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Prelin. Provisions

QuestionAnswer
Defination of Commentary The fine print that follows each section of the Penal Code.
There is 3 classifications of crime: Felony, Misdemeanors, Petty Misdemeanors.
Felonies are how many classes? Felonies are three classes. Class A, Class B, Class C
Crime is a felony if this penal code so specifies or a convicted person can be imprisoned for? More than one year.
Crime is a Misdemeanor if it's designated in any code or statute or a convicted person can be imprisioned for? Maximum of one year.
State of Mind required to commit a crime? Intentionally, Knowingly or Reckelessly.
State of mind do not apply to? Violations i.e. Traffic Tickest because is a Violation.
Elements of a offense are? Conduct, Attended Circumstances, Results of such conduct.
State of Mind required to establish elements of an offense? Intentionally, Knowingly, Reckelessy, Negligently.
Defense? A Fact or set of facts that negates penal Liability. Affirmative defense requires the defendant to prove by a preponderance of evidence.
Omission? A Failure to Act.
Felonies, Misdemeanors, and Petty Misdemeanors are? Grades of Offense.
The three grades of offenses are? Felony, Misdemeanor, and Petty Misdemeanor.
Given a list of grades and classes of offenses, match the corresponding time limitations of each. Murder and Attempted Murder No time Limitation
Manslaughter (not involving a motor vehicle) 10 years
Class A Felony 6 years
Class B and C Felonies 3 years
Misdemeanor and Parking Violations 2 years
Petty Misdemeanor/Violations Other than Parking Violations 1 year
Voluntary ACT Defined? Means a bodily movement prformed consciously or habitually as the result of effort or determination of the defendant.
Recklessly defination is? When he CONSCIOUSLY DISREGARDS a substantial and unjustifiable risk.
Categories of Inchoate Crimes are? Criminal Attempt, Criminal Solicitation, Criminal Conspirancy
Criminal Attempt definition is: INTENTIONALLY engages in conduct WHICH WOULD CONSTITUTE THE CRIME if the attendant circumstances were as the person believes them to be.
Criminal Attempt definition is: cont. ITENTIONALLY engages in conduct which constitutes substantial step in a course of conduct intended to culminate in the persons comission of the crime
Grading of Criminal Attempt: PENALTY: an attempt to commit a crime is a offense of the same class and grade as the most serious offense which is attempted
Criminal Solicitation definition is: The intent to promote or facilitate the commission of a crime by commanding, encouraging, or requesting another person to commit the crime.
Grading of Criminal Solicitation: Criminal Solicitation is an offense one class or grade less the offense solicited; provided that criminal solicitation to commit murder in any degree is a class A felony.
Criminal Conspiracy: Group of People intent to promote or facilitate the commission of a crime.
Grading of Criminal Conspiracy: Murder in any degree is a Class A felony. Except for murder, a Class A felony is Class B felony.
Grading of Criminal Conspiracy: cont. Except for the above, conspiracy to commit a crime is an offense of the same Class and grade as the most serious offense which is an object of the conspiracy.
Term FORCE means: Any bodily impact, restraint, or confinement, or threat thereof.
The use of DEADLY FORCE is justifiable: If the actor believes that deadly force is necessary to protect himself against death, serious bodily injury, kidnapping, rape, or forcible sodomy.
Use of FORCE for protection of other persons. The use of force upon or toward the person of another is justifiable to protect a third person.
Use of FORCE in LAW ENFORCEMENT. The actor makes known the purpose of the arrest or believes that it is otherwise known by or cannot reasonably be made known to the person to be arrested.
The use of force to prevent suicide or the commission of a crime. The use of force upon or toward the person of another is justifiable when the actor believes that such force is immediately necessaty to prevent the other person from committing suicide, inflicting serious bodily harm upon himself.
The use of force to prevent suicide or the commission of a crime. Cont. The use of deadly force is not in any event justifiable under this section unless: The actor believes that the use of such force is necessary to suppress a riot after the rioters have been ordered to disperse and warned and they do not obey
Created by: 100002190476631
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