MISSOURI POST UPDATED EXAM SCRIPT QUESTIONS AND
SOLUTIONS GRADED A+
✔✔Conspiracy elements - ✔✔1. intent to promote or facilitate the offense
2. agree with one or more people that they or one of them will engage in offensive
conduct
3. at least one member of the group commits an overt act in furtherance of the
agreement
✔✔overt act - ✔✔act done in furtherance of and designed to carry uot the purposes of a
conspiracy
✔✔False - ✔✔T/F An overt act need be a substantial step as required for a conviction of
an attempt to commit an offense
✔✔Four types of abuse - ✔✔physical, emotional, financial, sexual
✔✔First Degree Murder in Missouri - ✔✔Class A felony - knowingly causes the death of
another after deliberation upon the matter
✔✔False - it is not required - ✔✔T/F - The State is required to seek death even if
aggravating circumstances are present in 1st degree murder cases
✔✔deliberation - ✔✔cool reflection for any length of time no matter how brief
✔✔No, they are not - ✔✔Are mentally retarded people eligible to receive the death
penalty?
✔✔aggravating circumstances - ✔✔Any circumstances accompanying the commission
of a crime that may justify a harsher sentence
i.e. attempted rape while committing the crime
✔✔mitigating circumstances - ✔✔Any circumstances accompanying the commission of
a crime that may justify a lighter sentence - i.e. the age of the defendant, no prior
convictions, etc.
✔✔physical injury - ✔✔slight impairment of any function of the body or temporary loss
of use of any part of the body
✔✔serious physical injury - ✔✔A physical injury which creates a substantial risk of
death, or which causes death or serious and protracted disfigurement, protracted
impairment of health or protracted loss or impairment of the function of any bodily organ
✔✔Murder in the Second Degree - ✔✔Class A felony.
, 1. knowingly causes the death of another human being OR causes the death of another
human being with the purpose of causing serious physical injury OR
2. Causes the death of another person while attempting to commit any felony OR while
in immediate flight from the perpetration of any felony or attempted felony
✔✔Voluntary Mansalughter - ✔✔Class B Felony
Covers intentional killing, not justified or excusable, which are not covered by first or
second degree murder because of sudden passion.
OR knowingly assisting another in committing suicide
✔✔Involuntary Manslaughter in the First Degree - ✔✔Class C Felony - unless law
enforcement is the victim and specifically targeted, in which case it is a Class B
Recklessly causes the death of any person
✔✔Involuntary Manslaughter in the Second Degree - ✔✔Class E, unless targeted law
enforcement victim, then Class D.
Criminal negligence which causes the death of any person.
✔✔Four degrees - ✔✔how many degrees of Assault in MO?
✔✔special victim - ✔✔applicable in assault cases - law enforcement officer, emergency
personnel, elderly person, disabled person, corrections officer, highway worker in
construction zone, utility worker, cable worker, public transit worker
✔✔deadly weapon - ✔✔Any firearm, whether loaded or unloaded, or any weapon from
which a shot, readily capable of producing death or serious injury, may be discharged,
or a switchblade knife, dagger, billy club, blackjack, or metal knuckles
✔✔dangerous instrument - ✔✔any instrument, article, or substance capable of causing
death or serious physical injury in the circumstances in which it is used
✔✔Criminal Negligence - ✔✔fails to be aware of a substantial and unjustifiable risk that
circumstances exist, or as a result will follow, and such failure constitutes gross
deviation from a reasonable standard of care for the situation
✔✔Assault - 1st - ✔✔Attempts to kill another person, knowingly causes or attempts to
cause serious physical injury to another
SOLUTIONS GRADED A+
✔✔Conspiracy elements - ✔✔1. intent to promote or facilitate the offense
2. agree with one or more people that they or one of them will engage in offensive
conduct
3. at least one member of the group commits an overt act in furtherance of the
agreement
✔✔overt act - ✔✔act done in furtherance of and designed to carry uot the purposes of a
conspiracy
✔✔False - ✔✔T/F An overt act need be a substantial step as required for a conviction of
an attempt to commit an offense
✔✔Four types of abuse - ✔✔physical, emotional, financial, sexual
✔✔First Degree Murder in Missouri - ✔✔Class A felony - knowingly causes the death of
another after deliberation upon the matter
✔✔False - it is not required - ✔✔T/F - The State is required to seek death even if
aggravating circumstances are present in 1st degree murder cases
✔✔deliberation - ✔✔cool reflection for any length of time no matter how brief
✔✔No, they are not - ✔✔Are mentally retarded people eligible to receive the death
penalty?
✔✔aggravating circumstances - ✔✔Any circumstances accompanying the commission
of a crime that may justify a harsher sentence
i.e. attempted rape while committing the crime
✔✔mitigating circumstances - ✔✔Any circumstances accompanying the commission of
a crime that may justify a lighter sentence - i.e. the age of the defendant, no prior
convictions, etc.
✔✔physical injury - ✔✔slight impairment of any function of the body or temporary loss
of use of any part of the body
✔✔serious physical injury - ✔✔A physical injury which creates a substantial risk of
death, or which causes death or serious and protracted disfigurement, protracted
impairment of health or protracted loss or impairment of the function of any bodily organ
✔✔Murder in the Second Degree - ✔✔Class A felony.
, 1. knowingly causes the death of another human being OR causes the death of another
human being with the purpose of causing serious physical injury OR
2. Causes the death of another person while attempting to commit any felony OR while
in immediate flight from the perpetration of any felony or attempted felony
✔✔Voluntary Mansalughter - ✔✔Class B Felony
Covers intentional killing, not justified or excusable, which are not covered by first or
second degree murder because of sudden passion.
OR knowingly assisting another in committing suicide
✔✔Involuntary Manslaughter in the First Degree - ✔✔Class C Felony - unless law
enforcement is the victim and specifically targeted, in which case it is a Class B
Recklessly causes the death of any person
✔✔Involuntary Manslaughter in the Second Degree - ✔✔Class E, unless targeted law
enforcement victim, then Class D.
Criminal negligence which causes the death of any person.
✔✔Four degrees - ✔✔how many degrees of Assault in MO?
✔✔special victim - ✔✔applicable in assault cases - law enforcement officer, emergency
personnel, elderly person, disabled person, corrections officer, highway worker in
construction zone, utility worker, cable worker, public transit worker
✔✔deadly weapon - ✔✔Any firearm, whether loaded or unloaded, or any weapon from
which a shot, readily capable of producing death or serious injury, may be discharged,
or a switchblade knife, dagger, billy club, blackjack, or metal knuckles
✔✔dangerous instrument - ✔✔any instrument, article, or substance capable of causing
death or serious physical injury in the circumstances in which it is used
✔✔Criminal Negligence - ✔✔fails to be aware of a substantial and unjustifiable risk that
circumstances exist, or as a result will follow, and such failure constitutes gross
deviation from a reasonable standard of care for the situation
✔✔Assault - 1st - ✔✔Attempts to kill another person, knowingly causes or attempts to
cause serious physical injury to another
