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30 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Jurisdiction
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1. Conduct/Omission or result in DE; or
2. Conspiracy to commit a crime in DE AND overt act in DE |
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Assault First Deg. (intentionally), elements
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-Intentionally
-Serious phys. injury; AND either 1. w/deadly weapon or dangerous instrument 2. against cop, fireman, emergency care worker; OR 3. V is 62 |
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Assault First Deg. (intentionally or recklessly), elements
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-Serious phys. injury
-During commission or flight from felony |
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Assault First Deg. (recklessly), elements
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-Recklessly
-Conduct creates a substantial risk of death -Serious phys. injury |
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Assault Second Deg. (intentionally), elements
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-Phys. injury to cop, fireman, emergency care worker, state e'e
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Assault Second degree (intentionally or recklessly), elements
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Intentionally or recklessly, and
-Serious phys. injury; OR -Phys. injury w/a deadly weapon or dangerous instrument; OR -Phys. injury to pregnant female, V is 62 or older; OR -(if D is an adult) phys. injury & V is 6 yrs or younger |
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Assault Third Degree, elements
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1. Intentionally or recklessly causes phys. injury; OR
2. W/criminal negligence cause phys. injury w/deadly weapon or dangerous instrument |
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Assault, Related statutes, Offensive touching, elements
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-Intentionally
-Touches -Knowing he is likely to cause offense (exactly what it sounds like) |
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Assault, Related Statutes, Menacing, elements
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-Intentionally
-Places another in fear of imminent phys. injury -By some movement (like common law assault) |
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Assault, Related Statutes, Disorderly conduct
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-Intentionally
-Causes public inconvenience, annoyance or alarm; AND either -Violent actions -Noise -Disturbing assembly or meeting -Obstructing traffic -Refusing to comply w/police order to disperse, -Creating a hazardous condition for no purpose -Wearing hoods or masks |
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Assault, Related statutes, Resisting arrest, elements
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-Intentionally; AND
-Prevents or attempts to prevent an officer from making an arrest; OR -Flees from an arrest |
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Assault, Related statutes, Abuse of Pregnant female, Second deg., elements
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-During commission of assault or violent felony
-Against a pregnant female -Recklessly causes termination of pregnancy **Note: No defense that person was unaware V was pregnant |
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Assault, Related statutes, Abuse of Pregnant female, First deg., elements
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-During comm'n of violent felony
-Against pregnant female -Intentionally causes term. of pregnancy **Note: No defense that person was unaware V was pregnant |
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Kidnapping, First Degree, elements
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1. Unlawful restraint of another for the following specific purposes:
a. for ransom or reward b. shield or hostage c. facilitate the comm'n of a felony or flight d. to inflict phys. injury or sexual abuse e. to terrorize V f. to take a kid less than 16 (so 16's ok) from parent Side 3, second element |
2. And D does not voluntarily release V alive, unharmed and in a safe place prior to trial
**Note: Unlawful sexual contact or rape is always harm |
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Kidnapping, Second Deg., elements
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1. Unlawful restraint of another for the following specific purposes:
a. for ransom or reward b. shield or hostage c. facilitate the comm'n of a felony or flight d. to inflict phys. injury or sexual abuse e. to terrorize V f. to take a kid less than 16 (so 16's ok) from parent Side 3, second element |
2. Releases V unharmed, alive and in a safe place prior to trial
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Kidnapping during comm'n or flight from felony, note for exam
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Many crimes (rape, sometimes robbery) req. restraint of V. To constitute kidnapping, restraint req. more than necessary to accomplish crime. "Much more interference w/V than is normally incident to the underlying offense."
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Kidnapping, related statutes, Unlawful imprisonment, elements
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-Unlawful restraint (2nd deg.)
-W/exposure to risk of serious phys. injury |
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Kidnapping, Related statutes, Interference w/Custody, elements
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-Relative of child
-Child less than 16 -No legal rights to have possession of child |
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Arson, First Degree, elements
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-Intentionally
-Damage by fire or explosion -Building -Knows or reas. possibility of person in building (other than an accomplice) |
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Arson, Second deg., elements
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-Intentionally
-Damage by fire or explosion -Building |
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Arson, Third Deg., elements
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-Recklessly
-Damage by fire or explosion -Building |
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Arson, related statutes, Reckless burning, elements
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-Intentionally
-Start fire or explosion; AND -Recklessly places building or property of another or another person in danger |
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Arson, Related Statutes, Criminal Mischief, elements
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-Intentionally or recklessly
-Damages tangible property of another (felony if $5K damages) |
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Burglary, First deg., elements
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-Enters or remains unlawfully
-Dwelling -At night -W/intent to commit crime -Armed w/deadly weapon or causes phys. injury |
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Burglary, Second deg., elements
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-Enters or remains unlawfully; AND either
1. Dwelling w/intent commit a crime; OR 2. Building w/deadly weapon for entry or flight (either D or D's accomplice); OR 3. Building, causing phys injury (other than to accomplice) |
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Burglary, Third degree, elements
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-Enters or remains unlawfully
-Building to commit a crime |
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Burglary, Related offenses, Criminal trespass, elements
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-Knowingly
-Enters or remains unlawfully -Building Side 3, degrees |
First deg. = in a barn or dwelling
Second deg. = building or real property which is fenced in Third deg. = real property |
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Burglary, Related Offenses, Possession of Burglar's tools, elements
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-Possessing anything
-Designed or commonly used to facilitate theft or unlawful entry (could incl. using a credit card to pick a lock) |
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Robbery, Second degree, elements
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-Theft
-Use of force or threats to use force -Intent to deprive owner or appropriate the property **Note: theft and robbery merge |
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Robbery, First deg, elements
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-Theft,
-Use of force or threats to use force -Intent to deprive owner or appropriate the property; AND either 1. phys. injury 2. deadly weapon or simulated deadly weapon 3. dangerous instrument; OR 4. V is 62 **Note: No merger of robbery and weapon crimes |
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