BLEA 834 Criminal Law Final Review Latest Update Graded A

BLEA 834 Criminal Law Final Review Latest Update Graded A A person dresses up as a police officer to pretend he is a real cop and performs a traffic stop. During the traffic stop, he asks the person personal questions. What crime did this person commit? Criminal Impersonation 1st Degree A person goes into someone's computer, sends themselves an email, and deletes all evidence. What crimes have been committed? Computer Trespass, Theft, and Malicious Mischief. A person goes house to house pretending to be a representative of a business. The person asks people to invest $6,000 but pockets all the money. What crimes have been committed? Theft 1st Degree and Criminal Impersonation 1st Degree. A heroin user steals a prescription pad from a doctors office and writes his own prescription. Then tell his girlfriend to fill the prescription at the pharmacy. What crimes have been committed and who can be charged? Forgery For Both & Theft for the boyfriend. During a DOA investigation, you determine that the father who died was choosing not to eat or drink, resulting in his death. His children were watching after him. What crime(s) have been committed? No crime. The death was self-inflicted. After school, a 14 year old teenager decides she wants to have a few beers before doing some homework. What crime has she committed? Minor In Possession A person comes into the Police Department to confess a crime he had committed 20 years ago. He stated that he hijacked a vehicle while he was armed with a weapon, robbed the man in the car, and then killed him. What crimes have been committed? Only Murder in the 1st Degree (Statue of Limitations (20 years ago)) Define Premeditation "More than a moment in point of time" - Meaning there was a considerable amount of time for planning before the action was taken. Someone breaks into your home and you tell them they must leave. You do not see a weapon but you are in fear of your life. You choose to shoot them and they die. What crimes have been committed? Possibly Murder 2nd Degree - However, it was most likely result in justified homicide. During a 3rd Party DV Call with exigent circumstances to enter the home, must you knock an announce? Yes! It is best practice to always knock and announce before entering a home to identify yourself, prevent damage, and reduce liability. Someone who is out of town receives a check in the mail for his birthday. He asks his girlfriend if she could sign the check and cash it at the bank. She agrees and does what was asked of her. What crime(s) have been committed? No crime! There was no intent to defraud and she was given permission to do so. An ex-boyfriend breaks into his ex-girlfriends house, threatens to kill her, and tells her she is not allowed to leave. What crime(s) have been committed? Burglary 1st Degree, Felony Harassment, and Kidnapping. List all 9 BARRK Felonies Burglary 1st Degree Arson 1st & 2nd Degree Rape 1st & 2nd Degree Robbery 1st & 2nd Degree Kidnapping 1st & 2nd Degree List at-least (5) 10.31.100 Misdemeanor Rules - Remember to List the Degree of crime. • Criminal Trespass (1st & 2nd Degree) • Assault (4th Degree ONLY) • DUI • Indecent Exposure • Driving while suspended / Revoked • Criminal Violation of a harassment order Two people within a car drive around a neighborhood and intentionally shoot at people as they drive past. What crime(s) have been committed and who can be charged with such crime(s)? Assault 1st Degree and Drive-by Shooting (Class B) for both the passenger and driver! Someone runs into a store to steal jewelry and then assaults someone on the way out when employees tried to stop him. What crime(s) have been committed? Robbery 1st Degree (During Robbery inflicts bodily injury on the victim) and Assault 4th Degree. Someone burns his house down to collect insurance money. However, his neighbors house catches fire as well and when the fire department comes to put out a fire, a fire fighter dies. What crime(s) have been committed? Arson 1st Degree (Manifestly Dangerous to life & Property Valued at $10,000 or more w/ intent to collect insurance) AND Murder 1st Degree. A friend loans another friend a firearm so that they can kill themselves. The friend takes the firearm and commits suicide. What crime(s) have been committed? Manslaughter 1st Degree (Recklessly Causes Death of Another) Note: Manslaughter does not require specific intent to kill. A person steals a child that was walking on the street and moves away with the child for multiple years. The intention of the person stealing the child was to give the child a better life. What crime(s) have been committed? Kidnapping 2nd Degree (No intention to harm or use the child). Define unborn quick child Book Def: "Quick Child" or "Viable Child" is one that has been seen moving or felt moving within the mother's uterus. Web Def: A fetus that has developed to the point of movement inside the womb of the mother. Definition of Necessary verbatim: No reasonably effective alternative to the use of force appeared to exist and that the amount of force used was reasonable to effect the lawful purpose intended. Define Strangulation: Pressure is applied from the outside of the neck, cutting off airflow and/or blood vessels in the neck, preventing oxygen from reaching the brain. Define Choking: A blockage on the inside the throat which makes it hard to breathe. Example: Stuck Food while eating. When someone is in possession of a stolen motor vehicle, must you prove that the person in possession knew it was stolen (OR should have known)? Yes. You must prove that the person should have known. Example: it was bought for $200 dollars, the window was broken, and the car was started with a shaved key) A mother calls the police and states that while she was at the park with her kid, a man was trying to call her daughter over to him to "show her his fort". What crime(s) have been committed? Luring Someone is paid $6,000 to break into an Ice Skating Rink and burn it down. The person does it and when firefighters respond, one dies while putting the fire out. What crimes have been committed? Burglary 2nd Degree, Arson 1st Degree, Murder 1st Degree. Define A.E.P. Authorized Emergency Placement Does an officer have authority for an A.E.P.? Yes. During an emergency situation when a child must be placed in out-of-home care due to the absence of appropriate parents or custodians. True or False: Prosecution of Voyeurism must be commenced within two years of the time when the victim learns s/he was viewed, photographed, or filmed. True! Two men pull a woman out of her car and take her to an alleyway. One man rapes the woman while the other man moves a garbage can to block the view of bystanders. What crime(s) have been committed and who can be charged? Kidnapping 1st Degree & Rape 1st Degree (Both can be charged!) Teenage girl (13 y/o) calls the police and says some guy ran up to her in a trench coat and flashes his genitalia. What crime has been committed? Indecent Exposure (GM because victim is under 14 y/o) A man tries to buy a woman a drink at the bar and she declines the offer. The man then tries to talk to her and kiss her. She again declines and tells him to stop. The man then lunges forward to grab her breast w/o permission. What crime has been committed? Indecent Liberties (By forcible compulsion, Class A) Male and Female are in a car together and male is driving. Male threatens to wreck the vehicle if she does not preform oral sex on him. What crime has been committed? Rape 3rd Degree (threat of substantial unlawful harm to property rights of victim). Man points a pistol at a woman and tells her if she doesn't have sex with him, he will kill her. What crime has been committed? Rape 1st Degree Mom hears her 13 y/o son yelling downstairs. When she goes downstairs, she sees her son is handcuffed and his 14 y/o friend is putting his finger up his butt. What crime has been committed? Rape 2nd Degree (Forcible Compulsion) True or False: A Firefighter is a mandatory reporter. False! True or False: A Public Office Official is NOT a mandatory reporter. True! What is the main difference between rape of a child and child molestation? Rape of child must involve penetration. Molestation involves sexual contact. True or False: For Assault of a child, the victim must be 12 y/o or younger. True! Girlfriend and Boyfriend are at a party and are heavily drinking. The girlfriend is so heavily intoxicated that she passes out but the boyfriend wants to have sex. So he had sex with her while she is unconscious. What crime has been committed? Rape 2nd Degree A woman has sex with a man for a fee. After having sex and the man falls asleep and the woman steals his watch. What crime(s) have been committed? Female: Theft 1st Degree & Prostitution Make: Patronizing a prostitute (Misdemeanor) True or False: ALL communication about sexual activity w/ a person under the age of 18 is a crime of communication for immoral purposes. False! A police officer enters a home and in plain view he sees two underage people having sex while being filmed. What crime has been committed? Sexual Exploitation of a minor (B Felony) What are the rape of child degrees and ages? 1st Degree - Victim Age: < 12 | Suspect: 24+ Months Older 2nd Degree - Victim Age: 12 to <14 | Suspect: 36+ Months Older 3rd Degree - Victim Age: 14 to <16 | Suspect: 48+ Months Older What are the child molestation degrees and ages? 1st Degree - Victim Age: < 12 | Suspect: 36+ Months Older 2nd Degree - Victim Age: 12 to <14 | Suspect: 36+ Months Older 3rd Degree - Victim Age: 14 to <16 | Suspect: 48+ Months Older ONLY DIFFERENCE IS FIRST DEGREE. What type of abuse is not a crime? Emotional Abuse A 32 y/o male and 13 y/o female have sex. What crime has been committed? Rape of Child 2nd Degree True or False: Theft of a firearm can be applied to any firearm regardless of value. True! What is the difference between "Possession Of Depictions of Minor Engaged in Sexual Explicit Conduct 1st Degree and 2nd Degree"? It depends on what the child porn depicts! 1st Degree: Sexual Intercourse, Penetration of Vagina or Rectum, Masturbation, Abuse, or Defecation or Urination. 2nd Degree: Unclothed minors, Sexual Touching. A 17 y/o is making sex videos with a friend for an older man. What crime has been committed? Sexual Exploitation of a minor What if the difference between taking a motor vehicle w/o permission 1 & 2? 1st Degree - For Profit 2nd Degree - For personal use (joy riding) True or False: Threatening to harm property for sexual pleasure is extortion. False! It is coercion! Possibly Rape 3rd Degree Theft of Firearm V. Possessing A Stolen Firearm Theft - Intent to deprive & Steals firearm Possession - Knowledge & Possess or Control a stolen firearm.