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76 Cards in this Set

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  • Back
Assault 1st Degree (F)
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.
Assault 2nd Degree(F)
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.
Assault 3rd Degree (M)
Intentionally or Recklessly: (1) Causes PI to another

W/Criminal Negligence: (1) Causes PI by means of deadly weapon/inst.
Offensive Touching (M)
Intentionally: (1) Touches another w/body or inst, KNOWING likely to cause offense or alarm.
Intentionally: (1) By movement of body/instrument places another in fear of imminent PI. (DW=aggrvtd)
Disorderly Conduct(M)
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.
Resisting Arrest(M)
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.
Abuse of Pregnant Female (F)
(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.
Kidnapping 1st (F)
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.
Kidnapping 2nd(F)
Note: Same as kidnapping 1st, but D vol releases V alive, unharmed (no sexual contact/rape), and in safe place prior to trial.
Unlawful Imprisonment 1st (F)
(1) Unlawfully restrains another;
(2) Under circs exposing person to risk of SPI
Note: Where one just unlawfully restrained = 2nd Degree (M)
Arson 1st (F)
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.
Arson 2nd (F)
Intentionally: (1) Damages building by fire or explosion.
AFF DEF: Lawful, consensual among owners, non-dangerous destruction of building.
Arson 3rd (F)
Recklessly: (1) Damages building by intentionally causing fire/explosion.
AFF DEF: Only D had an interest in the building.
Reckless Burning (M – unless total loss over $1500, then F)
Recklessly: (1) Intentionally causes fire/explosion;
(2) On property;
(3) Placing property or person in danger of damage or injury.
Criminal Mischief (F if damages over $5k)
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.
Burglary 1st (F)
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.
Burglary 2nd (F)
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.
Burglary 3rd (F)
Knowingly: (1) Enters/remains unlawfully in a building w/intent to commit crime therein.
Criminal Trespass(M)
Knowingly: (a) 1st Degree: In dwelling/animal shelter
(b) 2nd Degree: On enclosed property
(c) 3rd Degree: On property
Robbery 2nd (F)
(1) In course of committing theft;
(2) Uses/threatens force;
(3) W/intent to prevent/overcome resistance; or compel owner to give up property.
Robbery 1st (F)
(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
Theft (M)
(1) D exercises control over;
(2) Property of another under $1500;
(3) w/intent to deprive or appropriate
Theft (F)
Note: Same as Theft(M), except
(1) Property over $1500; OR
(2) V is 60yrs or older
Forgery 1st & 2nd (F)
- 3rd (M)
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
Extortion (F)
(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.
Bribery (F)
(1) D offers, confers, or agrees to confer a personal benefit to public servant to influence his opinion, action, appointment or violate a duty.
Perjury 1st(F)
Person makes material false sworn testimony statement. If public instrument = 2nd
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.
CC Dangerous Instrument (M)
Carries concealed dangerous instrument upon or about his person.
Possesses a deadly weapon during the commission of a felony (no merger).
Engaging in Firearms Transaction on Behalf of Another (F)
Person purchases or obtains firearm on behalf of one not qualified to purchase, own or possess a firearm (straw purchase).
Poss W/Intent to Deliver
Possesses large quantity (less than Trafficking) of controlled substance.
Possession (M)
Possesses small quantity of controlled substance.

Note: This is a lesser included offense of PWID
Trafficking (F)
(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.
Possession w/in 1000ft of School Property or 300ft of Park, Rec Area, or Place of Worship (F)
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.
Use of Vehicle or Home to Keep Controlled Substances (F)
Using dwelling, store, shop, warehouse, car, aircraft, etc. for keeping or delivering controlled substance.
Poss of Hypodermic Needle and Syringe
(1) Felony: Distribution
(2) Misdemeanor: Possess w/out physician certification that poss necessary for treatment.
DUI (M, unless 3rd offense or more, then F)
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).
Vehicular Assault 2nd (M)
(1) While driving/operating MV causes SPI to another; or
(2) While driving/operating MV + DUI causes PI.
Vehicular Assault 1st (F)
Negligence: (1) While driving/operating MV;
(2) DUI;
(3) SPI to another.
Vehicular Homicide 1st (F)
Criminal Negligence: (1) While driving/operating MV;
(2) DUI;
(3) Causes death of another.
Vehicular Homicide 2nd (F)
(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.
Exploitation of Infirm Adult (M or F)
(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.
Stalking (F)
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.
Harassment (M)
Intentionally: (1) Intent to harass, annoy, or alarm another;
(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).
Conspiracy 1st (F)
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.
Conspiracy 2nd (F)
Intentionally: (1) Intent to promote/facilitate commission of felony;
(2) Agreement with one or more persons;
(3) Overt act in furtherance of the conspiracy.
Conspiracy 3rd (M)
(1) Intent to promote/facilitate commission of crime misdemeanor;
(2) Agreement with one or more persons;
(3) Overt act in furtherance of the conspiracy.
Attempt (degree is same as most serious offense D accused of committing)
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.
Criminal Solicitation
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.
Reckless Endangering 2nd (M)
(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.
Reckless Endangering 1st (F)
(1) Creates substantial risk of death of another.
Carjacking 2nd (F)
Knowingly: Unlawfully takes possession/control from another by coercion, duress, or otherwise without permission
Carjacking 1st (F)
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.
Endangering the Welfare of a Child (M)
(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
Sexual Exploitation of a Child (F)
(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.
Sexual Solicitation of a Child (F)
(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.
Terroristic Threatening (M)
(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.
Terroristic Threatening (F)
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.
Rape 1st (F)
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.
Rape 2nd (F)
(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).
Rape 3rd (F)
(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.
Rape 4th (F)
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.
Sexual Abuse of Child by Person in Position of Trust, Authority, or Supervision 1st (F)
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.
Sexual Abuse of Child by Person in Position of Trust, Authority, or Supervision 2nd (F)
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.
Unlawful Sexual Contact
(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).
Sexual Harassment (M)
(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.
Continuous Sexual Abuse of a Child (F)
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.
Indecent Exposure
(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).
First Degree Murder (F)
(1) Causes death of another;
(2) Causes another to commit suicide by force or duress;

(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.
Second Degree Murder (F)
(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.
Manslaughter (F)
(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.
Criminally Negligent Homicide (F)
Criminal Negligence: Causes death of another
Murder by Abuse or Neglect 1st (F)
Recklessly: Causes death of child through abuse or neglect. Conviction not required for act of abuse/neglect to be used in prosecution.
Murder by Abuse or Neglect 2nd (F)
Criminal Negligence: Causes death of child through abuse or neglect. Conviction not required for act of abuse/neglect to be used in prosecution.