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118 Cards in this Set

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Crimes Against Persons


1. Homicide
2. Assault
3. Kidnapping
4. Unlawful sexual behavior
5. Felony menacing


Homicide and Related Offenses

1. 1st degree murder
2. 2nd degree murder
3. Manslaughter
4. Criminally negligent homicide
5. Vehicular homicide

1st Degree Murder: CRS 18-3-102 -Class 1 Felony

• Intentionally causes the death of another person.
• After deliberation.
• Means committed after reflection and thought.
• NOT upon impulse

Take your victim as you find them

Victims suffering from infirmities that die as a result of the accused’s conduct can give rise to a 1st degree murder charge

Independent Intervening Cause

To warrant a homicide charge, the death must be the natural and probable consequence of an unlawful act in which the offender participates

Felony Murder Rule: CRS 18-3-102(1)(b) -Class 1 Felony

• Offender while committing or attempting to commit
• Arson, robbery, burglary, kidnapping, sexual assault or crime of escape
Anyone caused
• The death of another person, other than one of the participants

Felony Murder Statutory defense: show all of the following

o not the only participant in crime;
o did not solicit, command or encourage, cause or aid in the commission of the act;
o not armed with a deadly weapon;
o did not have reason to believe another
o participant was armed with a deadly weapon, instrument, article or substance.

Perjury: CRS 18-3-102(1)(c) - Class 1 Felony

• Offender caused conviction and execution of
• An innocent person
• Because offender perjured himself or suborned (got another to commit perjury)

Extreme Indifference To Value Of Human Life
CRS 18-3-102 (1)(d) - Class 1 Felony

Offender under circumstances evidencing an attitude of universal malice
• Knowingly
• Engaged in conduct which created a grave risk of death to persons other than himself

Death Caused By Drugs Sold to Minors Upon/Near School Grounds CRS 18-3-102 (1)(e) - Class 1 Felony

• Offender, knowingly
• Distributed/dispensed/sold
• A controlled substance
• To a person under 18
• Upon or within 1000 feet of public or private elementary/vocational/junior high/high school
• And the death of such person was caused by the use of the controlled substance

Death of A Child under 12 By One in A Position of Trust CRS 18-3-102(1)(f) - Class 1 Felony

• Offender, knowingly
• Caused death of a person under 12 and,
• Offender was one in a position of trust

Position of trust Definition

Any person who is a parent or acting in the place of a parent and charged with parent rights and duties; responsible for general supervision of a child’s welfare; responsible for health, education, or supervision of a child, including foster care, child care, or institutional care

First Degree Murder of A Peace Officer/ Firefighter
CRS 18-3-107 - Class 1 Felony

• Offender committed 1st degree murder in any of the above ways; Of a peace officer or firefighter;
• Who was engaged or acting in performance of any duty, AND
• Peace officer/firefighter was in uniform; OR
• Person committing the assault knew or reasonably should have known victim was a peace officer/firefighter.

2nd Degree Murder: CRS 18-3-103 - Class 2 Felony

• Offender, knowingly (other than heat of passion);
• Caused the death of another.

Heat of Passion

• Offender, knowingly Caused death of another
• Where act of death was performed under a sudden heat of passion and was,
• Caused by a highly provoking act of the intended victim
• And there was no time sufficient for the voice of reason and humanity to be heard.

What degree is heat of passion homicide

• Heat of passion defense reduces the 2nd degree murder charge from class 2 felony to class 3 felony

• Voluntary intoxication is not a defense to

• 2nd degree murder since it is a “general intent” (knowingly) crime.

Manslaughter CRS 18-3-104 - Class 4 Felony

• Offender, recklessly (consciously disregarding a substantial risk; an unintentional act)
• Caused the death of another or; helped commit suicide

Suicide: CRS 18-3-104(1)(b)

• Offender, intentionally
• Caused or aided
• Another person to commit suicide
• “Medical directives” do not apply to the suicide provision

Criminally Negligent Homicide CRS 18-3-105 - Class 5 Felony

• Offender,
• Killed another person,
• By conduct amounting to criminal negligence (failure to perceive a risk),
• Gross deviation from the reasonable care standard,
• Most common defense to this charge is “accidental killing”

Vehicular Homicide CRS 18-3-106

• Offender
• Operated a motor vehicle
• In a reckless manner (Class 4 felony) or
• While under the influence (Class 3 felony) of alcohol/drugs/or both
• Such conduct was the proximate cause Of the death of another person

Proximate cause defined

“But for” the conduct of the offender, the death would not have occurred (the “But For” Rule)

A level of .08 BAC creates a presumption that
the person was under the influence.
• Officer may request the driver take a chemical test (blood, breath for alcohol and urine for drugs).
• Officer chooses the type of test (vehicular assault/vehicular homicide).
• May get samples of blood/urine/saliva from medical providers.

Assaults and Related Offenses

1. 1st degree assault
2. 2nd degree assault
3. 3rd degree assault
4. Vehicular assault
5. Criminal menacing
6. Criminal extortion

Differences between degrees of assault is that the more serious the penalty the more likely the officer must show the offender

• Intended to cause serious injury OR/AND
• Used a weapon OR/AND
• Was engaged in a different serious crime

Assault in the 1st Degree CRS 18-3-202 - Class 3 Felony

• Offender, with intent
• To cause serious bodily injury
• Caused serious bodily injury
• With a deadly weapon
OR CRS 18-3-202(1)(a) Disfigurement

OR CRS 18-3-202(1)(a) Disfigurement

• Offender, with intent;
• To disfigure a person seriously and permanently (to destroy amputate or disable permanently a member or organ of his body);
• Caused that injury to the victim.
OR CRS 18-3-202(1)(c) Extreme Indifference

OR CRS 18-3-202(1)(c) Extreme Indifference

• Offender, knowingly;
• Engaged in conduct which created grave risk of death to another;
• Under circumstances manifesting extreme indifference to value of life;
• Caused serious bodily injury to another.
OR CRS 18-3-202(1)(e) Assault Against Peace Officer/Firefighter

OR CRS 18-3-202(1)(e) Assault Against Peace Officer/Firefighter

• Offender, with intent to cause serious bodily injury;
• To a peace officer or firefighter;
• Threatened a peace officer or firefighter with a deadly weapon;
• While victim engaged in performing duties;
• Offender knew or reasonably should have known victim was a peace officer or firefighter.
OR CRS 18-3-202(1)(f) In Custody

OR CRS 18-3-202(1)(f) In Custody

• Offender, while lawfully confined or in custody;
• As a result of being charged with/convicted of/or being charged/adjudicated as a delinquent child;
• Intended to cause serious bodily injury to a person employed with a detention facility
• Threatened with a deadly weapon

CRS 18-3-202(2)(a) Heat of Passion Defense for 1st Degree Assault:
Class 5 felony

• Victim, seriously provoked the offender;
• Accused caused serious bodily injury to victim;
• While in a “sudden heat of passion”;
• And without an interval between the provocation and the injury sufficient for the voice of reason to be heard

A suspect cannot claim self-defense unless officer
is using unreasonable force

Performance of duties means
on or off duty in or out of jurisdiction

Serious bodily injury

Substantial risk of death
Permanent disfigurement
Loss of blood (severe)
Breaks or fractures of bones
Burns (2nd or 3rd degree)
Impairment of any part or organ of the body

Doctrine of Transferred Intent

The assault was directed at party A but party B was the victim

A suspect is not justified in using physical force even if the stop or arrest is
unconstitutional.

Assault in the 2nd Degree CRS 18-3-203(1)(b):

• Offender, with intent;
• To cause bodily injury to another;
• Caused such injury to another;
• By means of a deadly weapon.
OR CRS 18-3-203(1)(c) Peace Officers

OR CRS 18-3-203(1)(c) Peace Officers

• Offender, with intent;
• To prevent one he knew or reasonably should have known to be a peace officer/firefighter performing a lawful duty;
• Intentionally caused bodily injury to such person.
OR CRS 18-3-203(1)(d)

OR CRS 18-3-203(1)(d)

• Offender, recklessly;
• Caused serious bodily injury;
• To another person;
• By means of a deadly weapon.
OR CRS 18-3-203(1)(e) Drug Inducement

OR CRS 18-3-203(1)(e) Drug Inducement

• Offender, for purposes other than lawful medical or therapeutic treatment;
• Intentionally caused stupor, unconsciousness, or other physical impairment or injury to another;
• By administering to victim a drug, substance, or preparation capable of producing the intended harm;
• Without victims consent. OR CRS 18-3-203(1)(f): Custody or Confinement – Peace Officer/Firefighter/Judge/Officer of Court OR CRS 18-3-203(1)(f) Confined in Detention Facility Employees

OR CRS 18-3-203(2)(b.5) Felony Assault Rule

• Offender, participated in Commission of/attempt to commit/flight therefrom:
Burglary
Robbery
Attempted sexual assault
Kidnapping 1st degree
Escape 1st degree
Sexual assault
Class 3 felony sexual assault on child
Murder
And any person caused serious bodily injury to another person other than participant

• Any attempt to commit an assault with a deadly weapon is a
2nd degree assault

• 2nd degree assault may be charged when a suspect assaults an officer after
an arrest

• Resisting arrest
is prior to and during the arrest

2ND DEGREE ASSAULT IS A CLASS
4 FELONY. CLASS 3 FELONY FOR FELONY ASSAULT. CLASS 6 FELONY IF HEAT OF PASSION ELEMENT FITS.

Assault in the 3rd Degree: CRS 18-3-204 - Class 1 Misdemeanor

• Offender knowing or recklessly;
• Caused bodily injury to another
OR Negligently with a deadly weapon
• Offender, with criminal negligence;
• Caused bodily injury to another;
• By means of a deadly weapon

• An initial aggressor is not entitled to claim self-defense unless
he effectively communicates intent to withdraw and the other person continues to threaten the use of physical force.

Vehicular Assault CRS 18-3-205
Recklessness - Class 5 Felony

• Offender, operated or drove a motor vehicle;
• In a reckless manner;
• Proximately causing serious bodily injury to another

Vehicular Assault Under the Influence - Class 4 Felony

• Offender operated or drove a motor vehicle;
• While DUI or DUID or combination of alcohol and drugs;
• Proximately causing serious bodily injury to another

Miranda rights only apply when
in custody and under interrogation

Any arrest must be based on
probable cause

DUI charge is separate and distinct charge from
vehicular homicide.

• If an officer can show that the suspect intended to injure the victim with the vehicle, the charge should be
2nd degree assault

Menacing CRS 18-3-206:

• Offender, knowingly placed or attempted to place another;
• In fear of imminent serious bodily injury;
• By threat or physical action (Class 3 Misdemeanor) or;
• By use of a deadly weapon (Class 5 Felony) or;
• Any article used or fashioned in an manner to cause a reasonable person to believe the article is a deadly weapon; or
• Offender represents verbally or otherwise he is armed with a deadly weapon.

Felony menacing vs. misdemeanor menacing
= whether the offender uses a deadly weapon; fashioned/verbally advises/acts otherwise.

A gun, which is unloaded, is a
deadly weapon

Victim of felony menacing does not need to be aware of a deadly weapon so long as
one is actually used.

Focus of menacing is
the offender’s intent to cause fear of serious bodily injury. Actual subjective fear of the victim in not required

Criminal Extortion CRS 18-3-207 - Class 4 Felony

Involves the use of threats to force another to do something
• Offender, without legal authority;
• With intent to induce the threatened person or another;
• Against their will, to do an act or refrain from doing a lawful act;
• Made a substantial threat to: Confine or restrain - Cause economic hardship - Cause bodily injury, Damage to property - Damage to reputation etc.

Aggravated Extortion CRS 18-3-207(2) - Class 3 Felony

• Same as criminal extortion BUT
The offender threatened to cause the result by means of chemical or biological agents, weapons or poison or harmful radioactive agents.

Substantial threat means
a threat that is reasonably likely to induce a belief that the threat will be carried out

Reckless Endangerment CRS 18-3-208 - Class 3 Misdemeanor

• Offender recklessly engaged in conduct;
• Which created a substantial risk of serious bodily injury;
• To another person.

Kidnapping is

The taking of a person from one place to another

Seriousness of kidnapping depends mainly upon the reason for the kidnapping and if the victim was injured.
1st Degree Kidnapping CRS 18-3-301

(substantial movement)
• Offender, forcibly seized and carried;
• A person from one place to another;
• With intent to get something of value or a concession (includes submission) from the victim of others;
• In return for release of victim.

1ST DEGREE KIDNAPPING IS what class felony
CLASS 2 FELONY. A CLASS 1 FELONY IF THE VICTIM IS NOT RELEASED OR VICTIM SUFFERED BODILY INJURY

2nd Degree Kidnapping CRS 18-3-302

(incidental movement)
• Offender; Knowingly seized and carried the victim;
• Without consent or lawful justification.
OR Child Kidnapping CRS 18-3-302(2)

OR Child Kidnapping CRS 18-3-302(2)

• Offender, took, enticed, or decoyed away;
• A child not his own under 18 years of age;
• Away from parents, or guardian;
• With intent to conceal or sell/trade/barter such child for consideration.

Intoxication is not a defense to second degree kidnapping because
the mental element to be proved is knowingly

2ND DEGREE KIDNAPPING IS WHAT CLASS FELONY
CLASS 3 FELONY IF VICTIM IS ROBBED OR SEXUALLY ASSAULTED. CLASS 3 FELONY IF INTENT WAS TO SELL, BARTER, TRADE AND WAS DONE WITH A DEADLY WEAPON, FASHIONED IN A MANNER, VERBALLY OR OTHERWISE REPRESENTED BY OFFENDER. CLASS 4 FELONY IN ALL OTHER CASES.

False Imprisonment CRS 18-3-303

Class 2 Misdemeanor:
• Offender, knowingly;
• Confined or detained another;
• Without legal authority or consent.

False imprisonment is a Class 5 felony if

• Use force or threat of force to confine or detain; and
• Confines or detains person for 12 hours or long

The main difference between 2nd degree kidnapping and false imprisonment is
that 2nd degree kidnapping there must be movement of the victim.

Violation of Custody CRS 18-3-304(1) - Class 5 felony

• Offender, knowingly;
• Took or enticed a child under 18;
• Away from custody of parent or guardian;
• Knowing offender had no privilege to do so

Violation of Custody Order CRS 18-3-304(2)

• Offender, violated any order of any Colorado district of juvenile court;
• Which granted custody of a child under the age of 18 to any person, agency, or institution;
• With intent to deprive the lawful custodian of the child.

• Defenses for violation of Custody
Necessary to preserve child’s welfare

Enticement of a Child CRS 18-3-305

• Offender, invited/persuaded/attempted to invite or persuade;
• Child under the age of 15;
• To enter any vehicle/building/room/secluded place;
With intent to commit sexual assault or unlawful sexual contact upon the child
Note: Child need not be aware of enticement

ENTICEMENT OF A CHILD IS WHAT CLASS FELONY
CLASS 4 FELONY. CLASS 3 FELONY IF THERE IS A PREVIOUS CONVICTION

Unlawful sexual behavior based upon

• Penetration (by using mouth-tongue-penis)
• Intrusion (any other method than those listed above)
• Touching (contact)

Seriousness of an unlawful sexual behavior crime depends upon

• How offender subdued the victim.
• Whether victim was injured.
• Whether suspect used a deadly weapon.
• Whether victim was underage.
• Whether there was penetration, intrusion or contact

Intimate parts means

External genitalia Pubes
Perineum Breast of any person
Anus
Buttocks

Physical helplessness

Unconscious, asleep, or otherwise unable to indicate a willingness to act

Position of trust

Parent, guardian, or any person charged with duty or responsibility for the health education, welfare, and supervision of child

Sexual contact

Touching of the victim’s intimate parts by the actor, or of the actor’s intimate parts by the victim; includes the above through the clothing. The touching was done for purposes of arousal, gratification or abuse

Sexual intrusion

Any intrusion by any object or any parts of a person’s body except the mouth, tongue, or penis into the genital or anal opening of another’s body, for purposes of arousal, gratification or abuse

Sexual penetration

Is sexual intercourse, cunnilingus, fellatio, analingus, or anal intercourse

Statute of limitations for most felony sex offenses is
10 years

There is no statute of limitations for felony “unlawful sexual offenses” against
children less than 15 years old (unless noted) which occurred on or after 07/01/96

The statute of limitations for misdemeanor unlawful sexual offense against a child
is 5 years for any

Sex offenders have a duty to register with
local police

There is mandatory genetic testing for sex offenders for
future identification purposes

Sexual Assault CRS 18-3-402

• Offender, knowingly inflicted;
• Sexual penetration or intrusion;
• Without the victim’s consent;
• In one of the following ways

Force CRS 18-3-402(4)(a) Class 3 Felony

• Knowingly, used force or physical violence;
• To cause victim’s submission

Threats of Death/Injury/Pain/Kidnap
CRS 18-3-402(4)(b) Class 3 Felony

• Offender, knowingly;
• Threatened victim with imminent death, serious bodily, extreme pain or kidnapping;
• Upon the victim or another;
• In order to cause the victim’s submission;
• Victim believed the offender had the present ability to carry out threat

Threat of Future Retaliation CRS 18-3-402(4)(c):
Class 3 Felony

• Offender, knowingly threatened to retaliate in the future;
• Against victim or another;
• In order to cause victim’s submission;
• Victim believed offender had present ability to carry out threat

Drugging the Victim CRS 18-3-402(1)(d)
Class 3 Felony

• Offender, knowingly;
• Gave the victim;
• A drug or intoxicant;
• And substantially impaired the victim’s power to appraise and control his conduct;
• In order to cause victim’s submission;
• Without victims consent

Physical Helplessness CRS 18-3-402(1)(e)
Class 3 Felony

• Offender, knew the victim was helpless; and victim did not consent

Incapacity CRS 18-3-402(1)(b) Class 4 Felony

• Offender knew;
• That the victim could not appraise the nature;
• Of the victim’s conduct

Unlawful sexual behavior Age of the Offender and the Victim
CRS 18-3-402(1)(d) Class 4 Felony

• Victim was less than 15 years old;
• Offender was at least 4 years older than the victim
• Offender is not the spouse of the victim

Sexual assault during Treatment or Examination CRS 18-3-402(1)(g) Class 4 Felony

• Offender, knowingly;
• Examined or treated victim;
• In a manner substantially inconsistent with reasonable medical practice;
• For other than bona fide medical purposes

SEXUAL ASSAULT IS WHAT CLASS FELONY
CLASS 2 FELONY IF OFFENDER IS AIDED OR ABETTED BY ONE OR MORE PERSONS; THE VICTIM SUFFERS SERIOUS BODILY INJURY; OR IF OFFENDER USED A DEADLY WEAPON (FASHIONED/VERBALLY ADVISED OR OTHERWISE) TO CAUSE SUBMISSION

Unlawful Sexual Contact CRS 18-3-404

Offender knowingly sexually contacted (touched) victim under one of the following circumstances
Nonconsensual
Incapacity
Helplessness
Drugging

Observations involving Children with Others CRS 18-3-404(1.5)

• Offender, knowingly;
• Induced or coerced a person under 18;
• By any means set forth in sexual assault;
• To expose intimate parts/engage in sexual contact, intrusion, penetration;
• With a third person;
• For purposes of offender’s sexual gratification

• Sexual contact is the touching of the intimate parts of the victim by the offender or
vice versa.
NOTE: Can touch through the clothing and commit the crime


PENALTY FOR UNLAWFUL SEXUAL CONTACT IS WHAT
CLASS 1 MISDEMEANOR; CLASS 4 FELONY IF VICTIM SUBMITS DUE TO FORCE, THREATS, OR INTIMIDATION; IF OFFENDER ENGAGED IN SEXUAL CONTACT DURING MEDICAL TREATMENT OR EXAMINATION; IF OFFENDER ENGAGED IN OBSERVATIONS OF A CHILD WITH ANOTHER

Sexual Assault on a Child CRS 18-3-405

• Crimes involve the touching of the intimate parts of a child.
• Offender, knowingly;
• Subjected to sexual contact;
• A child less than 15 years old;
• Who was not the offender’s spouse;
• Offender was at least 4 years older than child

Sexual Assault on a Child by one in a Position of Trust
CRS 18-3-405.3

• Offender, was one in a position of trust and knowingly;
• Subjected to sexual contact;
• A child less than 18;
• Who was not the offender’s spouse

Sex assault on a child Affirmative defense is if
the child was at least 15 years old and the offender reasonably believed the child to be 18 or older

Sex assault No defense (strict liability) if
the child is under 15

SEXUAL ASSAULT ON A CHILD IS What Class Felony
CLASS 4 FELONY. CLASS 3 FELONY IF OFFENDER KIDNAPS OR APPLIES FORCE, INJURY, PAIN OR THREATS TO THE VICTIM

Internet Sexual Exploitation of a Child CRS 18-3-405.4 (07/01/12)

• Offender knowingly importunes, invites, or entices
• Through a communication network or system A person whom the actor knows or believes to be under 15 years old and at least 4 years younger than the actor.
Expose or touch the persons; own or another person’s intimate parts while communicating with actor via computer network or system, telephone network, or data network or by text message or instant message; or
Observe the actor’s intimate parts via any of the above systems

INTERNET EXPLOITATION OF A CHILD IS WHAT CLASS FELONY
A CLASS 4 FELONY

Sexual Assault on a Client by a Psychotherapist CRS 18-3-405.5

Aggravated Sexual Assault on a Client- Class 4 felony:
• Offender, knowingly;
• Inflicted sexual penetration or intrusion;
• Can occur by therapeutic deception.
• Offender was a psychotherapist

Sexual Assault on a Client is Class 1 Misdemeanor

• Offender, knowingly;
• Inflicted sexual contact on the victim.
• Can occur by therapeutic deception.
• Offender is a psychotherapist

Sexual Assault on a Client with consent

Consent of client is not a defense

Invasion of Privacy for Sexual Gratification CRS 18-3-405.6:

• Offender knowingly;
• Observes or takes photographs;
• Of a person’s intimate parts;
• Without consent where person had a reasonable expectation of privacy
• For purposes of observer’s sexual gratification

Sexual gratification is what class felony
class 6 felony and is an extraordinary risk crime subject to modified sentencing range specified in 18-1.3-401 (10)

Stalking CRS 18-3-602

Offender directly or indirectly through another person, knowingly,
Made a credible threat to another person, and in connection with that threat: Repeatedly follows, approaches, contacts, or places under surveillance that person or a member of that person’s immediate family; or someone with whom that person has or has had a continuing relationship or Made a credible to another person and in connection with that threat Repeatedly made any form of communication with that person or a member of that person’s immediate family or someone with whom that person has or has had a continuing relationship; (even if no conversation ensued)
STALKING IS WHAT CLASS FELONY
CLASS 5 FELONY FOR FIRST OFFENSE; OR IS A CLASS 4 FELONY FOR A SECOND OR SUBSEQUENT OFFENSE, IF THE OFFENSE OCCURS WITHIN SEVEN YEARS AFTER THE DATE OF THE FIRST OFFENSE FOR WHICH PERSON WAS CONVICTED

STALKING IS AN EXTRAORDINARY RISK CRIME SUBJECT TO
MODIFIED PRESUMPTIVE SENTENCING