Criminal Law Final

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Rape

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The unlawful act of sexual intercourse with another person against that person's will by force, fear, or trick. Penetration of the penis into the vagina, however slight is enough to constitute as rape.

Elements:

1. Unlawful sexual intercourse.

2.Committed by use of force, fear, or trick.

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Rape Shield Law

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A statute that is intended to protect victims of rape by limiting a defendant's in-court use of the victim's prior sexual history.

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Statutory Rape

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Sexual intercourse, whether consensual or not, with a person under the legal age of consent as specified by state statute.

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Date Rape

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Cohesive sexual advances made by an acquaintance that conclude in intercourse. Occurs between people who have been dating or have some sort of social relationship.

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Model Penal Code: Rape

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Male has sexual relations w women who is not wife

1. he compels her to submit by force or by threat of imminent death, serious bodily injury, extreme pain or kidnapping.

2. substantially impaired her power to appraise or control her conduct by administering w/o her knowing, drugs, intoxicants, or other inhibitants.

3. female is unconscious or under the age of 10.

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Sodomy

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The unlawful sexual penetration of the anus of 1 person by the penis of another, committed by use of force or fear.

Elements:

1. Unlawful sexual penetration of the anus of one person.

2. By penis of another.

3. By force or fear.

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Oral Copulation

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Unlawful act of copulating the mouth of one person with sexual organs or the anus by the use of force or fear. Sex does not matter.

Elements:

1. unlawful act of copulating in mouth of another.

2. With the sexual organs or anus of another.

3. By use of force or fear.

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Deviate Sexual Intercourse

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Any contact between any part of the genitals of one person and the mouth or anus of another person. 3rd degree felony.

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Model Penal Code: Deviate Sexual Intercourse

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Same as MPC rape.

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Pedophilia

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The act or fantasy of engaging in sexual activity with prepubertal children. Generally ages 13 and younger. Some states classify as a misdemeanor, others a felony.

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Bestiality

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Zoophilia. Act of engaging in sexual activity with animals.

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Necrophilia

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Engaging in sexual activity with a corpse. Dissection, mutilation, disinterment, sex, and sale are indictable acts. Misdemeanor

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Exhibitionism

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Repeated intentional act of exposing one's genitals to an unsuspecting stranger for the purpose of achieving sexual excitement. Children are often victims.

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Voyeurism

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Offender's repeatedly observing unsuspecting people who are naked, in the act of disrobing, or engaging in sexual activity. "Peeping toms"

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Sex Offender Registry

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National system that requires anyone convicted of specified crimes, such as aggravated sexual abuse, to register in order to notify people of conduct.

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Sexual Assault

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Statutory crime that combines all sexual offenses into one offense.

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Asportation

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Carrying away another's person or property. The movement must be unlawful meaning there was no consent.

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Kidnapping

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The willful and unlawful seizing, confining, and carrying away of another person by either force, threat of force, fraud, or deception. specific intent

Elements:

1. seizing of a person.

2. confining or restraining of a person.

3. unlawful carrying away of person (asporting)

4. use of force, threat of force, fraud, or deception.

5. knowledge that movement is unlawful.

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Kidnapping Actus Reus

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unlawful seizure, movement, and confinement.

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Kidnapping Mens Rea

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Defendant must intend to seize person, move them, and confine them against their will.

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Types of Kidnapping

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1. by non-custodial parent.

2. intent to commit act such as rape or molest. Lewd and lascivious act.

3. forcible kidnapping for ransom.

4. intent to transport in to our out of state.

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Kidnapping Sentencing

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Kidnapping is a felony of the first degree unless the actor voluntarily releases the victim alive and in a safe place, then it is a felony of the second degree.

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False Imprisonment

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Specific intent crime that involves the unlawful violation of the personal liberty of another. Kidnapping requires movement, FI does not. This includes locking a child in a room, or locking a door.

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False Imprisonment Elements

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1. seizing of a person.

2. confining or restraining of a person.

3. use of force, threat, fraud, or deception.

4. knowledge that restraint is unlawful.

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Trafficking

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Women and children are trafficked internationally to become slaves in the constantly growing sex trade. 700,000 to 1 million are trafficked annually.

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Stalking

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The course of conduct that causes a reasonable person to fear bodily injury to himself or death for self or members of family.

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Stalking Elements

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1. stalker would cause person to fear bodily injury or death to himself or family.

2. knowledge that victim/family will be in fear.

3.Inducing fear in victim and his or her family.

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High-tech stalking

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Technology opens new doors for people to frighten, harass, and surveil their victims. They can remain anonymous.

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Battery

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The unjustified offensive touching is the actus reus. MPC requires a slight touch. Ex. touching breasts or kissing.

Elements:

1. willful and unlawful.

2. use of force or violence.

3. against the person of another.

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Aggravated Assault

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or batteries are assaults and batteries with the aggravating factors-such as assault to commit rape, with motor vehicle, on peace officer, or with a dangerous weapon.

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Transferred Intent

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When a person intends to injure one person, and by mistake or accident injures another.

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Assault

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An attempt to injure the person of another or to frighten without an actual injury. General intent.

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Assault- Attempted battery

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Elements:

1. unlawful attempt.

2. with apparent present ability.

3. to commit an injury to the person of another.

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Assault- threatened battery

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Elements:

1. a threat.

2. with apparent present ability.

3. commit an injury to a person of another.

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Mayhem

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Unlawfully and maliciously depriving a human being of a member of his or her body, disabling, disfiguring, or rendering useless a member of the body.

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Robbery

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The theft of property from the person of immediate presence of another by use of force or fear. Most serious and feared form of theft. Value is irrelevant.

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Types of robbers

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1. Professional- way of life, avoid using force.

2. Opportunist- have chances to rob, may not be planned.

3. Drug-alcohol- rob to support addiction.

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Robbery- MPC

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1. inflicts serious bodily injury upon another.

2. threatens another with or purposely puts him in fear of immediate serious bodily injury.

3. commits or threatens immediately to commit any felony of the 1st or 2nd degree.

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Home-invasion robbery

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any robbery that occurs when an offender enters a dwelling with the intent to commit robbery and does commit robbery of the occupant therein.

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Extortion

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The theft of property from another person by means of threats of future violence, exposure of secrets, or taking or withholding official action. Give me $100,000 or i'll arrest you.

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Bribery

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An agreement to give a public official money or property of any value in exchange for the official to do or refrain from doing something that is against their duty. Don't arrest me and I'll give you $100,000. Key element is agreement, not act or lack of act. felony

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Theft

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The consolidated crimes of larceny, embezzlement, and false pretenses.

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Larceny

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The wrongful taking and carrying away of the personal property of another with the intent to steal. monetary value matters.

Elements:

1. wrongful taking.

2. carrying away.

3. of personal property.

4. of another.

5. with the intent to permanently deprive.

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Embezzlement

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Crime against ownership. Consists of the conversion of property by someone whom it has been entrusted. Fraudulent conversion of the property of another. Felony

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False Pretenses

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The act of obtaining title to property by making a material false representation with the intent to permanently deprive the owner of possession.

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Larceny by trick

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the crime of larceny where the owner of the property is tricked into giving possession of personal property, but not the title to the property, to the offender.

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Receiving Stolen Property

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The act of receiving property that has been stolen by another person. Sometimes referred to as "trafficking in stolen goods" Goods must be received for a dishonest purpose.

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Forgery

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The false making, materially altering, or uttering a writing that, if genuine, would either have legal efficacy or be the foundation of legal liability. Includes changing a word, letter, figure, or decimal point.

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Ways to commit forgery

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1. by creating a wholly new false document.

2. by significantly altering an existing document.

3. By endorsing a check or other instrument with a false endorsement.

4. By filling in blanks on a check or other instrument when not instructed to do so.

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Money Laundering

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Used to combat the methods used by criminals to hide, disguise, and legitimize ill-gotten gains. "Cleaning" "dirty money" Many create cash-intensive businesses such as car washes.

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Counterfeiting

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The false making or materially altering of personal property such as money or painting, which are not subject to forgery.

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Identity Theft

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The unauthorized use of another individual's personal identity to fraudulently obtain money, goods, or services to avoid the payment of debt; or to avoid criminal prosecution.

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RICO

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used more against individuals, businesses, political protest groups, and terrorist groups.

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Two of the most common property crimes

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arson and burglary. both are felonies

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Burglary

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Entry into the dwelling of another with the intent to commit a crime. #1 crime against habitation, do not have to be harmed. Goes along with castle doctrine.

Elements:

1. entry

2. into the dwelling.

3. of another.

4. with the intent to commit a crime.

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Professional Burglars

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skilled burglars who exhibit the characteristics of a career criminal. These offenders plan their crimes and concentrate on lucrative targets since they earn their living by burglary.

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Known Burglars

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not as skilled or successful as professionals. They are known to the police because of prior arrests.

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Young Burglars

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usually offenders in their late teens and early 20's. They do not plan as well as known and professional burglars.

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Juvenile Burglars

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under the age of 16. They confine themselves to local neighborhoods. They often have mentors.

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Junkie Burglars

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steal to support a habit.

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Criminal Trespass

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criminal acts not amounting to burglary committed in buildings or structures open to the public. lesser crime

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Vandalism Arson

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the offender is using arson to express hatred toward a particular group or culture. Abandoned properties

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Profit-motivated arson

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a person burns down a structure to collect from an insurance company

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Crime concealment arson

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used in hopes of concealing another crime that was committed on the same property.

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Sabotage arson

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common during labor strikes, prison riots, or other civil rebellion

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Revenge arson

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motivated by the desire to get even. former bosses, former spouses.

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Excitement arson

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committed by pyromaniacs, who set fires because they excite them.

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Arson

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the malicious burning of the dwelling or structure of another. does not require specific intent. Felony-murder crime. MPC- 2nd degree felony.

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Obscenity

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sexually explicit activity that falls outside the protection of the first amendment, and therefore, may be punished under criminal statute.

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Pornography

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material that displays sexual activities, but is protected under the first amendment and may not be prosecuted.

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Child pornography

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illegal because the child was unable to consent, and could be harmed

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Prostitution

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The solicitation of, or the act of engaging in commercialized sex, including deviate sex. Act of intercourse is not a crime by itself, act of solicitation and payment for sexual services.

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MANN Act

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prohibits the transportation of people for sexual reasons and profit

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Incest

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the crime of having unlawful sexual intercourse with a relative through blood or marriage.

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Bigamy

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marrying one person while still legally married to another. Intent

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Gambling

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it is highly regulated in each state, and any gambling not authorized by a state's gambling statutes and regulations is a crime. sports betting, races, lotto