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Exam (elaborations)

OPOTA UNIT 2 EXAM QUESTIONS WITH CORRECT ANSWERS- LEGAL

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OPOTA UNIT 2 EXAM QUESTIONS WITH CORRECT ANSWERS- LEGAL

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2.1-List the general elements of a crime. - Answer--A prohibited act ("actus reus") and...

-A specific mental intent ("mens rea") that ...

-Occur at the same time ("concurrence") and...

-Bring about a particular result made unlawful by the statute ("causation)



2.1-Define the culpable mental states "purposely," "knowingly," "recklessly," and "negligently." -
Answer--Purposely - A person acts purposely when it is the person's specific intention to cause a certain
result, or , when the gist of the offense is a prohibition against conduct of a certain nature, regardless of
what the offender intends to accomplish thereby, it is the offender's specific intention to engage in
conduct of that nature.

-Knowingly - A person acts knowingly, regardless of purpose, when the person is aware that the person's
conduct will probably cause a certain result or will probably be of a certain nature

-Recklessly - A person acts recklessly when, with heedless indifference to the consequences , the person
disregard a substantial and unjustifiable risk that the person's conduct is likely to cause a certain result
or is likely to cause a certain result or is likely to be a certain nature

-Negligently - A person acts negligently when, because of a substantial lapse from due care, the person
fails to perceive or avoid a risk that the person's conduct may cause result or may be of a certain nature



2.1-Identify the R.C. 2923.02 offense of Attempt to Commit an Offense according to it's elements. -
Answer-It is a crime to....

-Purposely or knowingly, when such purpose or knowledge is sufficient culpability for the commission of
an offense, to ...

-Engage in conduct that, if successful, would constitute or result in the offense



2.2A-Identify the R.C. Chapter 2903 offense in the example according to the elements of that offense. -
Answer--Aggravated Murder

-Murder

-Voluntary Manslaughter

-Involuntary Manslaughter

-Reckless Homicide

,-Negligent Homicide

-Aggravated Vehicular Homicide, Vehicular Homicide, Vehicular Manslaughter

-Aggravated Vehicular Assault; Vehicular Assault

-Felonious Assault

-Aggravated Assault

-Assault

-Negligent Assault

-Aggravated Menacing

-Menacing

-Menacing by stalking



Aggravated Murder - Answer-No person shall purposely, and with prior calculation and design, cause the
death of another or the unlawful termination of another's pregnancy.



Murder - Answer-No person shall purposely cause the death of another or the unlawful termination of
another's pregnancy.



Voluntary Manslaughter - Answer-No person, while under the influence of sudden passion or in a
sudden fit of rage, either of which is brought on by serious provocation occasioned by the victim that is
reasonably sufficient to incite the person into using deadly force, shall knowingly cause the death of
another or the unlawful termination of another's pregnancy.



Involuntary Manslaughter - Answer-No person shall cause the death of another or the unlawful
termination of another's pregnancy as a proximate result of the offender's committing or attempting to
commit a felony.



Reckless Homicide - Answer-No person shall recklessly cause the death of another or the unlawful
termination of another's pregnancy.

,Negligent Homicide - Answer-No person shall negligently cause the death of another or the unlawful
termination of another's pregnancy by means of a deadly weapon or dangerous ordnance



Aggravated vehicular homicide - vehicular homicide - vehicular manslaughter - Answer-No person, while
operating or participating in the operation of a motor vehicle, motorcycle, snowmobile, locomotive,
watercraft, or aircraft, shall cause the death of another or the unlawful termination of another's
pregnancy in any of the following ways



Aggravated vehicular assault; vehicular assault - Answer-No person, while operating or participating in
the operation of a motor vehicle, motorcycle, snowmobile, locomotive, watercraft, or aircraft, shall
cause serious physical harm to another person or another's unborn



Felonious Assault - Answer-No person shall knowingly do either of the following:

(1) Cause serious physical harm to another or to another's unborn;

(2) Cause or attempt to cause physical harm to another or to another's unborn by means of a deadly
weapon or dangerous ordnance.



Aggravated Assault - Answer-No person, while under the influence of sudden passion or in a sudden fit
of rage, either of which is brought on by serious provocation occasioned by the victim that is reasonably
sufficient to incite the person into using deadly force, shall knowingly:

(1) Cause serious physical harm to another or to another's unborn;



Assault - Answer-No person shall knowingly cause or attempt to cause physical harm to another or to
another's unborn



Negligent Assault - Answer-No person shall negligently, by means of a deadly weapon or dangerous
ordnance as defined in section 2923.11 of the Revised Code, cause physical harm to another or to
another's unborn

, Aggravated Menacing - Answer-No person shall knowingly cause another to believe that the offender
will cause serious physical harm to the person or property of the other person, the other person's
unborn, or a member of the other person's immediate family



Menacing by Stalking - Answer-No person by engaging in a pattern of conduct shall knowingly cause
another person to believe that the offender will cause physical harm to the other person or a family or
household member of the other person or cause mental distress to the other person or a family or
household member of the other person



Menacing - Answer-No person shall knowingly cause another to believe that the offender will cause
physical harm to the person or property of the other person, the other person's unborn, or a member of
the other person's immediate family.



2.2A-Identify the R.C. Chapter 2905 offenses in the example according to the elements of that offense -
Answer--Kidnapping

-Abduction

-Unlawful Restraint

-Criminal Child Enticement

-Trafficking in Persons



Kidnapping - Answer-No person, by force, threat, or deception, or, in the case of a victim under the age
of thirteen or mentally incompetent, by any means, shall remove another from the place where the
other person is found or restrain the liberty of the other person, for any of the following purposes:

(1) To hold for ransom, or as a shield or hostage;

(2) To facilitate the commission of any felony or flight thereafter;

(3) To terrorize, or to inflict serious physical harm on the victim or another;

(4) To engage in sexual activity, as defined in section 2907.01 of the Revised Code, with the victim
against the victim's will;

(5) To hinder, impede, or obstruct a function of government, or to force any action or concession on the
part of governmental authority

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