KRS 500 Flashcards
(126 cards)
1
Q
misdemeanor offenses under KRS 510 (Sex offenses), when the victim is under 18 at the time of the offense, the prosecution shall happen within ____ years after victim turns 18.
a. 10 years
b.15 years
c. 20 years
d. 5 years
A
A
2
Q
Serious physical injury threshold is lessened for juveniles ___ years or less. (ie. bruising around the eyes)
a. 7
b.12
c.14
d.16
A
B
3
Q
T or F, Absolute liability requires the offense to be a misdemeanor or violation that does not include mental state in the definition.
A
T
4
Q
When dealing with Human Trafficking charge, a vulnerable victim is what?
a. victim is 18 years or less
b. victim just has to be a minor
c. victim is 12 years or less
d. victim is 14 years or less
A
B
5
Q
501.100 Offense against a vulnerable victim. a vulnerable victim means what?
a. any victim of criminal abuse 1-3
b. victims of sexual assaults that are 14 yoa or under.
c. can be a vulnerable victim if offense happens 2 or more times in a continuing course of conduct.
d. All the above.
A
D
6
Q
Does a person have duty to retreat or attempt to retreat prior to using deadly force?
A
No
7
Q
Can a person use Deadly Force to prevent a dwelling / building they own from arson?
A
Yes
8
Q
To be charged with criminal attempt does the crime have to actually occur?
A
No
9
Q
the charge of Criminal Attempt needs to show a ______ step towards the commission of the crime.
a. steady
b. small
c. substantial
d. planned
A
C
10
Q
506.030 Criminal solicitation
with the intent of promoting or facilitating the commission of a crime, a person commands/encourages _____ to engage in that crime.
a. a minor
b. another
c. their mom
d. Wiggins mom
A
B
11
Q
506.040 Criminal conspiracy
guilty of criminal conspiracy when a person promoting or facilitating a crime agrees with ___ or more persons that at least __ of them will commit the crime.. Or agrees to ___ person(s) with crime.
a. 1 / 1 / Aide
b 3 / 1 / Aide
c. 2/ 1 / Aide
d 1 / 2 / Help
A
A
12
Q
cannot be charged with conspiracy unless 1 or more people committed an ______ act towards completion of the crime
a. overt
b. sneaky
c. substantial
d. sex
A
A
13
Q
If caught conspiring to commit more than 1 crime than you can be charged how many times with conspiracy?
a. 1 for each crime
b. once, but the level of the charge raises per crime
c. only once
A
C
14
Q
Wiggins leaves the back door unlocked at Chik Fil A, knowing his boyfriend intends to rob the place, and thus the crime occurs. what can he be charged with?
a. conspiracy
b. facilitation
c. nothing
d. Robbery
A
B and maybe D
15
Q
It is considered organized crime to organize or participate in a criminal syndicate, aid a criminal syndicate, manage, supervise or direct any syndicate activates or conspire or attempt to commit, or act as an accomplice in commission of more than ___ thefts of retail merchandise with intent to ____.
a. 3 / resell
b. 2 / resell
c. 4 / resell
d. 1 / resell
A
D
16
Q
Criminal syndicate means ___ or more persons involved or in the case of retail merchandise thefts with intent to resell, ___ or more persons.
a. 3/2
b. 3/3
c. 2/1
d. 1/1
A
A
17
Q
Any person found to be a member of a criminal syndicate and charged shall serve at least ____ of their sentence.
A
%85
18
Q
A criminal gang consists of ___ or more people and has at least ___ members who engage in a continuing pattern of criminal activity.
a. 2/2
b. 3/2
c. 4/2
d. 5/3
A
B
19
Q
A continuing pattern of criminal activity means acts performed on separate occasions within __ years.
a. 2
b. 3
c. 4
d. 5
A
D
20
Q
I’m regard to syndicate/gangs a Continuing pattern of criminal activity needs 2 or members to collectively have committed, conspired to commit, or attempted to commit ___ or more felonies, ___ or more misdemeanors or a combination of the two, ___ Felony & ___ Misdemeanor within 5 years.
A
2 or more felonies
3 or more misdemeanors
or 1 felony and 1 misdemeanor.
21
Q
Criminal gang recruitment 1st.
___ or older recruits someone under ___ AND requires a condition for them to what?
A
18
under 15
commit a crime
22
Q
Criminal gang recruitment 2nd
18+ recruits another to join OR ______ another because they refuse to join or wish to withdraw from committing a crime or withdraw from the gang.
A
intimidates or threatens force.
23
Q
Criminal gang recruitment 3rd.
someone under ___ recruits/ attempts to recruit another.
A
18
24
Q
to establish existence of a criminal gang you need at least ___ indicators from the long list.
IE: gang name, self proclaimed gang member, pictures with gang members promoting crime, ID as gang member from CI or guardian (lot more)
A
2
25
Criminal gang related felonies, if placing members of the public at risk of PI, SPI, or death shall be elevated ___ class. Unless that would take it to capital punishment.
a.1
b.2
c.3
d.4
A
26
intentionally causes someone's death or while in a motor vehicle, wantonly and showing extreme indifference to human life, causes someone's death.
Murder
27
With intent to cause SPI you cause someone's death.
With intent to cause death you cause the death of someone while under EED.
Manslaughter 1st
28
Manslaughter 1st
-intentionally abusing or allowing someone to abuse a child ___ years or younger and who is _____ helpless or ____ helpless and that abuse causes death.
12
physically
mentally
29
Jack sold schedule 1 narcotics to James and James used those narcotics and OD'd and died. What can Jack be charged with?
a. Manslaughter 1st
b. murder 2nd
c. manslaughter 2nd
d. manslaughter 3rd
C
30
wantonly causes someone's death.
Manslaughter 2nd
31
Leaving a child under ___ years of age inside a motor vehicle which causes that child to die can lead to what charge?
8
manslaughter 2nd
32
Steven is not pleased Sarah got pregnant again so he intentionally pushes her down the stairs causing the baby to die. what charge can Steven be charged with?
a. Fetal homicide 1st
b. Fetal homicide 2nd
c. Cannot be charged because its not a real human
d. Murder
A
33
Steven is joy riding with Sarah in his truck and begins to speed and drive on the other side of the road to show off. Steven accidentally hits another vehicle head on and Unit 2's driver, who was pregnant, loses her child. What can Steven be charged with?
a. Fetal Homicide 2nd
b. Fetal homicide 1st
c. fetal homicide 3rd
d. reckless homicide
B
34
With intent to cause SPI to someone you cause the death of an unborn child.
OR
with intent to kill an unborn child you do so under EED
Fetal homicide 2nd
35
What is Fetal homicide 3rd?
recklessly causes the death of an unborn child.
36
Can someone get the death sentence when charged with Fetal homicide?
No
37
Assault 1st
Intent to cause SPI, you do so with the a DW or DI
Wanton Conduct that places others in near death but causes SPI
38
Jack punches James in the face and kicked him in the head causing SPI. what can Jack be charged with?
a. Assault 2nd
b. Assault 4th
c. Assault 1st
d Assault 3rd
A
39
James hits jack over the head with a pipe causing PI. what can James be charged with?
a. Assault 2nd
b. assault 4th
c. Assault 1st
d Assault 3rd
A
40
Wantonly causes SPI with a DW or DI is what lvl assault?
2nd
41
Assault 4th
Intentionally causes PI
recklessly causes PI with DW or DI
42
the ___ Assault 4th Domestic violence charge within ___ years can be charged as a D felony. The years start at the time the first assault occurred.
3rd Assault
within 5 years
43
Assault 1st and 2nd when the suspect is under EED is dropped down to a __ felony. Assault 4th under EED is dropped to a __ misdemeanor.
D Felony
B Misdemeanor
44
Terroristic Threatening 1st
Places FAKE WMD or makes false statements they places a WMD on any school ground, property, event or Govt owned building.
45
Terroristic Threatening 2nd
Makes statements on school property that, if followes, would result in SPI and or Death. These statements are related to their employment.
Places FAKE WMD or makes false statements they places a WMD on any other property than school and Govt.
46
A person who lacks the substantial capacity to defend themselves or solicit protection from the police is what?
Physically helpless & or Mentally Helpless
47
Criminal Abuse 1st requires the victim to be ___ years of age or less OR what?
12
Physically or mentally helpless
48
Base Criminal Abuse 1, 2, 3 elements
Intentionally abuses or allows another to abuse someone whom they have custody over and what (3)?
causes SPI or
places in a situation that may cause SPI or
causes torture, cruel confinement or cruel punishment.
49
what are the mental states of Criminal Abuse 2nd and 3rd?
2nd - Wantonly
3rd- recklessly
50
Stalking 1st and 2nd base elements
-intentionally stalks another
- makes explicit or implicit threat with intent to place a person in reasonable fear of
-Sexual contact
-SPI or
-Death
51
Stalking 1st requires the base elements AND what? (4)
- protective order issued and served or given notice to.
OR
-Criminal complaint pending from victim and the defendant has been served or is made aware
OR
-defendant has been convicted of a class A misdemeanor (or higher) against same victim within the past 5 years
Or
-The defendant had a DW on them at the time of the acts.
52
Dude follows Girl around town and shows up to all the same places causing her alarm. He messages her and states he wants to have sex with her in a bathroom stall at one of these shops. when police get out with the dude, he has a bat on him. what can he be charged with?
a. Attempted kidnapping
b. Stalking 1st
c. Stalking 2nd
d. Stalking 3rd
C
52
When running Dudes info, in regards to stalking, you see he was convicted with criminal mischief 1st and the Girl was the victim 4 years ago. What can he be charged with?
Stalking 1st
53
Mr. Raker is a foster parent to an 8 year old. every night he chains his kid up to their bed so they can't get out. What can he be charged with?
Criminal Abuse 1st
54
If guilty of stalking 1st or 2nd then a ____ will be issued, unless victim requests otherwise. The document will be effective for, and renewed in increments up to ___ years.
a. IPO / 3 years
b. EPO / 10 years
c. IPO / 10 years
d. DVO / 3 years
C
This IPO does not prevent defendant from purchasing/possessing a firearm.
55
Daniel intentionally grabs LeeAnn by the throat impeding her airway and ability to breath normal. What can Daniel be charged with?
Strangulation 1st
Strangulation 2nd is same but WANTONLY
56
What is the difference between unlawful imprisonment 1st and 2nd?
1st is knowingly and unlawfully restraining another AND exposes them to a risk of SPI
57
Kidnapping
unlawfully restrains another with intent to
- Hold for ransom
-to accomplish or advance a Felony
-to inflict injury or terrorize them or another
-interfere with performance of government
- Use as a shield
-deprive guardian/parent of custody when the person is not exercising custodial control
58
Enhancers to kidnapping include.
a. The victim suffers trauma
b. victim dies as result
c. victim suffers PI
d. Victim suffers SPI
B & D
59
What is the defense for custodial interference?
The person taken was returned voluntarily BEFORE issuance of warrant or arrest.
60
Criminal Coercion
With intent to compel another to engage or refrain from conduct, he threatens to
-commit any crime
-accuse anyone of a crime
-expose secrets that would do harm
-take or withhold action as an official.
61
except for indecent exposure 2nd, a ___ or more misdemeanor offense under KRS 510 (Sexual Offenses) may be prosecuted as a D felony.
3rd
62
in reference to sexual offenses, is it a defense if the defendant was not made aware of the circumstances (IE: age) when it comes to consent?
Yes
63
being married to someone under 16, or who has an intellectual disability does what?
Allows sexual contact.
64
Engages in sex by forcible compulsion; or
sex with another who is incapable of consent because.
-physically helpless
-less than 12 years old
Rape 1st
65
what raises the class in a rape 1st charge?
victim is under 12 and or suffers a SPI due to the rape.
B Felony goes to A Felony
66
Rape 2nd
being 18+ and has sex with someone under 14: or
-mentally incapacitated
- intellectual disability (new)
67
Rape 3rd
-Being 21+ and having sex with someone less than ___yoa.
-being at least ___ years older than someone who is __ or __ yoa. (new)
-21+ has sex with someone less than ___ yoa and who he provides foster care to
-being in a position of authority or trust to someone less than ___ yoa and having sex with them. (IE: youth pastor).
- person in authority (police, jailor, etc) has sex with _____ person.
-16 yoa
-10 years older
16 or 17 yoa
-18 yoa
-18yoa
-Incarcerated.
68
Sodomy 1st
-deviate sexual intercourse by forcible compulsion.
-deviate sexual intercourse with someone who cannot consent because..
-physically helpless
-less than 12
same as rape 1st. if victim is less than 12 and or gets a SPI than the charge raises from B to A.
69
being 18+ and has deviate sexual intercourse with someone under 14: or
-mentally incapacitated
- intellectual disability (new)
Sodomy 2nd
70
Sodomy 3rd
-Being 21+ and having deviate sex with someone less than ___yoa.
-being at least ___ years older than someone who is __ or __ yoa. (new)
-21+ has deviate sex with someone less than ___ yoa and who he provides foster care to
-being in a position of authority or trust to someone less than ___ yoa and having deviate sex with them. (IE: youth pastor) or;
- person in authority (police, jailor, etc) has deviate sex with _____ person.
-16 yoa
-10 years older
16 or 17 yoa
-18 yoa
-18yoa
-incarcerated
71
Sexual Abuse 1st
-sexual contact by Forcible compulsion
-Sexual contact with someone who cannot consent
-physically helpless
-less than 12
-intellectual disability
(new); or
-being 21+
-sexual contact with someone less than 16yoa
-masturbates in presence of less than 16yo OR does it over electronic device/internet.
OR;
-being in a position of authority/trust has sexual contact with or masturbates in the presence of someone less than 18yoa
72
Sexual abuse 2nd
-at least 18 but under 21 and subjects another less than 6 years old to sexual contact. OR;
-being in position of a authority (jailor / corrections and other ppl who supervise detainies) subjects another, who is at least 18, and incarcerated to sexual contact.
73
It is a defense when dealing with sexual abuse 2nd (sub section 1B) if the suspect is less than ___ years in age difference than the victim.
5
74
Sexual abuse 3rd
Subjects another to sexual contact without their consent.
75
sexual abuse 3rd defense
the victim is less than ___yoa but at least ____yoa AND the suspect is less than ___.
16
at least 14
18
76
A person engages in sexual intercourse or deviate sexual intercourse with another without their consent.
Sexual misconduct
77
Intentionally exposes genitals under circumstances he knows would cause alarm and causes alarm to someone less than ___ yoa.
Indecent exposure 1st
18yoa
78
When dealing with indecent exposure 1st, subsequent charges within a ___ year period from the last charge raises the class 1 time, up to a D felony from a B misdemeanor.
3
79
Exposes genitals and someone 18+ is the victim.
indecent exposure 2nd.
80
Burglary 1st
Intent to commit a crime a person is unlawfully..
-in a building
- while gaining entry/exit into building the person
-has explosive / DW
-causes PI to someone not involved.
-uses or threatens us of DI
81
Burglary 3rd
BUILDING
81
Burglary 2nd
intent to commit crime remains unlawfully in a DWELLING
81
Criminal trespass 1st is in a ______.
2nd is in a ______ or upon a ______ which notice is given by sign or fence.
3rd is on a _____.
Dwelling
Building
premises
premises
82
Can victims grant access to people in a domestic violence shelter?
No
83
Criminal mischief (new)
1st = ______
2nd = _____ but less than $1,000
3rd = less than _____
$1,000
$500
$500
84
can a tenant whose renting a residence be charged with Criminal mischief for intentionally or wantonly destroying property of the home?
Yes, same property damage amounts count.
85
I pop off a stink bomb in Creekmore's back yard because his kids play too loudly in hopes of deterring them from using their yard.
what can I be charged with?
a. Terroristic threatening 1st
b. Harassment 2nd
c. Criminal use of noxious substance
d. Trespass 3rd
C
unlawfully deposits on the property of another a stink bomb, device, or irritant with the intent to interfere with the lands use.
86
With intent to destroy or damage a building a person starts a fire or causes an explosion.
-The building was occupied at the time
-others sustained SPI (including firefighters)
Arson 1st
87
Daniel sets his own house of fire and claims it was an accident to get insurance money. What can he be charged with?
Arson 1st, 2nd or 3rd?
2nd.
Arson 2nd includes if the building is owned by ANOTHER (no one is injured nor was it occupied)
Or
you do it for insurance money
88
Arson 3rd
With intent to destroy or damage a building owned by another person, he starts a fire or causes an explosion.
89
It is prima facie evidence of theft by deception if one person fails to return property of another within ___ days after expiration of agreement.
10
the owner of the property has to requests the property back first.
90
What makes TBUT a felony?
and
a person has ___ or more convictions of TBUT (misdemeanor or higher) within the past ___ years. in which case it is a felony.
-firearm
-anhydrous ammonia
-controlled substance
-$1,000+ or more value of item
3 or more
within 5 years
91
If the offense of TBUT occurs during a declared emergency, natural or man made disaster and happens within the area impacted, the person shall be charged ___ class higher.
1
92
If a person commits ___ or more separate TBUT offenses within ___ days than those offenses can be combined and the total amount of items stolen will determine the appropriate charge.
2
90
93
Theft of services
- refuses to pay for services that normally cost $$
- makes threats in order to get out of payment
-tampers with and or turns on meters / tv cable or other devices that have been turned off due to lack of payment.
94
Theft of services amounts
$____ or more but less than $1,000 = A mis
$1,000 or more but less than $______ = D Felony
$10,000+ = C Felony
500
10,000
a person with 3 or more convictions of this within the past 5 years will be charged a D Felony regardless of amount.
95
Theft of failure to make required disposition of property.
A person obtains property with the agreement to make payments and intentionally does not but keeps the property.
96
The amounts for Theft of failure to make required disposition of property are the same as other Thefts.
<500 but > 1000
<1000 but > 10,000
<10,000
A person with ___ or more convictions of this within the past 5 years will be charged a D Felony.
&
__ or more separate offenses of this within ___ days will be cause to combine the amounts for a larger charge.
3
2
90
97
Theft by extortion
intentionally obtains property of another by threatening to:
-inflict injury or commit a crime
-accuse anyone of crime
-expose harmful secret
-use position of power to influence
-boycott/strike if demands are not met
-testify or withhold testimony for gain
98
Theft by extortion has the normal TBUT $$ amounts.
includes 3 convictions within the past 5 years will be D Felony.
2+ separate offenses within 90 days can be combined for a larger charge.
99
Wiggins builds a driveway for Creekmore for an agreed upon amount. Wiggins pays Creek with a check, knowing he does not have the funds in his account, and the check bounces. What can Wiggins be charged with?
a. theft of services
b. Fraud 2nd, cold checks
c. Theft of services already rendered
d. TBUT labor
C
theft of services already rendered includes the normal TBUT amounts
- 3 convictions within 5 years is a D Felony
- 2 separate offenses within 90 days can be combined.
100
Differences between Theft of services and theft of services already rendered?
Theft of services is intentionally absconding, deceiving, or refusing to pay for services you you would normally pay for up front.
Theft of services already rendered is receiving the benefit of the service and then intentionally "paying" another for the services knowing the check / sight order will not be honored by the bank.
101
What makes receiving stolen property a felony?
a person has ___ or more convictions of Receiving (misdemeanor or higher) within the past ___ years. in which case it is a felony.
If the property in possession is stolen and..
-firearm
-anhydrous ammonia
-$1,000+ or more value of item
3 or more
within 5 years
102
Obscuring identity of machine or other property.
removes or obscures identifying number with INTENT to render it unidentifiable.
-possession of any property with unidentifiable ID is prima facie.
-if a person legally obtains property with ID destroyed they can apply though KSP for a new ID#.
103
514.130
Seizure and forfeiture of certain property
what requirements needed to seize property?
- requires item to be used in furtherance of the crime
-requires a conviction
-A vehicle with a "stolen major part" can be cause to seize the entire vehicle.
104
Can a juvenile using a fake ID to buy alcohol be charged with theft of identity?
No
105
How many identities, which need to be real people, are required in possession for prima facie evidence?
5+ separate IDs
106
Robbery 1st
with intent to commit a theft, he uses or threatens the use of force to complete theft.
-causes PI
-armed with DW or
-uses/threatens use of DI
107
Robbery 2nd
with intent to commit a theft, he uses or threatens the use of force to complete theft.
108
Forgery 1st
Possession of these items is Possession of forged instruments 1st
with intent to defraud or deceive, falsely makes, alters a written instrument.
-valuable instruments issued by government
-stamps
-money
-stocks/bonds
-other instruments representing interests in corporate.
109
Forgery 2nd
Possession of these items is Possession of forged instruments 2nd
-Deed
-will
-contract
-public record required to be filed in official office
-credit card
-written instrument
-officially issued government documents (that do not have $$ value)
110
Forgery 3rd
cover all others.
111
Can a person be charged with Forgery & possession of forged instruments in respects to the same item? (they created the fake item and you catch them with it completed and in their possession)
No
112
Criminal Simulation 1st
knowingly manufactures, creates, markets, or distributes product which is intended to defraud a test designed to detect alcohol or controlled substance.
(gives the item away/sell)
113
Criminal Simulation 2nd
uses product which is intended to defraud a test designed to detect alcohol or controlled substance.
or
makes or alters item to make it seem rare and valuable when it isnt.
114
Using slugs 1st degree
value must be exceed what?
makes, possess slugs with intent to enable a person to insert or deposit in a coin machine.
$100
115
Using slugs 2nd degree
uses, makes, possesses slugs with intent to use on coin machines. less than $100
116
Deceptive business practices
In the course of engaging in a business, profession, knowingly:
-puts down down false weight, quantity, quality of items
-sells commodity and delivers less than represented.
-sells, offers adulterated (varying from quality) commodities
-sells, offers mislabeled commodities
117
False advertising
in connection to promoting, makes false / misleading statements in any advertisement to the public or substantial number of people.
118
Bait advertising
in any manner, offers to sell the public or substantial amount of people property with intent to:
-swap price
-not meet the quantity expected
-not sell them anything at all.
119
defrauding secured creditors
While dealing with property subject to security interest
-damages/destroys property
-unlawfully hinders enforcement of that interest.
$500 or more up to $10,000 = D Felony
$10,00+ = C Felony
120
Defrauding a judgement creditor
(someone who a debt is owed and the debt is proved to be owed through a legal proceeding)
anything that prevents the property from be subjected to payment
121
receiving deposits in failing financial institution
being an officer, manager, or other participating in the direction of a financial institution: takes investment money from others KNOWING the institution is insolvent.
122
misapplication of entrusted property.
disposes of property, he doesn't own, but was entrusted to as a fiduciary in a manner involves substantial risk of loss or detriment to the property owner.
123
Operating a Sham or Front company.
pretty self explanatory.
