Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

Criminal Law > Crimes > Flashcards

Crimes Flashcards

(110 cards)

Start Studying
1
Q

hypo: dead human being. possible crimes

A

murder - 1st degree, 2nd degree
manslaughter
negligent homicide
vehicular homicide

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

1st degree murder elements

A

(1) killing with specific intent to kill or cause great bodily harm
AND
(2) either
(a) person killed during commission of a felony: eg, aggravated/2nd degree kidnapping, arson, rape, burglary, armed robbery, 1st/2nd robbery, simple robbery
OR
(b) other aggravating circumstances: eg, killing police officer, victim under 12 or over 65, perp engaged in drug distribution or purchase, murder for hire, intent to kill 2 victims, etc

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

2nd degree murder

A

(1) intent to kill or cause GBH
OR
(2) unintentional killing during the perpetration of another felony –> rape, arson, agg burglary, kidnapping, armed robbery
OR
(3) death caused by ingestion of controlled dangerous substance

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

intentional manslaughter

A

(1) intentional killing but vic was killed while perp was in HEAT OF BLOOD / sudden passion
(2) that was caused by sufficient provocation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

unintentional manslaughter

A

(1) unintentional homicide
(2) while involved in an unenumerated felony
OR
(1) unintentional death while engaged in intentional misdemeanor against a person
OR
(1) death of police officer while in course of arrest

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

hypo: someone driving car and kills pedestrian

A

negligent homicide

note: evidence of breaking a statute, like speeding or red light, is presumptive evidence of negligence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

negligent homicide

A

(1) killing by criminal negligence
where violation of statute is presumptive evidence of negligence
OR
(2) killing because of reckless or negligent animal handling; not if service dog; not if victim was intruder

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

vehicular homicide

A

death when perpetrator was operating a car, vehicle, boat, plane under the influence of drugs or alcohol

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

hypo: vehicle kills pedestrian

A

this is negligent homicide – not vehicular homicide.

vehicular homicide ONLY when operator operating under the influence of drugs or alcohol

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

criminal assistance to suicide

A

advising or encouraging suicide
OR
providing means with knowledge of use

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

simple battery

A

intentional use of force of violence against the person of another
OR
intentional application of noxious substance
WITHOUT
the consent of the victim

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

aggravated battery

A

battery with deadly weapon

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

** second degree battery

A

battery
PLUS
intentional, serious, bodily injury

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

misc battery list

A

special interest crimes.
battery against:

police officer 
school teacher
referee
correctional officer 
bus operator 
child welfare  worker 
infirm

domestic abuse battery

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

simple assault

A

either
(1) intent to commit a battery
OR
(2) intentional placing of another in reasonable apprehension of a battery

no dangerous weapon

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

aggravated assault

A

assault with dangerous weapon

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q
  • aggravated assault with a firearm
A

assault plus use of firearm

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

hypo: with gun, point at someone, or pull trigger but empty

A

aggravated assault with a firearm

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

hypo: assault with deadly weapon of some kind

victim is peace officer

A

aggravated assault on peace officer

IF ASSAULT OCCURRED DURING COURSE AND SCOPE OF PEACE OFFICER’S DUTIES

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

misc assault list

A 
assault by drive by shooting 
agg assault on peace officer with firearm 
agg assault with motor vehicle on peace officer 
use of lazer on police officeir  
assault on  school teacher 
mingling harmful substances 
assault on child welfare worker 
agg assault on utility worker with gun
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

negligent injuring

A

(1) someone engaged in criminal negligence - gross negligence
(2) and inflicts injury on another
violation of statute is presumptive evidence of negligence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

vehicular negligent injurying

A

injuring another when perpetrator was operating a car, vehicle, boat, plane under the influence of drugs or alcohol

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

1st degree vehicular injury

A

(1) injuring another when perpetrator was operating a car, vehicle, boat, plane under the influence of drugs or alcohol
AND
(2) serious bodily injury results

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

hypo: officers threatening arrestee to get confession

A

intimidation by officers

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
hypo: intentional communication of impending harm to cause fear (bomb threats, etc)
terrorizing
26
hypo: intentional and repeated following or harassing
stalking if caused alarm or distress private investigators exempt
27
hypo: use of email to extort, threaten, or harass
cyberstalking
28
hypo: transmission over internet to torment one under 18
cyberbullying
29
hypo: cross burning
cross burning crime when on property o another or public property with intent to intimidate
30
rape defined
anal, oral or vaginal intercourse without consent (note consent impossible in PO custody) slight penetration required
31
1st degree rape
rape PLUS (1) victim is under 13 or over 65 (2) victim resists to utmost, overcome by force (3) prevented from resisting by credible threats of great and immediate GBH, or perp armed by dangerous weapon, or physical/mental infirmity (4) 2+ offenders participated
32
hypo: person moved from point A to point B
probably a kidnapping
33
aggravated kidnapping
PRE-REQ: (1) forcible seizing or carrying someone from one place to another OR (2) persuading person to go from one place to another OR (3) forcibly secreting any person PLUS specific intent to force someone to give up something of value (usually ransom) in order to secure release
34
* 2nd degree kidnapping
(1) forcible seizing or carrying someone from one place to another OR (2) persuading person to go from one place to another OR (3) forcibly secreting any person WHEN (1) victim used as shield or hostage OR (2) used to facilitate felony or flight from felony OR (3) victim is sexually abused or injured OR (4) person imprisoned for 72+ hours OR (5) imprisoned when perp has or suggests he has dangerous weapon
35
aggravated kidnapping of child
(1) child under 13 (2) taking, enticing, or removing child from location (3) for unlawful purpose (4) by perp not parent, grandparent, or guardian (5) with intent to secret child from parent or guardian
36
simple kidnapping
(1) intentional taking person from one place to another without consent
37
false imprisonment
(1) intentional confinement or detention (2) of another (3) without consent (4) and without proper legal authority
38
intentional interference with child custody
(1) taking of minor by parent (2) without right of custody (3) with intent to take child from other parent with right of custody
39
human trafficking
(1) recruiting, transporting or soliciting (2) a person to provide services (3) through fraud, force, or coersion
40
armed robbery
(1) taking anything of value (2) belonging to another (3) from the person of another OR their immediate control (4) by use of force or intimidation (5) while armed w a dangerous weapon
41
hypo: taking cheetos from the chip rack while pointing gun at cashier
not immediate control
42
first degree robbery
(1) taking anything of value (2) belonging to another (3) from the person of another OR their immediate control (4) by use of force or intimidation BUT (5) perp has no dangerous weapon -- but leads victim to believe he is armed by dangerous weapon
43
second degree robbery
(1) taking anything of value (2) belonging to another (3) from the person of another OR their immediate control AND (3) perp inflicts serious bodily injury
44
hypo: while taking wallet from person, perp pushes victim over and his head bleeds
second degree robbery
45
simple robbery
(1) taking anything of value (2) belonging to another (3) from the person of another OR their immediate control (4) NOT armed with dangerous weapon
46
carjacking
intentional taking o motor vehicle belonging to another in presence of person in possession of the vehicle by use of force orintimidation
47
purse snatching
``` theft of anything of value within purse or wallet from the person of another or their immediate control by force intimidation or snatching not armed with dangerous weapon ```
48
extortion
making of threats to another | with intention to obtain anything of value of any advantage
49
* aggravated burglary
(1) unauthorized entering (2) of inhabited dwelling or structure/movable where person is present (3) with specific intent to commit felony or theft (4) when offender is armed OR becomes armed with dangerous weapon, OR commits a battery
50
hypo: is going into walgreens and hopping over pharmacy counter an unauthorized entry
maybe. this is the element most discussed/disputed on exam.
51
simple burglary
(1) unauthorized entering (2) of any dwelling, vehicle, other structure, or cemetery (3) with intent to commit felony or theft
52
hypo: break into inhabited dwelling with intent to commit a felony, no weapon or battery
simple burglary of inhabited dwelling
53
other simple burglaries
- of pharmacy (unauthorized entry with intent to commit theft of drug) - religious building - law enforcement vehicle - emergency vehicle
54
unauthorized entry of critical infrastructure
(1) intentional entry without authority | (2) when it is completely enclosed by barrier
55
unauthorized entry of inhabited dwelling
(1) unauthorized entry | (2) of structure used as home
56
unauthorized entry of place of business
(1) unauthorized entry | (2) if completely enclosed by 6 foot barrier
57
unauthorized entry of dwelling during disaster
(1) unauthorized entry | (2) unless attempting rescue or refuge
58
hypo: person in the bar, bartender tells him to leave, person refuses
may be criminal trespass
59
looting
(1) intentional entry (2) of any immovable or movable (3) when normal security is not present (4) because of force majeure or riot (5) enhanced penalties if state of emergency
60
criminal trespass
(1) entering or remaining (2) in a movable or immovable (3) owned by another (4) without express, legal, or implied authorization BUT OK if police, fire, EMT, or govt agent
61
other criminal tresspass
- entry on or remaining in place after being forbidden - trespass by drone WITH INTENT to surveil - unlawful use of drone over jail
62
home invasion
(1) unauthorized entry (2) of home (3) when person present (4) with specific intent to use force against person or harm property
63
aggravated arson
(1) intentional damaging (2) by explosion or fire (3) when foreseeable that human life might be danger
64
simple arson
(1) intentional damaging (2) by explosion or fire (3) of property without consent OR unintentional damaging by fire during felony
65
hypo: in course of burglary, burglar knocks over candle and house burns down
probably simple arson bc unintentional damaging by fire during felony
66
misc arson
- arson with intent to defraud - placing combustible materials near stature = attempted arson - manufacture of delayed incendiary device - manufacture of incendiary device - injury by arson
67
aggravated criminal damage to property
(1) intentional damaging (2) of structure (3) when foreseeable when human life might be in damage (4) other than by fire or explosion
68
misc property damage crimes
- to coin operated device - to pipeline facility - to genetically engineered crop/facilities - to property with intent to defraud - contaminating water supplies - by defacing with graffiti
69
simple criminal damage to property
(1) intentional damaging (2) of property (3) without consent (4) other than by fire or explosion
70
hypo: letting air out of someone's tires
criminal mischief: | tampering with property without consent of another with specific intent to interfere with enjoyment or use
71
hypo: calling the fire department on someone
criminal mischief: | giving false alarm of fire that results in emergency responders
72
hypo: throwing pen at someone in public place
criminal mischief: | throwing missile in public place
73
hypo: false report of crime to officer
criminal mischief: | giving false report of crime to officer
74
hypo: remaining in place of business after being told to leave
criminal mischief:
75
hypo: discharge of firearm at train
criminal mischief:
76
hypo: graffiti on property without conosent
criminal mischief:
77
** theft
(1) misappropriation or taking (2) without consent or by means of fraud (3) of anything of value belonging to another (4) with specific intent to permanently deprive
78
specific thefts
- livestock - utility services - petroleum products - goods - timber - firearm - business record - assets of aged or disabled person - identify theft - motor vehicle - copper from church or graveyard
79
fraud
is not elements; its specifically listed crimes. example: fraud by issuing worthless checks (1) specific intent to defraud (2) perp knew there was insufficient funds when issued many others
80
unauthorized activity
kind of theft without intent (1) intentional taking or use of movable (2) that belongs to another (3) without intent or by fraud (4) WITHOUT intent to permanently deprive
81
unauthorized activity misc
- use of food stamp cards/coupons - removal of motor vehicle from garage or shop when payment due - unauthorized ordering of goods or services
82
hypo: order a stack of pizzas to your friends house
unauthorized activity through ordering of goods
83
possession of stolen goods
(1) intentional possessing (2) of anything of value (3) which has been the subject of robbery or theft (4) when knew or should have known that the thing was stolen if within 72 hours, writes to DA with information of acquisition of stolen thing, then affirmative defense
84
hypo: illegal possession of stolen firearms
also a type of possession of stolen goods
85
commercial bribery
(1) paying agent without knowledge of principal | (2) with specific intent to influence agent's actions
86
computer crimes
- offenses against destroying or taking intellectual property - computer tampering - computer f raud - offenses against electronic mail
87
hypo: sale of house when disguising a lien on it
disposal of property encumbered by security interest with intent to defeat security interest
88
inchoate crimes general definition
something that is a crime in the process of being made
89
attempt
(1) specific intent to commit crime (2) perp does or omits some act (3) for purpose of and tending directly towards accomplishing object
90
conspiracy
(1) agreement or combination (2) of 2+ persons for specific purpose of committing any crime (3) an overt act in furtherance
91
hypo: ask someone to kill someone, they say no
solicitation for murder if they say yes, then solicitation + conspiracy
92
inciting a felony
(1) inciting or procuring | (2) another person to commit a felony
93
hypo: we are planning to commit a crime, got to walgreens to buy stockings for stocking masks
not yet attempted robbery probably conspiracy has happened though
94
DWI
(1) operating any vehicle (2) with or without drivers license (3) when under influence of alcohol or controlled dangerous substance
95
hypo: speeding around and bumping things in a car
reckless operartion of vehicle
96
hit and run
(1) intentional failure to stop and give identity and render aid (2) at scene of accident
97
disturbing the peace
- fist fight - appearing intoxicate - using offensive or derisive words in public place IF would foreseeably disturb or alarm the public
98
firearm offenses
- possession of premises of alcoholic beverage outlet - possession by convicted felon - supplying known felon with firearm - intentional concealment of firearm or other weapon on one's person - possession while committing crime of violence possession while possessing controlled dangerous substance - possession on campus of school bus
99
resisting officer
(1) intentional interference or resisting lawful arrest (2) resisting officer with force or violence is more serious crime INCLUDES crossing police cordon in person or by drone
100
flight from officer
(1) failure to bring vehicle or boat to stop (2) after visual AND audible signal (3) when officer has probable cause
101
hypo: failure to stop when cop car flashes lights, no sire
not flight from officer
102
aggravated flight from officer
(1) failure to bring vehicle or boat to stop (2) after visual AND audible signal (3) when officer has probable cause (4) if human life endangered
103
obstruction of justice
(1) tampering with evidence (2) or threatening force or retaliation in relation to testimony (3) when act has or reasonably might affect potential criminal proceeding (4) OR persuading not to testify after subpoena
104
accessory after the fact
(1) harbors aids or conceals felon (2) knows or reasonably should known that person committed felony (3) specific intent to help evade punishment
105
compounding felony
(1) getting money from felon | (2) by agreeing to withhold information
106
simple possession
possession of controlled dangerous substance
107
possession with intent
(1) possession of CDS | (2) with intent to distribute
108
hypo: filming a movie in the theater
unauthorized operation of recording device in movie theater
109
hypo: demanding bribes
abuse of office by using office to demand something of value
110
hypo: covertly tracking your ex
illegal use of tracking device note: excludes parents and employers

Criminal Law (6 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions