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173 Cards in this Set
- Front
- Back
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Prostitution
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When a person engages or offers or agrees to engage in sexual conduct with anther person In return for something of value. B Misdemeanor- unless a person is a persistent offender then it is a D Felony. |
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Persistent prostitution offender
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When a person has pled guilty to two or more prostitution related offences.
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Patronizing Prostitution |
When a person gives something of value to another person in exchange for sexual conduct or agrees to give something of value in an exchange for sexual conduct. B Misdemeanor unless the individual who the person is patronizing is under 18 then it is a D Felony. |
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Promoting prostitution 3rd |
D Felony " Pimping" |
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Promoting Prostitution 2nd |
C Felony |
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Promoting Prostitution 1st
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B Felony |
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Ex Parte order of protection
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Order issued by the court before the restrained party has received notice of the petition or had an opportunity to be heard in court. |
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Full Order Of Protection |
Order issued after a court hearing on the record where the restrained party has had an opportunity to be heard in court. |
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Violations of a Protection order |
A-Misdemeanor unless a person has been convicted of a protection order violation in the last 5 years then it is a C Felony. |
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Adult Abuse Law
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Refer to Page 282 in the Blue Book. |
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Gambling
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When person knowingly engages is gambling( C Mis) or Engages in Gambling with a minor( B Mis) or as a professional player( D Felony). |
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Promoting Gambling in the 2nd |
Class A Misdemeanor. |
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Advancing Gambling |
Means to do something other than merely play which substantially aids in the creation or operation of gambling scheme or to allow property which one owns or controls to be used for illegal gambling.
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Profit from gambling activity |
When a person must receive money or other property from part of the proceeds under prior agreement to that effect.
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Promoting Gambling in the 1st |
When a person knowingly advances or profits from unlawful gambling or lottery activity by setting up and operating a gambling device which more than 100 dollars is gambled per day.
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Possession of Gambling Records |
A Misdemeanor |
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Possession of Gambling Records in the 1st
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When a person possess records used in bookmaking and representing over 5 bets totaling more than $500 or lottery schemes and representing more than 500 plats or chances. |
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Incest |
When a person that marries, or engages un sexual intercourse or deviate sexual intercourse with a person that knows they are an ancestor, stepchild when the relationship still exist, brother-sister whole or half blood, or uncle aunt nephew or niece of the while blood. |
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Possession of Child Porn
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When a person has any child porn of a minor less than 18 or obscene material portraying what appears to be a minor less than 18, It is a C Felony if the person possesses one still image of child porn or one obscene still image, B Felony when a person possesses 20 still images of child Porn or one motion picture film, tape, or has pled guilty to a prior offense. |
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Promoting Obscenity 1st |
When a person wholesale promotes or possesses with the purpose to wholesale promote obscene material. |
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Promotes Obscenity 2nd
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Refer to 315 in blue book for rest of elements. |
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Stalking
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When a person purposefully and through their course of conduct; harasses or follows with the intent of harassing another person. A-Misdemeanor on the first offence, D Felony for 2nd and subsequent. |
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Abandonment of a Child 1st |
B Felony |
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Abandonment of a Child 2nd |
D Felony. |
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Endangering the Welfare of a Child 1st |
When a person knowingly acts in a manner that creates substantial risk to life body or health of a child less than 17 years old. B Felony |
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Gambling Definition
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When a person risks something of Value on the outcome of a contest of chance or future contingent event not under their influence or control with the understanding that they will receive something of value upon a certain outcome.
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Intoxicating liquor
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Means alcohol beverage purposes, alcoholic spirituous, vinous, fermented, malt, or other liquors, containing in excess of one-half of one percent by volume. |
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Person Definition
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Any individual, association, joint stock company, syndicate, co-partnership, corporation, receiver, trustee, conservator, or other officer appointed by any state or federal court. |
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Application of Law |
The provisions of this law shall be in force in and apply to every incorporated city, town or village in this state, whether same be organized under the general law relating to cities, towns and villages, or by special charter under the state constitution any ordinance or charter provision of any city town or village to the contrary notwithstanding. |
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Time Fixed for opening and closing premises for sale of alcohol
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No person having a license issued pursuant to this chapter, nor any employee of such person, shall sell, give away, or permit the consumption of any liquor between the hours of 1:30 am and 6 am. |
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selling to or buying for a minor
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Possession of liquor by a minor
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Any person under the age of 21 who purchases or attempts to purchase or has in his or her possession of any intoxicating liquor or who is visibly intoxicated, or has a detectable blood alcohol content of more than two hundredths of one percent is guilty of a misdemeanor.
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Abuse and loose
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IF a kids gets caught with MIP you can loose your license. |
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sale of intoxicating liquor in less than the original Package
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Sale of liquor w/o a license |
Punishable by a Class D Felony |
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Boating while intoxicated
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Operates a boat while in an intoxicated condition, punishable by a Class B Misdemeanor. |
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Minimum Age of operation of a vessel |
No person under the age of 14 shall operate any motor boat unless under the direct visual and audible supervision of a parent or guardian or other person 16 or older unless the motor boat is moored. |
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Littering |
When a person throws or places or causes to be thrown or placed any rubbish of any kind in non designated places.
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Criminal Street Gang |
A street gang is a group of 3 or more people of association, having primary activities
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Civil Remedies Unaffected
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Execution of public Duty
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A person claiming justification must reasonably believe that their conduct is required or authorized by judgment or directions of a competent court or in the legal execution of legal process. |
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Use of Force in Defense of Persons Non Deadly
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The requirements for the use of non-deadly force in self defense are the defendant was not the aggressor, not attempting to commit a forcible felony and the defendant believed another person was using or about to use unlawful force against him. |
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Use of Deadly Force in self defense
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Deadly force is justified if the defendant must reasonably believe that they are or the other person is in imminent danger of death, serious physical injury through robbery, burglary, arson, or forcible felony at the hands of the attacker and must believe that use of deadly force is necessary to protect your self. |
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Use of Physical force in Defense of Premises |
A person can use force in defense of premises if they are lawfully present in, or in control of the premises and is attempting to prevent or terminate an unlawful intrusion on the premises. Deadly force is not justified for property defense. |
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LEO use of Force in Making an Arrest
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A LEO is justified in being an aggressor when they undertake a lawful arrest or prevent an escape from custody. If the arrestee resists, the officer is not only permitted to defend but they are under no threat to with draw. |
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LEO Use of Deadly Force
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A LEO can use deadly force when a person has committed or is attempting to commit a felony, is attempting to escape by use of deadly weapon or when a person may otherwise endanger life or inflict serious physical injury unless arrested with out delay. |
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LEO Power of arrest
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In Missouri a LEO can arrest any one violating any state law or local violations. |
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Private persons use of force for arrest |
A private person can make an arrest if a LEO request their assistance, or when they have in fact committed a crime. |
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Use of force to Prevent Confinement |
The use of deadly force to prevent escape from confinement is justified only I the guard or LEO reasonably believes there is a substantial risk the escapee will endanger human life unless the escape is prevented. |
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Attempt
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When a person has a purpose to commit an offense and they TAKE A SUBSTANTIAL STEP toward the commission of the offense. |
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Conspiracy |
When a person has the purpose to promote or facilitate the commission of the offense, and they agree with one or more person that they or one of them will engage in conduct which constitutes the offense.
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The Summons Form
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Be in the form of a subpoena, state the name of the court, state the title of the action occurring, state the names of all attorneys and parties, state the requesting party.
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Who can Serve a Subpoena
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A Subpoena can be served by any Sheriff, Corner, Marshal, Constable or LEO in the county in which the person to be served can be found. |
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A Writ of Replevin |
A document used as the means to recover specific personal property witch has been wrongfully detained. |
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A Writ of scire facias
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A document that is written by a court that orders a person to appear before it. |
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Schedule one Drug |
High potential Use, no accepted medical use |
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Schedule two Drug |
High potential for abuse, but does have a currently accepted medical use. |
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Schedule Three Drugs |
Less potential for abuse but has currently accepted medical use but may lead to physical or psychological dependence. |
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Schedule Four Drugs |
Low potential for abuse, codeine is an example |
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Schedule Five Drugs |
Similar to Schedule 4 but specifically includes preparations containing limited quantities of certain narcotic drugs. |
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Crime
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Can be punished by death or imprisonment.
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Felony
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Can be punishable by more than one year in jail or possibly death |
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Misdemeanor
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Max of one year in jail
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Infraction
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Punishable by a fine, not considered a criminal offence. |
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Time limitations on Felony's |
Arson 1 and 2, 5 years All other Felony's 3 years |
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Time limitation on Misdemeanor
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1 Year |
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Time limitations on Infractions
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6 months |
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Information |
A document filed by the PA for a misdemeanor |
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Complaint |
Filed by the PA when a Felony |
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Lesser Included Offence |
A crime Necessarily committed during the commission of another crime. Example ( Burglary+Trespassing)
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Felony |
B 5-15 C 7 years D 4 years |
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Misdemeanor |
A 1day-1Year county Jail, or 1000 dollar fine B Up to 6 months County Jail or 500 dollar fine C up to 15 days County Jail or 300 dollar fine |
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Infraction classes
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No classes of infractions, only fine up to 200 dollars. |
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Criminal Activity Forfeiture Act (CAFA) |
" Taking the profit out of crime " Profits seized in unlawful acts are given back to the police. You have 10 days to file. |
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Persistent Misdemeanor
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When you have 2 prior offences you loose jury sentencing
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Prior Offender
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When a person has a prior Felony conviction
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Persistent Offender |
2 or more Felony convictions
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Dangerous Felony
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Previous A-B Felony |
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Voluntary Act
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Actus Reas
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Mens Rea
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Mind Being, State of mind, Involvement. |
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Purposely Mental State
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You wanted a specific result, " you wanted to do it".
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Mental State "Knowingly"
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You know the circumstances and the conduct will cause a certain result. |
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Mental State " recklessly"
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"unintentional" When some one disregard's a substantial risk.
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Mental State " criminal Negligence.
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Fails to be aware of a substantial risk.
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Responsibility of the Conduct of another
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When you aid or attempt to aid such that a person in planning, committing, or attempting to commit such an offence. " If you hand some one a gun and say do it" |
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Entrapment |
Show that the cops forced them to do the crime, not pre disposed to commit the crime. |
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Duress
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Some one else forced me to do it |
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Intoxicated or drugged condition |
Does not work, voulentary intoxication is not a defense to a crime.
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Inchoate Crime |
Incomplete Crime |
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Attempt |
When you try but Fail, an actual act. But no crime was completed. You Must take a substantial step.
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Conspiracy
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Has a purpose to promote or facilitate the commission of the offence When some one agrees that they will do it " overt act" |
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Elements
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Purpose of committing a substantial step |
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Murder 1st |
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Murder in the 2nd
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When a person caused the death of another person when the original purpose was to casue serious physical injury, while committing or attempting to commit a Felony.
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Distribution |
Knowingly distributes or delivers or Manufactures or produced a controlled substance, or attempts to do these acts , or has the intent to do. |
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Distribution to a minor |
When a person sells or gives a controlled substance to someone under 17 B Felony |
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Distribution Near a School
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Within 2000ft makes it an A felony |
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Distribution Near a Park |
Within 1000ft makes it an A Felony
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Distribution near Public Housing |
1000ft makes it an A Felony |
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Drug Paraphernalia |
Class A Misdemeanor unless its Meth then its a D Felony |
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Delivery of Drug Paraphernalia |
Delivering anything used with making or using drugs is a D Felony. |
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Possession of Ephedrine
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Possession of any Meth Precursor Drug, with intent to use them to manufacture meth or analogs. |
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Possession of a controlled substance charge
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C Felony unless a certain quantity enhances
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Possession of Anhydrous
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Unlawful possession is a D Felony, This will turn brass fittings on tanks green. |
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Imitation of Controlled Substance
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A substance that imitates a Controlled substance, it is an A-Misdemeanor. |
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Voluntary Manslaughter
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B Felony, When a person causes the death of another human by being practically certain of taking the victims life. Knowingly assisting another in the commission of self murder " suicide" |
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Involuntary Manslaughter 1st
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B or C Felony |
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Subpoena
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Personally served order, IF you fail to appear to court, they will do a WRIT of Body attachment and bring you to court. Name of the court and time you are to be there is required on the paperwork. |
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Summons
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Can be served personally, or by some one else. You can even leave it at their house with a family member OVER the age of 15. Associate summons is date bound. |
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Involuntary Manslaughter 2nd |
When a person acts with criminal negligence to cause the death of another person. D Felony |
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1st degree assault
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When someone attempts to kill another person, or causes serious physical injury. Knowingly causes serious physical injury. Some times called " Attempted Murder" B Felony.
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2nd Degree Assault
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Commits what would otherwise be first degree Assault if the suspect was acting under influence of adequate cause. Knowingly causes or attempts to cause physical injury to another person by means of a deadly weapon. |
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3rd degree assault
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Attempts to cause physical injury can be criminal negligence with a weapon, D Felony if 2nd crime against a person of family or household. Fistfights are an A-misdemeanor. |
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1st degree Elder Abuse
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When a person attempts to kill any person over 60 years of age, or when you knowingly cause serious physical injury to any one over 60. Also can be used for people with special needs. A Felony. |
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Writ of Habeas Corpus |
A writ that allows people to get out of jail. It gets courts to look at their case again. Can even be used to try to avoid death. In other words is the person properly detained?
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2nd Degree Elder Abuse
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Knowingly causes or attempts to cause Physical injury by means of a deadly weapon or dangerous instrument when the person is over 60, B Felony |
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3rd Degree Elder Abuse
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Knowingly causes physical contact or attempts to cause physical contact as harmful or provocative contact, A Misdemeanor
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First Degree vulnerable person Abuse
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attempts to kill a vulnerable person . A Felony |
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2nd Degree Vulnerable person Abuse
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Knowingly causes physical injury to a vulnerable person. B Felony |
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3rd Degree Vulnerable Person Abuse |
Failing to provide goods or care to a vulnerable person, or physical contact. A- Misdemeanor |
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Harassment
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Knowingly communicates a threat to commit a felony to another person and in so doing it frightens, intimidates, or causes emotional distress. Attempts to frighten or intimidate another, or used repeated unwanted communication. A- Misdemeanor.
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Kidnapping
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Unlawfully removing another from where they are found. Or Unlawfully containing another person for a substantial amount of time with out consent with the purpose of ransom or reward. Can even be a hostage. Can be A or B Felony |
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Child Kidnapping
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A-Felony |
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Felonious Restraint
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Knowingly restraining another unlawfully with out consent or interferes with liberty. C Felony
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False Imprisonment
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Knowingly restrains another with out the authority of the law with out consent. A- Misdemeanor if stays in state D felony if state is left. |
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Rape in the 1st degree
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Sexual intercourse with another person by using forcible compulsion, who is incapacitated, incapable of consent or has the capacity to consent. |
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Sodomy in the 1st Degree
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Has Deviate sexual intercourse with another person by using forcible compulsion ho is incapacitated or unable to give consent |
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Statutory Rape
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If you rape some one under the age of 14 years of age. |
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`Rape 2nd |
A person commits the crime of rape in the do it with out consent but is not forcible. C Felony |
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Sodomy in the 2nd |
Deviate sexual intercourse with out consent but not forcible, C Felony. |
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Sexual misconduct involving a child |
Knowingly exposes genitals to a child les than 15 years of age in witch it causes affront or alarm to the child. |
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Child molestation
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When you subject a child less than 14 to sexual conduct. |
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Child molestation 2nd |
When you subject a person under the age of 17 to sexual contact. |
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Sexual misconduct 1st |
When a person exposes their genitals when they know that their conduct is likely to cause affront or alarm. |
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Sexual Contact |
Means sexual intercourse, or deviate sexual intercourse or sexual contact. Can be touching another person on the anus, genitals, or female breast. |
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Sexual Abuse 1st
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Commits abuse in the first if she subjects another person to sexual conduct by the use of forcible compulsion. |
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Controlled substance |
Drugs that have a serious risk of abuse. |
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Actual possession |
When a person has the substance on his person within easy reach or control. |
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Constructive possession |
Not actual possession, the person has the power to exercise domain or control over the substance either directly or through another person. |
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Possession of a controlled substance |
Prescriptions, expiration doesn't make it illegal. Has to be in the original bottle. |
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Possession of a controlled substance elements |
Knew presence of the substance, and knew the illegal nature of the substance, and had actual or constructive possession of the substance, and the substance was controlled. |
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Distribute |
To deliver other than by administrating or dispensing a controlled substance |
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Robbery 2nd
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When a person forcibly steals property, uses or threatens the immediate use of physical force an another person. B Felony
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Robbery 1st
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When a person forcibly steals property and causes serious physical injury, or is armed with a deadly weapon and displays or threatens the use of. |
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2nd Degree pharmacy robbery
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When a person forcibly steals a controlled substance from a pharmacy. B Felony, Minimum 5 years DOC if convicted. |
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1st Degree Pharmacy Robbery |
Forcibly steals a Controlled substance from a Pharmacy and causes serious physical injury to a person, or is armed with a deadly weapon. 10 year minimum DOC no parole. |
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Arson 2nd |
Knowingly burning a building or inhabitable structure, starting a fire, or causing an explosion. C Felony |
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Arson 1st
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When a person sets fire to a building with some one inside and put them in harms way. B Felony |
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Knowingly burning or exploding
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When you knowingly burn or explode the property of another, D Felony |
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Reckless Burning |
When you damage or destroy a building or inhabitable structure by burning. " burning leaves and catch your neighbors house on fire." |
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Negligent Burning |
B misdemeanor, With criminal negligence caused damage to the property of another |
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Tampering in the 1st
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When a person interrupts or impairs a service rendered to the public, or damages property such as cars or utility instruments. C Felony |
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Tampering in the 2nd
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When a person tampers with any property of another for the purpose of causing an inconvenience to the person , Unlawfully rides in or on cars boats or bikes. Can also include tampering with a utility meter. A Misdemeanor |
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Property Damage 1st
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Knowingly damages property that exceeds 750 dollars, or defrauding insurance for more than 1000 dollars. |
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Property Damage 2nd |
Knowingly damages property that the value is less than 750 |
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Trespass 1st |
Being on real property owned by some one else when you know you shouldn't be there, when notice was given or posted. B misdemeanor
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Trespass 2nd
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When someone is on real property of another, " when you think you can but cant". Infraction |
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Burglary 2nd |
Knowingly enters unlawfully or knowingly remains in a building or inhabited structure for the purpose of committing a crime. C Felony |
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Burglary 2nd |
Knowingly enters unlawfully into a building for the purpose of committing a crime when some one else is present, or armed with a weapon. B felony |
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Possession of burglary tools
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When you possess any tool instrument or other article witch is adapted, designed or commonly used for committing or facilitating offences involving forcibly entering into any premises and has the purpose to use such tools. |
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Stealing
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B Felony if over 25k C Felony if between 500 and 25k |
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Receiving stolen property
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When you receive or retain or dispose of property of another, when you know its stolen. " if a price is too good to be true and you buy it anyway" |
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Forgery |
C Felony |
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Passing bad checks
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When a person writes a check knowing that there are insufficient funds, usually if it is taken care of within 10 days charges will drop. If the amount is 500 or more it is a C Felony
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Fraudulent use of a credit card |
When a person used a credit card to obtain services or property and the card is stolen, has been canceled or has unauthorized use D Felony |
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Identity Theft |
When a Person knowing has the intent to defraud, or possesses one or more means of ID that is not theirs, When less than 500 dollars, A misdemeanor, Felony ranges depending on dollar amount |
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Concealable Firearms
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any firearm with a barrel less than 16 inches in length measured from the face of the bolt to the breach.
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Black jack |
Leather Wrapped lead |
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Concealed firearms
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A weapon not discernable by ordinary observation is concealed. |
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Armed Criminal action |
Commits any Felony by or with a deadly weapon, other than weapons violations, Minimum of 3 years DOC, Felony Unclassified |
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Defacing a Firearm
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Knowingly defaces firearms of serial numbers, possession of a defaced fire arm is a class B misdemeanors. Committing the actual crime is an A misdemeanor |
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Unlawful possession of a firearm
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Any person convicted of a felony, fugitive from justice, is in an intoxicated or drugged condition C Felony |
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Pease Disturbance
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A person who disturbs or alarms another person by making a loud noise, using offensive language, threatening to commit a felony act, fighting, creating a noxious and offensive order in a public place or private property without consent. B misdemeanor |
