PL- Session 13- Riot, Public Order, Weapons (FREQUENT QUESTIONS)

Question 1

Frequent Question

What constitutes Riot 2nd?

Answer 1

• Engaging in tumultuous and violent conduct
• Simultaneously with four or more persons (Minimum 5 people total)
• Intentionally or recklessly causing a grave risk of public alarm.

A Misdemeanor

Question 2

Frequent Question

What constitutes Riot 1st?

Answer 2

• Engaging in Riot 2nd (violent or tumultous conduct)
• With ten or more persons (Minimum 11 total)
• Resulting in physical injury or substantial property damage.

E Felony

Question 3

Frequent Question

What is Inciting a Riot?

Answer 3

Urging ten or more persons to engage in tumultuous and violent conduct likely to create public alarm.

A Misdemeanor

Question 4

Frequent Question

What constitutes Unlawful Assembly?

Answer 4

• Assembles with 4 or more persons (Minimum 5 people total)
• For the purpose of engaging or preparing to engage with them in tumultuous and violent conduct likely to cause public alarm

B Misdemeanor

Question 5

Frequent Question

What is Criminal Anarchy?

Has not been the answer to a question but has appeared as an incorrect choice in questions regarding this section

Answer 5

Advocating the overthrow of the existing government of this state by violence or advocacy / accociation for violent overthrow

E felony

Violent part is key otherwise its just a political view

Question 6

Frequent Question

What constitutes Disorderly Conduct?

Answer 6

With intent to cause public inconvenience, annoyance and alarm, or recklessly creating a risk thereof a person:
1. Engages in fighting or in violent tumultous or threatening behavior
2. Makes unreasonable noise
3. In a public place uses abusive or obscene language or makes an obscene gesture
4. Without lawful authority disturbs any lawful assembly or meeting of persons
5. Obstructs vehicular or pedestrian traffic
6. Congregates with other persons in a public place and refuses to comply with a lawful order of the police to disperse
7. Creates a hazardous or physically offensive condition by any act which serves no legitimate purpose

Violation

Unreasonable noise has been an examiner favorite

Question 7

Frequent Question

What constitutes Harassment 2nd?

Answer 7

With intent to harass, annoy or alarm another a person:
1. Strikes, shoves, kicks or otherwise subjects such other person to physical contact or attempts or threatens to do the same
2. Follows a person in or about a public place or places
3. Engages in a course of conduct or acts which alarm or seriously annoy such person and which serve no legitimate purpose

Violation

Question 8

Frequent Question

What constitutes Aggravated Harassment 2nd?

Answer 8

With intent to harass, annoy or alarm another a person:
1. With intent to harass another communicates or causes a communication that is a threat to cause physical harm or unlawful harm to property.
2. With intent to harass or threaten another person, he or she makes a telephone call, whether or not a conversation ensues, with no purpose of legitimate communication
3. Commits Harassment 2nd Subd. 1 (strikes, shoves, kicks) another based on race, color, origin ancestry, gender expression, religion, age, disability, sexual orientation regardless of wether perception is correct
4. With intent to harass, annoy, threaten, or alarm another said person strikes, shoves, kicks, or otherwise physically contacts another causing physical injury
5. Commits Harassment 1st and has a prior conviction of Harassment 1st in the proceeding 10 years

A Misdemeanor

Examiner Favorite:
Commits Harassment 2nd Subd. 1 (strikes, shoves, kicks) another based on race, color, origin ancestry, gender expression, religion, age, disability, sexual orientation regardless of wether perception is correct

Question 9

Frequent Question

What constitutes Aggravated Harassment 1st?

Answer 9

With intent to harass, annoy or alarm another a person based on race, color, origin ancestry, gender expression, religion, age, disability, sexual orientation etc. :
1. Damages religious premises and the damage exceeds $50.00
2. Commits the crime of Aggravated Harassment 2nd Subd. 3 (shoves kicks, etc) and has a prior conviction of Aggravated Harassment 2nd Subd. 3 or Aggravated Harassment 1st in the preceding 10 years
3. Places a swastika on any building or other real property, public or private, without the expressed permission of the owner
4. Sets on fire a cross in public view
5. Displays a noose on any building or real property, public or private without express permission from the owner

E Felony

Examiner Favorite:
Damages religious premises and the damage exceeds $50.00

Question 10

Frequent Question

What constitutes Loitering?

Answer 10

1. Loiters or remains in a public place for the purpose of gambling
2. Loiters on school grounds not having any legitimate reason
3. Loiters in any transportation facility for commercial purpose (taxis)

Violation

Question 11

Frequent Question

What constitutes Appearance in Public Under The Infulence of Narcotics or a Drug Other Than Alcohol?

Answer 11

Appearing in a public place under the infulence of narcotics or a drug other than alcohol to the degree that he may endanger himself or other persons or property or annoy persons in his vicinity

Violation

Question 12

Frequent Question

What constitutes Criminal Nuisance 1st?

Answer 12

A person knowingly, conducts, or maintains any premises, place or resort where persons gather for the purposes of engaging in the unlawful sale of controlled substances

E Felony

Question 13

Not yet tested but PTS believes it could appear

What constitutes Unlawful Dissemination or Publication of an Intimate Image?

Answer 13

When knowing (or should know) they do not have consent of another individual and with intent to cause harm to the emotional financial or physical welfare of Another person:
* Intentionally disseminate or publishes still image or video depicting such person with one or more intimate parts, exposed or engaging in sexual conduct

A Misdemeanor

Question 14

Frequent Question

What is a firearm?

Answer 14

1. Any pistol, revolver, or shotgun - barrel less than 18 inches
2. Rifle - barrel less than 16 inches
3. Assault weapon

Does not include antiques which are:
1. Muzzel loading pistol or revolver with matchlock ignition system
2. Pistol or revolver which utilizes cartridges no longer commercially available

Question 15

Frequent Question

What is a disguised gun?

Answer 15

Any weapon capable of being concealed that is designed to appear as something other than a gun or to be a toy gun

Question 16

Frequent Question

What is an automatic knife?

Answer 16

1. Stiletto knife
2. Switchblade knife
3. Cane sword
4. Pilum ballistic knife
5. Metal knuckle knife

Gravity knife deleted 2019

PTS does not know why dagger and dirk are not included

Question 17

Frequent Question

What is Criminal Possession of a Weapon 4th?

Answer 17

Posesses:

1. Any firearm, electronic dart gun, electronic stun gun, switchblade knife, pilum ballistic knife, metal knuckle knife, cane sword, billy, blackjack, bludgeon, plastic knuckles, metal knuckles, chuka stick, sand bag, sandclub, wrist-brace type slingshot or slungshot, shuriken, or throwing star (strict liability no excuses)
   2.Any dagger, dangerous knife, dirk, machete, razor, stiletto, imitation pistol, undetectable knife or any other dangerous or deadly instrument or weapon with intent to use the same unlawfully against another (presumed intent, will be arrested and they can try to prove lawful use, this presumption does not apply to razor, machete or imitation pistol)
2. Possession of rifle, shotgun, antique firearm, black powder rifle or shotgun, or any muzzel loaded firearm by person with prior felony or serious offense conviction
3. Possession of a dangerous or deadly weapon by non U.S. citizen
4. Certified psycho possesses rifle or shotgun and refuses to surrender it to police
5. Knowingly possess explosive bullet
6. Possess armor piercing ammunition with unlawful intent
7. Possess ghost gun, prohibited firearm, shotgun, or rifle component
8. Possession of unserialized frame or receiver

A Misdemeanor

Most frequent question involves:
Presumed intent in #2 and exceptions being razor, machete, and imitation pistol with razor almost always being the answer

Question 18

Frequent Question

What constitutes Criminal Possession of a Weapon 3rd?

Answer 18

1. Commits CPW 3rd (Long list, Short List, or Non US Citizen) with any prior criminal conviction
2. Possesses heavy duty items (Bombs, silencers, machine guns)
3. Defaced machine gun, firearm, rifle, shotgun for the purposes of concealment, preventing crime detection, or misrepresenting weapon identity
4. Possesses 3 or more firearms or possession of firearm with prior conviction of a Felony or Class A Misdemeanor in previous 5 years (Possession in home or business doesnt count)
5. Possession of disguised gun
6. Possession of assault weapon
7. Possession of large capacity ammo feeding device (10+ rounds)
8. Possession of unloaded firearm during commission of drug trafficking felony
9. Possession of an unloaded firearm during a violent felony offense

D Felony

Most frequent question involves:
1. Commits CPW 3rd (Long list, Short List, or Non US Citizen) with any prior criminal conviction
2. Possesses heavy duty items (Bombs, silencers, machine guns)

Question 19

Frequent Question

What constitutes Criminal Possession of a Weapon 2nd?

Answer 19

With intent to use unlawfully:
1. A person possesses a Machine Gun
2. A person possesses a LOADED firearm
3. A person possesses a Disguised Gun

No unlawful intent required:
1. A person possesses a 5 or more firearms

• If with no unlawful intent a person posesses a loaded firearm in their home or place of business the offense drops to CPW 4th A Misdemeanor

This reduction has been tested by examiners

C Felony

Question 20

Frequent Question

What constitutes Criminal Possession of a Weapon 1st?

Answer 20

With intent to use unlawfully:
1. A person possesses an explosive substance

With no specified intent:
1. A person possesses a 10 or more firearms

B Felony

Frequent Question
* Rodger is going to rob a bank which he walks into while open for business
* He is going to use the bomb to rob the bank by blowing up the safe door
* He walks in and decides against it

What crime has he committed?

Many pick Burglary but this is wrong because he did not unlawfully enter the bank was open for business
He committed CPW 1st

Question 21

Frequent Question

Who is exempt from certain Article 265 provisions?

Answer 21

Police officers, peace officers, military members, licensed individuals, wardens, firing ranges etc

Frequently tested question:
An executor of one of these individuals’ wills has 15 days to dispose of or turn over the weapon or weapons to police

Question 22

Frequent Question

What consitutes Certain Wounds to be Reported?

Answer 22

Physicians and hospitals must report to the police every case of a:
1. Bullet wound
2. Gunshot wound
3. Powder burn
4. Any other injury arising from or caused by the discharge of a firearm
5. Any injury that is likely to or may result in death from a knife, ice pick or other sharp instrument

Question 23

Frequent Question

What consitutes Burn Injury and Wounds to be Reported?

Answer 23

Physicians and hospitals must report to the Office of Fire Prevention and Control every case of a:
1. Burn injury or wound resulting in 2nd or 3rd degree burns to 5% or more of their body
2. Any burns to the upper respiratory tract or laryngeal edma due to the inhalation of superheated air
3. Every case of a burn likely to result in death

Question 24

Frequent Question

What are the presumptions under article 265 regarding:
1. Machine Guns found in any room, structure, dwelling, or vehicle
2. Stolen vehicle containing a weapon defined under Article 265
3. Non-stolen vehicle containing a weapon defined under Article 265

Answer 24

1. Machine gun in any room, structure, dwelling, or vehicle- presumed to be possessed by ALL persons (No Exceptions)
2. Weapon defined under Article 265 in a stolen vehicle- presumed to be possessed by ALL persons (No Exceptions)
3. Weapon defined under Article 265 in a non-stolen vehicle- presumed to be possessed by ALL persons (3 exceptions)
   * Found on one of the occupant’s person
   * Driver is in lawful pursuit of his trade (taxi/ uber)
   * Occupant of vehicle has valid license to carry pistol/ revolver

Example:
* Roger picks up Tondelayo
* They get pulled over
* Cop sees gun in back seat, investigation commences, vehicle comes back stolen
* Everybody goes

Question 25

# Frequent Question What is required when a firearm is reported lost or stolen?

Answer 25

* Must report within 24 hours to police department or sheriff's office * Police officer must forward notice to state police via NYSPIN | A Misdemeanor

Question 26

# Frequent Question What are the offenses regarding possession and sale of fireworks?

Answer 26

1. Possession of fireworks- Violation 2. Sale of fireworks- B Misdemeanor 3. Sale of $500 or more of fireworks- A Misdemeanor 4. Sale of **Dangerous Fireworks** to a person less than 18- A Misdemeanor (**E Felony** if **previous conviction** of such sale in **last 5 years**) 5. Possession of **$150 or more** in fireworks is presumed **intent to sell** ## Footnote * "**Dangerous Fireworks**" means any fireworks capable of causing serious physical injury and which are: **firecrackers** containing **more than fifty milligrams of any explosive substance**, torpedoes, skyrockets and rockets including all devices which employ any combustible or explosive substance and which rise in the air during discharge, Roman candles, and bombs, provided * In **cities with a population of one million or more**, the term "**dangerous fireworks**" shall also include **sparklers more than ten inches in length or one-fourth of one inch in diameter**, or chasers including all devices which dart or travel about the surface of the ground during discharge.

Question 27

# Frequent Question What constitutes Creating a Hazard under Article 270

Answer 27

**A person is guilty of creating a hazard when:** 1. **Having discarded in any place where it might attract children**, a container which has a compartment of more than one and one-half cubic feet capacity and a door or lid which locks or fastens automatically when closed and which cannot easily be opened from the inside, he fails to remove the door, lid, locking or fastening device (**Refrigerator**) 2. Being the **owner or otherwise having possession** of property upon which an **abandoned well or cesspool** is located, he **fails to cover** the same with suitable protective construction. | B Misdemeanor

Question 28

# Frequent Question What constitutes Unlawful Wearing of Body Armor?

Answer 28

* Commits a violent felony * Possesses a firearm, rifle or shotgun * Wears body armor during this offense Violent felonies defined in P.L. 70.02 | E Felony ## Footnote * They often test the offenses that would make wearing body armour during the offense Unlawful Wearing of Body Armor **Top choices given by examiners:** * Assault 2nd * Intimidating a Witness 2nd

Question 29

# Frequent Question What constitutes Unlawful Purchase of Body Armor?

Answer 29

Purchase of take posession of body armour and the individual is not: 1. Police officer 2. Peace officer 3. Military 4. Otherwise designated personnel | A Misdemeanor first offense/ E Felony each subsequent offense

Question 30

# Frequent Question What constitutes Unlawful Sale of Body Armor?

Answer 30

Unlawfully sell, give, etc body armour to a person and the individual is not: 1. Police officer 2. Peace officer 3. Military 4. Otherwise designated personnel | A Misdemeanor first offense/ E Felony each subsequent offense