Day 1 Flashcards by Anthony Sturchio

Statute of Limitations

Starts day after offense is committed

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Homicide

Chapter title ONLY

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Bodily injury

Pain only

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Serious bodily injury

Risk of death / permanent disfigurement

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Significant bodily injury

Temporary loss of function (swollen eye, bloody nose)

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Deadly weapon

Anything used to cause death or SBI

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Murder - 2C:11-3

Purposely knowingly
Cause death
Of another

including injury leading to death

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Felony murder

In commission of 
Robbery
Burglary
Sex assault
Kidnapping 
Arson
Criminal escape 
Terrorism

Unintentionally kill another

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Manslaughter - 2C:11-4

Recklessly
Cause death
Of another

murder committed in the heat of passion is manslaughter

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Aggravated manslaughter

The fucked up factor + manslaughter

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Death by Auto / Vessel - 2C:11-5

“Vehicular homicide”

Recklessly
Driving car/vessel
Cause death

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Leaving scene of fatal MV accident

2C:11-5.1

Know involved in accident
Leave accident
Death caused

dont need to know someone died

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Aiding a suicide - 2C:11-6

Purposely aiding another committing/attempting suicide

Must take a step to aid the person commit the act

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Human cloning - 2C:11A-1

Knowingly engage/assist
Directly/indirectly
Cloning human being

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Persistent offender

Adult 21+ with 2 or more convictions of crimes

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Young adult offenders

Person under 26 YO @ time of sentencing may be sent to reformatory instead of jail

does not apply to crimes with a minimum mandatory sentence

Minimum age for sentencing

17 or under @ time crime was committed

Forfeiture - defendant loses property rights to the following:

Prima facia contraband
Instruments of a crime
Fruits of the crime

LEO may seize

Prima facia contraband
Item threat to public well being/safety
Item needed as evidence

Graves Act - 2C:43-6C

Convicted of using a firearm during commission of a crime must receive 3 year sentence or btwn 1/3 to 1/2 if sentence imposed by court. 4th deg - mandatory 18 month sentence.

ineligible for parole

Statute of limitations

Time from when all elements of crime complete to presented for trial

Crimes with no SOL (MAMSATF)

Murder
Agg manslaughter 
Manslaughters
Sex assault 
Agg sex assault 
Terrorism 
Fugitive from justice

7 year SOL

Official misconduct / Bribery

5 year SOL

Most crimes

Sexual offenses - 5 years from when victim is 18 years old OR 2 years from date of discovery

1 year SOL

DP and PDP offenses

Robbery - 2C:15-1

2nd Degree crime - 1st deg if the actor - attempts to kill someone - purposely / att to cause SBI - uses or threatens to use deadly weapon 1. Inflicts injury or uses force against anyone 2. Puts another in fear of bodily injury 3. Commits or threatens 1st or 2nd deg crime Theft + force = robbery

Carjacking - 2C:15-2

1. Unlawful taking of MV (or attempt) 2. Bodily injury or uses force upon person in control of vehicle OR 1. Threatens occupant/PIC with bod injury 2. Commits/threatens 1st or 2nd deg crime OR 1. Operates vehicle w occupants within still

Inchoate crimes - 2C:5

Incomplete crimes, crimes started but not finished Fills the void when attempt isn't built into the crime

Criminal Attempt - 2C:5-1

Trying to commit a crime and failing to do so 1. Specific intent 2. Actions to commit a crime 3. Failure to commit a crime CRIME ONLY not OFFENSE

Conspiracy - 2C:5-2

Two or more people agree to commit a crime 1. Two or more people 2. Agreement to commit crime 3. Overt / open act to carry out the plan **includes soliciting someone else!!** CRIME ONLY not OFFENSE

Burglary Tools - 2C:5-5

Public plan/instructions or manufacture burglary tools to commit theft offense Includes items to facilitate theft (skimmer, cable signal jacker, conceal license plate from tolls, etc.)

Motor Vehicle Master Keys - 2C:5-6

Possess MV master key or device designated to operate kicks in MV or to start MV without key Offer for sale, sells or gives a MV master key ***specific devices only, spark plug to break window is example of burglar tools!!***

Corpus Delecti

Body of the crime