Test 2 Flashcards

(50 cards)

1
Q

Kidnapping (2C:13-1)

A

Typically 1 Deg, 2nd Deg if victim released and safe prior to apprehension.

Unlawful removal or confinement of a person for an illicit purpose.

** Must be for a substantial period of time or distance **

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2
Q

Criminal Restraint (2C:13-2)

A

Restrains another person, while in fear of injury OR for involuntary servitude.

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3
Q

False Imprisonment (2C:13-3)

A

Restrain another against their will and taking away their liberty. NO RISK BI/SBI

Affirmative Defense - Parent controlling their child.

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4
Q

Interference with Custody (2C:13-4A)

A
  1. Knowingly take / detain / conceal child under 18 y/o
    2, From custody of parent/guardian/custodian
  2. For purpose of depriving other parent of significant parenting time.

Remove child from country w/out court order; serious violation of custody agreement; allegations of abuse/neglect = arrest.

Affirmative Defense: Actions necessary to protect childs welfare, consent of other parent was believed to be had.

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5
Q

Interference of Custody of Committed Person (2C:13-4B)

A

Taking or enticing any committed person to leave or go away from committment.

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6
Q

Criminal Coercian (2C:13-5)

A

Coercian = Controlling Conduct

Unlawfully restrict another by threats of:

  1. Inflict bodily injury
  2. Commit or accuse of an offense
  3. Expose detrimental secret
  4. Take/withhold official action or cease action to be taken
  5. Start or continue illegitimate labor action
  6. Testify/refuse to testify in court
  7. Perform act designed to upset or harm (slandering another individual).

If you dont do this, ill do that

IF FOR MONEY = EXTORTION

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7
Q

Attempting to Lure/Entice a Child into MV / Structure (2C:13-6)

A

Attempting to lure a child (or believed to be) via electronic or any other means into MV or structure OR isolated area w/a purpose to commit a criminal crime with or against.

MUST BE A CRIME - NOT DP / PDP

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8
Q

Attempting to Lure/Entice an adult into MV / Structure (2C:13-7)

A

Same as child but an adult can not be lured electronically!!!!!

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9
Q

Human Trafficking (2C:13-8)

A
  1. Knowingly hold, recruit, lure, entice or harbor
  2. Another person
  3. For sex/labor trade function (slavery)
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10
Q

Operating a Facility for Sale of Stolen Automobile Parts (2C:20-16)

A

Chop Shop

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11
Q

Employing a Juvenile to commit auto theft (2C:20-17)

A
  1. Person > 18
  2. Uses solicits or hires
  3. Juvenile
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12
Q

Leader of Auto Theft Trafficking Network (2C:20-18)

A

Conspiring with another (2 OR MORE PEOPLE), and is the organizer, supervisor or manager to engage in for profit auto theft.

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13
Q

Computer Criminal Activity (2C:20-25)

A

Purposely or knowingly
Alter Damage or Destroy any part of a computer

** Messing with a computer without authorization **

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14
Q

Unauthorized Use of ATP Card / Food Stamps (2C:20-35)

A
  1. Use without authorization
  2. Receives / Uses proceeds of food stamps or ATP
  3. Any transaction to convert food stamps to other property
  4. Transferring food stamps to another person
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15
Q

Threats and Improper Influence in Official and Political Matters (2C:27-3)

A

Threatening harm to a public servant, to influence a decision, opinion, recommendation, vote etc.

** Similar to Bribery but with a threat of harm**

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16
Q

Retaliation for Past Official Action (2C:27-5)

A
  1. Harming another by unlawful act
  2. For retaliation for service as a public servant

** Not necessarily to the servant himself**

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17
Q

Gifts to Public Servants (2C:27-10)

A
  1. Knowingly under public service
  2. Solicit, accept or agree to accept OR CONFERS or agrees to CONFER
  3. Any benefit not allowed by law
  4. To influence performance of decision making
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18
Q

Theft Charge Test Q

A

In a continuing course of conduct the amounts may be added together to increase the severity of the crime!!!

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19
Q

Theft Dollar / Degree Amounts

** TEST QUESTION **

A

2nd Deg > $75K
3rd Deg $500 - $75K
4th Deg $200 - $500
DP -

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20
Q

Value in Theft Charges are determined by the ______________ _____ __________

A

TRIER OF FACTS - JUDGE

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21
Q

Theft by Unlawful Taking or Disposition (2C:20-3A)

A

THEFT - Theft alone is not a charge, Theft by Unlawful Taking or Disposition IS

22
Q

Theft by Deception (2C:20-4)

A

Red Cross Imitator or Contractor asking for deposit for a job they don’t intend to do. Deceiving someone to give the actor money.

23
Q

Theft by Extortion (2C:20-5)

A

Unlawful obtains property of another by extortion. IE: Blackmail / Coercion with money.

24
Q

Theft of Property Lost, Mislaid or Delivered (2C:20-6)

A

Need to know identity of property that was lost. IE: Wallet with no ID - KEEP THE SHIT, but wallet with ID - must surrender or return.

25
Receiving Stolen Property (2C:20-7)
Possession of Stolen Property is not a charge in NJ!!!!! THis is the charge for someone in possession of stolen property. IE:Pawn broker with equipment under value.
26
Theft of Services (2C:20-8)
Obtain a service through deception. | IE: Not paying toll, etc.
27
Theft by Failure to Make Required Disposition of Property Received (2C:20-9)
Substitute Disposition for Deposit - FAIL TO MAKE DEPOSIT OF FUNDS LAWFULLY IN CONTROL OF.
28
Unlawful Taking of Means of Conveyance (2C:20-10)
Taking means of conveyance without owners consent TEMPORARILY. MRBASHBT ``` Motorcycle Raft Boat Auto Surfboard Horse Bike Train ```
29
Joyriding (2C:20-10D)
Passengers inside of a stolen vehicle
30
Shoplifting (2C:20-11)
Unlawful taking of any merchandise
31
Theft of Library Materials (2C:20-12/13)
Unlawful taking or concealing of items from a library OR MUSEUM
32
Leader of Organized Retail Theft Enterprise (2C:20-11.2)
Conspiring with others to engage in for profit shoplifting scheme.
33
Burglary (2C:18)
Entering and remaining inside of a structure without permission with the intent to commit a crime. OR Tresspassing on utility company property where notice is posted prohibiting action or fencing is in place = BURGLARY!!!!
34
Structure Definition REF Burglary
Any building, room, ship, vessel, car, vehicle or airplane OR any location for overnight accommodation (hotel room) or for carrying out business within even if unoccupied by anyone (Lumber yard, car lot, junk yard, etc.)
35
Criminal Trespass
"Unlicensed entry of a structure" - Entering or remaining within a structure, knowing not allowed OR - Being a Peeping Tom Burglary minus the intent to commit a crime.
36
Defiant Trespass
Entering or remaining in a place without license or priveledge, where reasonably clear notice has been given against trespassing (sign, fence, verbal notice, etc).
37
Damaging Tangible Lands
Damaging lands, for profit agriculture, without permission. Driving or riding on land for profit agriculture.
38
Creating a Hazard (2C:40)
Must take doors off refridgerator!
39
Hazing (2C:40-3)
Hazing with no injury (NORMAL HAZING)
40
Aggravated Hazing (2C:40-3)
Hazing WITH INJURIES
41
Portable Heaters
ARE COVERED IN 2C
42
Tampering (2C:40-17)
Tampering with food, medicine and cosmetics is illegal. IE: Tylenol scare
43
Tattooing a minor - tattoo artist only needs _____________
Permission from parent.
44
Loitering for purpose of engaging in prostitution (2C:34-1.1)
Wandering, remains or prowls in public place to promote prostitution.
45
Obscenity for Person Over 18 (2C:34-2)
Knowingly sell, distribute, rent or exhibit obscene material to person over 18 years old.
46
Public Communication of Obscenity (2C:34-4)
Knowingly communicate obscene material or cause/permit it to be publicly displayed. IE: Porn video on minivan TV screens
47
Diseased Person Committing Act of Sexual Penetration (2C:34-5)
Infected with venereal disease and having sexual intercourse with another person. If AIDS/HIV elevated charge.
48
Megan's Law Has ____ Tiers
Three
49
Megan's Law Offenders must register within _____ days of moving.
10
50
Megan's Law Offenders must register if attending college for ____ straight days, or ____ days per 365 if not consecutive.
30 straight / 14 per year.