholder represent that he is the cardholder and obtain anything of value. Norma, a person represent that he is the holder of the card which has not been issued obtain anything for value. For value received that is 1200 or under under section 37B it’s a misdemeanorfor any value over $1200 under section 37C is a felony.
105
What do you need to know about a person using an illegally bought card?
The person may not use or attempt to use a card that was bought from any one other than the issuer. For value received that is $1200 or under under 37B is a misdemeanor for values over $1200 or more under section 37C is a felony.
106
Explain receiving anything a value with an improper credit card or by false representation?
This offense penalizes a person who receives anything of value, whether or not he or she actually use the card, that was obtained with a stolen mislaid mistakenly delivered or illegally bought or sold expired or revoked card. Additionally, a person may not falsely represent that he or she is a card holder. For values that is 1200 or under 37B misdemeanor. For value over $1200 Section 37C is a felony.
107
Explain receiving anything a value with an improper credit card or by false representation?
This offense penalizes a person who receives anything of value, whether or not he or she actually use the card, that was obtained with a stolen mislaid mistakenly delivered or illegally bought or sold expired or revoked card. Additionally, a person may not falsely represent that he or she is a card holder. For values that is 1200 or under 37B misdemeanor. For value over $1200 Section 37C is a felony.
108
When are you always allowed to arrest for credit card or debit card offenses?
Always if the police are present during the crime, they may arrest. Everything else is a complaint.
109
What do you need to know about misrepresentation of card ownership?
Misrepresentation of card ownership is insufficient proof without the owners testimony or some other proof. You may not charge them with this. Each card owner must testify that the charges were unauthorized. A child who uses his parents card without permission may also be charged.
110
What do you need to know about identity fraud?
Identity fraud is a lesser included offense.
111
What do you need to know about out-of-state offenders?
Out of state offenders may be convicted in Massachusetts if he or she failed to obtain consent from the card holder here in Massachusetts. In commonwealth versus Thompson the defendant used two Massachusetts victims credit cards in New Hampshire to make purchases online and had the good sent to the address in New Hampshire. She could be charged with and convicted of credit card fraud for Massachusetts because that’s where she violated. The person violated her duty to obtain consent from the card holders to use the card and it is where the victim suffered the detrimental effects of her conduct.
112
What are the two types of identity fraud under chapter 266 section 37E?
Type one: posing as another without authorization.
Type two: possessing tool to access account.
113
What are the elements for type? One identity fraud posing as another without authorization?
The suspect
-Posed as another person or obtain the identity information of another
-unauthorized. Without that person’s authorization.
-Fraudulent intent. The suspect did so for the fraudulent purpose of:
-obtaining or attempting to obtain money, credit, goods, services, or anything of value
-Obtaining or attempting to obtain any ID or other evidence that this person’s identity or
-Harassing another
114
What is type two elements of identity fraud, possessing tools to access accounts?
Possessed. Possessed a tool, instrument, or other article adapted, designed or commonly used for accessing a person
-Financial service account number, -savings account or checking or brokerage, credit card, debit card account numbers
-Automated teller machine numbers
-Pine
-mothers maiden name
-Computer password
-Electronic signature
-unique, biometric data that is a fingerprint, voice, print, retinal, image, or iris image of
-Intent to steal. With intent to commit larceny or with knowledge that another person intends to use that information to commit larceny.
115
What is the right of arrest for identity for fraud?
Under 266 Section 37E it is a warrantless arrest on probable cause.
116
How does identity fraud chapter 266 section 37E define harass?
Maliciously engaged in an act directed at a specific person or person that would cause a reasonable person to suffer, substantial emotional distress.
117
How does identity fraud chapter 266 section 37E define harass?
Maliciously engaged in an act directed at a specific person or person that would cause a reasonable person to suffer, substantial emotional distress.
118
What is the definition of personal identifying information?
Any name or number used, alone or in conjunction with other information, to assume another person’s identity, including any name, address, phone number, drivers license, Social Security number, workplace, employee ID, mothers, maiden, name, bank, account, or credit card number, or computer password
119
What is the definition of personal identifying information?
Any name or number used, alone or in conjunction with other information, to assume another person’s identity, including any name, address, phone number, drivers license, Social Security number, workplace, employee ID, mothers, maiden, name, bank, account, or credit card number, or computer password
120
What is the definition of pose?
To falsely represent themselves, directly or indirectly, as another person.
121
What is the definition of pose?
To falsely represent themselves, directly or indirectly, as another person.
122
What do you need to know about mandatory police report and jurisdiction?
A police officer shall accept a victims report and provide a written incident report if requested within 24 hours. Broad jurisdiction to receive the report is where victims may file the report in any county where they reside or where the owner of the license holder maintains their personal information or place of business, or where the breach of security occurred And hole or in part. The reason for this is a person cannot get their money back from the credit card if they said someone else use the card without a police report.
123
What is important to know about identity fraud, and charging a suspect with it?
Evidence must show that the suspect impersonated someone without authorization. If there’s no evidence that the suspect did so without authorization, they can’t be charged under this chapter and Section.
124
Explain the elements for obtaining computer services by fraud under chapter 266 section 33A.
-Fraudulently obtain or object attempt to obtain
-computer service (meaning any use or access to computer systems programs or networks provided for monetary compensation)
-Various methods:
-False representation
-unauthorized charging to the account of
-Installing or tampering with any facilities or equipment
-any other means
125
What is the rate of arrest for obtaining computer services by fraud?
A complaint only.
126
Explain Destruction of property statute applies to computer records under obtaining computer services by fraud?
Chapter 266 section 127 now states that “the words personal property shall also include electronically processed or store data, either tangible or intangible, and data while in transit” thus viruses and other computer mischief can be prosecuted as malicious or destruction of property.
127
What are the elements for unauthorized access to computers under chapter 266 s 120 F?
-The suspect may not without authorization knowingly access to computer by any means
-After gaining access to the computer by any means, and knowing that such access is not authorized, fail to terminate access. The requirement of a password or other authentication to gain access shall constitute notice that access is limited to authorized users.
128
What are the elements for unauthorized access to computers under chapter 266 s 120 F?
-The suspect may not without authorization knowingly access to computer by any means
-After gaining access to the computer by any means, and knowing that such access is not authorized, fail to terminate access. The requirement of a password or other authentication to gain access shall constitute notice that access is limited to authorized users.
129
What is the rate of arrest for unauthorized access to computers?
A complaint. Also know that each login to another account is a separate charge.
130
What are other forms of larceny?
Counterfeit merchandise or services, false representation of military status, fiduciary, embezzlement, money laundering.
131
What are the elements for counterfeit merchandise or services?
The suspect, willfully manufactured and used, displayed, advertise, distributed, or possessed with intent, intent to distribute
-any item or service bearing or identified by a “counterfeit mark”. For example, indications that defendant possessed counterfeit CDs for sale included price, labels, cellophane, packaging, shipment, boxes, customer list, emerge, and dice variety.
132
What are two types of false representation of military status?
Type 1: Active Member or veteran
Type 2: Medal
133
What are two types of false representation of military status?
Type 1: Active Member or veteran
Type 2: Medal
134
Explain the elements for type one false representation of military status for active member or veteran?
1) the suspect knowingly fraudulently represents selling, manufacturing, or using military gear, ID or un
2) that he or she is an active member or veteran of the United States military and
3) obtain money, property, or tangible benefits from the fraudulent representation.
135
What are the elements for Type 2 under false representation of military status?
The suspect
-knowingly fraudulently represents that he, or she received the congressional medal of honor, distinguished service, cross, Navy Cross, Air Force, cross, Silverstar, purpleheart, combat, infantry badge, combat, action, badge, combat, medical badge, combat, action, ribbon, or Air Force combat action, metal, and
-Obtain money, property or tangible, tangible benefits from fraudulent representation
The right of arrest is arrest for breach of the peace and presence otherwise it is a complaint.
136
What are the elements for Type 2 under false representation of military status?
The suspect
-knowingly fraudulently represents that he, or she received the congressional medal of honor, distinguished service, cross, Navy Cross, Air Force, cross, Silverstar, purpleheart, combat, infantry badge, combat, action, badge, combat, medical badge, combat, action, ribbon, or Air Force combat action, metal, and
-Obtain money, property or tangible, tangible benefits from fraudulent representation
The right of arrest is arrest for breach of the peace and presence otherwise it is a complaint.
137
What is the definition of fiduciary embezzlement under chapter 266 section 57?
A fiduciary is a legally recognized individual who must act responsibly for the benefit of another.
138
What is the definition of fiduciary embezzlement under chapter 266 section 57?
A fiduciary is a legally recognized individual who must act responsibly for the benefit of another.
139
What are the elements for fiduciary embezzlement?
1) the fiduciary was a guardian, conservator, trustee, executor, or administrator and
2) fraudulently divert
3) money, goods, or property possess from the benefit of a person, public organization, or charity. The right of arrest is a felony.
140
What are the elements for fiduciary embezzlement?
1) the fiduciary was a guardian, conservator, trustee, executor, or administrator and
2) fraudulently divert
3) money, goods, or property possess from the benefit of a person, public organization, or charity. The right of arrest is a felony.
141
What is the difference between embezzlement and fiduciary embezzlement?
Fiduciary embezzlement does not require an intent to permanently deprive.
142
What are the three types of money laundering under chapter 267A s 2?
Type one: transport or possess
Type two: transaction or conceal
Type three: manage
143
Under money laundering Explain type one element of transport or possess ?
The suspect:
-knowingly, transported or possessed money or property derived from criminal activity
-with the intent to facilitate criminal activity
144
Under money laundering Explain type one element of transport or possess ?
The suspect:
-knowingly, transported or possessed money or property derived from criminal activity
-with the intent to facilitate criminal activity
145
Under under money, laundering explain the elements for Type 2 transaction to conceal?
The suspect:
-Engaged in a transaction involving money or property known to be derived from criminal
-to facilitate criminal activity or conceal the nature, location, or ownership of property or avoid monetary report required by federal law under the currency and foreign transaction act
146
Under under money, laundering explain the elements for Type 2 transaction to conceal?
The suspect:
-Engaged in a transaction involving money or property known to be derived from criminal
-to facilitate criminal activity or conceal the nature, location, or ownership of property or avoid monetary report required by federal law under the currency and foreign transaction act
147
Under money, laundering explain the elements for Type 3: Manage
The suspect:
-Directed, finance, planned, manage or controlled
-The transport or transactions in, monetary instruments or property
-Known or reasonably believed to be derived from criminal activity
148
What is the right of arrest for money laundering?
Felony
149
Under chapter 28 for shoplifting, what are the elements for basic shoplifting under 266 section 30 a?
-intentional. The suspect intentionally.
-Take. Took, carried away, transferred, or caused to be carried away or transferred.
-conceal. Concealed upon his person or otherwise.
-Manipulate price tag. Altered, transferred, or removed price tags and attempted to purchase loan or in concert with another for less than the full retail value,
-Switch containers. Transfer from one container to any other container.
-ring up false price. Recorded less than the actual retail value.
-remove shopping cart. Removed a cart from premises without merchants consent.
Intent to deprive. And as a result intended to deprive the merchant of all or some part of the retail value of the merchandise or to permanently take a shopping cart.
150
What is the right of arrest for shoplifting?
Warrantless arrest upon probable cause for all violations.
***Under section 30Aa merchant or employees state statements constitute probable cause.***
151
What are charging issues for shoplifting?
-police may only charge shoplifting if retail value is less than $250
-Shoplifting is larceny from a building
-If force or fear is used, shoplifting becomes robbery.
152
What are charging issues for shoplifting?
-police may only charge shoplifting if retail value is less than $250
-Shoplifting is larceny from a building
-If force or fear is used, shoplifting becomes robbery.
153
What do you need to know about venue for shoplifting?
-any court having jurisdiction over at least one shoplifting event may hear other related cases, even though it’s in a different jurisdiction.
154
What do you need to know about civil liability for merchants reporting shoplifting?
Merchants are protected against civil liability, if they have reasonably detained a suspect shoplifter on their premises and is a pending the arrival of the police.
155
What’s a good thing to do for shoplifting investigations?
Always ask questions if the suspect came with anyone, how did they get to the store, where did they park their car? The goal is to learn about any potential additional suspects, a vehicle or accomplices who may still be in the area. Once an officer locates a vehicle they can tip typically, employ one of the three search options to search the vehicle:
-motor vehicle exception,
-consent, or
-inventory to search the shoplifters vehicle.
156
What is aggravated shoplifting?
Three types
1) theft of a device,
2) return receipt, or
3) organized crime.
157
What are the elements of Type 1 Theft Device for aggravated shoplifting?
Chapter 266 section 30B for theft detection devices are devices such as electronic or magnetic detectors are applied to merchandise to expose shoplifters. It is illegal to intentionally intentionally possess, manufacture, or distribute a tool or device to deactivate or remove a theft detection device or a TD. It’s also illegal to remove a TD with the intent to steal the merchandise.
158
What is a theft shielding device under type one aggravated shoplifting?
Theft, shielding devices or items such as laminated or coated bags, intended to shield merchandise from theft detectors. It is illegal to intentionally manufacture or distribute a TS or possess a TS with the intent to commit or aid a theft.
159
What is a theft shielding device under type one aggravated shoplifting?
Theft, shielding devices or items such as laminated or coated bags, intended to shield merchandise from theft detectors. It is illegal to intentionally manufacture or distribute a TS or possess a TS with the intent to commit or aid a theft.
160
Under aggravated shoplifting what are the type two elements for return receipt under ch 266 s 30C?
-with the intent to cheat or defraud a retailer
-The suspect possessed, uttered, altered, or reproduced a receipt, price ticket, or universal product code label.
161
What are the elements under the Type 3 organized crime elements for aggravated shoplifter 266 section 30 D?
-While acting in concert with two or more people within 180 day period
-The suspect stole, embezzled, or obtain by fraud retail merchandise worth over $2500 in order to resell the merchandise.
162
What is the rate of arrest for all three types of aggravated shoplifting?
All three offenses are a felony
163
What is the rate of arrest for all three types of aggravated shoplifting?
All three offenses are a felony
164
Under chapter 29 receiving stolen property, what are the elements for chapter 266 section 60 receiving stolen property?
-stolen or fraudulently obtained. The suspect possessed property that was originally stolen, embezzled, or obtained by fraudulently, pretending to be a legitimate business.
-knowledge. The suspect the property was stolen or fraudulently obtained, and.
-Possession. The suspect bought, received, possessed, or aided in its concealment.
165
What is the right of arrest for receiving stolen property?
-value of goods received over $250 or second offense, regardless of value under chapter 266 section 60. It is a warrantless arrest on probable cause. If goods value less than $250, it’s a complaint and confiscate the stolen property.
166
What do you need to know about element one for receiving stolen property?
There must be proof that the property was stolen. No need to prove the identity of the owner. Must only prove the property was stolen from someone.
-No need to prove identity or thief. It’s unnecessary to show who the actual thief was that the suspect received the goods from.
-the origin of the property is irrelevant. Whether the property was a Massachusetts or another state is irrelevant. As long as the suspect knowingly received stolen goods in the commonwealth he can be charged
-The exemption to proof that property was stolen are police stings. The police may conduct a staying with undercover officers or information in which they tell the suspect that he is getting stolen property.
167
What do you need to know about element to the suspect must know or believe that the property was stolen?
The suspect’s negligent failure to inquire about the source of the goods is not enough
-however, the suspect later knowledge is sufficient. Even if the suspect did not know, the property was stolen at the time he received it, he’s guilty if he said, subsequently learned this and still decides to keep the property.
168
What are some common sense factors that prove the suspect knew the property was stolen?
-caring goods in a suspicious manner
-Unrealistically low price paid for goods
-Cash payment required
-the markings of price tags, etc. indicate true ownership of the goods
-Location for transfer, type of seller, and or storage of goods is inconsistent with the legitimate sale
-Suspects prior, fencing, activities, or of dealing with the
-inplausible explanation where the goods were for example found in the Alley
-Possession of many stolen items
-Failure to keep records in the ordinary course of business or possess receipts
-Possession of recently stolen property
-Suspect
-Fleeing the scene and discarding the items
169
What do you need to know about element three received, by, or concealed the property?
The suspect does not have to personally benefit
-The value of the stolen property determines the right of arrest and potential punishment
-One may not be convicted of stealing and receiving the same goods
-However, one may be convicted of receiving goods, even though the evidence would have proven larceny.
170
In chapter 30 forgery, uttering, and counterfeit Ring, what are the elements for forgery under Ch 267 s 1?
-Knowingly. The suspect within intent to injure or defraud, knowingly.
-Altar. Made, altered, or for
-Legal document. A document or record of parent legal significance.
171
What is the right of arrest for forgery?
Felony of SP NMT 10 years or HC NMT2 years
172
What are the elements of uttering under Ch 267 section 5?
-knowingly. The suspect within intend to injure or defraud, knowingly.
-offer. Uttered and published as true.
-Forged document. A forged or altered document or record of a legal significance.
173
What is the right of arrest for uttering?
It is a felony SP NMT 10 years or HC space NMT 2 years.
174
And what three ways are forges typically committed?
1) produce a phony legal document that appears to be genu
2) falsely make out part of a genuine document for example: by forging a signature on a check
3) significantly alter part of a genuine document for example by adding a zero so the check pays $1000 instead of $100.
175
What is the definition of muniment?
It is a document of ownership or property. A muniment is defined as “documentary evidence by which one can defend title to property or claim to rights”.
176
What are some documents that are subject to forgery and uttering?
Record or document of any public officer to include town clerk, notary republic, Justice of the peace that “may be received as legal proof”
-Deed
-Will
-Insurance policy
-Power of attorney
-Promissory note
-Check, money, order, credit card, or travelers checks
-Certificate of title, certificate, or endorsement on a bill of exchange
-any evidence or monument of title to
177
Explain, intent to defraud?
Altering a document alone is not forgery unless done with a specific intent to defraud.
178
What are some things you need to prove intent to defraud?
-typically, the victim must testify that the forgery was unauthorized
-it’s still possible to prove for without the victim testimony although not preferable
-The intent to any person or institution is sufficient
-No person or institution has to be deceived
179
What is the bank procedure for a forged check?
A customer who makes a timely complaint that the check drawn on his account was not authorized is entitled to have the bank recredit the account for the entire amount of the stolen or forged check. However, the procedure that the customer must follow before the account is credited they must go to the local police department.the police report needs to be filed with the bank. The customer returns to the bank and signs an affidavit of forgery, certifying that the customer did not sign the check and that it was unauthorized. The bank credit account is.
180
What does uttering mean?
Uttering means fraudulently, offering a forged document as genuine. The offender must know that he presented a forge document, although he does not have to know the specific way in which it was forged.
181
What is not considered uttering?
It is not uttering to knowingly cash a check for insufficient funds. Instead charge larceny by check under chapter 266 section 37 only.
182
Explain the claim of right is not a defense for uttering?
A suspects belief that he is owed money is no excuse to forge and a check. It is a 10 year felony for every instance of A 4 check.
183
Is it OK to charge a person with forgery and uttering?
Convictions for forgery and uttering are possible. Frequently it is proper to charge both forgery and uttering based on a single document. They forged them then they utter them.
184
Is it OK to charge a person with forgery and uttering?
Convictions for forgery and uttering are possible. Frequently it is proper to charge both forgery and uttering based on a single document. They forged them then they utter them.
185
In chapter 31 burglary and B&E, what is the purpose of various breaking and entering statutes?
The purpose of various breaking and entering statutes is to prohibit conduct which violates a persons right to security and places that they own or control. Each offense requires that the offender unlawfully enter some area under the control of another. Beyond that the severity of the offense depends on other factors.
186
What are three factors that be and ease depend on?
1) nature of the place entered
2) the purpose of the offender for coming inside and
3) the time of the offense
187
What are three factors that be and ease depend on?
1) nature of the place entered
2) the purpose of the offender for coming inside and
3) the time of the offense
188
What are the five key elements for breaking and entering?
1) breaking
2) entry
3) property of another
4) intent
5) time of the offense
** by learning how the law defines each element, offices, will be able to analyze a given situation and imply the appropriate statute***
189
Describe the element of breaking
-The suspect commits a “break“ by physically engaging in any act designed to enter.
-this includes moving anything that bars the way into a building or vehicle
-inserting a key into a lock is a break
-entry through an opening, not intended as an entrance is a break
-however, going through an obstructed entrance, such as a door that is open, not a break.
190
What happens if an accomplice lets in a person?
The suspect also commits a break if an accomplice lets him in, or if you convinces an instant person by trick or threat to allow him to enter.
-if the suspect tricks a person, his lie was the break
-If he threatens a person, the threat is considered the break
191
Describe the element of entry
“Entry” is the unlawful making of one’s way into a building or a vehicle
-entry occurs if any part of the suspects body(a hand or foot) physically enters the interior space of a building or a vehicle
-entry also occurs if an instrument, which is used to commit the intended felony, physically enters the interior of the building or vehicle. For example, commonwealth versus COTTO William Cotto through a bottle of glass into his enemies apartment to his brother shooting. The soul evidence of the entry was the bottle thrown through the broken window. since the device was being used to commit the intended felony The court found the entry along with the obvious breaking as breaking and
-on the other hand, if the instrument which crosses the threshold is only used to accomplish a break, there is no entry. The strongest crime would be attempted B & E.
192
Describe the element of entry
“Entry” is the unlawful making of one’s way into a building or a vehicle
-entry occurs if any part of the suspects body(a hand or foot) physically enters the interior space of a building or a vehicle
-entry also occurs if an instrument, which is used to commit the intended felony, physically enters the interior of the building or vehicle. For example, commonwealth versus COTTO William Cotto through a bottle of glass into his enemies apartment to his brother shooting. The soul evidence of the entry was the bottle thrown through the broken window. since the device was being used to commit the intended felony The court found the entry along with the obvious breaking as breaking and
-on the other hand, if the instrument which crosses the threshold is only used to accomplish a break, there is no entry. The strongest crime would be attempted B & E.
193
What do you need to know about the crime of B and E?
The term BNE implies the break in entry typically happens simultaneously. However, they may be separated by a period of time.
194
Officers rely on circumstantial evidence to prove B&E cases what are some examples of this?
Fingerprints, footprints, or DNA may prove B&E
-GPS may prove B&E
195
Officers rely on circumstantial evidence to prove B&E cases what are some examples of this?
Fingerprints, footprints, or DNA may prove B&E
-GPS may prove B&E
196
Explain the element of property belonging to another
-The type of property entered is an important component of the offense. Most serious violations involve homes which are normally known as dwellings. As citizens, we are least tolerant of invasions into our living space. Violations may occur in less private areas, such as buildings or vehicles.
The definition of a dwelling is a place where people live. -an unoccupied apartment is a dwelling when tenants have the right to move in
-A secure common hallway may be part of a dwelling
-Even if it is not a dwelling, a hallway is still inside of the building
-Houses are considered part of a dwelling
-Occupied motel room is also a dwell
-separate apartments within a multi unit building count as separate dwellings.
197
Explain the element of property belonging to another
-The type of property entered is an important component of the offense. Most serious violations involve homes which are normally known as dwellings. As citizens, we are least tolerant of invasions into our living space. Violations may occur in less private areas, such as buildings or vehicles.
The definition of a dwelling is a place where people live. -an unoccupied apartment is a dwelling when tenants have the right to move in
-A secure common hallway may be part of a dwelling
-Even if it is not a dwelling, a hallway is still inside of the building
-Houses are considered part of a dwelling
-Occupied motel room is also a dwell
-separate apartments within a multi unit building count as separate dwellings.
198
What are some things that you need to know about dwellings?
-People have an expanded right of self-defense and dwellings
-Aside from my dwelling, statues, protect buildings, vehicles, and vessels
-A structure without a roof may still be a building
-Property must “belong to another” but the owners identity need not be shown. You just have to prove that the suspect doesn’t belong there.
-suspects must have no “right of occupancy” at the time of entry.
199
In cases regarding spouses or partners what do you need to know about bees?
In cases regarding spouses or partners, the issue usually arises in the case lodge against a former spouse or partner if they actually live there. You got to consider the following factors to determine whether the suspect had a right to enter or not before you can charge:
-Marital status of the parties
-The existence of any legal orders
-Extended periods of
-The name on the lease, rental agreement or
-The method to gain
-any acknowledgment by the suspect that he should not have entered.
200
Explain the element of intent?
Just as the type of place effect, the seriousness of the offense, so too does the suspects purpose at the time of unlawful entry.
201
What do you need to know about proof of an intent to commit a felony inside a home or a building?
-Clearly in offenders, felonious intent is shown when he actually commits a felony inside for example hits a victim with a weapon inside her own home
-intent may be demonstrated by the offenders behavior leading up to the incident. For example, he threatened to hurt a person the threat demonstrated his felonious intent.
-Unless there is contrary evidence when a person enters a home or a building, at any time of day or night, the law presumes that he intends to steal something
202
Explain the element of time
-Time of the offense is important. Nighttime offenders and homes are the most threatening because of the likelihood they would encounter occupants who may be asleep.
-Under 278 section 10 nighttime occurs one hour after sunset to one hour before sunrise on the next day
203
What is the definition of nighttime?
One hour after sunset to one hour before sunrise the next day
204
What are the elements of aggravated burglary under 266 section 14?
-B&E The suspect breaks and enters with the intent to a commit a felon.
-Enters with intent to commit a felony and then breaks into
-A dwelling
-Nigh
-occupied by someone
-weapon or assault. The suspect:
-arms himself with a dangerous weapon before going into or while inside the dwelling
-assault a lawful occupant inside
205
What are the elements of aggravated burglary under 266 section 14?
-B&E The suspect breaks and enters with the intent to a commit a felon.
-Enters with intent to commit a felony and then breaks into
-A dwelling
-Nigh
-occupied by someone
-weapon or assault. The suspect:
-arms himself with a dangerous weapon before going into or while inside the dwelling
-assault a lawful occupant inside
206
What is the rate of arrest for aggravated burglary?
A felony 10 years to life
207
What are the elements of burglary?
B&E
-Break and enters with intent to commit
-Enters with intent to commit a felony and then break
-A dwell
-In th
-No weapon or assault. The suspect.:
-Is not armed with a dangerous weapon in the house
-Does not assault a lawful occupant?
208
What is the right of arrest for burglary?
It’s a felony. No more than 20 years.
209
What is the difference between burglary and aggravated burglary?
-Burglary and aggravated burglary are the same except aggravated burglary requires:
-An occupant inside the dwelling during the course of the burglary victim does not have to be present in the home at the time the suspect enters as long as the victim enters while the suspect is still there
-Possession of a weapon, whether he uses it or not
210
What do you need to know about the charges of breaking and entering
-Can only have one conviction despite assault on multiple
-only one burglary per per dwelling, despite multiple breaks during the same episode
-A defendant may be charged with multiple attempts on the same dwelling. And a single night the defending position ladder removed the outer screen and smash glass was unable to get in a different door was unable to get in, and could never get in. Each independent act was a separate charge of attempted burglary.
211
What are the elements of home invasion for 265 section 18 C?
Enter. The suspect knowingly enters the dwelling place of another.
-Aware of occupants:
Wow, knowing or having reason to know that one or more persons are
-entering without the knowledge, but when they find out, there’s someone there remain inside and there is one more person
-Armed, armed with a dangerous weapon
-Threatened occupants. The suspect.:
-Used force, or threatened the imminent use of force upon any persons in the dwelling, regardless of whether injury occurred
-Intentionally caused any injury to a person in that dwelling
212
What are the elements of home invasion for 265 section 18 C?
Enter. The suspect knowingly enters the dwelling place of another.
-Aware of occupants:
Wow, knowing or having reason to know that one or more persons are
-entering without the knowledge, but when they find out, there’s someone there remain inside and there is one more person
-Armed, armed with a dangerous weapon
-Threatened occupants. The suspect.:
-Used force, or threatened the imminent use of force upon any persons in the dwelling, regardless of whether injury occurred
-Intentionally caused any injury to a person in that dwelling
213
What is the rate of arrest for a home invasion?
Felony no less than 20 years no more than life
214
What is the rate of arrest for a home invasion?
Felony no less than 20 years no more than life
215
What is the difference between burglary and home invasion?
Unlike burglary, home invasion does not require a break, nighttime entry, or a felonious intent. These elements are all an necessary become because a home invasion injures or scares occupants. That is why it could be any time of the day no intent needed, and they already are armed with a weapon.
216
What do you need to know about the home invasion offender?
-Must be armed before entry
-Must use a “innocent object” as a weapon
-Does not enter with consent if the occupants were unaware that the defendant was armed, or was aware that he was armed, but unaware, he intended to commit a crime.
-May not claim self-defense when an occupant uses force to repel him.
217
What do you need to know about the occupant or victim during the home invasion?
-they must be threatened, but does not have to be afraid
-Does not need to be lawfully present
-The resident or victim may enter after the offender and they can still be charged
218
What do you need to know about the occupant or victim during the home invasion?
-they must be threatened, but does not have to be afraid
-Does not need to be lawfully present
-The resident or victim may enter after the offender and they can still be charged
219
What are the two types of B&E with intent to commit a felony under 266 section 16?
Type 1: B & E nighttime
Type 2: breaking depository
220
What are the elements of Type 1 B&E with intent to commit a felony?
The suspect brakes and enters:
-A building, ship, vessel, or vehicle
-In the nighttime
-with intent to commit a felony
221
What is type two elements of BNE with intent to commit a felony?
Type 2: breaking depository
-The suspect attempts or succeeds in breaking, burning, blowing up, or otherwise injuring
-A depository of money or other valuables
-with intent to commit a larceny or felony
222
What is the right of arrest for BNE with intent to commit felony?
Felony SP NMT 20 years or HC NMT 2 1/2 years
223
What’s the difference between type one B&E any night time and type two breaking depository?
Breaking into a depository, the intent is to commit either a larceny or a felony. Don’t need to prove that the stuff to be stolen is a certain amount of money. the other difference is building ship vessel or vehicle versus a depository of money or valuables
224
What do you think of for proof of intent to commit a felony during a vehicle break?
The old way you would charge it a type one being in the nighttime. The new way is to Charge type to breaking a depository because you don’t need to know how much money something is worth if you steal it from a vehicle.
A vehicle is a depository. And you could steal anything regardless of the amount of money from a vehicle to be charged with type two one you have to prove it over a certain amount of money before you could charge time.
225
What are the elements of B&E with intent to commit misdemeanor chapter 266 section 16A?
-B&E
-Day or night
-Building, vessel, vehicle
-intent to commit a misdemeanor. Intends to steal anything A value in a building
226
What are the elements of entering building/motor vehicle without break at night, (aggravated B&E daytime) Ch 266 s 17?
-The suspect:
-Enters without breaking in the night
-Breaks and enters in the daytime
-Building vessel or
-with the intent to commit a felony and
-fear. The owner or any other person lawfully inside is “put in fear”
227
What is the rate of arrest for aggravated B&E daytime?
Felony right of arrest no more than 10 years or HC NMT 2 1/2 years if armed with any gun mandatory minimum SP 7 years or HC 2 years.
228
What is the rate of arrest for aggravated B&E daytime?
Felony right of arrest no more than 10 years or HC NMT 2 1/2 years if armed with any gun mandatory minimum SP 7 years or HC 2 years.
229
What are the elements of Entering Dwelling Without Break at Night /B & E daytime Ch 266 s 18?
The suspect:
-Enters a dwelling without breaking
-or breaks and enters in the daytime
-Building vessel
-Intent to commit a felony
-no fear. There’s no person lawfully inside to put in fear.
230
What are the elements of Entering Dwelling Without Break at Night /B & E daytime Ch 266 s 18?
The suspect:
-Enters a dwelling without breaking
-or breaks and enters in the daytime
-Building vessel
-Intent to commit a felony
-no fear. There’s no person lawfully inside to put in fear.
231
What is the summary of possession of burglarious tools Ch 266 s 49?
The essence of the defense is the possession of a tool for the specific purpose of breaking into a depository to steal or commit some other crime.
232
What are the elements of possession of burglarious tools?
-Suspect knowingly possesses
-A tool. A tool, machine, or motor vehicle master key
-Designed to break depositories. Designed to cut through or break open a building, room, vault, motor vehicle, or other depository.
-Intent to break and commit crime. Which the suspect possessed with the intent to break into a depository or allow someone else to for the purpose of stealing or committing any other crime.
233
What is the rate of arrest for a possession of burglarious tools?
Felony SP NMT 10 years or HC NMT 2 1/2 years and fine NMT $1000
234
What are some things you should know about possession of burglarious tools?
Possession may be direct or constructive. Passenger stolen car had constructive possession of syringes, a map of the area, disguises, and several tools and including a dent puller.
-more than one offender may possess the same tool joint from burglary, supported and inference that the defendants jointly possessed tire iron even though only one of them actually car
-ordinary tool may qualify, for example screwdriver, chisels, kitchen knives, maybe burglarious tools
-Tool must be capable of breaking into a deposit
-tools must be man-made. They cannot be rocks or piece of wood unless it was duct tape to make a tool.
-Two must be possessed for the purpose of breaking into the depository and committing a crime inside.
235
Under chapter 32 trespass, what are the elements of trespass after notice chapter 266 section 120?
-enter or stay without right. Suspect entered or remained without right
-property of another. Dwelling building boat improved or enclosed land, wharf, school bus of another.
-notice. Even though a person would lawful control had forbidden the suspect
-Direct
-with a posted
-through 209 order
236
What is the rate of arrest for trespass after notice?
Warrantless arrest in the presence.
237
What do you need to know about enter or stay without right?
Suspect must either enter without permission or failed to leave after being told to do so.
238
What do you need to know about enter or stay without right?
Suspect must either enter without permission or failed to leave after being told to do so.
239
What are five ways in which the property owner communicate the areas that are off-limits?
1) posted sign
2) verbal ejection
3) privacy precautions
4) no trespass notice
5) court order
240
What do you need to know about posted signs for trespass?
-there must be proof that the defendant actually entered the posted property
-Combination of signs and visitor policies
-no trespass signs invite police investigation, not immediate arrest. Have to investigate and ask questions.
-for trespassing in a public park or playground there must be proof that the sign is based on a rule approved by the appropriate governing body.
241
What do you need to know about privacy precautions for trespass?
-fences around peoples property directly for bid entry. Securing the premises with the fence, wall, lot gate or doors these type of normal privacy precautions directly forbid entry and most people know that.
242
What do you need to know about privacy precautions for trespass?
-fences around peoples property directly for bid entry. Securing the premises with the fence, wall, lot gate or doors these type of normal privacy precautions directly forbid entry and most people know that.
243
What do you need to know about written notice for trespassing?
-provide prior written notice is proof that a person knew he had no right to be present
-Trespass notices should contain name, date of birth and address of person ordered the property, the name of the person in organization issuing the notice, a description of the property for example, the gap store in the Burlington mall the potential consequences of violation. You should have a phone number for the person to call and request to come back to the store on the no trespass order so give me later if necessary.
244
What do you need to know about exemptions to trespass notices?
-If the person who was told not to trespass was invited as a visitor by someone who lives there later.
245
What a police need to know to avoid the misuse of police authority for trespassing?
-police should ask questions when arriving unseen to learn the reason why the manager wants to eject
-Listen to the suspect and see whether he is alleging discrimination or some other
-Attempt to de-escalate immediate
-Remember that the motives of the parties may not be
-Bias for trespass arrest should be
-other violations, civil or criminal despite the decision not to arrest for trespassing could preclude enforcement
246
When may you not arrest someone for trespassing?
Trespass is an applicable to landlord/tenant disputes
247
What are some special considerations regarding innkeepers authority for trespassing?
-broad coverage, the authority may be used by innkeepers of a hotel, motel, boarding house or in for transient occupancy. They have the right to eject 140 section 12 B allows an in keeper to remove or have removed any guest or other person who
-Is unable or refuses to pay for accommodation
-Is obviously intoxicated
-Disorderly
-Causes or threatens to cause disturbance
-Destroys or threatens to destroy property
-or violates a rule “clearly and conspicuously posted at or near the front and on the inside of the entrance door to every guest room”
-they have the right to refuse service under chapter 140 s 12 C to anyone for all the reasons listed for ejection. An end keeper may also require a prospective guest to demonstrate the ability to pay, a Meyer, guest parents or guardian to prove a credit card or deposit of $100 which the keeper must refund if not.limit the number of occupied a room.
248
What is the special consideration for trespassing for homeless people?
Officers may arrest a homeless person on private property. At the same time, they should understand the legal defense of necessity. When a homeless person has nowhere to go on cold nights, and they fear that they are an imminent danger of death or injury they may lack a legal alternative to trespass. However, a homeless person in June could not use the legal defense of “necessity”. To use the bathroom.
249
In chapter 33 property damage what’s an important tip for field officers for defacing or damaging property under 266 section 126A?
Massachusetts has over 40 separate statutes governing various types of property damage. Officers are better off simplifying their charge decision and charge with 266 section 126 a because it’s broad and covers all real or personal property without technical limitations.
250
What are the elements that make this chapter in section 266 section 126A the best charge for property damage?
-warrantless arrest, is a felony without regard to the value of damage so offices, always have warrantless arrest authority on probable cause
-malicious, and this chapter section both malicious and offenders with the same penal
-damaging facing applies to offenders who damage property or no damage occurs
-broad it applies to all personal property, without the kinds of technical limitations that appear in other statutes like 266 section 126, 126B, 127, and 127A.
-there is mandatory restitution or repair under this as well. The right of arrest is always a felony.
251
What are the actual elements for defacing or damaging property under 266 section 126A?
-malicious or wantonly
-destroys or defaces
-property of another
252
For property damage, what is the definition of malicious is intentional?
Malicious act is deliberate and hostile towards the property owner. This does not require that the suspect know the owners identity, only that he was hostile towards the owner, whoever that may be.
-Behavior is the best indicator
-magnitude of damage shows malice
-Malice may be directed towards another
253
What do you need to know about wanting is reckless?
A malicious actor intends his conduct and harm while they want an actor does not intend the harm, but caused by his reckless conduct.
254
What do you need to know about wanting is reckless?
A malicious actor intends his conduct and harm while they want an actor does not intend the harm, but caused by his reckless conduct.
255
What are some other things you need to know about damaging property?
Destroying or injuring property must cause actual damage
-On the other hand, defacing property requires the offender harm appearance, even though no damage
-Urinating or defecating on police station floor is a violation of 126A.
256
What are some other things you need to know about damaging property?
Destroying or injuring property must cause actual damage
-On the other hand, defacing property requires the offender harm appearance, even though no damage
-Urinating or defecating on police station floor is a violation of 126A.
257
Explain property of not of another under 126A?
-126 a covers both real and personal property of another. Real property is all land, structures, firmly attached and integrated equipment, such as light fixtures or well pump, anything growing on that land. It’s distinguished from personal property which is made up of movable items.
-“Movable items, including animals, which are not real property
-people may damage or destroy their own property except by fire in chapter 34.
258
In chapter 34 arson, false alarm, and fire prevention what are the elements of arson under chapter 266 sections one and two?
-burn. The suspect sits fire, burned, or caused to be burned
-Malicious. Did so maliciously:
-Setting the fire on purpose
-Intentionally engaging in an act that created a strong likelihood that a portion of the structure would be burned
-Structure the structure is defined under section occupied or unoccupied dwelling, or structure that results, and burning of a dwelling or section 2 occupied, unoccupied, or vacant public building, or any other structure, not included in section one.
259
In chapter 34 arson, false alarm, and fire prevention what are the elements of arson under chapter 266 sections one and two?
-burn. The suspect sits fire, burned, or caused to be burned
-Malicious. Did so maliciously:
-Setting the fire on purpose
-Intentionally engaging in an act that created a strong likelihood that a portion of the structure would be burned
-Structure the structure is defined under section occupied or unoccupied dwelling, or structure that results, and burning of a dwelling or section 2 occupied, unoccupied, or vacant public building, or any other structure, not included in section one.
260
What is the right of arrest for arson under 266 section 1 and 2?
It is a felony right of arrest for structures in s 1 SP NMT 20 years or HC space NMT 2 1/2 years and a fine no more than $10,000
-for structures in s 2
SP MT 10 years or HC NMT 2 1/2 years.
261
What do you need to know about charring?
Charring is sufficient evidence of burning. Some portions of the structure must be on fire, but it does not have to be consumed. Charring the structure is enough for conviction.
262
When does arson occur?
Arson occurs when a suspect, intentionally sets a fire that a reasonable person would know is likely to burn the structure.
263
What do you need to know about evidence of arson?
Evidence is often circumstantial. Arson can be difficult to prove. Often investigators end up piecing together a circumstantial case, based on motive, opportunity, and other factors. An expert testimony from an arson investigator frequently is indispensable proof.
264
What are the elements of arson of personal property under chapter 266 section 5?
Willfully burn or council. The suspect acted willfully and malicious.
-To fire, burn, caused to be burned or
-To council or aid in the
-Property, trees or conveyance. One of the following items.
-any personal property of another more than $25
-any kind of tree, lumber, or crops or
-any boat, motor vehicle or other conveyance, whether it belong to the suspect or another.
265
What is the rate of arrest of arson of personal property?
It is a felony right of arrest. SP NMT 3 years or HC NMT 1 year and a fine of no more than $500.
**Know that there are Enhanced penalties for injury to firefighters. SP NMT10 years or HC NMT 2 1/2 years and fine no more than $1000.**
266
What are the elements of attempted arson?
Willfully attempt to burn. The suspect willfully and maliciously.:
-Attempted to burn or
-Counsel or assisted another in an attempt to burn
-any structure or property. Any structure or property covered by 266 sections 1, 2 and 5
267
What is attempt to defined as for arson?
It’s broadly, defined as an attempt as “the placing or distributing of any flammable, explosive, or combustible material, or any device in or against any building, structure, or property, in an arrangement with the intent to eventually burn.
268
What is attempt to defined as for arson?
It’s broadly, defined as an attempt as “the placing or distributing of any flammable, explosive, or combustible material, or any device in or against any building, structure, or property, in an arrangement with the intent to eventually burn.
269
What is the right of arrest for attempted arson 266 section 5A?
It is a felony
Sp NMT 10 years orHC 2 1/2 years or fine NMT $1000
270
What are the elements for burning insured property under 266 section 10?
Willfully. The suspect will
-Fraudulently burned. With intent to defraud and insure
-Set fire, burned, or caused to be burned
-Council or aided in the burn
-Property. A building or personal property belonging to himself
-Which at the time was insured against lost by
271
What are the elements for burning insured property under 266 section 10?
Willfully. The suspect will
-Fraudulently burned. With intent to defraud and insure
-Set fire, burned, or caused to be burned
-Council or aided in the burn
-Property. A building or personal property belonging to himself
-Which at the time was insured against lost by
272
What is the rate of arrest for burning insured property?
Felony
SP space NMT5 years or HC NMT 2 1/2 years
273
What are some notes on burning insured property?
-Failure to extinguish fire. The intent to defraud me not to proceed the fire. A suspect may be convicted under section 10 for an accidental fire that he intentionally failed to extinguish or report.
-The suspect, as beneficiary of the insurance is relevant, but not required to be char
-persuasive indicators experience, for example, experiencing financial distress and increasing homeowners insurance, moving valuable property from the home and placing it in storage before the fire then claiming to have lost everything afterwards
-Dual convictions. A person may be convicted of arson of a dwelling or another building and arson with intent to fraud and insurance company. The reason is that each offense has one or more distinct elements.
274
What are the elements for hindering a firefighter under 268 section 32A?
-Willfully hinder. The suspect, willfully obstructed, interfered with, or hindered.
-firefighter. A firefighter or fire force in the lawful performance of their duties.
275
What do you need to know for prevention and safety code enforcement for fires?
-After 100 people perished at the station nightclub in Rhode Island in 2003, safety fire safety officials in Massachusetts developed laws and procedures to prevent fires at entertainment venues.
-dangerous condition on premises chapter 148 section 34 a:
-Offense description. Any owner, Louis or other persons having control of any “assembly use group” may not cause or permit a dangerous condition to exist at any time.
-dangerous condition chapter 148 s 34A defines a dangerous condition as:
-any blocked or impeded entrance
-Fail to maintain or shut off any mandated fire protection system
-storage of any flammable or explosives without a proper
-use of any firework or pyrotechnic device without proper permit
-exceeding occupancy limit established by inspector pursuant to chapter 143.
276
What is the right of arrest for dangerous condition on premises chapter 148 section 34A?
Arrest for breach of the peace and presents. Otherwise a complaint and it is a felony.
277
What is the right of arrest for dangerous condition on premises chapter 148 section 34A?
Arrest for breach of the peace and presents. Otherwise a complaint and it is a felony.
278
Under chapter 35 obstruction of justice, what are the elements for witness interference and obstruction of justice for chapter 268 section 13 B?
Directly or indirectly. The suspect, directly or indirectly, willfully:
-Threatened, attempted or caused physical, emotional, economic, or property injury or
-promise, offered, or conveyed “anything of value” or
-Misled
-intimidated
-harassed
Another person who is or was:
-witness or potential witness
-Aware of information
-attending a civil proceeding or criminal
Proceeding
-police officer
-Judicial or corrections official
-Juror or grand juror
-family member of any person protected by this law
-with the intent or reckless disregard:
-Impede obstruct delay harm punish or “otherwise interfere” with any civil proceeding or criminal investigation or proceeding
-harm or retaliate against any protective person or member of their family for participating in any proceedings described in this law?
279
Under chapter 35 obstruction of justice, what are the elements for witness interference and obstruction of justice for chapter 268 section 13 B?
Directly or indirectly. The suspect, directly or indirectly, willfully.:
-Threatened, attempted or caused physical, emotional, economic, or property injury or
-promise, offered, or conveyed “anything of value” or
-Misled
-intimidated
-harassed
Another person who is or was:
-It witness or potential witness
-Aware of information
-attending a civil proceeding or criminal
Proceeding
-police officer
-Judicial or corrections official
-Juror or grand juror
-family member of any person protected by this law
-with the intent or reckless disregard:
-Impede obstruct delay harm punish or otherwise “otherwise interfere” with any civil proceeding or criminal investigation or proceeding
-harm or retaliate against any protective person or member of their family for participating in any proceedings described in this law?
280
What is the right of arrest for intimidation of a witness?
Felony right of arrest
SP NMT 10 years or HC NMT 2 1/2 years and or find NLT $1000 NMT $5000
281
What is the definition of harass for intimidation of witness?
Harass means to “engage in any act directed at a specific person or group of persons which seriously alarm or annoy them, and would cause a reasonable person to suffer, substantial emotional distress the use of any electronic communication devices”
282
What is the definition of harass for intimidation of witness?
Harass means to “engage in any act directed at a specific person or group of persons which seriously alarm or annoy them, and would cause a reasonable person to suffer, substantial emotional distress the use of any electronic communication devices”
283
What is the definition of an investigator for intimidation of witness?
Refers to “an individual or group officially authorized by federal, state or local law to investigate, prosecute or defend any violation of federal or state law. “
284
What is the definition of an investigator for intimidation of witness?
Refers to “an individual or group officially authorized by federal, state or local law to investigate, prosecute or defend any violation of federal or state law. “
285
What is the bottom line for police officers to use section 13 B?
1) lying to an officer. The law prohibits any person from directly indirectly misleading, a police officer with the intent to interfere with the criminal
-Intimidating potential witness. Offender may not directly or indirectly threaten or intimidate even a potential which witness with the intent to interfere with any criminal investigation or
Court proceedings
-influence potential witnesses. On the other hand and offender may not directly or indirectly offer or provide “anything of value” to even a potential witness in an effort to interfere with any criminal investigation or court proceeding. Asking them to testify.
286
What is the definition of mislead?
The SJC defined the term “mislead” a case where the defendant was convicted for lying to his parole officer about his whereabouts on Halloween night mislead means making a false state
-Intentionally leaving out to create a false impression
-Deliberately recommending that authorities rely on false written statement, photograph, or other item.
287
How do you qualify as misleading?
To qualify as misleading, the statement must be a lie or incomplete in a way that “reasonably could lead investigators to pursue a materially different course of investigation”
288
What happens if a person retracts a false statement?
Retracting the false statement does not nullify the original crime and you can still be charged. It is not a violation if the comment was subjective or general denial.
289
What do you need to know about swallowing drugs for misleading investigators?
Swallowing drugs is not misleading under 13 B. It is concealing evidence under 13 E.
290
What happens if the defendant only intends to intimidate?
If the defendant intends to intimidate, the crime occurs whether or not the victim is afraid.
-A defendant may possess more than one intention. Mixed motives are enough for witness intimidation.
291
What are the elements for tampering or destruction of evidence under 268 section 13 E?
Attempt or actually altar, destroy, or conceal. The suspect knowingly attempted or actually altered destroyed or con
-Evidence written or tangible evidence, for example, physical evidence
-Intent to affect court. With the intent to impair or a current or future court, Grand Jury , or official state proceeding.
292
What is the rate of arrest for tampering or destruction of evidence?
It’s a felony SP no more than 10 years
293
What do you need to know about choking a suspect who swallows drugs?
Never choke a suspect who swallows drugs. You should charge them with charge is Ch 268 s 13E and provide medical assistance.
294
What are the two types of elements for taking or disseminating images of victims under chapter 271 section 51?
Type 1: recording image
Type 2: disseminating image
295
What are the two types of elements for taking or disseminating images of victims under chapter 271 section 51?
Type 1: recording image
Type 2: disseminating image
296
For taking or disseminating images of victims, what are the Type 1 elements?
Type 1: recording image
-First responder, a law-enforcement officer, firefighter, EMT or other person whose usual duties include rendering assistance at a crime, accident, or emergency scene
-official duty. Responded to, or was present at the scene of a crime, accident, or emergency.
-Took a photograph or digital image of a victim. Took a photograph or digital image of a victim unless done in the performance of duties with or with permission.
297
For taking or disseminating images of victims, what are the Type 1 elements?
Type 1: recording image
-First responder, a law-enforcement officer, firefighter, EMT or other person whose usual duties include rendering assistance at a crime, accident, or emergency scene
-official duty. Responded to, or was present at the scene of a crime, accident, or emergency.
-Took a photograph or digital image of a victim. Took a photograph or digital image of a victim unless done in the performance of duties with or with permission.
298
What are the Type 2 elements for taking or disseminating images of victims?
Type 2: disseminating image
-First responder
-showed another person without permission
-A victims image. An image of a victim of a crime, accident, or emergency.
299
What are the Type 2 elements for taking or disseminating images of victims?
Type 2: disseminating image
-First responder
-showed another person without permission
-A victims image. An image of a victim of a crime, accident, or emergency.
300
What is the rate of arrest for taking or disseminating images of victims at crime scenes?
It’s a complaint unless a breach of the peace is in presence
-house of corrections NMT one year and or fine no more than $2000
301
What is the rate of arrest for taking or disseminating images of victims at crime scenes?
It’s a complaint unless a breach of the peace is in presence
-house of corrections NMT one year and or fine no more than $2000
302
What are exceptions to taking or disseminating images of victims?
-BWC camera or vehicle camera was properly used
-official duty. Recording or disseminating the image was part of the officers official duties
-with permission. The recording was made or disseminated with the permission of the victim or the victims, immediate family member, which is defined as a spouse, child, stepchild, adopted child, sibling, step sibling, adopted sibling, parent, step-parent, legal guardian, adoptive, parent, grandparent or grandchild “
303
What are the elements for impersonation of a police officer under 268 section 33?
-Pretends to be Officer. The suspect pretends to be a police officer
-Behaves as if an officer. “Acted as such a required a person to aid or assist in the matter of pertaining to the duty of such Officer”.
304
What are the elements for impersonation of a police officer under 268 section 33?
-Pretends to be Officer. The suspect pretends to be a police officer
-Behaves as if an officer. “Acted as such a required a person to aid or assist in the matter of pertaining to the duty of such Officer”.
305
What is the rate of arrest for impersonating a police officer?
Arrest for breach of the peace and presence. Otherwise a complaint.
306
What is the rate of arrest for impersonating a police officer?
Arrest for breach of the peace and presence. Otherwise a complaint.
307
What are some notes you need to remember for charging people with impersonating a police officer
The imposter must pretend and act like a police officer.
-actual police officer, who deliberately misrepresents his her authority or jurisdiction, commits this crime some related offenses are :
disguise with intent to hinder an officer 268 section 34
-unlawful possession of a badge 268 section 35
308
What are the the two types of elements for perjury under 268 sections 1, 1A and 2
Type 1: spoken perjury
Type 2: perjury per se
309
What are the the 4 types of elements for perjury under 268 sections 1, 1A and 2
Type 1: spoken perjury
Type 2: perjury per se
Type 3: written perjury
Type 4: subornation of perjury
310
What are the elements for perjury Type 1 spoken perjury?
-The suspect knowingly
-made a false statement during testimony under oath in court or another he
-The falsehood was “material” meaning that it is reasonably tended to affect the determination of the relevant issue or outcome of a proceeding.
311
What are the elements for perjury Type 1 spoken perjury?
-The suspect knowingly
-made a false statement during testimony under oath in court or another he
-The falsehood was “material” meaning that it is reasonably tended to affect the determination of the relevant issue or outcome of a proceeding.
312
Under perjury, what are the elements of Type 2: perjury per se?
-The suspect knowingly, and not as a result of good faith
-gave two obviously inconsistent statements about a material issue during the course of a criminal proceeding concerning a violent crime.
***For this, you must know that a witness may avoid perjury if they admit to lying before it affects the criminal proceeding or before it has or will be exposed.**
313
Under perjury, what are the elements of Type 2: perjury per se?
-The suspect knowingly, and not as a result of good faith
-gave two obviously inconsistent statements about a material issue during the course of a criminal proceeding concerning a violent crime.
***For this, you must know that a witness may avoid perjury if they admit to lying before it affects the criminal proceeding or before it has or will be exposed.**
314
What is the Type 3 elements for perjury?
Written perjury.
The suspect knowingly made a material false statement
-in a written document signed “under the penalties of perjury”
315
What are the Type 4 subordination of perjury elements for perjury?
The suspect convinced another person to commit perjury in one of the ways mentioned before
316
What is the related offense of attempt to persuade another to commit perjury under chapter 268 section 3?
In Comm. Vs Senior, the suspect tried to get his coworker to lie about what happened during a road rage incident. He faked a breakthrough his own window, went to the police and said the other person did it, and wrote a report. Then tried to get his coworker to lie under oath to support his lie. The associate reported the defendants efforts to get him to lie under oath, the neighbors case was dismissed, and the defendant was convicted of attempted perjury.
