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Exam#2 HRS

701, 702, 703, & 705

QuestionAnswer
What is commentary? The fine print that follows each section of the penal code.
3 Grades of a crime? Felonies, Misdemeanors, and Petty Misdameanors
Classes of a felony? Class A, B, and C
Imprisoned for a minimum of 1 yr? Felony
Imprisoned for a maximum 1 yr? Misdemeanor
Imprisoned for a maximum 30 days? Petty Misdemeanor
Reasons for time Limitation Evidence Fades and Repreive
Time limitation on murder? None
Time limitation on manslaughter? 10 yrs.
Time limitation on Class A felony? 6 yrs.
Time limitation on Class B and C felonies? 3 yrs
Time limitations on a Misdemeanor or Parking Violation? 2 yrs.
Time Limitation on a Petty Misdemeanor and other Violations? 1 yrs.
Elements of an offense? Conduct, Attended Circumstance, and Result of Conduct
States of mind? Intentionally, Knowningly, Reckless, and Negligent
Defense definition? Fact(s) that negates penal liability
Prima Facie Evidence Common sense evidence
Ommison Failure to act.
Requirement for Voluntary Act/ Ommision Stressed, underage, insane... Legal excuses
Voluntary Act defined Bodily Movement. Ie. permission to be punched
Voluntary Act Possesion Give keys to business and steals from business
Intentionally defined Results were conscious objective. Ie. shoot someone in the head
Knowingly defined Aware results could occur. Ie. beating someone and they die.
Reckless defined Consciously disregards risk. Ie. racing
Negligent defined Should be aware of risk. Ie. talking on cell while driving or jet ski
If found Negligent also held accountable for I K R R- IK, I - K
State of mind for violations? None
Excuse that negates an element of a crime. Ignorance or mistake. "A" buys stolen watch from "B" , "A" not held liable for theft.
Ignorance or mistake not a crime when.... There is criminal intent. Ie bunk weed
Deadly Force defined Intent of causing death or risk of death. Ie shooting gun
Force defined Bodily impact, Restraint, Confinment, Threats
Unlawful force No permission
Bodily injury defined Physical pain. Ie slap
Substantial Bodily injury defined Penetration on skin, bone fracture, concusion, tearing of insides organs.
Serious Bodily Injury Risk of death, serious or permanent injury to organs
Choice of evil Break law to avoid bigger harm. Ie hurricane run into house.
One evil must... Be greater than the other.
Specified harms that justify Deadly Force Death, Serious Bodily Injury, Kidnapping, Rape, Forceable Sodimy
Use of force justified when?... Protecting others and property
Elements of Property Crime Criminal Trespass, burglary, theft, criminal Mishchief. Say "STOP" first.
Use of force in law enforcement Minimum amount of force necessary to arrest. Tell why they arrested
Use to prevent suicide or commission of a crime Justified
3 Catagories of Inchoate Crimes Attempt, Solicitation, and Conspiracy
Criminal Attempt defined Intentionally engages in conduct that would constitute a crime. Ie break glass on house then run.
Grade of Criminal Attempt Same class and grade as the most serious offense
Criminal Solicitation defined Intent to promote or facilitate crime to another person
Grading of Criminal Solicitation One class or grade less than the offense. Murder is always a class A felony
Criminal Conspiracy Defined Planning to commit a crime with another person.
Grading Criminal Conspiracy Class "A" felony = class "B" anything else is the same.
Created by: Jdbaba