ND Post Exam Study Guide
where can an officer take a 10-56 (4 places) - answer1. the persons home 2.detox
3. hospital
4. jail
how long can an intoxicated person be held in jail? - answer24 hours
who can order treatment and for how long? - answer physician, LAC, or detox center
(for 72 hours)
can a person be charged with public intoxication in ND - answerNO
when can a minor (under 21) possess alcohol? - answer1. religious service
2. entering restaurants
3. employment circumstances
4. under age LEO
what must you do for a juvenile drinking (under 18) - answerarrest. (refer to court)
when is a person deemed 21 - answer8 am of their 21st birthday (for alcohol purposes)
charge level of misrepresentation / misstating of age - answerclass B misdemeanor
charge level of delivering alcohol to a minor, habitual drunkard, incompetent person, or
drunk person, selling (dispensing) outside of lawful days and times, allowing someone
under 21 to remain on the alcohol licensed premise outside of the above exceptions -
answerClass A misdemeanor
when it is prohibited to sell alcohol. If you do, what is the penalty - answer1. after 2 am
on Sundays
2. before noon on Sundays
3. between 2am and 8am on all other days
4. after 6pm on Christmas Eve
-Penalty is Class A Misdemeanor
how can you prove you were innocent (Prima Facie) of unlawful delivery of alcohol -
answerthe purchaser falsely represented their age with reliable docs, the person
appeared to be ordinarily prudent and 21 years of age, and the sale was made based
on the false documents
can a person who was operating under the influence of intoxicating liquor be refused to
be released upon promise to appear? - answeryes
,define: criminal attempt - answera substantial step toward the commission
define: criminal facilitation - answerassistance to a person intending to commit a felony
define: conspiracy - answerif he agrees with one or more persons to engage
define: criminal solicitation - answerinduced, entreats, persuades, to commit a felony
define: physical obstruction of government function - answerobstruct administration
define: preventing arrest or discharge of other duties - answerintent to prevent a public
servant
define: hindering law enforcement - answerhinder apprehension, prosecution, conviction
define: criminal coercion - answerthreaten to expose a secret
define: threatening public servants - answerintent to influence official action
define: impersonating officials - answerfalsely pretends to be public servants
define: prostitution - answersolicits another person with the intent of being hired to
engage in sex
define: promoting prostitution - answeroperates a prostitution business or house of
prostitution
define: facilitating prostitution - answerknowingly solicits a person to patronize a
prostitute or procures a prostitute for a patron
define: adultery - answersexual relations with someone other than spouse
define: fornication - answera minor engaging in a sexual act
2 charges of fornication - answerClass B misdemeanor. If an individual does it in a
public place it is a Class A misdemeanor
define: bigamy - answermarrying a person whole already married to another
define: sexual act - answersexual contact between human beings.. penis and vulva..
penis and anus. REQUIRES PENETRATION
define: sexual contact - answermeans touching, whether or not through the clothing or
other covering of the sexual.. intimate parts.. for the purpose for arousing or satisfying
sexual or aggressive desires
, define: indecent exposure - answermasturbates in a public place
when can a public disturbance be considered a riot? - answerwhen there is an
assemblage of 5 or more people
define: terrorizing - answerfear for their safety.. threaten to commit.. act dangerous to
human life
define: harassment - answerfrighten.. threat of injury by writing or by phone
define: reckless endangerment - answercreate a substantial risk of serious bodily injury
or death
define: menacing - answerplace another in fear of imminent serious bodily injury
define: felonious restraint - answerabduct another and restrain them under terrorizing
circumstances
define: criminal mischief - answerWillfully tampers with tangible property of another so
as to endanger person or property; or willfully damages tangible property of another
where do appeals from municipal court and administrative hearings go? - answerdistrict
court
burglary is a combination of which two offenses - answertrespassing and any other
crime. it is ALWAYS a felony
define: unlawful imprisonment - answerunlawful restraint
define: disorderly conduct - answerreckless disregard, another person is harassed,
annoyed, or alarmed while loitering in a public place.. if with intent to harass, annoy,
alarm, exposes one's penis, vulva, or anus
define: intentionally - answerpurpose to do so (on purpose)
define: recklessly - answerclearly unjustifiable disregard
define: knowingly - answerfirm belief
define: negligently - answerunreasonable disregard
define: willfully - answerall except negligently - intentionally, recklessly, knowingly
if a statue does not specify the culpability, what is it? - answerwillfully
where can an officer take a 10-56 (4 places) - answer1. the persons home 2.detox
3. hospital
4. jail
how long can an intoxicated person be held in jail? - answer24 hours
who can order treatment and for how long? - answer physician, LAC, or detox center
(for 72 hours)
can a person be charged with public intoxication in ND - answerNO
when can a minor (under 21) possess alcohol? - answer1. religious service
2. entering restaurants
3. employment circumstances
4. under age LEO
what must you do for a juvenile drinking (under 18) - answerarrest. (refer to court)
when is a person deemed 21 - answer8 am of their 21st birthday (for alcohol purposes)
charge level of misrepresentation / misstating of age - answerclass B misdemeanor
charge level of delivering alcohol to a minor, habitual drunkard, incompetent person, or
drunk person, selling (dispensing) outside of lawful days and times, allowing someone
under 21 to remain on the alcohol licensed premise outside of the above exceptions -
answerClass A misdemeanor
when it is prohibited to sell alcohol. If you do, what is the penalty - answer1. after 2 am
on Sundays
2. before noon on Sundays
3. between 2am and 8am on all other days
4. after 6pm on Christmas Eve
-Penalty is Class A Misdemeanor
how can you prove you were innocent (Prima Facie) of unlawful delivery of alcohol -
answerthe purchaser falsely represented their age with reliable docs, the person
appeared to be ordinarily prudent and 21 years of age, and the sale was made based
on the false documents
can a person who was operating under the influence of intoxicating liquor be refused to
be released upon promise to appear? - answeryes
,define: criminal attempt - answera substantial step toward the commission
define: criminal facilitation - answerassistance to a person intending to commit a felony
define: conspiracy - answerif he agrees with one or more persons to engage
define: criminal solicitation - answerinduced, entreats, persuades, to commit a felony
define: physical obstruction of government function - answerobstruct administration
define: preventing arrest or discharge of other duties - answerintent to prevent a public
servant
define: hindering law enforcement - answerhinder apprehension, prosecution, conviction
define: criminal coercion - answerthreaten to expose a secret
define: threatening public servants - answerintent to influence official action
define: impersonating officials - answerfalsely pretends to be public servants
define: prostitution - answersolicits another person with the intent of being hired to
engage in sex
define: promoting prostitution - answeroperates a prostitution business or house of
prostitution
define: facilitating prostitution - answerknowingly solicits a person to patronize a
prostitute or procures a prostitute for a patron
define: adultery - answersexual relations with someone other than spouse
define: fornication - answera minor engaging in a sexual act
2 charges of fornication - answerClass B misdemeanor. If an individual does it in a
public place it is a Class A misdemeanor
define: bigamy - answermarrying a person whole already married to another
define: sexual act - answersexual contact between human beings.. penis and vulva..
penis and anus. REQUIRES PENETRATION
define: sexual contact - answermeans touching, whether or not through the clothing or
other covering of the sexual.. intimate parts.. for the purpose for arousing or satisfying
sexual or aggressive desires
, define: indecent exposure - answermasturbates in a public place
when can a public disturbance be considered a riot? - answerwhen there is an
assemblage of 5 or more people
define: terrorizing - answerfear for their safety.. threaten to commit.. act dangerous to
human life
define: harassment - answerfrighten.. threat of injury by writing or by phone
define: reckless endangerment - answercreate a substantial risk of serious bodily injury
or death
define: menacing - answerplace another in fear of imminent serious bodily injury
define: felonious restraint - answerabduct another and restrain them under terrorizing
circumstances
define: criminal mischief - answerWillfully tampers with tangible property of another so
as to endanger person or property; or willfully damages tangible property of another
where do appeals from municipal court and administrative hearings go? - answerdistrict
court
burglary is a combination of which two offenses - answertrespassing and any other
crime. it is ALWAYS a felony
define: unlawful imprisonment - answerunlawful restraint
define: disorderly conduct - answerreckless disregard, another person is harassed,
annoyed, or alarmed while loitering in a public place.. if with intent to harass, annoy,
alarm, exposes one's penis, vulva, or anus
define: intentionally - answerpurpose to do so (on purpose)
define: recklessly - answerclearly unjustifiable disregard
define: knowingly - answerfirm belief
define: negligently - answerunreasonable disregard
define: willfully - answerall except negligently - intentionally, recklessly, knowingly
if a statue does not specify the culpability, what is it? - answerwillfully