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169 Cards in this Set
- Front
- Back
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Crime |
A misdemeanor or felony
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Felony
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An offense punishable by a term of imprisonment in the custody of the DOC is authorized.
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Misdemeanor
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A misdemeanor is an offense for which the authorized sentence is something other than a term in the DOC.
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Jurisdiction:
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AZ has J where:
1) Part of the conduct constituting the offense or a result of the offense occurs within AZ. 2) Conduct outside the state constitutes an attempt or conspiracy to commit an offense within the state and an act in furtherance of the conspiracy or attempt occurs within the state. Conduct is committed within the state that constitutes an attempt, solicitation, conspiracy or facilitation to commit an offense in another jurisdiction which is also an offense under AZ law. 5) Offense is a violation of AZ law that prohibits conduct outside the state. |
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Jurisdiction Special Homicide Rule
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In a homicide case, AZ has J if either the death of the victim or the bodily impact causing the death takes place within the state. If the body of a V is found in the state, there is a presumption that J exists in AZ.
Even where fatal blow and V's death occurred outside AZ, but sufficient evidence exists that premeditation for the homicide occurred w/in AZ, AZ has J. |
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Sentencing Classifications
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Felonies: 5 classes: basic, definite terms of imprisonment set out for each class, subject to aggravation or mitigation if certain facts are established. 1st Degree Murder punishable by death or life imprisonment.
Misdemeanors: 3 classifications. Max term of incarceration set for each and judge fixes a term within those maximums. Petty Offenses: Punishable by fines. |
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General Principles of Liability:
Elements of Criminal Offense |
1) Necessary act
2) Culpable mental state 3) Circumstance that must have existed at the time of the act 4) Results that must have been proximately caused by the acts of D. All or most crimes require act plus culpable mental state. Some crimes require proof of result or special circumstances. |
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General Principles of Liability:
Requirement of an Act |
1) Voluntary conduct--conscious exercise of the will. No criminal act can be performed while unconscious.
2) Omission as Act: -->Requirement of legal duty -->Performance must be possible--physical possibility to perform duty to act. |
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General Principles of Liability:
Culpable Mental State: Intent |
-Intentionally: D must have had conscious desire to engage in conduct or cause the result.
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General Principles of Liability:
Culpable Mental State: Knowingly |
-Knowingly: D must have believed or been aware that the conduct was of that nature, or that the circumstances existed.
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General Liability
Culpable Mental State: Recklessness |
-Recklessly: D must have been aware of and disregarded a substantial and unjustifiable risk that the circumstance existed or that the result would occur. Risk must be of such a nature and degree that disregard constitutes a gross deviation from the standard of conduct that would be followed by a reasonable person in the situation.
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General Liability:
Culpable Mental State: Criminal Negligence |
Criminal Negligence: In regard to a circumstance or result, D failed to perceive a substantial and unjustifiable risk that the circumstance existed OR that the result would occur. Risk must be for the same sort required for recklessness. Does not require that D have been aware of the risk. This requirement creates Recklessness.
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General Liability:
Culpable Mental State: None required |
Strict Liability:
D may be convicted of a strict liability crime even if it can be shown that he DID have a culpable mental state. |
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General Liability:
Culpable Mental State: Transferred Intent |
D will be treated as if she had intended the actual result if:
1) Intended result differed from the actual result only in that a different person or different property were harmed. 2) Intended result differed from the actual result only in that the injury or harm intended would have been more serious than that actually caused. 3) Actual result involved similar injury or harm as that intended, the actual result occurred in an unanticipated manner, and the manner in which the actual result occurred was one which the person knew or should have known was rendered substantially more probable by D's conduct. |
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General Liability:
Culpable Mental State: Transferred Intent: Recklessness or Negligence |
The same analysis applies when the crime requires recklessness or negligence instead of intent. In these situations, however, the difference is between the result that the D was aware might occur (in the case of recklessness) or that he should have been aware might occur (in the case of negligence) and the harm that actually resulted.
EX: Aware of a substantial risk that X might be killed, D sets off an explosion. X is not killed, but V, who was in the vicinity unknown to D is killed. D is guilty of manslaughter, or possibly 2nd degree murder--acting with extreme indifference. He was reckless with regard to X's death, and actually caused V's. The result that he was aware might occur (X's death) and the actual result (V's death) differed only in that a different person was killed. D's intent with regard to X will be transferred to V, and D will be treated as though he acted with awareness of a risk that V would be killed. |
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Results and Causation Problems:
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The major offense requiring a result is homicide (duh, somebody's gotta die...) which requires that D cause the death of V.
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Those Liable for Criminal Offenses:
Liability for Conduct of Another |
Under certain circumstances, one is guilty of an offense, even though it was another who acted to commit the offense.
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Those Liable for Criminal Offenses:
When Liable for Acts of Others |
1) D caused person to commit the offense
2) Statute defining the offense specifically provides for such liability 3) D is an accomplice of the person committing the crime 4) D solicited, aided, agreed to aid or attempted to aid the other person. |
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Those Liable for Criminal Offenses:
When Liable for Acts of Others: Accomplice Liability |
Being an accomplice to one who commits an offense requires two things:
1) Performing some act in furtherance of the offense, including --Soliciting or commanding the other person to do it. --Assisting or attempting to assist the other person in its commission --Agreeing to aid the other person in the commission of the offense; or --Providing the means or opportunity for the other person to commit the offense. 2) Having the intent to promote or facilitate the commission of an offense by another. |
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Those Liable for Criminal Offenses:
When Liable for Acts of Others: Invalidity of Certain Defenses |
1) Other person has not been prosecuted or convicted, has been acquitted, has immunity from prosecution or has been convicted of a different degree of crime. (tough ...Mind your own business.) |
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Liability for Crimes of Co-Conspirators
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AZ: a Member of a conspiracy is not liable for the separate acts of criminal co-conspirators, as long as the member is not an accomplice or principal to those crimes (wheel theory, not chain theory!)
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Liability of Enterprises
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Under certain circumstances, enterprises (corporations, associations, labor unions or other legal entities) can be convicted of crime.
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Liability of Enterprises: Felony
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Enterprise can be convicted of a felony if the crime:
1) Consists of a failure to discharge a legal duty, or 2) is committed on behalf of the enterprise and it is committed, solicited, demanded, authorized, commanded or recklessly tolerated by the board of directors or an officer or agent with authority to formulate policy. |
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Liability of Enterprises: Misdemeanor
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An enterprise can be convicted of a misdemeanor if it is committed by an agent of the enterprise in the scope of his employment and on behalf of the enterprise.
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Liability of Enterprises: Specific Statutory Provisions
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If the statute defining the offense provides specifically for liability for an enterprise, the enterprise is liable if it is committed by an agent in the scope of their employment and on behalf of the enterprise.
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Liability of Enterprises
Liability of Agent |
The fact that an enterprise is liable for the crimes does not mean that the agent who committed them is not liable. the individual is also subject to conviction. this provision imposes personal liability only for affirmative acts, not for failure to act (e.g. failure to file statutorily required documents)
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Preparatory Offenses:
Attempt |
Person commits attempt if she:
1) Has mental state required for crime attempted; and 2) Intentionally engages in conduct that would constitute the crime if circumstances were as she believed them to be, or commits an act that is a step in a course of conduct intended to result in commission of the crime. Statute does not requires that D act intentionally as to all elements of the underlying offense. SUBSTANTIAL STEP not necessary, or for D to come close to successful completion of the offense. |
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Preparatory Offenses:
Attempt: Defenses |
NO DEFENSE: Impossibility (it doesn't matter that it was a sack of carrots in the bed and not Bob... If you bludgeon the bed believing it's Bob, you've committed attempted murder.)
Defense of Renunciation: -Under limited circumstances, a D who has committed attempt may use a defense of renunciation. Defense Requires: 1) Making a reasonable attempt to prevent commission of the offense (e.g. by notifying law enforcement) 2) Under circumstances showing that the renunciation is voluntary (not motivated even in part by circumstances that make the crime more difficult or increase the likelihood of apprehension); and 3) Under circumstances showing the renunciation is complete (i.e. not merely a decision to postpone carrying out the offense or to pick another victim or place |
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Solicitation of Offense: Requires
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1) D commanded, encouraged, requested or solicited another person to do something constituting an offense; and
2) D had the intent to promote or facilitate the commission of an offense. DOES NOT REQUIRE AGREEMENT OR ACTION BY PERSON SOLICITED. Crime is complete, when D with requisite intent makes the command or request. |
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Solicitation of Offense: Exceptions
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1) Solicitation is not an offense if it is committed by a police officer acting in his official capacity within the scope of his authority.
2) Renunciation: Under limited circumstances, one who commits solicitation has a renunciation defense. Defense requires proof of all of the following: a) D notified person solicited of the renunciation b) D gave timely notice to law enforcement or otherwise made a reasonable effort to prevent the crime solicited c) This was done under circumstances that indicate that the renunciation was both complete and voluntary: Complete: not postponing, looking for a better V, etc. Voluntary: not because risk of getting caught increased, or increased likelihood of apprehension or detention. |
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Preparatory Offenses:
Conspiracy: Elements |
1) D agreed with one or more persons that at least one of them (or another person) would commit an offense.
2) One of the parties committed an overt act in furtherance of the agreed upon offense (except that no overt act is required if the conspiracy was to commit a felony upon the person of another), first degree burglary (burglary while armed) or arson of an occupied structure. D had intent to promote or aid the commission of the offense. |
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Preparatory Offenses:
Conspiracy: Number of Conspiracies |
Only one conspiracy is committed if a person conspires to commit multiple offenses as part of the same agreement.
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Preparatory Offenses:
Conspiracy: Conspiring with Unknown Persons |
If a D conspires with another person, and she knows or has reason to know that the other person has conspired with a third person, she also conspires with that third person, even though she does not know the third person's identity.
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Preparatory Offenses:
Conspiracy: Invalidity of Certain Defenses |
Under AZ's unilateral approach to conspiracy, a D's guilt of conspiracy is determined by her own culpability and actions and does not turn on the guilt of other parties to a conspiracy. Therefore, it is not a defense to conspiracy that:
1) Other person is immune from conviction or not criminally responsible (e.g police officer) 2) Did not have the intent required for the commission of the offense. 3) Was legally incapable in an individual capacity of committing the offense. |
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Preparatory Offenses:
Conspiracy: Defense of Renunciation |
A person who has entered into a complete criminal conspiracy nevertheless has a defense of renunciation if the following are proved:
1) Reasonable effort to prevent the object offense was made (such as giving warning to law enforcement in time for them to prevent the offense) 2) Renunciation was complete (not postponement, etc.) 3) Renunciation was voluntary (e.g. not because likelihood of apprehension or detention increased.) |
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Preparatory Offenses:
Facilitation: Definition |
Consists of aiding another person in the commission of a crime, whether or not the crime was actually completed. If the person aided did commit the crime, then the one who aided him would be liable for the crime as an accomplice. As with conspiracy, guilt is determined by the D's own actions.
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Preparatory Offenses:
Facilitation: Elements |
1) D knowingly provided another person with means or opportunity to commit an offense.
2) Other person was in fact aided. 3 D had knowledge that person intended to commit the offense. |
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Preparatory Offenses:
Facilitation: Exception |
Police officer: facilitation is not criminal if engaged in by a police officer acting within the scope of his authority and in the line of duty.
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Preparatory Offenses:
Facilitation: Defense of Renunciation |
A person who has facilitation nevertheless has a defense of renunciation if the following are proved:
1) Reasonable effort to prevent the object offense was made (such as giving warning to law enforcement in time for them to prevent the offense) 2) Renunciation was complete (not postponement, etc.) 3) Renunciation was voluntary (e.g. not because likelihood of apprehension or detention increased.) |
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Crimes Against the Person:
Homicide: 4 Types |
Four different homicide offenses:
--First degree murder --Second degree murder --Manslaughter --Negligent homicide. |
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Crimes Against the Person:
Homicide: First Degree Murder: Premeditated Killing |
1) Premeditated killing: D acted after premeditation and intent or knowledge that his act would cause death.
Premeditation requires that the intent precede the killing by enough time to permit reflection. A killing done under the effect of sudden quarrel or heat of passion is not done with premeditation. |
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Crimes Against the Person:
Homicide: First Degree Murder: Felony Murder |
A killing is first-degree murder if death is caused--even accidentally--during the commission, attempted commission or immediate flight following one of these crimes:
1) Sexual assault 2) Sexual conduct with a minor 3) Child molestataion 4) Sale or importation of narcotic drugs, MJ or dangerous drugs, or inducing a minor to violate drug laws. 5) Kidnapping 6) Bruglary 7) Robbery 8) Escape 9) Arson of a structure 10) Child abuse 11) Unlawful flight from pursuing law enforcement vehicle. |
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Crimes Against the Person:
Homicide: First Degree Murder: Homicide of Police Officer |
First degree murder to cause the death of one whom the defendant knew to be a law enforcement officer and who was acting in the line of duty.
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Crimes Against the Person:
Homicide: Second Degree Murder |
Causing the death of another person without premeditation with any one of the following:
1) Intent to cause death 2) Knowledge that death or serious injury will be caused. 3) Circumstances manifesting extreme indifference to human life and conduct that creates a grave risk of death. |
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Crimes Against the Person:
Homicide: Manslaughter |
1) Reckless killing: manslaughter to recklessly cause the death of another.
2) Killing in sudden quarrel or heat of passion--a killing that would otherwise be second degree murder is reduced to manslaughter if it was stimulated by heat of passion or sudden quarrel resulting from adequate provocation. 3) Aiding Suicide. 4) Coerced Killing: A killing that would otherwise be second degree murder is reduced to manslaughter if the killer was being coerced to kill by the use or threatened imminent use of unlawful physical force (upon the killer or a third person) which a reasonable person would not be able to resist. 5) Unborn Child: manslaughter to knowingly or recklessly cause the death of an unborn child at any stage of its development by any physical injury to the mother of the child that would be murder if the death of the mother had occurred. |
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Crimes Against the Person:
Homicide: Negligent Homicide |
Causing the death of another with criminal negligence
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Crimes Against the Person:
Homicide: Causation Issues |
Must be a causal relationship between D's act and V's death.
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Crimes Against the Person:
Homicide: Causation Issues- Factual Causation |
It must be shown that but-for D's acts, V would not have died when and how he did.
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Crimes Against the Person:
Homicide: Causation Issues- No Requirement of death within Year-and-a-Day |
No longer necessary that V die within a year and a day from infliction of injury or fatal blow.
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Crimes Against the Person:
Homicide: Causation Issues- Proximate Cause: Transferred Intent |
IF D intended to kill one person and accidentally killed another, intent to kill will be transferred from intended victim to actual victim. D will be in the same legal position as if she had intended to kill the person she in fact accidentally killed. Doctrine of transferred intent also applies to attempted first degree murder.
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Crimes Against the Person:
Homicide: Causation Issues- Proximate Cause: Antecedent Condition of Victim |
If some preexisting condition contributed to the death of the victim, this will not prevent D's behavior from being proximate cause of death.
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Crimes Against the Person:
Homicide: Causation Issues- Proximate Cause: Unanticipated Manner of Death |
In some cases D intends to cause death or creates a risk of death occurring in a specific way. Accidentally, however, death does occur, but in a different way. In these cases, the fact that the death actually took place in an unanticipated way will not prevent proximate causation from existing as long as the unanticipated manner of death occurring was foreseeable.
EX: A shoots at B who is standing by the side of a busy highway, B jumps and the shot misses him. However, B is struck by a bus and killed. Was A's action in shooting at B the cause of B's death. Yes. But for A's action, B's death would not have occurred. Although A did not intend B to be killed by a bus, he should have foreseen that B would be frightened, and likely to jump into traffic and sustain serious injuries. Therefore, proximate as well as factual causation exist. |
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Crimes Against the Person:
Homicide: Definition of Death |
For purposes of considering causation in criminal homicide, death is defined either as the ceasing of blood circulation and breathing, or cessation of brain activity.
EX: A shoots X. X's medical condition is such that all brain activity has ceased although circulation and respiration are continued by machines. Doctors turn off machines. A still caused X's death because X was "dead" before the docs shut off life support. |
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Crimes Against the Person:
Assault and Related Offenses Assault Defined: |
Assault can be committed in one of three ways:
1) Intentionally, knowingly or recklessly causing any physical injury to another person 2) Intentionally placing another person in reasonable apprehension of imminent physical injury; or 3) Knowingly touching another with the intent to injure, insult or provoke that person. |
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Crimes Against the Person:
Assault and Related Offenses Aggravated Assault Defined: |
Assault is aggravated and has a more severe penalty in the following situations:
1) Serious physical injury is caused 2) A deadly weapon or dangerous instrument is used. 3) Assault is committed after the person enters the private home of another with the intent to commit assault. 4) The assault is committed on a child age 15 or younger by a person 18 years of age or older. 5) Victim is a teacher, or school employee on school premises or making a home visit. 6) V is a police officer (or one summoned by the officer to assist him) and the D knows this. 7) Assault is by a prison inmate on a prison employee (note that a separate crime has been created for assaulting a prison employee with bodily fluids) 8) Assault was committed while V was bound,restrained, or impaired in her capacity to resist. 9) V is a firefighter, fire investigator, fire inspector, EMT/Paramedic, or one who is summoned by such a person and D knows this. 10) Person committing assault knows or has reason to know that the V is a licensed health care practitioner or a person summoned or directed by such a practitioner engaged in his professional duties (NOT APPLICABLE if the assailant is SMI or suffers Alzheimers or a related dementia) or 11) Assault is committed by any means of force that causes temporary but substantial disfigurment, loss or impairment of any body organ or part, or a fracture of any body part. |
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Crimes Against the Person:
Assault and Related Offenses Endangerment |
The offense of endangerment consists of recklessly endangering another person with a substantial risk of imminent death or physical injury.
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Crimes Against the Person:
Assault and Related Offenses Threatening and Intimidating |
Threatening to do any of the following:
1) Cause physical injury to another person or serious damage to the property of another. 2) Cause serious public inconvenience such as evacuation of a building. 3) Cause physical injury to another person or damage the property of another to further the interests of or cause, induce or solicit another person to participate in a gang, criminal syndicate, or racketeering enterprise. |
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Crimes Against the Person:
Assault and Related Offenses Threatening and Intimidating: Criminal Street Gang Defined |
A "gang" is defined as an ongoing formal or informal association of persons
1) whose members or associates individually or collectively engage in the commission, attempted commission or facilitation of any felony act; and 2) which has at least one member who is a criminal street gang member (WTF?) |
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Crimes Against the Person: |
A gang member is defined as an individual to whom two of the following criteria (which indicate street gang membership) apply: |
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Crimes Against the Person:
Assault and Related Offenses Harassment |
Defined as conduct directed at a specific person that would cause a reasonable person to be seriously alarmed, annoyed, harassed, nad hte conduct in fact does so. A person commits harassment if with the intent to harass, or with knowledge that the person is harassing another person, the person:
1) anonymously or otherwise communicates or causes a communication with another person via many listed means ... in a way that harasses. 2) Continues to follow another person in or about a public place for no legitimate purpose after being told to desist. 3) Repeatedly commit an act that harasses another person 4) Surveils or causes someone to surveil another person for no legitimate purpose. 5) On more than one occasion makes a false report about another perso0n to law enforcement, credit or social service agency; or 6) Interferes with the delivery of any public, regulated utility to another person. |
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Crimes Against the Person:
Assault and Related Offenses Aggravated Harassment |
A person commits aggravated harassment if the person commits harassment and either of the following occur:
1) ct has issued an OP or IAH against the person and the order has been served and is still valid. 2) Person has previously been convicted of an offense of DV. |
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Crimes Against the Person:
Assault and Related Offenses Stalking |
A person commits stalking if the person intentionally or knowingly engages in a course of conduct that is directed toward another person, and that conduct either:
1) Would cause a reasonable person to fear for her safety or the safety of a member of her immediate family or household and the person in fact so fears. 2) Would cause a reasonable person to fear death or physical injury to herself or to a member of her immediate family or household and that person so fears. Course of conduct means maintaining visual or physical proximity to a specific person or directing express or implied threats to a specific person on two or more occasions. |
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Crimes Against the Person:
Kidnapping and Related Offenses Kidnapping: Defined |
Kidnapping consists of knowingly restraining (defined as restricting a person's liberty by force, intimidation, deception, movement or confinement) another person with the intent to do any of the following:
1) Hold the person for ransom, as a shield or as a hostage 2) Hold the victim for involuntary servitude 3) Inflict death, physical injury or a sexual offense on the victim or to aid in the commission of a felony 4) Place the victim or another in reasonable apprehension of imminent physical injury 5) Interfere with the performance of a governmental or political function 6) Seize or exercise control over an airplane, bus, train, ship (seriously? In AZ? WTF?) or other vehicle. If the victim is released without injury, the penalty for kidnapping is reduced. |
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Crimes Against the Person:
Kidnapping and Related Offenses Unlawful Imprisonment: |
Defined: Knowingly restraining another person without legal authority
Defense for Relatives of Victim: A d has a defense to unlawful imprisonment if it is shown that 1) D is a relative of V; 2) D's sole intent was to assume lawful custody of V; 3) restraint was accomplished without physical force. |
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Crimes Against the Person:
Sexual Assault and Related Offenses |
AZ Criminal Code has abolished "rape" and substituted other more "gender-neutral" sex offenses (ahem, except statutory rape. WTF?)
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Crimes Against the Person:
Sexual Assault and Related Offenses Sexual Assault: Elements |
Consists of
1) Intentionally or knowingly 2) Engaging in sexual intercourse or oral sexual contact with any person 3) Without the consent of the person. |
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Crimes Against the Person:
Sexual Assault and Related Offenses Terminology: Sexual Intercourse |
Penetration into the penis, vulva or anus by any part of the body or by any object, or masturbatory conduct with the penis or vulva.
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Crimes Against the Person:
Sexual Assault and Related Offenses Terminology: Oral Sexual Contact |
Oral contact with the penis, vulva or anus.
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Crimes Against the Person:
Sexual Assault and Related Offenses Terminology: Spouse |
Spouse means any person who is legally married AND cohabitating.
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Crimes Against the Person:
Sexual Assault and Related Offenses Terminology: Consent |
Defined so that it does NOT exist in the following circumstances:
1) V is coerced by the immediate use or threatened use of force 2) V is incapable of consent (by reason of mental defect, drugs, alcohol, sleep, or other similar impairment) 3) V is intentionally deceived into believing that the act involved is not sexual intercourse or sexual contact. 4) V is intentionally deceived into believing that D is victim's spouse. |
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Crimes Against the Person:
Sexual Assault and Related Offenses Spousal Defense |
It is a defense to a prosecution for sexual assault that V was D's spouse at the time of the act. However, sexual assault of a spouse is a separate criminal act.
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Crimes Against the Person:
Sexual Assault and Related Offenses Violent Sexual Assault |
A person committing sexual assault with the use or threatened use of a deadly weapon or dangerous instrument or with the intentional infliction of serious physical injury is guilty of the offense of violent sexual assault if he has a prior felony conviction for a sexual offense. The punishment for violent sexual assault is natural life in prison (seriously, WTF?)
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Crimes Against the Person:
Sexual Assault and Related Offenses Sexual Misconduct |
A behavioral health professional (i.e. a certified mental health professional, psychiatrist) commits sexual misconduct by intentionally knowingly engaging in sexual intercourse with a patient currently under the care of supervision fo the behavioral health professional. Sexual misconduct is a Class 6 felony.
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Crimes Against the Person:
Sexual Assault and Related Offenses Sexual Crimes Involving Minors: Sexual Conduct with a Minor |
Sexual conduct with a minor consists of intentionally or knowingly engaging in sexual intercourse or oral sexual contact with a minor (under 18). The crime is aggravated if the V is under 15, or if D is victim's parent or guardian.
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Crimes Against the Person:
Sexual Assault and Related Offenses Sexual Crimes Involving Minors: Sexual Abuse |
Consists of intentionally or knowingly engaging in sexual contact (defined as any direct or indirect fondling or manipulating of any part of the genitals, anus or female breast) with any person 15 or more years of age without consent of that person, or with any person under the age of 15 if the contact involves only the female breast. If the sexual contact involves genitals or anus of a person under age 15, the offense is child molestation.
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Crimes Against the Person:
Sexual Assault and Related Offenses Sexual Crimes Involving Minors: Defenses: Ignorance of Age |
It is a defense to sexual abuse of a person who was 15, 16 or 17 that the D did not know and could not reasonably have known V's actual age.
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Crimes Against the Person:
Sexual Assault and Related Offenses Sexual Crimes Involving Minors: Defenses: Spousal Defense |
It is a defense to these crimes that the person was the spouse of the other person at the time of the act. However, sexual assault of a spouse is a separate criminal act.
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Crimes Against the Person:
Sexual Assault and Related Offenses Sexual Crimes Involving Minors: Defenses: No Sexual Interest |
It is a defense to sexual abuse of a person under 15 years of age that the D was not motivated by a sexual interest.
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Crimes Against the Person:
Sexual Assault and Related Offenses Sexual Crimes Involving Minors: Defenses: Consensual |
It is a defense to sexual conduct with a minor if the V is 15-17 years of age, D less than 19 or attending H.S. and is no more than 2 years older than the V and the conduct is consensual.
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Crimes Against the Person:
Sexual Assault and Related Offenses Sexual Crimes Involving Minors: Defenses: Lawful Medical Practice or Medical Emergency |
It is a defense to sexual abuse or sexual misconduct if the act was done in furtherance of lawful medical practice or to promote the physical or mental health of a person if done by a duly licensed physician, RN or third person rendering emergency medical care who reasonably believed that no one competent to consent could be contacted and that a reasonable person would consent.
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Crimes Against the Person:
Sexual Assault and Related Offenses Adultery |
A person commits adultery by having sexual intercourse with someone not their spouse if either party to the intercourse is married to someone else. Both parties to the intercourse are guilty of adultery, even if only one is married to someone else. A prosecution for adultery can be commenced only on the complaint of the H or W of one of the parties.
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Crimes Against the Person:
Sexual Assault and Related Offenses Bigamy |
In AZ a person is guilty of bigamy if 1) he knowingly marries someone while having another living spouse or 2) Knowingly marries the spouse of another, who herself would be guilty of bigamy. (Class 5 felony)
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Crimes Against the Person:
Sexual Assault and Related Offenses Bigamy: Exceptions |
Person is not guilty of bigamy IF: 1) spouse was absent for 5 successive years and he did not know whether she was alive during that time, or 2) His prior marriage was declared void, annulled or dissolved by the judgment of anhy competent court.
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Crimes Against the Person:
Sexual Assault and Related Offenses Child Molestation |
Knowingly or intentionally engaging in or causing a person to engage in sexual conduct (except sexual conduct with the female breast) with a child under 15.
Defense of No Sexual Interest: Applicable. |
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Crimes Against the Person:
Sexual Assault and Related Offenses Sexual Assault of a Spouse: |
Sexual contact with one's spouse by force or threat of force.
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Crimes Against the Person:
Sexual Assault and Related Offenses Community Notification |
Communities must be notified when sex offenders are to be released. The agency having jurisdiction over the offender is required to notify DPS which contacts the appropriate CA or Sheriff. County Sheriff then forwards information to chief law enforcement official of the local gov't unit in which the offender intends to reside. Sex offenders are required to register with the sheriff of any county in which the offender enters and remains.
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Burglary and Trespass:
Burglary |
Consists of entering or unlawfully remaining in certain structures with the intent of committing any theft or felony in the structure. Three degrees.
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Burglary and Trespass:
Burglary: Third Degree |
3rd Degree burglary is committed if the place entered is a non-residential structure or a fenced commercial or residential yard.
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Burglary and Trespass:
Burglary: Second Degree |
2nd Degree burglary: committed if the place entered is a residential structure.
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Burglary and Trespass:
Burglary: First Degree |
Committed if D has engaged in acts constituting either 2nd or 3rd degree burglary, and knowingly possessed explosives, a deadly weapon or dangerous instrument (defined as ANYTHING readily capable of causing death or serious physical injury) in the course of committing such theft or felony. The possession of the deadly weapon must be in such a manner as to indicate the D's present ability or willingness to use it as a weapon.
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Burglary and Trespass:
Burglary: Definition of Terms: Entry |
Intrusion of any part of the D's body inside the external boundaries of the property.
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Burglary and Trespass:
Burglary: Definition of Terms: Structure |
Any building, object, vehicle, railroad car, or place with sides and a floor, separately securable from any othe structure attached to it, and used for lodging, business, transportation, recreation or storage.
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Burglary and Trespass:
Burglary: Definition of Terms: Residential Structure |
Any structure, movable or immovable permanent or temporary, adapted for both human residence and lodging. It is not necessary that the structure be occupied.
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Burglary and Trespass:
Burglary: Definition of Terms: Enter or Remain Unlawfully |
Refers to entry or presence on property with an unlawful intent, except when entry is to commit theft during normal business hours upon property open to the public.
Not necessary that the burglary be accomplished by breaking or even that it be without permission; nor is it necessary that the premises belong to or be used by another person. |
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Burglary and Trespass:
Criminal Trespass |
Unlawful entry onto a premises without the intent that would render the entry burglary. Can also be committed by entering some areas that would not give rise to burglary if entered. 3 degrees.
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Burglary and Trespass:
Criminal Trespass: Third Degree |
Consists of Either:
1) Knowingly entering or remaining unlawfully upon any real property after the owner or someone with lawful control over the property has made a reasonable request for the person to leave, or if there was reasonable notice prohibiting entry, OR 2) Knowingly entering or remaining unlawfully on the right of way for tracks or the storage or switching yards or rolling stock of a railroad. |
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Burglary and Trespass:
Criminal Trespass: Second Degree |
Knowingly entering or remaining unlawfully in any non-residential structure or fenced commercial yard.
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Burglary and Trespass:
Criminal Trespass: First Degree |
Knowingly:
1) Entering or remaining unlawfully in a residential structure or a fenced residential yard. 2) Entering any residential yard and, without lawful authority, looking into residential structure thereon with reckless disregard of infringing on the inhabitant's right of privacy 3) Entering unlawfully on real property subject to a valid mineral claim or lease with the intent to work, take or explore for minerals on such claim or lease; or 4) Entering or remaining unlawfully on the property of another and burning, defacing, mutilating, or otherwise desecrating a religious symbol or other religious property of another without the express permission of the owner of the property. |
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Burglary and Trespass:
Possession of Burglary Tools |
Possessing any explosive,tool, instrument, or other article adapted or commonly used for committing any degree of burglary, with the intent of using it or permitting it to be used in the commission of burglary.
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Arson and Related Offenses:
Arson of an Occupied Structure |
Knowingly damaging an occupied structure by knowingly causing a fire or explosion.
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Arson and Related Offenses:
Arson of an Occupied Structure: Definitions: Structure |
Any building, object, vehicle, watercraft, airplane, or place with sides and a floor and used for lodging, business, transportation, recreation or storage.
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Arson and Related Offenses:
Arson of an Occupied Structure: Definitions: Occupied Structure |
A structure in which one ore more human beings is or is likely to be present or so near as to be in equivalent danger at the time the fire or explosion occurs. A dwelling house, whether occupied or not is an occupied structure.
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Arson and Related Offenses:
Arson of an Occupied Structure: Definitions: Damage |
Any physical or visible impairment of any surface.
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Arson and Related Offenses:
Arson of an Unoccupied Structure or Property |
Offense consists of knowingly damaging an occupied structure or property by knowingly causing a fire or explosion. Property, as used here, an din the definition of reckless burning, means anything other than a structure that has value including documents evidencing ownership of other property.
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Arson and Related Offenses:
Reckless Burning |
Recklessly causing a fire or explosion that results in damage to an occupied structure, a structure, wildland (i.e. any brush-covered land, cutover forest, forest, grassland, or woods) or property
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Theft and Related Offenses
Theft: |
Basic property acquisition crime, and is the consolidation of what were previously a number of different property crimes. As a result, there are a number of ways that theft may be committed. Theft is not limited to obtaining personal property, wrongfully obtaining real property, or services can also amount to theft.
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Theft and Related Offenses
Theft: Basic Method |
Knowingly and without lawful authority controlling property of another with the intent to deprive her of that property.
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Theft and Related Offenses
Theft: Definitions: Property of Another |
Means any property in which a person other than the defendant has an interest that is superior to that of the defendant. It is irrelevant, therefore that the other person might not be able to enforce his right by legal action. Thus, it is theft to steal contraband, or to take stolen property from a thief, unless the person taking it is the RIGHTFUL owner.
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Theft and Related Offenses
Theft: Definitions: Control |
Control means to act in such a way as to exclude others from using the property except on the D's own terms.
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Theft and Related Offenses
Theft: Definitions: Intent to Deprive |
Means any of the following:
1) Intent to withhold property from the other permanently 2) Intent to withhold the property from the other for so long a period that a substantial portion of the economic value or usefulness or enjoyment is lost; 3) Intent to withhold the property and restore it only on payment of a reward or other compensation; or 4) Intent to transfer or dispose of the property so that it is unlikely to be recovered by the V. |
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Theft and Related Offenses
Theft by Deception |
Committed if one knowingly and without lawful authority obtains property or services of another by means of any material misrepresentation with intent to deprive him of such property or services.
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Theft and Related Offenses
Theft by Deception: Misrepresentation Required |
Material misrepresentation for purposes of theft, means any representation, promise or statement of present, past or future fact that is fraudulent and that is instrumental in causing the V to part with the property or services.
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Theft and Related Offenses
Theft by Deception: Definition of Services |
Labor, professional services, transportation, telephone, gas or electrical service, accomodations in hotels, restaurants or elsewhere, admission to exhibitions, and use of vehicles and other movable property.
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Theft and Related Offenses
Theft by Conversion |
Embezzlement: D converts to an unauthorized term or use either services or property of anotherthat have been entrusted to him or placed in his possession for a limited authorized term or use.
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Theft and Related Offenses
Theft by Other Methods: Theft of Lost Property |
Theft of Lost Property: One who comes into control of lost, mislaid or misdelivered property of another under circumstances providing means of inquiry as to the true owner commits theft if she appropriate the property to her own or another's use without making reasonable efforts to notify the true owner.
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Theft and Related Offenses
Theft by Other Methods: Receiving Stolen Property |
One commits theft if he controls property of another knowing or having reason to know that the property was stolen.
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Theft and Related Offenses
Theft by Other Methods: Obtaining Services Without Paying |
Theft is committed if one obtains services known to her to be available only for compensation and does this without paying or entering into an agreement to pay the compensation. this form of theft is also committed by diverting another's services to one's benefit or the benefit of another without authority.
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Theft and Related Offenses
Theft by Other Methods: Shoplifting |
Committed by removing goods, charging the price of goods to a fictitious person, or to a person who did not give permission to be so charged, or paying less than the purchase price for or transferring or concealing goods without authorization.
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Theft and Related Offenses
Theft by Other Methods: Unlawful Use of Power of Attorney |
An agent who holds a principal's power of atty and uses or manages the principal's assets or property with the intent to unlawfully deprive the principal of the asset or property is guilty of theft.
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Presumption from Possession of Stolen Property
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Proof of Possession of property that was recently stolen, unless the possession is satisfactorily explained, gives rise to an inference that the person in possession of it was aware of the risk that it was stolen or in some way participated in the theft of the property.
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Theft and Related Offenses
Classification |
Theft of property or services valued at less than $250 is a misdemeanor. >$250 a felony OR regardless of value, the property is taken from the person of another or is a firearm.
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Theft and Related Offenses
Theft by Extortion |
Knowingly obtaining or seeking to obtain property or services by means of a threat to do any of the following:
1) Cause physical injury to another 2) Cause damage to property 3) Engage in conduct constituting a crime 4) Cause anyone to part with any property 5) Accuse anyone of a crime or bring criminal charges against him 6) Expose a secret or "asserted fact" whether true or not, that tends to subject another to hatred, contempt or ridicule or impair his credit or business (but note: This basis was held Q'ally overbroad in State v. Weinstein); or 2) Take or withhold action as a public servant or cause a public servant to take or withhold action. |
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Theft and Related Offenses
Theft by Extortion: Affirmative Defenses |
Property obtained was lawfully claimed as either 1) restitution or indemnification for harm done to the D that prompted the accusation, exposure, etc. OR 2) Compensation for property that was lawfully obtained or for lawful services.
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Theft and Related Offenses
Unlawful Failure to Return Rented Property |
Failing, without permission to return rented property within 72 hours of the time provided for in the rental agreement. Failure to return it must be "without good cause" Defenses:
1) D was physically incapacitated and unable to obtain lessor's permission to retain the property 2) Property was, through no fault of D's own, in such a condition that it could not be returned within the time provided. |
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Offenses Involving Means of Transportation
Unlawful Use of Means of Transportation |
Felony: consists of knowingly taking unauthorized control over another's means of transportation, or knowingly being transported or physically located in a vehicle that the person knows or has reason to know is in the unlawful possession of another person. Unlike theft, this crime does not require the intent to permanently deprive.
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Offenses Involving Means of Transportation
Theft of Means of Transportation |
Felony: consists of knowingly and without lawful authority (1) controlling another person's means of transportation with the intent to permanently deprive 2) Converting for an unauthorized term or use another person's means of transportation that was entrusted to the D for a limited, authorized term or use, 3) obtaining another person's means of transportation by any material misrepresentation with the intent to permanently deprive 4) coming into control of another person's means of transportation tha tis lost or misdelivered under circumstances providing information as to the true owner, and appropriating the property without reasonable efforts to notify the owner; or controlling another person's means of transportation knowing or having reason to know that the property is stolen.
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Criminal Damage to Property
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Recklessly doing any of the following without the owner's permission:
1) Defacing or damaging property of another 2) Tampering with property of another so as to substantially impair its function; 3) Tampering with the property of a public utility 4) Parking any vehicle in such a manner as to deprive livestock of access to the only available water; or 5) Drawing messages on property of another without permission. |
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Criminal Damage to Property
Aggravated: |
Aggravated criminal damage consists of intentionally or recklessly, without the express permission of the owner defacing or damaging any building or property used for religious, educational or burial purposes.
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Criminal Damage to Property
Computer Fraud |
Felony: Consists of a variety of offenses:
1) Knowingly altering, damaging, deleting, or destroying computer programs or data, or introducing a virus into any computer, computer system or network; 2) Recklessly disrupting or causing the denial of services from, a computer system or network 3) Recklessly using a computer or network in a course of conduct directed at another person that seriously alarms or torments the person and that would cause a reasonable person to suffer substantial emotional distress and serves no legitimate purpose. 4) Knowingly obtaining legally confidential information or records by accessing any computer or network operated by the government or a medical institution. |
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Robbery:
Defined |
1) Threatening or using force against another person
2) In the course of taking any property of another 3) From the victim's person or immediate presence; and 4) With intent to coerce surrender of the property or to prevent resistance to the taking or retaining of the property |
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Robbery:
Threat Required |
The threat used must be a verbal or physical menace of imminent physical injury to a person.
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Robbery:
When threats or force must be used: |
The taking of property is robbery if the force or threats are used at any time beginning with the initiation of the action and extending through flight from the crime. The robbery statute only requires that force be used against another person, not necessarily the person dispossessed of property.
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Robbery:
Subclassification: Aggravated Robbery |
Robbery with aid of one or more accomplices actually present.
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Robbery:
Subclassification: Armed Robbery |
Robbery while using or threatening to use a deadly weapon or dangerous instrument or simulated deadly weapon.
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Forgery and Related Crimes
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Any of the following with intent to defraud:
1) Falsely making, completing or altering a written instrument (defined as any paper or instrument with writing or a token, seal, badge or other evidence of value, right, privilege or identification) 2) Knowingly possessing forged instruments 3) Offering or presenting a forged instrument or one that contains false information, whether the instrument is accepted or not. An intent to defraud may be inferred from circumstantial evidence, and it is not necessary that there be an intent to defraud a particular person. Also, it is irrelevant in determining intent whether an actual injury occurred. An intent to defraud is usually found where D intends to cause a pecuniary loss or gain. |
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Forgery and Related Crimes
Criminal Simulation: |
Making, altering, presenting or offering any object so that it appears ot have an antiquity, rarity, source, authorship or value that it does not have. Intent to defraud is required.
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Forgery and Related Crimes
Obtaining Signature by Deception |
This offense consists of obtaining with intent to defraud, the signature of another person to a written instrument by knowingly misrepresenting or omitting any fact material to the instrument or transaction.
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Forgery and Related Crimes
Criminal Impersonation |
1) Assuming a false identity with intent to defraud
2) Pretending to be a representative of some person or organization with the intent to defraud or to gain access to property, excluding peace officers acting in the cause of their duties. |
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Disorderly Conduct and Related Offenses:
Disorderly Conduct |
Fighting, violent or seriously disruptive behavior, making unreasonable noise or using abusive or offensive language or gestures in a manner likely to provoke immediate physical retaliation and similar conduct with the intent to disturb the peace or knowledge that one IS disturbing the peace.
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Disorderly Conduct and Related Offenses:
Unlawful Assembly |
1) Assembling with two or more persons with the intent of engaging in conduct constituting a riot; or
2) Remaining present in refusal of an official order to disperse at an assembly of two or more persons engaged in, or having the readily apparent intent to engage in a riot. |
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Disorderly Conduct and Related Offenses:
Riot |
Riot consists of two or more persons acting together doing the following:
- Using force or violence or threatening t use force or violence if there is immediate power of execution of the threat. - In such a manner as disturbs the public peace. |
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Certain Offenses Related to Past Crimes of Others: Generally
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Several crimes involve conduct helping another who has committed a crime. To some extent, these crimes are a substitute for the offense of being an accessory after the fact, which is no longer a crime under AZ law.
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Certain Offenses Related to Past Crimes of Others: Compounding
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Knowingly accepting or agreeing to accept any pecuniary benefit as consideration for either:
1) Refraining from seeking prosecution for an offense; or 2) Refraining from reporting to law enforcement authorities the commission or suspected commission of any offense or information related to the offense. |
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Certain Offenses Related to Past Crimes of Others:
Hindering Prosecution |
Rendering assistance to another, knowingly and with the intent of hindering the apprehension, prosecution, conviction or punishment of that person, by any of the following:
1) Harboring or concealing the person 2) Warning the person of impending discovery, apprehension, prosecution or conviction (but this does not apply to a warning given that the other person may come into compliance with the law) 3) Providing the person with money, transportation, a weapon, disguise, or other means of avoiding discovery, apprehension, prosecution or conviction 4) Preventing or obstructing (by force, deception or intimidation) any person from doing anything that might aid in the discovery, apprehension, prosecution or conviction of the person; 5) Suppressing by act of concealment, alteration, or destruction any physical evidence that might aid in the discovery, apprehension, prosecution or conviction of the person or 6) Concealing the identity of the other person |
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Defenses:
Generally |
Generally complete defenses to a criminal charge. There is one exception: Defenses to the use of force (self-defense, defense of others, etc. and duress) one who acts in a manner justified by the defense, but recklessly injures or kills another person will be liable for reckless injury or reckless killing (i.e. manslaughter).
EG: X attacks D, and D, in self-defense shoots at X. He does so in a fashion that creates a substantial and unjustifiable risk that others will be killed by his actions and D is aware of this risk. In fact, one of D's shots hits and kills V. Although D has a valid self-defense claim in regard to the force used against X, because he recklessly caused V's death, he is guilty of manslaughter. |
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Defenses;
Ignorance or Mistake Concerning a Matter of Fact |
Can affect criminal liability in only two ways:
1) Establishing absence of culpable mental state 2) Establishing other defense: Mistake of fact may establish one of the defenses of justification. |
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Defenses;
Ignorance or Mistake Concerning a Matter of Law |
Generally no defense, except in cases of conspiracy or attempt: You can't attempt or criminally conspire to do what's not against the law.
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Defenses;
Entrapment: |
Person committing entrapment has the burden of proving the following by clear and convincing evidence: 1) Idea of committing the offense started with LEOs or their agents, 2) Persons urged and induced the accused to commit the offense 3) Accused was not predisposed to commit the type of offense charged before LEOs urged and induced the person. If D raises an entrapment defense the jury is instructed that he has admitted the elements of the offense and the only issue is whether the person has proven the affirmative defense of entrapment.
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Defenses:
Insanity |
AZ provides that a person may be found GBI if at the time of the commission of the criminal act, she was afflicted with a mental disease or defect of such severity that she did not know the act was wrong. This is an affirmative defense that the D must prove by clear and convincing evidence.
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Defenses:
Insanity: Conditions NOT Included |
Acute voluntary intoxication, withdrawal from alcohol or drugs, character defects, psychosexual disorders or impulse control disorders. Conditions that do not constitute legal insanity include temporary conditions arising from the pressure of the circumstances, moral decadence, depravity or passion growing out of anger, jealousy, revenge, hatred or other motives in a person who does not suffer from a mental disease or defect or an abnormality that is manifested only in criminal conduct. Evidence of a D's mental disorder not constituting legal insanity is not admissible as either an affirmative defense or to negate the mens rea element of the crime.
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Defenses:
Insanity: Commitment of the D |
On finding of GBI, ct must determine the presumptive sentence the D could have received, and commit the defendant for that term.
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Defenses:
Intoxication: Voluntary |
Caused by consumption of any substance that the person knows or should know has a tendency to cause intoxication, and without direct duress. Temporary insanity resulting from voluntary use of alcohol or other drugs does not constitute insanity and is not a defense for any criminal act or requisite state of mind.
Can't be used to show D's unawareness of the risk. |
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Defenses:
Involuntary Intoxication |
Caused by consumption of substances the D neither knew nor had reason to know had a tendency to cause intoxication or by consumption of known intoxicants under duress. While the Code does not address the effect of involuntary intoxication, it is likely that this would be held to raise the defense of lack of voluntary conduct.
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Defense:
Public Duty |
Conduct that would otherwise be a crime is not if it was authorized or required by law, or defendant reasonably believed it would be authorized by a court order.
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Defense:
Self-Defense: Non-Deadly Force |
Using or threatening to use non-deadly force against another is not criminal if and to the extent that the D reasonably believed that this force was immediately necessary to protect himself against the other person's use or attempted use of force. Threat or use force are not permitted:
1) In response to verbal provocation alone; 2) To resist an arrest, unless officer uses excessive force 3) IF D provoked the use of force by the V, unless D withdraws from teh altercation or communicates his desire to withdraw and the subject nevertheless continues to use force. |
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Defense:
Self-Defense: Deadly Force |
Deadly physical force means force used with the purpose of causing death or serious physical injury or which in the manner of its use or intended use is capable of creating a substantial risk of causing death or serious physical injury.
Special Requirement: May be used in self-defense only if it would be propert under the rules applicable to nondeadly force, and in addition, the D reasonably believes that it is immediately necessary to protect himself against the V's use or attempted use of unlawful deadly physical force. No Duty to Retreat. |
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Defense:
Self Defense: DV |
If there have been past acts of DV against D by V, the state of mind of a reasonable person under the self-defense statutes shall be determined from the perspective of a reasonable person who has been a victim of those acts of domestic violence.
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Defense
Resistance to Unlawful Arrest |
Physical force can't be used to resist even an unlawful arrest that the D knew or should have known was being made by a police officer or a person acting in a police officer's presence and at his direction. However, a person is entitled to use force to resist the use of excessive force, even by a police officer, in making an arrest.
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Defense
Defense of Others |
Physical force or deadly physical force may be used or threatened to protect a third person, if:
1) It reasonably appears that the third person would be entitled to use this force in his own self-defense; and 2) A reasonable person would believe that the D's intervention is necessary to protect the third person. One who aids a third person is not deprived of a defense of third-persons defense if the third person turns out not to have been legally entitled to use force to defend himself. It must however, have reasonably appeared that the third person was entitled to use force in his own defense. |
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Defense
Defense of Property: Non-Deadly Force |
May be used to defend property only in very limited circumstances:
1) Property must be tangible property 2) Property must be under D's possession or control 3) D must reasonably believe that an interference constituting theft or criminal damage is being committed or attempted by another person; and 4) D must reasonably believe that force is necessary to prevent the interference with the property. Deadly force: Nope. However, if circumstances justify use of deadly force in self-defense, defense of others or prevention of a crime, deadly force may be used. |
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Defense
Defense of Premises or Dwelling: Use of Non-Deadly Force and Threatening Deadly Force |
1) D or his agent is in lawful control of the premises
2) D reasonably believes that another person is committing or attempting to commit criminal trespass in or upon the premises. 3) D reasonably believes the force or threats are immediately necessary to prevent or terminate the criminal trespass. DEADLY FORCE NOT PERMITTED--only if right to use force in self-defense or defense of others exists. |
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Defense
Use of Force in Law Enforcement (Arrest): Non-Deadly Force |
Non-Deadly Force: justified in making arrest or detention or in preventing escape after arrest or detention) if:
1) Reasonable person would believe that the arrest or detention is valid 2) A reasonable person would believe that the force is immediately necessary to make the arrest or detention or to prevent the escape; and 3) The person using the force makes known the purpose of the arrest or detention, believes that the purpose is actually known, or believes that the purpose cannot reasonably be made known. |
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Defense:
Use of Force in Law Enforcement Arrest: Deadly Force |
Deadly force may be used in arrest or escape situations only if the above requirements are met, and in addition, a reasonable person would believe that the subject of the force is one of the following:
1) A felon escaped from lawful confinement 2) A felon fleeing from justice or resisting arrest with physical force 3) Resisting the discharge of a legal duty with deadly force or with the apparent capacity to use deadly force. In addition, a police officer may use even deadly force if this appears necessary to protect herself against another's use or potential use of force or deadly force. |
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Defense:
Use of Force to Prevent Commission of a Crime: |
Force, including deadly force, can be used if immediately necessary to prevent the commission of one of the following crimes:
1) arson of an occupied structure 2) First or second degree burglary (burglary of a residential structure, or while armed) 3) Kidnapping 4) First or second degree murder or manslaughter 5) Sexual assault 6) Child molestation 7) Sexual conduct with a minor 8) Armed robbery; or 9) Aggravated assault with a deadly weapon or dangerous instrument or that caused serious injury to another. This defense applies only when a home, its contents or its residents are being protected. An occupied hotel or motel room is the equivalent of a home for purposes of this defense. There is no requirement that a resident wait until an intruder physically enters the home before taking defensive action under the statute. This law applies equally to the use of force to repel domestic violence. there is no duty to retreat before using deadly force under this doctrine. |
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Defense:
Duress |
It is a defense that the D was compelled to commit the crime by the threat or use of immediate physical force against her person or the person of another that resulted in or could have resulted in serious bodily injury. The circumstances must have been such that a reasonable person could not have resisted the force or threats.
--> Not available if D recklessly placed himself in a situation in which it was probable that he would be subjected to duress. --> Not available for homicide or serious bodily injury. |
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Defense:
Necessity |
Conduct that would otherwise constitute an offense is justified if a reasonable person was compelled to engage in the conduct and the person had no reasonable alternative to avoid imminent public or private injury greater than the injury which might reasonably result from the person's own conduct, This defense is not assertable if the person intentionally, knowingly, or recklessly placed himself in the situation in whcih it was probable he would have to engage in the proscribed conduct.
EXCEPTION: Person cannot assert this defense if the offense involves homicide, or serious physical injury. |
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Statutes of Limitations
Indictment, information or complaint must be filed within the following periods: |
Felonies: 7 years
Misdemeanors: 1 year Petty offenses: 6 months. Certain crimes carry no SOL: Homicide, misuse of public funds, or a felony involving falsification of public records. |
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Tolling of SOL:
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Period of limitations does not run during any time the D was absent from the state or had no reasonably ascertainable place of abode within the state. Nor, does it run for a serious offense during any time when the identity of the person who commits the offense is unknown.
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Dismissal for Irregularity
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If a timely complaint, information, or indictment is dismissed for irregularity, a new prosecution may be begun within 6 months after the dismissal becomes final, even if the SOL has run.
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