CRIM LVL 2

Question 1

Unarmed robbery

Answer 1

Force or fear. The suspect by force or fear;

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

Right of arrest
**FELONY **

Question 2

For a typical firearm arrest, you will charge:

Answer 2

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

Question 3

Common trafficking weights include:

Answer 3

Marijuana 50 lbs or more
Cocaine 18 grams or more
Heroin 18 grams or more
Methamphetamine 18g or more
Fentanyl 10g or more
Carfentanil Any amount

Question 4

MGL Chapter 138

Answer 4

Alcohol crimes

Question 5

Unarmed assault with intent to rob or steal

Answer 5

Whoever:
Not being armed with a dangerous weapon;
**Assaults another with force and violence;
With intent to rob or steal.

ROA Felony

This charge is used for the S who assaults a V with intent to rob or steal, but does not complete the crime.

Question 6

What is the right of arrest for assault and battery?

Answer 6

(M) Breach of peace, in presence

Question 7

Know the ROA and the amount

What is the right of arrest for possession of over 2 ounces of marijuana in public by an adult (age 21 and over)?

Answer 7

It is a misdemeanor arrestable on probable cause

Question 8

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

Answer 8

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

Question 9

When thinking of burglary, what is the definition of “nighttime”?

Answer 9

One hour after sunset and one hour before sunrise the next day

Question 10

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

Answer 10

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

Question 11

Mayhem

Answer 11

The suspect maliciously intended to maim or disfigure; AND
Committed one of the following acts to the victim:

Cut out or maimed the tongue;
Put out or destroyed an eye;
Cut or tore off an ear;
Cut, slit, or mutilated the nose or lip; OR
Cut off or disabled a limb or member of the victim

ROA Felony

Remember: Specific intent crime!!!

Question 12

Armed robbery

Answer 12

Weapon. The suspect was armed with a dangerous weapon when he;

Force or fear. By force or fear;

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

Right of arrest: Felony

Question 13

Unlawful Possession of Firearm, Rifle, Shotgun, or Ammunition
269 S 10 (h)

Answer 13

Elements
The S possessed an item;
The item meets the legal definition of a firearm and/or ammunition; and
That the S knew they possessed the firearm; and
The S did not have a valid FID card or the S did not qualify for one of the exemptions in the law that are a substitute for having a valid FID card.

ROA (M) arrest on PC

This covers possession of ammunition in the case of firearms arrests in public. It is also used to charge for unlicensed possession of a firearm in one’s home or office. Remember the right of arrest.

Question 14

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

Answer 14

Four or more other people

The right of arrest for this is misdemeanor, arrestable in presence.

Question 15

Would possessing a fake gun qualify as being armed for robbery?

Answer 15

Yes

Question 16

Know ROA…be able to identify examples of it

Interfering with a Police Officer
Common Law Crime

Elements

Knowledge. The suspect knew, or should have known, the officer was engaged in the lawful performance of duty; and

Obstruction. Physically obstructed or threatened violence against the officer;

Intent. With the intent of obstructing or hindering the officer in the performance of duty.

Right of arrest

(M) Breach of peace, in presence

Answer 16

NOTES

This charge requires physical obstruction or threats of violence

Physical obstruction includes:

**Refusing to move

**Verbally interrupting in a loud and persistent manner

**Videotaping is not interfering unless it’s done in a manner that physically hinders police.

**A suspect’s refusal to identify himself is not interfering.

Question 17

This is an add-on charge

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

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

Answer 17

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

Question 18

What is a shod foot?

Answer 18

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

Question 19

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

Answer 19

The suspect’s bias motivation

Question 20

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

Answer 20

Felony

Question 21

The 5 ways that property owners communicate to the public the areas that are off limits:

Answer 21

1. Posted sign 2. Verbal ejection 3. Privacy precautions 4. No trespass notice 5. Court order

Question 22

Trafficking is defined as….

Answer 22

To knowingly and intentionally manufacture, cultivate, distribute, or dispense; OR to possess with intent to manufacture, cultivate, distribute, or dispense; OR carried into the Commonwealth; a specific amount or mixture of a controlled substance.

Remember: Trafficking is all about the weight!!

Question 23

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

STATUTORY RAPE
265 S 23

Under 16 can’t consent to sexual intercourse

Answer 23

ELEMENTS
The suspect unlawfully;

Engaged in natural or unnatural sexual intercourse with the victim;

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

RIGHT OF ARREST Felony

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

Question 24

Examples of Class A drugs

Answer 24

Heroin
Ketamine
Fentanyl
Carfentanil
Morphine

Question 25

How is a threat to commit a crime different from an assault?

Answer 25

Threat to commit a crime is words, either verbal or written. An assault is a threat accompanied by an overt gesture putting a person in fear of a battery. Remember, a battery is “touching a person in a harmful or unpermitted way.”

Question 26

MGL Chapter 209A

Answer 26

Domestic violence laws

Question 27

B&E Daytime 266 s 18

Answer 27

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

Question 28

# No ROA, except if interfering w/arrest of another Resisting Arrest 268 S 32B

Answer 28

Elements Prevent or attempt. The suspect knowingly prevented or attempted to prevent; Police officer. A police officer in the regular course of his assigned duties, who was in uniform or, if out of uniform, who properly identified himself by displaying his credentials; Arrest. From effecting an arrest of: The actor; or Another person; Force, threat, risk of injury. By using the police officer or another person: Physical force or the threat of physical force; or Any other means that creates a substantial risk of bodily injury. Right of arrest Because an arrest is being made, officers continue to do so. If it is a person interfering with the arrest of another, officers may arrest for an obvious breach of the peace.

Question 29

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

Answer 29

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

Question 30

# Know ROA and body parts Indecent Exposure 272 s 53 ELEMENTS Intentional. The suspect intentionally; Expose genitals. Exposed his or her genitals to one or more persons; and Cause offense. At least one person was offended by the exposure.

Answer 30

**Right of Arrest Warrantless arrest in presence in public. Complaint, in private. ** Notes The indecent exposure does not have to occur in a public place. Public breastfeeding is not indecent exposure. **Indecent exposure is limited to exposure of the genitalia** and not to exposure of the genital area, pubic hair, buttocks, or female breasts.

Question 31

# Child discipline and parental privilege Police should not charge parents or guardians with assault and battery if:

Answer 31

1. The force used was reasonable; and 2. the force was for the purpose of safeguarding or promoting the child's welfare, including prevention or punishment of misconduct; and 3. there was no risk of physical harm, gross degradation, or severe distress (physical harm may not exceed fleeting pain or minor, transient marks).

Question 32

# **Aggravated A&B and Caretaker Abuse** (265 s 13J and 265 s 13K) Age limits which apply to each category

Answer 32

"Children" are under the age of 14. "Elders" are 60 and older. "Disabled people" are any age.

Question 33

MGL Chapter 265

Answer 33

Crimes against the person

Question 34

The definition of distribution is…..

Answer 34

“To deliver other than by administering or dispensing a controlled substance.” Distribution is any non-medical delivery of drugs. Important!! a. Delivering drugs is distribution even though no money is exchanged. b. Sharing drugs is distribution except when the offenders either obtain the drugs together at the same time or “socially share” marijuana. The right of arrest for distribution is: Class A, B, and C FELONY Class D and E Misdemeanor arrestable on PC

Question 35

Natural intercourse

Answer 35

The insertion, no matter how slight, of the penis into the vagina.

Question 36

Unlawful Possession of a Firearm/Rifle/Shotgun outside of Home or Business 269 s 10 (a)

Answer 36

The defendant: knowingly possessed (outside home or business), or had under his control in a motor vehicle, a firearm (barrel < 16 in); doesn’t have a valid license to possess the firearm outside of his home or office; does not qualify for one of the statutory exemptions from the licensing requirements. Right of arrest Felony

Question 37

Examples of Class B drugs

Answer 37

Cocaine Methadone Oxycontin Percocet MDMA (Ecstasy) Methamphetamine PCP (Angel Dust)

Question 38

Affray 277 s 39

Answer 38

Elements 1. That the defendant fought with one or more other persons; 2. That the fighting took place in a public place; and 3. That at least one person who was lawfully present in the public place was put in fear as a result of the fighting that occurred. Right of arrest (M) breach of peace, in presence

Question 39

The rights of arrest for larceny

Answer 39

If the suspect steals property valued in excess of $250: Warrantless arrest on PC (misdemeanor) If the value of property stolen was valued at over $1200, or a firearm, or trade secret, then it’s a felony. If the suspect steals property valued at $250 or less: Warrantless arrest in presence (Misdemeanor). Otherwise, complaint. Any time a police officer witnesses a theft, warrantless statutory arrest powers apply (misdemeanor, in presence). NOTES If victim is 60 or older, or disabled, and if value of property is over $250 Felony If victim is 60 or older and value of property is $250 or less Misdemeanor

Question 40

# **Aggravated A&B and Caretaker Abuse** (265 s 13J and 265 s 13K) Definition of "abuse"

Answer 40

The failure to provide treatment or services necessary to maintain health or safety, which either harms or creates a substantial likelihood of harm.

Question 41

Defacing or Damaging Property 266 s 126A

Answer 41

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

Question 42

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

Answer 42

Felony

Question 43

Unnatural intercourse

Answer 43

Includes oral intercourse and anal intercourse. This includes mouth/vagina and mouth/penis contact. Intrusion is not required. Inserting a finger or object into the genital or anal opening is rape

Question 44

Statutory right of arrest for larceny from a building?

Answer 44

Felony, regardless of the value of the object.

Question 45

Sale or possession of fireworks 148 s 39

Answer 45

The suspect: Sold, offered, or kept for sale; or had in his possession; or caused to explode; Fireworks- provided they were not for a legally exempt purpose. **Right of arrest** **For sales-related activity:** (M) warrantless arrest in presence **Possession or causing to explode:** Confiscate the fireworks and do a complaint

Question 46

MGL Chapter 94C

Answer 46

Drug and narcotic crimes

Question 47

# Know the right of arrest Threat to commit a crime 275 s 2

Answer 47

Communicated intent to injure; Injury would be crime; V in fear that S had intention/ability to carry out threat Right of arrest: Complaint only

Question 48

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

Answer 48

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

Question 49

Trespass after Notice 266 s 120

Answer 49

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

Question 50

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

Answer 50

Felony

Question 51

Examples of privacy precautions

Answer 51

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

Question 52

What is the statutory right of arrest for basic shoplifting?

Answer 52

It is a misdemeanor arrestable on probable cause.

Question 53

# This does not include per se weapons What is a “dangerous use” weapon?

Answer 53

A normal item which becomes a weapon when used in a dangerous fashion.

Question 54

# An adult, acting as parent, strikes a child This is legally permissible as long as the adult who strikes the child is using.....

Answer 54

reasonable force.

Question 55

Criminal Harassment

Answer 55

The suspect willfully and maliciously engaged; In a pattern of conduct or series of acts (at least 3 incidents); Which were directed at a specific person; and Constituted harassment (because a reasonable person would suffer substantial emotional distress). Right of arrest **Warrantless arrest on probable cause is the “preferred response”**

Question 56

Fraudulently Procuring Food or Accommodations for Credit 140 s 12

Answer 56

2 Types Type 1: Procuring from a Hotel or Motel Without paying, the suspect obtained food, entertainment, or accommodations from a hotel, motel, or other lodging house; With the intent to cheat or defraud the owner (unless, at the time, the suspect had an express agreement for credit) Type 2: Procuring from a Restaurant Without paying, the suspect obtained food and/or beverage from a “common victualer” ( a licensed restaurant); With the intent to cheat or defraud the owner. Right of arrest: Misdemeanor arrestable as a breach of peace, in presence. Otherwise, complaint.

Question 57

Definition of assault

Answer 57

The suspect intended to commit a battery, which involved touching the victim in a harmful or unpermitted way; took some overt action; and came reasonably close to committing a battery (a swing and a miss) OR The suspect intentionally engaged; in menacing conduct; that caused the victim to fear an imminent battery. Remember…Verbal threat alone is insufficient. A verbal threat to do harm becomes an assault when accompanied by some outward gesture.

Question 58

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

Answer 58

Arrest for the misdemeanor.

Question 59

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

Answer 59

threat.

Question 60

Rights of arrest for misdemeanors

Answer 60

Misdemeanor–In presence, breach of the peace Misdemeanor, in presence Misdemeanor, probable cause

Question 61

Burglary 266 s 15

Answer 61

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

Question 62

When does larceny become a felony?

Answer 62

If the value of property stolen was valued at over $1200, or a firearm, or trade secret.

Question 63

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

Answer 63

Felony

Question 64

Examples of sufficient resistance for resisting arrest

Answer 64

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

Question 65

Minor in Possession of Alcohol 138 S 34C

Answer 65

**Elements Under 21 and no guardian. The suspect was under 21 and unaccompanied by a parent or legal guardian; and Possess or transport. Knowingly possessed, transported, or carried on his person; Alcohol. Any alcohol or alcoholic beverage. **Right of arrest ** Misdemeanor. Warrantless arrest in presence.

Question 66

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

Answer 66

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

Question 67

Unlawful Possession of a Loaded Firearm 269 S 10 (n) **Suspect knowingly and unlawfully possessed a loaded firearm **Adds additional jail time **Defendant must know the firearm was loaded (SJC ruling) **This is not a stand-alone charge. The S must be charged with a violation of 269 s 10(a) or (c), as well.

Answer 67

There is no statutory right of arrest. It is an additional charge to 269 s 10a or 10c (machine gun)