Criminal Law (State)

Front 1

ELEMENTS OF ACCOMPLICE LIABILITY

Must be AIDING, _______, and COUNSELLING the crime; _______ aiding required.

o MERE _______ NOT enough even if by presence D seems to be consenting to the crime or even if D fails to notify police.

o VA recognizes the following types of parties to a crime:
-_________ in the first degree
-PRINCIPAL in the second degree
-_________ before the fact
-ACCESSORY after the fact

LIABILITY--the crime itself and all other ________ crimes.

Back 1

ELEMENTS OF ACCOMPLICE LIABILITY

Must be AIDING, ABETTING, and COUNSELLING the crime; ACTIVE aiding required.

o MERE PRESENCE NOT enough even if by presence D seems to be consenting to the crime or even if D fails to notify police.

o VA recognizes the following types of parties to a crime:
-PRINCIPAL in the first degree
-PRINCIPAL in the second degree
-ACCESSORY before the fact
-ACCESSORY after the fact

LIABILITY--the crime itself and all other FORESEEABLE crimes.

Front 2

ACCOMPLICE LIABILITY--DEFENSES

(1) _________; AFFIRMATIVE ________

o Voluntarily __________;
o Withdraw _______; and
o Made substantial effort to ________.

(2) ________ after the fact--helping someone _______

o NOT liable for the crime ________
o A separate _______ charge

Back 2

ACCOMPLICE LIABILITY--DEFENSES

(1) WITHDRAWAL; AFFIRMATIVE DEFENSE

o Voluntarily RENOUNCED;
o Withdraw PRIOR; and
o Made substantial effort to PREVENT.

(2) ACCESSORY after the fact--helping someone ESCAPE

o NOT liable for the crime ITSELF
o A separate LESSER charge

Front 3

INCHOATE OFFENSES:

(1) _________

(2) _________

(3) _________

Back 3

INCHOATE OFFENSES:

(1) SOLICITATION

(2) CONSPIRACY

(3) ATTEMPT

Front 4

SOLICITATION

ELEMENT: ________ someone to _______ a crime.


DEFENSE: The ________ or the legal incapacity of the solicitee is NO _______.

Back 4

SOLICITATION

ELEMENT: ASKING someone to COMMIT a crime.


DEFENSE: The REFUSAL or the legal incapacity of the solicitee is NO DEFENSE.

Front 5

CONSPIRACY

Elements:

(1) An _________;

(2) The ______ to agree;

(3) To achieve an _______ PURPOSE or _________ of the agreement;

(4) No ______ act--a conspiracy is complete once the parties enter into the illegal scheme; an ______ ______ in furtherance of the conspiracy is ____ necessary!

Back 5

CONSPIRACY

Elements:

(1) An AGREEMENT;

(2) The INTENT to agree;

(3) To achieve an UNLAWFUL PURPOSE or OBJECTIVE of the agreement;

(4) No OVERT act--a conspiracy is complete once the parties enter into the illegal scheme; an OVERT ACT in furtherance of the conspiracy is NOT necessary!

Front 6

Is an overt act in furtherance of the conspiracy necessary?

Back 6

NO!

An overt act in furtherance of the conspiracy is NOT necessary!

Front 7

Each conspirator is liable for ____ crimes of the other conspirators if they are:

(1) _________; and

(2) IN ___________ of the conspiracy.

Back 7

Each conspirator is liable for ALL crimes of the other conspirators if they are:

(1) FORESEEABLE; and

(2) IN FURTHERANCE of the conspiracy.

Front 8

In VIRGINIA, a D may be convicted of _____ the ________ SUBSTANTIVE OFFENSE and the __________ CONSPIRACY if the convictions occur in a ________ TRIAL.

Back 8

In VIRGINIA, a D may be convicted of BOTH the COMPLETED SUBSTANTIVE OFFENSE and the UNDERLYING CONSPIRACY if the convictions occur in a SINGLE TRIAL.

NOTE: In other words, there is NO MERGER for conspiracy in VA!!!

Front 9

CONSPIRACY--DEFENSE

(1) NO _________ DEFENSE

(2) Can ONLY ________ from liability for _______ CRIMES--no withdrawal from conspiracy possible b/c _________ coupled w/ ____ completes crime

Back 9

CONSPIRACY--DEFENSE

(1) NO IMPOSSIBILITY DEFENSE

(2) Can ONLY WITHDRAW from liability for FUTURE CRIMES--no withdrawal from conspiracy possible b/c AGREEMENT coupled w/ ACT completes crime

Front 10

ATTEMPT--ELEMENTS


(1) ________ INTENT (intent to _______ the crime)

(2) A __________ step in the direction of the ________ of the crime (mere _________ is NOT enough).

Back 10

ATTEMPT--ELEMENTS


(1) SPECIFIC INTENT (intent to COMMIT the crime)

(2) A SUBSTANTIAL step in the direction of the COMMISSION of the crime (mere PREPARATION is NOT enough).

Front 11

ATTEMPT--DEFENSES

o FACTUAL IMPOSSIBILITY is ___ DEFENSE

o MAJORITY RULE--LEGAL IMPOSSIBILITY IS ___ DEFENSE

o __________ no defense after the substantial steps have begun

Back 11

ATTEMPT--DEFENSES

o FACTUAL IMPOSSIBILITY is NO DEFENSE

o MAJORITY RULE--LEGAL IMPOSSIBILITY IS NO DEFENSE

o ABANDONMENT no defense after the substantial steps have begun

Front 12

SELF-DEFENSE--NONDEADLY FORCE (NDF)

A victim may use NDF in self-defense if he ________ BELIEVES force is about to be used on him.

o VA follows the ________ LAW RULE: There is NO _____ TO RETREAT!!!

Back 12

SELF-DEFENSE--NONDEADLY FORCE (NDF)

A victim may use NDF in self-defense if he REASONABLY BELIEVES force is about to be used on him.

o VA follows the COMMON LAW RULE: There is NO DUTY TO RETREAT!!!

Front 13

SELF-DEFENSE--DEADLY FORCE (DF)--"________ for defense of PERSONAL PROPERTY"

(1) A _______ may use DF in self-defense if he ________ BELIEVES DF is about to be used on him.

o EXCEPTIONS--___ DUTY TO RETREAT:
-In one's _______
-If preventing a ______ or ROBBERY
-By ______ OFFICER trying to make an _______

(2) A person claiming self-defense _____ using DF must be ________ FAULT (did ____ PROVOKE attack)

(3) DF is self-defense by the ________ AGGRESSOR--withdraw and _________ withdrawal to the original victim

(4) Use of DF to arrest--officer must reasonably believe suspect _______ or presents _______ to public

(5) If fact finder determines absence of right to self-defense, crime is ________ ___________

Back 13

SELF-DEFENSE--DEADLY FORCE (DF)--"NEVER for defense of PERSONAL PROPERTY"

(1) A VICTIM may use DF in self-defense if he REASONABLY BELIEVES DF is about to be used on him.

o EXCEPTIONS--NO DUTY TO RETREAT:
-In one's HOME
-If preventing a RAPE or ROBBERY
-By POLICE OFFICER trying to make an ARREST

(2) A person claiming self-defense AFTER using DF must be WITHOUT FAULT (did NOT PROVOKE attack)

(3) DF is self-defense by the ORIGINAL AGGRESSOR--withdraw and COMMUNICATE withdrawal to the original victim

(4) Use of DF to arrest--officer must reasonably believe suspect ARMED or presents DANGER to public

(5) If fact finder determines absence of right to self-defense, crime is VOLUNTARY MANSLAUGHTER

Front 14

HOMICIDE

All common law murder in VA is ________ __________.

Back 14

HOMICIDE

All common law murder in VA is SECOND DEGREE.

Front 15

MURDER: This is the killing of a human being ______ _______.

Back 15

MURDER: This is the killing of a human being WITH MALICE.

Front 16

MURDER-->This is the unlawful killing of a human being WITH MALICE.

Malice---elements:

(1) Intent to ______;

(2) Intent to do SERIOUS _______ _______;

(3) The _________ HEART MURDER; and

(4) _________ MURDER.

NOTE: In regards to (4), VA recognizes felony murder as ______ DEGREE MURDER. All felons are liable for all deaths, caused by all ________, but are _____ liable for any deaths caused by _______.

Back 16

MURDER-->This is the unlawful killing of a human being WITH MALICE.

Malice---elements:

(1) Intent to KILL;

(2) Intent to do SERIOUS BODILY HARM;

(3) The DEPRAVED HEART MURDER; and

(4) FELONY MURDER.

NOTE: In regards to (4), VA recognizes felony murder as FIRST DEGREE MURDER. All felons are liable for all deaths, caused by all FELONS, but are NOT liable for any deaths caused by NONFELONS.

Front 17

__________ reduces murder to __________ MANSLAUGHTER.

HOWEVER, mere _______ are ___ enough.

Back 17

PROVOCATION reduces murder to VOLUNTARY MANSLAUGHTER.

HOWEVER, mere WORDS are NOT enough.

Front 18

DEFENSES TO FELONY MURDER

o If D has a defense to the __________ FELONY, he has a defense to felony murder

o The killing MUST be ________

o Deaths caused while ________ from a felony are felony murder, but deaths that arise _______ D has found some point of temporary safety are ____

o D is ____ liable for felony murder for the death of a ________ as a result of resistance by the ________ or _________

Back 18

DEFENSES TO FELONY MURDER

o If D has a defense to the UNDERLYING FELONY, he has a defense to felony murder

o The killing MUST be FORESEEABLE

o Deaths caused while FLEEING from a felony are felony murder, but deaths that arise AFTER D has found some point of temporary safety are NOT

o D is NOT liable for felony murder for the death of a CO-FELON as a result of resistance by the VICTIM or POLICE

Front 19

MANSLAUGHTER

(1) VOLUNTARY MANSLAUGHTER

o Adequate _________
o Gave rise to ______ OF PASSION
o ____ adequate _______ OFF PERIOD
o Failed _______ claim is voluntary manslaughter

(2) _________ MANSLAUGHTER

o Killing resulting from _________ _________
o ___________ MANSLAUGHTER

Back 19

MANSLAUGHTER

(1) VOLUNTARY MANSLAUGHTER

o Adequate PROVOCATION
o Gave rise to HEAT OF PASSION
o NO adequate COOLING OFF PERIOD
o Failed SELF-DEFENSE claim is voluntary manslaughter

(2) INVOLUNTARY MANSLAUGHTER

o Killing resulting from CRIMINAL NEGLIGENCE
o MISDEMEANOR MANSLAUGHTER

Front 20

STATE CRIMINAL JURISDICTION

VA courts may exercise jurisdiction over a criminal offense if:

(1) The offense was COMMITTED WHOLLY OR _______ IN VA;

(2) There is an ________ OR CONSPIRACY ________ VA PLUS AN ACT ____ VA; or

(3) There is an ATTEMPT OR ________ INSIDE VA TO COMMIT AN OFFENSE ________ VA.

Back 20

STATE CRIMINAL JURISDICTION

VA courts may exercise jurisdiction over a criminal offense if:

(1) The offense was COMMITTED WHOLLY OR PARTLY IN VA;

(2) There is an ATTEMPT OR CONSPIRACY OUTSIDE VA PLUS AN ACT IN VA; or

(3) There is an ATTEMPT OR CONSPIRACY INSIDE VA TO COMMIT AN OFFENSE OUTSIDE VA.

Front 21

TRUE/FALSE:

A person who commits a crime through an innocent agent is a P1 even if not present at the time and place of the offense.

Back 21

TRUE!

A person who commits a crime through an innocent agent is a P1 EVEN IF not present at the time and place of the offense.

Front 22

PRINCIPAL IN THE SECOND DEGREE

This is one who is ____ ONLY present at the commission of a crime, but who ALSO commits some ______ ACT (such as inciting or advising in the commission of the crime) or shares the perpetrator's CRIMINAL ________.

Back 22

PRINCIPAL IN THE SECOND DEGREE

This is one who is NOT ONLY present at the commission of a crime, but who ALSO commits some OVERT ACT (such as inciting or advising in the commission of the crime) or shares the perpetrator's CRIMINAL INTENT.

Front 23

ACCESSORY BEFORE THE FACT

This person orders, _______, encourages, or otherwise aids and abets another to commit an offense, but is _____ present when the offense is committed.

Back 23

ACCESSORY BEFORE THE FACT

This person orders, COUNSELS, encourages, or otherwise aids and abets another to commit an offense, but is NOT present when the offense is committed.

Front 24

Is an accessory before the fact present when the offense is committed?

Back 24

NO!

An ACCESSORY BEFORE THE FACT is NOT present when the offense is committed.

Front 25

ACCESSORY AFTER THE FACT

An accessory after the fact ______ an offense has been committed and ______ the felon in escaping _________.

Are close family members included?

Back 25

ACCESSORY AFTER THE FACT

An accessory after the fact KNOWS an offense has been committed and ASSISTS the felon in escaping PUNISHMENT.

NO! Close family members are EXCLUDED from liability.

Front 26

P2 AND ABF TREATED IN ALL RESPECTS AS IF P1

In _______ CASES, every P2 and ABF may be indicted, tried, convicted, and punished in all respects as if a ____.

EXCEPTION: ONLY the actual ________ can get the death penalty.

EXCEPTION TO EXCEPTION: In cases of murder for hire or murder during the commission of an act of _________, a P2 or ABF can be convicted and punished as a P1!

Back 26

P2 AND ABF TREATED IN ALL RESPECTS AS IF P1

In FELONY CASES, every P2 and ABF may be indicted, tried, convicted, and punished in all respects as if a P1.

EXCEPTION: ONLY the actual MURDERER can get the death penalty.

EXCEPTION TO EXCEPTION: In cases of murder for hire or murder during the commission of an act of TERRORISM, a P2 or ABF can be convicted and punished as a P1!

Front 27

___ CONVICTION OF P1 REQUIRED


No conviction of P1 is required for a conviction of a ____ and _____; however, it MUST be shown that P1 ________ the crime.

Back 27

NO CONVICTION OF P1 REQUIRED


No conviction of P1 is required for a conviction of a P2 and ABF; however, it MUST be shown that P1 COMMITTED the crime.

Front 28

There is NO ________ w/o the requisite _______ ________.

Back 28

There is NO LIABILITY w/o the requisite MENTAL STATE.

Front 29

ABF CONVICTION--TOTALITY OF CIRCUMSTANCES

When no single piece of evidence ties an ABF D to a killing, the ______ may convict the D as an _____ based on the _______ OF THE EVIDENCE.

_________ EVIDENCE is sufficient for P2 or ABF liability.

Back 29

ABF CONVICTION--TOTALITY OF CIRCUMSTANCES

When no single piece of evidence ties an ABF D to a killing, the JURY may convict the D as an ABF based on the TOTALITY OF THE EVIDENCE.

CIRCUMSTANTIAL EVIDENCE is sufficient for P2 or ABF liability.

Front 30

Accessories may be tried where they became _______ or where ____ might be INDICTED.

Can an ABF be indicted separately from the principal?

Back 30

Accessories may be tried where they became ACCESSORIES or where P1 might be INDICTED.

Yes! The ABF may be indicted w/ or separately from the principal.

Front 31

TRUE/FALSE:

No overt act is required to establish conspiracy.

Back 31

TRUE!

NO OVERT ACT is required to establish CONSPIRACY.

Front 32

CONSPIRACY TO COMMIT A FELONY

Jurisdiction lies where any _____ of the conspiracy was ________ or any act in _________ was done.

Back 32

CONSPIRACY TO COMMIT A FELONY

Jurisdiction lies where any PART of the conspiracy was PLANNED or any act in FURTHERANCE was done.

Front 33

A D convicted of the completed substantive offense may _____ thereafter be convicted of the _________ CONSPIRACY based on the ______ acts.

Back 33

A D convicted of the completed substantive offense may NOT thereafter be convicted of the UNDERLYING CONSPIRACY based on the SAME acts.

HOWEVER, one may be convicted of both the completed offense and the underlying conspiracy in a SINGLE TRIAL!

Front 34

A D convicted of the completed substantive offense may NOT thereafter be convicted of the underlying conspiracy based on the same acts.

HOWEVER, one MAY be convicted of both the completed offense and the underlying conspiracy in a _______ ________.

Back 34

A D convicted of the completed substantive offense may NOT thereafter be convicted of the underlying conspiracy based on the same acts.

HOWEVER, one MAY be convicted of both the completed offense and the underlying conspiracy in a SINGLE TRIAL.

Front 35

Conspiracy requires an agreement between two or more _______ parties.

Back 35

Conspiracy requires an agreement between two or more GUILTY parties.

Front 36

TRUE/FALSE:

A conspiracy prosecution is barred where a D was acquitted of the substantive offense.

Back 36

TRUE/FALSE:

TRUE!

A conspiracy prosecution is barred where a D was ACQUITTED of the substantive offense.

Front 37

ATTEMPT: This is a _______ ACT done w/ ______ to commit a crime that _____ ________ of completing the crime.

NOTE: ________ IMPOSSIBILITY IS NO DEFENSE!

Back 37

ATTEMPT: This is a DIRECT ACT done w/ INTENT to commit a crime that FALLS SHORT of completing the crime.

NOTE: FACTUAL IMPOSSIBILITY IS NO DEFENSE!

Front 38

DEFENSES NEGATING CRIMINAL CAPACITY

o __________

o __________

o __________

Back 38

DEFENSES NEGATING CRIMINAL CAPACITY

o INSANITY

o INTOXICATION

o INFANCY

Front 39

DEFENSES NEGATING CRIMINAL CAPACITY--INSANITY

Must meet applicable insanity test (either ________ RULE or __________ IMPULSE TEST).

This is a defense to ____ crimes.

Back 39

DEFENSES NEGATING CRIMINAL CAPACITY--INSANITY

Must meet applicable insanity test (either M'NAGHTEN RULE or IRRESISTIBLE IMPULSE TEST).

This is a defense to ALL crimes.

Front 40

VOLUNTARY INTOXICATION: Voluntary __________ taking of a substance _______ to be intoxicating.

____ a defense to a criminal charge (but ____ prevent conviction for a murder requiring __________ if level of intoxication great enough)

Back 40

VOLUNTARY INTOXICATION: Voluntary INTENTIONAL taking of a substance KNOWN to be intoxicating.

NOT a defense to a criminal charge (but MAY prevent conviction for a murder requiring PREMEDITATION if level of intoxication great enough)

Front 41

INVOLUNTARY INTOXICATION: Taking intoxicating substance W/O ________ of its nature, under ________, or pursuant to ________ ADVICE.


May be a defense to ____ crimes.

Back 41

INVOLUNTARY INTOXICATION: Taking intoxicating substance W/O KNOWLEDGE of its nature, under DURESS, or pursuant to MEDICAL ADVICE.


May be a defense to ALL crimes.

Front 42

INFANCY

o < 7 ---Presumed _________ of forming ______ to commit crime. Defense to ___ crimes requiring intent.

o 7 - 14 ---REBUTTABLE ___________ that incapable of forming intent to commit a crime. ____ BE defense to all crimes requiring intent.

o > 14 ---Presumed ________ of forming intent to commit crime. ____ a defense.

Back 42

INFANCY

o < 7 ---Presumed INCAPABLE of forming INTENT to commit crime. Defense to ALL crimes requiring intent.

o 7 - 14 ---REBUTTABLE PRESUMPTION that incapable of forming intent to commit a crime. MAY BE defense to all crimes requiring intent.

o > 14 ---Presumed CAPABLE of forming intent to commit crime. NOT a defense.

Front 43

INSANITY

VA uses both the __________ RULE and __________ IMPULSE TEST for judging insanity.

Back 43

INSANITY

VA uses both the M'NAGHTEN RULE and IRRESISTIBLE IMPULSE TEST for judging insanity.

Front 44

INSANITY

D must give the ___________ attorney _______ OF INTENT to put in issue D's sanity at the time of the crime ________ and to present __________ testimony to support his claim.

The defense must prove "to the ___________ of the ______" that D was insane.

Back 44

INSANITY

D must give the COMMONWEALTH'S attorney NOTICE OF INTENT to put in issue D's sanity at the time of the crime CHARGED and to present EXPERT testimony to support his claim.

The defense must prove "to the SATISFACTION of the JURY" that D was insane.

Front 45

In VA, voluntary intoxication is ____ a defense (EVEN FOR _______ INTENT CRIMES)!

Back 45

In VA, voluntary intoxication is NOT a defense (EVEN FOR SPECIFIC INTENT CRIMES)!

Front 46

DEFENSE OF DWELLING

________ FORCE may be used to prevent entry; DEADLY FORCE may be used ______ when fearing great _______ INJURY.

Back 46

DEFENSE OF DWELLING

NONDEADLY FORCE may be used to prevent entry; DEADLY FORCE may be used ONLY when fearing great BODILY INJURY.

Front 47

DEFENSE OF OTHER PROPERTY

NONDEADLY FORCE may be used if _________ __________ to retain property; DEADLY FORCE may ____ be used.

Back 47

DEFENSE OF OTHER PROPERTY

NONDEADLY FORCE may be used if REASONABLY NECESSARY to retain property; DEADLY FORCE may NOT be used.

Front 48

ENTRAPMENT

(1) Criminal _______ originated w/ _______; and

(2) D was NOT _________ to commit crime before ________ w/ police (but ____ when police merely provide the _________ to commit crime).

Back 48

ENTRAPMENT

(1) Criminal DESIGN originated w/ POLICE; and

(2) D was NOT PREDISPOSED to commit crime before CONTACT w/ police (but NOT when police merely provide the OPPORTUNITY to commit crime).

Front 49

DURESS

D ________ BELIEVED that criminal conduct was the ______ means of avoiding _________ DEATH OR SERIOUS ________ ________ to himself or another.

Back 49

DURESS

D REASONABLY BELIEVED that criminal conduct was the ONLY means of avoiding IMMINENT DEATH OR SERIOUS BODILY HARM to himself or another.

Front 50

In VA, simple assault or battery is treated as a _________.

Back 50

In VA, simple assault or battery is treated as a MISDEMEANOR.

Front 51

MALICIOUS WOUNDING

This is the malicious shooting, _________, etcetera, w/ intent to ______, DISFIGURE, or ______.


NOTE: There is ___________ MALICIOUS WOUNDING, too!

Back 51

MALICIOUS WOUNDING

This is the malicious shooting, STABBING, etcetera, w/ intent to MAIM, DISFIGURE, or KILL.

NOTE: There is AGGRAVATED MALICIOUS WOUNDING, too!

Front 52

INJURING EMERGENCY PERSONNEL when there is reason to know that he is engaged in the performance of public duties---This is a _______.

Back 52

INJURING EMERGENCY PERSONNEL when there is reason to know that he is engaged in the performance of public duties---This is a FELONY.

Front 53

STALKING: Placing another person in REASONABLE ______ of ______ or BODILY INJURY, on ______ than one OCCASION, w/ ______ to cause that person _________ DISTRESS.

Back 53

STALKING: Placing another person in REASONABLE FEAR of DEATH or BODILY INJURY, on MORE than one OCCASION, w/ INTENT to cause that person EMOTIONAL DISTRESS.

Front 54

MAYHEM

This is a _______ LAW CRIME.

It is covered by the MALICIOUS _________ STATUTE.

Back 54

MAYHEM

This is a COMMON LAW CRIME.

It is covered by the MALICIOUS WOUNDING STATUTE.

Front 55

In VA, all murder is ________ to be ________ DEGREE MURDER.


The burden is on the _________ to elevate it to first degree or capital murder and on the _________ to reduce it to manslaughter.

Back 55

In VA, all murder is PRESUMED to be SECOND DEGREE MURDER.


The burden is on the PROSECUTION to elevate it to first degree or capital murder and on the DEFENSE to reduce it to manslaughter.

Front 56

CAPITAL MURDER

This is the ________, DELIBERATE, _________ MURDER:

(1) During an _________ w/ intent to extort _________ benefit;

(2) FOR _______;

(3) BY AN _______ in a penal institution or in the _______ of a law enforcement officer;

(4) During an _______ ROBBERY or ________ ROBBERY;

(5) During or subsequent to a ______ or ATTEMPTED RAPE;

(6) During FORCIBLE _______, attempted forcible sodomy, or an object sexual _________;

(7) Of a ____ ENFORCEMENT OFFICER for the purpose of interfering w/ his duties;

(8) Of more than one person during same ________;

(9) Of more than one person during ____ year period;

(10) Of any person during commission or attempted commission of unlawful manufacture, ________, or sale of controlled substances when killing is to further commission of crime;

(11) Of a _______ WOMAN by one who intends to end pregnancy;

(12) At someone else's ________ during ongoing criminal enterprise;

(13) Of someone under age ____ by someone over age ____; or

(14) During commission or attempted commission of an act of ________.

Back 56

CAPITAL MURDER

This is the WILLFUL, DELIBERATE, PREMEDITATED MURDER:

(1) During an ABDUCTION w/ intent to extort PECUNIARY benefit;

(2) FOR HIRE;

(3) BY AN INMATE in a penal institution or in the CUSTODY of a law enforcement officer;

(4) During an ARMED ROBBERY or ATTEMPTED ROBBERY;

(5) During or subsequent to a RAPE or ATTEMPTED RAPE;

(6) During FORCIBLE SODOMY, attempted forcible sodomy, or an object sexual PENETRATION;

(7) Of a LAW ENFORCEMENT OFFICER for the purpose of interfering w/ his duties;

(8) Of more than one person during same TRANSACTION;

(9) Of more than one person during 3 year period;

(10) Of any person during commission or attempted commission of unlawful manufacture, DISTRIBUTION, or sale of controlled substances when killing is to further commission of crime;

(11) Of a PREGNANT WOMAN by one who intends to end pregnancy;

(12) At someone else's DIRECTION during ongoing criminal enterprise;

(13) Of someone under age 14 by someone over age 21; or

(14) During commission or attempted commission of an act of TERRORISM.

Front 57

FIRST DEGREE MURDER

This is murder (OTHER THAN ________ MURDER) by POISON, _______ IN WAIT, _________, or __________; any willful, __________, and PREMEDITATED KILLING that does ___ fall w/i capital murder; or _______ MURDER (whether ________ or INTENTIONAL).

Back 57

FIRST DEGREE MURDER

This is murder (OTHER THAN CAPITAL MURDER) by POISON, LYING IN WAIT, IMPRISONMENT, or STARVING; any willful, DELIBERATE, and PREMEDITATED KILLING that does NOT fall w/i capital murder; or FELONY MURDER (whether ACCIDENTAL or INTENTIONAL).

Front 58

FELONY MURDER arises from the _________ or ________ to commit ARSON, _______, FORCIBLE SODOMY, OBJECT ________ PENETRATION, ________, BURGLARY, or __________.

Back 58

FELONY MURDER arises from the COMMISSION or ATTEMPT to commit ARSON, RAPE, FORCIBLE SODOMY, OBJECT SEXUAL PENETRATION, ROBBERY, BURGLARY, or KIDNAPPING.

Front 59

SECOND DEGREE MURDER

This is all murder that is neither ________ nor _______ DEGREE.

Back 59

SECOND DEGREE MURDER

This is all murder that is neither CAPITAL nor FIRST DEGREE.

Front 60

FELONY HOMICIDE

VA has 2 different statutes:

(1) FELONY MURDER/_____ DEGREE MURDER, which can be _________ or ACCIDENTAL, and is a killing committed in the course of an __________ FELONY; and

(2) FELONY _________ (_________ and committed in the course of a ___________ FELONY).

Back 60

FELONY HOMICIDE

VA has 2 different statutes:

(1) FELONY MURDER/FIRST DEGREE MURDER, which can be INTENTIONAL or ACCIDENTAL, and is a killing committed in the course of an ENUMERATED FELONY; and

(2) FELONY HOMICIDE (ACCIDENTAL and committed in the course of a NONENUMERATED FELONY).

Front 61

FELONY HOMICIDE

A death that results ____ from actions of the _______ but from circumstances _______ to the felony is ____ a death for which a felony murder conviction will ____.

There must be a ______ CONNECTION between the felony and the accidental killing.

Back 61

FELONY HOMICIDE

A death that results NOT from actions of the FELON but from circumstances COINCIDENT to the felony is NOT a death for which a felony murder conviction will LIE.

There must be a CAUSAL CONNECTION between the felony and the accidental killing.

Front 62

DOCTRINE OF TRANSFERRED INTENT

If a person shoots at a person ________ to kill her, and a _______ PERSON is killed, intent is _________ to the killing of the third person.

If a person acting IN _______ w/ a criminal D fired the fatal shot that killed a third person, D may be validly convicted since the two were ACTING IN ________.

Back 62

DOCTRINE OF TRANSFERRED INTENT

If a person shoots at a person INTENDING to kill her, and a THIRD PERSON is killed, intent is TRANSFERRED to the killing of the third person.

If a person acting IN CONCERT w/ a criminal D fired the fatal shot that killed a third person, D may be validly convicted since the two were ACTING IN CONCERT.

Front 63

VOLUNTARY MANSLAUGHTER

This is the _______ KILLING _________ _______.

Back 63

VOLUNTARY MANSLAUGHTER

This is the UNLAWFUL KILLING WITHOUT MALICE.

Front 64

INVOLUNTARY MANSLAUGHTER

This is an _________ KILLING, ______ to the intent of the parties, while committing:

(1) An _______ but ____ felonious act; or

(2) An act amounting to CRIMINAL _________.


D's state of mind is determined _________: whether he ______ or SHOULD HAVE KNOWN the _____ his conduct created.

Back 64

INVOLUNTARY MANSLAUGHTER

This is an ACCIDENTAL KILLING, CONTRARY to the intent of the parties, while committing:

(1) An UNLAWFUL but NOT felonious act; or

(2) An act amounting to CRIMINAL NEGLIGENCE.


D's state of mind is determined OBJECTIVELY: whether he KNOWS or SHOULD HAVE KNOWN the RISK his conduct created.

Front 65

Unintentionally causing the death of another while driving under the influence may be __________ ___________, or _________ INVOLUNTARY MANSLAUGHTER if D's conduct shows a ________ DISREGARD for human life.

Back 65

Unintentionally causing the death of another while driving under the influence may be INVOLUNTARY MANSLAUGHTER, or AGGRAVATED INVOLUNTARY MANSLAUGHTER if D's conduct shows a RECKLESS DISREGARD for human life.

Front 66

TERRORISM

A person who commits, ________ to commit, or AIDS OR ______ the commission of an act of terrorism--meaning the commission of CERTAIN ________ ACTS (e.g. kidnapping, robbery) w/ the intent to:

(1) _________ the ________ POPULATION; or

(2) Affect the _______ of any government body.

Back 66

TERRORISM

A person who commits, CONSPIRES to commit, or AIDS OR ABETS the commission of an act of terrorism--meaning the commission of CERTAIN VIOLENT ACTS (e.g. kidnapping, robbery) w/ the intent to:

(1) INTIMIDATE the CIVILIAN POPULATION; or

(2) Affect the POLICY of any government body.

Front 67

PHYSICAL INCAPACITY OF JUVENILE

There is a _________ PRESUMPTION that a juvenile over the age of ____ but under the age of ___ does NOT possess the physical _______ to commit rape.

Back 67

PHYSICAL INCAPACITY OF JUVENILE

There is a REBUTTABLE PRESUMPTION that a juvenile over the age of 10 but under the age of 12 does NOT possess the physical CAPACITY to commit rape.

Front 68

BIGAMY

A person is guilty of bigamy if he:

(1) _________ a person, in VA, while having another living ________; or

(2) Marries a person in another _____ while having another living spouse, and _______ w/ that person in VA.

Back 68

BIGAMY

A person is guilty of bigamy if he:

(1) MARRIES a person, in VA, while having another living SPOUSE; or

(2) Marries a person in another STATE while having another living spouse, and COHABITS w/ that person in VA.

Front 69

BIGAMY--EXCEPTIONS

A person is NOT guilty of bigamy if:

(1) His spouse was continuously _______ for ___ YEARS, and he did ____ know the spouse was alive during that time;

(2) He married in ______ FAITH under the __________ BELIEF that his former spouse was ________;

(3) He _________ his previous spouse; or

(4) His prior marriage was _____.

NOTE: A reasonable belief that one's prior marriage ended in divorce is ____ a defense.

Back 69

BIGAMY--EXCEPTIONS

A person is NOT guilty of bigamy if:

(1) His spouse was continuously ABSENT for 7 YEARS, and he did NOT know the spouse was alive during that time;

(2) He married in GOOD FAITH under the REASONABLE BELIEF that his former spouse was DEAD;

(3) He DIVORCED his previous spouse; or

(4) His prior marriage was VOID.

NOTE: A reasonable belief that one's prior marriage ended in divorce is NOT a defense.

Front 70

Common law larceny, embezzlement, and false pretenses are charged as ________ in VA.

Back 70

Common law larceny, embezzlement, and false pretenses are charged as LARCENY in VA.

Front 71

LARCENY

This is the _______ of ________ PROPERTY from another BY _______ w/ the intent to __________ DEPRIVE that person of the property.

Any person who ______ that personal property is _______ and assists in its __________ or disposition is also guilty of larceny.

Back 71

LARCENY

This is the TAKING of PERSONAL PROPERTY from another BY TRESPASS w/ the intent to PERMANENTLY DEPRIVE that person of the property.

Any person who KNOWS that personal property is STOLEN and assists in its TRANSPORTATION or disposition is also guilty of larceny.

Front 72

GRAND LARCENY

This is:

(1) LARCENY, from the person of another, of something worth $__ or more;

(2) _______ LARCENY, ____ from the person of another, of a thing worth $____ or more; or

(3) SIMPLE LARCENY, ____ from the person of another, of any ________ (regardless of value).

A showing of _________ POSSESSION of stolen property by the accused is required.

Back 72

GRAND LARCENY

This is:

(1) LARCENY, from the person of another, of something worth $5 or more;

(2) SIMPLE LARCENY, NOT from the person of another, of a thing worth $200 or more; or

(3) SIMPLE LARCENY, NOT from the person of another, of any FIREARM (regardless of value).

A showing of EXCLUSIVE POSSESSION of stolen property by the accused is required.

Front 73

PETIT LARCENY

This is larceny from a person of something worth ____ than $5 or simple larceny ____ from the person of another of something worth ____ than $200.

VA does ____ require proof of a _______ or specific value.

Back 73

PETIT LARCENY

This is larceny from a person of something worth LESS than $5 or simple larceny NOT from the person of another of something worth LESS than $200.

VA does NOT require proof of a MINIMUM or specific value.

Front 74

RECEIVING STOLEN GOODS

To be guilty of larceny for receiving stolen goods, one must __________ BUY, ________, or AID in concealing goods _______ to be stolen.

NOTE: The actual thief need ____ be convicted.

Back 74

RECEIVING STOLEN GOODS

To be guilty of larceny for receiving stolen goods, one must KNOWINGLY BUY, RECEIVE, or AID in concealing goods KNOWN to be stolen.

NOTE: The actual thief need NOT be convicted.

Front 75

EMBEZZLEMENT

This is the _________ CONVERSION of property of another by a person IN _________ POSSESSION of the property, w/ INTENT TO _______ the owner thereof.


NOTE: A fiduciary relationship is ____ necessary.

Furthermore, it is NOT necessary for D to __________ the property for his own benefit.

Back 75

EMBEZZLEMENT

This is the FRAUDULENT CONVERSION of property of another by a person IN LAWFUL POSSESSION of the property, w/ INTENT TO DEPRIVE the owner thereof.


NOTE: A fiduciary relationship is NOT necessary.

Furthermore, it is NOT necessary for D to MISAPPROPRIATE the property for his own benefit.

Front 76

FALSE PRETENSES

This is obtaining money or __________ from a person by false pretenses and w/ the ______ to _______.


BOTH _______ and _________ of the property must pass from the victim to D.

The ultimate victim need ____ be the one against whom the false pretenses were used.

Back 76

FALSE PRETENSES

This is obtaining money or PROPERTY from a person by false pretenses and w/ the INTENT to DEFRAUD.


BOTH TITLE and POSSESSION of the property must pass from the victim to D.

The ultimate victim need NOT be the one against whom the false pretenses were used.

Front 77

ROBBERY

This is the _______, w/ INTENT to _______, of the PERSONAL _________ of another, from his person or presence, against his will by _________ or ________.

Fear of ______ HARM must result from WORDS or _______ of the _________, rather than temperamental timidity of the victim.

Prosecution need ____ prove ownership of the property taken; need only prove that possessory rights of the ______ were ________ to those of the thief.

Back 77

ROBBERY

This is the TAKING, w/ INTENT to STEAL, of the PERSONAL PROPERTY of another, from his person or presence, against his will by VIOLENCE or INTIMIDATION.

Fear of BODILY HARM must result from WORDS or CONDUCT of the ACCUSED, rather than temperamental timidity of the victim.

Prosecution need NOT prove ownership of the property taken; need only prove that possessory rights of the VICTIM were SUPERIOR to those of the thief.

Front 78

EXTORTION

__________ to injure a person or property and thereby extorting __________ BENEFIT.

Back 78

EXTORTION

THREATENING to injure a person or property and thereby extorting PECUNIARY BENEFIT.

Front 79

BAD CHECK LAW

Making, _______, uttering, or delivering, w/ _____ TO ______, a check or draft upon a bank knowing the maker has _________ FUNDS is a violation of the bad check law.

It is a ________ if the check is over $_____.

________ of a bad check is prima facie evidence of an ______ TO DEFRAUD unless the maker pays the holder the amount plus _______ w/i ___ days after ______ that the check has NOT been paid.

Back 79

BAD CHECK LAW

Making, DRAWING, uttering, or delivering, w/ INTENT TO DEFRAUD, a check or draft upon a bank knowing the maker has INSUFFICIENT FUNDS is a violation of the bad check law.

It is a FELONY if the check is over $200.

ISSUANCE of a bad check is prima facie evidence of an INTENT TO DEFRAUD unless the maker pays the holder the amount plus INTEREST w/i 5 days after NOTICE that the check has NOT been paid.

Front 80

BURGLARY

This consists of:

(1) __________ AT NIGHT (WITH OR WITHOUT _________);

(2) ENTERING IN DAYTIME (BY _________); OR

(3) ENTERING AND ________ ONESELF, w/i a _______, OFFICE, SHOP, etc. with INTENT TO COMMIT _______, RAPE, ________, LARCENY, or ANY _______.

Intent to commit a felony may be _________ from an __________ PRESENCE.

Back 80

BURGLARY

This consists of:

(1) ENTERING AT NIGHT (WITH OR WITHOUT BREAKING);

(2) ENTERING IN DAYTIME (BY BREAKING); OR

(3) ENTERING AND CONCEALING ONESELF, w/i a DWELLING, OFFICE, SHOP, etc. with INTENT TO COMMIT MURDER, RAPE, ROBBERY, LARCENY, or ANY FELONY.

Intent to commit a felony may be INFERRED from an UNAUTHORIZED PRESENCE.

Front 81

ARSON

This is the ________ BURNING or __________ OF ANY BUILDING.

The burning need ONLY be _______.

Back 81

ARSON

This is the MALICIOUS BURNING or DESTRUCTION OF ANY BUILDING.

The burning need ONLY be SLIGHT.

Front 82

TRESPASS

It is a ___________ to ENTER or _______ on the land of another after having been _________ to do so.

Back 82

TRESPASS

It is a MISDEMEANOR to ENTER or REMAIN on the land of another after having been FORBIDDEN to do so.

Front 83

PERJURY

This is the:

(1) _______ FALSE SWEARING;

(2) REGARDING A _________ MATTER;

(3) WHILE UNDER A _________ ADMINISTERED _____.

Back 83

PERJURY

This is the:

(1) WILLFUL FALSE SWEARING;

(2) REGARDING A MATERIAL MATTER;

(3) WHILE UNDER A LAWFULLY ADMINISTERED OATH.

Front 84

SUBORNATION OF PERJURY

This is ________ another to give _______, _______ TESTIMONY.

Back 84

SUBORNATION OF PERJURY

This is INDUCING another to give FALSE, MATERIAL TESTIMONY.

Front 85

BRIBERY

A corrupt ______ of a gift to a _______ OFFICIAL OR CANDIDATE w/ intent to influence _________ ACTS.

This is a ______.

Back 85

BRIBERY

A corrupt OFFER of a gift to a PUBLIC OFFICIAL OR CANDIDATE w/ intent to influence OFFICIAL ACTS.

This is a FELONY.

Front 86

OBSTRUCTION OF JUSTICE

This is an attempt to ________ a ________ or OFFICER OF THE COURT.

Back 86

OBSTRUCTION OF JUSTICE

This is an attempt to INTIMIDATE a WITNESS or OFFICER OF THE COURT.

Front 87

CONCEALING OR COMPOUNDING AN OFFENSE

Taking money to compound, ________, or NOT _________ AN OFFENSE is unlawful.

Back 87

CONCEALING OR COMPOUNDING AN OFFENSE

Taking money to compound, CONCEAL, or NOT PROSECUTE AN OFFENSE is unlawful.

Front 88

COMPUTER FRAUD AND COMPUTER TRESPASS

COMPUTER FRAUD: The unauthorized use of a computer or computer network W/ THE _______ TO COMMIT AN ILLEGAL ACT OF _______; it is a _______ if the value of property/services obtained is $____ or more.


COMPUTER TRESPASS: This is the unauthorized use of a computer or computer network w/ the ______ to commit an illegal act of ________ (ie. disabling software programs, erasing/altering data, etc.).

Back 88

COMPUTER FRAUD AND COMPUTER TRESPASS

COMPUTER FRAUD: The unauthorized use of a computer or computer network W/ THE INTENT TO COMMIT AN ILLEGAL ACT OF FRAUD; it is a FELONY if the value of property/services obtained is $200 or more.


COMPUTER TRESPASS: This is the unauthorized use of a computer or computer network w/ the INTENT to commit an illegal act of TRESPASS (ie. disabling software programs, erasing/altering data, etc.).

Front 89

COMPUTER INVASION OF PRIVACY

This is the ___________ USE of a computer or computer network w/ _____ to commit an illegal act of ___________ INFORMATION W/O _________.

Back 89

COMPUTER INVASION OF PRIVACY

This is the UNAUTHORIZED USE of a computer or computer network w/ INTENT to commit an illegal act of EXAMINING INFORMATION W/O AUTHORITY.

Front 90

THEFT OF COMPUTER SERVICES

This is a _______ and includes the ________ use of a computer or computer network and INTENT TO _______ SERVICES W/O __________.

Back 90

THEFT OF COMPUTER SERVICES

This is a MISDEMEANOR and includes the UNAUTHORIZED use of a computer or computer network and INTENT TO OBTAIN SERVICES W/O AUTHORITY.

Front 91

PERSONAL TRESPASS BY COMPUTER

This is a ________ and includes the UNAUTHORIZED ____ of a computer or computer network w/ intent to cause ________ INJURY TO ANOTHER.

Back 91

PERSONAL TRESPASS BY COMPUTER

This is a FELONY and includes the UNAUTHORIZED USE of a computer or computer network w/ intent to cause PHYSICAL INJURY TO ANOTHER.

Front 92

TRUE/FALSE:

VA does NOT require proof of an "overt act" of conspiracy.

Back 92

TRUE!

VA does NOT require proof of an "overt act" of conspiracy.