Criminal Law and Evidence

Question 1

Definition of a Crime

Answer 1

Conduct defined as criminal in the code, other acts of the Legislature, or in the Constitution.

Interpreted to give provisions genuine construction according to fair import of words taken in their usual sense.

Question 2

Definition of Dangerous Weapon

Answer 2

Any instrumentality which, in the manner used, is calculated or likely to produce death or great bodily harm (GBH).

Can be an inherently harmless object, or even an unloaded gun where used as if it were loaded.

Question 3

Principals

Answer 3

People who

1. Commit criminal act, or
2. Aid, abet, counsel, or procure another (PACA “Paco”) to commit a criminal act

Doesn’t matter if at scene or not

Question 4

Accessory After the Fact

Answer 4

A person who:

1. After felony
2. Harbors, conceals, or aids,
3. With actual or constructive knowledge of felony, AND
4. Intent to help avoid punishment

Question 5

Mens Rea

Answer 5

Intent can be either general or specific:

1. General intent is when offender is aware that the criminal consequences were reasonably certain to result from act or omission
2. Specific intent is when offender actively desired cr

Question 6

First Degree Murder

Answer 6

1. The killing of a human being,
2. Where offender had specific intent (SI) to kill or inflict GBH, AND
3. Was:
   (a) engaged in perpetration or attempted perpetration of an enumerated felony, or
   (b) when the crime or offender meets on eof the aggrivating factors

Question 7

Enumerated Felonies for Murder

Answer 7

For both 1st and 2nd degree murder (except for terrorism):

Aggravated Burglary

Aggravated Arson

Aggravated or _2_nd degree _K_idnapping

Aggravated Escape

Aggravated or forcible Rape

Cruelty to juveniles

ARs: Armed, 1st degree, 2nd degree, or simple robbery

Assault by Drive by shooting

Terrorism (ONLY 1st degree murder)

Agg BAK2ER CArDT

Question 8

Aggravating Factors for First Degree Murder

Answer 8

1. Murder for Hire
2. Fireman or law enforcement Officer (murder must be related to status)
3. Victim or family member is Witness
4. Victims under Age 12 or over 65
5. Ritualistic acts
6. Drug distribution or purchase
7. Specific intent to kill Two victims (same act)
8. No-contact Order between perpetrator and victim
9. Prior killing with SI to kill or cause GBH

HOWARD TOP

Question 9

Second Degree Murder

Answer 9

The killing of a human being:

1. When offender has SI to kill or inflict GBH (no aggravating factor)
2. Death during perpetration or attempted perpetration of an enumerated felony (see other card), with NO intent to kill or inflict GBH
3. When offender unlawfully distributes or dispenses a controlled dangerous substance (CDS) which is the direct cause of death of recipient who ingested or consumed it

Note that for attempted murder, must have SI to kill, not just to inflict GBH

Question 10

Manslaughter: two types

Answer 10

1. Homicide that would be murder, but for:
   (a) sudden _P_assion or heat of _B_lood,
   (b) caused by Provocation,
   (c) sufficient to deprive average person of self _C_ontrol and _C_ool reflection, AND

(d) there was no Time for blood to cool
B.PCT

2. Homicide without SI to cause death or GBH, while:
   (a) offender is perpetrating unenumerated felony
   (b) offender is perpetrating an intentional misdemeanor against the person, or
   (c) offender is resisting a lawful arrest (in a manner not inherently dangerous or where it would not be murder)

Question 11

Negligent Homicide

Answer 11

1. Killing by criminal negligence
2. Killing by dog/other animal when owner is reckless and criminal negligent in animal’s confinement or handling (not applicable for police dogs, service dogs, or if victim is an intruder)

Violation of statute is only presumptive evidence of such negligence.

Question 12

Vehicular Homicide

Answer 12

1. Killing of a human being,
2. By offender operating a vehicle, boat, or plane, or other means of conveyance, AND
3. Under the influence of drugs or alcohol

If drugs/alcohol not involved, do NOT use vehicular homicide (instead look to negligent homicide)

Question 13

Criminal Assistance to Suicide

Answer 13

1. Intentional advising, encouraging, or assisting another to commit suicide, OR
2. Providing physical means or knowledge of means to enable another to commit suicide

Question 14

Battery Types

Answer 14

Simple battery: the intentional (a) use of force or violence, or (b) administration of noxious substance, (c) against another, (d) without the consent of the victim.

Aggravated battery: battery, with a dangerous weapon (note that consent doesn’t matter)

Second degree battery: battery, when offender (a) intentionally (SI), (b) inflicts serious bodily injury on victim (does not apply to medical providers)

Aggravated second degree battery: duh, just combine them

Question 15

Miscellaneous Battery

Answer 15

Battery of:
1. Police officer
2. School teacher
3. Referee
4. Corrections officer
5. Bus operator
6. Child welfare worker
7. Infirm
8. Domestic abuse battery
PSR BICCD

Question 16

Serious Bodily Injury

Answer 16

Definition:
1. Substantial Risk of death

2. Unconsciousness
3. Protracted and obvious Disfigurement
4. Protracted loss or Impairment of the function of a bodily member, organ, or mental faculty, OR
5. Extreme physical pain

RUDIE

Question 17

Assault

Answer 17

Simple assault: (a) an attempt to commit a battery, or (b) the intentional placing of another in reasonable apprehension of receiving a battery

Aggravated assault: assault with a dangerous weapon

Aggravated assault with a firearm: aggravated assault committed with a firearm

Question 18

Miscellaneous Assaults

Answer 18

1. Assault by drive by shooting
2. Aggravated assault on peace officer with a firearm (no discharge required)
3. Aggravated assault with motor vehicle on peace officer
4. Use of laser on police officer
5. Assault on school teacher
6. Mingling harmful substances
7. Assault on child welfare worker
8. Aggravated assault on utility worker with a firearm

Question 19

Negligent Injuring Types

Answer 19

General negligent injuring: (a) inflicting injury (b) by criminal negligence

• violation of statute is presumptive evidence of negligence

Negligent animal handling: inflicting of injury by dog or other animal when owner is reckless and criminally negligent in confining the animal

Vehicular negligent injuring: inflicting of injury by person operating a car/boat/plane/other means of conveyance when under the influence of alcohol or drugs

First degree vehicular negligent injuring: same as vehicular negligent injuring, but involves inflicting serious bodily injury

Question 20

Miscellaneous Assault and Battery Offenses

Answer 20

1. Intimidation by officers: threats or violence to get confession from person in custody
2. Terrorizing: intentional communication of information about impending harm to cause fear
3. Stalking: intentional and repeated following or harassing causing alarm or distress, by a person who is not a private investigator
4. Cyberstalking: use of email to extort, threaten, or harass
5. Cyberbullying: transmission to torment a child under 18
6. Cross burning: on property of another or public, with intent to intimidate

STICCC

Question 21

Interference with Child Custody

Answer 21

The intentional taking of a minor by a parent without right of custody, with intent to take child from other parent that has the right of custody.

Question 22

False Imprisonment

Answer 22

General: the (a) intentional confinement or detention of another, (b) without consent, and (c) without proper legal authority

False imprisonment with a dangerous weapon: unlawful intentional detention or confinement of another, while offender is armed with a dangerous weapon

Question 23

Human Trafficking

Answer 23

(a) Recruiting, HArboring, Transporting, or Soliciting, RHATS
(b) a person to provide services or labor
(c) through fraud, force, or coercion

Question 24

Simple Kidnapping

Answer 24

(a) intentional and forcible seizing and carrying of person from one place to another without consent, or
(b) intentional taking for unlawful purpose the child of another, who is under 14, without consent of parent or guardian
(c) intentional taking of institutionalized person without consent of proper authority
(d) intentionally taking a child out of state from custodian with intent to defeat jurisdiction

Question 25

Aggrivated Kidnapping

Answer 25

**Aggravated kidnapping:** 1. Either (a) forcibly Seizing and Carrying from one place to another, (b) Persuading of person to go from one place to another, or (c) forcibly Secreting any person, SCarPS 2. To force someone to give up something of value 3. In order to secure release

Question 26

Robbery (Types)

Answer 26

**Simple robbery** is the (a) taking of anything of value, (b) belonging to another, (c) from the person of another or their immediate control, (d) by the use of force or intimidation, (e) when not armed with a dangerous weapon. **Armed robbery**: same, but while armed with a dangerous weapon **First degree robbery**: same, but when perpetrator leads victim to reasonably believe that he is armed with a dangerous weapon **Second degree robbery**: same as simple, but when offender intentionally inflicts serious bodily injury

Question 27

Carjacking

Answer 27

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

Question 28

Purse Snatching

Answer 28

1. Theft of anything of value 2. Within purse or wallet 3. From the person of another, or their immediate control 4. With force, intimidation, or snatching 5. While NOT armed with a dangerous weapon

Question 29

Extortion

Answer 29

1. Communication of threats to another 2. With intention to obtain anything of value or any advantage (from person or family member)

Question 30

Burglary (all types)

Answer 30

**Simple burglary**: 1. Unauthorized entering 2. of any dwelling, vehicle, other Structure, or cemetary 3. with Intent to commit a Felony or Theft U SIFT **Aggravated burglary**: Simple + 1) armed or becomes armed with a dangerous weapon, OR 2) commits a battery. **Misc. burglary:** Simple + 1. Inhabited dwelling: structure used as a home 2. Pharmacy: unauthorized entry + intent to commit theft of drug 3. Religious bilding 4. Law enforcement or emergency vehicle

Question 31

Unauthorized Entry

Answer 31

Intentional entry without authorization into: 1. an Inhabited dwelling (structure used as a home) 2. Critical infrastructure (completely enclosed by barrier) 3. place of Business (if completely enclosed by a six foot barrier) 4. dwelling during Disaster (unless attempting to rescue or seek refuge) BIC'D Separated from burglary by the lack of intent to commit a felony or theft

Question 32

Looting

Answer 32

1. Intentional entry into any immovable or movable 2. When normal security is not present 3. Because of force majeure or riot 4. To obtain control over, damage, or remove the property of the owner There are enhanced penalties if there is a declared state of emergency

Question 33

Home Invasion

Answer 33

Unauthorized entry of home when person is present with specific intent to use force against the person or to harm property

Question 34

Criminal Trespass

Answer 34

1. Entering or remaining on 2. A movable or immovable 3. Owned by another 4. Without express, legal, or implied authorization Includes entry on or remaining in place after being forbidden Does NOT apply to: police, fire department, EMTs, or government agents

Question 35

Arson: simple (2), agg, misc

Answer 35

**Simple Arson**: (a) intentional damaging of the property of another by explosion or fire without consent, OR (b) unintentional fire or explosion during felony **Aggravated Arson**: the intentional damaging of the property of another by explosion or fire without consent, where it is foreseeable that human life might be endangered **Miscellaneous Arsons**: 1. Simple arson of a religious building 2. Arson with intent to defraud 3. Placing combustible materials near structure, movable, or forestland with specific intent to set fire is an attempted arson 4. Manufacture or possession of a bomb 5. Manufacture or possession of fake explosive device with the intent to influence action of official or officer OR to make a threat during a felony 6. Communicating false info about a planned arson, OR a planned school bombing 7. Injury by arson

Question 36

Criminal Mischief

Answer 36

4. Throwing a **_Mis_**sile in a public place 2. Giving **_F**_alse alarm of _**F_**ire that would reasonably result in emergency response 3. Giving **_F_**alse report of a crime to an officer 7. **G**raffiti on property without consent 5. **_R_**emaining in place of business after being told to leave 6. Discharge of a firearm at a **_T_**rain 1. **_T_**ampering with the property of another without consent with specific intent to interfere with enjoyment or use Mis(chie)FFF Gr(i)TT

Question 37

Criminal Damage to Property (types)

Answer 37

**Simple**: intentional damaging of property without consent other than by fire/explosion **Aggravated**: intentional damaging of structure or movable without consent other than by fire/explosion, where it is foreseeable that human life may be endangered **Miscellaneous**: 1. Criminal damage to a coin operated device 2. Criminal damage to a pipeline facility 3. Criminal damage to genetically engineered crops or facilities 4. Criminal damage to property without the intent to defraud 5. Contaminating water supplies (public or private) 6. Criminal damage by defacing with graffiti

Question 38

Theft

Answer 38

1. Misappropriation or taking (a) without consent, OR (b) by means of fraud 2. Of anything of value belonging to another 3. With SI to permanently deprive MinTy CoiF

Question 39

List of Miscellaneous Thefts

Answer 39

1. Unauthorized use of access **_C_**ard (includes credit and ATM cards, if used with intent to defraud, and includes cards that are forged, revoked, stolen, or borrowed") 2. Theft of: (a) **_L_**ivestock (b) **_A_**nimals (c) **_U_**tility services (d) **_P_**etroleum products (e) **_O_**ilfield geological survey, seisomograph, etc. (f) **_O_**il and gas equipment (g) **_G_**oods (h) **_T_**imber (i) **_Alligator_** (j) **_F_**irearm (k) **_M_**otor vehicle fuel (l) **_A_**nhydrous ammonia (m) **_B_**usiness records (n) **_A_**ssets of an aged or disabled person (o) **_U_**sed building component (p) **_Identity_** (q) failure to pay **_B_**ridge toll (r) **_C_**rawfish (s) utility property (t) motor **_V_**ehicle (u) **_C_**opper from church or graveyard CLAUPOOGTAFMABAUIBCVC CATABOLIC VACCUUM BAG FOP

Question 40

Criminal Fraud

Answer 40

1. issuing worthless Checks (must have SI to defraud and knowledge that checks would bounce when issued) 2. Credit card fraud 3. anti-Skimming of payment card info 4. fraudulent acquisition of rental motor vehicle 5. Cheating or swindling (trick, slight of hand, or fraud in connection with gaming) 6. fraudulent acquisition of a credit card 7. Medicare fraud 8. false accounting in a civil matter 9. refund or access device application fraud 10. fraud in selling agricultural equipment 11. access device fraud 12. fraudulent remuneration 13. use of forged Academic records 14. Home improvement fraud 15. Mortgage fraud CCCS M HAM

Question 41

Unauthorized Activity (Use)

Answer 41

1. Unauthorized use of movable: (a) intentional taking of a movable (b) that belongs to another (c) without consent, or by fraud (d) without intent to permanently deprive (this is difference from theft) 2. Unauthorized use of food stamps 3. Unauthorized removal of motor vehicles from the shop when payment is due 4. Unauthorized ordering of goods or services

Question 42

Possession of Stolen Things

Answer 42

1. Intentional possession 2. of anything of Value 3. which has been the Subject of a robbery or theft 4. When offender Knew or had good reason to believe the thing was stolen VIKS Affirmative defense if offender writes to the DA within 72 hours of acquisition Also have separate crime for illegal possession of stolen firearms

Question 43

Miscellaneous Theft Crimes: 3 things

Answer 43

1. Commercial bribery: (a) paying agent with knowledge of principal (b) SI to influence agent's action 2. Computer crimes: (a) offenses against Intellectual Property (destroying/taking) (b) offenses against computer Equipment or supplies (c) offenses against computer Users (d) computer Fraud (e) offenses against Electronic mail (f) computer Tampering IPEUFET 3. Disposal of property encumbered by security interest with intent to defeat security interest

Question 44

Inchoate Crimes (types)

Answer 44

CIA * *Attempt:** (a) SI to commit crime, where offender (b) does or omits act (c) for the purpose of and tending directly toward accomplishing the object **Conspiracy**: (a) agreement or combination of two or more persons (b) for the specific purpose of committing any crime (c) AND an overt act in furtherance **Inciting a felony**: inciting or procuring another person to commit a felony **Solicitation for murder**

Question 45

Driving While Intoxicated + defense

Answer 45

**DWI**: 1. Operating any vehicle, 2. With or without drivers license, 3. When under the influence of drugs or alcohol (a) BAC .08 or more (b) under influence of controlled dangerous substance It is an affirmative defense that the drugs were lawful but in an excessive dose. It is an affirmative defense that impairment was caused by combo of alcohol and legal drug, when package did not warn of combo.

Question 46

Other Vehicular Crimes

Answer 46

1. Reckless operation of vehicle 2. Hit and run (a) intentional failure (b) to stop and (c) give identity and (d) to render aid at the scene of an accident 3. Forgery of insurance ID card 4. Driving with suspended license

Question 47

Disturbing the Peace

Answer 47

Something that would foreseeably disturb or alarm the public. Includes: 1. Fist fight 2. appearing Intoxicated 3. use of offensive or derisive Words in a public place WIF

Question 48

Firearm Crimes

Answer 48

1. Possession on premises of alcoholic beverage outlet 2. Possession by convicted felon (of crime of violence) 3. Supplying known felon with firearm 4. Intentional concealment of firearm or other weapon on one's person

Question 49

Crimes Involving Interaction with Law Enforcement (types)

Answer 49

1. Resisting an officer (a) intentional interference or resisting lawful arrest (b) resisting with force or violence is a separate and more serious crime 2. Flight from an officer (a) failure to bring boat or vehicle to a stop (b) after visual AND audible signal (c) when officer has probable cause (d) "aggravated" where human life is endangered 3. Filing false complaint against officer for administrative action 4. False impersonation of an officer (including lights, sirens, and badge)

Question 50

After the Fact Crimes

Answer 50

1. Obstruction of justice: (a) tampering with evidence, OR (b) threatening force or retaliation for testimony when it has or reasonably may affect potential criminal proceeding 2. Accessory after the fact: (a) harbors, conceals, or aids felon HACs (b) knows or reasonably should have known that person committed felony (c) SI to avoid punishment 3. Compounding felony: getting money from offender in agreement to withhold information about felony 4. Intimidating witness or member of immediate family

Question 51

Miscellaneous Crimes

Answer 51

1. unauthorized operation of a recording device in Movie theater 2. unlawful sale of morbidly violent Video games 3. keeping Disorderly place (intentional maintenance of place habitually used for illegal purpose) 4. Bear wrestling (intentional promotion or participation) 5. conducting Cockfighting or fighting chickens 6. public display of a Noose to intimidate 7. wearing body Armor to school if not a police officer 8. abuse of Office (using office to demand something of value) 9. unlawful disruption of School operations 10. Bail jumping 11. illegal use of Tracking device (exception for parents and employers) MVDBCNAOST BOAST MCloVN D

Question 52

Types of Defenses

Answer 52

1. Infancy 2. Insanity 3. Intoxication 4. Mistake 5. Duress 6. Justification

Question 53

Defense -- Infancy

Answer 53

Defendant under age 10

Question 54

Defense -- Insanity

Answer 54

McNaughton standard: 1. Defendant incapable of distinguishing between right and wrong 2. Because of mental disease or defect

Question 55

Defense -- Intoxication

Answer 55

Involuntary intoxication: defense if intoxicant was the direct cause of the crime Voluntary intoxication: defense only if intoxicant precluded SI or special knowledge element of crime Otherwise, intoxication is immaterial

Question 56

Defense -- Mistake

Answer 56

Mistake of fact: a reasonable mistake of fact that *precludes a mental element of the crime* is a defense, unless provided otherwise in the statute (like for carnal knowledge) Mistake of law: ignorance of the law is never a defense, unless (a) defendant reasonably relied on act of repeal by legislature, or (b) defendant reasonably relied on judgment of Supreme Court that law was unconstitutional

Question 57

Defense -- Duress

Answer 57

1. Threat of death or great bodily harm to defendant 2. Defendant reasonably believed person was present and harm was imminent NOT a defense to murder

Question 58

Defense -- Justifiable Homicide

Answer 58

1. **Self Defense**: (a) defendant in imminent danger, (b) of receiving GBH, and (c) killing is necessary to save himself Note that aggressor can't claim this unless he withdrew 2. **Prevention of felony**: (a) force was used to prevent violent or forcible felony involving GBH, and (b) defendant had reasonable belief that the offense was imminent and force was necessary to prevent it \*self defense + violent or forcible felony 3. **Shooting of burglar**: (a) defendant used force against person in dwelling, business, or car (b) person was committing burglary or robbery (c) person was reasonably likely to use unlawful force against occupant 4. **Shooting of intruder**: (a) defendant used force against person unlawfully in or attempting to get in dwelling, business, or car (b) defendant was lawfully inside (giving rise to presumption that defendant believed that deadly force was necessary to prevent entry) (c) defendant reasonably believed deadly force was necessary to prevent entry or compel intruder to leave

Question 59

Defense -- Use of Nonlethal force

Answer 59

1. Defendant used force to prevent forcible offense or trespass against property in a person's lawful possession 2. Force was reasonable 3. Force was apparently necessary to prevent offense

Question 60

Defense -- Law Enforcement

Answer 60

Defense that conduct was apparently authorized in reasonable fulfillment of duties

Question 61

Defense of Others

Answer 61

Force is ok if person attacked could have used the same means to protect themselves.

Question 62

Property Crimes Comparison

Answer 62

Criminal Mischief + Damage = Criminal Damage to Property Criminal Damage to Property + Fire/Explosion = Arson Arson + Endangering Human Life = Aggravated Arson

Question 63

Taking Crimes Comparison

Answer 63

Taking Property + Value + Belonging to Another - Consent = Basic Taking Basic Taking + (Fraud possibility) = Unauthorized Activity Unauthorized Activity + SI to Permanently Deprive = Theft Theft + From Person or Immediate Control = Simple Robbery Simple Robbery + "Weapon" = 1st Degree Robbery Simple Robbery + SBI = 2nd Degree Robbery Simple Robbery + Weapon + Force/Intimidation = Armed Robbery Theft/Felony + Unauthorized Entering + Dwelling/Vehicle/Structure = Simple Burglary

Question 64

Miscellaneous Theft Crimes: Commercial bribery:

Answer 64

(a) paying agent with knowledge of principal (b) SI to influence agent's action

Question 65

Miscellaneous Theft Crimes: Computer crimes:

Answer 65

(a) offenses against Intellectual Property (destroying/taking) (b) offenses against computer Equipment or supplies

Question 66

Second Degree Kidnapping

Answer 66

**Second degree kidnapping**: 1. Either (a) forcibly seizing and carrying from one place to another, (b) persuading of person to go from one place to another, or (c) forcibly secreting any person, 2. When victim is: SAW fFf(i)T (a) used as **_S_**hield or hostage (b) injured or sexually **_A_**bused (c) imprisoned when offender has or suggests he has a dangerous **_W_**eapon (d) used to facilitate **_fFf_**elony or flight from felony (e) imprisoned for 72+ hours (**_T_**ime)

Question 67

Aggrivated Kidnapping of a Child

Answer 67

**Aggravated kidnapping of child**: 1. The taking, enticing, or removing (TREnt) of child under 13 from a location 2. For unlawful purpose 3. By offender who is not a parent, grandparent, or guardian 4. With intent to secret child from parent/guardian

Question 68

Types of Kidnapping

Answer 68

1. Simple Kidnapping – intentional or forcible seizing and carrying of any person from one place to another w/o his consent (+ kid under 14 for unlawful purpose) 2. Aggravated Kidnapping – simple k/imprisonment with intent to force victim or another to give something of value to secure release 3. Aggrivated Kidnapping of Child 4. 2nd degree Kidnapping – kidnapping + victim is shield/hostage, facilitating felony or flight therefrom, physically injured/sexually abused, \> 72 hrs, dangerous weapon or victim reasonably believes

Question 69

General Negligent Injurying

Answer 69

**General negligent injuring**: (a) inflicting injury (b) by criminal negligence - violation of statute is presumptive evidence of negligence

Question 70

Negligent Animal Handling

Answer 70

**Negligent animal handling**: inflicting of injury by dog or other animal when owner is reckless and criminally negligent in confining the animal

Question 71

Vehicular Negligent Injuring

Answer 71

**Vehicular negligent injuring**: inflicting of injury by person operating a car/boat/plane/other means of conveyance when under the influence of alcohol or drugs **First degree vehicular negligent injuring**: same as vehicular negligent injuring, but involves inflicting serious bodily injury

Question 72

Simple Battery

Answer 72

**Simple battery**: the intentional (a) use of force or violence, or (b) administration of noxious substance, (c) against another, (d) without the consent of the victim.

Question 73

Aggrivated Battery

Answer 73

**Aggravated battery**: battery, with a dangerous weapon (note that consent doesn't matter)

Question 74

Second Degree Battery

Answer 74

**Second degree battery**: battery, when offender (a) intentionally (SI), (b) inflicts serious bodily injury on victim (does not apply to medical providers) **Aggravated second degree battery**: duh, just combine them

Question 75

Resisting an Officer

Answer 75

1. Resisting an officer (a) intentional interference or resisting lawful arrest (b) resisting with force or violence is a separate and more serious crime

Question 76

Flight From an Officer

Answer 76

Flight from an officer (a) failure to bring boat or vehicle to a stop (b) after visual AND audible signal (c) when officer has probable cause (d) "aggravated" where human life is endangered

Question 77

Simple Robbery

Answer 77

**Simple robbery** is the (a) taking of anything of value, (b) belonging to another, (c) from the person of another or their immediate control, (d) by the use of force or intimidation, (e) when not armed with a dangerous weapon.

Question 78

Armed Robbery

Answer 78

**Armed robbery**: Simple robbery, but while armed with a dangerous weapon

Question 79

First Degree Robbery

Answer 79

**First degree robbery**: Simple robbery, but when perpetrator leads victim to reasonably believe that he is armed with a dangerous weapon

Question 80

Second Degree Robbery

Answer 80

**Second degree robbery**: Simple robbery, but when offender intentionally inflicts serious bodily injury

Question 81

Attempt

Answer 81

CIA * *Attempt:** (a) SI to commit crime, where offender (b) does or omits act (c) for the purpose of and tending directly toward accomplishing the object

Question 82

Conspiracy

Answer 82

* *Conspiracy**: (a) agreement or combination of two or more persons (b) for the specific purpose of committing any crime (c) AND an overt act in furtherance

Question 83

Inciting a Felony

Answer 83

**Inciting a felony**: inciting or procuring another person to commit a felony

Question 84

Simple Criminal Damage to Property

Answer 84

**Simple**: intentional damaging of property without consent other than by fire/explosion **Aggravated**: intentional damaging of structure or movable without consent other than by fire/explosion, where it is foreseeable that human life may be endangered **Miscellaneous**: 1. Criminal damage to a coin operated device 2. Criminal damage to a pipeline facility 3. Criminal damage to genetically engineered crops or facilities 4. Criminal damage to property without the intent to defraud 5. Contaminating water supplies (public or private) 6. Criminal damage by defacing with graffiti

Question 85

Aggrivated Criminal Damage to Property

Answer 85

**Aggravated**: intentional damaging of structure or movable without consent other than by fire/explosion, where it is foreseeable that human life may be endangered

Question 86

Misc. Criminal Damage to Property Crimes

Answer 86

**Miscellaneous**: 1. Criminal damage to a coin operated device 2. Criminal damage to a pipeline facility 3. Criminal damage to genetically engineered crops or facilities 4. Criminal damage to property without the intent to defraud 5. Contaminating water supplies (public or private) 6. Criminal damage by defacing with graffiti