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84 Cards in this Set

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  • Back
What is sanctioned by the government such as killing during war; execution of prisoners by the executioner who is carrying out a lawful order?
Justifiable homicide
What is killing because of mistake or self-defense such as one who is driving at a legal speed limit through a neighborhood but a child "darts" out in front of the car and is hit?
Excusable homicide
What is the most serious crime in all our societies?
Criminal homicide
What is considered to have intent and causation?
What intentionally or knowingly causes the death of an individual?
Intent to cause death
What is it to commit an act clearly dangerous to human health causing the death; includes persistent vegetative state?
Intent to cause serious bodily injury
What is in the course of committing a felony, performs an act clearly dangerous to human health that caused the death and it was in the course of or in immediate flight from the commission of a felony?
Felony murder
How many years of imprisonment for a 1st degree felony?
5-99 or life imprisonment
What happens when a "sudden passion defense", in the punishment phase of the trial, the defendant submits to jury and is accepted?
It goes down to a 2nd degree felony (2-20 years)
Murdering a peace officer or fireman while performing their official duties and person know who they are, commits murder while committing or attempting to commit another crime, murder for remuneration (money for murder), escape or attempt to escape from a penal institution, murdering another person while being incarcerated, etc...are all considered?
Capital murder
What is capital murder punished by?
Death or life without parole
If under 17 at the time of the crime of a capital murder, what would the punishment be?
Life with the possibility of parole
What would punishment for capital murder be for the mentally retarded?
No death penalty (affirmative defense)
What recklessly causes the death of an individual?
When the actor "is aware" of a substantial and unjustifiable risk attached to the conduct but "disregards it". It is not necessary that the actor is aware that it will end in death is considered?
What is the punishment for manslaughter?
2nd degree felony (2-20 years)
What is considered to demonstrate gross negligence?
Criminally negligent homicide
When the actor "fails to perceive" a substantial and unjustifiable risk of death when he ought of is considered?
What is the punishment for a criminally negligent homicide?
State jail felony
What is any contact between any part of the genitals of one person and the mouth or anus of another person; or the penetration of the genitals or the anus of another person with an object?
Deviate sexual intercourse
What is any touching of the anus, breast or any part of the genitals of another person with intent to arouse or gratify of the sexual desire of any person?
Sexual contact
What is any penetration of the female sex organ by the male sex organ?
Sexual intercourse
While it has not been repealed by the State Legislature, the U.S. Supreme court has ruled that the statute violates the due process clause, which case is this?
Lawrence v. Texas (2003)- Homosexual Conduct
What is it when a person commits an offense and knowingly engages in any of the following in a public place: -Act of sexual intercourse, -Act of deviate sexual intercourse, -Act of sexual contact; or -Act involving contact btw a persons mouth or genitals and the anus or genitals of an animal or fowl?
Public lewdness
What is the punishment for public lewdness?
Class A misdemeanor
What is it when a person exposes his anus or any part of his genitals with intent to arouse or gratify the sexual desire of any person, and he is reckless about whether another is present, who will be offended, or alarmed by this act?
Indecency Exposure
What is the punishment for indecency exposure?
Class B misdemeanor
What is it when a person is with a child younger than 17 years old, whether the child is of the same or opposite sex: engages in sexual contact with the child or cause the child to engage in sexual contact; or with intent to arouse or gratify the sexual desire of any person?
Indecency with a child
(Indecency with a child) What is the punishment for a person who engages in sexual contact with the child or cause the child to engage in sexual contact?
2nd degree felony
(Indecency with a child) What is the punishment for a person with intent to arouse or gratify the sexual desire of any person: exposes the anus or any part of the person's genitals, knowing the child is present, causes the child to expose the child's anus or any part of the child's genitals?
3rd degree felony (2-10 years in penitentiary)
The actor was not more than three years older than the victim and of the opposite sex; did not use duress, force, or a threat against the victim at the time of the offense; and at the time of the offense was not required to register for life as sex offender; or did not have a reportable conviction or adjudication for an offense under this section, are all examples of an?
Affirmative defense
What is the touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a child; or any touching of any body part of a child, including touch through clothing, with the anus, breast or any part of the genitals of a person?
Sexual contact
What is the punishment for the continuous sexual abuse of a child or children?
1st degree felony with life or 25-99 years
What is the willful and unlawful seizing, confining, and carrying away (asportation) of another person by either force, threat of force, fraud, or deception, and or knowing the movement of the victim is unlawful?
What are some types of kidnapping?
-Intent to commit lewd and lascivious act
-Intent to take out of state (trafficking)
-Intent to bring person in to the state (smuggling)
-Non-custodial parent
What's to facilitate the enforcement of custody and visitation orders between states?
Parental Kidnapping Prevention Act (1981)
What happened in the mid 1930's that made states pass laws to make kidnapping a 1st degree felony rather than a misdemeanor?
Lindbergh baby kidnapping
How can one constitute the crime of kidnapping?
Under common law the victim must be unlawfully (without consent) moved
What are some factors of a kidnapping?
-Movement must be "substantial" with "distance"
-Usually by "forcing" the victim to move from one place to another
-Direct physical force or by threat of physical force
Which case is the taking of a person by a person with apparent authority, who is "not" authorized by the law enforcement agency and knows it, is kidnapping. (The thwarting of the extradition process) authority is kidnapping?
United States v. Alvarez-Machain
What is to restrain a person without consent "interfere with a person's liberty"?
False imprisonment/unlawful restraint
What is the punishment for false imprisonment/unlawful restraint?
How could punishment for false imprisonment/unlawful restraint become a felony?
Restrains a person under circumstances exposing the person to risk of serious bodily injury
What is an example of involuntary servitude?
Human trafficking (voluntary); Smuggling (involuntary)
What is the federal statute passed into law by the U.S. Congress that offers protection for persons in the country illegally who may be victims of human trafficking?
Victims of Trafficking and Violence Protection Act
What act provides investigation and prosecution of violent crimes against women, imposes automatic and mandatory restitution on those convicted, and allows civil redress in cases prosecutors choose to leave unprosecuted?
Violence Against Women Act (VAWA)
What can be by menacing behavior (assault by threat) an unwelcome touch (assault by contact), bodily injury, serious bodily injury?
What threatens to commit violence against any person or property with the intent to place the victim in immediate fear of serious bodily injury?
Terrorist threat
What is recklessly engaging in contact that places another in imminent danger of serious bodily injury: knowingly discharging a weapon in the direction of another; at a building or vehicle and the person is reckless as whether or not it is occupied?
Deadly conduct
T or F: It is presumed that if the actor points the weapon at a person or persons it is an offense even if the actor believes it is unloaded?
What is the intent to harass, annoy, alarm, abuse, torment, or embarrass another: obscene comments, requests, suggestions, or proposals by writing, telephone, or electronic communication. Calling repeatedly, false report of death or serious bodily injury of another, threat to commit a felony against the person, or allowing ones phone to be used?
What is it when a person on more than one occasion knowingly engages in a course of conduct that would place a reasonable person in fear of serious bodily injury or death for himself or a family member (in person or over the internet)?
What is it when in the course of committing, attempting to commit or in flight after committing theft an actor: intentionally, knowingly or recklessly causes bodily injury to another; intentionally or knowingly threatens or places another in fear of imminent bodily injury or death?
What is the punishment for robbery?
2nd degree felony
T or F: The defendant does not actually have to acquire property to commit robbery?
T or F: For double jeopardy purposes, each victim is a distinct crime not each theft?
What is it if the actor causes serious bodily injury in the commission , attempt, or flight from, uses or exhibits a deadly weapon, or causes bodily injury to another person or threatens or places another in fear of imminent bodily injury or death if the person is: 65 +up, or disabled?
Aggravated robbery
What is the punishment for aggravated robbery?
1st degree felony
What is it without the consent of the owner the actor enters a building or automobile not open to the public with the intent to commit a felony, theft, assault, or remains concealed with the intent to commit a felony, theft, or an assault?
What is the punishment for burglary of a vehicle and coined operated machines?
T or F: "Enter" means to intrude with "any" part of the body or physical object connected with the body?
What is the punishment for entering a building?
State jail felony
What is the punishment for entering a habitation?
2nd degree felony
T or F: Exclusive and unexplained possession of property recently stolen in a burglary supports the inference that the defendant is the one who committed the burglary?
What is created or failed to correct a false impression; conversion by a bailee, theft from the person, shoplifting, acquisition of property by threat, swindling, swindling by worthless check, embezzlement, extortion, receiving or concealing embezzled property and receiving or concealing stolen property?
Theft by false pretext
What is the unlawfully appropriates property with intent to deprive the owner of the property?
What is intentionally obtaining property from another by threatening to: inflict bodily injury, accuse anyone of a criminal offense, expose any secret tending to subject any person to hatred, contempt, or ridicule, or to impair is credit/business repute, take or withhold action as an official, or cause an official to take or withhold action?
What is the offering, giving, receiving, or soliciting of any thing of value to influence action as an official or in discharge of legal or public?
What is it to threaten or take some affirmative act: commit, accuse, inflict, expose, or harm (psychic tells clients that their loved one will die of cancer if they don't give her money)
Theft by coercion
What is it to alter, make, complete, execute, or authenticate any writing so that it purports to be the act of another, and is passed or "uttered", with the intent to defraud or harm another?
What is using a false statement to obtain property?
What is a deceptive business being practiced?
Pattern of defrauding
What is engaging in organized crime?
Gang or organized retail theft
What is commercial bribery?
Rigged lottery
What is the misapplication of fiduciary property?
The spending of clients money placed in trust
What is the securing execution of document by deception?
Misleading an elderly person to give to the church when the money actually goes into the pocket of the actor
What is it with the intent to harm or defraud another, obtains, possesses, transfers, or uses an item of identifying information of another person without the person's consent?
Identity theft
What is it when the person knowingly acquires or maintains an interest in, conceals, possesses, transfers, or transports the proceed of criminal activity?
Money laundering
What is it with the intent to defraud or deceive an insurer, the person, in support of a claim for payment under an insurance policy
Insurance fraud
What is a statement that is falsely incorrect, with or without the element of knowing from the person making the statement?
False statement
What is providing a false statement to claim medical reimbursements beyond the scope of payment for actual health care services rendered?
Medicaid fraud
What is real estate considered to be?
Real property
What is all property except real estate; including money, bank accounts, and all "stuff" considered?
Personal property
What is both real and personal property?
Tangible property