Chapter 51: Obstructing Governmental Operations Flashcards Preview

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Flashcards in Chapter 51: Obstructing Governmental Operations Deck (23):
1

(1) A person who unlawfully introduces within a detention facility, correctional institution or mental hospital, or unlawfully provides an inmate thereof with any weapon, tool, implement, or other thing which may be used for escape


(2) An inmate who unlawfully procures, makes or otherwise provides himself with, or unlawfully has in his possession or under his control, any weapon, tool, implement or other thing which may be used for escape

5122: Weapons or implements for escape

M.1

2

-willfully conceals himself or moves/travels within/outside of the Commonwealth

-w/ intent to avoid apprehension, trial, or punishment

 

**does not apply to a person set at liberty by court order and later fails to appear

5126: Flight to avoid apprehension, trial, or punishment

 

M.2= if the crime charged is a misdomeanor

F.3= if the crime charged is a felony

3

-Vexes others w/ unjust and vexatious suits

5109: Barratry

M.3

4

  • Unlawfully removes himself from official detention or fails to return to official detention following temporary leave granted for a specific purpose or limited period
  • Public servant concerned in detention: knowingly or recklessly permits an escape. Any person who knowingly causes or facilitates an escape commits an offense
  • Irregularity in bringing about or maintaining detention, or lack of jurisdiction of the committing or detaining authority, shall not be a defense to prosecution under this section.

5121: Escape

M. 2

F.3= the actor was under arrest for or detained on a charge of felony; employs force, threat, deadly weapon; public servant concerned in detention of persons convicted of crime intentionally facilitate/permits an escape

5

(1) A person who unlawfully introduces within a detention facility, correctional institution or mental hospital, or unlawfully provides an inmate thereof with any weapon, tool, implement, or other thing which may be used for escape


(2) An inmate who unlawfully procures, makes or otherwise provides himself with, or unlawfully has in his possession or under his control, any weapon, tool, implement or other thing which may be used for escape

5122: Weapons or implements for escape

M.1

12

-conducts a financial transaction under any of the following circumstances:

  • (1) With knowledge that the property involved represents the proceeds of unlawful activity, the person acts with the intent to promote the carrying on of the unlawful activity
  • (2) With knowledge that the property involved represents the proceeds of unlawful activity and that the transaction is designed to conceal or disguise the nature, location, source, ownership or control of the proceeds of unlawful activity
  • (3) To avoid a transaction reporting requirement under State or Federal law

5111: Dealing in Proceeds of Unlawful Activities

F.1

**additional penalty: fine of the greater of $ 100,000 or twice the value of the property involved

28

-having been required by any legal process to attend/testify in any prosecution of a crime before any court:

  • unlawfully and willfully conceals himself from the jurisdiction of such court
  • w/ intent to defeat the end of public justice
  • and refuses to appear as required

5125: Absconding Witness

M.3

32

-intentionally

-interferes w/, obstructs, or impedes the administration of justice; OR

w/ intent of influencing any judge, juror, witness, or court officer in the discharge of his duty:

-pickets/parades in/near any courthouse, or in/near any building/residence occupied by/used by judge, juror, witness, or court officer, OR uses any sound-track/similar device, OR resorts to any other demonstration in/near such building/residence

5102: Obstructing/impeding the administration of justice by picketing

M.2

33

-intentionally

-obstructs, impairs, or prevents the administration of law

-by force, violence, physical interference/obstacle, breach of official duty, or any other unlawful act

 

DOES NOT APPLY: to flight by person charged w/ a crime, refusal to submit to arrest, failure to perform a legal duty other than an official duty; or any other means of avoiding compliance w/ law w/o affirmative interference w/ gov't functions

5101: Obstructing administration of law or other government function

M.2

40

-intentionally aids another

-to accomplish an unlawful object of a crime

  • as by safeguarding the proceedes thereof, or converting the proceedes into negotiable funds

5107: Aiding in Consumation of a Crime

M.2

F.3= if the underlying offense was an F.1 or F.2

59

-knowingly

-impedes, obstructs, or interferes

-w/ emergency services personnel providing emergency medical services to an injured victim, or performing rescue, or firefighting activities

5112: Obstructing Emergency Services

M.3

98

-person set at liberty by court order, with or without bail, upon condition that he will subsequently appear at a
specified time and place, without lawful excuse, he fails to appear at that time and place

 

**does not apply to obligations to appear incident to release under suspended sentenceo, probation or parole.

5124: Default in Required Appearance

M.2

F.3= if the appearance was required to answer a Felony charge

151

-w/ intnent of preventing a public servant from effecting a lawful arrest, or dischargin any other duty:

  • creates a substantial risk of bodily injury; OR
  • employs any means justifying/requiring substantial force to overcome the resistance

5104: Resisting arrest or other law enforcement

M.2

155

-w/o authorization

-removes/attempts to remove

-firearm, rifle, shotgun, or weapon

-from the person of a LEO, corrections officer, OR

-deprives the officer of the use of such while in performance of his duties; AND

-has resonable cause to know the individual is a LEO

5104.1: Disarming Law Enforcement Officer

F.3

191

w/ intent to hinder apprehension, prosecution, conviction, punishment, or violation of probation, parole, or ARD:

  • harbors or conceals the other
  • provides weapon, transportation, disguise, or other means of escape
  • conceals/destroys evidence, tampers w/ witness/informant/document, or other source of info (regardless of admissability)
  • warns another of impending discovery/apprehension (does not apply to a warning given in connection w/ an effort to bring another in compliance w/ law)
  • provides false information to a LEO

5105: Hindering apprehension or prosecution

M.2

F.3= if underlying offense is an F.1 or F.2

192

  • Disorderly or contemptuous
  • in the presence of either branch of the general assembly; OR
  • neglects/refuses to appear before either branch of the general assembly after having been duly served w/ a subpoena

5110: Contempt of General Assembly

M.3

193

  • Agrees to accept any pecuniary benefit in consideration of refraining from reporting the commission of any offense, or providing information about such offense to law enforcement

  ***Defense= pecuniary benefit did not exceed the amount which actor believed to be due as restitution for harm caused by the offense

5108: Compounding

M.2

194

  • by any scheme, device, or in any manner, for any purpose:
  • intentionally listens into the deliberations of any jury

5103: Unlawfully listening into deliberations of Jury

M.3

195

(1) knowingly solicits/causes/attempts to cause a person to particiapte or remain in a criminal gang

(2) knowingly inflicts bodily injury/use physical menance, force, threats, or other intimidation to cause another to participate/remain in a criminal gang

(3) knowingly inflicts serious bodily injury on any person attempting to cause another to participate/remain in a criminal gang

5131: Recruiting Criminal Gang Members

M.2= (1)

M.1= (2)

F.3= (3)

  **if commited against a person under 16 years of age, graded ONE DEGREE HIGHER

 

**the fact that the victim DID NOT JOIN the gang is not a defense

196

Sells, gives, transmits, furnishes to any prison inmate or inmate of a mental hospital any controlled substance

5123 (a): Contrabrand (Controlled Substance to Confined Persons)

F.2

**minimum 2 year confinement in prison (sentence)

197

A prisoner or inmate unlawfully posseses any controlled substance

  **No amount is considered de minimus

5123(a.2): Contraband (Possession of Controlled Substance by Inmate)

F.2

198

Gives or furnishes money to any inmate of any correctional facitlity 

**may deposit money with superindendant ect...

5123(b): Contraband (Money to Inmates Prohibited)

M.3

199

-sells, gives, or otherwise furnishes any inmate or inmate of a mental institution with any spirituous or fermented liquor, medicine, or poision

-sells, gives, or furnishes, or places in any area any telecommunication device

-an inmate in possession of a telecommunication device

5123(c): Contraband (Contraband other than controlled substance/telecommunication devices to inmates)

M.1