Legals 2 (Specific Crimes I Persons)

Question 1

Public Disorderly Conduct

Answer 1

Elements:

1. The accused was on any highway or at a public place or public gathering grossly

intoxicated, otherwise conducting himself in a disorderly or boisterous manner

or

2. The accused was using obscene or profane language in hearing distance of school, church or any public place

or

3. While under the influence or feigning to be, the accused discharged a firearm, without just cause or excuse, while upon or within 50 yards of any public road or highway, except upon his own premises.

COURT: Summary Court

Question 2

Driving under the influence (DUI)

Answer 2

Elements:

1. influence of alcohol to the extent that the person’s faculties to drive are materially and appreciably impaired; or
2. influence of any other drug or combination of other drugs or substances which cause impairment to the extent that the person’s faculties to drive are materially and appreciably impaired.

or

3. combined influence of alcohol and any other drug or drugs, or substances which cause impairment to the extent that the person’s faculties to drive are materially and appreciably impaired.

COURT: Summary Court (1st Offense)

General Sessions (2nd) Subsequent Offenses)

Question 3

Murder

Answer 3

Elements:
1. Unlawful killing of another person

2. with malice aforethought, either express or implied

COURT: General Sessions

Question 4

Voluntary Manslaughter

Answer 4

Elements:
1. Unlawful killing of another person

2. without malice. (In order to be without malice, the killing must be done in sudden heat of passion and upon adequate provocation.)

COURT: General Sessions

Question 5

Involuntary Manslaughter

Answer 5

Elements:
1. Unlawful killing of another person

2. resulting from criminal negligence (defined as reckless disregard for the safety of others).

Note: This an unintentional killing without malice.)

COURT: General Sessions

Question 6

Reckless Vehicular Homicide

Answer 6

Elements:

1. Unlawful killing of another person.
2. Operation (by Defendant) of a vehicle in reckless disregard for the safety of others.

COURT: General Sessions

Question 7

Felony DUI

Answer 7

Elements:
1. The actor drives a vehicle while under the influence of alcohol and/or drugs;

2. The actor does an act forbidden by law or neglects a duty imposed by law; and
3. The act or neglect proximately causes great bodily injury or death to another person.

COURT: General Sessions

Question 8

Threatening Life, Person, or Family of Public Official or Public Employee

Answer 8

It is unlawful for a person knowingly and willfully to deliver or convey to a public official or to a teacher or principal of an elementary or secondary school any letter or paper, writing, print, missive, document, or electronic communication or verbal or electronic communication which contains a threat to take the life of or to inflict bodily harm upon the public official, teacher, or principal, or members of his immediate family if the threat is directly related to the public official’s, teacher’s, or principal’s professional responsibilities.

-is directly related to the public employee’s official responsibilities.

COURT: General Sessions

Question 9

Attempted Murder

Answer 9

Elements:
1. A person who, with intent to kill, attempts to kill another person with malice aforethought, either expressed or implied, commits the offense of attempted murder.

COURT: General Sessions

Question 10

Assault & Battery of a High and Aggravated Nature

Answer 10

Elements:

1. great bodily injury to another person results; or
2. the act is accomplished by means likely to produce death or great bodily injury

COURT: General Sessions

Question 11

Assault and Battery 1st Degree

Answer 11

Elements:

1. unlawfully injuries another person, and the act
2. Involves nonconsensual touching of the private parts of a person, either under or above clothing, with lewd and lascivious intent; or
3. Occurred during the commission of a robbery, burglary, kidnapping, or theft

COURT: General Sessions

Question 12

Assault and Battery 2nd Degree

Answer 12

Elements:

1. Unlawfully injures another person, or offers or attempts to injure another person with the present ability to do so, and
2. Moderate Bodily Injury to another person results or could have resulted.
3. Act involves nonconsensual touching of the private parts of a person, either under or above clothing.

COURT: General Sessions

Question 13

Assault and Battery 3rd Degree

Answer 13

Elements:

1.Unlawfully injures another person or offers or attempts to injure another person with the present ability to do so.

COURT: Summary

Question 14

Resisting Arrest

Answer 14

Elements:

1. A person knowingly and willfully
2. resists any lawful arrest

COURT: General Sessions

Question 15

Assault On Officer

Answer 15

Elements:

1. A person knowingly and willfully
2. Assaults, beats, or wounds a law enforcement officer
3. When resisting any lawful arrest

COURT: General Sessions

Question 16

Resisting Arrest with a Deadly Weapon

Answer 16

Elements:

1. Any Person who uses or threatens use of a deadly weapon against the officer.
2. When such person is in possession or claims to be in possession of a deadly weapon.
3. While resisting lawful efforts of a law enforcement officer to arrest him or any other person.

COURT: General Sessions

Question 17

Illegal Transportation of Alcoholic Liquors

Answer 17

Elements:

1. One may not transport alcoholic liquors (meaning all distilled spirits regardless of the percentage of alcohol by volume) in a motor vehicle.
2. if the cap or seal is opened or broken.
3. in any motor vehicle except in a trunk, luggage compartment or cargo area that is separate and distinct from the driver’s and passengers’ compartments.

COURT: Summary

Question 18

Open Containers of Beer or Wine in Vehicle

Answer 18

Elements:

1. One may not possess an open container of beer or wine
2. in a motor vehicle of any kind while located upon the public highways or highway rights-of-way of this State, except in the trunk or luggage compartment.

COURT: Summary Court

Question 19

Purchase or Possession of Beer or Wine by person under twenty-one

Answer 19

Elements:
1. A person under the age of twenty-one may not

2. purchase, attempt to purchase, consume, or knowingly have in his possession (possession is prima facie evidence that it was knowingly possessed)
3. beer, ale, porter wine, or other similar malt or fermented beverage.

COURT: Summary Court

Question 20

Purchase or possession of Liquor by minor

Answer 20

Elements:

1. A person under the age of twenty-one may not
2. purchase, attempt to purchase, consume, or knowingly have in his possession (possession is prima facie evidence that it was knowingly possessed)

COURT: Summary Court

Question 21

Kidnapping

Answer 21

Elements:
The crime of kidnapping requires proof that the defendant did:

1. Unlawfully seize, confine, inveigle, decoy, kidnap, abduct, or carry away
2. any other person
3. by any means whatsoever
4. Without authority of law EXCEPT when a minor is seized or taken by his parent*

COURT: General Sessions

Question 22

Criminal Sexual Conduct 1st Degree (CSC 1st)

Answer 22

Elements:

1. Sexual Battery with the victim; and
2. uses aggravated force or
3. The victim is also the victim of forcible confinement, kidnapping, robbery, extortion, burglary, housebreaking, or similar offense.

COURT: General Sessions

Question 23

Criminal Sexual Conduct 2nd Degree
(CSC 2nd)

Answer 23

Elements:
1. Sexual Battery with the victim

2. uses aggravated coercion

COURT: General Sessions

Question 24

Criminal Sexual Conduct 3rd Degree
(CSC 3rd)

Answer 24

Elements:

1. Sexual Battery with the victim and
2. Uses force or coercion in the absence of aggravating circumstances

OR

1. Sexual Battery with the victim and the actor knows, or has a reason to know, that the victim is mentally defective, mentally incapacitated, or physically helpless.

COURT: General Sessions

Question 25

Criminal Sexual Conduct w/ a Minor 1st Degree

Answer 25

Elements: 1. Sexual battery 2. Victim less than 11 years old, or 3. Victim less than 16 and actor convicted or adjudicated delinquent for offense that requires them to register on the sex offender registry. COURT: General Sessions

Question 26

Criminal Sexual Conduct w/ a Minor 2nd Degree

Answer 26

Elements: 1. Sexual Battery 2. Victim 14 or less but at least 11 years old OR 1. Sexual Battery 2. Age 14 or 15 Actor in a position of familial, custodial, or official authority to coerce the victim to submit or is older than the victim. Note: May not be convicted if he is 18 years of age or less when engaging in illicit but consensual sexual conduct with a person who is at least 14 years of age. COURT: General Sessions

Question 27

Criminal Sexual Conduct w/ a Minor 3rd Degree

Answer 27

Elements: 1. Actor is over 14 years of age and 2. The actor willfully and lewdly commits or attempts to commit lewd or lascivious act upon or with the body, or its parts, of a child under years of age. 3. With intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of the actor or the child. Note: May not be convicted if he is 18 years of age or less engages in consensual lewd or lascivious sexual conduct with a person who is at least 14 years of age. COURT: General Sessions

Question 28

Assault With Intent to commit criminal sexual conduct

Answer 28

Elements: 1. Intent to commit CSC 2. An overt act toward commission of the crime COURT: General Sessions

Question 29

Spousal sexual battery

Answer 29

Elements: 1. Victim is legal spouse and living together 2. Sexual Battery 3. Accomplished through use of aggravated force, defined as the use or the threat of use of a weapon or the use or threat of use of physical force or physical violence of a high and aggravated nature. 4. Must be reported within 30 days COURT: General Sessions

Question 30

Criminal Sexual Conduct: Victim is legal spouse

Answer 30

Elements: 1. Sexual Battery 2. Victim is legal spouse living apart 3. Actors conduct constitutes CSC 1st or 2nd Degree 4. Must be reported within 30 days COURT: General Sessions

Question 31

Contributing to delinquency of a minor

Answer 31

Elements: 1. That the accused was over 18 years of age, and 2. That the accused did knowingly and willfully encourage aid, or cause, or did an act to cause or influence a minor to do one or more of the following: 3. Violate any law or municipal ordinance* Become and be incorrigible or ungovernable or habitually disobedient, and beyond the control of parents, guardians, custodians, or lawful authority. Repeatedly leave home w/o consent or just cause -Engage in an occupation in violation of the law