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28 Cards in this Set

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After Deliberation 18-3-101

Means not only intentionally but also that the decision to commit the act has been made after the exercise of reflection and judgement concerning the act. An act committed after deliberation is never one which has been committed in a hasty or impulsive manner.

1st Degree Murder 18-3-102

After deliberation and with intent to cause death to another person with a deadly weapon.



Felony Murder-arson, robbery, burglary, kidnapping, and sexual assault.

2nd Degree Murder 18-3-103

Knowing causes dealth to another person with a deadly weapon.



Sudden heat of passion- class 3 felony if highly provoking act is done by victim (adulatory). Affecting the defendant sufficiently to excite an irresistible passion in a reasonable person.

Manslaughter 18-3-104

Person recklessly causes dealth to another person.



Person intentionally causes or aids another person to commit suicide.

Criminally negligent homicide 18-3-105

Person who causes the death of another person by conduct amounting to criminal negligence commits criminally negligent homicide which is a class 5 felony.

Vehicular homicide 18-3-106

Person operates a motor vehicle in a reckless manner and such conduct results in the cause of death.



Person drives a motor vehicle while under the influence of alcohol or one or more drugs, or a combination of both, and such conduct results in the cause of death.

1st Degree Assault 18-3-202

With intent to cause serious bodily injury to another person with a deadly weapon.



Intent to disfigure another person seriously and permanently, or to destroy, amputate, or disable permanently a member or organ of his body, he causes such an injury to any person.

2nd Degree Assault 18-3-203

Intent to cause bodily injury to another person, he or she causes such injury to another person by means of a deadly weapon.



Intent to prevent one whome he or she knows or sh it should know, to be a peace officer, firefighter, emergency medical service provider from performing a lawful duty, he or she intentionally causes serious bodily injury to any person.


3rd Degree Assault 18-3-204

Person knowingly or recklessly causes bodily injury to another person or with criminal negligence the person causes bodily injury to another person by means of a deadly weapon.



3rd degree assault is a class 1 misdemeanor.

Vehicular Assault 18-3-205

If a person operates a motor vehicle in a reckless manner and the conduct results is serious bodily injury to another Person commits vehicular assault.



If a person operates or drives a motor vehicle while under the influence or alcohol or one or more drugs, or a combination of alcohol or drugs and results in serious bodily injury of another person commits vehicular assault.

Menacing 18-3-206

By any threat or physical action, he or she knowingly places or attempts to place another person in fear of imminent serious bodily injury.



Menacing is a class 3 misdemeanor but is a class 5 felony if committed by use of a deadly weapon.

Reckless Endangerment 18-3-208

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.

1st and 2nd Degree Kidnapping 18-3-301. 18-3-302

1st Degree- person who does following acts with intent. Force victim to make any concession or give up anything of value, forcibly seize and carries any person from one place to another, imprisons or forcibly secretes any person.



2nd Degree- person knowingly seizes and carries any person from one place to another with out consent (no hostage)

False Imprisonment 18-3-303

Any person who knowingly confined or detains another without the others consent and without proper legal authority commits false Imprisonment.


Does not apply to peace officer acting in good faith within the scope of his or her duties.

Internet Luring 18-3-306

Actor commits internet luring of a child if the actor knowing communicates over the computer, network, text, telephone, etc, who the actor knows or believes to be under the age of 15 and in communication describes explicit sexual conduct and in connection with that description, makes the statement of persuading or inviting the person to meet the actor for any purpose, and the actor is more that 4 years older than the person or than the age the actor believes the person to be.


*it is not a defense if meeting did not occur.

Enticement of a Child 18-3-305

Person commits crime of enticement of a child if he or she invites or persuades, or attempts a child under the age of 15 to enter any vehicle, building, room, or secluded place with intent to commit sexual assault or unlawful sexual contact upon said child.

Sexual Contact

The knowing touching of the victims intimate parts by the actor, or of the actors intimate parts by the victim, or the knowing touching of the clothing covering the immediate area of the victims or actors intimate parts if that sexual contact is for the purposes of sexual arousal, gratification, or abuse.

Sexual Intrusion

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

Sexual Penetration

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.

Consent

Means cooperation in act ot 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.

Position of Trust 18-3-401(3.5)

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 parents 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, of a child, including foster care, child care, family care, or through another, no matter how brief, at the time of an unlawful act.

Sexual Assault 18-3-402

Knowingly inflicts sexual intrusion or sexual penetration on a victim commits sexual assault.

Unlawful Sexual Contact 18-3-404

Actor knowingly subjects a victim to any sexual contact commits unlawful sexual contact.

Sexual Assault on a Child 18-3-405

Actor knowingly subjects another not his or her spouse to any sexual contact commits sexual assault on a child if the victim is less than 15 years of age and the actor is at least 4 years Older than the victim.

Sexual assault on a child by one in a position of trust 18-3-405.3

Actor who knowingly subjects another not his or her spouse to any sexual contact commits sexual assault on a child by one in position of trust if the victim is a child less that eighteen years old and the actor is committing the offense is one in a position of trust with respect to the victim.



*sexual assault on a child by one in a position of trust is a class 3 felony if victim is less that 15 years of age.



*sexual assault on a child by one in a position of trust is a class 4 felony if the victim is 15years or older but less than 18 years old.

Internet exploitation of a Child 18-3-405.5

Actor commits internet exploitation of a child if the actor knowingly importunes, invites, or entices through communication via computer, network, telephone, text, etc, a person whom the actor knows or believes to be one 15 years of age and at least 4 years younger than the actor.

Inaction of privacy for sexual gratification 18-3-405.6

Person knowingly observes or takes a photograph of another person intimate parts without that persons consent, for purposes of the observer's own sexual gratification commits unlawful invasion of privacy for sexual gratification.

Failure to Register and Failure to Verify Location as a Sex Offender

18-3-412.5