Crimes Against Family And Morals

Front 1

What is an Abortion

Back 1

“Justified medical termination”:
Means the intentional ending of the pregnancy of a woman at the request of the woman by a licensed physician using accepted medical procedures.

Front 2

What are the elements to Criminal Abortion CRS 18-6-102

Back 2

a. Offender intentionally;
b. Ended or caused to be ended the pregnancy of a woman;
c. By any means other than by justified medical termination or birth.

Front 3

Define Bigamy

Back 3

Means to live together under the representation of being married.

Front 4

What are the elements to Bigamy CRS 18-6-201

Back 4

a. Offender was a married person;
b. Who married or cohabitated with another person.

Front 5

What are the element to Marrying a Bigamist CRS 18-6-202

Back 5

a. Offender was an unmarried person, who;
b. Knowingly, married or cohabitated with another person;
c. Under circumstances known to him which would render the other person guilty of bigamy.

Front 6

Define Child as related to crimes of incest

Back 6

A person under the age of 21

Front 7

Define Descendant

Back 7

Includes a child by adoption, and a stepchild, but only if the person is not legally married to the child by adoption or the stepchild

Front 8

Define Sexual contact

Back 8

Knowingly touching the victim’s intimate parts by the actor, or the actor’s intimate parts by the victim, or the knowingly touching of the clothing covering the immediate area of the victim’s or actor’s intimate parts if that sexual contact can reasonably be construed as being for the purposes of sexual arousal, gratification or abuse

Front 9

Define Sexual intrusion

Back 9

Means any intrusion, however slight, by any object or any part of a person’s body, except the mouth, tongue, or penis, into the genital or anal opening of another person’s body if that sexual intrusion can reasonably be construed as being for the purposes of sexual arousal, gratification, or abuse

Front 10

Define Sexual penetration

Back 10

Means sexual intercourse, cunnilingus, fellatio, analingus, or anal intercourse. Emission need not be proved as an element of any sexual penetration. Any penetration, however slight, is sufficient to complete the crime.

Front 11

What are the elements to Incest CRS 18-6-301:

Back 11

Offender, knowingly;
a. Married or inflicted sexual penetration or sexual intrusion or subjected to sexual contact an
b. Ancestor
Descendent
Brother (whole or half blood)
Sister (whole or half blood)
Uncle (whole blood)
Aunt (whole blood)
Nephew (whole blood)
Niece (whole blood)

Front 12

Define the elements of Aggravated Incest CRS 18-6-302

Back 12

Marrying Natural Child:
a. Offender knowingly married;
b. The offender’s natural child;
Incest with Other Children:
a. Offender knowingly inflicted sexual penetration, intrusion or contact on;
b. The offender’s natural child, step child, adopted child; and
c. The offender was not legally married to such stepchild, or adopted child; and
d. Such child was under 21 years of age;
Incest with Others:
a. Offender knowingly;
b. Married, inflicted sexual penetration, intrusion or contact to;
c. A descendant:
brother(whole or half blood)
sister(whole or half blood)
uncle/aunt/nephew/niece of the whole blood who is under 10 years of age

Front 13

Can you charged with incest and sex assault

Back 13

If the elements of both crimes are present, an offender may be charged with both incest and sexual assault for the same act.

Front 14

Define Child in relation to wrongs against children

Back 14

Any person under the age of 16.

Front 15

Define Serious bodily injury

Back 15

Injury, which involves a substantial risk of death, a substantial risk of serious permanent disfigurement, or a substantial risk of, protracted loss or impairment of the function of any part or organ of the body.

Front 16

Define Without justifiable excuse

Back 16

Refers to the justification that a parent, guardian or other person entrusted with the care and supervision of a minor or incompetent person, and a teacher or other person entrusted with the care and supervision of a minor, may use reasonable and appropriate physical force upon the minor or incompetent person when and to the extent it is reasonably necessary and appropriate to maintain discipline or promote the welfare of the minor or incompetent person

Front 17

What are the elements to Child Abuse CRS 18-6-401

Back 17

(For child abuse proceedings under CRS 19-3-303 in the Colorado Children’s Code, a child is defined as a person under 18 years of age)
a. Offender acted knowingly or recklessly;
b. Caused an injury to a child’s life or health; or
c. Permitted a child to be unreasonably placed in a situation which posed a threat of injury to the child’s life or health; or
d. Engaged in a continued pattern of conduct which resulted in:
Malnourishment
Lack of proper medical care
Cruel punishment
Mistreatment
An accumulation of injuries which resulted in the death of a child or SBI to a child
e. And such child was under 16 years of age.

Front 18

1. Child abuse Offender acts knowingly, recklessly, with criminal negligence and there is no death or injury to child.

Back 18

a. Offender permitted child to be unreasonably placed in a situation which posed a threat of injury to the child’s life or health; and
b. The child was under 16 years old.

Front 19

Is failure to act, when that failure causes abuse of the child chargeable

Back 19

Yes

Front 20

Can a person be charged with child abuse and assault/second degree murder for the same act.

Back 20

Yes; if the necessary elements are present, child abuse and assault/second degree murder may be charged for the same act. Acquittal of assault or second-degree murder does not prevent guilty finding on child abuse.

Front 21

How does the privilege between physicians and husband, wife privileges relate to child abuse case

Back 21

The statutory privilege between victim-patient and his physician and between husband and wife shall not be available for excluding or refusing testimony in any prosecution of an act of child abuse.

Front 22

Knowingly causing the death of a child under the age of 12 by one in a position of trust is what penalty class

Back 22

Classified as first-degree murder.

Front 23

An act of a school teacher or other employee of a school district shall not be considered child abuse if

Back 23

The act was performed in good faith and in compliance with the discipline code adopted by the board of education; or
The act was an appropriate expression of affection or emotional support.

Front 24

What are the elements Trafficking in Children CRS 18-3-502

Back 24

a. Offender knowingly sold, exchanged, bartered, leased;
b. A child under 18 and received any
c. Money or consideration, or anything of value for the child; OR
d. Offender, knowingly received a child under 18;
e. As a result of a sale, exchange, barter, or lease;
f. And any person received any money or consideration or anything of value for the child.

Front 25

What are the elements to Sexual Exploitation of Children CRS 18-6-403

Back 25

1. Offender, knowingly;
2. Caused, induced, enticed, or permitted a child under 18 to engage in or be used for
3. Any explicit sexual conduct for the making of any exploitative material; or
4. Prepares, arranges for publishes, including but not limited to publishing through digital, or electronic means, produces, promotes, makes, sells, finances, offers, exhibits, advertises, deals in, or distributes, including but not limited to distributing through digital or electronic means, any sexually exploitive material or
5. Possessed or controlled any sexually exploitive material for any purpose; or
6. With intent to deal in, sell, distribute any sexually exploitative material; or
7. Caused, induced, enticed, or permitted
8. A child under 18 to be used for
9. Any explicit sexual conduct
10. For purpose of producing a performance (performance means a play, motion picture, or other exhibition performed before an audience).

Front 26

Define child as related to exploitation Child

Back 26

Means a person who is less than 18 years of age

Front 27

Define Explicit Sexual Conduct

Back 27

Means any sexual intercourse, erotic fondling, erotic nudity, masturbation, sadomasochism, or sexual excitement.

Front 28

Define Sexually Exploitative Material:

Back 28

Means any photo, motion picture, videotape, print, negative, slide, or other mechanically, electronically, chemically, or digitally, reproduced visual material that depicts a child engaged in, participating in, observing or being used for explicit sexual conduct.

Front 29

What is an affirmative defense for sexually exploitative Material

Back 29

It is an affirmative defense that the actor reasonably believed the child to be 18 or older

Front 30

What are the elements of Procurement of a Child for Sexual Exploitation CRS 18-6-404

Back 30

a. Offender intentionally;
b. Gave, transported, provided, made available, or offered to do so;
c. To another person;
d. A child under 18;
e. For the purpose of sexual exploitation.

Front 31

What are the elements to Harboring a Minor CRS 18-6-601

Back 31

a. Offender knowingly;
b. Provided shelter to a minor;
c. Without consent of the minor’s parent, guardian, custodian, person, with whom the minor resides the majority of the time
d. Offender intentionally:
1. Failed to release minor to law enforcement after requested to do so; or
2. Failed to disclose location of minor to law enforcement when requested to do so and person knew location of minor; or
3. Obstructed law enforcement from taking minor into custody; or
4. Assisted minor in avoiding or attempting to avoid law enforcement; or
5. Failed to notify parent, guardian, custodian of the minor, or the person with whom the child lives with the majority of the time or a law enforcement officer that the minor was being sheltered within 24 hours after shelter had been provided.

Front 32

What are the elements to Contributing to the Delinquency of a Minor CRS 18-6-701

Back 32

a. Offender knowingly;
b. Induced, aided, encouraged a child under 18;
c. To violate any federal, state law or municipal or county ordinance or court order

Front 33

Define intimate relationships

Back 33

Intimate Relationship means a relationship between spouses, former spouses, past or present unmarried couples, or persons who are both the parents of the same child regardless of whether the persons have been married or have lived together at any time.

Front 34

What is significance of People v. Disher

Back 34

People v. Disher, 02/16/10 Colorado Supreme Court decided that for purposes of domestic violence, the definition of intimate relationship is NOT synonymous with a sexual relationship.

Front 35

Is domestic violence a chargeable offense

Back 35

Domestic violence, itself, is not a defined substantive crime. Any criminal offense that fits the definition of domestic violence is dealt with under the special provisions of the domestic violence statute

Front 36

How does Evidence of Similar Transactions (CRS 18-6-801.5) Relate to domestic violence

Back 36

Under certain circumstances, evidence of prior acts of domestic violence between the same parties is admissible in a domestic violence prosecution (evidence is offered to show a common scheme, plan, design, identity, modus operandi, motive, or guilty knowledge or for some other purpose).

Front 37

No Firearms for Domestic Violence Offenders CRS 18-6-801.8 (see statute for details)

Back 37

Court is required when issuing a protection order under Title 13; issuing a mandatory protection order to a defendant under Title 18; or sentencing a defendant in a misdemeanor DV case:
Refrain from possessing or purchasing any firearm or ammunition during the duration of the order; AND
Relinquish any firearm or ammunition in the defendant’s immediate possession or control

Front 38

Duties of Peace Officers related to domestic violence CRS 18-6-803.6:

Back 38

When a peace officer determines there is probable cause to believe a crime of domestic violence has been committed, the officer shall arrest the person suspected

Front 39

Are officers required to arrest both parties in domestic violence events

Back 39

Nothing in this subsection requires a peace officer to arrest both parties involved in an alleged act of domestic violence when both claim to be victims of such domestic violence

Front 40

What are the Notice Requirements in Protection Orders CRS 18-6-803.5(8)

Back 40

A protection order issued in the state of Colorado shall contain a statement that:
-The order or injunction shall be accorded full faith and credit and be enforced in every civil or criminal court of the United States, another state, an Indian Tribe, or United States territory;
-The issuing court had jurisdiction over the parties and subject matter;
-The defendant was given reasonable notice and opportunity to be heard.

Front 41

What is the Central Registry of Protection Orders CRS 18-6-803.7

Back 41

-A computerized central registry of protection orders is created in the Colorado Bureau of Investigation, which shall be accessible to any state law enforcement agency or to any local law enforcement agency having a terminal, which communicates with the Bureau. The central registry computers shall communicate with computers operated by the State Judicial Department

Front 42

Define “At-Risk Adult”

Back 42

Means any person who is 70 years or older or any person who is 18 or older with a disability

Front 43

Define “At-Risk Juvenile”

Back 43

Means any person who is under 18 and is a person with a disability

Front 44

Define “At-Risk Elder”

Back 44

Means any person who is 70 years of age or older

Front 45

Define “Undue influence”

Back 45

Means the use of influence by someone who exercises authority over an at-risk elder in order to take unfair advantage of the at-risk elder's vulnerable state of mind, neediness, pain, or agony

Front 46

Define “Person with a Disability”

Back 46

Means any person who:
1. Impaired because of the loss of use of a hand, foot or because of blindness or permanent impairment of vision;
2. Unable to walk, see, hear, or speak;
3. Unable to breathe without mechanical assistance;
4. Developmentally disabled
5. Mentally ill;
6. Mentally impaired;
7. Blind;
8. Receiving care or treatment for a developmental disability.

Front 47

What is the significance of At–Risk Elder Abuse and Exploitation: Mandatory Reports CRS 18-6.5-108

Back 47

-Requires mandatory reporting to law enforcement within 24 hours of elder abuse for certain professionals who observe abuse or exploitation
-Requires law enforcement agency, within 24 hours after receiving a report, to notify the county department and district attorney’s office
-Law enforcement shall complete a criminal investigation when appropriate.

Front 48

Define “Fellatio”

Back 48

Means any act of oral stimulation of the penis.

Front 49

Define “Cunnilingus”

Back 49

Means any act or oral stimulation of the vulva or clitoris

Front 50

Define “Masturbation”

Back 50

Means stimulation of the genital organs by manual or other bodily contact exclusive of sexual intercourse

Front 51

Define “Anal Intercourse”

Back 51

Means contact between human beings of the genital organs of one and the anus of another

Front 52

What are the elements to Prostitution CRS 18-7-201

Back 52

1. Offender knowingly;
2. Performed or offered to perform or agreed to perform;
3. Any act of sexual intercourse, fellatio, cunnilingus, masturbation, anal intercourse;
4. With a person not the offender’s spouse;
5. For money or anything of value

Front 53

What are the elements to Prostitution with knowledge of AIDS Infection CRS 18-1-201.7

Back 53

1. Same as prostitution except
2. And the offender had previously tested positive for human immunodeficiency virus (HIV)

Front 54

What are the elements of Soliciting for Prostitution CRS 18-7-202

Back 54

1. Offender knowingly;
2. Solicited another; or
3. Arranged a meeting of persons; or
4. Offered to arrange a meeting of persons; or
5. Directed another to a place ensuring such direction
6. Was for the purpose of prostitution.

Front 55

Upon conviction of prostitution, the court will order what

Back 55

The court is to order that the defendant submit to a blood test for AIDS. The defendant must pay for the costs of the test. The results are to be reported only to the defendant and the District Attorney

Front 56

What are the element of Pandering CRS 18-7-203

Back 56

1. Offender for money or anything of value;
2. Knowingly;
3. Arranged or offered to arrange a situation;
4. In which a person may practice prostitution

Front 57

What is the difference between pandering and pimping

Back 57

Pandering, as opposed to pimping, requires an offender’s actual involvement in arranging the specific act of prostitution

Front 58

What are the elements to Keeping a Place of Prostitution CRS 18-7-204

Back 58

1. Offender exercised control over the use of any place;
2. Which offered seclusion or shelter for the practice of prostitution; and
3. Knowingly, granted or permitted the use of such place;
4. For the purposes of prostitution.

Front 59

What are the elements for Patronizing a Prostitute CRS 18-7-205

Back 59

a. Offender;
b. Engaged in an act of sexual intercourse or deviate sexual conduct;
c. With a prostitute;
d. Who was not the offender’s spouse

Front 60

What are the elements of Engaging in sex act with knowledge of AIDS infection
CRS 18-7-205.7

Back 60

a. Same elements as patronizing a prostitute except;
b. Offender had previously tested positive for HIV.

Front 61

What are the elements to Entering or remaining in place of prostitution

Back 61

a. Offender;
b. Entered or remained in a place of prostitution;
c. With the intent to engage in an act of sexual intercourse or deviate sexual conduct;
d. With a person not the offender’s spouse.

Front 62

What are the elements of Pimping CRS 18-7-206

Back 62

1. Offender knowingly;
2. Lived on or was supported or maintained in whole or in part by money or anything of value;
3. Earned, received, procured or realized by any other person;
4. Through prostitution.

Front 63

A note on pimping

Back 63

Pimping does not require that the offender actively engage in arranging the specific act of prostitution

Front 64

What are the elements to Prostitute Making Display CRS 18-7-207

Back 64

1. Offender;
2. Endeavored by word or gesture or action to further the act of prostitution;
3. In any public place or within the public view.
-Public place means a place to which the public or a substantial number of the public had access, and includes but is not limited to, Highways, Transportation facilities, Schools, Places of amusement, Parks, Playgrounds, Common areas of public and private buildings and facilities

Front 65

What are the elements of Public Indecency CRS 18-7-301

Back 65

1. Offender;
2. Performed an act of sexual intercourse; or
3. Lewd exposure of the body (not including the genitals); or
4. Lewd fondling or caress of the body of another person; or
5. A knowing exposure of the person’s genitals to the view of a person under circumstances in which conduct is likely to cause affront or alarm to other person; and In a public place where the conduct may have been reasonably have been expected to be viewed by members of the public

Front 66

What are the elements of Indecent Exposure CRS 18-7-302

Back 66

1. Offender, knowingly;
2. Exposed his/her genitals;
3. To the view of any person;
4. Under circumstances in which such conduct is likely to cause affront or alarm to the other person.

Front 67

What are the elements of Child Prostitution CRS 18-7-401

Back 67

a. Offender, knowingly;
b. Solicited another, or arranged a meeting of persons or offered to arrange a meeting of persons, or directed another to a place knowing such place was for;
c. The purpose of prostitution of a child or by a child.

Front 68

Define “Child” as related to prostitution

Back 68

Means a person under the age of 18

Front 69

Note on definitions for child prostitution

Back 69

“Anal intercourse, cunnilingus, fellatio, masturbation are the same as adult definitions

Front 70

Define “Prostitution by a child”

Back 70

Means a child performing or offering or agreeing to perform any act described above, with any person not the child’s spouse in exchange for money or other thing of value or any person performing or offering or agreeing to perform any of the acts above with any child not the person’s spouse in exchange for money or other thing of value.

Front 71

Define “Prostitution of a child”

Back 71

Means inducing a child to perform or offer or agree to perform any of the acts above by coercion or by threat or intimidation

Front 72

Pandering of a Child, Procurement of a Child, Keeping a Place of Child Prostitution, Pimping a Child, Inducement of Child Prostitution, Patronizing a Child Prostitute, Elements

Back 72

All of the above have the same elements as the equivalent adult crimes.

Front 73

What are the elements to Dispensing Violent Films to Minors CRS 18-7-601

Back 73

1. Offender, sold or rented or furnished;
2. To a minor;
3. A video tape, video disc, film representation, or other form of motion picture, and
4. The average person, applying contemporary community standards, would find that the work, taken as a whole, predominantly appeals to the interest of violence; and
5. The work depicts or describes in a patently offensive way, repeated acts of actual, not simulated violence resulting in serious bodily injury or death; and
6. The work, taken as a whole, lacks serious literary, artistic, political, or scientific value.
“Minor” means any person under the age of 18

Front 74

What are the elements of Sexual Conduct in Penal Institutions CRS 18-7-701

Back 74

1. Offender, was an employee of a correctional facility or jail;
2. Who engaged in sexual conduct;
3. With a person who was in lawful custody and confinement in a correctional facility operated by or under contract with the DOC or in a county or municipal jail.

Front 75

What are the elements of Criminal Invasion of Privacy CRS 18-7-801

Back 75

1. A person knowingly
2. Observes or takes a photograph
3. Of another’s intimate parts,
4. Without consent
5. In a situation where person observed or photographed had a reasonable expectation of privacy