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Quiz: *Felony*
Ans: An offense punishable by death or imprisonment in a *state prison* for
*more* than one year.
Quiz: *Misdemeanor*
Ans: An offense (*not a felony*) punishable by imprisonment or a fine.
Quiz: *Elements of an offense*
Ans: The specific criteria that must be proved in order for a person to be
charged with a particular crime.
Quiz: *Mens rea*
Ans: Latin for "guilty mind." Intent to commit the crime must exist for the
crime to have occurred. The only exception is strict liability crimes.
Quiz: *Actus reus*
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, Ans: Latin for "guilty act." An overt act must have been committed towards the
perpetration of the crime. Planning or scheming (unless part of a conspiracy) is
not a crime.
Quiz: How *intent* can be proven
Ans: What the defendent said or did, how they did it, or any other facts or
circumstances in evidence.
Quiz: *Lesser included offense*
Ans: An offense that consists of elements that are fully contained within the
necessary elements of a greater offense.
Quiz: *Principle*
Ans: The person directly responsible for a crime.
Quiz: *Inchoate (incomplete) offenses*
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, Ans: *1.* Attempt
*2.* Conspiracy
*3.* Solicitation
Quiz: *Attempted crime (750.92)*
Ans: If a person tries to commit a crime and does any act towards the
commission of that crime, but fails or is prevented from completing it:
Penalty is based on the crime attempted
Quiz: *Conspiracy to commit offense or legal act in illegal manner
(750.157a)*
Ans: If a person plans together with 1 or more persons to commit a crime:
Penalty based on the planned crime
Quiz: *Solicitation of murder (750.157b)*
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, Ans: If a person offers, promises, or gives money, services, or anything of value
to another in order to commit murder or do something (or not do something)
that would result in murder:
Life (felony)
Quiz: *Assault*
Ans: *Elements*
*1.* The defendant attempted to commit a battery *or* did an act that would
cause a reasonable person to fear or apprehend an immediate battery.
*2.* The defendant intended to commit a battery on the victim *or* to make
the victim reasonably fear an immediate battery.
*3.* The defendant, at the time, had the ability to commit a battery, appeared
to have the ability, or thought they had the ability.
*93-Day Misdemeanor*
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