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67 Cards in this Set
- Front
- Back
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What is a property crime; unlawful entry, includes constructive entry (law of parties). May enter and commit robbery, theft, assault?
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Burglary
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T or F: If you don't commit the assault of felony or theft it is still a burglary.
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True
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What is a crime against the person not property?
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Robbery
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Habitation and dwelling are synonymous as are?
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Building and structure
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What is a specific intent crime?
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Murder
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What is not a specific intent crime (no mens rea needs to be proved because it is incidental to a felony)?
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Felony murder
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What is starting a fire, regardless of whether the fire continues after ignition, or causing an explosion with intent to destroy or damage property?
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Arson
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What is the surrounding area including out buildings, vegetation, fence or structure on open space land or any building, habitation, or vehicle?
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Curtilage
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What is the punishment for arson?
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2nd degree felony
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How can arson turn into a felony of the first degree?
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If bodily injury, death, or the property intended to be damaged or destroyed by the actor was a habitation, a place of assembly, or worship
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What are some motives for arson?
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-Recklessly starts a fire or causes an explosion
-Insurance fraud -Cover up another crime -Sabotage arson- during a labor strike, prison riots, civil rebellion, or sociopolitical ideology -Revenge arson- motivated by a desire to get even -Pyromanic |
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Who is deliberate and purposeful fire setting on more than one occasion, tension or affective (mood) arousal before the act, attraction to fire and its situational contexts, pleasure when setting fires, or when witnessing or participating in the aftermath, not done for monetary gain, as a result of impaired judgement?
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Pyromanic
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What is without the effective consent of the owner, the person enters or remains in any place as to which notice has been given against trespassers. Notice, posted property, or even fences. Includes curtilage also vegetation, fence or structure on open space land or any building, habitation, or vehicle?
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Criminal trespass
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What is it when a person commits an offense without the effective consent of the owner; intentionally damages or destroys tangible property of the owner, tampers with property and causes pecuniary loss or substantial inconvenience to the owner or a third person, or makes markings, inscriptions, slogans, drawings, or paintings on the tangible property of the owner?
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Criminal mischief
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What is the punishment for criminal mischief?
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Misdemeanor
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When is criminal mischief not a misdemeanor?
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It's to a habitation, fence which holds cattle, caused by firearm or explosive weapon, and also tampering or diverting power or water
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What is a weekend home considered?
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Structure
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What is a home, even if the owner is in a nursing home considered?
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Dwelling
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What is knowingly offers to engage in sexual contact for a fee (whether an actor is to pay or receive a fee), solicits another in a public place to engage in sexual conduct for hire (whether the actor solicits a person to hire or offers to hire the person solicited)?
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Prostitution
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What is the punishment for prostitution?
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Class B
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What is the punishment for prostitution if it's the 2nd offense?
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Class A
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What is the punishment for prostitution if it's the 3rd offense?
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State jail felony
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T or F: It's a defense if the actor who engages in the conduct is the victim of the conduct; children are victims not perpetrators (a child under 14 may not be charged since children lack the capacity to consent).
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True
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What is the punishment if the person solicited is over 14 but under 18?
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3rd degree felony
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What is the punishment if the person solicited is under 14?
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2nd degree felony
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T or F: The crime of prostitution does not require flesh on flesh touching (i.e. lap dancing may qualify).
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True
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For prostitution, what may be required as some conditions for making bond (bail)?
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An HIV test, counseling/or education
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What is having more than two prostitutes (i.e. escort service, house of ill repute)?
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Aggravated promotion of prostitution
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What is the punishment for aggravated promotion of prostitution?
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3rd degree felony
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What is obscene material or performance that an average person would find that the work, taken as a whole, appeals to the prurient interest in sex (includes masturbation, excretory functions, sadism, etc), and is not protected by the first amendment, and may be punished?
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Obscenity
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What is a three prong test for determining whether or not something is obscene?
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The Miller Test
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What is material that displays sexual activity, is protected by the first amendment and may not be prosecuted, however may be regulated by the state (i.e. location of pornographic magazines in a store)?
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Pornography
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What is where the performer is under the age of 17, and is NEVER protected and absolutely forbidden to possess in any form?
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Child pornography
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What is a shameful or morbid interest in nudity, sex, or excretion; interest that rends to elicit lust or lewd behavior?
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Prurient interest
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What is any contact between any part of the genitals of one person and the mouth or anus of another person?
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Deviate sex
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What is an agreement to win or lose something of value or solely or partially by chance?
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Gambling
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What is to receive and record or to forward more than five bets or offers to bet in a period of 24 hours?
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Bookmaking
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What is prohibited sexual conduct; if engages in sexual intercourse or deviate sexual intercourse with another person the actor know to be, without regard to legitimacy, an ancestor, descendant, a brother or sister of the whole or 1/2 blood, or an uncle, aunt, nephew, or niece of the whole blood?
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Incest
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What is being married to two people at the same time?
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Bigamy
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What is being married to more than two people at the same time?
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Polygamy
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What is the obtaining of property from another induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right?
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Extortion
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What is the unlawful demand of money or property under threat to do bodily harm, to injure property, to accuse of crime, or to expose disgraceful effects?
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Blackmail
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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 duty?
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Bribery
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What is conduct affecting public health?
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Prohibition of the purchase and sale of human organs
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What is BAC?
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Blood Alcohol Concentration; number of grams of alcohol per liters of breath
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What is having a BAC of .08 or above, loss of normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body (i.e. motor vehicle, watercraft, amusement ride, or mobile amusement ride)?
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Intoxication
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What happens if the driver has a BAC concentration above .13 at the time of arrest?
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An ignition interlock must be installed as a condition of bond
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What is where the person "appears in a public place" while intoxicated tot he degree that the person may endanger the person (self) or other?
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Public intoxication
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What is the punishment for public intoxication?
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Class C misdemeanor
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What if the person has 3 or more convictions of public intoxication?
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Class B misdemeanor (180 days in jail, or 2 years probation)
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What is it while on a public road, whether operating a motor vehicle, stopped or parked the driver or passenger knowingly possesses an open container?
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Possession of alcoholic beverage in motor vehicle
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What is a bottle, can, or other receptacle that contains any amount of alcoholic beverage and that is open, that has been opened, that has a broken seal, or the contents of which are partially removed?
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Open container
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The passenger area of a motor vehicle is designed for the seating of the operator and passengers of the vehicle, but doesn't include:
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-Glove compartment or similar storage container that is locked
-The trunk of a vehicle or the area behind the last upright seat of the vehicle (if it doesn't have a trunk) |
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What is the entire width between and immediately adjacent to the boundary lines of any public road, street, highway, interstate, or other publicly maintained way if any part is open for public use for the purpose of motor vehicle travel; includes the right-of-way of a public highway?
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Public highway
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What is an exception for the passenger?
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If the defendant was a passenger in a vehicle that primarily transports passengers for compensation (i.e. chartered bus trip)
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T or F: It's an offense if the person knowingly possesses an open container in a passenger area of a motor vehicle that is located on a public highway, regardless of whether the vehicle is being operated or is stopped or parked.
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True
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What can also be included in the possession of an open container?
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Motorized house coach or motorized house trailer; self-contained camper, motor home, or recreational vehicle
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What is the punishment for a 1st offense DWI?
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Class B misdemeanor; minimum of 72 hours of confinement
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What is the punishment for a 1st offense DWI, if the BAC is .15 or above?
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Class A misdemeanor, and an ignition interlock device must be installed in the vehicle as a condition of bond, and a DPS suspension of drivers license
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What is the punishment of a DWI 2nd offense?
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Class A misdemeanor; minimum of 72 hours (10 days continuous fail time), and an ignition interlock must be installed. 6 month ARL suspension of drivers license (can apply for "occupational license")
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What is the punishment for a DWI 3rd or more?
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Felony
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What is the punishment for flying while intoxicated, or boating while intoxicated?
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Suspension of the driver's license by DPS
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What is the punishment for DWI with a child in the car or boat?
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Felony
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What is intentionally or knowingly possessing a useable quantity of marijuana?
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Possession of marijuana
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What has four penalty groups; intentionally or knowingly possess a controlled substance, and it does not have to be a useable quantity?
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Control substance act
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Which penalty group usually means longer sentences and higher fines?
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Penalty group 1
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T or F: Possession requires that the actor has "actual" care, custody, control, or management of the substance and must know it is contraband.
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True
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