PL Session 12- Drugs, Gambling, Vice (FREQUENT QUESTIONS) Flashcards
(21 cards)
Frequent Question
What is the distance that defines school grounds for controlled substances offenses?
Within 1000 feet
This distance applies to people, parked cars, stores, etc that are within the 1000 foot threshold.
Frequent Question
What is a microgram and a milligram?
- One-millionth of a gram and one thousandth of a gram respectfully
- Micrograms divided by 1000 gives you milligrams
Ex. 5560 micrograms = 5.560 milligrams
Frequent Question
What crime is committed by possessing 1/4 gram of COCAINE?
C.P.C.S. 7th Degree, a Class A Misdemeanor
0.25 grams = 250 milligrams
Frequent Question
What crime is committed by possessing less than 2880 milligrams of METHADONE but not less than 360 milligrams?
C.P.C.S. 4th Degree, a Class C Felony.
C Felony
- Methadone jumps from 4th to 2nd degree with amounts being:
4th - 360 milligrams or more
2nd - 2,880 milligrams or more
Frequent Question
What crime is committed possessing 8 OUNCES or more of COCAINE?
C.P.C.S. 1st Degree.
A Felony
- Cocaine only has one level 500 milligrams
- From there it falls into the levels for Narcotic Drug which 8 ounces or more is CPCS 1st
Frequent Question
What happens to all persons in a vehicle if cocaine is found within?
All persons charged with possession unless concealed on person.
Frequent Question
What degree of crime is the sale of 1/2 oz. or more of a NARCOTIC DRUG?
Criminal Sale 2ND Degree.
A Felony
Frequent Question
What is the classifications for the levels of CPCS and CSCS
Both CPCS and CSCS are as follows:
A,A,B,C,D
1st- A
2nd- A
3rd- B
4th- C
5th- D
CPCS is only one with a 7th degree and that is an A Misdemeanor
Frequent Question
What is the classification of CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE if possessed with the INTENT TO SELL?
Always a FELONY.
Frequent Question
What class of misdemeanor is committed by possessing more than 16 ounces of CANNABIS?
Cannabis has not been touched since laws changed but could appear soon
Criminal Possession of Cannabis 3rd Degree
A Misdemeanor
Frequent Question
What is the CANNABIS FELONY thresholds?
Cannabis has not been touched since laws changed but could appear soon
- Possess more than 5 pounds
- Sell more than 16 ounces
- 21 years or older sells or gives more than 3 ounces to someone less than 18
Frequent Question
What constitutes PROFITING FROM GAMBLING?
Accepting money or property under an agreement to share in gambling proceeds.
This means that someone hosts a gambling activity and takes a cut (5% of every hand goes to the house)
Frequent Question
If Tondelayo hosts a cash poker game at her home, she plays in it, and all players give her money to cover the cost of food and drink is she promoting gambling?
When gambling question is asked this is a popular one
No, according to 225.05 of the Penal Law this would not be promiting gambling because the individuals are giving her money for** items unrelated to the gambling activites **
Frequent Question
What is the consequence of selling OUT-OF-STATE lottery tickets inside NYS?
Most recent gambling question asked, last 5 years or so
It is a gambling offense.
Frequent Question
What is the charge if Roger solicits Tondelayo for sex for a fee and he is 22 while she is 16?
Patronizing a Prostitute 3rd Degree.
Would be a rape scenario of they were to actually have sex but the question does not specify so you must go with what is available.
Frequent Question
What does ‘Criminal Sexual Act’ state about marital status in obscenity cases?
It is IRRELEVANT that the persons are married.
Consensual sodomy repealed years ago
Frequent Question
What must be proven to convict for obscenity?
Knowledge of contents and character.
DO NOT make an arrest for obscenity or obscene material without judge or DA approval - LE Practices (Examiners have gone to this before)
To convict proof is required that the person knew the materials possessed or promoted were obscene
Frequent Question
How many similar obscene articles are required to trigger presumption?
Presumption is that there was intent to distribute the materials
6 or more.
Frequent Question
What are the obscenity presumptions?
Obscenity Presumptions:
* Promotion or wholesale promotion in the course of business presumes knowledge of content
* Possession of 6 or more similar or identical obscene articles is presumed intent to promote
Frequent Question
What constitutes Disseminating Indecent Material to Minors 2nd?
- With knowledge of content/character, sell or loan for money: sexual material, admit to show or exhibition
- Initiate or engage computer communications depicting sexual content.
A minor is defined as less than 17
Obscenity Presumptions:
* Promotion or wholesale promotion in the course of business presumes knowledge of content
* Possession of 6 or more similar or identical obscene articles is presumed intent to promote
Frequent Question
What constitutes Disseminating Indecent Material to Minors 1st?
- Initiate a minor in computer communication involving sexual content
-and- - Invite or induce minor to engage in sexual conduct or performance
A minor is defined as less than 17
Obscenity Presumptions:
* Promotion or wholesale promotion in the course of business presumes knowledge of content
* Possession of 6 or more similar or identical obscene articles is presumed intent to promote
