Maryland State Law Exam with Correct Answers
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Terms in this set (101)
Breaking in
1st degree Burglary Entry
Elements Into a dwelling
Intent to commit a theft or violent crime
Premeditated murder
1st degree murder
Felony Murder
Defendant participated in commission or attempted
commission of a felony, or while escaping a felony
A victim was killed
1st degree murder: Felony Act resulted in the death of a victim occurred during
Murder the commission, attempt to commission or escape of
a crime
Related to following crimes: arson, burglary,
carjacking, kidnapping, rape, robbery, 1st and 2nd
degree sex offense
Defendant caused the death of victim
1st degree murder: Killing was willful, deliberate and premeditated
Premeditated Premeditation is appreciably amount of time has
passed to chose to act
, Breaking and entering
Into a storehouse or structure
Ex: detached garage, shed, trailer, any business
2nd Degree Burglary
related store or storage
Intent to commit theft or violent crime, to committ 2nd
degree arson, to steal a fire alarm
lacks premeditation, crime of passion
2nd degree murder
Specific intent and depraved heart
Breaking and entering
Into a dwelling
3rd Degree Burglary Intent to commit a crime; other than theft or violent
crime
Typically MDOP, mal destruct of property
Battery
Attempted Battery
3 Theories of 2nd Degree Intent to Frighten
Assault
All are 2nd degree assault and charged under same
statue
Breaking and entering
4th degree burglary ver 1 Into a dwelling or store house/building
No intent need to be proven
In, on or around the dwelling or building with intent to
4th Degree Burglary ver 2
commit a theft
Possession of burglar tools with intent to commit theft
4th Degree Burglary ver 3 In or on someone's car with intent to steal car or
property inside
Aider and abeter not present during the crime
Accessory before the fact Responsible for the criminal actions of the principals
Subject to max penalties
, Person who shares in the criminal responsibility of the
principal in the first degree
accomplice
All principals in 2nd degree
All accessories before the fact
Actus Reus The actual criminal act or omission of a required act
Armed Carjacking Committed carjacking with use of dangerous weapon
Was a common law misdemeanor but now many are
statutory felonies
Attempt
EX: attempted robbery, attempted rape, etc
Penalty may not exceed actual crime
Attempted battery When you make a physical strike on a victim but miss
When you make physical contact with the victim
Battery
Does not have to cause injury
Actual breaking - creation of an opening
Breaking in Constructive breaking - use of trickery, fraud or
deception of threat of force
Misdemeanor
5 years or 5000 fine
person may not wear bulletproof body armor in the
Bulletproof body armor
commission of a crime of violence
person may not wear or possess bulletproof body
armor during and relation to a drug trafficking crime
Property crime
1st deg
Burglary 2nd deg
3rd deg
4th deg
Save
Terms in this set (101)
Breaking in
1st degree Burglary Entry
Elements Into a dwelling
Intent to commit a theft or violent crime
Premeditated murder
1st degree murder
Felony Murder
Defendant participated in commission or attempted
commission of a felony, or while escaping a felony
A victim was killed
1st degree murder: Felony Act resulted in the death of a victim occurred during
Murder the commission, attempt to commission or escape of
a crime
Related to following crimes: arson, burglary,
carjacking, kidnapping, rape, robbery, 1st and 2nd
degree sex offense
Defendant caused the death of victim
1st degree murder: Killing was willful, deliberate and premeditated
Premeditated Premeditation is appreciably amount of time has
passed to chose to act
, Breaking and entering
Into a storehouse or structure
Ex: detached garage, shed, trailer, any business
2nd Degree Burglary
related store or storage
Intent to commit theft or violent crime, to committ 2nd
degree arson, to steal a fire alarm
lacks premeditation, crime of passion
2nd degree murder
Specific intent and depraved heart
Breaking and entering
Into a dwelling
3rd Degree Burglary Intent to commit a crime; other than theft or violent
crime
Typically MDOP, mal destruct of property
Battery
Attempted Battery
3 Theories of 2nd Degree Intent to Frighten
Assault
All are 2nd degree assault and charged under same
statue
Breaking and entering
4th degree burglary ver 1 Into a dwelling or store house/building
No intent need to be proven
In, on or around the dwelling or building with intent to
4th Degree Burglary ver 2
commit a theft
Possession of burglar tools with intent to commit theft
4th Degree Burglary ver 3 In or on someone's car with intent to steal car or
property inside
Aider and abeter not present during the crime
Accessory before the fact Responsible for the criminal actions of the principals
Subject to max penalties
, Person who shares in the criminal responsibility of the
principal in the first degree
accomplice
All principals in 2nd degree
All accessories before the fact
Actus Reus The actual criminal act or omission of a required act
Armed Carjacking Committed carjacking with use of dangerous weapon
Was a common law misdemeanor but now many are
statutory felonies
Attempt
EX: attempted robbery, attempted rape, etc
Penalty may not exceed actual crime
Attempted battery When you make a physical strike on a victim but miss
When you make physical contact with the victim
Battery
Does not have to cause injury
Actual breaking - creation of an opening
Breaking in Constructive breaking - use of trickery, fraud or
deception of threat of force
Misdemeanor
5 years or 5000 fine
person may not wear bulletproof body armor in the
Bulletproof body armor
commission of a crime of violence
person may not wear or possess bulletproof body
armor during and relation to a drug trafficking crime
Property crime
1st deg
Burglary 2nd deg
3rd deg
4th deg
