2011 Criminal Law (De Specific)

Front 1

Assault 1st Degree (F)

Back 1

Intentionally: (1) Causes serious physical injury w/deadly weapon/instrument;
(2) permanently disables/disfigures someone;
(3) Causes serious phys injury to public officer acting in lawful duties or healthcare prof rendering ER care; or
(4) Causes SPI to person 62 years or older.

Recklessly: (1) Creates substantial risk of death and causes SPI

Intentionally or Recklessly: (1) Causes SPI while committing, attempting, or fleeing from any felony.

Front 2

Assault 2nd Degree(F)

Back 2

Intentionally: (1) Causes PI to law enforcement, EMT, fireman acting in duty or assault relates to official position; or
(2) Causes PI to any state EE or officer discharging a duty of his employment

Intentionally or Recklessly: (1) Causes PI to person 62 or older or pregnant woman;
(2) Causes PI by means of deadly weapon/inst;
(3) Causes SPI to another; or
(4) D is over 18yrs and causes PI to person under 6yrs.

Front 3

Assault 3rd Degree (M)

Back 3

Intentionally or Recklessly: (1) Causes PI to another

W/Criminal Negligence: (1) Causes PI by means of deadly weapon/inst.

Front 4

Offensive Touching (M)

Back 4

Intentionally: (1) Touches another w/body or inst, KNOWING likely to cause offense or alarm.

Front 5

Menacing(M)

Back 5

Intentionally: (1) By movement of body/instrument places another in fear of imminent PI. (DW=aggrvtd)

Front 6

Disorderly Conduct(M)

Back 6

Intentionally: (1) Causes public inconvenience, annoyance or alarm to another or creates risk thereof by:
(a) Engaging in violent acts/behavior;
(b) Unreasonable/offensive noise;
(c) Disturbing lawful assembly;
(d) Obstructing food/vehicle traffic;
(e) Refusing to disperse;
(f) Creating purposeless hazardous condition; or
(g) Wears costumes for purpose of depriving; another of const. rights.

Front 7

Resisting Arrest(M)

Back 7

Intentionally: (1) Prevents/attempts to prevent peace officer from effecting arrest/ (irrespective of whether arrest/detention is lawful);
(2) Flees from officer effecting arrest; or
(3) Injures/struggles w/officer.

Front 8

Abuse of Pregnant Female (F)

Back 8

(1) In furtherance of commission or attempted commission of assault 3rd or violent F;
(2) Against preg V; and
(3) w/out consent causes unlawful termination of preg.

Front 9

Kidnapping 1st (F)

Back 9

Unlawful Restraint FOR EITHER:
(1) Ransom/reward;
(2) To use V as shield/hostage;
(3) To facilitate felony;
(4) To terrorize V or 3rd person; OR
(5) To take child <18 from lawful parent/guardian.
PLUS: D does not vol release V alive, unharmed, and in a safe place prior to trial.

Front 10

Kidnapping 2nd(F)

Back 10

Note: Same as kidnapping 1st, but D vol releases V alive, unharmed (no sexual contact/rape), and in safe place prior to trial.

Front 11

Unlawful Imprisonment 1st (F)

Back 11

(1) Unlawfully restrains another;
(2) Under circs exposing person to risk of SPI
Note: Where one just unlawfully restrained = 2nd Degree (M)

Front 12

Arson 1st (F)

Back 12

Intentionally: (1) Damages a building by fire or explosion AND
(a) Knows another (not accomplice) is present in building; OR
(b) Knows of circs rendering presence of another therein a R possibility.

Front 13

Arson 2nd (F)

Back 13

Intentionally: (1) Damages building by fire or explosion.
AFF DEF: Lawful, consensual among owners, non-dangerous destruction of building.

Front 14

Arson 3rd (F)

Back 14

Recklessly: (1) Damages building by intentionally causing fire/explosion.
AFF DEF: Only D had an interest in the building.

Front 15

Reckless Burning (M – unless total loss over $1500, then F)

Back 15

Recklessly: (1) Intentionally causes fire/explosion;
(2) On property;
(3) Placing property or person in danger of damage or injury.

Front 16

Criminal Mischief (F if damages over $5k)

Back 16

Intentional or Reckless: (1) Damages another’s property; or
(2) Tampers w/property that endangers person or property; or
(3) Tampers w/property of a utility w/no lawful purpose.

Front 17

Burglary 1st (F)

Back 17

Knowingly: (1) Enters or remains unlawfully;
(2) In a dwelling;
(3) At night (30 mins after sunset through 30 mins before sunrise);
(4) W/intent to commit crime therein (Can be formed before, during, or after entry); AND
(a) Is armed w/deadly weapon; OR
(b) Causes PI to non-participant.

Front 18

Burglary 2nd (F)

Back 18

Knowingly: (1) Enters or remains unlawfully;
(a) In dwelling w/intent to commit crime therein; OR
(b) In building armed w/deadly weapon OR causes PI to non-participant.

Front 19

Burglary 3rd (F)

Back 19

Knowingly: (1) Enters/remains unlawfully in a building w/intent to commit crime therein.

Front 20

Criminal Trespass(M)

Back 20

Knowingly: (a) 1st Degree: In dwelling/animal shelter
(b) 2nd Degree: On enclosed property
(c) 3rd Degree: On property

Front 21

Robbery 2nd (F)

Back 21

(1) In course of committing theft;
(2) Uses/threatens force;
(3) W/intent to prevent/overcome resistance; or compel owner to give up property.

Front 22

Robbery 1st (F)

Back 22

(1) Commits robbery 2nd; AND
(a) Causes PI to non-participant; OR
(b) Displays what appears to be deadly weapon or represents he is in poss of one; OR
(c) Armed with and threatens use of dangerous inst; OR
(d) V is 62yrs or older

Front 23

Theft (M)

Back 23

(1) D exercises control over;
(2) Property of another under $1500;
(3) w/intent to deprive or appropriate

Front 24

Theft (F)

Back 24

Note: Same as Theft(M), except
(1) Property over $1500; OR
(2) V is 60yrs or older

Front 25

Forgery 1st & 2nd (F)
- 3rd (M)

Back 25

Intentionally alters or executes any document. Degree correlates to the type of document. 1st = Money, stamps securities, or government materials. 2nd = deeds, public records, and public documents. 3rd = everything else

Front 26

Extortion (F)

Back 26

(1) Intent to commit theft;
(2) Compels/induces another;
(3) To delivery property to D or 3rd;
(4) By instilling fear that he will perform any act calculated to harm another, including:
(a) Physical injury to anyone;
(b) Property damage;
(c) Criminal conduct;
(d) Accusing of crime;
(e) Exposure of secret;
(f) Testify falsely;
(g) Use position as public servant to affect adversely.

Front 27

Bribery (F)

Back 27

(1) D offers, confers, or agrees to confer a personal benefit to public servant to influence his opinion, action, appointment or violate a duty.

Front 28

Perjury 1st(F)

Back 28

Person makes material false sworn testimony statement. If public instrument = 2nd

Front 29

CCDW(F)

Back 29

Carries a deadly weapon upon or about (immediately available & accessible) his person without a license.
AFF DEF: D proves he had license.
Note: DW can, but does not have to be a firearm.

Front 30

CC Dangerous Instrument (M)

Back 30

Carries concealed dangerous instrument upon or about his person.

Front 31

PDWDCF (F)

Back 31

Possesses a deadly weapon during the commission of a felony (no merger).

Front 32

Engaging in Firearms Transaction on Behalf of Another (F)

Back 32

Person purchases or obtains firearm on behalf of one not qualified to purchase, own or possess a firearm (straw purchase).

Front 33

Poss W/Intent to Deliver

Back 33

Possesses large quantity (less than Trafficking) of controlled substance.

Front 34

Possession (M)

Back 34

Possesses small quantity of controlled substance.

Note: This is a lesser included offense of PWID

Front 35

Trafficking (F)

Back 35

(1) On any single occasion sells, manufactures, delivers, brings into DE, or is in actual possession of:
(a) 10 grams of cocaine in any form;
(b) 5 pounds of marijuana;
(c) 2.5 grams of morphine;
(d) 5 grams of meth/amphetamine;
(e) 5 grams of PCP;
(f) 50 doses of LSD.

Front 36

Possession w/in 1000ft of School Property or 300ft of Park, Rec Area, or Place of Worship (F)

Back 36

Poss w/in 1000 ft of school or 300 ft of other prohibited places. No defense that D did not know he was within the prohibited distance. No merger.

Front 37

Use of Vehicle or Home to Keep Controlled Substances (F)

Back 37

Using dwelling, store, shop, warehouse, car, aircraft, etc. for keeping or delivering controlled substance.

Front 38

Poss of Hypodermic Needle and Syringe

Back 38

(1) Felony: Distribution
(2) Misdemeanor: Possess w/out physician certification that poss necessary for treatment.

Front 39

DUI (M, unless 3rd offense or more, then F)

Back 39

No person shall drive;
(1) When under influence of alcohol;
(2) When under influence of any drug (legal entitlement no defense);
(3) Under influence of any combination of alcohol or drugs;
(4) With BAC of .08% or more. (.02% for minors).

Front 40

Vehicular Assault 2nd (M)

Back 40

(1) While driving/operating MV causes SPI to another; or
(2) While driving/operating MV + DUI causes PI.

Front 41

Vehicular Assault 1st (F)

Back 41

Negligence: (1) While driving/operating MV;
(2) DUI;
(3) SPI to another.

Front 42

Vehicular Homicide 1st (F)

Back 42

Criminal Negligence: (1) While driving/operating MV;
(2) DUI;
(3) Causes death of another.

Front 43

Vehicular Homicide 2nd (F)

Back 43

(1) While driving/operating MV D’s criminal negligence causes death of another; OR
(2) While driving/operating MV + DUI D’s negligence causes death of another.

Front 44

Exploitation of Infirm Adult (M or F)

Back 44

(1) Exploitation (illegal/improper use of an individual’s resources or rights by another);
(2) At time of exploitation, V was infirm adult (18yrs or older + BC of phys/mental disability is substantially impaired in ability to provide adequately for own care or custody);
(3) Value of resources/rights exceeds $500.

Front 45

Stalking (F)

Back 45

Knowingly: (1) Engages in a course of conduct (3+ separate incidents);
(2) Directed at specific person; AND
(3) That would cause an R person to:
(a) Fear for physical injury of himself or another; OR
(b) Suffer other mental anguish/distress (not necessarily requiring prof treatment or counseling).
Note: Doesn’t apply to lawful picking; police; or private investigators.

Front 46

Harassment (M)

Back 46

Intentionally: (1) Intent to harass, annoy, or alarm another;
(2) AND EITHER:
(a) Insults, taunts, challenge the individual in a manner likely to provoke a violent or disorderly response; or
(b) Communicates by phone or other written or electronic means in a manner likely to cause annoyance or alarm (including obscene words + anonymous phone calls).

Front 47

Conspiracy 1st (F)

Back 47

Intentionally: (1) Intent to promote/facilitate commission of crime (class A felony);
(2) Agreement with one or more persons;
(3) Overt act in furtherance of the conspiracy.

Front 48

Conspiracy 2nd (F)

Back 48

Intentionally: (1) Intent to promote/facilitate commission of felony;
(2) Agreement with one or more persons;
(3) Overt act in furtherance of the conspiracy.

Front 49

Conspiracy 3rd (M)

Back 49

(1) Intent to promote/facilitate commission of crime misdemeanor;
(2) Agreement with one or more persons;
(3) Overt act in furtherance of the conspiracy.

Front 50

Attempt (degree is same as most serious offense D accused of committing)

Back 50

Intentionally: (1) Engages in conduct constituting crime if circs were as D believed them to be; OR
(2) Takes substantial step in course of conduct planned to culminate in commission of a crime. (act or omission which leaves no R doubt as to D’s intent to commit crime).

AFFDEF: Renunciation is defense under circs manifesting voluntary and complete renunciation of criminal purpose and if necessary taking further steps to prevent the commission of the crime.

Front 51

Criminal Solicitation

Back 51

Intentionally: (1) Intends another to engage in criminal conduct;
(2) Asks another to commit the crime.
(a) 1st Degree(F): Underlying crime is class A felony.
(b) 2nd Degree(F): Underlying crime is felony.
(c) 3rd Degree(M): Underlying crime is a misdemeanor.

Front 52

Reckless Endangering 2nd (M)

Back 52

(1) Recklessly creates a substantial risk of PI to another; OR
(2) Is person charged w/care & custody of minor and knowingly or with crim neg contributes to unlawful poss of firearm by the juvenile.

Front 53

Reckless Endangering 1st (F)

Back 53

(1) Creates substantial risk of death of another.

Front 54

Carjacking 2nd (F)

Back 54

Knowingly: Unlawfully takes possession/control from another by coercion, duress, or otherwise without permission

Front 55

Carjacking 1st (F)

Back 55

CJ 2nd + While in possession or control of vehicle:
(1) Commit/attempt a felony;
(2) DUI;
(3) Commits drug offense;
(4) Displays or represents deadly weapon while in control or while taking/attempting to take poss of the vehicle;
(5) Causes PI to another;
(6) V or any V in the car are 62yrs or older or 14yrs or younger.

Front 56

Endangering the Welfare of a Child (M)

Back 56

(1) P/G’s conduct injurious to phys/mental welfare of child or actions reflect neglect;
(2) Contributes to delinquency of child;
(3) Encourages/aids child to run away from home;
(4) Commits any felony, reckless endangering 2nd, assault 3rd, terr threatening, or unlawful imprisonment 2nd against V knowingly witnesses by child;
(5) DUI + knowingly permits child passenger; OR
(6) Commits drug offense knowing child is

Front 57

Sexual Exploitation of a Child (F)

Back 57

(1) Photographs or films; or finances, publishes, or permits such;
(2) Of a child engaging in a prohibited sexual act or in the simulation of such an act.

Front 58

Sexual Solicitation of a Child (F)

Back 58

(1) D is 18yrs or older AND
(a) Solicits to cause child under 18 to engage in prohibited sex acts;
(b) Solicits child under 16urs to meet D or any other person for purpose of engaging in prohibited sex acts; or
(c) Possesses descriptive or identifying information pertaining to child less than 16yrs for purpose of encouraging or soliciting prohibited sex act with child.

Front 59

Terroristic Threatening (M)

Back 59

(1) Threatens to commit crime likely to result in death or serious injury to person or property; OR
(2) Makes false statements
(a) Likely to cause evacuation;
(b) Likely to cause serious inconvenience; or
(c) In reckless disregard of risk of causing terror or serious inconvenience
(3) Commits act + intent of causing individual to believe that they have been exposed to a substance that will cause death or SPI.

Front 60

Terroristic Threatening (F)

Back 60

TT(M) PLUS: V 62yrs or older; or place of evacuation or serious inconvenience or terror is day care center, nursery, school, or long term care facility.

Front 61

Rape 1st (F)

Back 61

Sexual intercourse PLUS
(1) Without consent during commission, attempt, or flight from a crime;
(2) Without consent to prevent reporting of a crime and causes PI or serious emo injury;
(3) Without consent during the course of felony or dangerous misdemeanor;
(4) During Rape 2nd, 3rd, or 4th D displays what appears to be DW or DI or represents that he has same.
(5) V is under 12yrs; D is 18yrs or older;
(6) V is under 16yrs + D inflicts SPI on V.
(7) D disfigures/destroys organ of V’s body;
(8) D convicted of rape against 3 or more separate Vs;
(9) D previously convicted of unlawful sex intercourse 1st; rape 2nd, or rape 3rd or = offenses in other state.

Front 62

Rape 2nd (F)

Back 62

(1) Engages in sexual intercourse w/out consent; or
(2) Engages in sexual penetration PLUS any of the Rape 1st PLUS factors (1 through 6 only).

Front 63

Rape 3rd (F)

Back 63

(1) Engages in sexual intercourse PLUS V less than 16yrs; D 10 yrs older than V;
(2) Engages in sexual intercourse PLUS V less than 14yrs; D is 19yrs or older; OR
(3) Engages in sexual penetration PLUS
(a) Without consent + during commission or flight from crime;
(b) To prevent reporting of a crime causes PI or serious emo injury
(c) V under 16yrs + during commission/flight from crime + inflicts PI or serious emo injury.

Front 64

Rape 4th (F)

Back 64

Sexual Intercourse PLUS
(1) V under 16yrs; or
(2) V under 18; D 30yrs or older unless married;
Sexual Penetration PLUS
(1) Without consent; or
(2) V under 16yrs
AFFIRMATIVE DEFENSE: D no more than 4yrs older than V and V knowingly consented to the act and not younger than 12.

Front 65

Sexual Abuse of Child by Person in Position of Trust, Authority, or Supervision 1st (F)

Back 65

D stands in position of trust, authority or supervision AND:
(1) Engages in sex intercourse w/child under 16yrs;
(2) Engages in sex intercourse or penetration with child older than 16 but less than 18 and D at least 4 years older than V;
(3) Engages in sex intercourse or penetration with child older than 16, less than 18;
(4) Engages in act of extortion against child less than 16yrs.

Front 66

Sexual Abuse of Child by Person in Position of Trust, Authority, or Supervision 2nd (F)

Back 66

D stands in position of trust, authority, or supervision AND:
(1) Has sexual contact w/child under 16yrs;
(2) Exposes genital, breast, or buttocks to child under 16yrs + knows likely to cause annoyance or alarm + D at least 4yrs older than V;
(3) Solicits or attempts to include a child under 16yrs to have sexual contact + knows likely to cause annoyance or alarm + D at least 4yrs older than V.

Front 67

Unlawful Sexual Contact

Back 67

(1) D has sexual contact w/V or causes 3rd to have sexual contact w/V AND:
(a) Knows conduct offensive and non-consensual (3rd misdemeanor); OR
(b) Sexual contact is intentional and V is less than 18 (2nd Felony); OR
(c) PLUS either causes PI to V or displays deadly weapon or dangerous instrument OR intentionally has sexual contact w/V under 13 (1st Felony).

Front 68

Sexual Harassment (M)

Back 68

(1) D threatens to engage in conduct likely to result in commission of sexual offense; or
(2) Solicits or attempts to induce another to have sexual contact/penetration/intercourse knowing he is likely to cause annoyance or alarm to that person.

Front 69

Continuous Sexual Abuse of a Child (F)

Back 69

Intentionally: (1) D has recurring access to child;
(2) Engages in 3 or more acts of sexual conduct;
(3) W/child under 18;
(4) Over period of 3 months or more.

Front 70

Indecent Exposure

Back 70

(1) Exposes genitals, buttocks, or female breast under circs he/she knows likely to cause affront or alarm (M); or
(2) Intentionally has sexual contact w/child under age 16 and D in position of trust, supervision or authority over child (F).

Front 71

First Degree Murder (F)

Back 71

Intentionally:
(1) Causes death of another;
(2) Causes another to commit suicide by force or duress;

Recklessly:
(1) During commission/attempt of felony or immediate flight therefrom causes death of another; or
(2) Causes death of law enforcement, corrections, fireman, EMT in lawful performance of his duties

No MS Specified:
(1) Causes death of another to prevent lawful arrest or in furtherance of escape 2nd or escape after conviction;
(2) Causes death of another by bomb or similar destructive device.

Front 72

Second Degree Murder (F)

Back 72

(1) Recklessly causes death of another under circs manifesting a cruel, wicked and depraved indifference to human life; OR
(2) With criminal negligence causes death when engaged in or attempting or immediate flight from non-felony murder enumerated felony.

Front 73

Manslaughter (F)

Back 73

(1) Recklessly causes death of another; OR
(2) Intentionally:
(a) Attempts to cause SPI, but causes death because employed means R likely to cause death;
(b) Causes death of another but acts under extreme emotional disturbance; or
(c) Commits abortion causing female’s death, unless reckless or therapeutic; or
(d) Causes another to commit suicide.

Front 74

Criminally Negligent Homicide (F)

Back 74

Criminal Negligence: Causes death of another

Front 75

Murder by Abuse or Neglect 1st (F)

Back 75

Recklessly: Causes death of child through abuse or neglect. Conviction not required for act of abuse/neglect to be used in prosecution.

Front 76

Murder by Abuse or Neglect 2nd (F)

Back 76

Criminal Negligence: Causes death of child through abuse or neglect. Conviction not required for act of abuse/neglect to be used in prosecution.