Criminal Law Exam 2

Front 1

What is sanctioned by the government such as killing during war; execution of prisoners by the executioner who is carrying out a lawful order?

Back 1

Justifiable homicide

Front 2

What is killing because of mistake or self-defense such as one who is driving at a legal speed limit through a neighborhood but a child "darts" out in front of the car and is hit?

Back 2

Excusable homicide

Front 3

What is the most serious crime in all our societies?

Back 3

Criminal homicide

Front 4

What is considered to have intent and causation?

Back 4

Murder

Front 5

What intentionally or knowingly causes the death of an individual?

Back 5

Intent to cause death

Front 6

What is it to commit an act clearly dangerous to human health causing the death; includes persistent vegetative state?

Back 6

Intent to cause serious bodily injury

Front 7

What is in the course of committing a felony, performs an act clearly dangerous to human health that caused the death and it was in the course of or in immediate flight from the commission of a felony?

Back 7

Felony murder

Front 8

How many years of imprisonment for a 1st degree felony?

Back 8

5-99 or life imprisonment

Front 9

What happens when a "sudden passion defense", in the punishment phase of the trial, the defendant submits to jury and is accepted?

Back 9

It goes down to a 2nd degree felony (2-20 years)

Front 10

Murdering a peace officer or fireman while performing their official duties and person know who they are, commits murder while committing or attempting to commit another crime, murder for remuneration (money for murder), escape or attempt to escape from a penal institution, murdering another person while being incarcerated, etc...are all considered?

Back 10

Capital murder

Front 11

What is capital murder punished by?

Back 11

Death or life without parole

Front 12

If under 17 at the time of the crime of a capital murder, what would the punishment be?

Back 12

Life with the possibility of parole

Front 13

What would punishment for capital murder be for the mentally retarded?

Back 13

No death penalty (affirmative defense)

Front 14

What recklessly causes the death of an individual?

Back 14

Manslaughter

Front 15

When the actor "is aware" of a substantial and unjustifiable risk attached to the conduct but "disregards it". It is not necessary that the actor is aware that it will end in death is considered?

Back 15

Recklessness

Front 16

What is the punishment for manslaughter?

Back 16

2nd degree felony (2-20 years)

Front 17

What is considered to demonstrate gross negligence?

Back 17

Criminally negligent homicide

Front 18

When the actor "fails to perceive" a substantial and unjustifiable risk of death when he ought of is considered?

Back 18

Negligence

Front 19

What is the punishment for a criminally negligent homicide?

Back 19

State jail felony

Front 20

What is any contact between any part of the genitals of one person and the mouth or anus of another person; or the penetration of the genitals or the anus of another person with an object?

Back 20

Deviate sexual intercourse

Front 21

What is any touching of the anus, breast or any part of the genitals of another person with intent to arouse or gratify of the sexual desire of any person?

Back 21

Sexual contact

Front 22

What is any penetration of the female sex organ by the male sex organ?

Back 22

Sexual intercourse

Front 23

While it has not been repealed by the State Legislature, the U.S. Supreme court has ruled that the statute violates the due process clause, which case is this?

Back 23

Lawrence v. Texas (2003)- Homosexual Conduct

Front 24

What is it when a person commits an offense and knowingly engages in any of the following in a public place: -Act of sexual intercourse, -Act of deviate sexual intercourse, -Act of sexual contact; or -Act involving contact btw a persons mouth or genitals and the anus or genitals of an animal or fowl?

Back 24

Public lewdness

Front 25

What is the punishment for public lewdness?

Back 25

Class A misdemeanor

Front 26

What is it when a person exposes his anus or any part of his genitals with intent to arouse or gratify the sexual desire of any person, and he is reckless about whether another is present, who will be offended, or alarmed by this act?

Back 26

Indecency Exposure

Front 27

What is the punishment for indecency exposure?

Back 27

Class B misdemeanor

Front 28

What is it when a person is with a child younger than 17 years old, whether the child is of the same or opposite sex: engages in sexual contact with the child or cause the child to engage in sexual contact; or with intent to arouse or gratify the sexual desire of any person?

Back 28

Indecency with a child

Front 29

(Indecency with a child) What is the punishment for a person who engages in sexual contact with the child or cause the child to engage in sexual contact?

Back 29

2nd degree felony

Front 30

(Indecency with a child) What is the punishment for a person with intent to arouse or gratify the sexual desire of any person: exposes the anus or any part of the person's genitals, knowing the child is present, causes the child to expose the child's anus or any part of the child's genitals?

Back 30

3rd degree felony (2-10 years in penitentiary)

Front 31

The actor was not more than three years older than the victim and of the opposite sex; did not use duress, force, or a threat against the victim at the time of the offense; and at the time of the offense was not required to register for life as sex offender; or did not have a reportable conviction or adjudication for an offense under this section, are all examples of an?

Back 31

Affirmative defense

Front 32

What is the touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a child; or any touching of any body part of a child, including touch through clothing, with the anus, breast or any part of the genitals of a person?

Back 32

Sexual contact

Front 33

What is the punishment for the continuous sexual abuse of a child or children?

Back 33

1st degree felony with life or 25-99 years

Front 34

What is the willful and unlawful seizing, confining, and carrying away (asportation) of another person by either force, threat of force, fraud, or deception, and or knowing the movement of the victim is unlawful?

Back 34

Kidnapping

Front 35

What are some types of kidnapping?

Back 35

-Intent to commit lewd and lascivious act
-Intent to take out of state (trafficking)
-Intent to bring person in to the state (smuggling)
-Non-custodial parent

Front 36

What's to facilitate the enforcement of custody and visitation orders between states?

Back 36

Parental Kidnapping Prevention Act (1981)

Front 37

What happened in the mid 1930's that made states pass laws to make kidnapping a 1st degree felony rather than a misdemeanor?

Back 37

Lindbergh baby kidnapping

Front 38

How can one constitute the crime of kidnapping?

Back 38

Under common law the victim must be unlawfully (without consent) moved

Front 39

What are some factors of a kidnapping?

Back 39

-Movement must be "substantial" with "distance"
-Usually by "forcing" the victim to move from one place to another
-Direct physical force or by threat of physical force

Front 40

Which case is the taking of a person by a person with apparent authority, who is "not" authorized by the law enforcement agency and knows it, is kidnapping. (The thwarting of the extradition process) authority is kidnapping?

Back 40

United States v. Alvarez-Machain

Front 41

What is to restrain a person without consent "interfere with a person's liberty"?

Back 41

False imprisonment/unlawful restraint

Front 42

What is the punishment for false imprisonment/unlawful restraint?

Back 42

Misdemeanor

Front 43

How could punishment for false imprisonment/unlawful restraint become a felony?

Back 43

Restrains a person under circumstances exposing the person to risk of serious bodily injury

Front 44

What is an example of involuntary servitude?

Back 44

Human trafficking (voluntary); Smuggling (involuntary)

Front 45

What is the federal statute passed into law by the U.S. Congress that offers protection for persons in the country illegally who may be victims of human trafficking?

Back 45

Victims of Trafficking and Violence Protection Act

Front 46

What act provides investigation and prosecution of violent crimes against women, imposes automatic and mandatory restitution on those convicted, and allows civil redress in cases prosecutors choose to leave unprosecuted?

Back 46

Violence Against Women Act (VAWA)

Front 47

What can be by menacing behavior (assault by threat) an unwelcome touch (assault by contact), bodily injury, serious bodily injury?

Back 47

Assault

Front 48

What threatens to commit violence against any person or property with the intent to place the victim in immediate fear of serious bodily injury?

Back 48

Terrorist threat

Front 49

What is recklessly engaging in contact that places another in imminent danger of serious bodily injury: knowingly discharging a weapon in the direction of another; at a building or vehicle and the person is reckless as whether or not it is occupied?

Back 49

Deadly conduct

Front 50

T or F: It is presumed that if the actor points the weapon at a person or persons it is an offense even if the actor believes it is unloaded?

Back 50

True

Front 51

What is the intent to harass, annoy, alarm, abuse, torment, or embarrass another: obscene comments, requests, suggestions, or proposals by writing, telephone, or electronic communication. Calling repeatedly, false report of death or serious bodily injury of another, threat to commit a felony against the person, or allowing ones phone to be used?

Back 51

Harassment

Front 52

What is it when a person on more than one occasion knowingly engages in a course of conduct that would place a reasonable person in fear of serious bodily injury or death for himself or a family member (in person or over the internet)?

Back 52

Stalking

Front 53

What is it when in the course of committing, attempting to commit or in flight after committing theft an actor: intentionally, knowingly or recklessly causes bodily injury to another; intentionally or knowingly threatens or places another in fear of imminent bodily injury or death?

Back 53

Robbery

Front 54

What is the punishment for robbery?

Back 54

2nd degree felony

Front 55

T or F: The defendant does not actually have to acquire property to commit robbery?

Back 55

True

Front 56

T or F: For double jeopardy purposes, each victim is a distinct crime not each theft?

Back 56

True

Front 57

What is it if the actor causes serious bodily injury in the commission , attempt, or flight from, uses or exhibits a deadly weapon, or causes bodily injury to another person or threatens or places another in fear of imminent bodily injury or death if the person is: 65 +up, or disabled?

Back 57

Aggravated robbery

Front 58

What is the punishment for aggravated robbery?

Back 58

1st degree felony

Front 59

What is it without the consent of the owner the actor enters a building or automobile not open to the public with the intent to commit a felony, theft, assault, or remains concealed with the intent to commit a felony, theft, or an assault?

Back 59

Burglary

Front 60

What is the punishment for burglary of a vehicle and coined operated machines?

Back 60

Misdemeanors

Front 61

T or F: "Enter" means to intrude with "any" part of the body or physical object connected with the body?

Back 61

True

Front 62

What is the punishment for entering a building?

Back 62

State jail felony

Front 63

What is the punishment for entering a habitation?

Back 63

2nd degree felony

Front 64

T or F: Exclusive and unexplained possession of property recently stolen in a burglary supports the inference that the defendant is the one who committed the burglary?

Back 64

True

Front 65

What is created or failed to correct a false impression; conversion by a bailee, theft from the person, shoplifting, acquisition of property by threat, swindling, swindling by worthless check, embezzlement, extortion, receiving or concealing embezzled property and receiving or concealing stolen property?

Back 65

Theft by false pretext

Front 66

What is the unlawfully appropriates property with intent to deprive the owner of the property?

Back 66

Theft

Front 67

What is intentionally obtaining property from another by threatening to: inflict bodily injury, accuse anyone of a criminal offense, expose any secret tending to subject any person to hatred, contempt, or ridicule, or to impair is credit/business repute, take or withhold action as an official, or cause an official to take or withhold action?

Back 67

Extortion

Front 68

What is the offering, giving, receiving, or soliciting of any thing of value to influence action as an official or in discharge of legal or public?

Back 68

Bribery

Front 69

What is it to threaten or take some affirmative act: commit, accuse, inflict, expose, or harm (psychic tells clients that their loved one will die of cancer if they don't give her money)

Back 69

Theft by coercion

Front 70

What is it to alter, make, complete, execute, or authenticate any writing so that it purports to be the act of another, and is passed or "uttered", with the intent to defraud or harm another?

Back 70

Forgery

Front 71

What is using a false statement to obtain property?

Back 71

Credit

Front 72

What is a deceptive business being practiced?

Back 72

Pattern of defrauding

Front 73

What is engaging in organized crime?

Back 73

Gang or organized retail theft

Front 74

What is commercial bribery?

Back 74

Rigged lottery

Front 75

What is the misapplication of fiduciary property?

Back 75

The spending of clients money placed in trust

Front 76

What is the securing execution of document by deception?

Back 76

Misleading an elderly person to give to the church when the money actually goes into the pocket of the actor

Front 77

What is it with the intent to harm or defraud another, obtains, possesses, transfers, or uses an item of identifying information of another person without the person's consent?

Back 77

Identity theft

Front 78

What is it when the person knowingly acquires or maintains an interest in, conceals, possesses, transfers, or transports the proceed of criminal activity?

Back 78

Money laundering

Front 79

What is it with the intent to defraud or deceive an insurer, the person, in support of a claim for payment under an insurance policy

Back 79

Insurance fraud

Front 80

What is a statement that is falsely incorrect, with or without the element of knowing from the person making the statement?

Back 80

False statement

Front 81

What is providing a false statement to claim medical reimbursements beyond the scope of payment for actual health care services rendered?

Back 81

Medicaid fraud

Front 82

What is real estate considered to be?

Back 82

Real property

Front 83

What is all property except real estate; including money, bank accounts, and all "stuff" considered?

Back 83

Personal property

Front 84

What is both real and personal property?

Back 84

Tangible property