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23 Cards in this Set
- Front
- Back
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Which charge goes with the statute:
5-39-201 |
Residential burglary-Commercial burglary A person commits residential burglary if he or she enters or remains unlawfully in a residential occupiable structure of another person with the purpose of committing any offence punishable by imprisonment. Class B Felony Commercial burglary A person commits comercial burglary if he or she enters or remains unlawfully in a commercial occupiable structure of another person with the purpose of committing any offense punishable by imprisonment. Class C Felony |
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Which charge goes with statute: 5-36-103 |
Theft of property (a) A person commits theft of property if he or she knowingly: (1) Takes or exercises unauthorized control over or makes an unauthorized transfer of an interest in the property of another person with the purpose of depriving the owner of the property; or (2) Obtains the property of another person by deception or by threat with the purpose of depriving the owner of the property.(b) Theft of property is a: (1) Class B felony if: (A) The value of the property is twenty-five thousand dollars ($25,000) or more; (B) The property is obtained by the threat of serious physical injury to any person or destruction of the occupiable structure of another person; (C) The property is obtained by threat and the actor stands in a confidential or fiduciary relationship to the person threatened; (2) Class C felony if: (A) The value of the property is less than twenty-five thousand dollars ($25,000) but more than five thousand dollars ($5,000); (B) The property is obtained by threat; (C) The property is a firearm valued at two thousand five hundred dollars ($2,500) or more; (D) (i) The property is building material obtained from a permitted construction site and the value of the building material is five hundred dollars ($500) or more. Class D felony if: (A) The value of the property is five thousand dollars ($5,000) or less but more than one thousand dollars ($1,000); (B) The property is a firearm valued at less than two thousand five hundred dollars ($2,500); (C) The property is a: (i) Credit card or credit card account number; or (ii) Debit card or debit card account number; (D) The value of the property is at least one hundred dollars ($100) or more but less than five hundred dollars ($500) Class A misdemeanor if: (A) The value of the property is one thousand dollars ($1,000) or less |
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Which charge goes with the statute:
5-26-303 |
Domestic Battering 1st degree: (a) A person commits domestic battering in the first degree if: (1) With the purpose of causing serious physical injury to a family or household member, the person causes serious physical injury to a family or household member by means of a deadly weapon; (2) With the purpose of seriously and permanently disfiguring a family or household member or of destroying, amputating, or permanently disabling a member or organ of a family or household member's body, the person causes such an injury to a family or household member; (3) The person causes serious physical injury to a family or household member under circumstances manifesting extreme indifference to the value of human life Domestic battering in the first degree is a Class B felony. (2) However, domestic battering in the first degree is a Class A felony upon a conviction under subsection (a) of this section if: (A) Committed against a woman the person knew or should have known was pregnant; or (B) The person committed one (1) or more of the following offenses within five (5) years of the offense of domestic battering in the first degree: |
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Which charge goes with statute: 5-26-304 |
Domestic Battering 2nd degree:
(a) A person commits domestic battering in the second degree if: (1) With the purpose of causing physical injury to a family or household member, the person causes serious physical injury to a family or household member; (2) With the purpose of causing physical injury to a family or household member, the person causes physical injury to a family or household member by means of a deadly weapon; (3) The person recklessly causes serious physical injury to a family or household member by means of a deadly weapon Domestic battering in the second degree is a Class C felony. (2) However, domestic battering in the second degree is a Class B felony if: (A) Committed against a woman the person knew or should have known was pregnant; (B) The person committed one (1) or more of the following offenses within five (5) years of the offense of domestic battering in the second degree: |
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Which charge goes with statute:
5-26-305 |
Domestic Battering 3rd degree: (a) A person commits domestic battering in the third degree if: (1) With the purpose of causing physical injury to a family or household member, the person causes physical injury to a family or household member; (2) The person recklessly causes physical injury to a family or household member; (3) The person negligently causes physical injury to a family or household member by means of a deadly weapon; or (4) The person purposely causes stupor, unconsciousness, or physical or mental impairment or injury to a family or household member by administering to the family or household member, without the family or household member's consent, any drug or other substance.(b) (1) Domestic battering in the third degree is a Class A misdemeanor. (2) However, domestic battering in the third degree is a Class D felony if: (A) Committed against a woman the person knew or should have known was pregnant; (B) The person committed one (1) or more of the following offenses within five (5) years of the offense of domestic battering in the third degree: |
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Which charge goes with statute: 5-37-201 |
A person forges a written instrument if, with purpose to defraud, the person makes, completes, alters, counterfeits, possesses, or utters any written instrument that purports to be or is calculated to become or to represent if completed the act of. A person commits forgery in the first degree if he or she forges a written instrument that is: Money, a security, a postage or revenue stamp, or other instrument issued by a government; or (2) A stock, bond, or similar instrument representing an interest in property or a claim against a corporation or its property. A person commits forgery in the second degree if he or she forges a written instrument that is: A deed, will, codicil, contract, assignment, check, commercial instrument, credit card, or other written instrument that does or may evidence, create, transfer, terminate, or otherwise affect a legal right, interest, obligation, or status. Forgery in the first degree is a Class B felony. Forgery in the second degree is a Class C felony.
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Which charge goes with statute: 5-39-202 |
(a) A person commits the offense of breaking or entering if for the purpose of committing a theft or felony he or she breaks or enters into any: (1) Building, structure, or vehicle; (2) Vault, safe, cash register, safety deposit box, or money depository; (3) Money vending machine, coin-operated amusement machine, vending machine, or product dispenser; (4) Coin telephone or coin box; (5) Fare box on a bus; or (6) Other similar container, apparatus, or equipment. Breaking or entering is a Class D felony.
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Capitol Murder - 5-10-101 |
(a) A person commits capital murder if: (1) Acting alone or with one (1) or more other persons: (A) The person commits or attempts to commit: Terrorism, Rape, Kidnapping, Vehicular piracy, Robbery, Aggravated robbery, Residential burglary, Commercial burglary, Aggravated residential burglary, A felony violation of the Uniform Controlled Substances Act, involving an actual delivery of a controlled substance; or First degree escape
Class Y Felony |
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1st degree Murder - 5-10-102 |
(a) A person commits murder in the first degree if: (1) Acting alone or with one (1) or more other persons: (A) The person commits or attempts to commit a felony; and (B) In the course of and in the furtherance of the felony or in immediate flight from the felony, the person or an accomplice causes the death of any person under circumstances manifesting extreme indifference to the value of human life; (2) With a purpose of causing the death of another person, the person causes the death of another person; or (3) The person knowingly causes the death of a person fourteen (14) years of age or younger at the time the murder was committed
Murder in the first degree is a Class Y felony. |
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2nd degree Murder - 5-10-103 |
(a) A person commits murder in the second degree if: The person knowingly causes the death of another person under circumstances manifesting extreme indifference to the value of human life; or With the purpose of causing serious physical injury to another person, the person causes the death of any person. Murder in the second degree is a Class A felony.
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Manslaughter - 5-10-104 |
The person causes the death of another person under circumstances that would be murder, except that he or she causes the death under the influence of extreme emotional disturbance for which there is reasonable excuse. The reasonableness of the excuse is determined from the viewpoint of a person in the actor's situation under the circumstances as the actor believed them to be; The person purposely causes or aids another person to commit suicide; The person recklessly causes the death of another person
Manslaughter is a Class C felony. |
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Negligent Homicide - 5-10-105 |
A person commits negligent homicide if he or she negligently causes the death of another person, not constituting murder or manslaughter, as a result of operating a vehicle, an aircraft, or a watercraft: While intoxicated; If at that time there is an alcohol concentration of eight hundredths (0.08) or more in the person's breath or blood based upon the definition of alcohol concentration in § 5-65-204, as determined by a chemical test of the person's blood, urine, breath, saliva, or other bodily substance. The method of the chemical test of the person's blood, urine, saliva, breath, or other bodily substance, while passing a stopped school bus While fatigued. A person who violates subdivision of this section upon conviction is guilty of a Class B felony. A person commits negligent homicide if he or she negligently causes the death of another person. A person who violates subdivision of this section upon conviction is guilty of a Class A misdemeanor.
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Robbery - 5-12-102 |
A person commits robbery if, with the purpose of committing a felony or misdemeanor theft or resisting apprehension immediately after committing a felony or misdemeanor theft, the person employs or threatens to immediately employ physical force upon another person. Robbery is a Class B felony.
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Aggravated Robbery - 5-12-103 |
A person commits aggravated robbery if he or she commits robbery as defined in § 5-12-102, and the person: Is armed with a deadly weapon; Represents by word or conduct that he or she is armed with a deadly weapon; or Inflicts or attempts to inflict death or serious physical injury upon another person. Aggravated robbery is a Class Y felony.
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Rape - 5-14-103 |
A person commits rape if he or she engages in sexual intercourse or deviate sexual activity with another person: By forcible compulsion; Who is incapable of consent because he or she is: Physically helpless; Mentally defective; or Mentally incapacitated; Who is less than fourteen (14) years of age.
Class Y felony |
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Aggravated Assault - 5-13-204 |
A person commits aggravated assault if, under circumstances manifesting extreme indifference to the value of human life, he or she purposely: Engages in conduct that creates a substantial danger of death or serious physical injury to another person; Displays a firearm in such a manner that creates a substantial danger of death or serious physical injury to another person; or Impedes or prevents the respiration of another person or the circulation of another person's blood by applying pressure on the throat or neck or by blocking the nose or mouth of the other person. Aggravated assault is a Class D felony.
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1st degree assault - 5-13-205 |
A person commits assault in the first degree if he or she: (1) Recklessly engages in conduct that creates a substantial risk of death or serious physical injury to another person; or (2) Purposely impedes or prevents the respiration of another person or the circulation of another person's blood by applying pressure on the throat or neck or by blocking the nose or mouth of the other person.(b) Assault in the first degree is a Class A misdemeanor.
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2nd degree assault - 5-13-205 |
A person commits assault in the second degree if he or she recklessly engages in conduct that creates a substantial risk of physical injury to another person. Assault in the second degree is a Class B misdemeanor.
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3rd degree assault - 5-13-205 |
A person commits assault in the third degree if he or she purposely creates apprehension of imminent physical injury in another person. Assault in the third degree is a Class C misdemeanor.
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1st degree Sexual Assault - 5-14-124 |
A person commits sexual assault in the first degree if: The person engages in sexual intercourse or deviate sexual activity with a minor who is not the actor's spouse and the actor is: Employed with the Department of Correction, the Department of Community Correction, the Department of Human Services, or any city or county jail or a juvenile detention facility, and the victim is in the custody of the Department of Correction, the Department of Community Correction, the Department of Human Services, any city or county jail or juvenile detention facility, or their contractors or agents; A mandated reporter and is in a position of trust or authority over the victim and uses the position of trust or authority to engage in sexual intercourse or deviate sexual activity; or An employee in the victim's school or school district, a temporary caretaker, or a person in a position of trust or authority over the victim; or The person is a teacher, principal, athletic coach, or counselor in a public or private school in kindergarten through grade twelve (K-12) and the actor: Engages in sexual intercourse or deviate sexual activity with a person who is not the actor's spouse and the victim is: Less than twenty-one (21) years of age; and A student enrolled in the public or private school employing the actor It is an affirmative defense to a prosecution under subdivision of this section that the actor was not more than three (3) years older than the victim.(d) Sexual assault in the first degree is a Class A felony.
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2nd degree Sexual Assault - 5-14-125 |
A person commits sexual assault in the second degree if the person: Engages in sexual contact with another person by forcible compulsion; Engages in sexual contact with another person who is incapable of consent because he or she is: Physically helpless; Mentally defective; or Mentally incapacitated; Being eighteen (18) years of age or older, engages in sexual contact with another person who is: Less than fourteen (14) years of age; and Not the person's spouse; Engages in sexual contact with a minor and the actor is: Employed with the Department of Correction, Department of Community Correction, any city or county jail, or any juvenile detention facility, and the minor is in custody at a facility operated by the agency or contractor employing the actor, A mandated reporter under § 12-18-402(b) and is in a position of trust or authority over the minor; or (iii) The minor's guardian, an employee in the minor's school or school district, a temporary caretaker, or a person in a position of trust or authority over the minor. For purposes of subdivision of this section, consent of the minor is not a defense to a prosecution; Being a minor, engages in sexual contact with another person who is: Less than fourteen (14) years of age; and Not the person's spouse. It is an affirmative defense to a prosecution under this subdivision that the actor was not more than: Three (3) years older than the victim if the victim is less than twelve (12) years of age; or Four (4) years older than the victim if the victim is twelve (12) years of age or older; Is a teacher, principal, athletic coach, or counselor in a public or private school in a grade kindergarten through twelve (K-12), in a position of trust or authority, and uses his or her position of trust or authority over the victim to engage in sexual contact with a victim who is: (A) A student enrolled in the public or private school; and Less than twenty-one (21) years of age.(b) (1) Sexual assault in the second degree is a Class B felony. Sexual assault in the second degree is a Class D felony if committed by a minor with another person who is: Less than fourteen (14) years of age; and Not the person's spouse.
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3rd degree Sexual Assault - 5-14-126 |
A person commits sexual assault in the third degree if the person: Engages in sexual intercourse or deviate sexual activity with another person who is not the actor's spouse, and the actor is: Employed with the Department of Correction, Department of Community Correction, Department of Human Services, or any city or county jail, and the victim is in the custody of the Department of Correction, Department of Community Correction, Department of Human Services, or any city or county jail; Employed or contracted with or otherwise providing services, supplies, or supervision to an agency maintaining custody of inmates, detainees, or juveniles, and the victim is in the custody of the Department of Correction, Department of Community Correction, Department of Human Services, or any city or county jail; or A mandated reporter or member of the clergy and is in a position of trust or authority over the victim and uses the position of trust or authority to engage in sexual intercourse or deviate sexual activity; or Being a minor, engages in sexual intercourse or deviate sexual activity with another person who is: Less than fourteen (14) years of age; and Not the person's spouse. It is an affirmative defense under this subdivision that the actor was not more than three (3) years older than the victim. It is no defense to a prosecution under this section that the victim consented to the conduct. Sexual assault in the third degree is a Class C felony.
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4th degree Sexual Assault - 5-14-127 |
A person commits sexual assault in the fourth degree if the person: Being twenty (20) years of age or older: Engages in sexual intercourse or deviate sexual activity with another person who is: Less than sixteen (16) years of age; and Not the person's spouse; or Engages in sexual contact with another person who is: Less than sixteen (16) years of age; and Not the person's spouse; or Engages in sexual contact with another person who is not the actor's spouse, and the actor is employed with the Department of Correction, Department of Community Correction, Department of Human Services, or any city or county jail, and the victim is in the custody of the Department of Correction, Department of Community Correction, Department of Human Services, or a city or county jail. Sexual assault in the fourth degree under subdivisions is a Class D felony. (2) Sexual assault in the fourth degree is a Class A misdemeanor if the person engages only in sexual contact with another person
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