De Crim Law

Front 1

Statute of limitations for murder, class A felonies and sex offenses other than harassment and indecent exposure?

Back 1

None

Front 2

Statute of limitations for felonies other than murder, class A felonies and sex offenses other than harassment and indecent exposure?

Back 2

5 years

Front 3

Statute of limitation for class A misdemeanor prosecutions?

Back 3

3 years

Front 4

Statute of limitations for crim prosecutions other than murder, felonies and class A misdemeanors?

Back 4

2 years

Front 5

Definition of “building”?

Back 5

Any structure, vehicle or watercraft

Front 6

Definition of “carjack” or “carjacking”?

Back 6

Unlawfully taking possession or control of a motor vehicle by coercion or duress, w/o the permission of the owner or occupant, while such owner/occupant with w/in 10 feet of the vehicle and regardless of whether the offender actually drove the vehicle.

Front 7

“Dangerous instrument” definition?

Back 7

any instrument or substance capable of causing death or serious physical injury, or any disabling chemical spray.

Front 8

“Deadly weapon” definition?

Back 8

firearm, knife of any sort (other than an ordinary pocketknife) switchblade, billy, metal knuckles, slingshot, razor, bicycle chain, ice pick and any dangerous instrument that is used or attempted to be used to cause death or serious physical injury.

Front 9

“firearm” definition?

Back 9

any weapon from which a shot, projectile or other object may be discharged. Doesn’t include BB guns.

Front 10

“Law Enforcement Officer” definition?

Back 10

police officers, the attorney general and his deputies, sheriffs and their regular deputies, prison guards, constables, state fire marshal

Front 11

“Serious Physical Injury” definition?

Back 11

physical injury which creates a substantial risk of death, or which causes serious and prolonged physical disfigurement, includes injuries which cause the unlawful termination of a pregnancy where the female doesn’t consent.

Front 12

“Physical Injury” definition?

Back 12

impairment of physical condition or substantial pain

Front 13

“telephone” definition?

Back 13

any computer, or other electronic device which is actually used to engage in a wire communication with any other telephone, computer or electronic data device.

Front 14

“intentionally” definition?

Back 14

a person acts intentionally when it is his conscious object or purpose to engage in eh conduction cause the result

Front 15

“knowingly” definition?

Back 15

a person acts knowingly when he is aware that his conduct is of that nature or that such circumstances exist or if the element involves a result, he is aware that it is practically certain his conduct will cause that result.

Front 16

“recklessly” definition?

Back 16

a person acts recklessly when he is aware of and consciously disregards a substantial and unjustifiable risk that the element exists or will result from his conduct. The risk must be of such a degree that disregard thereof constitutes a gross deviation from the standard of care of a reasonable person.

Front 17

“criminal negligence” definition?

Back 17

a person acts with criminal negligence when he fails to perceive a risk that the element exists. The risk must be of such a degree that disregard thereof constitutes a gross deviation from the standard of care of a reasonable person.

Front 18

Burdens of proof in criminal trials?

Back 18

(1) a prima facie case is made by the state where there is some credible evidence of each element of the crime;
(2) a conviction may be established only upon proof beyond a reasonable doubt;
(3) there must be credible evidence of a defense before it can be considered by a jury;
(4) an affirmative defense must be established by the defense by a preponderance of the evidence

Front 19

how to establish defense of mental illness?

Back 19

show either:
(a) at the time of the crime, as a result of mental illness or defect, D lacked substantial capacity to appreciate the wrongfulness of his conduct → if D establishes this defense, the verdict is not guilty by reason of insanity (affirmative defense); or
(b) at the time of the crime, D suffered from a psychiatric disorder which substantially disturbed such person’s thinking, feeling or behavior and/or such disorder was left the D with insufficient will power to choose to do the act or refrain from it. → if D establishes these elements, the verdict is guilty but mentally ill

Front 20

is voluntary intoxication a defense to any crime in Delaware?

Back 20

No.

Front 21

is involuntary intoxication a defense to any crime in Delaware?

Back 21

Yes, if the D lacked substantial capacity to appreciate the wrongfulness of his conduct or to perform a material element of the offense or lacked sufficient willpower to choose to do the act or refrain from it.
Addiction does NOT make the consumption if intoxicating substances involuntary.

Front 22

is mistake of fact a defense to any crime in Delaware?

Back 22

yes if:
(a) mistake negates the state of mind for commission of the offense; or
(b) the state specifically provides for the defense; or
(c) the mistake is the kind that supports a defense of justification

Front 23

Can you use deadly force to defend your property in Delaware?

Back 23

yes only if:
(a) the person against whom deadly force is used is unlawfully attempting to dispossess D of his dwelling; or
(b) the person against whom deadly force is used is attempting to commit arson, burglary, robbery or felony theft, felony criminal mischief and either:
___a. had employed or threatened DF against D in his presence; or
___b. the D believed the use of force other than DF would expose D or other present to the reasonable likelihood of serious physical injury

Front 24

Criminal Solicitation – elements and degrees (3)

Back 24

(1) intending another person to engage in conduct constituting the crime, he
(2) solicits, requests, commands importunes, or otherwise attempts to cause the other
(3) to engage in conduct that would constitute the crime or an attempt to commit the crime

Third degree – crime solicited is a misdemeanor
Second degree – crime solicited is a felony
first degree - CLASS A FELONY

Front 25

Conspiracy – elements and degrees (3)

Back 25

A person is guilty of conspiracy when, intended to promote or facilitate the commission or the crime, he:
(1) agrees with another that they or one or more of them would engage in conduct constituting the felony or an attempt or solicitation to commit the felony; OR
(2) agrees to aid another person in the planning of the felony or attempt or solicitation to commit the felony;
(3) AND under 1 or 2 he or another with whom he conspired commits and OVERT ACT in pursuance of the conspiracy
Third degree – crime solicited is a misdemeanor
Second degree – crime solicited is a felony
first degree - CLASS A FELONY

Front 26

Attempt - elements and penalties

Back 26

i. Elements – intentional act, which is substantial step in a course of conduct planned to culminate in the commission of a crime
1. a “substantial step” can be an act or omission which leaves no reasonable doubt as to the D’s intention to commit the crime
2. it is also attempt to intentionally engage in conduct which would constitute a crime if the facts were as he believed them to be
ii. Penalty – same degree as the crime attempted.

Front 27

Attempt – how to determine degree

Back 27

attempt is an offense of the same degree as the most serious offense which the accused is found guilty of attempting.

Front 28

Is renunciation a defense to the inchoate offenses of solicitation, attempt and conspiracy in Delaware?

Back 28

Yes, it is an affirmative defense – D bears the BOP. Renunciation must be voluntary and complete and the D must prevent the commission of the crime if it is to actually go forward.

Front 29

Assault – first degree

Back 29

Intentionally causes serious physical injury AND presence one of the following special factors:
(a) With deadly weapon/dangerous instrument;
(b) Against law enforcement/corrects/fireman/emergency care worker
(c) Victim is 62 or older
OR
Reckless conduct which causes a “substantial risk of death” resulting in a serious physical injury
OR
Intentionally or recklessly causes serious physical injury while engaged in/attempting/ or flight from any felony

Front 30

Assault – second degree

Back 30

Recklessly or intentionally causing one of the following:
(a) Serious physical injury;
(b) Physical injury with special conditions (w/ deadly weap; against law enforcement; or 62+ victim);
(c) Physical injury to a pregnant female;
(d) Physical injury by an adult of a child less than 6;
(e) Intentionally uses chemical spray while engaged in a crime

Front 31

Assault – third degree

Back 31

Recklessly or intentionally causing:
(a) physical injury; OR
(b) criminal negligence with weapon causing physical injury

Front 32

Offenses related to assault (5)

Back 32

Offensive touching
Menacing
Disorderly conduct
Resisting arrest
Abuse of pregnant female

Front 33

Offensive touching

Back 33

Likely to cause offense or alarm;
By intentionally touching someone
(related to assault)

Front 34

Menacing

Back 34

Places another in fear or imminent physical injury;
By some movement of their body or any instrument
(related to assault)

Think: apprehension

Front 35

Disorderly conduct

Back 35

Intentionally causing public inconvenience, annoyance or alarm by:
(a) violent actions;
(b) unreasonable or offensive noise;
(c) disturbing a lawful assembly or meeting;
(d) obstructing vehicle or pedestrian traffic;
(e) refusing to comply with police order to disperse;
(f) creating a hazardous condition for no legitimate purpose;
(g) wearing hoods or masks for purpose of depriving person of constitutional rights
(related to Assault)

Think - disturbing the peace

Front 36

Resisting arrest

Back 36

Intentionally prevents or attempts to prevent an officer from effecting an arrest or detention (flees from officer)
(related to assault)

Front 37

Abuse of pregnant female – second degree

Back 37

(a) In the course of or in furtherance of the commission of assault 3rd degree or any violent felony; AND
(b) Against a pregnant female; AND
(c) Recklessly and without her consent causes the unlawful termination of her pregnancy
(related to assault)

Front 38

Abuse of pregnant female – first degree

Back 38

(a) In the course of or in furtherance of the commission of assault 3rd degree or any violent felony;
(b) Against a pregnant female
(c) INTENTIONALY and without her consent causes the unlawful termination of her pregnancy
(related to assault)

Front 39

Kidnapping – elements and degrees (2)

Back 39

1. Unlawful restrain for:
a. Ransom or reward, or
b. Shield or hostage, or
c. To facilitate a felony or
d. To inflict personal injury or sexual abuse, or
e. To terrorize victim, or
f. To take or entice a child less than 18 from lawful parent or guardian

Degree depends on whether or not the victim is released prior to trial alive, unharmed and in a safe place:
**First degree – perpetrator DOES NOT voluntarily release the victim alive, unharmed and in a safe place prior to trial
** Second Degree – perp DOES voluntarily release the victim alive, unharmed and in a safe place prior to trial

Front 40

kidnapping – related offenses (2)

Back 40

unlawful imprisonment
interfere with custody

Front 41

Unlawful imprisonment – elements and degrees (2)

Back 41

Unlawful restraint (2d degree)
With exposure to risk of serious physical injury (1st degree)
(related to kidnapping)

Front 42

Interfere with custody

Back 42

(a) Relative of child; and
(b) Child less than 16; and
(c) No legal right to have possession of child

OR

w/o legal right, takes or entices any incompetent person from lawful custody of another person or institution
(related to kidnapping)

Front 43

ARSON – elements and degrees (3)

Back 43

(a) damage by fire or explosions
(b) Building

Degrees:
*First degree – intentional damage by fire or explosion AND perp knowledge or reasonable possibility of another person in the building (accomplices inside don’t count)
*Second degree - Intentionally damage by fire or explosion
*Third degree – reckless damage

Arson related offenses (2)
Reckless burning
Criminal mischief

Front 44

reckless burning

Back 44

(a) intentionally starts a fire or explosion AND
(b) recklessly places a building or other real or personal property of another in danger of destruction or damage or places another person in danger or physical injury
(related to arson)

Front 45

Criminal mischief

Back 45

intentionally OR recklessly damaging tangible property of another (if $5000 or more, felony)

Front 46

Burglary – elements and degrees (3)

Back 46

General element:
Entering or remaining unlawfully

First degree:
(a) dwelling
(b) at night
(c) with intent to commit crime therein; AND
(d) when entering or fleeing is armed with deadly weapon or causes physical injury to non-participant

Second degree:
(a) dwelling with intent to commit crime; OR
(b) building and upon entry or in fleeing is armed with deadly weapon or causes physical injury to a non-participant

third degree
(a) building with intent to commit crime

Front 47

Criminal trespass elements and degrees (3)

Back 47

Common element:
Knowingly enters or remains unlawfully in a building

FIRST DEG:
(a) building used to shelter, house, milk, raise, breed, feed, study or exhibit animals or
(b) dwelling
SECOND DEG:
(a) building or real estate fenced in to exclude intruders
THIRD DEG
(a) real estate

Front 48

Robbery – elements and degrees (2)

Back 48

Gen elements:
(a) theft;
(b) Use of or threatening use of force; AND
(c) To prevent or overcome resistance/compel giving up of the property

first degree:
Adds
(a) Physical injury to another OR
(b) D displays what appears to be a deadly weapon during commission OR victim is 62 or older

Second degree:
Adds nothing

Front 49

Do theft and robbery merge?

Back 49

Yes

Front 50

Do robbery and weapons offenses (PDWDCF or PFDCF) merge?

Back 50

yes

Front 51

Theft (elements and felony/misD distinction)

Back 51

Elements:
(a) Take, exercise control over or obtain;
(b) Property of another; AND
(c) Intending to deprive or appropriate

THEFT is the DE equivalent of CL larceny

CLASSIFICATION:
Less than $1500- MisD
$1500 or more – felony
Victim is 62 or older – felony

Front 52

Shoplifting

Back 52

Theft from mercantile establishment

Front 53

Receiving stolen property

Back 53

(a) Knowing or believing that property has been acquired under circumstances amounting to theft; OR
(b) Acquired substantially below reasonable value (knowledge or prior element presumed)

Front 54

Identity theft

Back 54

(a) Knowingly or recklessly
(b) Obtains, produces, possesses, uses, sells, gives or transfers personal info of another person w/o consent
(c) With intent to use to commit or facilitate any crime
(d) Or to facilitate the use by a third person to commit a crime

Front 55

Theft of a prescription pad

Back 55

(a) Possession by an individual who is not an authorized practitioner
(b) Takes, exercises control over, obtains, uses, transfers, gives or sells prescription pad
(c) To facilitate drug diversion

Front 56

Forgery – elements and degrees (3)

Back 56

General elements:
Intending to defraud, deceive or injure another person, one:
(a) alters any written instrument of another without authority; OR
(b) makes, completes, executes, authenticates, issues or transfers any written instrument which purports to be the act of another who has not authorized the act

first degree - Forgery involving:
(a) an issue of money, stamps, securities or valuable instruments ISSUED BY THE GOVERNMENT; OR
(b) Stocks, bonds and other instruments ISSUED BY A CORPORATION

Forgery – Second degree - Forgery involving
(a) deeds, wills, contracts, CHECKS, or other instruments that creates/transfers/affects a LEGAL RIGHT; OR
(b) public records; OR
(c) medical prescriptions

Forgery – Third Degree - Forgery involving all other docs

Front 57

Forgery related statutes (5)?

Back 57

Unlawful use of credit card
Issuing a bad check
Criminal impersonation
Insurance fraud
Home improvement fraud

Front 58

Extortion

Back 58

To compel or induce another to deliver property by instilling fear of:
(a) physical injury
(b) property damage
(c) criminal conduct
(d) accusing of crime
(e) exposure of secret
(f) falsely testifying
(g) misuse of reputation
(h) financial condition
(i) safety
(j) business
(k) career
(l) personal relationship

Front 59

Bribery

Back 59

Offers, confers or agrees to give a benefit to public servant upon an agreement or understanding for official’s vote, action, exercise of discretion, or for appointment to public office

Front 60

Receiving a Bribe

Back 60

Public servant solicits, accepts or agrees to accept a personal benefit upon an agreement or understanding for official’s vote, action, exercise of discretion, or for appointment to public office

Front 61

Perjury – elements and degrees (3)

Back 61

Common element:
Swears falsely

First degree: False statement consisting of TESTIMONY and is MATERIAL

Second degree:
(a) written instrument UNDER OATH; AND
(b) intent to mislead PUBLIC SERVANT; AND
(c) MATERIAL

Third degree: no additional elements – just swears falsely

Front 62

carrying a concealed deadly weapon (CCDW)

Back 62

(a) concealed
(b) deadly weapon
(c) upon or about his person (i.e. immediately availability or accessibility)
(d) Without license

Front 63

Lesser included offense of CCDW?

Back 63

carrying concealed dangerous instrument

Front 64

Possession of deadly weapon during commission of a felony (PDWDCF)

Back 64

(a) possession of deadly weapon
(b) during commission of a felony

Front 65

PDWDCF – related statute?

Back 65

Possession of a firearm during commission of a felony

Firearm includes any weapon from which a shot, projectile, or other object may be discharged by force or combustion, whether OPERABLE OR INOPERABLE, LOADED OR UNLOADED

Front 66

Possession of Deadly Weapon by Person Prohibited (PDWPP)

Back 66

An individual may not possess, purchase, own or control a deadly weapon if individual has:
(a) conviction of prior felony or misDs involving crimes or violence and physical injury
(b) prior commitment to mental institution unless certified as no longer in need of treatment
(c) conviction, use or possession of a drug
(d) delinquent juvenile involving crime that are adult felonies
(e) any juvenile if deadly weapon is a handgun, unless to engage in lawful hunting, sporting or recreational activity under supervision of an adult
(f) person subject to protection from abuse order from Family Court (PFA)
(g) prior conviction for a crime involving domestic violence

Front 67

PDWPP – related statutes (4)

Back 67

Bombs and explosives
Giving a firearm to person prohibited
Unlawfully permitting a minor access to firearm
Possession of weapon in safe school/recreation zone

Front 68

Bombs and explosive devices

Back 68

Manufactures, uses, possesses or transports any bomb, incendiary device, designed to explode with intent to cause bodily harm or property damage

Front 69

Giving a firearm to person prohibited:

Back 69

Straw purchaser statute

Front 70

Unlawfully permitting a minor access to a firearm:

Back 70

Intentionally or recklessly storing or leaving a LOADED firearm within the reach of easy access of a minor AND the minor obtains the firearm and used it to inflict death or serious physical injury upon the minor or any other person

Front 71

Possession of a weapon in a safe school/recreation zone (w/in 1000 feet):

Back 71

Increase penalty by one grade
Student may be expelled

Front 72

Delivery – possession with intent to distribute (elements and lesser included offense)

Back 72

Critical elements:
(a) delivery or PWID (substance will be more than for personal use and/or will be packaged up
(b) controlled substance
____a. controlled substances are:
______i. narcotic 1 – crack cocaine heroine
______ii. narcotic 2 - marijuana

Lesser included offense:
Possession of controlled substance – misdemeanor

Front 73

Delivery/ PWID related offenses (3)

Back 73

Possession of controlled substance – misdemeanor, merges with PWID
Possession of hypodermic needles and syringes – doesn’t merge with PWID
Possession of drug paraphernalia – doesn’t merge with PWID

Front 74

Trafficking in illegal drugs

Back 74

Elements – possession of a specific quantity of drugs (if not reached, not trafficking):
1. crack – 10 grams
2. marijuana – 5lbs
3. heroin – 2.5 grams
4. PCP – 5 grams
5. LSD – 50 doses

Front 75

does trafficking merge with PWID?

Back 75

No!

Front 76

is D’s knowledge of the weight of the drugs in his/her possession a defense to trafficking?

Back 76

No!

Front 77

delivery/ possession of illegal drugs w/in 1000ft of School or 300ft of park/church

Back 77

only element: simple possession
No merger.

Front 78

is D’s knowledge of how far away s/he was from school, park or church a defense to possession in a school/park church zone?

Back 78

No!

Front 79

Use of vehicle/residence to keep controlled substances

Back 79

Elements:
(a) Knowingly keeping or maintaining
(b) Drugs in a dwelling, building, vehicle, boat, aircraft (ownership of vehicle/residence irrelevant)
(c) No merger with PWID, trafficking

Front 80

DUI – elements

Back 80

(a) Driving or in actual physical control of vehicle (keys in ignition);
(b) while under influence of Alcohol/drugs
(c) BAL of .08 or more

Front 81

Vehicular assault – elements and degrees (2)

Back 81

Elements:
(a) driving vehicle
(b) negligence causes injury

degrees:
1st degree – DUI and negligence causes serious physical injury (if death occurs become vehicular homicide 1st degree)
2nd degree – negligence causes SPI or DUI causes minor injuries

Front 82

Exploitation of an infirm adult

Back 82

Essential elements:
(a) illegal or improper use of individual’s resources or rights
(b) infirm adult AND
(c) value exceed $500

Front 83

Stalking / harassment – elements

Back 83

Elements
(a) course of conduct (repeatedly – more than 3 times – maintain visual proximity or repeatedly conveying written/verbal threats
(b) directed at a specific person
(c) reasonable fear of physical injury/damage to property/or employment, business or career threatened AND
(d) the D’s conduct induces such reasonable fear

Front 84

Stalking – related offenses (2)

Back 84

1. Harassment – MISDEMEANOR. Intending to harass, annoy or alarm another D’s insults, taunts or challenges the individual in a manner likely to provoke a violent or disorderly response OR calls/emails in manner likely to cause annoyance or alarm.
2. Hate Crimes – commits crime and intentionally selects V based on race, gender, religion, ect.

Front 85

Conspiracy – elements and degrees (3)

Back 85

Elements
(a) agreement by at least 2 ppl to commit a criminal activity AND
(b) at least one of them commits an overt act

degrees:
first deg – class a felony (murder/rape)
second deg – all other felonies (arson burglary)
third deg – misD

Front 86

True/false: it does not matter if D is convicted of crime for which he is charged with conspiracy?

Back 86

True. D can still be guilty for conspiracy even if he’s not convicted of the underlying offense

Front 87

true/false: If D is charged with conspiracy and the other person was a Police Officer or informant who was merely feigning agreement, D cannot be convicted of conspiracy.

Back 87

False.

Front 88

Attempt – elements and degrees

Back 88

intentional act (or omission), which is substantial step in a course of conduct planned to culminate in the commission of a crime

Front 89

is mistake a defense to attempt?

Back 89

No it is also attempt to intentionally engage in conduct which would constitute a crime if the facts were as he believed them to be

Front 90

how to assess penalty for attempt?

Back 90

same degree as underlying offense

Front 91

attempt – related offenses (1)

Back 91

Solicitation

Front 92

Solicitation – elements and degrees (3)

Back 92

Solicitation – solicits, requests, commands or otherwise attempts to cause another to commit a crime
a. 1st Degree – crime solicited is Class A Felony
b. 2nd Degree –crime solicited is other felony
c. 3rd Degree – crime solicited is misdemeanor.

Front 93

reckless endangering – elements and degrees (2)

Back 93

elements:
recklessly engages in conduct which creates a substantial risk of _________________

degrees:
first degree – conduct creates a substantial risk of death (presence of handgun gives rise)
second degree – conduct creates a substantial risk of physical injury

Front 94

carjacking – elements and degrees (2)

Back 94

elements:
knowingly taking possession of a motor vehicle from another person without permission

degrees:
first degree – includes special factors during commission of offense:
1. D commits/attempts a felony, DUI, Drug offense;
2. D displays what appears to be a deadly weapon;
3. D causes physical injury to another; OR
4. V is older than 62 or younger that 14.
Second degree – no special factors

Front 95

is it a defense to carjacking that D didn’t actually drive the car?

Back 95

No. As long as D took possession w/o permission of the owner, he is guilty.

Front 96

is it a defense to carjacking that while D took the car w/o the owner’s permission, he didn’t intend to permanently deprive the owner thereof?

Back 96

Nope.

Front 97

Endangering welfare of a child

Back 97

(a) being a parent/guardian or caretaker of a child (>18):
___a. knowingly in a manner likely to be injurious to physical/moral welfare of the child;
___b. intentionally acts/fails to act with the result that the child becomes neglected;
(b) knowingly contributing to delinquency of child or failing to act such that the child becomes delinquent;
(c) knowingly encouraging, aiding or abetting, or conspiring with a child to run away from the home of parents/guardians;
(d) illegally harboring a runaway;
(e) committing any violent felony, reckless endangerment, assault, terroristic threats, or unlawful imprisonment and such actions were witnessed by a child of V’s family (i.e. break into V’s house and child is there, D guilty of endangering welfare)
(f) committing DUI and child is present in vehicle; OR
(g) committing any drug offense in any dwelling knowing that child is present

Front 98

endangering welfare of child – related offenses (3)

Back 98

1. Sexual Exploitation of Child – knowingly taking photos/film of child engaging in prohibited sexual act or in the simulation of such act or financing or producing such film/photos
2. Possession of Child Porn – knowingly
3. Sexual Solicitation of Child – a person over 18 intentionally or knowingly solicits a child under 16 to engage in sexual act or meet w such person for that purpose.

Front 99

terroristic threatening – elements

Back 99

(a) threatening to commit crime likely to result in death or serious injury to another;
(b) committing an act w/ intent of causing individual to believe they have been exposed to a substance that would cause serious injury; OR
(c) makes false statements likely to cause evacuation of bldg, serious inconvenience or reckless disregard of causing terror or serious inconvenience

Front 100

rape – first degree

Back 100

intentional sexual INTERCOURSE:
(a) w/o victim’s consent during crime or flight, or in preventing V from reporting crime causes physical injury or serious mental or emotional injury;
(b) w/o victim’s consent and facilitated by or occurred during the course of or attempted commission of:
___a. any felony
___b. certain misdemeanors:
_____i. reckless endangering second
_____ii. assault third
_____iii. terroristic threatening
_____iv. unlawfully administering drugs
_____v. unlawful imprisonment second
_____vi. criminal trespass
(c) in the course of committing rape of a lesser degree, D displays a deadly weapon or dangerous instrument;
(d) V less than 12 and D is older that 18

Front 101

rape-second degree

Back 101

(a) Intentional sexual INTERCOURSE without victim’s consent; OR
(b) intentional PENETRATION (oral or object); AND
___a. w/o victim’s consent (or V less than 16) and during crime or flight, OR in seeking to prevent victim from reporting crime, D causes serious injury; OR
___b. w/o victim’s consent (or v less than 16) and D displays a deadly weapon; OR
___c. V less than 12 and D is 18 or older; OR
___d. w/o victim’s consent and instituted by or occurred during commission of:
_____i. any felony; OR
_____ii. certain Misdemeanors:
_________1. reckless endangering second
_________2. assault third
_________3. terroristic threatening
_________4. unlawfully administering drugs
_________5. unlawful imprisonment second; OR
_________6. criminal trespass

Front 102

rape – third degree

Back 102

(a) intentional sexual INTERCOURSE and:
___a. V is less than 16 and D is at least 10 years older; OR
___b. V is less than 14 and D is 19 or older
(b) Intentional sexual PENETRATION and:
___a. w/o victim’s consent (or V less than 16) and during commission or flight from crime; OR
___b. during attempt to prevent reporting of crime, which causes serious physical or emotional injury to V

Front 103

rape – fourth degree

Back 103

(a) Intentional INTERCOURSE and victim >16
(b) Intentional INTERCOURSE and victim > 18 and D is at least 30 (unless D and V are married)
(c) Intentional PENETRATION w/o consent (or V less than 16) excludes Doctors/Nurses/law enforcement if during course of their jobs

Front 104

Rape – related offenses (4):

Back 104

Unlawful sexual contact: D causes V to have sexual contact (no penetration req’d) with him or 3d person

Degrees:
First degree - in course of committing displays weapon or causes injury

Second degree – intentional sex contact with V under 16

Third degree – D knows contact is offensive or occurs without V’s consent

Sexual harassment – threats to engage in conduct likely to result in commission of sex offense OR continuous requests/inducements knowing he is likely causing harm or annoyance

Continuous sexual abuse of child – intentional, 3 or more acts, V under 14 and occurring over three month period

Indecent exposure – exposure likely to cause affront or alarm

Front 105

Murder – first degree

Back 105

(a) Intentionally causing death of another; OR

(b) recklessly causes death while engaged in commission of a felony; OR

(c) Intentionally causes another to commit suicide by force or duress; OR

(d) Recklessly cause death of law enf. Officer; OR

(e) Death caused by bomb; OR

(f) Death caused in order to avoid or prevent lawful arrest or in the course of escape

Front 106

Murder – second degree

Back 106

Recklessly causing death of another; OR

Intentionally causing death under extreme emotional distress

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manslaughter

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recklessly causes death; OR

intentionally causes death under extreme emotional distress (provocation, frenzy of mind); OR

intending to cause serious physical injury, D causes death by means that a reasonable person would know would likely cause death; OR

intentionally causing another to commit suicide (no force needed)

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criminally negligent homicide

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criminal negligence causes death

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murder by abuse/neglect – degrees (2)

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first degree – recklessly causes death of child <14 and engaged in prior patterns of abuse of neglect

second degree – crim negligence causes death through abuse or neglect