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253 Cards in this Set
- Front
- Back
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What is 13-101 about in laymen's terms?
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-General purposes for Arizona
-Outline actions of that are unjustifiable & inexcusable to the public (What is acceptable & what is not) -To give fair warning -Whether you do something or don't and what you were thinking at the time -To determine misdemeanor or felony and punishment for each -Deterrent influences (history, media, etc.) -Give punishment once it is deserved -Stay accountable in sentencing (if someone is sentenced to 25 years make sure they actually go to prison) |
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What is an "act"?
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Any bodily movement
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What is a "benefit"?
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Anything of value or advantage, present or in the future
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What is a "Calendar Year"?
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365 days actual time served
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What is "Conduct"?
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An act OR omission and its accompanying mental state
(What you do and or what you were thinking) |
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What is "Crime"?
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A misdemeanor or felony.
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What is "Criminal Street Gang"?
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A group of persons that either individually or as a group engage in the commission, attempted commission, facilitation or solicitation of any felony AND has at least one person who is a criminal street gang member.
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What is "Criminal Street Gang Member"?
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An individual who has at least 2 of the following 7:
1. Self-Proclamation 2. Witness testimony or Official statement 3. Written or electronic correspondence 4. Paraphernalia or photographs 5. Tattoos 6. Clothing or colors 7. Any other indicia of street gang membership |
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What is "Culpable Mental State"?
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Intentionally, knowingly, recklessly or with criminal negligence
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What is "Intentionally"?
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A persons OBJECTIVE or GOAL is to cause that result
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What is "Knowingly"?
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A person is AWARE or BELIEVES that the person's conduct is of that nature
-DOES NOT require any knowledge of unlawfulness |
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What is "Recklessly"?
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A person is aware of and consciously disregards a SUBSTANTIAL and UNJUSTIFIABLE RISK that will occur.
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What is "Criminal Negligence"?
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A person fails to PERCEIVE a substantial and unjustifiable risk that will occur or that circumstance exists.
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What is "Dangerous Instrument"?
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Anything that under the circumstances in which it is used, attempted to be used, or threatened to be used, is readily capable of causing death or serious physical injury.
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What is "Deadly Physical Force"?
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Force that is used with the purpose of causing death or serious physical injury
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What is "Deadly Weapon"?
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Anything designed for lethal use, firearm
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What is "Felony"?
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A sentence to a term of imprisonment in the custody of the state department of corrections
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What is "Firearm"?
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Any loaded or unloaded gun or gun like object.
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What is "Intoxication"?
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Any mental or physical incapacity resulting from use of drugs, toxic vapors, or intoxicating liquors.
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What is "Misdemeanor"?
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An offense for which sentencing is a term of imprisonment other than to the DOC
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What is "Omission"?
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Failure to perform an act
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What is "Petty Offense"?
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An offense which is a fine ONLY
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What is "Physical Force"?
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Forced used upon or directed towards another person, includes confinement
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What is "Physical Injury"?
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The impairment of physical condition
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What is "Property"?
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Anything of value, tangible or intangible
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What is "Serious Physical Injury"?
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Includes physical injury that creates a reasonable risk of death or that causes serious and permanent disfigurement loss of any bodily organ or limb.
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13-107. Define the Time Limitations and what are the exemptions?
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-EXEMPT-
-Homicide -Misuse of Public Money -Class 2 Felony Sex Offense -Falsification of public records -LIMITATIONS- -Class 2-6 Felony--7 years -Misdemeanor--1 year -Petty offense--6 months NOTE- The time does not run when person is out of state or has no place of abode within state |
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13-104. What is the Rule of Constriction?
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-Gives us as officers discretion
-Letter of the Law vs. Spirit of the Law -Must hold to FAIR MEANING |
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13-201. What are the requirements for criminal liability?
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The person must be physically capable of performing the act
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13-202. What is the construction of statutes with respect to culpability?
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If a statute does not expressly prescribe a culpable mental state then no mental state is required thus making it one of STRICT LIABILITY
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13-204. What is the effect of ignorance?
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Laymen Terms- Ignorance of the law is no excuse
Literal Saying- Ignorance or a mistaken belief of the law does not relieve that person of criminal liability UNLESS-- it negates the culpable mental state required for the commission of the offense |
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13-301. What is the definition of an accomplice?
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Laymen Terms- Someone other than a police officer who solicits or commands another person to commit the offense or aids in the offense or attempted offense or provides the means or opportunity to another person to commit the offense
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13-303. What is criminal liability based upon conduct of another?
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Laymen Terms- A person causes another person to engage in criminal conduct, also if the person is an accomplice
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13-501. What is charging of persons under 18?
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Laymen Terms- The county attorney SHALL bring criminal prosecution against someone 15, 16, or 17 as an adult if they are accused of any violent felony offense.
-County attorney MAY bring criminal prosecution against a 14 year old |
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13-502. Insanity Test--
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A person may be found guilty except insane if they have a mental issue and they did not know the criminal act was wrong.
-The DEFENDANT shall prove their legal insanity by clear and convincing methods |
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13-601. What are the Classification of Offenses?
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Class 1 Felony
Class 2 Felony Class 3 Felony Class 4 Felony Class 5 Felony Class 6 Felony -MISDEMEANOR- Class 1 Misdemeanor Class 2 Misdemeanor Class 3 Misdemeanor PETTY OFFENSES ARE NOT CLASSIFIED |
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13-709. What are the rules on Offenses committed in school zones?
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A person who commits a felony in a school zone will be charged the same as if it was committed outside the school zone.
BUT-- may be sentenced one year longer or up to 5 years longer if criminal street gang member. |
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13-904. What are the suspension of civil rights of a convicted felon?
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Suspended Civil Rights-
-The right to vote -The right to hold public office -The right to serve as juror -Any civil rights that are necessary to the protection of the institution holding the person -The right to possess a firearm --A person cannot be disqualified from employment simply because of being a felon except if the felony charge relates to the job or certificate they are trying for |
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13-1001. What is attempt?
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INTENTIONALLY engages in conduct which would be an offense if the circumstances were what the person thought
-INTENTIONALLY does or does not do something that culminates in commission of an offense -Engages in conduct intended to AID ANOTHER to commit an offense, even if the offense is not committed or attempted --1 LESS CHARGE-- |
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13-1002. What is solicitation?
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A person commands, encourages, asks or solicits another person to engage in conduct which would constitute a felony or misdemeanor
--2 LESS CHARGE-- |
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13-1003. What is conspiracy?
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A person agrees with one or more people and at least one of them engages in conduct constituting the offense and one of the parties commits an overt act in furtherance of the offense.
--An overt act is not required IF the felony is upon a person |
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13-1004. What is facilitation?
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A person commits facilitation if acting with knowledge that another person is committing or intends to commit an offense, KNOWINGLY provides the other person with means or opportunity for the commission of the offense
--4 LESS CHARGE-- |
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13-1005. What is renunciation of attempt?
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Giving officers a timely warning or otherwise making reasonable efforts to prevent the conduct
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What is "premeditation"?
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The defendant acts with INTENT or KNOWLEDGE that he will kill another human being, when such precedes the killing by any length of time to permit reflection.
-- An act is NOT premeditation if it is the INSTANT effect of a sudden quarrel or heat of passion |
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What is "homicide"?
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Means first degree, second degree, manslaughter or negligent homicide
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What is "adequate provocation"?
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Means conduct or circumstances sufficient to deprive a reasonable person of self control
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13-1102. What is negligent homicide?
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With criminal negligence a person causes the death of another person (including unborn child)
-This applies to unborn child in the womb during any stage of development UNLESS-- --Abortion --Person was performing medical treatment on the pregnant woman or unborn child --The person was the unborn child's mother |
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13-1103. What is manslaughter?
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RECKLESSLY causing the death of another person
-committing second degree murder upon a sudden quarrel or heat of passion resulting from adequate provocation by the victim* -intentionally aiding another in committing suicide -committing second degree while being coerced to do so or threatened by immediate use of unlawful deadly physical force upon such person or a third person, which a reasonable person in his situation would be unable to resist -KNOWINGLY or RECKLESSLY causing the death of an unborn child by any physical injury to the mother |
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13-1104. What is second degree murder?
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WITHOUT PREMEDITATION-
-person intentionally causes the death of another person or unborn child (or as a result of intentionally killing a person kills an unborn child to) -KNOWING that a persons conduct will cause will cause death or serious physical injury the person causes the death of another -under circumstances manifesting extreme indifference to human life, the person recklessly engages in conduct that creates a grave risk of death and thereby causes the death of another person |
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13-1105. What is first degree murder?
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INTENDING or KNOWING that a persons conduct will cause death, the person causes the death of another person (including unborn child) WITH PREMEDITATION
-The person in furtherance of the offense or flight from the offense, the person or another person cause the death of someone |
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What is the Felony Murder Rule?
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IF in the commission of a felony someone dies, the bad guy gets charged with the murder.
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13-1201. What is endangerment?
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RECKLESSLY endangering another person with a substantial risk of imminent death or physical injury.
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13-1202. What is threatening or intimidating?
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Threatening or intimidating by WORD or CONDUCT-
-To cause physical injury to another person or serious damage to property of another -To cause serious publie inconvenience, evacuation of building -To cause physical injury or damage to property of another in order to promote another person in joining a criminal street gang |
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13-1203. What is assault?
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INTENTIONALLY, KNOWINGLY or RECKLESSLY causing any physical injury to another person
-INTENTIONALLY placing another person in reasonable apprehension of imminent physical injury -KNOWINGLY touching another person with the intent to injure, insult, or provoke person |
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13-1204. What is aggravated assault?
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MUST have assault first
-causes serious physical injury to another -person uses a deadly weapon or dangerous instrument -assault that causes temporary but substantial disfigurement, impairment of any body organ, or fracture of any body part -commits assault while the person is bound or otherwise physically restrained or capacity to resist is substantially impaired -if person commits assault after entering the private home of another with the intent to commit the assault -if the person is 18 or older and assaults a minor under the age of 15 -if person assaults person in violation of court order -if person commits assault knowing or having reason to know the victim is a police officer, constable, fire fighter, fire investigator, emt, or paramedic engaged in the execution of official duties -a teacher -a person attempts to take officer gun, or any thing under officers control |
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13-1205. What is unlawful administering of intoxicating liquors
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introducing any intoxicating liquors, narcotic drugs or dangerous drugs to any person without their consent
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13-1209. What is a drive by shooting?
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INTENTIONALLY discharging a weapon from a motor vehicle at a person, another occupied motor vehicle, or an occupied structure.
-vehicles used are subject to seizure -drivers license must be surrendered and will be destroyed |
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What is "Restrain"?
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To restrict a persons movements without consent in a manner which interferes substantially with the persons freedom. Can be done by moving a person from one place to another or by confinement.
Restraint is without consent if it is by-- -physical force, intimidation or deception -someone under 18 or an incompetent person who cannot agree to movement |
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13-1302. What is custodial interference?
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-Takes, entices or keeps from lawful custody any child or person who is incompetent
-Before entry of a court order one parent takes, holds, or entices any child from the other parent denying them access -Expiration of access rights -Mother is legal custodian of child if born out of wedlock |
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13-1303. What is unlawful imprisonment?
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KNOWINGLY restraining another person
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13-304. what is kidnapping?
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KNOWINGLY restraining another person WITH INTENT TO
-hold the victim for ransom, as a shield or hostage -hold victim for involuntary servitude -inflict death, physical injury, or a sexual offense, or otherwise aide in commission of a felony -place victim or a third person in reasonable apprehension of imminent physical injury -interfere with the performance of a governmental or political function -seize or exercise control over any plane, train, bus, ship, or other vehicle |
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13-1305. What is access interference?
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KNOWINGLY engages in a PATTERN of behavior that PREVENTS, obstructs, or frustrates the access rights of another person who is entitled to see the child pursuant to a COURT ORDER.
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What is "Oral Sexual Contact"?
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oral contact with the penis, vulva, or anus
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What is "Sexual Contact"?
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any direct or indirect touching, fondling, manipulating of any part of the genitals, anus, or female breast by any part of body or by any object
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What is "Sexual Intercourse"?
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Penetration into the penis, vulva, or anus by any part of body or any object orrrr masturbatory contact with penis or vulva
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13-1402. What is indecent exposure?
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Exposing genitals or anus or areola or nipple and another person is present and the defendant is RECKLESS about whether another reasonable person would take offense
-Breast feeding is not indecent exposure |
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13-1403. What is public sexual indecency?
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INTENTIONALLY or KNOWINGLY engaging in:
1. An act of sexual contact 2. An act of oral sexual contact 3. An act of sexual intercourse 4. an act of bestiality |
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13-1404. What is sexual abuse?
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INTENTIONALLY or KNOWINGLY engaging in sexual contact with any person who is 15 or more WITHOUT consent or with any person who is under 15 and the sexual contact involves only the female breast
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13-1405. What is sexual conduct with a minor?
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INTENTIONALLY or KNOWINGLY engaging in sexual intercourse or oral sexual contact with any person who is under 18
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13-1406. What is sexual assault?
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INTENTIONALLY or KNOWINGLY engaging in sexual intercourse or oral sexual contact with any person without consent
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13-1407. What are the Defenses?
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1404 and 1405 involving a minor if the act was done in furtherance of lawful medical practice.
-1404 and 1405 if victims lack of consent was because the victim was 15, 16, 17 and the defendant did not know and could not reasonably have known the age of the victim -any person giving emergency care at scene of an emergency occurrence -1404 and 1405 if person was the spouse of the other person NOT A DEFENSE TO 1406 -1405 if victim is 15,16,17 and the defendant is under 19 OR attending high school and is no more than 24 months older AND the conduct is CONSENSUAL |
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13-1410. What is molestation of a child?
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INTENTIONALLY or KNOWINGLY engaging in sexual contact, except sexual contact with the female breast, with a child under 15
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What is "Critical Public Service Facility"?
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A structure or fenced yard that has a posted sign indicating it is a felony to trespass
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What is "Enter or remain unlawfully"?
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A person who enters or remains on premises when they are not allowed to be, except when the entry is to commit a theft of merchandise displayed for sale during normal business hours
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What is "Entry"?
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The intrusion of any part of any instrument or any part of a person's body inside the external boundaries of a structure or unit of real property
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What is "Fenced commercial yard"?
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A unit of real property that is surrounded completely by fences, walls, buildings or similar barriers and that is zoned for business operations or where livestock , produce or other commercial items are located
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What is "Fenced residential yard"?
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A unit of real property that immediately surrounds or is adjacent to a residential structure and that is enclosed by a fence, wall, building or similar barrier.
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What is "In the course of committing"?
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Any acts that are performed by an intruder from the moment of entry to and including the flight from the scene of the crime.
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What is "Residential structure"?
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Any structure, movable or immovable, permanent or temporary, that is adapted for both human residence and lodging whether occupied or not.
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What is "Structure"?
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Any vending machine or any building, object, vehicle, railroad car or place with sides and a floor that is separately securable from any other structure and is used for lodging, business, transportation, recreation, or storage.
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13-1502. What is Criminal trespass in the third degree?
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KNOWINGLY entering or remaining unlawfully on any REAL PROPERTY after a reasonable request to leave by the owner or other person having lawful control over such property OR reasonable notice prohibiting entry.
-KNOWINGLY entering or remaining on right of way for tracks, or the storage or switching yards or rolling stock of a railroad company |
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13-1503. What is Criminal trespass in the second degree?
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KNOWINGLY entering or remaining unlawfully in or on any NONRESIDENTIAL STRUCTURE or in any FENCED COMMERCIAL YARD
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13-1504. What is Criminal trespass in the first degree?
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KNOWINGLY entering or remaining in or on a
-RESIDENTIAL STRUCTURE -FENCED RESIDENTIAL YARD -Entering any RESIDENTIAL YARD and without lawful authority, LOOKING into the RESIDENTIAL structure in reckless disregard of infringing the persons right of privacy -Entering unlawfully on REAL PROPERTY that is subject to valid mineral claim -PROPERTY OF ANOTHER and burning, defacing, or desecrating a religious symbol or other religious property without express permission of the owner -CRITICAL PUBLIC SERVICE FACILITY |
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13-1505. What is possession of burglary tools?
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Possessing any explosive, tool, instrument or other article adapted or commonly used for committing any form of burglary AND intending to use or permit the use of such item in the commission of a burglary.
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13-1506. What is Burglary in the third degree?
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Entering or remaining unlawfully in or on a NON RESIDENTIAL STRUCTURE or in a FENCED COMMERCIAL or RESIDENTIAL YARD with the INTENT to commit any theft or felony therein
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13-1507. What is Burglary in the second degree?
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Entering or remaining unlawfully in or on a RESIDENTIAL STRUCTURE with the INTENT to commit any theft or any felony therein
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13-1508. What is Burglary in the first degree?
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A person or accomplice violates either 3rd or 2nd burglary and KNOWINGLY possesses explosives, a deadly weapon or a dangerous instrument in the course of committing any theft or any felony.
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What is "Damage"?
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Any physical or visual impairment of ANY surface
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What is "Defacing"?
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any UNNECESSARY ACT of substantially marring any surface or place by any means, or any act of putting up, printing, painting without permission from the owner
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What is "Litter"?
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Basically anything
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What is "Property of Another"?
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property that any person other than the defendant has an interest in, including community property
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What is "Tamper"?
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Any act of interference
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What is "Utility"?
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any enterprise that provides gas, electric, irrigation, steam, water, communication services etc as well as any common carrier on land, rail, sea, or air
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13-1602. What is Criminal damage?
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RECKLESSLY:
1. Defacing or damaging property of another 2. Tampering with property of another so as to substantially impair its function or value 3. Tampering or damaging property of utility 4. Parking vehicle to deprive livestock of access to only water 5. Drawing a message, slogan , sign symbol on a public or private building EXCEPT the ground without permission of owner |
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13-1604. What is Aggravated criminal damage?
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INTENTIONALLY or RECKLESSLY without permission of owner:
1. Defacing, damaging or changing the appearance in any way of any building, structure, personal property or place USE FOR worship or ANY religious purpose 2. Defacing or damaging any building structure or place used as a SCHOOL or as an EDUCATIONAL FACILITY 3. Defacing or damaging or tampering with any CEMETERY, MORTUARY, or any other place used for the purpose of BURIAL |
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13-1605. What is Aggregation of amounts of damage?
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LAYMEN TERMS: All damaged property will be added up to determine what the charge will be. If all damaged property adds up to more than $1000 then a felony charge will be given. Less than $1000 is a misdemeanor.
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What is an "Occupied Structure"?
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Any structure in which ONE or MORE HUMAN BEINGS either is OR is likely to be present or to be so near as be in equivalent danger at the time of the fire or explosion. INCLUDES any dwelling house, whether occupied, unoccupied, or vacant.
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What is "property"?
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Anything other than a structure which has VALUE, tangible or intangible, including documents evidencing value of ownership
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What is "Structure"?
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any building, object, vehicle, watercraft, aircraft or place with sides and a floor, USED FOR lodging, business, transportation, recreation or storage.
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What is "Wildland"?
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Any brush covered land, cutover land, forest, grassland or woods
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13-1702. What is Reckless Burning?
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RECKLESSLY causing a fire or explosion which results in damage to an OCCUPIED STRUCTURE, a STRUCTURE, WILDLAND OR PROPERTY.
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13-1703. What is Arson of a structure or property?
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KNOWINGLY and UNLAWFULLY damaging a structure or property by KNOWINGLY causing a fire or explosing
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13-1704. What is Arson of an occupied structure?
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KNOWINGLY and UNLAWFULLY damaging an OCCUPIED STRUCTURE by KNOWINGLY causing a fire or explosing
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What is "Control or Exercise control"?
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To act so as to EXCLUDE others from using THEIR property EXCEPT on defendant's own terms
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What is "Deprive"?
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To withhold the property interest of another either PERMANENTLY or for SO LONG A TIME PERIOD that a substantial portion of its ECONOMIC VALUE or USEFULNESS or ENJOYMENT is lost, to withhold with the intent to restore it only on payment of any reward or other compensation OR to transfer or DISPOSE of it so that it is UNLIKELY to be recovered.
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What is "Material Misrepresentation"?
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A pretense, promise, representation or statement that is FRAUDULENT and is instrumental in causing the WRONGFUL control or transfer of property or services. May be VERBAL or PHYSICAL ACT.
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What is "Means of Transportation"?
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Any vehicle
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What is "Property"?
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Anything of value, tangible or intangible, INCLUDING trade secrets.
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What is "Property of Another"?
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Property in which any person other than the defendant has an interest in.
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What is "Services"
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Includes Labor, professional services, transportation, etc.
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13-1802. What is Theft?
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WITHOUT lawful authority, the person KNOWINGLY:
1. Controls property of another with the INTENT to deprive the other person of such property 2. Converts for an unauthorized term or use services or property of another entrusted to the defendant for a limited time. 3. Obtain services or property of another by means of any MATERIAL MISREPRESENTATION with INTENT to deprive the other person of such property or services 4. Comes into CONTROL OF LOST, mislaid, or misdelivered property of another, and not trying to find the true owner 5. Controls property of another KNOWING or HAVING REASON TO KNOW that the property was stolen 6. Obtain services known to the defendant to be available only for COMPENSATION without paying or an agreement to pay the compensation or diverts another services the the persons own or another benefit without authority. (Putting drink on someone elses tab) THEFT OF PROPERTY- Less than $1000 is misdemeanor UNLESS the property is taken from another person, a firearm or is an animal taken for animal fighting. |
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13-1803. What is unlawful us of means of transportation?
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WITHOUT INTENT TO PERMANENTLY DEPRIVE
1.KNOWINGLY takes unauthorized control over another persons means of transportation. 2.Being PRESENT in a vehicle that is stolen or you have reason to believe it is stolen |
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13-1804. What is theft by extortion?
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KNOWINGLY obtaining or seeking to obtain property or services by means of a THREAT TO DO IN THE FUTURE:
1. Cause PHYSICAL INJURY to anyone by means of a DEADLY WEAPON or DANGEROUS INSTRUMENT or cause DEATH or SERIOUS PHYSICAL INJURY to anyone 2. Cause PHYSICAL INJURY to anyone EXCEPT as provided in number 1 3. Cause DAMAGE to property 4. Engage in other conduct CONSTITUTING AN OFFENSE 5. Accuse anyone of a crime or bring criminal charges against anyone 6. Expose a SECRET, whether true or false, to subject anyone to hatred, contempt or ridicule, or to impair the person's credit or business 7. Take or withold action as a public servant 8. Cause anyone to PART with property |
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13-1805. What is Shoplifting?
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While in an establishment in which merchandise is displayed for sale, the person KNOWINGLY obtains such goods of another with INTENT to deprive that person of such goods by:
1. Removing any of the goods from the immediate display or from any other place within the establishment WITHOUT paying the purchase price 2. Charging the purhchase price of the goods to a fictitious person or any person with that persons authority 3. Paying less than the purchase price of the goods by some trick such as altering, removing, or otherwise disfiguring any lable 4. Transferring the goods from one container to another 5. Concealment SHOPLIFTING valued at less than $1000 is a misdeamor Anyone who has previously committed or been convicted within the past 5 years of 2 or more offenses involving burglary, shoplifting, robbery, organized retail theft or theft is guilty of a class 4 FELONY |
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13-1806. What is unlawful failure to return rented or leased property?
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The person KNOWINGLY fails without good cause to return the property within 72 hours after the time provided in the rental agreement
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13-1807. What is issuing a bad check?
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A person issues or passes a check KNOWING that the person DOES NOT HAVE sufficient funds in or on deposit with the bank in full of the check as well as all other check outstanding AT THE TIME OF ISSUANCE
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13-1807. What are the defenses to issuing a bad check?
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1. You notify the person you are writing the check to that you do not have sufficient funds in the bank yet
2. The check is POSTDATED and the funds are available at the later date 3. Insufficiency of funds results from an adjustment to the person's account by the CREDIT institution WITHOUT notice to the person |
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13-1814. What is theft of means of transportation?
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Without lawful authority, the person KNOWINGLY:
1. Controls another persons means of transportation with the INTENT to permanently deprive the person of the means of transportation 2. Converts for an unauthorized term or us another persons means of transportation that is entrusted to or placed in the defendant's possession for a limited, authorized term of use 3. Obtain another persons means of transportation by mean of any MATERIAL MISREPRESENTATION with the INTENT to permanently deprive the person 4. Comes into control of lost or misdelivered under circumstances providing means of inquiry as to the true owner |
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What is "Force"?
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Any physical act directed against a person as a means of gaining control of property
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What is "In the course of committing"?
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Acts beginning with the initiation and extending trough the flight from a robbery
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What is "Threat"?
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Means a verbal or physical menace of imminent physical injury to a person
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13-1902. What is Robbery?
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In the course of taking any property of another from his person or immediate presence and against his will, such person THREATENS or USES FORCE against any PERSON with INTENT either to coerce surrender of property or to prevent resistance to such person taking or retaining property
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13-1903. What is Aggravated Robbery?
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In the course of committing robbery such person is AIDED by one or more accomplices actually present
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13-1904. What is armed robbery?
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In the course of committing robbery, such person or an accomplice:
1. Is armed with a DEADLY WEAPON or a SIMULATED deadly weapon 2. Uses or threatens to us a deadly weapon or dangerous instrument or a simulated deadly weapon |
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What is "Access Device"?
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Any card, token, account number etc that can be used alone or in conjunction with another access device to OBTAIN money, goods, services, or any other thing of value or that can be used to initiate a transfer of anything of value.
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What is "Complete written instrument"?
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A written instrument that purports to be genuine and fully drawn with respect to every essential feature
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What is "Falsely alters a written instrument"?
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To change a complete or incomplete written instrument, without permission, by means of counterfeiting, washing, deleting, inserting, etc so that the altered instrument FALSELY APPEARS or purports to be in all respect an authentic creation
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What is "Falsely Completes a Written Instrument"?
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To transform an incomplete written instrument into a complete one by adding, inserting or changing matter without permission
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What is "Falsely makes a written instrument"?
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To make or draw a complete or incomplete written instrument that purports to be an authentic creation but is not because the ostensible marker is fictitious or not authorized
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What is "Forged Instrument"?
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A written instrument that has been falsely made, completed or altered
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What is "Personal Identifying Information"?
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Any written document or electronic data that does or purports to provide information concerning a name, signature, electronic identifier or screen name etc
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What is a "Slug"?
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Any object that is capable of being placed in a coin machine as a fraudulent substitute for money or token
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13-2002. What is Forgery?
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With INTENT TO DEFRAUD:
1. Falsely makes, completes, or alters a WRITTEN INSTRUMENT 2. KNOWINGLY possesses a FORGED INSTRUMENT 3. Offers or presents, whether accepted or not, a FORGED INSTRUMENT or one that contains false information |
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13-2004. What is Criminal Simulation?
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With INTENT TO DEFRAUD, a person makes alters or presents or offers, any object so that it appears to have an ANTIQUITY, RARITY, or VALUE that it does not in fact possess
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13-2006. What is Criminal Impersonation?
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1. Assuming a false identity with the INTENT TO DEFRAUD another
2. Pretending to be a representative of some person or organization with the INTENT TO DEFRAUD 3. Pretending to be, or assuming a false identity with the INTENT TO induce another person to provide or allow ACCESS TO PROPERTY |
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13-2007. What is unlawful use of slugs?
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Exactly what it sounds like.
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13-2008. What is taking or knowingly accepting identity of another person or entity?
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A person KNOWINGLY takes, purchases, or uses any personal identifying information of another person, including REAL or FICTITIOUS persons, without consent of the other person, with the INTENT TO obtain the other person's identity for any unlawful purpose, or to CAUSE loss to a person, or with INTENT TO obtain or continue employment
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What is "Cancelled or revoked credit card"?
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A credit card that is no longer valid because permission to use it has be suspended, revoked or terminated by the USSUER of the credit card by WRITTEN notice sent by certified or registered mail
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What is "Cardholder"?
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Any person who:
1. Named on the face of a credit card 2. In possession of a credit card with CONSENT of the person to whom it was issued |
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What is "Credit Card"?
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Any instrument or device that is issued for the use of the cardholder in obtaining money, goods, services or anything else of value, either on credit on promise to pay at a future time.
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What is "Debit Card"?
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An electronic benefit transfer card or other access device, other than a check, that is SIGNED BY THE HOLDER, that draws funds from a deposit account in order to obtain money, goods, services or anything else of value.
(Falls under definition of credit card) |
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What is "Stored value card"?
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A device that enables a person to obtain goods, services or anything else of value through the use of the value stored on the card
(Falls under definition of credit card) |
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What is "Expired Credit Card"?
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A credit card that is no longer valid because the term shown on the credit card has elapsed
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What is "Incomplete Credit Card"?
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A credit card on which part of the matter, OTHER THAN THE SIGNATURE, has not been stamped, embossed, imprinted or written
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What is "Issuer"?
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Any business organization that issues a credit card
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What is "Merchant"?
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A person who is authorized under a written contract to furnish money, goods, services, or anything else of value on presentation of credit card
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13-2102. What is theft of a credit cart or obtaining a credit card by fraudulent means?
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1. CONTROLS a credit card without the cardholder's consent through theft or theft by extortion.
2. Sells, Transfers or conveys a credit card with the INTENT to defraud 3. With INTENT to defraud, obtains possession, care, custody or control over a credit card as a security for debt |
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13-2104. What is Forgery of a credit card?
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1. With INTENT to defraud, alters any credit card, falsely makes, manufactures, fabricates or causes to be made an instrument or device purporting to be a credit card without the express authorization of an issuer to do so
2. Other than the cardholder, with INTENT to defraud, signs the name of any actual or fictitious person to a credit card or instrument for the payment of money |
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13-2105. What is Fraudulent use of a credit card?
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1. With INTENT to defraud, uses, for the purposes of obtaining or attempting to obtain money good services or anything of value, a credit card or credit card number obtained or retained in violation of chapter or the person knows is forged, expired, cancelled or revoked.
2. Using the card for anything without the consent of the cardholder OR by representing that the person is the holder of a credit card and the card has not in fact been issued |
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What is "Dealer in Property"?
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A person who buys and sells property as a business
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What is "Stolen Property"?
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Property of another that has been the subject of any unlawful taking
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What is "Traffic"? (According to chapter 23)
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To sell, transfer, distribute, dispense or otherwise dispose of stolen property to another person OR to buy, receive, possess or obtain control of stolen property, with the INTENT to sell, transfer, distribute, dispense or otherwise dispose of the property to another person
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13-2305. What is Permissible Inferences?
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1. Proof of possession of property recently stolen, unless satisfactorily explained, may give rise to an INFERENCE that the person in possession of the property was AWARE of the risk that is had been stolen or in some way participated in its theft.
2. Proof of the purchase or sale of stolen property at a price substantially below its fair market value unless satisfactorily explained, may give rise to an INFERENCE that the person buying or selling the property was aware it might be stolen 3. Proof of the purchase or sale of stolen property by a dealer in property, out of the regular course of business, or without the usual indicia of ownership other than mere possession, unless explained, may give rise to an INFERENCE that the person buying or selling the property was aware of the risk that it had been stolen (Cannot charge anyone for this, just gives police officers ability to stop people) |
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13-2306. What is possession of altered property?
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A person who is a DEALER IN PROPERTY and RECKLESSLY possess property the permanent identify features of which, including serial numbers or labels have been removed or in any fashion altered is guilty of a CLASS 6 FELONY
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13-2307. What is trafficking in stolen property?
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A person who RECKLESSLY traffics in the property of another that has been STOLEN is guilty of trafficking in stolen property in the SECOND DEGREE
A person who KNOWINGLY initiates, organizes, plans, finances, directs, manages or supervises the theft and trafficking in property of another that has been STOLEN is guilty of trafficking in stolen property in the FIRST DEGREE |
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13-2308.01. What is Terrorism?
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Bad
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13-2403. What is Refusing to aid a peace officer?
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Upon a reasonable command, a person KNOWINGLY refuses or fails to aid a police officer in:
1. Effectuating or securing an arrest |
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13-2404. What is Refusing to assist in fire control?
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Upon a reasonable command by a person reasonably know to be a fireman such person KNOWINGLY refuses to aid in extinguishing a fire or in protecting property at the scene of a fire
2 Disobeying an order or regulation given by a fireman or police officer related to the conduct of the persons in the vicinity of the fire |
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13-2406. What is impersonating a public servant?
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A person pretend to be a public servant AND engages in any conduct with the INTENT to induce another to submit to his pretended official authority
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13-2411. What is Impersonating a peace officer?
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A person without lawful authority, pretends to be a peace officer AND engages in any conduct with the INTENT to induce another to submit to the person's pretended authority
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What is "Contraband"?
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Any dangerous drug, narcotic drug, marijuana or other article whose use or possession would endanger the safety, security or preservation of order in a correctional facility or a juvenile secure car facility
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What is "Correctional Facility"?
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Any place used for the confinement or control of a person:
1. Charged with or convicted of an offense 2. Held for extradition 3. Pursuant to an order of court for law enforcement purposes |
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What is "Custody"?
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The imposition of actual or constructive restraint pursuant to an on site arrest or court order but does not include detention in a correctional facility juvenile detention center or state hospital
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What is "Escape"?
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Departure from custody
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13-2502. What is Escape in the Third Degree?
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A person having been arrested for, charged with or found guilty of a MISDEMEANOR or PETTY OFFENSE, such person KNOWINGLY escapes or attempts to escape from custody
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13-2503. What is Escape in the Second Degree?
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KNOWINGLY:
1. Escaping or attempting to escape from a juvenile secure care facility, a juvenile detention facility or an adult correctional facility 2. Escaping or attempting to escape from CUSTODY imposed as a result of having been arrested for, charged with or found guilty of a felony |
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13-2504. What is Escape in the First Degree?
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KNOWINGLY escaping or attempting to escape from custody by:
1. Using or threatening the use of PHYSICAL FORCE against another person 2. Using or threatening to use a DEADLY WEAPON or DANGEROUS INSTRUMENT against another person |
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13-2508. What is Resisting Arrest?
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INTENTIONALLY preventing or attempting to prevent a peace officer from effecting an arrest by:
1. Using or threatening to use PHYSICAL FORCE against the peace officer or another 2. Using any other means creating a substantial risk of causing PHYSICAL INJURY to the peace officer or another 3. Engaging in PASSIVE RESISTANCE |
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13-2510. What is Hindering Prosecution?
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For purposes of 2511 and 2512 a person renders assistance to another person by KNOWINGLY:
1. Harboring or concealing the other person 2. Warning the other person of impending discovery, apprehension, prosecution or conviction. Does not count if trying to bring another in compliance with the law 3. Providing the other person with money, transportation, a weapon, a disguise or other similar means of avoiding discovery, apprehension, prosecution or conviction 4. Preventing or obstructing by means of force, deception or intimidation 5. Suppressing any physical evidence that might aid in the discovery... of the person 6. Concealing the identity of the other person |
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13-2511. What is Hindering Prosecution in the Second Degree?
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With INTENT to Hinder the apprehension, prosecution, conviction, or punishment of another for any MISDEMEANOR or PETTY OFFENSE, such person renders assistance to such person
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13-2512. What is Hindering prosecution in the First Degree?
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With INTENT to hinder the apprehension, prosecution, conviction or punishment of another for any FELONY, the person renders assistance to the other person
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13-2602. What is Bribery of a public servant?
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With CORRUPT INTENT:
1. A person offers, confers or agrees to confer any benefit upon a public servant or party officer with the INTENT to influence the public servant's VOTE, OPINION, JUDGMENT, EXERCISE of discretion or other action in his official capacity as a public servant 2. While a public servant or party officer, such person solicits, accepts or agrees to accept any benefit upon agreement or understanding that his vote, opinion or other action as a public servant may thereby be influenced |
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What is "Material"?
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That which could have affected the course or outcome of any proceeding or transaction
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What is "Statement"?
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Any representation of fact and includes a representation of opinion
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What is "Sworn Statement"?
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Any statement KNOWINGLY given under oath or affirmation attesting to the truth of what is stated
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13-2702. What is Perjury?
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1. Making a false sworn statement in regard to a material issue believing it to be FALSE
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13-2703. What is False Swearing?
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Making a false sworn statement believing it to be FALSE
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13-2802. What is Influencing a witness?
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A person THREATENS a witness or offers, confers or agrees to confer any benefit upon a witness in any official proceeding or a person he believes MAY be called as a witness with INTENT to:
1. Influence the testimony of that person 2. Induce that person to avoid legal process summoning him to testify 3. Induce that person to absent himself from any official proceeding to which he has been legally summoned |
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13-2804. What is Tampering with a Witness?
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KNOWINGLY induces a witness in any official proceeding or a person he believes MAY be called as a witness to:
1. Unlawfully withhold any testimony 2. Testify Falsely 3. Absent himself from any official proceeding to which he has been legally summoned |
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13-2809. What is Tampering with physical evidence?
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With INTENT that it be use, introduced, rejected or unavailable in an official proceeding which is then pending or which such person knows is about to be instituted such person,
1. Destroys etc. with the INTENT to impair its verity or availability 2. KNOWINGLY makes, produces or offers any false physical evidence 3. Prevents the production of physical evidence by an act of force, intimidation or deception against any person |
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13-2810. What is interfering with judicial proceedings?
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KNOWINGLY:
1. Engages in disorderly behavior during the session of a court which directly tends to interrupt its proceedings or impairs the respect due to its authority 2. Disobeys or resists the lawful order, process or other mandate of the court 3. Refuses to be sworn or affirmed as a witness in any court proceeding 4. Publishes a false or grossly inaccurate report of a court proceeding 5. Refuses to serve as a juror unless exempted by law 6. Fails inexcusably to attend a trial at which he has been chosen to be a juror |
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13-2902. What is unlawful assembly?
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1. Assembling with two or more (at least 3 total) persons with the INTENT to engage in conduct constituting a riot
2. Being present at an assembly of two or more other persons (at least 3 total) who are ENGAGED in or who have the readily apparent intent to engage in conduct constituting a riot and knowingly remaining there and refusing to obey an official order to disperse |
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13-2903. What is a Riot?
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With two or more people (At least 3 total) such person RECKLESSLY uses force or violence or threatens to use force or violence if such threat is accompanied by immediate power of execution which disturbs the public peace
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13-2904. What is Disorderly Conduct?
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With INTENT to disturb the peace or quiet of a neighborhood, family or person, or with KNOWLEDGE of doing so, such person:
1. Engages in fighting, violent or seriously disruptive behavior 2. Makes unreasonable noise 3. Uses abusive or offensive language or gestures to any person present in a manner likely to provoke immediate physical retaliation by such person 4. Makes any protracted commotion, utterance or display with the intent to prevent the transaction of the business of a lawful meeting, gathering or procession 5. Refuses to obey a lawful order to disperse issed to maintain public safety in dangerous proximity to a fire a hazard or any other emergency 6. Recklessly handles, displays or discharges a deadly weapon or dangerous instrument |
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13-2906. What is Obstructing a highway or other public thoroughfare?
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Having NO LEGAL PRIVILEGE to do so such person alone or with other persons, recklessly interferes with the passage of any highway or public thoroughfare by creating an unreasonable inconvenience or hazard
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13-2910. What is cruelty to animals?
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1. Intentionally, knowingly or recklessly subjects any animal under the person's custody or control to cruel neglect or abandonment
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13-2916. What is use of an electronic communication to terrify intimidate, threaten or harass?
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It is unlawful for any person with INTENT to terrify, intimidate, threaten or harass a specific person or persons to do any of the following:
1. Direct any obscene, lewd or profane language to the person in an electronic communication 2. THREATEN to inflict physical harm to any person or property in any electronic communication 3. Otherwise disturb by repeated anonymous, unwanted or unsolicited electronic communications the peace, quiet or right of privacy of the person at the place where the communications were received |
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13-3613. What is Contributing to delinquency and dependency?
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A person who by any act, causes, encourages or contributes to the dependency or delinquency of a child, or who for any cause is responsible therefor is guilty of a class 1 MISDEMEANOR
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What is evidence?
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Anything presented to a judge or jury that is offered to prove the existence or non-existence of a fact
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What is law of evidence?
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System of rules and principles regulating the burden of proof, admissibility, relevancy, weight, ad sufficiency of evidence in legal proceedings
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What are the purposes of Evidentiary Rules?
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-prevent the introduction of evidence which is IRRELEVANT and or UNRELIABLE
-Prevent the introduction of evidence which results in UNFAIR PREJUDICE (Rule 403) -Prevent the introduction of evidence which results in causing delay or wasting time (Rule 403) -Prevent the introduction of evidence which confuses or mislead the decision maker (Rule 403) |
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Is all evidence allowed in court?
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No evidence is admissible except relevant evidence. HOWEVER not all relevant evidence is admissible
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What 3 areas do officers neglect most?
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-Miranda
-Chain of Custody -Search and Seizure Violations |
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What is the neglect of Miranda?
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Not advising of rights, not obtaining waiver of rights, not adhering to invocation of rights etc.
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What is the neglect of Chain of Custody?
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Leaving or forgetting evidence, not securing evidence, losing evidence
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What is the neglect of Search and Seizure?
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Collecting evidence in violation of the 4th Amendment
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What is direct evidence?
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Evidence leads directly to a conclusion with no inference.
Only type is seeing or video |
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What is circumstantial evidence?
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Evidence with an inference leads to a conclusiong.
Example finger prints, foot prints in snow |
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What is Physical evidence?
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Tangible things, items that can be seen or touched
Example: gun, knives, vehicles, clothes |
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What is testimonial evidence?
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Intangible. These are statements including verbal descriptions of things.
Example: Police officers on witness stand talking |
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What is documentary evidence?
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Written material such as MVD records or prior convictions
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What is demonstrative evidence?
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Photos, sketches, other aids to assist the decision maker to visualize the scene
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What are the 4 uses of evidence?
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-An item of proof
-To impeach a witness -To rehabilitate a witness -To assist in sentencing |
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What is exculpatory evidence?
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Evidence that tends to prove the innocence of the suspect/defendant. Officers have an OBLIGATION to document ALL exculpatory evidence and provide to the prosecution
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What is inculpatory evidence?
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Evidence that tends to prove the guilt of the suspect/defendant
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What is proof?
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The establishment of a fact by evidence
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What is burden of proof?
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The obligation of a party to establish a fact in dispute by producing evidence which persuades the trier of fact as to its existence
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Who is the burden of proof on in a criminal case?
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State must prove its case beyond a reasonable doubt
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What is the burden of proof in a civil case?
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Preponderance of the evidence
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What is Relevance (Rule 401)?
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Criteria for evidence allowed in court. Evidence has a tendency to make the existence of a fact more or less probable than it would without the evidence
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What is materiality?
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The existence of the fact that is made more or less probable by the relevant evidence is important to the ultimate issue in the case
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What is foundation?
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The evidence satisfies the rules of evidence. If there is a lack of foundation then the court needs more information before it will admit the evidence.
Example: Before an expert is able to give an opinion there must be evidence of the witness's qualifications |
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What is competence?
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The witness must know the difference between right and wrong, must be able to adhere to the oath, and must have actual knowledge of the events
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What is the exclusionary rule?
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Evidence resulting from an unreasonable search and or seizure is inadmissible. The purpose is to deter future police misconduct
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What is fruits of the poisonous tree?
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The unreasonable search or seizure is a seed and other evidence growing from it is also inadmissible.
(Bad stop all evidence is thrown out) |
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What is Willits Instruction?
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If the state loses or destroys evidence then there is a jury instruction that the evidence may be considered favorable to the defense
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What is a witness?
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A person who has personal knowledge that is relevant to the case (Rule 602)
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What is a lay witness?
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Able to give opinions at the lowest level of abstraction (Rule 701)
Example: was the car speeding prior to the collision (Cannot testify to the exact speed of the car) |
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What is an expert witness?
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Able to draw on education, training, experience
(Giving expert opinion requires foundation Rule 702) |
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What is a subpoena?
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A court order requiring a witness to appear in court
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What is Subpoena Duces Tecum?
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A court order requiring a witness to appear in court and bring something with them
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What does "Invoking the Rule" mean?
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Not a major concern. Means that the witnesses must remain outside the courtroom until it is their turn to testify
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What is the procedure for obtaining witness testimony?
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-Direct examination
-Cross examination -Re-Direct or Re-Cross |
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In a direct examination are leading questions generally allowed?
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They are generally not allowed during this phase
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Who conducts the cross examination?
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The other side, generally done by leading questions
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What is Voir Dire?
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"To speak the truth"
-Eliminate jurors who are prejudice etc by asking an array of questions -Looking for impartial jurors |
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What are truth conditioning devices?
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Things that make sure you tell the truth
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What is an oath?
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"So help me God" The ultimate goal for the courts is to instruct the witness that they have a duty to tell the truth. Failure to do so may result in prosecution for perjury
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How is cross examination a truth conditioning device?
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The other side is able to ask questions to test the truthfulness and reliability of the witness
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How is the observation of jurors a truth conditioning device?
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By body language, pauses, tone of voice
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How can you impeach a witness?
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By cross examination and independent evidence
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What is hearsay?
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Hearsay is an out of court statement, made by an out of court witness, and offered to prove the truth of a matter asserted
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What is the 6th amendment confrontation clause?
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In all criminal prosecutions the accused shall have the right to be confronted with witnesses against him
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What is the general rule regarding hearsay?
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The general rule is that hearsay is inadmissible subject to a few exceptions
-Most of the exceptions are based on the assumption that the statement was reliable |
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What is the present sense impression?
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Statement describing or explaining an event and made while the person was perceiving the event
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What is an Excited utterance?
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Statement made while under stress and relate to the circumstances causing the stress
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What is recorded recollection?
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If witness cannot remember but there is memorandum concerning the matter and memories were fresh at the time of its writing so that it is an accurate account then witness is able to read the memorandum but it is not admissible unless the other side offers it
(Police Report) |
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What is the procedure for introducing recorded recollection to court?
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1. The memorandum is marked for identification
2. It is given to the witness 3. Foundation 4. Witness reviews the memorandum 5. Witness sets it aside |
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What is the Rule 804 Witness must be unavailable?
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1. Cout holds that privilege exempts the witness from testifying
2. Witness refuses to testify despite a court order to do so 3. Witness suffers a lack of memory 4. Witness suffers illness or death 5. One seeking to use the statement is unable with reasonable effort to ensure attendance |
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What is a dying declaration?
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Requires belief that death was imminent and must relate to the cause of death
Example: Joe Smith dying of gunshot wounds, Officers asks who did this, Joe says Mark shot me |
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What is a statement against interests?
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This includes statement that subject the declarant to civil or criminal liability
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What is admission?
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An acknowledgement of a fact or circumstance which serves to infer guilt
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What is a confession?
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An acknowledgement of involvement in the crime charged and every element including intent
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How can you avoid hearsay issues?
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By always getting peoples information
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Why are there privileged communication?
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Conversation are privileged so that there can be a free flow of communication
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Who can waive privileged communication?
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The holder of a privilege is able to waive it
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If the communication is made in a crowded elevator is it privileged?
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No, there is an implicit waiver
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When can a spouse testify to statements made by the other?
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Never, a spouse cannot testify during marriage or in death
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When can a spouse testify to acts of the other spouse?
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Upon termination of the marriage
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Are there exceptions to marital communications?
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If one spouse commits a crime against the other or children, or involving a serious crime such as murder
The government cannot force the spouse to testify |
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Does attorney client privilege apply if they are committing a crime together?
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No
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What are some exceptions to privileged communications?
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-Child abuse
-Physicians treating certain wounds -DUI Investigation |
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What type of crime is refusing to provide police with sample in DUI case?
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Class 1 misdemeanor
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