ELEMENTS OF CRIMES

Question 1

RULES OF THE ROAD

Answer 1

1. OPERATING A MOTOR VEHICLE
2. AFTER HAVING RECEIVED VISUAL OR AUDIBLE SIGNAL FROM A TRAFFIC OFFER OR MARKED POLICE VEHICLE.
3. KNOWINGLY FLEE OR ATTEMPT TO ELUDE SAID OFFICER.
4. BY WILLFUL OR WANTON DISREGARD OF SUCH SIGNAL.
5. SO AS TO INTERFERE WITH OR ENDAGER THE OPERATION OF THE POLICE VEHICLE OR THE TRAFFIC OFFICER OR OTHER VEHICLES OR PEDESTRIANS.
6. AND SHALL NOT INCREASE HIS/HER SPEED OR EXTINGUISH HER/HER LIGHTS IN AN ATTEMPT TO ELUDE OR FLEE.

Question 2

PARTIES TO CRIME

Answer 2

• EITHER DIRECTLY COMMITTING THE CRIME
• OR INTENTIONALLY AIDING AND ABETTING ITS COMMISSION
• OR BEING A PARTY TO A CONSPIRACY WITH ANOTHER OT COMMIT IT.
• OR ADVISING, HIRING, COUNSELING OR PROCURING ANOTHER TO COMMIT IT.
• OR BEING A PARTY TO ANY OTHER CRIME IN PURSURANCE OF THE INTENDED CRIME, WHICH OTHER CRIME IS A NATURAL AND PROBABLE CONSEQUENCE OF THE INTENDED CRIME UNDER THE CIRCUMSTANCES.

Question 3

HOMICIDE-INTENTIONAL-FIRST DEGREE (CLASS A FELONY/PENALTY:LIFE IMPRISONMENT)

Answer 3

• CAUSING DEATH
• OF ANOTHER HUMAN BEING
• INTENDING TO KILL THAT PERSON OR ANOTHER

Question 4

HOMICIDE-RECKLESS-FIRST DEGREE (CLASS B FELONY/PENALTY: IMPRISONMENT NOT TO EXCEED 60 YEARS)

Answer 4

• RECKLESSLY CAUSING DEATH
• OF ANOTHER HUMAN BEING
• UNDER CIRCUMSTANCES WHICH SHOW UTTER DISREGARD FOR HUMAN LIFE
• OR CAUSES DEATH OF ANOTHER HUMAN BEING BY MANUFACTURING OR DELIVERING A CONTROLLED SUBSTANCE WHICH ANOTHER HUMAN BEING USES AND DIES AS A RESULT OF THAT USE

Question 5

FELONY MURDER (15 YEAR ENHANCEMENT PENALTY TO MAXIMUM PENALTY FOR ACCOMPANYING FELONY)

Answer 5

• CAUSING DEATH
• OF ANOTHER HUMAN BEING
• WHILE COMMITTING OR ATTEMPTING TO COMMIT:
  1. SEXUAL ASSAULT
  2. ARSON
  3. ARMED ROBBERY
  4. BURGLARY

Question 6

HOMICIDE-INTENTIONAL-SECOND DEGREE (CLASS B FELONY/PENALTY: IMPRISONMENT NOT TO EXCEED 60 YEARS):

Answer 6

• INTENTIONALLY CAUSING DEATH OF ANOTHER HUMAN BEING
• BUT THE STATE CANNOT PROVE BEYOND A REASONBALE DOUBT THAT THE KILLING WAS NOT MOTIVATED BY:
  1. PROVOCATION
  2. UNNECESSARY AND UNREASONABLE DEFENSIVE FORCE
  3. UNNECESSARY AND UN REASONABLE BELIEF OF PREVENTION OF FELONY
  4. COERCION

Question 7

HOMICIDE BY INTOXICATED USE OF A VEHICLE (CLASS D FELONY/PENALTY: IMPRISONMENT NOT TO EXCEED 25 YEARS AND OR A FINE NOT TO EXCEED $100,000)

Answer 7

• OPERATING OR HANDLING A VEHICLE
• WHILE UNDER THE INFLUENCE OF AN INTOXICANT OR WHILE THE PERSON HAS A BLOOD ALCOHOL CONCENTRATION OF .08% OR MORE, OR .02% OR MORE IF THE DRIVER HAS THREE OR MORE CONVICTIONS
• SO AS TO CAUSE THE DEATH OF ANOTHER

Question 8

BATTERY (CLASS A MISDEMEANOR)

Answer 8

CAUSING BODILY HARM
TO ANOTHER
WITHOUT HIS/HER CONSENT
BY AN ACT DONE WITH INTENT TO CAUSE SAME TO THAT PERSON OR ANOTHER

Question 9

BATTERY AGGRAVATED (CLASS E FELONY)

Answer 9

CAUSING GREAT BODILY HARM
TO ANOTHER
BY AN ACT DONE WITH INTENT TO CAUSE SAME TO THAT PERSON OR ANOTHER

Question 10

BATTERY SUBSTANTIAL HARM (CLASS I FELONY)

Answer 10

CAUSING SUBSTANTIAL BODILY HARM
TO ANOTHER
WITH INTENT TO CAUSE BODILY HARM TO THAT PERSON OR ANOTHER

Question 11

BATTERY TO LAW ENFORCEMENT OFFICERS OR FIRE FIGHTERS (CLASS H FELONY)

Answer 11

INTENTIONALLY CAUSING
BODILY HARM
TO A LAW ENFORCEMENT OFFICER OR FIRE FIGHTER
WHO IS ACTING IN OFFICIAL CAPACITY
WHOM THE ACTOR KNOWS OR HAS REASON TO KNOW IS SUCH OFFICIAL
BY AN ACT DONE WITHOUT THE VICTIM’S CONSENT

Question 12

MAYHEM (CLASS C FELONY)

Answer 12

CUTTING OR MUTILATING
THE TONGUE, EYE, EAR, NOSE, LIP, LIMB OR OTHER BODILY MEMBER OF ANOTHER
INTENDING TO DISABLE OR DISFIGURE THAT PERSON

Question 13

SEXUAL ASSAULT-FIRST DEGREE (CLASS B FELONY)

Answer 13

HAVING SEXUAL CONTACT OR SEXUAL INTERCOURSE
WITH ANOTHER PERSON
WITHOUT THE VICTIM’S CONSENT
EITHER CAUSING PREGNANCY OR GREAT BODILY HARM TO THE VICTIM
OR BY USE OR THREAT OF A DANGEROUS WEAPON OR ANY ARTICLE USED OR FASHIONED IN A MANNER TO LEAD THE VICTIM REASONABLY TO BEILEVE IT TO BE SUCH
OR BY USE OR THREAT OF FORCE OR VIOLENCE
WHILE AIDED OR ABETTED BY ONE OR MORE PERSONS

Question 14

SEXUAL ASSAULT-SECOND DEGREE (CLASS C FELONY)

Answer 14

1. HAVING SEXUAL CONTACT OR SEXUAL INTERCOURSE
   WITH ANOTHER PERSON
   WITHOUT THE VICTIM’S CONSENT
   EITHER BY USE OR THREAT OF FORCE OR VIOLENCE
   OR CAUSING INJURY, ILLNESS, DISEASE OR LOSS OR IMPAIRMENT OF A SEXUAL OR REPRODUCTIVE ORGAN OR MENTAL ANGUISH REQUIRING PSYCHIATRIC CARE FOR THE VICTIM
2. HAVING SEXUAL CONTACT OR SEXUAL INTERCOURSE
   WITH ANOTHER PERSON
   EITHER WHO SUFFERS FROM A MENTAL ILLNESS OR DEFICIENCY WHICH RENDERS THE VICTIM EMPORARILY OR PERMANENTLY INCAPABLE OF APPRAISING THE PERSON’S CONDUCT, AND THE ACTOR KNOWS OF SUCH CONDITIONOR WHOM THE ACTOR KNOWS IS UNCONSCIOUS
   OR THE PERPETRATOR IS AN EMPLOYEE OF AN IN-PATIENT FACILITY OR A STATE TREATMENT FACILITY AND THE VICTM IS A PERSON WHO IS A PATIENT OR RESIDENT OF THE FACILITY
   WITHOUT THE VICTIM’S CONSENT

Question 15

SEXUAL ASSAULT-THIRD DEGREE (CLASS G FELONY)

Answer 15

HAVING SEXUAL INTERCOURSE
WITH ANOTHER PERSON
WITHOUT THE VICTIM’S CONSENT

Question 16

SEXUAL ASSAULT-FOURTH DEGREE (CLASS A MISDEMEANOR)

Answer 16

HAVING SEXUAL CONTACT
WITH ANOTHER PERSON
WITHOUT THE VICTIM’S CONSENT

Question 17

SEXUAL CONTACT

Answer 17

ANY INTENTIONAL TOUCHING OF THE INTIMATE PARTS (BREAST, BUTTOCK, ANUS, PENIS, VAGINA, OR PUBLIC MOUND), CLOTHED OR UNCLOTHED, OF A PERSON T THE INTIMATE PARTS, CLOTHED, OR UNCLOTHED, OF ANOTHER, OR THE INTENTIONAL TOUCHING BY HAND, MOUTH OR OBJECT OF THE INTIMATE PARTS, CLOTHED OR UNCLOTHED, OF ANOTHER, IF SUCH TOUCHING CAN REASONABLY BE CONSTRUED AS BEING FOR SEXUAL AROUSAL OR GRATIFICATION, OR IF IT CONTAINS THE ELEMENTS OF ACTUAL OR ATTEMPTED BATTERY.

Question 18

SEXUAL INTERCOURSE

Answer 18

VULVAR PENETRATION, CUNNILINGUS, FELLATIO, ANAL INTERCOURSE OR ANY OTHER INTRUSION, HOWEVER SLIGHT, OF ANY PART OF A PERSON’S BODY OR OBJECT INTO THE GENITAL OR ANAL OPENING OF ANOTHER BY THE DEFENDANT OR UPON THE DEFENDANT’S INSTRUCTION. THE EMISSION OF SEMENT IS NOT REQUIRED.

Question 19

INJURY BY NEGLIGENT HANDLING OF DANGEROUS WEAPON, EXPLOSIVES OR FIRE (CLASS I FELONY)

Answer 19

OPERATING OR HANDLING A DANGEROUS WEAPON, EXPLOSIVES OR FIRE

IN A NEGLIGENT MANNER CAUSING BODILY HARM TO ANOTHER

Question 20

INJURY BY INTOXICATED USE OF A VEHICLE (CLASSF FELONY)

Answer 20

OPERATING A VEHICLE
WHILE UNDER THE INFLUENCE OF AN INTOXICANT, OR WHILE THE PESON HAS A BLOOD ALCOHOL CONCENTRATION OF .08% OR MORE, OR .02% OR MORE IF THE DRIVER HAS THREE PRIOR OWI CONVICTIONS
CAUSING GREAT BODILY HARM TO ANOTHER HUMAN BEING

Question 21

FALSE IMPRISONMENT (CLASS H FELONY)

Answer 21

INTENTIONALLY CONFINING OR RESTRAINING ANTOHER
WITHOUT HIS/HER CONSENT
KNOWING THAT THE ACTOR HAS NO LAWFUL AUTHORITY TO DO SO

Question 22

KIDNAPPING (CLASS C FELONY)

Answer 22

EITHER BY FORCE OR THREAT OF IMMIENENT FORCE
CARRYING ANOTHER PERSON FROME ONE PLACE TO ANOTHER, OR SEIZING OR CONFINING ANOTHER
WITHOUT HIS/HER CONSENT
OR BY DECEIT INCLUDING ANTHER TO GO FROM ONE PLACE TO ANOTHER
INTENDING TO CAUSE HIM/HER TO BE SECRETLY CONFINED OR IMPRIOSONED, OR CARRIED OUT OF THIS STATE OR TO BE HELD TO SERVICE AGAINST HIS/HER WILL

Question 23

ESBUODW

Answer 23

1-CLASS A MISDEMEANOR
ENDANGERS ANOTHER’S SAFETY BY THE NEGLIGENT OPERATION OR HANDLING OF A DANGEROUS WEAPON
OR OPERATES OR GOES ARMED WITH A FIREARM WHILE HE/SHE IS UNDER THE INFLUENCE OF AN INTOXICANT
OR INTENTIONALLY POINTS A FIREARM AT OR TOWARD ANTOHER
OR WHILE ON THE LANDS OF ANOTHER DISCHARGES A FIREARM WITHIN 100 YARDS OF ANY BUILDING DEVOTED TO HUMAN OCCUPANCY SITUATED ON AND ATTACHED TO THE LANDS OF ANTOEHR WITOUT THE EXPRESS PERMISSION OF THE OWNER OR OCCUPANT OF THE BULDING; “BUILDING” AS USED IN THIS PARAGRAPH INCLUDES ANY HOUSE TRAILER OR MOBILE HOME, BUT DOES NOT INCLUDE ANY TENT, BUS, TRUCK, VEHICLE OR SIMILAR PORTABLE UNIT

Question 24

ESBUODW

Answer 24

2-FELONY
INTENTIONALLY DISCHARGES A FIREARM INTO A VEHICLE OR BUILDING UNDER CIRCUMSTANCES IN WHICH HE/SHE SHOULD REALIZE THERE MIGHT BE A HUMAN BEING PRESENT THEIREIN
OR SETS A SPRING GUN

Question 25

ESBUODW

Answer 25

3-FELONY INTENTIONALLY DISCHARGES A FIREARM FROM A VEHICLE WHILE ON A HIGHWAY OR ON A VEHILCE PARKING LOT THAT IS OPEN TO THE PUBLIC THE PERSON DISCHARGES THE FIREARM AT OR TOWARD ANOTHER OR THE PERSON DISCHARGES THE FIREARM AT OR TOWARD ANY BUILDING OR OTHER VEHICLE

Question 26

CARRYING CONCEALED WEAPON

Answer 26

DEFENDANT MUST HAVE GONE ARMED WITH A DANGEROUS WEAPON THE WEAPON WAS CONCEALED THE DEFENDANT MUST NOT HAVE BEEN A PEACE OFFICER *AN UNLOADED WEAPON IS STILLL CONSIDERED A DANGEROUS WEAPON FOR PURPOSES OF THE CCW STATUTE

Question 27

POSSESSION OF SWITCHBLADE KNIFE (CLASS A MISDEMEANOR)

Answer 27

WHOEVER MANUFACTURES, SELLS, OFFERS TO SELL, TRANSPORTS, PURCHASES, POSSESSES OR GOES ARMED WITH A KNIFE WHICH KNIFE HAS A BLADE WHICH OPENS BY PRESSING A BUTTON, SPRING OR OTHER DEVICE IN THE HANDLE, OR BY GRAVITY, OR BY THRUST OF MOVEMENT.

Question 28

POSSESSION OF A FIREARM (BY A FELON)

Answer 28

ANY PERSON CONVICTED OF A FELONY IN THIS STATE OR OF A CRIME ELSEWHERE THAT WOULD BE A FELONY IF COMMITTED IN THIS STATE OR FOUND NOT GUILTY OF A FELONY IN THIS STATE BY REASON OF MENTAL DISEAASE OR DEFECT, OR FOUND NOT GUILTY OR NOT RESPONSIBLE FOR A CRIME ELSEWHERE THATWOULD BE A FELONY INTHIS STATE BY REASON OF INSANITY, OR MENTAL DISEASE, DEFECT OR ILLNESS WHO SUBSEQUENT TO SAID CONVICTION POSSESSES A FIREARM

Question 29

BURGLARY (CLASS F FELONY)

Answer 29

INTENTIONALLY ENTERING: ANY BUIDING OR DWELLING, ENCLOSED RAILROAD CAR OR ENCLOSED PROTION OF ANY SHIP OR VESSEL OR LOCKED, ENCLOSED CARGO PORTION OF A TRUCK OR TRAILER OR A MOTOR HOME OR OTHER MOTORIZED TYPE OF HOME OR A TRAILER HOME, WHETHER OR NOT ANY PERSON IS LIVING IN ANY SUCH HOME OR A ROOM WITHIN ANY OF THE ABOVE WITHOUT THE CONSENT OF THE PERSON IN LAWFUL POSSESSION THEREOF INTENDING TO STEAL OR COMMIT A FELONY THEREIN PENALTY FOR THE ABOVE INCREASES IF DONE WHILE ARMED WITH A DANGEROUS WEAPON, USE OF EXPLOSIVES OR WHILE ON THE PREMISES COMMITS A BATTERY UPON A PERSON LAWFULLY THEREIN.

Question 30

POSSESSION OF BURGLARIOUS TOOLS (CLASS I FELONY)

Answer 30

HAVING PERSONAL POSSESSION ANY DEVICE OR INSTRUMENTALITY INTENDED, DESIGED OR ADAPTED FOR USE IN BREAKING INTO ANY DEPOSITORY DESIGNED FOR THE SAFEKEEPING OF ANY VALUABLES OR INTO ANY BUILDING OR ROOM INTENDING TO USE SUCH ITEM FOR SUCH PURPOSE AND INTENDING TO STEAL FROM SUCH PLACE

Question 31

ENTRY INTO LOCKED COIN BOX (CLASS A MISDEMEANOR)

Answer 31

INTENTIONALLY ENTERS A LOCKED COIN BOX OF ANOTHER WITHOUT CONSENT AND WITH INTENT TO STEAL THEREFROM

Question 32

TRESPASS TO LAND (CLASS B FORFEITURE)

Answer 32

WHOEVER (A) WITHOUT EXPRESS OR IMPLIED CONSENT OF THE OWNER OR OCCUPANT ENTERS ANY ENCLOSED OR CULTIVATED LAND OF ANOTHER WITH INTENT TO CATCH OR KILL ANY BIRDS, ANIMALS OR FISH OR GATHER ANY PRODUCTS OF THE SOIL (B) ENTERS OR REMAINS ON THE LAND OF ANOTHER AFTER HAVING BEEN NOTIFIED BY THE OWNER OR OCCUPANT NOT TO (C)AFTER HAVING BEEN NOTIFIED BY THE OWENR OR OCCUPANT NOT TO ENTERS SAID PREMISES AND HUNTS, SHOOTS, FISHES OR GATHERS PRODUCTS OF THE SOIL OR ENTERS SAID PREMISES WITH INTENT TO DO ANY OF THE ABOVE (D) WITHOUT THE EXPRESSED OR IMPLIED CONSENT OF THE OWNER OR OCCUPANT ENTERS ANY ENCLOSED OR CULTIVATED LAND OR ANOTHER WITH A VEHICLE OF ANY KIND

Question 33

CRIMINAL TRESPASS TO DWELLING (CLASS A MISDEMEANOR)

Answer 33

INTENTIONALLY ENTERING ANOTHER'S DWELLING WITHOUT THE CONSENT OF SOME PERSON LAWFULLY UPON THE PREMISES UNDER CIRCUMSTANCES TENDING TO CREATE OR PROVOKE A BREACH OF THE PEACE

Question 34

ENTRY ONTO A CONSTRUCTION SITE OR INTO A LOCKED BULDING, DWELLING OR ROOM (CLASS MISDEMEANOR)

Answer 34

WHOEVER ENTERS WITHOUT CONSENT A LOCKED OR POSTED CONSTRUCTION SITE OR A LOCKED AND ENCLOSED BUILDING, DWELLING OR ROOM OF ANOTHER

Question 35

THEFT-LARCENY

Answer 35

``` INTENTIONALLY TAKING AND CARRYING AWAY USING TRANSFERRING CONCEALING OR RETAINING POSSESSION OF ANOTHER'S MOVEABLE PROPERTY WITHOUT HIS/HER CONSENT INTENDING TO DEPRIVE THE OWNER PERMANENTLY OF ITS POSSESSION ```

Question 36

THEFT-FALSE REPRESENTATION

Answer 36

OBTAINING TITLE TO ANOTHER'S PROPERTY BY INTENTIONALLY DECEIVING HIM/HER WITH A REPRESENTATION THE ACTOR KNOWS IS FASE INTENDING TO DEFRAUD WHICH ACTUALLY DOES DEFRAUD HIM/HER

Question 37

OPERATING VEHICLE WITHOUT OWNER'S CONSENT (CLASS H FELONY)

Answer 37

INTENTIONALLY TAKING AND DRIVING ANY VEHICLE WITHOUT THE OWNER'S CONSENT

Question 38

ROBBERY (CLASS E FELONY)

Answer 38

TAKING PROPERTY FROM THE PESON OR PRESENCE OF AN OWNER INTENDING TO STEAL EITHER BY USING FORCE AGAINST THE OWNER'S PERSON INTENDING TO OVERCOME HIS/HER PHYSICAL RESISTANCE OR PHYSICAL PWOER OF RESISTANCE TO SUCH TAKING OR CARRYING AWAY OR BY THREATENING THE IMMINENT USE OF FORCE AGAINST THE OWNER'S PERSON OR THAT OF ANTOHER PRESENT INTENDING TO COMPEL THE OWNER TO ACQUIESE IN SUCH TAKING OR CARRYING AWAY

Question 39

ROBBERY-ARMED (CLASS C FELONY)

Answer 39

WHILE ARMED WITH A DANGEROUS WEAPON OR ANY ARTICLE WHICH WOULD LEAD THE VICTIM TO BELIEVE THAT IT IS A DANGEROUSE WEAPON, WHILE COMMITTING THE ROBBERY

Question 40

RETAIL THEFT

Answer 40

THE DEFENDANT MUST HAVE INTENTIONALLY ALTERED THE INDICATED PRICE OR VALUE OF MERCHANDISE OR TOOK AND CARRIED AWAY MERCHANDISE OR TRANSFERRED, CONCEALED OR RETAINED POSSESSION OF MERCHANDISE AND THE MERCHANDISE MUST HAVE BEEN HELD FOR RESALE BY A MERCHANT, OR BE PROPERTY OF THE MERCHANT AND ACTED WITHOUT THE CONSENT OF THE MERCHANT AND ACTED WITH INTENT TO DEPRIVE THE MERCHANT PERMANENTLY OF THE POSSESSION OR THE FULL PURCHASE PRICE OF THE MERCHANDISE