Elements of crime and Idaho crimes

Question 1

37-2734A. Drug paraphernalia use or possess with intent to use

Answer 1

It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant

Question 2

18-8001 Driving without privileges

Answer 2

Driving with suspended, revoked or disqualified drivers license.

Question 3

18-903 Battery

Answer 3

Willful and unlawful use of force or violence upon the person of another

Actual, intentional and unlawful touching or striking of another person against the will of the other

Question 4

37-2732. Possession of Marijuana

Answer 4

Possession of Marijuana

Question 5

18-7001. Malicious injury to property

Answer 5

Misdemeanor- Under $1000 in damages
Felony- Over $1000 in damages

Question 6

18-4626. Willful concealment

Answer 6

Misdemeanor- A person, without authority, willfully conceals the goods or merchandise of any store or merchant, while still on the store premises.

Question 7

49-227. Operating a vehicle without owners consent

Answer 7

Misdemeanor- A person who operates a vehicle, not his own, without the consent of the owner, and with the intent to temporarily to deprive the owner of possession.

A person may not rely on a vehicle owner’s previous consent to use the same vehicle.

Question 8

18-6501 Robbery

Answer 8

Felony- The taking of personal property in the possession of another from his person or immediate presence, and against his will, accomplished by means of force or fear.

Question 9

18-3601. Forgery

Answer 9

Felony- Falsely makes, alters, forges or counterfeits (virtually any document), OR forges handwriting OR passes a bad check

Question 10

18-3124. Fraudulent use of a financial transaction card

Answer 10

Fraudulent use of a financial transaction card

Question 11

18-2403(1) Theft

Answer 11

Intent to deprive another of property

Question 12

18-1401. Burglary

Answer 12

Felony-Any person who enters any building or structure with intent to commit any theft or any felony.

Question 13

18-1406. Possession of Burglarious Instruments

Answer 13

Misdemeanor- Possesses things like lock picks, etc., without a license, and with the intent to feloniously break into a building.

Question 14

18-918

Answer 14

Domestic violence

Question 15

18-8004. Driving under the influence

Answer 15

Misdemeanor-
Regular over .08
Commercial vehicle .02-.08
Under 21 .02-.08
Excessive .20 or above

Felony- Third DUI in ten years, or second excessive in five years

Question 16

18-924. Sexual Battery

Answer 16

Misdemeanor- Unlawful touching of a person’s “intimate parts,”

Question 17

18-925. Aggravated sexual battery

Answer 17

Felony- Aggravating factors (use of deadly weapon, acid, etc.)

Question 18

18-923. Attempted Strangulation

Answer 18

Felony- Any person who willfully and unlawfully chokes or attempts to strangle a household member, or a person with whom he or she has or had a dating relationship.

Question 19

18-4506. Child custody indifference

Answer 19

Takes, entices away, keeps or withholds any minor child from a parent or institution having custody, joint custody, visitation or other rights; or
Takes, entices away, keeps or withholds a minor child from a parent after commencement of an action relating to child visitation or custody but prior to the issuance of an order determining custody or visitation rights.

Felony- Child taken out of state or not voluntarily returned.

Misdemeanor- Child stays in state and is returned unharmed prior to arrest.

Question 20

18-1501. Injury to children

Answer 20

Felony- Any person who places a child in conditions likely to produce great bodily harm or death, and: willfully causes or permits any child to suffer, or inflicts unjustifiable physical pain or mental suffering, the person has care or custody of any child, and willfully causes or permits the person or health of such child to be injured, or willfully causes or permits such child to be placed in such situation that its person or health is endangered.

Misdemeanor- No threat of great bodily harm

Question 21

18-1508. Lewd and lascivious conduct

Answer 21

Felony- Commit any lewd or lascivious act upon or with the body or part of a minor child under 16 years old, including genital-genital, oral-genital, anal-genital, manual-anal, or manual-genital contact, or involve such minor child in bestiality/sadomasochism, with the intent of arousing, appealing to or gratifying the lusts passions or desires of the person, child, or third party.

Question 22

18-802. 1st degree arson

Answer 22

Felony- Any person who willfully and unlawfully, by fire or explosion, damages any dwelling or structure, whether occupied or not, but in which persons are normally present or there is reason to believe persons are present.

Question 23

18-803. 2nd degree arson

Answer 23

Felony- Any person who willfully and unlawfully, by fire or explosion, damages any structure not described in 18-802 (1st degree arson).

Question 24

18-804. 3rd degree arson

Answer 24

Felony- Any person who willfully and unlawfully, by fire or explosion, damages any real or personal property (not a structure) or forest land.

Question 25

18-8005. Aggravated arson

Answer 25

Felony- If a perpetrator commits first, second or third degree arson, and it results in great bodily harm, permanent disfigurement, permanent disability, or death of a firefighter or any other person, regardless of whether the perpetrator intended to harm the victim

Question 26

18-7008. Trespass

Answer 26

Person commits criminal trespass when he enters and remains on the real property of another without permission, knowing or with reason to know that his presence is not permitted. A person has reason to know that his presence is not permitted on real property when: (1.)The property is reasonably associated with a residence or place of business; (2.)The property is cultivated; (3.)The property is fenced or enclosed; or (4.) The property has “no trespassing” signs. Infraction – No damage to property and trespasser leaves when asked by landowner/agent. Misdemeanor – Trespasser does not leave when asked to by landowner/agent and/or damage to property in any amount is caused. Felony – Two prior misdemeanor offenses within 10 years and damage is greater than $1000.

Question 27

18-901. Assault

Answer 27

Misdemeanor- Threatening violence and has the ability to carryout the action they are threating.

Question 28

18-905. Aggravated Assault

Answer 28

Felony- Threatening harm with deadly weapon.

Question 29

18-4501. Kidnapping

Answer 29

Felony-Seize a person and keep them against their will Lead/Entice a Child under 16 with intent to steal something from or conceal the child from his or her parent or guardian

Question 30

18-4001. Homicide

Answer 30

Felony- Murder is the unlawful killing of a human being with malice aforethought, or the intentional application of torture to a human being, which results in death.

Question 31

18-7905. Stalking

Answer 31

Seriously annoy or harass victim, cause person to be in fear of death or serious physical injury. Felony- 1st degree-Violation of restraining order, on probation or parole, has deadly weapon, victim is under 16, previously convicted of stalking. Misdemeanor- 2nd-Staling without any of these circumstances above.

Question 32

18-705. Resisting or obstructing officers

Answer 32

Misdemeanor- Willfully resists, delays or obstructs a public officer in the discharge or attempt to discharge any duty or knowingly makes a false report to any peace officer.

Question 33

18-7902. Malicious Harassment

Answer 33

Felony- With the specific intent to intimidate or harass another person because of that person’s race, color, religion, ancestry or national origin, to maliciously:

Question 34

18-1701. Conspiracy

Answer 34

Two or more persons agree to commit any crime and one of the persons commits the crime the other one conspired. Punishment would be the same as person who committed the crime.

Question 35

18-2001. Solicitation

Answer 35

With the purpose of promoting or facilitating the commission, the person solicits, importunes, commands, encourages or requests another person to engage in specific conduct which would constitute such crime or an attempt.

Question 36

18-306. Attempt

Answer 36

Person tries to commit an underlying crime, but fails/ is prevented.

Question 37

18-7034. Unlawful entry

Answer 37

Misdemeanor- Every person, except under landlord-tenant relationship, who enters any dwelling house, apartment, tenement, shop, etc., without the consent of the owner of such property or his agent or any person in lawful possession thereof.

Question 38

Must be in every report

Answer 38

1. Location 2. Occurrence (crime-specific elements) 3. Venue 4. Identity 5. Date

Question 39

Elements of a crime

Answer 39

Date When Location Where Identity Who Act/omission What Intent Why

Question 40

Aggravated battery

Answer 40

Battery but used a deadly weapon or causes great bodily harm or disfigurement.

Question 41

18-2407(1)(a). Grand theft

Answer 41

Theft by installing fear or by use of extortion.

Question 42

19-2407(2) Petit Theft

Answer 42

Value does not exceed $1000 and does not meet requirements for grand theft.