NYPD 2nd Trimester Exam Questions and Answers | LATEST GRADED A+
NYPD 2nd Trimester Exam Questions and Answers | LATEST GRADED A+. Defense Types. - Justification, Infancy, 99%/Mental Disease&Defect, Entrapment 51% Infancy - Defendant is not criminally liable due to their age: - less than 7: no criminal responsibility. - 7-15: Juvenile Delinquency (13,14,15 certain felonies are juvenile offenders) - 16 or older: charged as adults. Entrapment - Occurs when a defendant is actively induced, encouraged, or lured by a public servant to commit an illegal act. Elements of an offense - Written law - defining the offense Act - constituting the external physical part of a crime committed by the offender. Mental element - the offender's state of mind toward the act. Result - injury or potential for injury produced by the act Causal Relationship - between the unlawful act, the result, and the underlying mental element. Attempt to commit a crime. - A change of attempt to commit a crime will reduce the charge by one class. ex: Class A felony to Class B Felony. Attempt - Engages in conduct which tends to effect the commission of such crime. Forcible Touching (M) - intentionally and for no legitimate purpose, squeezes, grabs or pinches the sexual or other intimate parts of another person. Facilitating a sex offense with a controlled substance (F) - Knowingly give victim substance without consent. Intent to commit felony sex offense. Lack of consent. - Mentally disabled Mentally incapacitated Physically helpless Forcible compulsion underage office of children and family services health/mental health care provider correctional facility vulnerable person Sexual abuse (M) - a person subjects another person to sexual contact: victim is over 10 but less than 17 yrs old victim is incapable of consent for reasons other than age (mentally disabled or incapacitated) without consent Sexual abuse (F) - a person subjects another person to sexual contact: by forcible compulsion victim physically helpless victim is less than 11 yrs old victim is less than 13 yrs old and the actor is 21 or older. NYPD 2nd Trimester Review | 189 QUESTIONS AND ANSWERS LATEST GRADED A+ Aggravated Sexual Abuse (F) - when a person insert: a foreign object (whether or not causing physical injury) or a finger (causing PI or SPI) into another person's "PURV" Penis Urethra Rectum Vagina without consent. Accessorial conduct - acting with the mental culpability for the commission of an offense. Directs or aids another person to engage in an offense. "acting in concert" Individuals acting with the same mental state are both guilty of an offense. Statute of limitations - class a and certain b felonies = no time limit certain class b and c,d,e felony = 5 years misdemeanor = 2 yrs petty offense = 1 yr Purpose of the penal law - forbid conduct that causes or threatens to cause harm. Intent and Motive - the determination to an act the desire to make you want to do a criminal act. 4 culpable mental states. - reckless - aware of and disregards risk intentional - objective is to cause a result criminal negligence - fails to see risk knowingly - aware of conduct causing risk. reckless - aware of and disregards risk intentional - objective is to cause a result criminal negligence - fails to see risk knowingly - aware of conduct causing risk harassment (V) - HIT + no injury or follow or annoy/alarm harassment (M) - repeatedly harass or cause fear of PI aggravated harassment (M) - use communication device to cause fear of PI/property damage Family + physical contact/PI Harassing via telephone with no other purpose of legitimate communication aggravated harassment (F) - noose, swastika, burn cross in public cause $50 in damage, Discrimination. Public Lewdness (M) - Naked + intent of being observed. Public lewdness 1st Degree (M) - naked + 19 or more + juvenile (15 or less) Reckless Endangerment (M) - reckless + risk of PI or SPI no injury is incurred. Reckless endangerment (F) - Depraved indifference + risk of SPI/Death no injury is incurred. Menacing 2nd Degree (M) - Threat with weapons intended to cause imminent fear of PI/SPI or death. Menacing 3rd Degree - Threat intended to cause imminent fear of PI/SPI or death Stalking 4th Degree (M) - Cause reasonable fear of material harm to person/family or a third party. Cause material harm by following/telephoning or initiating communication reasonably fear that their employment, business, or career is threatened. Stalking 3rd Degree (M) - Cause fear of PI, SPI or death; the commission of a sex offense, kidnapping, unlawful imprisonment. Assault 3 (M) - I PI NO Intends and causes PI R PI NO Recklessly causes PI/SPI w/o weapon R SPI NO Recklessly causes PI with weapon R PI YES Crim Negli causes PI/SPI with weapon C PI YES Crim Negli no weapon = civil C SPI YES Assault 2 (F) - intends and causes SPI intends and causes PI with weapon recklessly causes SPI with weapon causes PI on city employee intends and causes PI on victim 65 years or older AND at least 10 yrs younger. Assault on a peace officer, police officer, firefighter or EMS (F) - intentionally cause SPI Assault 1 (F) - intend SPI with DW/DI, causes SPI Disfigurement intended and caused. Depraved indifference causes SPI Aggravated Assault Upon a person less than 11 yrs old (F) - Person 18 or older commits Assault 3 (M) upon a person less than 11 yrs old Aggravated Assault upon a police or a peace officer (F) - intend SPI with weapon on PO, causes SPI Gang Assault (F) - 3 + intend PI/SPI cause SPI Criminal Obstruction of Breathing or blood circulation (M) - intentionally block nose, mouth or nose. Strangulation 2 (F) - Criminal obstruction of breathing + PI/unconsiousness Strangulation 1 (F) - Criminal obstruction of breathing + SPI Criminal Contempt (M) - intentional disobedience of lawful court mandate Criminal Contempt (F) - violates OOP + harassing, menacing or causing fear. aggravated criminal contempt (F) - violates OOP + intends or recklessly causes SPI or PI Murder 1 (F) - 19 yrs old and older intentionally causes death of a city employee; witness life sentence serial killer torture to death killer for hire Murder 1 (F) - intentionally causes death depraved indifference causes death while attempting, committing or fleeing any of the following felonies: CARBRAKES Criminal sexual act Aggravated Sexual Abuse kidnapping Arson escape 1 and 2 robbery sexual abuse 1 burglary rape 1 Manslaughter 2 (F) - recklessly causes death abortion before 24 weeks aids suicide manslaughter 1 (F) - intends SPI causes death abortion after 24 weeks EDP causes death 18 or older recklessly causes death of child or less unlawful dealing with a child 2nd degree (M) - owner allows child in bar, hookah spot, tattoo parlor without guardian A person tattoos the body of a child less than 18 A person sells tobacco in any form to a child less than 18 unlawful dealing with child 1st degree (M) - knowingly permits a child less than 18 to enter premises where is sexual activity, controlled substances, or marijuana. gives sells or causes to be given or sold any alcoholic beverage to a person less than 21 years old. kidnapping (F) - when a person abducts another person often committed with robbery or larceny custodial interference (M) - relative of a child less than 16, intending to hold the child permanently or for a long period of time and knowing that he has no right to do so. custodial interference (F) - a person removes such person from the state with intent to remove them permanently endangering the welfare of an incompetent or physically disabled person (M) - recklessly engages in conduct which is likely to be injurious to the physical, mental or moral welfare of a person who is unable to care for him or herself. endangering the welfare of an incompetent or physically disabled person (F) - knowingly engages in conduct which is likely to be injurious to the physical mental or moral welfare of a person who is unable to care for him or herself Abandoned Infant Protection Act - Persons unable to care for their newborn infants can anonymously leave the infant (up to 30 days old) at a hospital, police station, fire station or another safe location. Arson (F) - Recklessly damages a building or vehicle by intentional fire or explosion. OR Intentionally fire or explosion. Multiple units in one building = one charge of arson. Abandoned buildings are considered buildings for arson. Arson (M) - Intentionally damaging any property by starting a fire. Causing an explosion. If a building or vehicle is damaged, the charge is Arson Felony. Possession of Burglar's Tools (M) - Possesses a tool, instrument, or article showing intent to use such item to facilitate an offense involving: Forcible entry into premises Larceny by physical taking Theft of services/ phones & meters Burglary (F) - Knowingly enters or remains unlawfully in a building with the intent to commit a crime. Note: mere intent to commit a crime is sufficient. Criminal Trespass ( F) - Knowingly enters or remains unlawfully in a building and possesses or knows another participant to posses: "FREDS" Firearm Rifle Explosive Deadly weapon Shotgun Amno is readily available and capable of being used Trespass ( Violation) - Knowingly enters or remains unlawfully upon premises. Unfenced land Open abandoned building in disrepair Disregard of "No Trespassing" signs Criminal Trespass (M) - Knowingly enters or remains unlawfully in a building or real property Fenced or enclosed School Building/ Public Housing Rapid Transit Property Criminal Mischief ( F) - Intent to damage over $250. Intent to damage by means of an explosive.(Any dollar amount) Criminal Mischief (M) - Intent to damage property $250 or less. Intent in the destruction of an abandoned building (At least a 3 family house). Recklessly damages of another and its over $250 ($250 and under is civil matter). Intentionally disables or removes telephone or teletypewriter device (TTY) to prevent a person from seeking emergency assistance. For Passive Resistance - The appropriate charge is not resisting arrest. They may be charged obstructing governmental administration. Obstructing Governmental Administration (M) - Person intentionally obstructs, impairs or prevents the administration of law or other government function. OR Prevents or attempts to prevent a public servant from performing official functions by: Intimidation Physical force Dangerous Animal Interference with Governmental telecommunications. Obstructing Governmental Administration (F) - Interferes with governmental telecommunications, thereby causing SPI to another person. O.G.A. by means of a self defense spray (F) - Intentionally causes temporary physical impairment to a PO or peace officer by discharging a self defense spray device to prevent a PO or peace officer from performing a lawful duty. Escape (M) - A person escapes from custody having been arrested for a petty offense or misdemeanor. Note: Attempted escape may be charged. Escape (F) - Escapes from a detention facility. Escapes from custody, after being charged/ convicted of felony. Adjudicated a youth offender for a felony, escapes from custody or juvenile detention facility. "No Sock Law" - A person using force to resist an unauthorized arrest CANNOT be charge with resisting arrest, but they CAN be charge with assault or harassment. For Active Resistance - The appropriate charge is Resisting Arrest Resisting Arrest (M) - Intentionally prevents or attempts to prevent a police/ peace officer from effecting an authorized arrest of himself of another. Safeguarding Prisoners Leg restraints MUST be used when: - Transporting a prisoner that has refused to be fingerprinted. To a hospital for medical treatment who has been determined to be an escape risk. Should leg restraints not be used due to the desk officer, a command log entry will be made. Criminal possession of forged instrument ( M) - Intent to defraud, a person utters or possesses a forged instrument knowing it is forged. Criminal possession of a forged instrument (F) - A person possesses any of the forged instruments: Deed Will Public record Prescription from licenses physician False Impersonation (M) - Only can be charged after being warned of the consequences for giving wrong name, D.O.B., or address with the intention of preventing police or peace officer from ascertaining such ininformation Forgery (M) - Intent to defraud, deceive or injure a person: he or she make or completes or alters a written instrument. Forgery (F) - Intent to defraud, deceive or injure a person: he or she make or completes or alters a written instrument consisting of
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