MISSOURI POST FINAL EXAM ACTUAL QUESTIONS AND
SOLUTIONS GRADED A+
✔✔Assault - 1st - ✔✔Attempts to kill another person, knowingly causes or attempts to
cause serious physical injury to another
✔✔Assault - 2nd - ✔✔Assault with sudden passion, deadly weapon, or reckless
physical injury or reckless discharge of firearm causing injury
✔✔Assault - 3rd - ✔✔Knowingly causes physical injury to another person
✔✔Assault - 4th - ✔✔1. attempts to cause or recklessly causes physical injury, pain or
illness
2. with criminal negligence causes physical injury by firearm
3. purposefully places another person in apprehension of immediate physical injury; or
4. recklessly engages in conduct which creates a substantial risk or death or serious
injury; or
5. contact with a disabled person which is offensive or provocative
6. knowing contact w another person who will regard the contact as offensive
✔✔False - they usually may not - ✔✔T/F - A victim may usually consent to serious
physical injury
✔✔Three types of consent to serious physical injury - ✔✔1. employment
2. lawful athletic events
3. Medical treatment
✔✔emotional distress - ✔✔markedly greater than the level of uneasiness, nervousness,
unhappiness, or the like which are commonly experienced in day-to-day living
✔✔elderly person - ✔✔60 years of age or older
✔✔Rape in the 1st Degree - ✔✔sexual intercourse by using forcible compulsion OR
with someone who lacks capacity to consent
Punishable with life in prison, or no less than 5 years
✔✔Sodomy in the First Degree - ✔✔Deviate sexual intercourse with another person by
forcible compulsion or with someone who lacks consent
Punishable with life in prison, or no less than 5 years
✔✔rape in the second degree - ✔✔sexual intercourse without consent - Class D felony
, ✔✔Sodomy in the Second Degree - ✔✔deviate sexual intercourse without consent -
Class D felony
✔✔forcible compulsion - ✔✔Either:
1. physical force that overcomes reasonable resistance OR
2. threat, express or implied, that places person in reasonable fear of death, kidnapping
or serious physical injury
✔✔Yes, it does include - ✔✔Does forcible compulsion include the use of a substance
administered without a victim's knowledge or consent? aka rape drugs?
✔✔sexual intercourse - ✔✔penetration of female genitalia by the penis
✔✔deviate sexual intercourse - ✔✔any act involving genitals of one person and the
hand, mouth, tongue, anus, finger of another person or instrument or object of another
person for sexual purposes
✔✔sexual contact - ✔✔any touching of the anus, breast, or any part of the genitals of
another person with intent to arouse or gratify the sexual desire of any person.
✔✔under 14 years old - ✔✔statutory rape age
✔✔offender is over 21 and victim is under 17 - ✔✔ages of statutory sodomy in the
second degree
✔✔statutory rape in the second degree - ✔✔21 years old or older has sexual
intercourse with someone under 17
✔✔Mistake as to age - ✔✔it is not defense that the defendant believed the child to be
older
✔✔Affirmative defense of belief of age - ✔✔it is an affirmative defense that the
defendant reasonable believed that the child was 17 years or older
✔✔No, it is not a defense - ✔✔Is consent a defense to a sexual offense if the victim is
less than 14 years of age?
✔✔Romeo and Juliet window - ✔✔young adults will not face potential prosecution for
engaging in consensual sexual conduct with other teenagers
✔✔Child Molestation in the First Degree - ✔✔1. subjects a child under 14 to sexual
contact and it's an aggravated sexual offense.
SOLUTIONS GRADED A+
✔✔Assault - 1st - ✔✔Attempts to kill another person, knowingly causes or attempts to
cause serious physical injury to another
✔✔Assault - 2nd - ✔✔Assault with sudden passion, deadly weapon, or reckless
physical injury or reckless discharge of firearm causing injury
✔✔Assault - 3rd - ✔✔Knowingly causes physical injury to another person
✔✔Assault - 4th - ✔✔1. attempts to cause or recklessly causes physical injury, pain or
illness
2. with criminal negligence causes physical injury by firearm
3. purposefully places another person in apprehension of immediate physical injury; or
4. recklessly engages in conduct which creates a substantial risk or death or serious
injury; or
5. contact with a disabled person which is offensive or provocative
6. knowing contact w another person who will regard the contact as offensive
✔✔False - they usually may not - ✔✔T/F - A victim may usually consent to serious
physical injury
✔✔Three types of consent to serious physical injury - ✔✔1. employment
2. lawful athletic events
3. Medical treatment
✔✔emotional distress - ✔✔markedly greater than the level of uneasiness, nervousness,
unhappiness, or the like which are commonly experienced in day-to-day living
✔✔elderly person - ✔✔60 years of age or older
✔✔Rape in the 1st Degree - ✔✔sexual intercourse by using forcible compulsion OR
with someone who lacks capacity to consent
Punishable with life in prison, or no less than 5 years
✔✔Sodomy in the First Degree - ✔✔Deviate sexual intercourse with another person by
forcible compulsion or with someone who lacks consent
Punishable with life in prison, or no less than 5 years
✔✔rape in the second degree - ✔✔sexual intercourse without consent - Class D felony
, ✔✔Sodomy in the Second Degree - ✔✔deviate sexual intercourse without consent -
Class D felony
✔✔forcible compulsion - ✔✔Either:
1. physical force that overcomes reasonable resistance OR
2. threat, express or implied, that places person in reasonable fear of death, kidnapping
or serious physical injury
✔✔Yes, it does include - ✔✔Does forcible compulsion include the use of a substance
administered without a victim's knowledge or consent? aka rape drugs?
✔✔sexual intercourse - ✔✔penetration of female genitalia by the penis
✔✔deviate sexual intercourse - ✔✔any act involving genitals of one person and the
hand, mouth, tongue, anus, finger of another person or instrument or object of another
person for sexual purposes
✔✔sexual contact - ✔✔any touching of the anus, breast, or any part of the genitals of
another person with intent to arouse or gratify the sexual desire of any person.
✔✔under 14 years old - ✔✔statutory rape age
✔✔offender is over 21 and victim is under 17 - ✔✔ages of statutory sodomy in the
second degree
✔✔statutory rape in the second degree - ✔✔21 years old or older has sexual
intercourse with someone under 17
✔✔Mistake as to age - ✔✔it is not defense that the defendant believed the child to be
older
✔✔Affirmative defense of belief of age - ✔✔it is an affirmative defense that the
defendant reasonable believed that the child was 17 years or older
✔✔No, it is not a defense - ✔✔Is consent a defense to a sexual offense if the victim is
less than 14 years of age?
✔✔Romeo and Juliet window - ✔✔young adults will not face potential prosecution for
engaging in consensual sexual conduct with other teenagers
✔✔Child Molestation in the First Degree - ✔✔1. subjects a child under 14 to sexual
contact and it's an aggravated sexual offense.
