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Exam (elaborations)

RBC TEST 2 with complete solutions

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lewd conduct - Answer- touching of any private parts including your own with intent to annoy or sexually gratify.. elements for this are in public, solicit or engage in or in a place open to public view (M) its about what society does and does not want to see in public, quality of life issue invasion of privacy - Answer- intent to invade someones right to privacy, by using some means to defeat it. could be camera, binoculars, into bedroom, changing room. tanning booth, or any place where someone has an expectation of privacy and you actively commit an act to defeat it. (M) Prostitution - Answer- elements are anyone who solicits.. agrees to engage in engages in or any sexual favor in return for money the act itself doesn't have to be committed for the crime elements to be met (M) Loitering with intent to commit prostitution - Answer- (M) standing on the corner loitering about a public toilet - crime elements - Answer- • loitering in or about, • any toilet facility, • open to the public, • for the purpose of soliciting or engaging in, • a lewd or lascivious or unlawful act. Classification: misdemeanor. ex a man in the mens bathroom who stares at their penis when they pee or a man standing outside of the ladies room offering to engage in sexual activity or drugs in the bathroom usually this is a glory hole kinda situation Public Intoxication - Answer- in a public place under the influence unable to care for themselves or others and or is blocking a public way this can occur in a bar example a man fell over in his chair in the bar because he was too drunk.. unable to care for himself in a public space and blocking a public way pimping and pandering are the only general criminal statutes that are - Answer- felonies public intoxication does not require - Answer- field or chemical tests Prowling - Crime elements - Answer- • any person who loiters, prowls, or wanders, • on private property of another, at any time, • without visible or lawful business with the owner or occupant. Classification: misdemeanor ex a woman who enters a backyard unknown to the owners with the intent of looking around to steal something or a man walking around an apartment complex to see if someone was home with intent to rob the place Peeping - crime elements - Answer- • loitering, prowling, or wandering, • on the private property of another, at any time, • peeking in the door or window of any inhabited building or structure, • without visible or lawful business with the owner or occupant. Classification: misdemeanor peeping must meet - Answer- all the crime elements of prowling and in addition must be looking into doors or windows disturbing the peace crime elements - Answer- when a persons actions causes fighting, loud noises or offensive words fighting can be physical or just challenging someone loud noise must be maliciously and willfully disturb others offensive language is that in a public space that will likely cause a fight, the immediate response of violence applies to cops too, if no violence happened as a result you need to document why in your report ex a motorcycle reving at 3 am unreasonable but not at 10 am a driver honking like cray to get people out of the way not ok. but a warning to avoid a crash is ok disturbing the peace comes down to time of day and totality of present circumstances of what society is prepared to accept as reasonable or not Obstruction of a Public Way - Answer- a person willfully and maliciously obstructs the free movement of another person on any street, sidewalk, or other public place ex a bunch of teens hanging out on a sidewalk not moving for people walking by and forcing them into the street to move around them or protesters who block a road way and prevent cars from moving through Intimidation of witnesses and victims - Answer- any person who attempt to prevent a witness or victim from attending or giving testimony at a trial you have to prove willful and specific and malicious intent to do so this includes making a police report, ex a witness coming forward Felony the crime element for arrest only needs intimidation or a threat, doesn't have to be actually committed harming that person. example a husband slaps a wife and tells her he would really beat her up if she went to the cops

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