De Criminal Law

Front 1

Assualt - First Degree

Back 1

1) intentionally causing serious physical injury:
-with a deadly weapon / dangerous instrument
-against law enforcement / corrections / fireman / emergency care worker
- 62 years old or older

2) reckless conduct which causes a "substantial risk of death" resulting in a serious physical injury

3) intentionally or recklessly causing serious physical injury while engaged in / attempting / or flight from a felony

Front 2

Assault - Second Degree

Back 2

RECKLESSLY or INTENTIONALLY causing:
1) Serious Physical Injury
2) Physical Injury of someone 62+
3) Physical Injury of a law enforcement / corrections / fireman / emergency care worker
4) Physical Injury to a Pregnant Female
5) Physical Injury by an adult of a child < 6.

Intentionally using a chemical spray while engaged in a crime.

Front 3

Assault - Third Degree

Back 3

Recklessly or intentionally causing physical injury

or

Criminal Negligence with a weapon causing physical injury

Front 4

Offensive Touching

Back 4

Intentionally touching another person such that it is likely to cause offense or alarm.

Front 5

Disorderly Conduct

Back 5

Intentionally causing public inconvenience, annoyance or alarm by:
-VIOLENT ACTIONS
-unreasonable or offensive NOISE
-disturbing a lawful assembly or MEETING
-obstructing vehicle or pedestrian TRAFFIC
-refusing to comply with police order to DISPERSE
-creating a HAZARDOUS CONDITION for no legitimate purpose
-wearing HOODS or masks for purpose of depriving person of their Constitutional Rights

Front 6

Resisting Arrest

Back 6

Intentionally preventing or attempting to prevent an officer from effecting an arrest or detention or fleeing from an officer

Front 7

Abuse of a Pregnant Female - First Degree

Back 7

INTENTIONALLY abusing a female and
WITHOUT CONSENT Causing the unlawful termination of pregnancy
that occurs in the course of / furtherance of / or attempt of a 3d Degree Assault or any Violent Felony

(It is not a defense that defendant did not know victim was pregnant)

Front 8

Abuse of a Pregnant Female - Second Degree

Back 8

RECKLESSLY abusing a female and
WITHOUT CONSENT Causing the unlawful termination of pregnancy
that occurs in the course of / furtherance of / or attempt of a 3d Degree Assault or any Violent Felony

(It is not a defense that defendant did not know victim was pregnant)

Front 9

Kidnapping - First Degree

Back 9

Unlawful restraint of a person for a particular purpose:
1) ransom or reward
2) shield or hostage
3) to facilitate a felony
4) to inflict physical injury or sexual abuse
5) to terrorize the victim
6) taking a child <16 from lawful parent / guardian

AND

Does not voluntarily release the victim alive, unharmed and in a safe place prior to trial.

Front 10

Kidnapping - First Degree
Punishment?

Back 10

Class B Felony: 2 to 20 years

Front 11

Kidnapping - Second Degree

Back 11

Unlawful Restraint for a particular purpose:
1) ransom or reward
2) shield or hostage
3) to facilitate a felony
4) to inflict physical injury or sexual abuse
5) to terrorize the victim
6) taking a child <16 from lawful parent / guardian

AND

Voluntarily releases the victim alive, unharmed and in a safe place prior to trial.

Front 12

Kidnapping that involves unlwaful sexual contact or rape?

Back 12

Unlawful sexual contact or rape is "harm" and will classify a kidnapping as first degree.

Front 13

Kidnapping - Second Degree
Punishment?

Back 13

Class C Felony - 0 to10 years

Front 14

Unlawful Imprisonment - First Degree

Back 14

Unlawful restraint

with exposure to risk of serious physical injury

Front 15

Unlawful Imprisonment - Second Degree

Back 15

Unlawful Restraint

Front 16

Interference with Custody

Back 16

Taking a Child and
1) Relative of the Child
2) Child is < 16
3) No legal right to have possession of the child

Front 17

Arson - First Degree

Back 17

Intentional damage of a building by fire or explosion
and
Knowledge or reasonable possibility a person (other than an accomplice) is in the building

Front 18

Arson - Second Degree

Back 18

Intentional damage of a building by fire or explosion.

Front 19

Arson - Third Degree

Back 19

Reckless damage to a building by fire or explosion.

Front 20

Reckless Burning

Back 20

Intentionally starting a fire or explosion
AND
recklessly places property of another in danger of destruction or damage or places another person in danger of physical injury

(property can be building, real property, personal property)

Front 21

Criminal Mischief - Misdemeanor

Back 21

Intentionally or recklessly damaging tangible property, worth less than $5k, of another.

Front 22

Criminal Mischief - Felony

Back 22

Intentionally or recklessly damaging tangible property, worth $5k or more, of another.

Front 23

Burglary - First Degree

Back 23

Enter or remain unlawfully
in a dwelling
at night
with intent to commit a crime
and
entry or fleeing is armed with deadly weapon or causes physical injury

Front 24

Burglary - First Degree
Punishment?

Back 24

Class C Felony
10 years

Front 25

Burglary - Second Degree

Back 25

1) Enter or remain unlawfully
in a dwelling with intent to commit a crime

OR

2) enter or remain unlawfully in a building with intent to commit a crime and entry or fleeing is armed with deadly weapon or causes physical injury

Front 26

Burglary - Second Degree
Punishment?

Back 26

Class D Felony
8 Years

Front 27

Burglary - Third Degree

Back 27

Enter or remain unlawfully in a building with intent to commit a crime.

Front 28

Burglary - Third Degree
Punishment?

Back 28

Class F Felony
3 years

Front 29

Criminal Trespass - First Degree

Back 29

Knowingly enter or remain unlawfully in a dwelling
or a building used to shelter, house, milk, raise, breed, feed, study or exhibit animals

Front 30

Criminal Trespass - Second Degree

Back 30

Knowingly enter or remain unlawfully in a building or real estate that is fenced in to exclude intruders.

Front 31

Criminal Trespass - Third Degree

Back 31

Knowingly enter or remain unlawfully on real estate.

Front 32

Possession of Burglar's Tools

Back 32

Possesses any tool, instrument, or other thing adapted, designed, or commonly used for committing or facilitating:

-offenses involving unlawful entry
-offenses involving forcible breaking or opening
-offenses involving unlocking or overriding or disabling security devices
-identity theft

under circumstances evidencing an intent to use or knowledge that another intends to use to facilitate a theft

Front 33

Robbery - Second Degree

Back 33

Theft and
Use of or threatening use of force
to prevent or overcome resistance / compel giving up of the property
(*theft and robbery do not merge)

Front 34

Robbery - First Degree

Back 34

Robbery in the Second Degree and

-physical injury to another
-displays what appears to be a deadly weapon or represents by words / conduct that they possess a deadly weapon
-is armed with / uses / or threatens the use of dangerous instrument or
-victim is 62 years old or older

Front 35

Robbery - First Degree
Punishment?

Back 35

Class B Felony
2 to 20 years

Front 36

Theft - Misdemeanor

Back 36

Take, exercise control over or obtain

Property of another

With intent to deprive or appropraite the property

AND

property is worth less than $1500

Front 37

Theft - Felony

Back 37

Take, exercise control over or obtain

Property of another

With intent to deprive or appropraite the property

AND

property is worth $1500 more more or victim is 62+

Front 38

Shoplifting

Back 38

Theft from a mercantile establishment

Front 39

Receiving Stolen Property

Back 39

Knowing or believing that property has been acquired under circumstances amounting to theft

or

property acquired substantially below reasonable value (knowledge is presumed)

Front 40

Identity Theft

Back 40

Knowingly or recklessly

obtaining, producing, possessing, using, selling, giving or transfering personal identifying information belonging or pertaining to another person without consent

with intent to use to commit or facilitate any Title 11 offense

or to facilitate the use by a third person to commit a crime

Front 41

Forgery - General Elements

Back 41

Altering another's written instrument without authority
OR
MAKING, completing, executing, authenticating, issuing or TRANSFERING any written instrument which purposts to be the act of another person who has not authorized the act

With intent to defraud, deceive or injur another person

Front 42

Forgery - First Degree

Back 42

Forgery involving:

VALUABLE INSTRUMENTS ISSUED BY A GOVERNMENT (written instrument involving the issue of money, stamps, securities, or valuable instruments issued by the government)

or

CORPORATE INSTRUMENTS (stocks, bonds and other instruments of a corp.)

Front 43

Forgery - First Degree
Punishment?

Back 43

Class F Felony
3 Years

Front 44

Forgery - Second Degree

Back 44

Forgery involving:

PERSONAL INSTRUMENTS THAT TRANSFER RIGHTS (deeds, wills, contracts, checks or other instruments which create, transfer, terminate or otherwise affect a legal right, interest or obligation)

or PUBLIC RECORDS

or PRESCRIPTIONS

Front 45

Forgery - Second Degree
Punishment?

Back 45

Class G Felony
2 Years

Front 46

Forgery - Third Degree (misdemeanor)

Back 46

Forgery involving:

Any document not covered by first or second degree.

(Restitution required)

Front 47

Other Forgery-related Statutes?

Back 47

Unlawful Use of a Credit Card
Issuing a Bad Check (10 days to make good)
Criminal Impersonation (impersonation to obtain benefit or defraud)
Insurance Fraud
Home Improvement Fraud

Front 48

Extortion

Back 48

Compel another to deliver property by threat of:
-physical injury
-property damage
-criminal conduct
-accusing of crime
-exposre of secret
-falsely testifying
-misuse of position by public official
-harm to reputation, financial condition, safety, business, career, personal relationship

Front 49

Bribery

Back 49

Offer, confer or agree to give a benefit to a public servant
in exchange for the official's vote, action, exercise of discreation, or appointement to public office

or

public servant solicits, accepts, or agrees to accept a personal benefit in exchange for...

Front 50

Perjury - First Degree

Back 50

(swear falsely)

Give false, material testimony.

Front 51

Perjury - Second Degree

Back 51

(swear falsely)

Material, false written instrument made under oath with intent to mislead a public servant

Front 52

Perjury - Third Degree
Punishment ?

Back 52

Class A Midemeanor
1 Year

Front 53

Perjury - Third Degree

Back 53

Swear Falsely

Front 54

Can you retract your false statement? (perjury)

Back 54

yes, but only before its false nature substantially affects the proceedings and before its false nature is exposed

Front 55

Carrying a Concealed Deadly Weapon (CCDW)

Back 55

Carrying a concealed deadly weapon such that it is immediately available / accessible, without a license

Class G Felony - 2 Years

Note: Not a less included offense of Possession of a Deadly Weapon During the Commission of a Felony

Front 56

Carrying a Concealed Dangerous Instrument (CCDI)

+Punishment

Back 56

Carrying a concealed dangerous instrument such that it is immediately available / accessible

Class A Misdemeanor

Front 57

Possession of a Deadly Weapon During the Commission of a Felony

Back 57

Possession of a Deadly Weapon During the Commission of a Felony

Does not merge and can't serve sentences concurrently.

Note, must be during commission of a FELONY - not a misdemeanor.

Front 58

Possession of a Firearm During the Commission of a Felony

Back 58

A firearm includes any weapon from which a shot, projectile or other object may be discharged by force of combustion, explosive gas and/or mechanic means whether operable or inoperable, loaded or unloaded.

Front 59

Possession of a Deadly Weapon by a Person Prohibited

Back 59

May not purchase, possess, own or control a deadly weapon if:

-conviction of prior felony (incl. drug felonies) or misdemeanors involving crimes of violence and physical injury
-prior commitment to a mental institution unless certified as no longer in need of treatment
-conviction of use, possession of drugs
-delinquent juvenile involving crimes that are adult felonies (until age 25)
-any juvenile if deadly weapon is a handgun, unless to engage in lawful hunting, sporting or recreational activity under adult supervision
-person subjec tto a protection from abuse order from family court
-prior conviction for a crime involving domestic violence

Front 60

Bomb and Explosive Device Statute

Back 60

Prohibits manufacture, transfer, use, possession, or transportation of any bomb, incendiary device, molotov cocktail or device designed to explode with intent to cause bodily harm or property damage

If 16 years old or older, then tried as an adult

Front 61

Giving a Fireman to Person Prohibited Statute

Back 61

Prohibits a person from acting as a "straw man" - acquiring a firearm for a person prohibited and giving it to them

Front 62

Unlawfully Permitting a Minor Access to a Firearm

Back 62

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

Front 63

Possession of a Weapon is a Safe School and Recreation Zone

Back 63

Possession of a weapon within 1000 feet of school and recreation zone; particularly used to address handguns in schools by juveniles
Increases penalty by a grade and student gets expelled

Front 64

Delivery or Possession with Intent to Deliver

Back 64

Delivery of a controlled substance, or possession of controlled substance with intent to deliver

Lesser Included Offense? Possession (a misdemeanor)

Front 65

Possession

Back 65

Possession of a controlled substance - a lesser included offense of delivery or possession with intent to deliver

Front 66

Possession of Hypodermic Needles and Syringe

Back 66

Possession of Hypodermic Needles and Syringe

Front 67

Possession of Drug Paraphanelia

Back 67

Possession of Drug Paraphanelia

Front 68

Trafficking

Back 68

possession of a certain drug + the corresponding amount of that drug = trafficking (there's a whole list of type of drug and the amount)

Cocaine - 10 grams
Marijuana - 5 pounds
Heroin - 2.5 grams
PCP - 5 grams
LSD - 50 doses

The more you have, the greater your sentence.

Front 69

Delivery / Possession within 1000 Feet of a School or
300 Feet of a Park or Place of Worship

Back 69

Possession within 1000 Feet of a school or 300 feet of a park (park includes places of worship)

Does not merge

Front 70

Use of a Vehicle or House to Keep Controlled Substances

Back 70

Knowingly keep or maintain
a building or vehicle
for keeping or delivering drugs

Front 71

Driving Under the Influence (DUI)

Back 71

Influence of alcohol / drugs
.08 or more
driving / actual physical control of car

Front 72

Vehicular Assault - First Degree

Back 72

Driving a vehicle, under the influence of alcohol / drugs and negligence causes serious physical injury

Front 73

Vehicular Assault - Second Degree

Back 73

Driving a vehicle and negligently causing a serious physical injury (no DUI)
or
Driving under the influence and negligently cause physical injury

Front 74

Exploitation of an Infirm Adult

Back 74

Illegal or improper use of an individual's resources or rights

Infirm Adult

Value Exceeded $500

Front 75

Stalking

Back 75

a course of conduct of 3 or more separate incidents

directed at a specific person

reasonable fear of physical injury (to himself or others)

reasonable suffering other significant mental anguish or distress (not necessariy requiring professional treatment or counseling)

Front 76

Harassment

Back 76

Intending to harass, annoy or alarm another via insult, taunt or challenge in a manner likely to provoke a violent or disorderly response
or
communicates by phone or other written or electronic means in a manner likely to cause annoyance or alarm (includes obscene language and anonymous telephone calls)

Front 77

Hate Crime

Back 77

a crime convicted against a victim because of their race, religion, color, disability, naitonal origin or ancestry or to interfere with the victim's exercise of first amendment rights
Effect? increases classification of underlying crime to next higher class

Front 78

Conspiracy

Back 78

Agreement with another person to engage in criminal conduct (statute doesn't actually require overt act, but discuss)
Agreement to aid another person in planning or commmitting crime

+ an overt act

Front 79

Conspiracy - First Degree
Conspiracy - Second Degree
Conspiracy - Third Degree

Back 79

1st Degree - Crime is a Class A Felony (murder or rape)
2nd Degree - crime is a felony (other than a Class A felony)
3d Degree - Crime is a misdemeanor

Front 80

Attempt

Back 80

An intentional act that is a substantial step towar the commission of a crime

or a course of conduct planned to culminate in the commission of a crime

Front 81

Criminal Solicitation

Back 81

solicit, request, commands or otherwise attempt to cause anothe rperson to engage in conduct constituting a crime

Front 82

Criminal Solicitation - First Degree
Criminal Solicitation - Second Degree
Criminal Solicitation - Third Degree

Back 82

1st Degree - Crime solicited is a Class A felony (murder or rape)
2nd Degree - other felonies
3d Degree - misdemeanor

Front 83

Reckless Endangering - First Degree

Back 83

Recklessly engaging in conduct which creates a substantial risk of death.

Front 84

Reckless Endangering - Second Degree

Back 84

Recklessly engaging in conduct which creates a substantial risk of physicla injury to another person.

Front 85

Menacing

Back 85

Intentionally placing another in fear of immediate physical injury via movement of body or any instrument.

Front 86

Aggravated Menacing

Back 86

Menacing + displaying what appears to be a deadly weapon

Front 87

Carjacking - Second Degree

Back 87

Knowingly and unlawfully taking possession of a motor vehicle from another person
AND
the possession or control occurred by coercion, duress, or otherwise without hte permission of the other person

Front 88

Carjacking - First Degree

Back 88

Carjacking 2nd Degree and while D is still in control or possession of the vehicle:
- D commits or attempts a class D or greater felony
-D drives under the influence
-D commits a drug offense
-D displays what appears to be a deadly weapon or by word or conduct represents that they possess a deadly weaspon
-D causes physical injury to another
-the person who was jacked is taken or an occupant or passenger of the vehicle is 62 older or is 14 or younger

Front 89

Endangering the Welfare of a Child - 1 of 6

Back 89

Being a parent, guardian or any other person who has assumed responsibility for the care or supervision of a child less than 18 yeas old and the person:
-knowingly acts in a manner likely to be injurious to the physical, mental or moral welfare of the child; or
-intentionally does or fails to do any act, with the result that the child becomes a neglected child

Front 90

Endangering the Welfare of a Child 2-3 of 6

Back 90

Knowingly contributing to the delinquency of a child by doing or faliing to do any act w/ the result alone or in conjunction w/ other acts or circumstances, that the child becomes a delinquent child

Knowingly encouraging, aiding, abetting or conspiring w/ a child to run away from the homd of the child's parent, guardian or custodian, or knowingly and illegally harboring a child who has run away from home

Front 91

Endangering the Welfare of a Child 4-6 of 6

Back 91

Commiting any violent felony or recklessly endangering 2nd, assault 3rd, terroristic threatening or unlawful imprisonment 2nd knowing such actions were witnessed by a child who is a member of the victim or actor's family

Commiting a DUI with a child passenger in the vehicle

Commiting a offense under the Uniform Controlled Substance Act in any dwelling, knowin ga child is present in the dwelling at the time

Front 92

Sexual Exploitation of a Child

Back 92

Class B felony

Knowingly:
1. photographs / films
2. finances or produced movie, video, visual depiction
3. publishes or makes available to computer, or a book, magazine or other publicaion
4. permits, causes, promotes, advances
5. or otherwise knowingly create a visual depiction
OF A CHILD ENGAGING IN A PROHIBITED SEXUAL ACT OR IN THE SIMULATION OF SUCH AN ACT

Front 93

Possession of Child Portnography

Back 93

Class F Felony
Knowingly possess any visual depiction
1. of a child engaging in a prohibited sexual act or simulation of such an act or
2. which has been created, adapted, modified or edited so as to appear that a child is engagin in a prohibited sexual act or in the simulation of such an act

*dealing in child pornography is a separate offense

Front 94

Sexual Solicitation of a Child

Back 94

Class C felony

a person 18 or older intentionally or knowingly soliciting, requesting, commanding, or otherwise attempting to cause any child who has not yet reached the age of 18 to:
1. engage in a prohibited sexual act or
2. meet with such person or any other person for the purpose of engaging in a prohibited sexual act (AGE REDUCED TO 16 FOR THIS SUBSECUTION ONLY)

or

3. a person 18 or older intentionally or knowingly
-compiles, receives, exchanges, reproduces, distributes by any means any notice, statement, document advertisement, or data
-containing the name, contact information, physical characteristics or other identifying information for a child who is not yet 16
-for teh purpose of facilitating a prohibited sexual act infoving such child and any other person

Front 95

Terroristic Threatening

Back 95

Threatens to commin crime likely to result in death or serious injury to another
OR
Commits an act with intent o fcausing an individual to believe they have been exposed to a substance that would cause death or serious injury
OR
Makes false statements:
-likelty to cause evacuation of a building or place of assembly or public transportation or
-likely to cause serious inconvenience or
-in reckless disregard of the risk of causing terror or serious inconvenience

*if facility is daycare / school, then the crime becomes a felony - otherwise is a misdemeanor

Front 96

Rape - First Degree

Back 96

Intentional Sexual Intercourse without consent and:
1. occurred during crime or flight from or attempted reporting of crime causes physical injury or serious mental / emotional injury
2. occurred during course of or attempted felony or the following misdemeanors: reckless endangering second, assault third, terroristic threatening, unlawfully administering drugs, unlawful imprisonment second, criminal trespass
3. D displays what appears to be deadly instruent
4. victim is under 12; D is 18+
5. victim is undre 16; D is in position of trust

Front 97

Rape - Second Degree

Back 97

A. intentional intercourse w/out consent
B. intentional penetration w/out consent and:
1. occurred during crime, flight from or reporting of crime and causes serious physical injury
2. occured during felony or specified misdemeanors
3. victim <16 and during commission D displays what appears to be a deadly weapon
4. victim <12; D is 18+
5. victim <16; D in position of trust

Front 98

Rape - Third Degree

Back 98

1. intentional intercourse w/ victim under 16; D is at least 10 years older than victim
2. intentional intercourse w/ victim under 14 and D is 19 or older
3. intentional sexual penetration w/out victim's consent and during commission of or flight from crime or attempt to report a crime and causes serious physical injury or serious mental or emotional injury to victim
4. intentional sexual penetration and victim under 16 and during commission or flight from a crime the D caues physical injury or serious mental or emtoional injury

Front 99

Rape - Third Degree - new section

Back 99

5. intentionally engages in sexual penetration or intercourse and victim is betwen 16 and 18 and teh D stands in a position of trust over the child

Front 100

Rape - Fourth Degree

Back 100

1. intentional intercourse with someone under 16
2. intentional intercourse with someone under 18 and D isover 30 (unless married)
3. intentional penetration either w/out victim's consent or victim is under 16
4. intentional intercourse or penetration and victim is between 16 and 18 and the D is in a position of trust

Front 101

Unlawful Sexual Contact - First Degree

Back 101

unlawful sexual conduct and:
1. D causes phsyical injury to victim or
2. D displays what appears to be a dangerous instrument or
3. victim is under 16 and D in a position of trust or

Front 102

Unlawful Sexual Contact - Second Degree

Back 102

Intentional sexual contact with another person who is under 16 or causes the victim to have sexual contact with the D or a third party

Front 103

Unlawful Sexual Contract - Third Degree

Back 103

Sexual contact with another and D knows the contact is offensive to the victim or occurs w/out cosent

Front 104

Sexual Harrasment

Back 104

Threatens to engage in conduct likely to result in the commission of a sexual offense or
Defendant solicits, commands, requests another to have sexual contact or intercourse or penetration knowing it is likely to cause annoyance or alarm.

Front 105

Continuous Sexual Abuse of a Child

Back 105

intentional
3+ sexual acts
child under 18
over at least a three month period

Front 106

Indecent Exposure

Back 106

likely to cause affront or alarm

Front 107

Murder - First Degree

Back 107

1. Intentionally cause the death of another.
2. Recklessly cause the death of another while engaged in the commission of a felony.
3. Intentionally cause someone to commit suicide by threat or duress.
4. Recklessly cause death of police officer or emerency worker.
5. Cause a death by bomb.
6. Cause a death in order to avoid or prevent arrest or in the course of Escape Second Degree or Escape After Conviction

Front 108

Murder - Second Degree

Back 108

1. Recklessly cause death of another under circumstances manifesting a cruel, wicked and depraved indifference to human life (malice).
2. Cause the death of another with criminal negligence during the course of and in furtherance of the commission of a felony.

Front 109

Manslaughter

Back 109

1. Recklessly cause the death of another.
2. Intentionally caues the death of another under extreme emotional distress.
3. While intending to cause serious physical injury to another, the D causes death employing a means a reasonable person would know woul dlikely cause death.
4. Intentionally cause another to commit suicide.
5. Recklessly perform an abortion that results in death.

Front 110

Criminally Negligent Homicide

Back 110

Cause the death of another with criminal negligence.

Front 111

Murder by Abuse or Neglect

Back 111

First Degree:
1. recklessly caues death of a child through an act of abuse or neglect or
2. recklessly cause death of a child and has engaged in prevoius patterns of abuse or neglect

Second Degree:
Same as first degree but with criminal negligence.