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70 Cards in this Set
- Front
- Back
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Give the definition of a crime |
An act committed, or omitted, in violation of a law forbidding or commanding it |
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Explain the difference between a felony, a misdemeanor, and infraction |
Felony: Crime punishable by death or term in state prison. Statute will designate crime as felony. Punishable by 5 years and $50k fine unless otherwise specified. Statute of limitation: 5 years unless otherwise specified. District Court Misdemeanor: Every crime that is not a felony or infraction. Punishment: No more than 1 year in jail. Statute oflimitation: Generally 1 year. Infraction: Civilpublic offense punishable by a fine only. No incarcerationever. Guilt determinedby a judge, not a jury. |
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Identify and Explain the five basic elements of any crime |
Date: Day and Time Location: State of Idaho = Jurisdiction, County/City = Venue Identity: (defendant), The person charged committed the crime Act: Specific prohibited act or omission was performed Intent: General (Did it on purpose or recklessly did it), Specific (Always described in the statute), Strict Liability (Do not care about intent at all) (Usually infractions) |
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Define a Mistake of Fact defense to a criminal prosecution |
Persons who committed the act or made the omission, under an ignorance or mistake of fact which disproves any criminal intent |
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Define an Unconscious defense to a criminal prosecution |
Persons who committed the act charged without being conscious thereof (because of seizure, or other medical conditions) |
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Define an Accident or Misfortune defense to a criminal prosecution |
Persons who committed the act or made the omission charged, through misfortune or by accident, when it appears that there was no evil design, intention or culpable negligence |
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Define a Duress defense to a criminal prosecution |
Persons who committed the act or made the omission charged, under threats or menaces sufficient to show that they had reasonable cause to and did believe their lives would be endangered if they refused |
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Define Entrapment |
An otherwise innocent person, not inclined to commit a criminal offense, is induced to do by a state agent |
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Define an Intoxication defense to a criminal prosecution |
Person who is in an intoxicated condition is criminally responsible for his/her conduct and an intoxicated condition is not a defense to an offense and may not be taken into consideration in determining the existence of a mental state which is an element of the offense |
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Define an Insanity and Mental Illness defense to a criminal prosecution |
Not a defense to a crime in Idaho. The defendantcan introduce evidence of their mental condition at trial to show their state of mind. A court may also determine that a defendant is incompetent to stand trial – this would only delay the criminal trial (perhaps indefinitely) |
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Define a Self-Defense defense to a criminal prosecution |
Lawful resistance to the commission of a public offense may be made by the party about to be injured or by other parties. Resistance by party to be injured or defend another may only use the force necessary to prevent injury. Amount of force judged by the perpetrator’s force. |
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Self-Defense - Resistance in defense of property |
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Explain the difference between a principal, an accomplice and an accessory to a crime |
Principals: Persons involved at or before the crimes commission Aiders and abettors: Are the same as Principals. One who assists, facilitates, promotes, encourages, counsels, solicits, or invites the commission of a crime is guilty the same as a principal Accessories: Persons who, with knowledge that a felony was committed, conceal it from a peace officer, or harbor or protect the person who committed the felony. Punishable up to 5 years.
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Define an "attempted" crime |
18-306: Person tries to commit an underlying crime, but fails/prevented Requirements: Intent to commit the underlying crime, Substantial step toward commission, Preparation alone is not enough Punishment: Generally ½ the sentence for completed crime |
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Identify and explain the elements of conspiracy |
18-1701: Two people + Agreement + One Act = Crime Two or more persons agree to commit any crime and one of the persons does an act to effectuate the crime’s purpose. If crime is completed, can charge with conspiracy and crime. Can infer an agreement from the conduct. |
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Define criminal solicitation |
18-2001: With the purpose of promoting or facilitating the commission, the person solicits, importunes, commands, encourages or requests another person to engage in specific conduct which would constitute such crime or an attempt Intent: Did the person intend to promote or facilitate Punishment: Same as attempt |
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Identify the elements of burglary |
18-1401 (Felony): Every person who enters any building or structure with intent to commit any theft (including misdemeanor theft) or any felony, is guilty of burglary 18-1406 (Misdemeanor): Possession of Burglarious Instruments: Possesses things like lock picks, etc., without a license, and with the intent to feloniously break into a building. |
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Identify the elements of unlawful entry |
18-7034 (M): Every person, except under landlord-tenant relationship, who enters any dwelling house, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, closed vehicle, closed trailer, airplane, railroad car or outbuilding without the consent of the owner of such property or his agent or any person in lawful possession thereof. |
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Identify the elements of theft |
18-2403 (M/F): A person steals property and commits theft when, with intent to deprive another of property or to appropriate the same to himself or to a third person, he wrongfully takes, obtains or withholds such property from an owner thereof Includes fraud, embezzlement, larceny, etc. (18-2401) |
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Explain the difference between grand theft and petit theft |
18-2407 Grand Theft (F)= Extortion, theft over $1k, theft of checks, theft of property from the person of another regardless of value, and other situations as specified in 18-2407(1) Petit Theft (M)= Anything that is not grand theft |
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Identify the elements of willful concealment |
18-4626 (M): A person without authority, willfully conceals the goods or merchandise of any store or merchant, while still on the store premises. |
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Identify the elements of unauthorized use of a motor vehicle (Joyriding) |
49-227 (M): A person who operates a vehicle, not his own, without the consent of the owner, and with the intent to temporarily deprive the owner of possession. A person may not rely on a vehicle owner’s previous consent to use the same vehicle Felony if any damages caused to the vehicle exceeds $1k. |
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Identify and explain the crimes connected with drawing checks on accounts without funds or with insufficient funds |
Writing check on closed account is felony Insufficient fundscheck = M/F >$250 is a felony <$250 is a misdemeanor Intent to defraud is key (never meaning to pay) |
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Identify and define the crimes connected with the misuse of a financial transaction card (FTC) |
18-3124: Knowingly; Exceeding available balance, Depositing false checks, money orders, etc using an ATM, Selling or attempt to sell credit card sales drafts, Keeping or maintain impressions of credit card sales drafts to create fake credit sales draft. Financial Transaction Card (FTC): Credit card, Bank card, Check guarantee card, Debit card, Telephone credit card, Card by any other name used to: Obtain money,goods, services, or anything else of value on credit, Access account to depositor withdraw funds Misdemeanor: $300 or less, Felony: Greater than $300 |
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Identify the elements of forgery |
18-3601 (F): With the intent to defraud another, falsely makes, alters, forges or counterfeits (virtually any document) Forges handwriting (with the intent to defraud) Passes a bad check (with the intent to defraud) |
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Identify the elements of robbery |
18-6501 (F): Felonious taking of personal property in the possession of another from his person or immediate presence, and against his will, accomplished by means of force or fear |
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Identify the elements of 1st Degree Arson |
18-802 (F): 1st Degree -Any person who willfully and unlawfully, by fire or explosion, damages any dwelling or structure, whether occupied or not, but in which persons are normally present or there is reason to believe persons are present. -Any person who willfully and unlawfully, by fire or explosion, damages any real or personal property with the intent to defraud an insurer |
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Identify the elements of 2nd Degree Arson |
18-803 (F): 2nd Degree Any person who willfully and unlawfully, by fire or explosion, damages any structure not described in 1st Degree Arson. |
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Identify the elements of 3rd Degree Arson |
18-804 (F): 3rd Degree Any person who willfully and unlawfully, by fire or explosion, damages any real or personal property (not a structure) or forest land. |
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Identify the elements of Aggravated Arson |
18-805: Aggravated arson If a perpetrator commits 1st, 2nd, or 3rd degree arson, and it results in great bodily harm, permanent disfigurement, permanent disability, or death of a firefighter or any other person, regardless of whether the perpetrator intended to harm the victim, then the perpetrator will be subject to an extended sentence. |
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Identify the elements of malicious injury to property (misdemeanor and felony) |
18-7001: Maliciously injury or destroy any property not entirely his own without the permission of the owner, joint owner or community owner; Includes community marital property. Malicious: Wish to impart vexation, annoyance, injury, or to do a wrongful act. (F): Damage caused by violation exceeds $1k (M): Damage less than $1k |
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Identify the elements of intimidating a witness (misdemeanor and felony) |
18-2604 (M/F): Intimidation or influencing witnesses Any person who, by direct or indirect force, or by any threats to person or property F: Relevant proceeding is criminal in nature M: If civil The fact that a person was not actually prevented from testifying is not a defense |
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Identify the elements of malicious harassment |
With the specific intent to intimidate or harass another person because of that person’s race, color, religion, ancestry or national origin, to maliciously: Cause physical injury to another, Damage or destroy or deface property of another, Threaten by word or act to do the same if reasonable cause exists to believe the threatened event will occur. |
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Identify the elements of use of a telephone to threaten or harass |
With the intent to annoy, terrify, threaten, intimidate, harass or offend, telephones another and: - Address to or about such person any obscene, lewd or profane language or makes any request suggestion or proposal which is obscene, lewd, lascivious or indecent - Addresses to such other person any threat to inflict injury or physical harm to person or property by repeated anonymous or identified telephone calls whether or not conversation ensue, disturbs or attempts to disturb the peace, quiet or right of privacy of any person at the place where the telephone call or calls are received For the purposes of this section, the term telephone shall mean any device which provides transmission of messages, signals, facsimiles, video images or other communication between persons who are physically separated from each other |
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Identify the elements of stalking |
18-7905 & 18-7906: Stalking Knowinglyand maliciously either: 1. Engages in a course of conduct that seriously annoys or harasses the victim and is such as would cause a reasonable person substantial emotional distress 2. Engages in a course of conduct such as would cause a reasonable person to be in fear of death or physical injury, or in fear of the death or physical injury of a family or household member 1st degree stalking (F): - The actions occur in violation of restraining order or civil protection order - The actions occur in violation of a probation or parole - The victim is under 16 years old - The defendant possesses a deadly weapon during course of conduct - Defendant has been previously convicted of stalking or other crime listed in 18-7905(f). 2nd degree stalking (M): Without any of the above circumstances |
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Identify the elements of disturbing the peace |
18-6409 (M): Maliciously and willfully disturbs the peace or quiet of any neighborhood, family or person by loud or unusual noise, tumultuous or offensive conduct, threatening, quarreling, challenging to fight or fighting, or by firing any gun or pistol |
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Define Resisting/Obstructing Officer |
Willfully resists, delays or obstructs a public officer in the discharge or attempt to discharge any duty or knowingly makes a false report to any peace officer
Merely giving false information to a peace officer is not necessarily a report (Constitutional right to free speech), but if it delays or obstructs, may be a violation |
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Define False information to law enforcement |
Knowingly give false information about the commission of an offense, knowing that the offense did not occur or knowing that he has no information relating to the offense or danger
Knowingly gives or causes to be given false information regarding his or another’s identity to any law enforcement officer investigating the commission of an offense |
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Identify the elements of trespass |
18-7008: Cutting down, destroying, carrying away timber - Injuring or severing anything attached - Digging, taking, carrying away earth, soil, stone - Opening, tearing down, destroying fence on enclosed land - Leaving open gate, bar or fence of another - Using corral of another without permission - Covering up 18-7006(M): Intentionally peeking, peering or looking into the window, door or other opening into an inhabited building without a visible or lawful purpose 36-1602, -1603 (M): Hunting, fishing, trapping or retrieving game on another person’s land if the land is cultivated, properly posted with “no trespassing” sign or enclosed |
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Identify the elements of assault |
18-901 (M): Unlawful attempt, coupled with apparent ability, to commit a violent injury on the person of another. Intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent. |
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Identify the elements of aggravated assault |
18-905 (F): With a deadly weapon or instrument without intent to kill. “deadly weapon or instrument” is defined to include any firearm, though unloaded or so defective that it cannot be fired – OR by any means or force likely to produce great bodily harm – OR with any vitriol, corrosive acid, or acaustic chemical of any kind. |
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Identify the elements of battery |
- Willful and unlawful use of force or violence upon another - Actual, intentional and unlawful touching or striking of another person against the will of the other - Unlawfully and intentionally causing bodily harm to an individual - Touching knowing the person does not want to be touched |
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Identify the elements of aggravated battery
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- Causesgreat bodily harm, permanent disability, permanent disfigurement - Usesa deadly weapon, acid or poison - Hamsthe fetus of a pregnant woman (Only one charge) 18-911: Battery with intentto commit serious felony: any battery committed with the intent to commitmurder, rape, the infamous crime against nature, mayhem, robbery or lewd andlascivious conduct with a minor child |
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Identify Attempted Strangulation |
- Any person who willfully and unlawfully chokes orattempts to strangle a household member, or a person with whom he or she has orhad a dating relationship. - No visible injuries, or intent to kill or injuries arerequired to prove attempted strangulation. |
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Identify the elements of domestic violence
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18-918(M/F): Household member committing assault and battery on another householdmember. Householdmember: spouse, former spouse, or a person who has a child in common(regardless of whether they have been married) or a person with whom a personis cohabitating (dating capacity). Traumaticinjury for felony, if not it is a misdemeanor |
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Identify the elements of rape
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18-6101(F): Penetration of oral, anal or vainal opening with perpetrator’s penisaccomplished with a female, and any of the following - Femaleis under 18 (Statutory Rape) (2 year grace period) - Femaleis incapable of giving consent (Vulnerable Adult) - Female’sresistance is overcome by force/violence (Forced) - Femaleis prevented from resisting due to assault or battery (Beaten first, thenraped) - Femaleis unable to resist due to intoxicating substance (Roofies) - Femaleis unconscious, asleep, or unaware, unknowing, not perceiving or not cognizantof the act - Femalesubmits under belief, induced by the perpetrator, that he is her husband (TheEvil Twin) - Femalesubmits under belief of threat by perpetrator to cause harm to some person orproperty, or make a criminal accusation or expose a secret (Extortion) |
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Identify the elements of spousal rape |
Spouse guilty only where wife resists but herresistance is overcome by fear, or the wife is assaulted and battered
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Identify the elements of male rape
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Perpetrator and victim are both males,penetration of oral or anal opening with perpetrator’s penis and either: thevictim is incapable of giving consent, the victim resists but is physicallyovercome, or resistance is prevented through threats
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Lewd and lascivious conduct with a child underthe age of sixteen
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18-1508 (F): Commitany lewd or lascivious act upon or with the body or part of a minor child under16 years old, including genital-genital, oral-genital, anal-genital,manual-anal, or manual-genital contact, or involve such minor child inbestiality/sadomasochism, with the intentof arousing appealing to or gratifying the lusts passions or desires of theperson, child, or third party Irrelevant factors: Consent, age and sex ofperpetrator, sex of victim, perpetrator does not have to have knowledge of age |
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Sexual abuse of a child under the age of sixteen |
18-1506 (F): A person 18 years of age or older, withthe intent of arousing, appealing to or gratifying the lusts, passions orsexual desires of the actor, minor child, or third party: - Solicits a minor under 16 years of age to participatein a sex act (includes child’s self-contact) - Causes or has sexual contact with the minor child, notamounting to lewd conduct - Makes any photographic or electronic recording of theminor child - Induces, causes or permits a minor child to witness anact of sexual conduct |
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Sexual battery of a child of sixteen or seventeen |
See sex abuse,but with sixteen or seventeen Defendant must be 5 years older than victim |
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Sexual exploitation of a child |
Child porn Taking pictures Selling pictures Distributing pictures Possessing the pictures Will need doctor to testify to age if not obviouslyunder 18 |
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Enticement of a child
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‘To Catch a Predator’ Over internet/phone trying to entice child for sex Does not mean it has to be achild (Police officer posing) |
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Injury to a child (misdemeanor and felony)
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18-1501(M/F): Injury to Children F:Any person who places a child in conditions likely to produce great bodily harmor death, and: - Willfullycauses or permits child to suffer - Inflictsunjustifiable physical pain or mental suffering - Theperson has care or custody of any child - Willfullycauses or permits the person or health of such child to be injured - Willfullycauses or permits such child to be placed in such situation that its person orhealth is endangered M: No threat of bodily harm |
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Identify the elements of kidnapping, and differentiatebetween first and second degree kidnapping |
- Seizea person and keep them against their will - Lead/enticea child under 16 with intent to steal something from or conceal the child fromhis or her parent/guardian - Abducts,forces, by fraud, takes a person and keeps them against their will - Kidnapfor ransom 1stDegree (18-4501): Doing any of the above for the purpose of obtaining money,property, raping, committing the infamous crime against nature, or committingserious bodily injury or committing L&L 2ndDegree (18-4503): Any other kidnapping |
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Identify the elements of Child CustodyInterference (misdemeanor and felony)
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Aparent or agent of the parent, intentionally and willfully, without lawfulauthority: - Takes,entices away, keeps or withholds any minor child from a parent or institutionhaving custody, joint custody, visitation or other right - Takes,entices away, keeps or withholds a minor child from a parent after commencementof an action relation to child visitation or custody but prior to the issuanceof an order determining custody or visitation rights Felony:Child taken out of state or not voluntarily returned Misdemeanor:Child stays in state and is returned unharmed prior to arrest |
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18-4001 (F):Homicide
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Murder:the unlawful killing of a human being withmalice aforethought, or the intentional application of torture to a humanbeing, which results in death Torture:the intentional infliction of extreme and prolonged pain with the intent tocause suffering Ifthe victim dies due to torture, then it is still murder even though no intentto kill |
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18-4002: Malice |
Expressmalice: manifested deliberate intention unlawfully to take away the life of afellow creature Implied malice: no considerable provocation appears,or when the circumstances show an abandoned and malignant heart |
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Murder - 1st & 2nd Degree
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1st Degree: - Poison - Layingin wait - Torture(suffering, extortion, vengeance, sadism) - Willful,deliberate, premeditated murder - Murderof peace officer, executive officer, officer of court, fireman, judicialofficer or prosecuting attorney, acting in lawful discharge of duty - Murdercommitted in the perpetration of arson, rape, burglary, robbery, burglary,terrorism, aggravated battery of a child, WMD, biological weapon, chemical weapon 2nd Degree: Any other murder |
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Define the 3 types of Manslaughter
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Voluntary(F): Crime of passion Involuntary(F): Commit other crime that results in death Vehicular:Death by motor vehicle. (M) If death occurs in commission of an unlawful act, notamounting to a felony, without gross negligence (for example speeding.) (F) If there is gross negligence or if driver isillegally under the influence |
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Explain when homicide is justified
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18-4009:Justifiable Homicide Resistingattempted crime Indefense of habitation Defenseof a family member Apprehendinga felon 18-4011:Justifiable Homicide by Officer: Special provision |
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Explain when homicide is Excusable
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Accidentand misfortune in doing lawful act by lawful means and without unlawful intent Accidentand misfortune, in heat of passion, sudden and sufficient provocation, or uponsudden combat when no undue advantage taken nor any dangerous weapon used andwhen killing is not cruel or unusual |
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Define Actual Possession
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A Person has possession of something if he knowsof its presence and has physical control of it
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Define Constructive Possession
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Power and intention to control it
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Define Joint Possession
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More than one person can be in possession ofsomething if each knows of its presence and has the power and intention tocontrol it
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List 5 additional Assault/Battery provisions
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18-915:Assault and battery on Certain Personnel - Cops,judges, prosecutors, public defenders, bailiff, etc 18-915A(F): Removing firearm from law enforcement 18-916:Abuse of school teachers 18-917:Student Harassment/Bullying 18-1505:Abuse of vulnerable adult |
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Attempted Strangulation
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Anyperson who willfully and unlawfully chokes or attempts to strangle a householdmember, or a person with whom he or she has or had a dating relationship No visible injuries, or intent to kill or injure arerequired to prove attempted strangulation |
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Driving without privileges
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Anyperson who drives or is in actual physical control of any motor vehicle uponthe highways of this state with knowledge or who has received legal notice thathis driver’s license is revoked, disqualified or suspended in this state or anyother jurisdiction |
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Driving under the influence and Aggravated DUI
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BloodAlcohol .08 and above; .04-.08 if commercial vehicle; .02-.08 if driver under21. Enhanced penalties if BAC .20 or above. (Vehicle running and in driver’sseat) Agg. DUI: Cause another great bodily harm, disability, or disfigurement |
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Destruction, Alteration or Concealment ofEvidence
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M: Intent thereby to prevent it from being produced, used or discovered F: If trial proceeding, inquiry or investigation iscriminal in nature and involves a felony offense (Max: $10,000 & 5 years) |
