Criminal Law Flashcards

Question

Stalking

Answer 1

Intentional and repeated following or harassing causing alarm or distress Not private investigations

Answer 2

Use of email to extort, threaten, harass

Answer 3

Transmission to torment one under 18

Answer 4

On property of another or public, with intent to intimidate

Answer 5

1) Taking of anything of value 2) Belonging to another 3) From a) the person OR b) their immediate control 4) By use of force or intimidation 5) While armed with a dangerous weapon

Answer 6

1) Taking of anything of value 2) Belonging to another 3) From a) the person OR b) their immediate control 4) By use of force or intimidation 5) perp leads victim to reasonably believe he is armed with a dangerous weapon

Answer 7

1) Taking of anything of value 2) Belonging to another 3) From a) the person OR b) their immediate control 4) Perp intentionally inflicts serious bodily injury

Answer 8

1) Taking of anything of value 2) Belonging to another 3) From a) the person OR b) their immediate control 4) Not armed with a dangerous weapon

Answer 9

Carjacking, purse snatching, extortion

Answer 10

1) Intentional taking of motor vehicle 2) Belonging to another 3) In presence of person in possession of the vehicle 4) By use of force or intimidation

Answer 11

1) Theft of anything of value 2) Within purse or wallet 3) From another person OR in their immediate control 4) By force, intimidation or snatching 5) While not armed with a dangerous weapon

Answer 12

Communication of threats to another with the intention to obtain anything of value or any advantage

Answer 13

-Intentionally and forcibly seizing and carrying of one person from place to another without consent -Intentional taking for unlawful purpose the child of another under 14 without consent of a parent or guardian -Intentionally taking a child out of state from custodian with the intent to defeat jurisdiction

Answer 14

Either 1) forcibly seizing and carrying from one place to another 2) persuading of a person to go from one place to another 3) forcibly secreting anything person When the victim is 1) used as a shield or hostage 2) used to facilitate felony or flight from felony 3) injured or sexually abused 4) imprisoned for 72+ hours 5) imprisoned when perp has or suggests he has a dangerous weapon

Answer 15

Either 1) forcibly seizing and carrying from one place to another 2) persuading of a person to go from one place to another 3) forcibly secreting anything person 1) To force someone to give up something of value or 2) In order to secure release

Answer 16

1) Intentional confinement or detention of another 2) Without consent 3) And without proper legal authority

Answer 17

1) Unlawful intentional confinement of another 2) While perp armed with a dangerous weapon

Answer 18

Intentional taking of a minor by parent without right of custody, with the intent to take child from the other parent with the right of custody

Answer 19

1) Unauthorized entry 2) Of any dwelling, vehicle, other structure, or cemetary 3) with the intent to commit a felony or theft

Answer 20

1) Unauthorized entry 2) Of a structure used as a home 3) With the intent to commit a felony or theft therein

Answer 21

1) Unauthorized entry 2) With intent to commit theft of a drug

Answer 22

1) Intentional entry without authority 2) Completely enclosed by barrier

Answer 23

1) Unauthorized entry 2) Of structure used as a home

Answer 24

-If completely enclosed by 6ft barrier

Answer 25

-Unless attempting rescue or refuge

Answer 26

1) Unauthorized entry of a home when a person is present 2) with specific intent to use force against a person or harm property

Answer 27

Entry on or remaining in place after being forbidden

Answer 28

1) Entering or remaining 2) Movable or immovable 3) Owned by another 4) Without express, legal or implied authorization *But OKAY if police, fire, EMT, or govt agent

Answer 29

1) Intentional entry of any movable or immovable 2) When normal security is not present 3) Because of force majeur or riot *Enhanced penalties if "state of emergency"

Answer 30

1) Intentionally damaging by explosion or fire of property without consent OR 2) Unintentional fire or explosion during a felony

Answer 31

1) Intentionally damaging by explosion or fire of structure or movable 2) Foreseeable that human life might be endangered

Answer 32

-Placing combustable materials near structure, movable, or forestland with specific intent to set fire -Manufacture of delayed action incendiary devices -Manufacturing or possession of a bomb -Manufacturing or possession of fake explosive device with intent to influence action of official or officer OR to make threat during a felony -Communicating false information regarding planned arson -Communicating false information regarding planned bombing at school -Injury by arson

Answer 33

-Tampering with property of another with out consent with specific intent to interfere with the enjoyment or use -Giving false alarm or fire that would reasonably result in emergency response -Giving false report of crime to an officer -Throwing missile in public place -Remaining in place of business after being told to leave -Discharge of a firearm at train -Graffiti on property without consent

Answer 34

1) Intentional damaging or property without consent 2) Other than by fire or explosion

Answer 35

1) Intentional damaging of structure or movable other than by fire or explosion 2) Foreseeable that human life might be endangered

Answer 36

-Criminal damage to coin operated device -Criminal damage to pipeline facility -Criminal damage to genetically engineered crops/facilities -Damage to property with the intent to defraud -Contaminating water supplies -Criminal damage by defacing with graffiti

Answer 37

1) Misappropriation or taking without consent OR by means of fraud 2) Anything of value belonging to another 3) With the specific intent to permanently deprive (inferred for theft from merchant)

Answer 38

-including credit and ATM cards = theft if used with intent to defraud -includes forged, revoked, stolen, and borrowed cards

Answer 39

-Theft of livestock; animals'; alligator; crawfish -Theft of utility services; utility property -Theft of petroleum products -Theft of oilfield geological survey, seismograph -Theft of oil and gas equipment -Theft of goods -Theft of timber -Theft of firearm -Theft of motor vehicle fuel -Theft of anhydrous ammonia -Theft of a business record -Theft of assets of a disabled or aged person -Theft of a used building component -Identity Theft -Failure to pay bridge toll -Theft of motor vehicle -Theft of copper from church or graveyard

Answer 40

1) Paying agent with knowledge of principal 2) with specific intent to influence agent's actions

Answer 41

-offenses against IP (destroying or taking) -offense against computer equipment or supplies -offense against computer users -computer fraud -offenses against electronic mail -computer tampering

Answer 42

-issuing worthless checks -credit card -cheating and swindling -medicare -mortgage -home improvement

Answer 43

1) Intentional taking or use of a movable 2) that belongs to another 3) either without consent OR by fraud 4) without the intent to permanently deprive

Answer 44

1) Intentional possessing of anything of value 2) which has been the subject of robbery or theft 3) when perp knew or had good reason to believe the thing was stolen *affirmative defense if you write to the DA within 72 hours of acquisition

Answer 45

1) Specific intent to commit crime 2) does or omits act 3) for purpose of and tending directly toward accomplishing object

Answer 46

1) agreement or combination 2) of 2+ persons for specific purpose of committing any crime 3) an overt act in futherance

Answer 47

1) inciting or procuring 2) another person to commit a felony

Answer 48

1) operating any vehicle with or without a driver's license when 2) under the influence of alcohol, BAC =.08+, under the influence of a controlled dangerous substance, under the influence of a lawful drug in an excessive dose, under the influence of a combo of alcohol and legal drugs unless the package does not warn against the combo

Answer 49

Intentional failure to stop and give identity and to render aid at the scene of an accident

Answer 50

Fist fighting, appearing intoxicated, use of offensive or derisive words in public place if it would foreseeable disturb or alarm the public

Answer 51

D is less than 10 years old

Answer 52

D incapable of distinguishing between right and wrong because of a mental disease or defect

Answer 53

Defense if intoxicant was direct cause of the crime

Answer 54

Defense only if intoxicant precluded specific intent or special knowledge element of the crime

Answer 55

Reasonable mistake of fact that precludes mental element is a defense unless provided otherwise in the statute

Answer 56

Ignorance of the law is no defense Unless 1) defendant reasonably relied on act of repeal by the legislature OR 2) defendant reasonably relied on judgment of Supreme Court law that was unconstitutional

Answer 57

Threat of death or great bodily harm to defendant Defendant reasonably believed person is present and harm is imminent Not a defense to murder

Answer 58

Defendant in imminent danger of receiving great bodily harm and killing was necessary to save themself Aggressor cannot claim self defense unless prior withdrawal

Answer 59

Forced used to prevent violent or forcible felony involving great bodily harm, defendant had reasonable belief that the offense was imminent, defendant had reasonable belief that force was necessary to prevent

Answer 60

1) Defendant used force against person in dwelling, business, or car 2) Person was committing burglary or robbery 3) Person was reasonably likely to use unlawful force vs an occupant

Answer 61

1) Defendant used force against person unlawfully in or attempting to get in dwelling, business or car 2) Defendant was lawfully inside 3) Defendant reasonably believes deadly force necessary to prevent entry or compel intruder to leave Presumption: If lawfully inside the believe in necessary to prevent entry is presumed

Answer 62

Defendant used force to prevent forcible offense or trespass against property in a person's lawful possession Force was reasonable and apparently necessary to prevent offense Defendant lawfully in the dwelling etc vs person attempting entry and defendant reasonably believes necessary to prevent entry or compel to leave

Answer 63

Force OK if person attacked could have used the same means

Answer 64

Conduct apparently authorized while in reasonable fulfillment of duties

Criminal Law Flashcards

(98 cards)