SCCA Person Flashcards
(31 cards)
The accused was on any highway or at a public gathering grossly intoxicated or otherwise conducting himself in a disorderly or boisterous manner
or
The accused was using obscene or profane language in hearing distance of school, church or any public place
or
while under the influence or feigning to be, was accused discharging 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
Public Disorderly Conduct
It is unlawful for a person to drive a motor vehicle within this state while under the:
Influence of alcohol to the extent that the persons faculties to drive are materially and appreciably impaired; or influence of any other drug or combination of other drugs or substances which cause impairment to the extent that the persons faculties to drive are materially and appreciably impaired; or combined influence of alcohol ad any other drug or drugs, or substances which cause impairment to the extent that the persons faculties to drive are materially and appreciably impaired.
COURT: Summary Court (1st offense)
General Sessions Court (2nd and Subsequent Offenses)
Driving under the influence
Unlawful killing of another person. With malice aforethought, either express or implied.
COURT: General sessions
Murder
Unlawful killing of another person, WITHOUT malice
COURT: General Sessions
Voluntary Manslaughter
Unlawful killing of another person resulting from criminal negligence
COURT: General Sessions
Involuntary Manslaughter
Unlawful killing of another person. Operation of a vehicle in reckless disregard of the safety of others.
COURT: General Sessions
Reckless vehicular manslaughter
The actor drives a vehicle while under the influence of alcohol and or drugs and does an act forbidden by law or neglects a duty imposed by law and the act or neglect approximately causes great bodily injury or death to ANOTHER PERSON
COURT: General Sessions
Felony DUI
It is unlawful and willfully to deliver or convey to a public official or employee 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 official or immediate family
COURT: General Sessions
Threatening Life, Person, or Family of Public Official or Employee
A person who, with intent to kill, attempts to kill another person with malice aforethought, either expressed or implied. A person who violates this section is guilty of a felony, and, upon conviction, must be imprisoned for not more than thirty years. A sentence imposed pursuant to this section ma not be suspended nor may probation be granted.
COURT: General Sessions
Attempted Murder
unlawfully causes great bodily injury to another person results; or the act is accomplished by means likely to produce death or great bodily injury
COURT: General session and Summary Court
Assault and battery of a high and aggravated nature
a person unlawfully injures another person, and the act involves non-consensual touching of private parts of a person, either under or above clothing, with lewd and lascivious intent; or occurred during the commission of a robbery, burglary, kidnapping or theft; or offers or attempts to injure another person with the present ability to do so, and the act is accomplished by means likely to produce death or great bodily injury
COURT: General session and Summary Court
Assault and battery of the first degree
a person commits the offense if the person unlawfully injures another person, or offers or attempts to injure another person with the present ability to do so and moderate bodily injury to another person could have resulted; or the at involves the nonconsensual touching of the private parts of a person, either under or above clothing
COURT: General session and Summary Court
Assault and battery of the second degree
a person commits the offense if the person unlawfully injures another person, or offers or attempts to injure another person with the present ability to do so
COURT: General session and Summary Court
Assault and battery of the third degree
person knowingly and willfully resists any lawful arrest
COURT: General Sessions
Resisting Arrest
Person knowingly and willfully assaults, beats or wounds a law enforcement officer when resisting lawful arrest
COURT: General Sessions
Assault on officer while resisting arrest
Any person who uses or threatens use of a deadly weapon against the officer when such person is in possession or claims to be in possession of a deadly weapon while resisting lawful efforts of a law enforcement officer to arrest him or any other person
COURT: General Sessions
Resisting arrest with a deadly weapon
One may not transport alcoholic liquors in a motor vehicle if the cap or seal is opened or broken in any motor vehicle except in a trunk, luggage compartment or cargo area that is i separate and distinct from the drivers and passengers compartment
COURT: Magistrates Court
Illegal Transportation of Alcoholic Liquors
One may not possess an pen container of beer or wine in a motor vehicle of any kind while located upon the public highways or highway rights of this state, except in the trunk or luggage compartment
COURT: Magistrates Court
Open containers of beer or wine in vehicle
a person under the age of twenty one may not purchase, attempt to purchase, consume or knowingly have in his possession of beer, ale, porter wine, or other similar malt or fermented beverage
COURT: Magistrates court
Possession of beer or wine by person under twenty-one
Person under the age of twenty one may not purchase or attempt to purchase, consume knowingly have in his possession alcohol liquors or falsely represent his or her age for purposes of procuring alcoholic liquors
COURT: Magistrates court
Purchase or possession of liquor by minor
Unlawfully seize, confine, inveigle, decoy, abduct or carry away any other person by any means whatsoever without authority of law except when a minor is seized or taken by his parent
COURT: General Sessions
Kidnapping
Sexual battery with the victim and uses aggravated force or the victim is also the victim of forcible confinement, kidnapping, robbery, extortion, burglary, housebreaking or a similar offense
OR
date rape drug law
COURT: General Sessions
Criminal Sexual Conduct First Degree
sexual battery with the victim and uses aggravated coercion
COURT: General Sessions
Criminal Sexual Conduct Second degree
Sexual battery with the victim and uses force or coercion in the absence of aggravating circumstances or sexual battery with the victim and the actor knows, or has reason to know, that the victim is mentally defective or mentally incapacitated or physically helpless. Aggravated force or aggravated coercion was not used.
COURT: General Sessions
Criminal Sexual Conduct Third Degree