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11 Cards in this Set
- Front
- Back
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TPC 22.01 Assault
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1)I/K/R Causes bodily injury to another or
2) I/K Threatens imminent bodily injury or 3) I/K causes provocative physical contact 4) Class A misd. except felony 3rd when: Public servant discharging duty, or choking, or in a gov't institution, or prior convictions 5) 2nd felony when: family and choking |
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CL Assault p. 3
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Misdemeanor
Intent to commit battery and engaging in some activity to this end Battery is any application of force to another |
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No MPC for assault
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8====D
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TPC 22.011 - Sexual Assault
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1) I/K
2)Causes penetration/sexual contact 3)Another person w/o consent 4)M/R only applies to act, not A/Cs 5)No consent if: Submission by physical force Threat of force D knows V is unconscious D knows V is retarded D knows V is unaware D has impaired V w/ substance D compels by threat of force against another D is public servant/doctor/priest and uses power |
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CL rape
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Spousal exception
By force V must resist force Uncorroborated testimony not enough |
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MIchigan Rape statute (replaces MPC for all intents and purposes)
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Overcomes victim through force
Allows for surprise as force or coercion |
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TPC 22.02 Agg. Ass.
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1) Assault and
2) SBI or 3) Deadly wep. 4) 2nd fel. but 1st. fel when: Deadly wep + SBI or Public servant acting in capacity Against a pub servant acting in capacity (K presumed if he's wearing a badge etc) Retaliation for witness/judge/etc Actor in a motor vhicle and K discharges firearm at something occupied R as to whether the thing is occupied Causes SBI |
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No MPC for agg. ass.
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8=====D
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CL for agg. ass.
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Specific circumstances, higher penalty. Sorry this is super not helpful.
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TPC 22.021 Agg. Sex. Ass.
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1) Sex. Ass and
2) Causes SBI or attempts death of V or 3) Causes fear of kidnap, trafficking, SBI, death to anyone or 4) Uses/exhibits deadly weapon or 5)Acts in concert w/ another or 6) Drugs w/ roofies |
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MPC Agg. Sex. Ass.
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1) <13, or <16 but member of household or blood relative or
2) With another felony or 3) Armed 4) Causes personal injury and force or coercion is used |
