Elements of Crimes Flashcards Preview

Idaho State Law Codes > Elements of Crimes > Flashcards

Flashcards in Elements of Crimes Deck (27):
1

Five basic elements of crime:

Date, Location, Identity, Act, Intent

2

18-204
Principals of a crime defined

All Persons concerned in the commission of a crime.
This includes those who directly participate in the acts constituting the offense.
This indudes accomplices: any person who before or during its commission intentionally aids, abets, assists, advises, facilitates, promotes, procures, encourages, counsels, solicits, invites, helps or hires another to commit a crime with the intent that it be committed.

3

18-205
Accessories (after the fact)

Having knowledge that a felony has been committed.
Willfully withheld or conceal it from officer.
Or harbor and protect a person who committed, was charged or was convicted of the felony.

4

18-304
Aiding in Misdemeanors

Any person who counsels, aids, solicits, or indices another in the commission of an act is guilty of a misdemeanor.

5

18-306
Attempting to commit a crime

Attempts to commit a crime but fails or is prevented or intercepted.
Requires an intent to commit the offense and a substantial step toward its commission (mere preparation is not enough).
Maximum punishment is one half that possible for the specific completed crime.

6

18-2001
Solicitation of a crime (offer)

Solicit, importune, commands, encourages or requests another to commit a crime.
Requires intent to promote or facilitate its commission.
Incompetence, innocence or ignorance of person solicited is not a defense.
Maximum punishment is one half that possible for the specific completed crime.
If crime is committed, then person would be a principal.

7

18-1701
Conspiracy of a crime (agreement)

Tow or more persons combine or conspire to commit any crime and any one of them commits an overt act toward accomplishing their goal.
The overt act is any act to effect the object of the combination or conspiracy (preparation may be enough).
The overt act of one conspirator is chargeable against the other co-conspirators.
The conspiracy (agreement) may be inferred from conduct.
Conspiracy is its own offense that does not merge into the subject crime. One can be convicted of committing a crime and convicted of conspiracy to commit that same crime.

8

Defenses to crimes

Alibi
No union of act and intent.
Duress
Mistake of fact.
Accident or misfortune.
Entrapment
Intoxication - voluntary intoxication is not a defense.
Insanity - Not a defense but considered when manifesting the required intent.
Self defense - Lawful resistance may be used to protect ones person, another person, or ones property.

9

18-1401
Burglary
Felony

Act: Entry into building, vehicle, etc
Intent: To commit a theft or felony

10

18-7034
Unlawful Entry
Misdemeanor

Act: Entry is non-consensual
Intent: intent general to enter with no intent of theft or felony

11

18-2403
Theft
Misdemeanor

Act: Take, Obtain, Withhold property of another
Intent: To deprive or appropriate

12

18-2407
Grand Theft
Felony

Property taken by extortion (property obtained by instilling fear of physical injury, property damage or use/abuse of public position or official duty.
Property value exceeds $1000
Public Record
Check Draft, Order, Financial transaction card or number
Property taken from the person of another (regardless of value)
Firearms
An animal with value exceeding $150
Anhydrous Ammonia

13

18-3106
Bad checks
Misdemeanor/Felony

Act: Make, Draw, Utter, Deliver Check, Draft, Order
Intent: To defraud AND with knowledge that check was no good.

Grading of Bad Checks:
Felony - No funds, no credit. Closed account for any amount OR Insufficient funds for check written for $250+ singly or as a plan or scheme.
Misdemeanor - < $250 and not part of a scheme

14

18-3123
Forgery of a Financial Transaction Card
Felony

Act: Counterfeit, make, emboss, encode, use another pin in creation of a fictitious or counterfeit sales draft OR sign another name.
Intent: To defraud

15

18-3124
Fraudulent use of a Financial Transaction Card
Misdemeanor/Felony

Act: To knowingly obtain or attempt to obtain credit or to purchase or attempt to purchase goods, property or services by use of any false, fictitious, counterfeit, revoked, expired or fraudulently obtained FTC, FTC account number or issued FTC.
Intent: To defraud
Grading: Felony >$300

16

18-3601
Forgery
Felony

Act: Falsely make, utter, alter, forge, counterfeit, sign, publish, pass or attempt to pass a document
Intent: to defraud, prejudice or damage.

17

18-6501
Robbery
Felony

Act: Taking by means of force or fear
Intent: Permanently deprive owner

18

18-802
Arson - First Degree

Act: Damage of structure that may be occupied by fire or explosion
Intent: Willfully, unlawfully, or intent to deceive or harm insurer or obtain financial gain

19

18-803
Arson - Second Degree

Act: Damage by fire or explosion to a structure not included in First Degree
Intent: Willfully and unlawfully

20

18-904
Arson - Third Degree

Act Damage by fire or explosion to property or land
Intent: Willfully and unlawfully

21

18-7001
Malicious Injury to Property
Misdemeanor/Felony

Act: Injure or destroy any property not entirely his own
Intent: Maliciously (To impart a wish to vex, annoy, injure another, or to do a wrongful act)
Grades: Felony > $1000

22

18-2604
Intimidating a Witness

Act: Directly or indirectly force a witness or potential witness.
Intent: To intimidate, influence, impede, deter, harass, obstruct, prevent or threaten a witness from freely, fully, truthfully testifying.

23

18-7902
Malicious Harassment
Felony

Act: Threaten by word or act physical injury to person or property (With specific intent of race, color, religion, ancestry or origin)
Intent: Maliciously intimidate or Harass (Includes cross burning, graffiti)

24

18-6710
Telephone Threats/Harassment
Misdemeanor

Act: Telephones a person and uses obscene, lewd, indecent, threatening, disturbing language or silence.
Intent: Annoy, terrify, threaten, intimiedate, harass, offend, or disturb the peace, quite or privacy.

25

18-7905
Stalking
Misdemeanor/Felony

Act: Repeatedly follows or harrasses
Intent: Willfully and maliciously
Grading: First offense (M), second or more in seven years (F)

26

18-6409
Disturbing the Peace
Misdemeanor

Act: Making noise, offensive conduct, threatening, challenging, fighting, or firing gun
Intent: Willfully and maliciously

27

18-705
Resisting and obstructing

Willfully resists, delays, or obstructs any public officer or gives a false report.