Criminal Law Bar Exam Correct 100%

February 2015, 2018 2nd degree kidnapping - ANSWER is the forcible taking of a person from one place to another, persuading someone to go from one place to another, or imprisoning or secreting a person, when that person is (1) taken as a hostage (2) used as a human shield (3) sexually or physically abused (4) taken for more than 72 hours (5) used to facilitate a felony or flight from felony, or (6) taken either with the use of dangerous weapon or under the guise the offender has a dangerous weapon. False imprisonment - ANSWER is the confinement of another without the legal authority to do so. February 2013, 2015, 2018, July 2013, 2018 False imprisonment with a dangerous weapon - ANSWER is the confinement of other, without the legal authority to do so, with the use of a dangerous weapon. Simple robbery - ANSWER is the taking of anything of value from another, with the use of force or intimidation, from the person or immediate vicinity of the victim. July 2013, 2016, 2017, February 2015, 2019 Armed robbery - ANSWER is the taking of anything of value from another, with the use of force or intimidation, from the person or immediate vicinity of victim, with the use of a dangerous weapon. 1st degree robbery - ANSWER is the taking of anything of value from another, with the use of force or intimidation, from the person or immediate vicinity of victim, by making the victim believe that he has a dangerous weapon 2nd degree robbery - ANSWER is the taking of anything of value from another, with the use of force or intimidation, from the person or immediate vicinity of victim, and infliction of great bodily harm on the victim. Great bodily harm in this context means: unconsciousness, severe bodily pain, disfigurement, loss of enjoyment of life, introduction to chance of death. July 2013, 2014 Carjacking - ANSWER is the intentional taking of a motor vehicle in the immediate presence of the victim with the use of force or intimidation. Carjacking and one of the robbery crimes can occur from the same action. February 2012, 2014, 2016, July 2014 Simple burglary - ANSWER is the unauthorized entering of a movable or immovable belonging to another with the specific intent to commit a theft or felony while inside. February 2013, 2015, July 2012, 2013, 2017, 2018 Aggravated burglary - ANSWER is the unauthorized entering of a movable or immovable belonging to another with the specific intent to commit a theft or felony while inside, and one of the following accompanies: (1) the offender is armed with a dangerous weapon, (2) the offender becomes armed with a dangerous weapon after entering, or (3) the offender commits a battery while inside. Burglary of an inhabited dwelling - ANSWER occurs when the offender enters, without authorization, a dwelling where someone is present with the specific intent to commit a theft or felony while inside. Burglary of a pharmacy - ANSWER occurs when the offender enters, without authorization, a pharmacy with the intent to commit a theft of a drug or a felony while inside. Burglary of a law enforcement vehicle - ANSWER occurs when the offender enters, without authorization, a law enforcement vehicle with the intent to commit a theft or felony while inside. Unauthorized entry of critical infrastructure - ANSWER occurs when the offender enters critical infrastructure (such as a power plant) without authorization, which is surrounded by a barrier. July 2014 Unauthorized entry of a place of business - ANSWER occurs when the offender enters a place of business without authorization, which is surrounded by at least a 6-foot barrier. Unauthorized entry of an inhabited dwelling - ANSWER occurs when the offender enters a place used as someone's abode that does not belong to him, where people are present, and without authorization. February 2012, 2013, 2014, 2016, July 2012, 2014 Criminal trespass - ANSWER occurs when offender enters or remains upon another's movable or immovable without authorization and is not a first responder, government agent, retrieving an animal, or when the owner fails to post his boundaries. Criminal vehicular trespass - ANSWER occurs when the offender enters or remains inside another's motor vehicle without authorization. Entering or remaining upon a place of business after being forbidden - ANSWER occurs when the offender is prohibited from entering or asked to leave and he enters or remains upon the business' premises. Simple, intentional arson Simple, unintentional arson - ANSWER is the intentional damaging of another's property, by use of fire or explosion, without their consent. is the unintentional damage of another's property, by use of fire or explosion, while during the commission or attempted commission of a felony. July 2013 Aggravated arson - ANSWER is the intentional damaging of another's property, by use of fire or explosion, where it is reasonably foreseeable that human life may be in danger. Arson with intent to defraud - ANSWER is the intentional damaging, by use of fire or explosion, of movable or immovable property, with the intent to obtain a fraudulent advantage. Attempted arson - ANSWER is the placement of combustible materials or explosives, near property or forestland, with the specific intent to set fire. Criminal injuring by arson - ANSWER occurs when the offender causes any person to become injured after setting fire or explosion and/or causes a first responder to become injured after setting fire or explosion. February 2012, 2013, July 2013 Simple criminal damage to property - ANSWER occurs when the offender intentionally damages property belonging to another without consent and by means other than arson. July 2012, 2017, 2018 Aggravated criminal damage to property - ANSWER occurs when the offender intentionally damages property belonging to another, without consent, and by means other than arson, when it is reasonably foreseeable that human life might be endangered. February 2012, 2013, 2014, 2015, 2016, July 2012, 2013, 2014, 2015, 2016 Theft - ANSWER occurs when the offender takes anything of value, belonging to another, without consent, and with the specific intent to permanently deprive that person of the property. February 2012 Unauthorized use of a movable - ANSWER occurs when the offender takes a movable, belonging to another, without consent, without the specific intent to permanently deprive that person of the movable. july 2012 Possession of stolen things - ANSWER occurs when the offender possesses items of value that he knows or has reason to know were obtained from a robbery or theft. This crime is subject to an affirmative defense that the offender notified the police within 72 hours of receiving knowledge that the things were stolen. Illegal possession of stolen firearms - ANSWER occurs when the offender possesses firearms that he knows or should have known were obtained from a robbery or theft. July 2013, Februrary 2018, July 2016, 2018 Attempt - ANSWER occurs when the offender has the specific intent to commit a crime and performs an act or omission toward the commission of this crime. "Mere preparation" is not enough for attempt to occur. There must be some act or omission to accomplish the crime. Lying in wait with a dangerous weapon, searching for the victim, and placing explosives or combustibles with the intent to set fire are all examples of an act to accomplish a crime. February 2012, 2013, 2014, 2015, 2016, 2019 July 2012, 2014, 2015, 2016, 2017 Criminal conspiracy - ANSWER occurs when two or more offenders agree to commit a crime, and at least one of the conspirators performs an act or omission in furtherance of the conspiracy. This does not mean that it be in furtherance of the crime, so "mere preparation" is enough for a finding of criminal conspiracy. Inciting a felony - ANSWER occurs when offender incites or procures another person to commit a felony February 2013, 2017, 2018, July 2012, 2014, 2018 DWI - ANSWER occurs when the offender operates any motorized vehicle while over the legal BAC of .08, under the influence of a controlled dangerous substance, after intentionally taking a mix of legal medication and alcohol. July 2012, 2013, July 2014, February 2012, 2013, 2015, 2017, 2018 Reckless operation of a motor vehicle - ANSWER occurs when the offender operates a motor vehicle in a criminally negligent manner, which is grossly beyond the reasonable standard of care. It is irrelevant to this crime whether the person was licensed or not. February 2012, 2013, 2017, 2018 Hit and run - ANSWER occurs when the offender causes an accident, but does not remain at the scene to render emergency assistance or provide identification. Disturbing the peace - ANSWER is engaging in one of the following acts that would foreseeably alarm or disturb the public: (1) engaging in a fistfight (2) appearing intoxicated (3) using offensive or derisive words in a public place (4) interrupting a lawful assembly. February 2012, 2013, July 2012, 2013 Possessing a firearm as a convicted felon - ANSWER occurs when a convicted felon possesses a firearm and it is not 10 years after his conviction or he does not have a permit to possess a gun. Supplying a firearm to a convicted felon - ANSWER occurs when the offender provides a firearm to a person he knows or reasonably should know is a convicted felon. July 2012, 2014 Resisting arrest - ANSWER occurs when the offender intentionally resists an officer who he knows or reasonably should know is discharging his duties in the following ways: (1) fleeing the officer (2) physically resisting the officer (3) refusing to give identification (4) providing a false identification (5) refusing to move on when ordered. July 2012, 2013, February 2012, 2013, 2015 Flight from an officer February 2017 Aggravated flight from an officer - ANSWER occurs when the offender fails to bring a motor vehicle to a stop after receiving visual and/or audible signal to stop, when the officer has reasonable grounds to believe the driver has committed an offense. occurs when the offender fails to bring a motor vehicle to a stop after receiving visual and/or audible signal to stop, when the officer has reasonable ground to believe the driver has committed an offense, and human life is placed in danger. Aggravated escape - ANSWER occurs when the offender intentionally departs a place where he is being lawfully detained, and human life is placed in danger. Accessory after the fact - ANSWER occurs when the offender harbors, aids, or conceals a person whom he knows or reasonably should know has committed a felony, with the specific intent to help the person evade justice. February 2013, July 2013 Obstruction of justice - ANSWER occurs when the offender tampers with or destroys evidence with the intent or reasonable belief that it will affect a potential criminal proceeding. Compounding a felony - ANSWER occurs when the offender accepts anything of value from a person who committed a felony in exchange for withholding information or evidence regarding the felony from authorities. Witness intimidation - ANSWER occurs when the offender intimidates witnesses with the intent or reasonable belief that it will affect a potential criminal proceeding. February 2013, 2014, July 2012, 2014, 2015, 2017 Possession of a controlled dangerous substance - ANSWER occurs when the offender possesses a controlled dangerous substance. February 2013, 2014, 2016, 2019 July 2014, 2016 Possession of a controlled dangerous substance with the intent to distribute - ANSWER occurs when the offender possesses a controlled dangerous substance with the intent to give it to others. February 2014, 2018, July 2012, 2014 Possession of Concealed Firearm - ANSWER "Illegal carrying of weapons" includes "the intentional concealment of any firearm on one's person. February 2018 Video voyeurism - ANSWER includes the use of any image recording device for the purpose of observing, photographing or videotaping a person when that person has not consented to it and the offender uses the device for a lewd or lascivious purpose. The crime also includes the "transfer of an image obtained by activity" described above by "live or recorded telephone message, electronic mail, the Internet, or a commercial online service." Defense of property - ANSWER The use of force is justifiable when committed for the purpose of prevent a forcible offense against the person, or a forcible offense or trespass against property in a person's lawful possession, provided that the force or violence used is reasonable and apparently necessary to prevent such offense. February 2015 Criminal damage to coin-operated device - ANSWER is the intentional damaging of any coin-operated device belonging to another. February 2017 Third-Degree Feticide - ANSWER Feticide is the killing of an unborn child by the act, procurement, or culpable omission of a person other than the mother of the unborn child. is the killing of an unborn child caused proximately or cause directly by an offender engaged in the operation of, or in actual physical control of, any motor vehicle whether or not the offender had to intent to cause death or GBH whenever, among other things, the offender is under the influence of alcohol 3.10. Challenge of venire - ANSWER Improper venue must be raised in advance of trial by: The burden falls on the prosecution to prove proper venue by: If an objection to improper venue is not raised, it is waived. change of venue Either the state or the defendant may move for change of venue based on proof that, b/c of _____ or ___________, a fair and impartial trial cannot be obtained. the burden rests with the ______, who must show that prejudice in the public mind will preclude a fair and impartial trial - ANSWER motion to quash and is tried by the judge