Test 2 Flashcards
(50 cards)
Kidnapping (2C:13-1)
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 **
Criminal Restraint (2C:13-2)
Restrains another person, while in fear of injury OR for involuntary servitude.
False Imprisonment (2C:13-3)
Restrain another against their will and taking away their liberty. NO RISK BI/SBI
Affirmative Defense - Parent controlling their child.
Interference with Custody (2C:13-4A)
- Knowingly take / detain / conceal child under 18 y/o
2, From custody of parent/guardian/custodian - 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.
Interference of Custody of Committed Person (2C:13-4B)
Taking or enticing any committed person to leave or go away from committment.
Criminal Coercian (2C:13-5)
Coercian = Controlling Conduct
Unlawfully restrict another by threats of:
- Inflict bodily injury
- Commit or accuse of an offense
- Expose detrimental secret
- Take/withhold official action or cease action to be taken
- Start or continue illegitimate labor action
- Testify/refuse to testify in court
- Perform act designed to upset or harm (slandering another individual).
If you dont do this, ill do that
IF FOR MONEY = EXTORTION
Attempting to Lure/Entice a Child into MV / Structure (2C:13-6)
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
Attempting to Lure/Entice an adult into MV / Structure (2C:13-7)
Same as child but an adult can not be lured electronically!!!!!
Human Trafficking (2C:13-8)
- Knowingly hold, recruit, lure, entice or harbor
- Another person
- For sex/labor trade function (slavery)
Operating a Facility for Sale of Stolen Automobile Parts (2C:20-16)
Chop Shop
Employing a Juvenile to commit auto theft (2C:20-17)
- Person > 18
- Uses solicits or hires
- Juvenile
Leader of Auto Theft Trafficking Network (2C:20-18)
Conspiring with another (2 OR MORE PEOPLE), and is the organizer, supervisor or manager to engage in for profit auto theft.
Computer Criminal Activity (2C:20-25)
Purposely or knowingly
Alter Damage or Destroy any part of a computer
** Messing with a computer without authorization **
Unauthorized Use of ATP Card / Food Stamps (2C:20-35)
- Use without authorization
- Receives / Uses proceeds of food stamps or ATP
- Any transaction to convert food stamps to other property
- Transferring food stamps to another person
Threats and Improper Influence in Official and Political Matters (2C:27-3)
Threatening harm to a public servant, to influence a decision, opinion, recommendation, vote etc.
** Similar to Bribery but with a threat of harm**
Retaliation for Past Official Action (2C:27-5)
- Harming another by unlawful act
- For retaliation for service as a public servant
** Not necessarily to the servant himself**
Gifts to Public Servants (2C:27-10)
- Knowingly under public service
- Solicit, accept or agree to accept OR CONFERS or agrees to CONFER
- Any benefit not allowed by law
- To influence performance of decision making
Theft Charge Test Q
In a continuing course of conduct the amounts may be added together to increase the severity of the crime!!!
Theft Dollar / Degree Amounts
** TEST QUESTION **
2nd Deg > $75K
3rd Deg $500 - $75K
4th Deg $200 - $500
DP -
Value in Theft Charges are determined by the ______________ _____ __________
TRIER OF FACTS - JUDGE
Theft by Unlawful Taking or Disposition (2C:20-3A)
THEFT - Theft alone is not a charge, Theft by Unlawful Taking or Disposition IS
Theft by Deception (2C:20-4)
Red Cross Imitator or Contractor asking for deposit for a job they don’t intend to do. Deceiving someone to give the actor money.
Theft by Extortion (2C:20-5)
Unlawful obtains property of another by extortion. IE: Blackmail / Coercion with money.
Theft of Property Lost, Mislaid or Delivered (2C:20-6)
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.