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KPD #99 > Exam 2 > Flashcards

Exam 2 Flashcards

(47 cards)

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1
Q

Bodily injury

A

Physical pain
Illness
Physical Impairment

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2
Q

Dangerous instrument

A

Any firearm loaded/ operative or not
Other weapons
Device
Material
Substance (animate/inanimate)
Manner to be used / intended / capable of DEATH / SERIOUS B.I.

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3
Q

Serious bodily injury

A

Substantial risk of Death
Serious, permanent disfigurement
Protracted loss of function of bodily member / organ

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4
Q

Substantial bodily injury

A

Major Avulsion
Laceration
Penetration of Skin
Bone fracture
Serious concussion
Tearing / Rupture/ Corrosive damage to internal organs

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5
Q

MURDER 1st Degree
707-701

A

707-701
INTENTIONALLY/ KNOWINGLY causes DEATH of:

  • 2+ persons in same or separate incident
  • (Court)Officer, Judge, Prosecutor ON-DUTY, witnesses
  • Victim held by ransom / shield / hostage
  • Hire/Hired Killer
  • While imprisoned
  • (R.O., T.R.O.)
    -Person protected by Law enforcement during time effective of that order
  • If 18 yrs & over at time of charge: Convicted murder 1st / attempted Murder sentenced to life w/out possibility of parole.

FELONY for sentenced provided in 706-656

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6
Q

MURDER 2nd Degree
707-701.5

A

707-701.5

INTENTIONALLY/ KNOWINGLY causes death

Persons convicted Murder 2nd / Attempted 2nd sentenced to Life WITH possibility of parole

FELONY (706-656 for charges)

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7
Q

Manslaughter
707-702

A

707-702

  • Recklessly causes DEATH
  • Intentionally causes another person to commit suicide
  • “MENTAL” defense = charges for Murder 1st and 2nd REDUCES to MANSLAUGHTER

indeterminate term of Imprisonment
Up to 20 years
A Felony

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8
Q

What needs to be present in order to charge Negligent HOMICIDE

A

A vehicle/ Driving

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9
Q

Negligent HOMICIDE 1st Degree
707-702.5

A

707-702.5
Causes DEATH by/of:

  • Negligent manner under the influence
  • A VULNERABLE USER by Negligent driving

Up to 10 years
CLASS B FELONY

  • 1 or more offenses within 15 years
    CLASS A FELONY
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10
Q

Negligent HOMICIDE (2nd Degree)
707-703

A

707-703

Causes DEATH of (by vehicle):

-another person and is NOT under the influence
- VULNERABLE USER in manner that constitutes Simple Negligence

CLASS C FELONY

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11
Q

Negligent HOMICIDE (3rd Degree)
707-704

A

Negliegently causes:
Death by (vehicle) “Simple Negligence”

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12
Q

Assault 1st Degree
707- 710

A

707-710
Intentionally / Knowingly
Serious B.I.

Up to 10 yrs - B Felony

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13
Q

Assault 2nd Degree
707-711

A

707-711
Intentionally/ Knowingly:
- Substantial B.I.
- Bodily - Dangerous instrument
(Emergency, mental health, F.F., L.G., EDU worker, correctional)
- TRO
- 48 hr

RECKLESSLY
Serious / Substantial

Up to 5 yrs
C Felony

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14
Q

Assault 3rd Degree
707- 712

A

707-712

Intentionally/ Knowingly / Recklessly
Bodily

Negligently
Bodily w/ dangerous instrument

Up to 1 yr
Misdemeanor
Petty M. - CONSENT fight

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15
Q

Terroristic threatening (Defined)
707-715

A

707-715
Threatens by word / conduct to cause
-Bodily / Serious damage / harm to property, pets, livestock

  1. Intent to terrorize, reckless disregard risk of terrorizing another
  2. Intent to cause / reckless disregard risk of evacuation of building, place of assembly, facility, public transport.
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16
Q

Terroristic threatening 1st Degree
707-716

A

707-716
- Threatens person 2x or more / common scheme against multiple.
- Threatens with use of D. Instrument or simulated weapon
- Any public servant ( Medical, EDU. Worker) ON DUTY
- TRO
- 48 HR warning

Up to 5 yrs
C Felony

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17
Q

Terroristic threatening 2nd Degree
707-717

A

707-717
Anything not covered in 1st

Up to 1 yr
Misdemeanor

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18
Q

Assault against emergency worker
707-712.7

A

707-712.7
Intentionally/ Knowingly / Recklessly cause
- Serious B.I.
- Substantial B.I.
- Bodily I. WITH Dangerous instrument
- Emergency Worker (LEO, FF, EMS, Nat. Guard, Military)

Up to 10 yrs
B Felony

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19
Q

Reckless Endagering 1st Degree
HRS 707- 713

Study These Flashcards
A

713

  • Employs Widely Dangerous in manner placing others in danger of DEATH / SERIOUS B.I. (ex: 9/11)
  • Intentionally fires firearm Recklessly places others in danger of DEATH / SERIOUS B.I.

Up to 5 years
C Felony

20
Q

Recklessly Endangering 2nd Degree
HRS# 707-714

Study These Flashcards
A

707-714
- Engages in conduct recklessly placing others in danger of DEATH / SERIOUS B.I.
- Intentionally discharges firearm in populated areas, within boundaries of roads, HWYs, streets

** not including firing range with all laws followed

Up to 1 yr
Misdemeanor

21
Q

“Widely Dangerous”

Study These Flashcards
A

Includes Explosion, Flood, Avalanche, Collapse building, Poison Gas, Radioactive Material, Substance, Force, Capable of potential WIDESPREAD INJURY / DAMAGE.

22
Q

Unlawful Imprisonment 1st Degree
707-721

Study These Flashcards
A

Knowingly restrains risk of
- Serious B.I. (Assault as well)

Up to 5 yrs
C Felony

23
Q

Unlawful Imprisonment 2nd Degree
HRS 707-722

Study These Flashcards
A

Knowingly restrains (no risk)
Younger than 18.
Relative.
Assume custody

Up to 1 yr
Misdemeanor

24
Q

What is A.O.I.?

Study These Flashcards
A

Ability
Opportunity
Intent

When proven, higher level of forces can be used.

25
" Vulnerable User "
Pedestrian legally in street/ public HWY Roadworker Construction Maintenance Police Fire EMS Bicycle, scooter, mobile device, wheelchair
26
Sexual Assault 1st Degree 707-730
707-730 KNOWINGLY: - Sexual penetration by *Strong Compultion* - Less than 14 - 14-18 , 15-20, 16-21 (5 yrs) *not legally married - mentally defective *(negliegently)* - mentally incapacitated/ physically helpless *( substance, date rape)* *Indeterminate* term of Imprisonment. 20 years WITHOUT possibility of suspension of sentence/ probation A Felony
27
Sexual Assault 2nd Degree 707-731
707-731 KNOWINGLY - Sexual penetration by *compulsion* - 16 yrs or older as coach/ teacher/ supervisor - mentally incapacitated / physically helpless - While imprisoned ( By LEO / correctional worker) Up to 10 yrs B Felony
28
Sexual assault 3rd Degree 707-732
732 Recklessly - Penetration by compulsion Knowingly CONTACT - By compulsion - Less than 14 - 14-15 YO (Defense- less that 5 yrs older, legally married) - Mentally Defective / Incapacitated - Physically helpless - While imprisoned Up to 5 yrs C Felony
29
Sexual Assault 4th degree 707-733
Knowingly * Contact; - By compulsion - 16 yr. & older from coach, teacher, supervisor, counselor Exposure: - Genitals to cause alarm / fear of bodily injury Trespass: - for SURREPTITIOUS *("secretly")* surveillance for sex gratification. (Guy outside school story) Up to 1 yr Misdemeanor
30
"Indecent exposure" 707-734
707-734 Person INTENTIONALLY Exposes genitals to whom not married and likely to cause Affront. Up to 30 days Petty Misdemeanor
31
Promoting child abuse 1st Degree 707-750
750 KNOWING or having reason to KNOW: - *Produces / participates in preparation* of child Porn (Maxwell) - *Prep of pornographic* material - *ENGAGES* in pornographic performance *Employs* minor engaging *Assisting* in sexual conduct. *Indeterminate* term 20 yrs w/out possibility of suspension of Sentence / Parole A Felony
32
Promoting Child Abuse 2nd Degree 707-751
751 KNOWING or having reason to KNOW it's character *REPRODUCES with intent* to *DISSEMINATE* (Child Porn) -Possesses 30 or more images - minor under 12, sadomasichistic *(psycho)* abuse of minor or bestiality of a minor. Up to 10 years B Felony
33
Promoting child abuse 3rd Degree 707-752
752 Possesses any child porn material Up to 5 years C Felony
34
"Simple Negligence"
35
Custodial Interference 1st Degree 707-726
707-726 Intentionally/ Knowingly : - Violates court order *OR* Takes from person with custody AND removes minor from STATE - TAKES 11 yrs / younger - In *ABSENCE FROM COURT* order of custody, *removes the minor from state* *DEFENCE*: Took minor for "good cause" to protect from immediate "Bodily Injury" & filed report w/ court Up to 5 years C Felony
36
Custodial Interference 2nd Degree 707-727
Intentionally/ Knowingly: - TAKES minor with no right to - Takes, Entices, Conceals, Detains an "INCOMPETENT PERSON" *(ex: boyfriends parents story)* Up to 1 yr Misdemeanor *C FELONY* Up to 5 yrs - If minor / incompetent person is taken out of state
37
Kidnapping 707-720
Intentionally/ Knowingly: RESTRAINS person with INTENT to: - ransom / reward - shield / hostage - facilitate commission of a Felony of flight thereafter - Inflict BODILY Injury or sex offense - terrorize person or 3rd person - interfere w/ gov't / political function - unlawfully obtain labor or services of the person * indeterminate term of Imprisonment 20 yrs w/out possibility of suspension / probation A Felony * Reduces to B if voluntarily releases Victim alive, not suffering from Serious / Substantial B.I. in safe place prior to trial.
38
Extortion 707-764
39
Extortion 1st Degree 707-765
707-765 - Property, Labor, Services value exceeds 200$ / YR OR - Making / Fianancing any extortionate extention of credit, or by collecting any extension of credit by extortionate means Up to 10 years B Felony
40
Extortion 2nd Degree 707-766
707-766 Extortion of property, Labor, services value exceeds 50$ / YR Up to 5 years C Felony
41
Extortion 3rd Degree 707-767
707-767 Person commits extortion of property, Labor, Services UP TO 50$ / YR Up to 1 yr Misdemeanor
42
What is KPD Property Reciept?
Standard form for documenting any evidence retrieved or acquired.
43
Why do we fill out KPD property receipt?
To properly document / keep track of evidence collected.
44
How do we fill out KPD Prop. Receipt?
Description of item, belonging to, where it will be stored Multiple items from same case must have its own form.
45
How many KPD Receipt forms do we make? And for who?
3 Owner, Evidence, Officer collecting
46
Chain of custody for KPD Receipt forms?
List every personnel who handled evidence
47
Incompetent Person
unable to manage their own affairs due to mental incapacity

KPD #99 (7 decks)

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