Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
124 Cards in this Set
- Front
- Back
|
Explain the organization of the MO Criminal Code Handbook and demonstrate how to locate information in it. (301 Page 1) |
It made criminal code easier to locate. It is also divided into 4 parts. -Part I Preliminary matters -Part II Sentencing -Part III General principles and defenses -Part IV Definitions of particular offenses |
|
|
Identify the term "crime" and explain the different classifications. (301 Page 1) |
An offense for which a sentence of death or imprisonment is authorized. -A felony is when one is sentenced to death or imprisonment for a term, which is in excess of one year. -A misdemeanor is when one is sentenced to imprisonment for a term, which the maximum is one year or less. |
|
|
Identify the term "infraction." (301 Page 2) |
not a "crime" and so a conviction does not catty with it the consequences of a "criminal conviction." |
|
|
Identify the term "included offense." (301 Page 5)
*may need clarification.* |
Is a crime for which all of the elements necessary to impose liability are also elements found in a more serious crime. |
|
|
Identify the application process of the Criminal Activity Forfeiture Act. (301 Page 11 & 12) |
All property of every kind including cash or other negotiable instruments used or intended for use in the course of, derived from, or realized through criminal activity is subject to civil forfeiture. -The officer must then report the seizure to the PA within 4 days -The PA, provided they feel forfeiture is warranted, will then file a civil forfeiture petition with the courts within 10 days. -An innocent party's partial interest in property forfeited will be preserved. -Civil forfeiture may be made within 5 years of the criminal activity. |
|
|
Identify the Time [Statute of] Limitations for prosecutions to commence. (301 Page 3 &4) |
-For murder and Class A felonies there is no limitation. -For felonies B, C, D the limitation is 3 years. -For certain child based crimes the limitation is 30 years after the victim turns 18. -For a misdemeanor the limitation is 1 year. -For an infraction the limitation is 6 months. |
|
|
What are the ranges of punishments for Felony Offenses Class A, B, C, & D? (Page 6) |
-Class A: Min 10 years up to 30 years or Life. -Class B: Min 5 years up to 15 years. -Class C: Min 1 day up to 1 year in County or up to 7 years in State, and/or $1 to $5,000. -Class D: Min 1 day up to 1 year in County or up to 4 years in State, and/or $1 to $5,000. |
|
|
What are the ranges of punishments for Misdemeanor Offenses Class A, B, & C? (Page 6) |
-Class A: 1 day up to 1 year County and/or $1 to $1,000. -Class B: 1 day up to 6 months County and/or $1 to $500. -Class C: 1 day up to 15 days County and/or $1 to $300. |
|
|
What is the range of punishment for Infractions? (page 6) |
$1 up to $200 fine. |
|
|
Identify the 2 general requirements for criminal liability. (302 Page 15 & 16) |
-Voluntary Act -Culpable Mental State |
|
|
Describe the 4 culpable mental states. (302 Page 16 & 17) |
-Purposely: Nature of conduct of result. Conscious to object to engage in conduct. -Knowingly: Nature of conduct or the attendant circumstances. Aware of the existence of such circumstances. - Recklessly: Consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct. -Criminal Negligence: Should be aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct. |
|
|
Identify the conditions for "Responsibility for the conduct of another." (302 Page 19) |
A defendant will be criminally responsible for the conduct of another when, with the purpose of promoting the commission of an offense, (s)he aids or agrees to aid or attempts to aid such other person in planning, committing, or attempting to commit the offense. |
|
|
Identify "Entrapment." (302 Page 21) |
Occurs if a law enforcement officer or a person acting in cooperation with such an officer, for the purpose of obtaining evidence of the commission of an offense, solicits, encourages, or otherwise induces another person to engage in criminal conduct when (s)he was not ready and willing to engage in such conduct. |
|
|
Identify "Intoxicated or Drugged Condition." (302 Page 21) |
the fact that a defendant was in an intoxicated or drugged condition will not affect his/her criminal liability. Unless it was involuntary, then it is the responsibility of the defense to make that argument. |
|
|
Identify the basic requirements for the legal use of non-deadly force in self-defense or the defense of others. (303 Page 24) |
The defendant (person claiming that the use of force was justified) was: -not the aggressor in the encounter; AND -not attempting to commit, not committing, or not escaping from the commission of a forcible felony; AND -the defendant reasonably believed another person was using or about to use unlawful force against him. |
|
|
Identify the requirements for the legal use of deadly force in either self-defense or the defense of other persons. (303 Page 25 & 26) |
The defendant (person claiming that the use of deadly force was justified) was: -reasonably believe that (s)he or the other person is in imminent danger of death, serious physical injury, rape, sodomy or kidnapping, or serious physical injury through robbery, burglary, arson, or any forcible felony at the hands of the attacker. OR -The attacker unlawfully enters, remains after unlawfully entering, or attempts to unlawfully enter a dwelling, residence, or vehicle lawfully occupied by such person. |
|
|
Identify the requirements for the legal use of deadly and non-deadly force in the defense of premises. (303 Page 26 & 27) |
-Non-deadly force may be used if (s)he reasonably believes such force is necessary to prevent or terminate what (s)he reasonably believes to be the crime of trespass. -Deadly force may be used if (s)he reasonably believes the intruder is threatening the imminent use of unlawful force; OR Attempting to commit, committing, or escaping the commission of a forcible felony. AND The person using the deadly force reasonably believes the entry is attempted or made unlawfully, AND The person reasonably believes that force is necessary. |
|
|
Identify the requirements for the legal use of deadly and non-deadly force in the defense of property. (303 Page 27) |
-Non-deadly force may be used to protect property if (s)he reasonably believes another person is committing or attempting to commit stealing, property damage, or tampering, and reasonably believes that such force is necessary to prevent the crime. -Deadly force IS NOT JUSTIFIED SIMPLY TO PROTECT PROPERTY. |
|
|
Identify the requirements for the legal use of deadly and non-deadly force when a law enforcement officer is making an arrest. (303 Page 28) |
-Non-deadly force may be used in self-defense and if the arrestee resists, the officer is justified in using what they believe is reasonably necessary to make the arrest. -Deadly force may be used: --***Arrestee has committed or attempted to commit a felony***; OR --Arrestee is attempting to escape by use of deadly weapon; OR --Arrestee may otherwise endanger life or inflict serious physical injury unless arrested without delay. |
|
|
State the Supreme Court ruling regarding the use of deadly force against a fleeing felon. (303 Page 28 & 29) |
Tennessee vs. Garner 3/27/85 held that deadly force maybe used against a fleeing felon only where it is necessary to prevent the escape and the officer has PC to believe that the suspect poses a significant threat of death or serious physical injury to the officer and others. The Supreme Court indicated that some warning should be given to the suspect before deadly force is used, where feasible. |
|
|
Explain why MO Revised Statute 563.046 is probably in violation of the 4th Amendment of the US Constitution. (303 Page 28 & 29) |
Shooting someone who committed or is attempting to commit a felony is violating ones 4th Amendment by unreasonable seizure of ones life. |
|
|
State a law enforcement officer's power of arrest jurisdiction, and when an officer may possess a firearm outside of his or her jurisdictional boundary. (303 Page 29) |
Officers have the authority to arrest a person, based on PC leading the the officer to believe that the person has violated the law. -Jailers are authorized to serve arrest warrants on any person under an arrest warrant who surrenders himself to the facility. |
|
|
Identify when a private person is justified in using deadly and non-deadly force in making an arrest. (303 Page 35 & 36) |
-Non-deadly force may be justifiably if a law enforcement officer requests his/her assistance. OR Acting on his/her own to make an arrest or prevent an escape if they suspect that a crime has been committed. -Deadly force may be justifiably if they are directed to do so by a LEO; OR in the presents of the person the suspect has committed or attempted to commit murder or a class a Felony, or trying to escape using a deadly weapon. |
|
|
Identify when deadly and non-deadly force may be used legally to prevent an escape from confinement. (303 Page 36) |
-Non-deadly force may be used by a guard or LEO when (s)he reasonably believes it to be immediately necessary to prevent escape from confinement or while in transit to or from confinement. -Deadly force may be used by a guard or LEO only if they reasonably believe there is a substantial risk the escape will endanger human life or cause serious physical injury unless the escape is prevented. |
|
|
State what the effect would be when a department adopts a more restrictive policy on the use of force (especially deadly force) than state law specifies. (303) |
Even though you are just in the use of force by state statute, you may be held accountable by your department and civilly. |
|
|
Identify the basics of civil liability and how civil remedies can be unaffected by the criminal code. (303 Page 23) |
If a person's conduct is justified under one of the Code provisions (s)he will have a defense to a criminal charge, but this does NOT necessarily mean (s)he will be immune from civil liability. |
|
|
Identify the differences between the words "and" & "or" when used in the statutes. (304 Page 38) |
-When the word "and" appears as an element then all the elements must be present to constitute the offense. -When "or" appears, each element alone would constitute the offense. |
|
|
Identify what an "element" is when examining these statutes. (304) |
What constitutes the crime. |
|
|
Identify the elements of an "attempt" crime and a "conspiracy" crime. (304 Page 38 through 40) |
A person is guilty of an attempt to commit an offense when: -(s)he has a purpose to commit an offense; AND -(s)he does an act which is a substantial step toward the commission of the offense.
A person is guilty of conspiracy to commit an offense when: -(s)he has a purpose to promote or facilitate the commission of the offense; AND -(s)he agrees with one or more persons that they or one of them will engage in conduct which constitutes the offense; AND at least one member of the conspiracy commits on overt act in furtherance of the agreement. |
|
|
Identify the terms "substantial step" and "overt act." (304 Page 39 & 40) |
-Substantial step is conduct, which is strongly corroborative of the defendant's purpose to commit the offense and move him/her closer to the commission of the offense. -Overt act is an act done in furtherance of and designed to carry out the purpose of the conspiracy. |
|
|
Identify the elements of and/or explain the differences between: First Degree Murder Murder in the Second Degree Voluntary Manslaughter Involuntary Manslaughter (304 Page 41 through 47) |
-First Degree Murder -Class A felony knowingly causes the death of another after DELIBERATION upon the matter. -Murder in the Second Degree -Class A felony knowingly causes the death of another human being; OR causes the death of another human being with the purpose of causing serious physical injury; OR causes the death of another person while committing or attempting to commit any felony. -Voluntary Manslaughter -Class B felony causes the death of another human being by being practically certain of taking the victim's life; OR having the conscious object of causing serious physical injury; AND did so under the influence of sudden passion; OR assisting another in suicide. -Involuntary Manslaughter -Class A, B, C, or D felony Recklessly causes the death of any person; OR operates a motor vehicle in an intoxicated condition and causes the death of a human being. |
|
|
Identify the terms "aggravating" and "mitigating" as circumstances, and why they are considered in assessing the penalty for first degree murder. (304 Page 42 through 44) |
-Aggravating circumstances are factors that increases the severity or culpability of a criminal act, including, but not limited to, heinousness of the crime, lack of remorse, and prior conviction of another crime. -Mitigating circumstances is any information or evidence presented to the court regarding the defendant or the circumstances of the crime that might result in reduced charges or a lesser sentence. |
|
|
Define the terms "deadly weapon" and "dangerous instrument." (304 Page 51) |
-Deadly weapon is any firearm or similar mechanism, switchblade knife, dagger, billy club, blackjack, or metal knuckles. Fist may be considered (anything that is designed as a weapon). -Dangerous instrument is any article or substance capable of causing death or serious physical injury (not it's intended use). |
|
|
Identify the definition differences between "physical injury" and "serious physical injury." (304 Page 45) |
-Physical injury is physical pain, illness, or any impairment of a physical condition. -Serious physical injury is physical injury that creates a substantial risk of death or that causes serious disfigurement or protracted loss or impairment of the function of any part of the body. |
|
|
Identify the elements of: First Degree Assault Second Degree Assault Third Degree Assault Harassment Assault While on School Property (304 Page 50, 51, 65, & 66) |
-First Degree Assault -Class A, B felony A person attempts to kill another person; OR causes serious physical injury to another person; OR knowingly causes serious physical injury to another person. -Second Degree Assault -Class C felony Same as first degree but the suspect was acting under passion or intoxicated/Under the influence. -Third Degree Assault -Class A, B misdemeanor Attempts or causes physical injury recklessly; OR with criminal negligence using a deadly weapon. -Harassment -Class A misdemeanor A person knowingly Assault while on school property -Class D felony Second and first degree assault, filed as a d felony. |
|
|
Identify what is meant by the term "consent as a defense" when used in the crimes involving unlawful restraint. (304 Page 57) |
A victim may not consent to serious physical injury. If consent is given because of a threat of force, duress, or deception the consent is not a defense to an assalut charge. |
|
|
Identify the major differences between kidnapping, felonious restraint, and false imprisonment. (304 Page 67 through 71) |
-Kidnapping is when one unlawfully removes another from where hey/she is found; OR unlawfully confines another for a substantial period of time, without the victims consent, with the purpose of holding that person for ransom, reward, a sheild, or hostage. -Felonious restraint is when one knowingly restains another unlawfully; AND without the victim's consent; AND ssubstantially interferes with his/her liberty; AND exposes him/her tona substantial risk of serious physical injury. -False Imprisonment is when one knowingly restrains another without authority of law; AND without his/her consent; AND interferes substantially with his/her liberty. |
|
|
Identify the specific ages and the term "forcible compulsion" that determines what specific sexual offense has been committed. (304 Page 83) |
Forcible compulsion is any physical force that overcomes reasonable resistance; OR a threat, express or implied, that places a person in reasonable fear of death, serious physical injury, or kidnapping of himself of another person. |
|
|
Identify: Forcible rape and forcible sodomy. (304 Page 82) |
-Forcible rape is when one has sexual intercourse with another person by using forcible compulsion; or who is incapacitated, incapable of consent, or lacks the capacity to consent. -Forcible sodomy is the same as forcible rape but they have deviate sexual intercourse. |
|
|
Identify: Statutory rape - both degrees. (304 Page 84) |
-1st Degree: Victim is less than 14 years old. -2nd Degree: Suspect is 21 years or older and victim is less than 17 years old. |
|
|
Identify: Statutory sodomy - both degrees. (304 Page 84 & 85) |
-1st Degree: Victim is less than 14 years old. -2nd Degree: Suspect is 21 years or older and victim is less than 17 years old. |
|
|
Identify: Sexual Assault - Skip (McMein) |
*Sexual Assault |
|
|
Identify: Deviate Sexual Assault - Skip (McMein) |
*Deviate Sexual Assault |
|
|
Identify: Sexual misconduct in the 1st, 2nd, & 3rd degree. (304 Page 89 & 90) |
-1st Degree: exposes genitals that knows their conduct is likely to cause alarm; OR has sexual contact in view of a 3rd party. -2nd Degree: Solicits sexual conduct that they know will cause alarm. -3rd Degree: Skip (McMein) |
|
|
Identify: Sexual Abuse. (304 Page 89) |
Purposely subjects another person to sexual contact without that persons consent. |
|
|
Identify: Child Molestation in the 1st and 2nd degree. (304 Page 87 & 88) |
-1st degree: Subjects a person less than 14 years old to sexual contact. Class B felony unless injury then Class A felony. -2nd degree: Subjects a person less than 17 years old to sexual contact. |
|
|
Define "Sexual Contact." (304 Page 83 |
Any touching of another person with the genitals, or any touching of the genitals or anus of another person or the breast of a female person or any such touching through the clothing for the purpose of arousing or gratifying sexual desire of any person. |
|
|
Identify where and how "controlled substances" are defined. (304 Page 98) |
They are defined in the Comprehensive Drug Control Act and are defined as: Schedule 1: High potential for abuse, no accepted medical use. Schedule 2: High potential for abuse, has current medical use. Schedule 3: Less potential for abuse, has current medical use. Schedule 4: Low potential for abuse, may lead to limited physical or psychological dependence Schedule 5: Similar to 4, but specifically includes preparations containing limited quantities. |
|
|
Identify the terms "actual possession" & "constructive possession." (304 Page 99) |
-Actual possession is if a person has the substance on his/her person or within EASY reach. -Constructive possession is if a person has the power & intention at a given time to exercise dominion or control over the substance. |
|
|
Identify the elements of "possession" of a controlled substance. (304 Page 104) |
Knew the presence of the substance; AND knew of the illegal nature of the substance; AND had actual or constructive possession of the substance; AND the substance was a controlled substance. |
|
|
Identify the elements of "distribution, delivery, manufacture, production, or possession with the intent to distribute, deliver, manufacture, or produce a controlled substance." (304 Page 105) |
Knowingly distributes; OR delivers; OR manufactures; OR produces a controlled substance; OR attempts to distribute; OR deliver; OR manufacture; OR produce a controlled substance; OR Knowingly possesses with the intent to distribute; OR deliver; OR manufacture; OR produce a controlled substance. |
|
|
Identify the elements of "use or possession of drug paraphernalia." (304 Page 112) |
Uses, or possesses with the intent to use paraphernalia; to plant, propagate,... grow,...., conceal, inject,...., or otherwise introduce into the human body a controlled substance or imitation controlled substance. |
|
|
Identify the elements of "possession of imitation controlled substances." (304 Page ?) |
* possession of imitation controlled substances |
|
|
Identify the only situation where possession of a controlled substance is a misdemeanor. (304 Page 119) |
35 grams or less of marijuana or any synthetic cannabinoid. |
|
|
Identify the elements of the unlawful distribution of a controlled substance to a minor and the unlawful purchase or transport of a controlled substance with a minor. (304 Page 108 & 109) |
-Unlawful distribution (minor): distributing or delivering any controlled substance to a person under 17; AND the person receiving it must be at least 2 years younger. -Unlawful purchase (minor): Knowingly permits a minor to purchase a controlled substance; OR transport illegally obtained controlled substances. |
|
|
Identify the elements of the distribution of controlled substances near schools and near public housing/government assisted housing. (304 Page 110 & 112) |
-Schools: within 2,000 ft. -Public/government assisted housing: within 1,000 ft. |
|
|
Identify the elements of: Robbery in the 2nd Degree. (304 Page 129) |
Uses or threatens the immediate use of physical force upon another person for the purpose of taking their property. |
|
|
Identify the elements of: Robbery in the 1st Degree. (304 Page 131) |
Causes serious physical injury to any person with a deadly weapon; OR uses or threatens the immediate use of a dangerous instrument upon another person to forcibly steal property. |
|
|
Identify the elements of: 2nd degree pharmacy robbery. (304 Page 132) |
Uses or threatens the immediate use of physical force upon another person for the purpose of taking a controlled substance from a pharmacy. |
|
|
Identify the elements of: 1st degree pharmacy robbery. (304 Page 133) |
Causes serious physical injury to any person with a deadly weapon; OR uses or threatens the immediate use of a dangerous instrument upon another person to forcibly steal a controlled substance from a pharmacy. |
|
|
Identify the elements of: Arson in the 2nd degree. (304 Page 134) |
Knowingly damages a building or inhabitable structure by starting a fire or causing an explosion. |
|
|
Identify the elements of: Arson in the 1st Degree. (304 Page 135) |
Knowingly damages a building or inhabitable structure by starting a fire or causing an explosion; AND any person is in or near it; AND is recklessly put in danger of death or serious physical injury. |
|
|
Identify the elements of: Knowingly burning or exploding. (304 Page 137) |
Knowingly damages property of another accomplished by starting a fire; OR causing an explosion. |
|
|
Identify the elements of: Reckless burning or exploding. (304 Page 138) |
recklessly damages or destroys a building or inhabitable structure of another accomplished by knowingly starting a fire; OR knowingly causing an explosion. |
|
|
Identify the elements of: Negligent burning or exploding. (304 Page 139) |
With criminal negligence causes damage to property of another accomplished by fire; OR explosion. |
|
|
Identify the elements of: Burglary in the 1st degree. (304 Page 161) |
Knowingly enters unlawfully to commit a crime and is armed; OR someone is present. |
|
|
Identify the elements of: Burglary in the 2nd degree. (304 Page 160) |
Knowingly enters unlawfully to commit a crime and is NOT armed; OR someone is NOT present. |
|
|
Explain how a burglary could occur in a business open to the public. (304 Page 159) |
The business is considered a "building or inhabitable structure" and means that: -Where any person lives or carries on business -Where people assemble for purpose of business, government, education, religion, entertainment, or public transport. -Used for overnight accommodation. |
|
|
State the aggravating circumstances that must be present to change burglary 2nd to burglary 1st. (304) |
People present, suspect armed, and suspect commits harm. |
|
|
Identify the elements of: Tampering in the 1st degree. (304 Page 142) |
When a person knowingly causes substantial interruption or impairment of a service rendered to the public, damages or tampers with property; AND causes substantial interruption; OR knowingly receives, possesses, sells, alters, defaces, or unlawfully operates a motor propelled vehicle without the consent of the owner. |
|
|
Identify the elements of: Tampering in the 2nd degree. (304 Page 143) |
When a person is with someone who knowingly causes substantial interruption or impairment of a service rendered to the public, damages or tampers with property; AND causes substantial interruption; OR knowingly receives, possesses, sells, alters, defaces, or unlawfully operates a motor propelled vehicle without the consent of the owner. |
|
|
State hoe the tampering statues apply to operators and passengers in a stolen vehicle. (304) |
Operators - 1st degree
Passengers - 2nd degree |
|
|
Identify the elements of: Property damage in the 1st degree. (304 Page 154) |
Knowingly damages property of another; AND the damages exceeds $750.00; OR damages property to defraud an insurer; AND the demand exceeds $1,000.00 |
|
|
Identify the elements of: Property damage in the 2nd degree. (304 Page 155) |
Knowingly damages property of another; AND the damages are below $749.99; OR damages property to defraud an insurer; AND the demand is below $999.99. |
|
|
Identify the elements of: Trespass in the 1st degree. (304 Page 156) |
Knowingly enters a building, fenced in area, or marked area unlawfully with no intent to commit a crime. |
|
|
Identify the elements of: Trespass in the 2nd degree. (304 Page 158) |
Enters unlawfully upon real property of another. |
|
|
Identify the elements of stealing. (304 Page 164) |
Appropriates property of service of another with the purpose to deprive him/her thereof accomplished without the others consent; OR by means of deceit; OR by means of coercion. |
|
|
Identify what value determines when stealing becomes a felony. (304 Page 165) |
$500.00 or more Felony, $499.99 misdemeanor. |
|
|
Identify how to determine the dollar value used in stealing offenses. (304 Page 164) |
Normally dollar value will be based on market value, if that cannot be determined the replacement cost will be used. |
|
|
Other than value what other elements will make stealing a felony? (304 Page 165) |
Any motor assisted vehicle, real property, credit cards, letter of credit, firearms, explosives... |
|
|
Identify the elements of: Receiving stolen property. (304 Page 169) |
If (s)he receives; OR retains; OR disposes of property of another for the purpose to deprive the owner of a lawful interest therein: AND (s)he knows, or believes, the property is stolen. |
|
|
Identify the elements of: Passing bad checks. (304 Page 173) |
The purpose to defraud by making, issuing, or passing a check or any other form of payment of money knowing: it will not be paid by theousdrawee; OR that there is no such drawee. |
|
|
Identify the elements of: Fraudulent use of a credit device. (304 Page 176) |
Uses a credit device or debit device for the purposes of obtaining services or property knowing that the device is stolen, fictitious, or forged; OR for any other reason, his/her use of the device is unauthorized. |
|
|
Identify why "claim of right" applies to stealing offenses. (304 Page 168) |
Does NOT commit a crime if they honestly believe they had a right to appropriate the property; OR the owner would have consented. |
|
|
Identify what is meant by "purpose to defraud" and the significance of a ten-day letter. (304 Page 174) |
-Knowing that the check/payment will not be paid. -A letter to a person to make good on a debt within 10 days and to also notify the legal system. |
|
|
Define Concealable firearms. (304 Page 198) |
any firearm with a barrel less than 16 inches in length. |
|
|
Define Concealed firearm. (304) |
Any firearm that is hidden "Out of sight," does NOT have to be concealable. |
|
|
Define dangerous instrument. (304 Page 396) |
Any instrument under the circumstances can be used to cause death or other serious physical injury. |
|
|
Define deadly weapon. (304 Page 397) |
Any instrument designed to cause death or serious physical injury. |
|
|
Define Knife. (304 Page 198) |
Any instrument readily capable of inflicting serious physical injury or death by cutting or stabbing (blade longer than 4"). |
|
|
Identify the elements of: Armed criminal action. (304 Page 200) |
Commits any felony by, with, or through the use, assistance, or aid of a dangerous instrument or deadly weapon. |
|
|
Identify the elements of: Possession, manufacture, transport, repair, or sale of certain weapon prohibited. (304 Page 199) |
Is in possession, manufacture, transport, repair, or sale of an explosive weapon, explosive, incendiary or poison substance, a gas gun, a bullet or projectile which explodes, knuckles, machine gun, short-barreled rifle or shotgun, firearm silencer, or a switchblade knife. |
|
|
Identify the elements of: Unlawful use of weapons. (304 Page 202) |
knowingly carries a knife, firearm, blackjack, or any weapon concealed upon bis/her person; OR discharges a firearm into a dwelling; OR exhibits a weapon to one or more persons; OR within a 100 yards of a school, court, or church. |
|
|
Identify the elements of: Unlawful for certain persons to possess concealable firearms. (304 Pages 213) |
Anyone possesses any firearm; AND has been convicted of a felony in MO; OR has been convicted of a crime under the laws of another state or U.S. which if committed in MO would be a felony; OR is a fugitive from justice; OR is habitually intoxicated; OR is currently adjudged mentally incompetent. |
|
|
Identify the elements of Peace disturbance. (304 Page 221) |
unreasonably and knowingly disturbs or alarms another person or persons by loud noise; OR offensive language; OR threatening to commit a crime; OR fighting; OR created a noxious odor. |
|
|
Identify the elements of: Hindering Prosecution. (304 Page 232) |
harbors or conceals the person; OR warns the person the they are soon to be discovered & apprehended; OR aids in preventing discovery or apprehension; OR obstructs another by using force, deception, or intimidation to prevent the apprehension of a suspect. |
|
|
Identify the element of: False Reports. (304 Page 238) |
Knowingly gives false information to any person for the purpose of implicating another in a crime; OR knowingly makes a false report to a LEO that a crime occurred or is about to occur. |
|
|
Identify the elements of: Resisting or interfering with arrest. (304 Page 245) |
(s)he knows that a LEO is making an arrest; OR attempting to lawfully detain or stop an individual or vehicle; AND is preventing the officer from effecting the arrest. |
|
|
Identify the elements of: refusal to identify as a witness. (304 Page 249) |
(s)he knows (s)he has witnessed a portion, or all of a crime; OR knows (s)he has witnessed an incident resulting in physical injury or substantial property damage; AND upon the demand of a LEO engaged in the performance of his/her duties (s)he refuses to report or falsely reports his/her name & present address. |
|
|
Identify the elements of: Escape or attempted escape from custody. (304 Page 251 |
Being held in custody after arrest for any crime, AND escapes from custody; OR attempts to escape from custody. |
|
|
Identify the elements of: Tampering with a witness. (304 Page 259) |
Inducing a witness or a prospective witness in a judicial proceeding to disobey a subpoena or other legal process; OR absent themself; OR testify falsely; threatens them harm or use of force. |
|
|
Identify the elements of: Bribery of a public servant. (304 Page 265) |
Knowingly offers, confers, or agrees to confer any direct or indirect benefit upon any public sevent in return for a vote, opinion, recommendation, judgement, decision, or exercise of discretion; OR violation of a known legal duty. |
|
|
Identify the elements of: Tampering with a victim. (304 Page 259) |
Purposely prevents or dissuades; OR attempts to prevent or dissuade any person who has been a victim of any crime; OR who is acting on behalf of a victim. |
|
|
Identify the elements of: Perjury. (304 page 234) |
Knowingly testifies falsely about a material fact under oath or affirmation; OR in an official proceeding before a court; OR public body; OR notary public; OR other officers authorized to administer oaths with the purpose to deceive. |
|
|
Identify the major differences between resisting or interfering with arrest, and between escape from custody or attempted escape from custody. (304) |
Resisting arrest is before or during the arrest process. escape or attempted escape is after the arrest. |
|
|
Identify the elements of: Promoting Prostitution. (304 Page 274) |
A person promoting prostitution causes or aids a person to commit or engage in prostitution. (Pimp). |
|
|
Identify the elements of: Prostitution. (304 Page 274) |
A person who commits a sexual act for something of value. (Prostitute) |
|
|
Identify the elements of: Patronizing Prostitution. (304 Page 274) |
A person who gives something of value to a person for a sexual act. (John) |
|
|
Identify the elements of: gambling. (304 Page 307) |
Knowingly engages in gambling; OR knowingly engages in gambling with a minor; OR as a professional player knowingly engages in gambling. |
|
|
Identify the "Three-pronged test" which is used to determine whether material is obscene. (304 Page 317) |
1. The work must predominately appeal to prurient interest in sex. 2. The work must show or describe sexual conduct in a patently offensive way. 3. The work must lack serious literary, artistic, political, or scientific value. |
|
|
Identify the hours that the sale of beer of intoxicating liquors may be sold by retail establishments. (304) |
Between 6:00am to 1:30am. |
|
|
Identify the elements of: Selling to or procuring intoxicating liquor for a minor. (304) |
Regardless if minor shows a fake ID - Misdemeanor A. |
|
|
Identify the elements of: Minor in possession of intoxicating liquor (MIP). (304 Page 338) |
Purchases or attempts to purchase; OR has in his/her possession, any intoxicating liquor; OR who is visibly intoxicated; OR as a detectable blood alcohol content or more than two-hundredths of one percent. |
|
|
Sale of intoxicating liquor in less than the original package. (304) |
It's a misdemeanor. |
|
|
Failure to keep a closed place. (304) |
It's a misdemeanor. |
|
|
identify the elements of the abuse and lose statute for both those under 21 and for those 21 and over. (304 Page 347) |
revoking of the drivers privileges of any person determined to have committed the following offenses under the age of 21. -any alcohol related traffic offense. -any offense related to the possession of a controlled substance. -any offense relating to the alteration of a drivers license.
For a person over 21. -anyone found in possession of a controlled substance while operating a motor vehicle. (1st time 90 days, 2nd 1 year). |
|
|
Identify the elements of: Operating a vessel while intoxicated. (304 page 359) |
Operates a vessel on the water while in an intoxicated condition. |
|
|
Identify the elements of: Operating a vessel with excessive blood alcohol content. (304 Page 360) |
Operates a vessel on the water WITH .08 of 1% Blood alcohol level. |
|
|
Motorboat operator, minimum age. (304 Page 361) |
14 unless supervised by someone 16 or older. |
|
|
Identify the elements of: Possession of anhydrous ammonia. (304 Page 118) |
Possesses any quantity of anhydrous ammonia in a container other than regulated. |
|
|
Identify the requirements for legally operating an All-Terrain vehicle. (304 Page 379) |
Prohibited upon streets and highways except by official governmental use, agricultural use, OR by special permit. |
|
|
Identify the elements that define what constitutes a criminal street gang. (304 Page 382) |
Three or more people. -Assault with a deadly weapon -Robbery, arson -unlawful use of a weapon -tampering with a witness and victim |
|
|
Identify the punishments for participating in a criminal street gang. (304 Page 383) |
Not to exceed 1 year in county jail; OR 3 years in state prison. |
|
|
Identify the elements of prosecution for public nuisance violations. (304 Page 384) |
Noise OR smell |
