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22 Cards in this Set
- Front
- Back
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16-5- 1 – Murder |
A person commits the offense of murder when he unlawfully and with malice afore thought, either express or implied, causes the death of another human being. |
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16-5- 2 - Voluntary manslaughter |
A person commits the offense of voluntary manslaughter when he causes the death of another human being under circumstances which would otherwise be murder and if he acts solely as the result of a sudden, violent,and irresistible passion resulting from serious provocation sufficient to excite such passion ina reasonable person; however, if there should have been an interval between the provocation and the killing sufficient for the voice of reason and humanity to be heard, ofwhich the jury in all cases shall be the judge, the killing shall be attributed to deliberate revenge and be punished as murder. |
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16-5- 3 - Involuntary manslaughter |
A person commits the offense of involuntary manslaughter in the commission of an unlawful act when he causes the death of another human being without any intention to do so by the commission of an unlawful act other than a felony. A person who commits the offense of involuntary manslaughter in the commission of an unlawful act, upon conviction thereof, shall be punished by imprisonmentfor not less than one year nor more than ten years. |
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16-5- 40 - Kidnapping |
A person commits the offense of kidnapping when such person abducts or steals away another person without lawful authority or warrant and holds such other person against his or her will. |
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16-5- 41 - False imprisonment |
A person commits the offense of false imprisonment when, in violation of the personal liberty of another, he arrests, confines, or detains such person without legal authority. |
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16-5-20 - Simple assault |
Attempts to commit a violent injury to the person of another; or Commits an act which places another in reasonable apprehension of immediately receiving a violent injury. |
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16-5-21 - Aggravated assault |
Assaults With intent to murder, to rape, or to rob; assaults With a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; assaults With any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in strangulation; or A person or persons without legal justification by discharging a firearm from within a motor vehicle toward a person or persons. |
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16-5-23 - Simple battery |
A person commits the offense of simple battery when he or she either: Intentionally makes physical contact of an insulting or provoking nature with the person of another; or intentionally causes physical harm to another. |
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16-5-23.1 - Battery |
A person commits the offense of battery when he or she intentionally causes substantial physical harm or visible bodily harm to another. *substantially blackened eyes, substantially swollen lips or other facial or body parts, or substantial bruises to body parts). |
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16-5-24 - Aggravated battery |
A person commits the offense of aggravated battery when he or she maliciously causes bodily harm to another by depriving him or her of a member of his or her body, by rendering a member of his or her body useless, or by seriously disfiguring his or her body or a member thereof. |
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16-6-1 – Rape |
A person commits the offense of rape when he has carnal knowledge with A female forcibly and against her will; or A female who is less than ten years of age. |
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16-7-1 – Burglary |
A person commits the offense of burglary in the first degree when, without authority and with the intent to commit a felony or theft therein, he or she enters or remains within an occupied, unoccupied, or vacant dwelling house of another or any building, vehicle, railroad car, watercraft, aircraft, or other such structure designed for use as the dwelling of another. A person who commits the offense of burglary in the first degree shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than 20 years. Upon the second conviction for burglary in the first degree, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than two nor more than 20 years. Upon the third and all subsequent convictions for burglary in the first degree, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than five nor more than 25 years. |
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16-7-2 - Smash and grab burglary |
A person commits the offense of smash and grab burglary when he or she intentionally and without authority enters a retail establishment with the intent to commit a theft and causes damage in excess of $500.00 to such establishment without the owner's consent. |
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16-8-2 - Theft by taking |
A person commits the offense of theft by taking when he unlawfully takes or, being in lawful possession thereof, unlawfully appropriates any property of another with the intention of depriving him of the property, regardless of the manner in which the property is taken or appropriated. |
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16-8-3 - Theft by deception |
A person commits the offense of theft by deception when he obtains property by any deceitful means or artful practice with the intention of depriving the owner of the property. |
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16-8-4 - Theft by conversion |
A person commits the offense of theft by conversion when, having lawfully obtained funds or other property of another including, but not limited to, leased or rented personal property, under an agreement or other known legal obligation to make a specified application of such funds or a specified disposition of such property, he knowingly converts the funds or property to his own use in violation of the agreement or legal obligation. This Code section applies whether the application or disposition is to be made from the funds or property of another or from the accused's own funds or property in equivalent amount when the agreement contemplates that the accused may deal with the funds or property of another as his own. |
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16-8-5 - Theft of services |
A person commits the offense of theft of services when by deception and with the intent to avoid payment he knowingly obtains services, accommodations, entertainment, or the use of personal property which is available only for compensation. |
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16-8-6 - Theft of lost or mislaid property |
A person commits the offense of theft of lost or mislaid property when he comes into control of property that he knows or learns to have been lost or mislaid and appropriates the property to his own use without first taking reasonable measures to restore the property to the owner. |
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16-8-7 - Theft by receiving stolen property |
A person commits the offense of theft by receiving stolen property when he receives, disposes of, or retains stolen property which he knows or should know was stolen unless the property is received, disposed of, or retained with intent to restore it to the owner. "Receiving" means acquiring possession or control or lending on the security of the property. |
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16-8-40 - Robbery |
A person commits the offense of robbery when, with intent to commit theft, he takes property of another from the person or the immediate presence of another: (1) By use of force; (2) By intimidation, by the use of threat or coercion, or by placing such person in fear of immediate serious bodily injury to himself or to another; or (3) By sudden snatching. |
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16-8-41 - Armed robbery |
A person commits the offense of armed robbery when, with intent to commit theft, he or she takes property of another from the person or the immediate presence of another by use of an offensive weapon, or any replica, article, or device having the appearance of such weapon. The offense of robbery by intimidation shall be a lesser included offense in the offense of armed robbery. |
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19-13-1 - "Family violence" |
As used in this article, the term "family violence" means the occurrence of one or more of the following acts between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household:Any felony; orCommission of offenses of battery, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint, or criminal trespass. |
