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54 Cards in this Set
- Front
- Back
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After Deliberation |
not only intentionally but also that the decision to commit the act has been made after the exercise of reflection and judgment concerning the act. |
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1st Degree Murder |
with the intent to cause the death yes |
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2nd dergree murder |
knowingly causes the death of a person.he act causing the death was performed upon a sudden heat of passion, caused by a serious and highly provoking act of the intended victim, affecting the defendant sufficiently to excite an irresistible passion in a reasonable person |
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manslaughter |
intentionally causes Such person recklessly causes the death of another person; or Such person intentionally causes or aids another person to commit suicide. |
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Criminally Negligent Homicide |
knowingly |
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Vehicular Homicide |
(1)(a) KNOWINGLY If a person operates or drives a motor vehicle in a reckless manner, and such conduct is the proximate cause of the death of another, such person commits vehicular homicide.(b)(I) If a person operates or drives a motor vehicle while under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, and such conduct is the proximate cause of the death of another, such person commits vehicular homicide. This is a strict liability crime. |
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1st Degree Assault |
With intent seriouis |
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2nd Degree Assault |
With intent or a purpose other than lawful medical or therapeutic treatment, he intentionally causes stupor, unconsciousness, or other physical or mental impairment or injury to another person by administering to him, without his consent, a drug, substance, or preparation capable of producing the intended harm; or |
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3rd Degree Assault |
The person knowingly or recklessly causes the other person to come into contact with blood, seminal fluid, urine, feces, saliva, mucus, vomit, or toxic, caustic, or hazardous material by any means, including throwing, tossing, or expelling the fluid or material. The person, with intent to harass, annoy, threaten, or alarm another person whom the actor knows or reasonably should know to be a peace officer, a firefighter, an emergency medical care provider, or an emergency medical service provider |
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Vehicular Assault |
Knowningly b)(I) If a person operates or drives a motor vehicle while under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, and this conduct is the proximate cause of a serious bodily injury to another, such person commits vehicular assault. This is a strict liability crime. SBI |
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Menacing |
A person commits the crime of menacing if, by any threat or physical action (a) By the use of a deadly weapon or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon; or(b) By the person representing verbally or otherwise that he or she is armed with a deadly weapon. |
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Reckless Endangerment |
A person who recklessly engages in conduct which creates a substantial risk of serious bodily injury to another person commits reckless endangerment, which is a class 3 misdemeanor. |
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Kidnapping (1st and 2nd) |
mens rea is intent to force the victim or any other person to make any concession or give up anything of value in order to secure a release of a person under the offender's actual or apparent control commits first degree kidnapping: mens rea is knowingly seizes and carries any person from one place to another, without his consent and without lawful justification, commits second degree kidnapping. |
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False Imprisonment |
knowingly
confines or detains another without the other's consent and without proper legal authority commits false imprisonment. |
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Enticement of a Child
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invites or persuades, or attempts to invite or persuade, a child under the age of fifteen years to enter any vehicle, building, room, or secluded place with the intent to commit sexual assault or unlawful sexual contact upon said child.
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Internet Luring
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a child under the age of fifteen years
4 yrs older than the victim no |
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Sexual Contact
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means the knowing touching of the victim's intimate parts by the actor, or of the actor's intimate parts by the victim, or the knowing touching of the clothing covering the immediate area of the victim's or actor's intimate parts if that sexual contact is for the purposes of sexual arousal, gratification, or abuse.
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Sexual Intrusion
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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.
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Sexual Penetration
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means sexual intercourse, cunnilingus, fellatio, anilingus, 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.
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Consent
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means cooperation in act or attitude pursuant to an exercise of free will and with knowledge of the nature of the act. A current or previous relationship shall not be sufficient to constitute consent under the provisions of this part 4. Submission under the influence of fear shall not constitute consent. Nothing in this definition shall be construed to affect the admissibility of evidence or the burden of proof in regard to the issue of consent under this part
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Position of Trust
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includes, but is not limited to, any person who is a parent or acting in the place of a parent and charged with any of a parent's rights, duties, or responsibilities concerning a child, including a guardian or someone otherwise responsible for the general supervision of a child's welfare, or a person who is charged with any duty or responsibility for the health, education, welfare, or supervision of a child, including foster care, child care, family care, or institutional care, either independently or through another, no matter how brief, at the time of an unlawful act.
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Sexual Assault
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knowingly
a) The actor causes submission of the victim by means of sufficient consequence reasonably calculated to cause submission against the victim's will (b) The actor knows that the victim is incapable of appraising the nature of the victim's conduct (c) The actor knows that the victim submits erroneously, believing the actor to be the victim's spouse (d) At the time of the commission of the act, the victim is less than fifteen years of age and the actor is at least four years older than the victim and is not the spouse of the victim (e) At the time of the commission of the act, the victim is at least fifteen years of age but less than seventeen years of age and the actor is at least ten years older than the victim and is not the spouse of the victim (f) The victim is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over the victim and uses this position of authority to coerce the victim to submit, unless the act is incident to a lawful search (g) The actor, while purporting to offer a medical service, engages in treatment or examination of a victim for other than a bona fide medical purpose or in a manner substantially inconsistent with reasonable medical practices (h) The victim is physically helpless and the actor knows the victim is physically helpless and the victim has not consented. |
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Unlawful Sexual Contact
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(a) The actor knows that the victim does not consent
(b) The actor knows that the victim is incapable of appraising the nature of the victim's conduct (c) The victim is physically helpless and the actor knows that the victim is physically helpless and the victim has not consented (d) The actor has substantially impaired the victim's power to appraise or control the victim's conduct by employing, without the victim's consent, any drug, intoxicant, or other means for the purpose of causing submission (e) Repealed by Laws 1990, H.B.90-1133, § 25, eff. July 1, 1990. (f) The victim is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over the victim and uses this position of authority, unless incident to a lawful search, to coerce the victim to submit (g) The actor engages in treatment or examination of a victim for other than bona fide medical purposes or in a manner substantially inconsistent with reasonable medical practices. Knowingly |
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Sexual Assault on a Child
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knowingly
victim is less than fifteen years of age and the actor is at least four years older than the victim. |
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Sexual Assault on a Child – Position of Trust
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knowingly Sexual assault on a child is a class 4 felony the com mission of two or more incidents of sexual contact involving a child when such offenses are committed by an actor upon the same victim. |
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Internet Sexual Exploitation of a Child |
knowingly 1) An actor commits internet sexual exploitation of a child if the actor knowingly importunes, invites, or entices through communication via a computer network or system, telephone network, or data network or by a text message or instant message, a person whom the actor knows or believes to be under fifteen years of age and at least four years younger than the actor (a) Expose or touch the person's own or another person's intimate parts while communicating with the actor via a computer network or system, telephone network, or data network or by a text message or instant message |
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Invasion of Privacy for Sexual Gratification
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knowingly
observes or takes a photograph of another person's intimate parts without that person's consent, in a situation where the person observed or photographed has a reasonable expectation of privacy, for the purpose of the observer's own sexual gratification, commits unlawful invasion of privacy for sexual gratification. |
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Failure to Register and Failure to VerifyLocation as a Sex Offender
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Review the requirements for both these statutes – you just need to be aware of them as an officer as you will come across this often. Review these two statutes before the POST Test.
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Building
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means a structure which has the capacity to contain, and is designed for the shelter of, man, animals, or property, and includes a ship, trailer, sleeping car, airplane, or other vehicle or place adapted for overnight accommodations of persons or animals, or for carrying on of business therein, whether or not a person or animal is actually present. |
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Occupied Structure
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means any area, place, facility, or enclosure which, for particular purposes, may be used by persons or animals upon occasion, whether or not included within the definition of “building” in subsection (1) of this section, and which is in fact occupied by a person or animal, and known by the defendant to be thus occupied at the time he acts in violation of one or more of sections 18-4-102 to 18-4-105 .
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1st Degree Arson
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(1) A person who knowingly sets fire to, burns, causes to be burned, or by the use of any explosive damages or destroys, or causes to be damaged or destroyed, any building or occupied structure of another without his consent commits first degree arson.
class 3 felony. |
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2nd Degree Arson
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(1) A person who knowingly sets fire to, burns, causes to be burned, or by the use of any explosive damages or destroys, or causes to be damaged or destroyed, any property of another without his consent, other than a building or occupied structure, commits second degree arson.
(2) Second degree arson is a class 4 felony, if the damage is one hundred dollars or more. (3) Second degree arson is a class 2 misdemeanor, if the damage is less than one hundred dollars. |
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3rd Degree Arson
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(1) A person who, by means of fire or explosives, intentionally damages any property with intent to defraud commits third degree arson.
(2) Third degree arson is a class 4 felony. |
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4th Degree Arson
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(1) A person who knowingly or recklessly starts or maintains a fire or causes an explosion, on his own property or that of another, and by so doing places another in danger of death or serious bodily injury or places any building or occupied structure of another in danger of damage commits fourth degree arson.
(2) Fourth degree arson is a class 4 felony if a person is thus endangered. (3) Fourth degree arson is a class 2 misdemeanor if only property is thus endangered and the value of the property is one hundred dollars or more. (4) Fourth degree arson is a class 3 misdemeanor if only property is thus endangered and the value of the property is less than one hundred dollars. “controlled agricultural burn” means a technique used in farming to clear the land of any existing crop residue, kill weeds and weed seeds, or reduce fuel buildup and decrease the likelihood of a future fire. |
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Premises
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means any real estate and all improvements erected thereon.
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Separate Building
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means each unit of a building consisting of two or more units separately secured or occupied.
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Enters Unlawfully or Remains Unlawfully
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A person “enters unlawfully” or “remains unlawfully” in or upon premises when the person is not licensed, invited, or otherwise privileged to do so. A person who, regardless of his or her intent, enters or remains in or upon premises that are at the time open to the public does so with license and privilege unless the person defies a lawful order not to enter or remain, personally communicated to him or her by the owner of the premises or some other authorized person
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1st Degree Burglary
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(1) A person commits first degree burglary if the person knowingly enters unlawfully, or remains unlawfully after a lawful or unlawful entry, in a building or occupied structure with intent to commit therein a crime, other than trespass as defined in this article, against another person or property, and if in effecting entry or while in the building or occupied structure or in immediate flight therefrom, the person or another participant in the crime assaults or menaces any person, the person or another participant is armed with explosives, or the person or another participant uses a deadly weapon or possesses and threatens the use of a deadly weapon.
(2) First degree burglary is a class 3 felony. |
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2nd Degree Burglary
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(1) A person commits second degree burglary, if the person knowingly breaks an entrance into, enters unlawfully in, or remains unlawfully after a lawful or unlawful entry in a building or occupied structure with intent to commit therein a crime against another person or property.
(2) Second degree burglary is a class 4 felony, but it is a class 3 felony if: (a) It is a burglary of a dwelling (b) The objective of the burglary is the theft of a controlled substance, as defined in section 18-18-102(5) , lawfully kept within any building or occupied structure (c) The objective of the burglary is the theft of one or more firearms or ammunition. |
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3rd Degree Burglary
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(1) A person commits third degree burglary if with intent to commit a crime he enters or breaks into any vault, safe, cash register, coin vending machine, product dispenser, money depository, safety deposit box, coin telephone, coin box, or other apparatus or equipment whether or not coin operated.
(2) Third degree burglary is a class 5 felony, but it is a class 4 felony if it is a burglary, the objective of which is the theft of a controlled substance, as defined in section 18-18-102(5) , lawfully kept in or upon the property burglarized. |
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Possession of Burglary Tools
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possesses any explosive, tool, instrument, or other article adapted, designed, or commonly used for committing or facilitating the commission of an offense involving forcible entry into premises or theft by a physical taking, and intends to use the thing possessed, or knows that some person intends to use the thing possessed, in the commission of such an offense.
(2) Possession of burglary tools is a class 5 felony. |
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Robbery
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(1) A person who knowingly takes anything of value from the person or presence of another by the use of force, threats, or intimidation commits robbery.
(2) Robbery is a class 4 felony. |
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Aggravated Robbery
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a) He is armed with a deadly weapon with intent, if resisted, to kill, maim, or wound the person robbed or any other person
(b) He knowingly wounds or strikes the person robbed or any other person with a deadly weapon or by the use of force, threats, or intimidation with a deadly weapon knowingly puts the person robbed or any other person in reasonable fear of death or bodily injury (c) He has present a confederate, aiding or abetting the perpetration of the robbery, armed with a deadly weapon, with the intent, either on the part of the defendant or confederate, if resistance is offered, to kill, maim, or wound the person robbed or any other person, or by the use of force, threats, or intimidation puts the person robbed or any other person in reasonable fear of death or bodily injury (d) He possesses any article used or fashioned in a manner to lead any person who is present reasonably to believe it to be a deadly weapon or represents verbally or otherwise that he is then and there so armed. (3) Aggravated robbery is a class 3 felony and is an extraordinary risk crime that is subject to the modified presumptive sentencing range specified in section 18-1.3-401(10) . |
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Agg. Robbery of Controlled Substance
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(1) A person who takes any controlled substance, as defined in section 18-18-102(5) , from any pharmacy or other place having lawful possession thereof or from any pharmacist or other person having lawful possession thereof under the aggravating circumstances defined in section 18-4-302 is guilty of aggravated robbery of controlled substances.
(2) Aggravated robbery of controlled substances is a class 2 felony. |
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Theft
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$2,000 is the line between a misdemeanor and a felony |
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Rights in Stolen Property
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(a) Retains possession or control of the motor vehicle for more than twenty-four hours
(b) Attempts to alter or disguise or alters or disguises the appearance of the motor vehicle (c) Attempts to alter or remove or alters or removes the vehicle identification number (d) Uses the motor vehicle in the commission of a crime other than a traffic offense (e) Causes five hundred dollars or more property damage, including but not limited to property damage to the motor vehicle involved, in the course of obtaining control over or in the exercise of control of the motor vehicle (f) Causes bodily injury to another person while he or she is in the exercise of control of the motor vehicle (g) Removes the motor vehicle from this state for a period of time in excess of twelve hours (h) Unlawfully attaches or otherwise displays in or upon the motor vehicle license plates other than those officially issued for the motor vehicle. |
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Criminal Mischief
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A person commits criminal mischief when he or she knowingly damages the real or personal property of one or more other persons, including property owned by the person jointly with another person or property owned by the person in which another person has a possessory or proprietary interest, in the course of a single criminal episode.
anything after one thousand dollars in a felony |
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1st Degree Criminal Trespass
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A person commits the crime of first degree criminal trespass if such person knowingly and unlawfully enters or remains in a dwelling of another or if such person enters any motor vehicle with intent to commit a crime therein.
First degree criminal trespass is a class 5 felony. |
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2nd Degree Criminal Trespass
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(a) Unlawfully enters or remains in or upon the premises of another which are enclosed in a manner designed to exclude intruders or are fenced
(b) Knowingly and unlawfully enters or remains in or upon the common areas of a hotel, motel, condominium, or apartment building (c) Knowingly and unlawfully enters or remains in a motor vehicle of another. (2) Second degree criminal trespass is a class 3 misdemeanor (a) It is a class 2 misdemeanor if the premises have been classified by the county assessor for the county in which the land is situated as agricultural land pursuant to section 39-1-102(1.6), C.R.S . (b) It is a class 4 felony if the person trespasses on premises so classified as agricultural land with the intent to commit a felony thereon. |
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3rd Degree Criminal Trespass
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(1) A person commits the crime of third degree criminal trespass if such person unlawfully enters or remains in or upon premises of another.
(2) Third degree criminal trespass is a class 1 petty offense, (a) It is a class 3 misdemeanor if the premises have been classified by the county assessor for the county in which the land is situated as agricultural land pursuant to section 39-1-102(1.6), C.R.S . (b) It is a class 5 felony if the person trespasses on premises so classified as agricultural land with the intent to commit a felony thereon. |
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1st Degree Criminal Tampering
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a person commits the crime of first degree criminal tampering if, with intent to cause interruption or impairment of a service rendered to the public by a utility or by an institution providing health or safety protection, he tampers with property of a utility or institution. First degree criminal tampering is a class 1 misdemeanor.
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2nd Degree Criminal Tampering
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a person commits the crime of second degree criminal tampering if he tampers with property of another with intent to cause injury, inconvenience, or annoyance to that person or to another or if he knowingly makes an unauthorized connection with property of a utility.
Second degree criminal tampering is a class 2 misdemeanor. |
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Littering – Public and Private Property
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Any person who deposits, throws, or leaves any litter on any public or private property or in any waters commits littering.
the right-of-way of any road or highway, any body of water or watercourse, including frozen areas or the shores or beaches thereof, any park, playground, or building, any refuge, conservation, or recreation area, and any residential, farm, or ranch properties or timberlands. |
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Abandonment of Vehicle
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Any person who abandons any motor vehicle upon a street, highway, right-of-way, or any other public property, or upon any private property without the express consent of the owner or person in lawful charge of that private property
The motor vehicle has been left for more than seven days unattended and unmoved (b) License plates or other identifying marks have been removed from the motor vehicle (c) The motor vehicle has been damaged or is deteriorated so extensively that it has value only for junk or salvage (d) The owner has been notified by a law enforcement agency to remove the motor vehicle, and it has not been removed within three days after notification. |
