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Crim Law Final Exam

List of CRIMES and their DEFINITIONS.

TermDefinition
Aggravated arson ...is the intentional damaging by any explosive substance or the setting fire to any structure, watercraft, or movable whereby it is foreseeable that human life might be endangered.
Aggravated assault ...is an assault committed with a dangerous weapon.
Aggravated assault upon a peace officer with a firearm ...is an assault committed upon a peace officer who is acting in the course and scope of his duties with a firearm.
Aggravated assault with a firearm ...is an assault committed with a firearm.
Aggravated battery ...is a battery committed with a dangerous weapon.
Aggravated burglary ...is the unauthorized entering of any inhabited dwelling, or of any structure, water craft, or movable where a person is present, with the intent to commit a felony or any theft therein, under any of the following circumstances: (1) If the offender is armed with a dangerous weapon. (2) If, after entering, the offender arms himself with a dangerous weapon. (3) If the offender commits a battery upon any person while in such place, or in entering or leaving such place.
Assault ...is an attempt to commit a battery, or the intentional placing of another in reasonable apprehension of receiving a battery.
Assault by drive-by shooting ...is an assault committed with a firearm when an offender uses a motor vehicle to facilitate the assault.
Battery ...is the intentional use of force or violence upon the person of another; or the intentional administration of a poison or other noxious liquid or substance to another.
Carjacking ...is the intentional taking of a motor vehicle, as defined in R.S. 32:1(40), belonging to another person, in the presence of that person, or in the presence of a passenger, or any other person in lawful possession of the motor vehicle, by the use of force or intimidation.
Armed robbery ...is the taking of anything of value belonging to another from the person of another or that is in the immediate control of another, by use of force or intimidation, while armed with a dangerous weapon.
Computer tampering ...is the intentional commission of any of the actions enumerated in this Subsection when that action is taken knowingly and without the authorization of the owner of a computer: (1) Accessing or causing to be accessed a computer or any part of a computer or any program or data contained within a computer. (2) Copying or otherwise obtaining any program or data contained within a computer. (3) Damaging or destroying a computer, or altering, deleting, or removing any program or data cont
Criminal conspiracy ...is the agreement or combination of two or more persons for the specific purpose of committing any crime; provided that an agreement or combination to commit a crime shall not amount to a criminal conspiracy unless, in addition to such agreement or combination, one or more of such parties does an act in furtherance of the object of the agreement or combination.
Criminal trespass A. No person shall enter any structure, watercraft, or movable owned by another without express, legal, or implied authorization. B. No person shall enter upon immovable property owned by another without express, legal, or implied authorization. C. No person shall remain in or upon property, movable or immovable, owned by another without express, legal, or implied authorization.
Operating a vehicle (driving) while intoxicated ...is the operating of any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance when any of the following conditions exist: (a) The operator is under the influence of alcoholic beverages. (b) The operator's blood alcohol concentration is 0.08 percent or more by weight based on grams of alcohol per one hundred cubic centimeters of blood. (d)(i) The operator is under the influence of a combination
False imprisonment ...is the intentional confinement or detention of another, without his consent and without proper legal authority.
False imprisonment; offender armed with dangerous weapon ...is the unlawful intentional confinement or detention of another while the offender is armed with a dangerous weapon.
First degree murder ...is the killing of a human being: (1) When the offender has specific intent to kill or to inflict great bodily harm and is engaged in the perpetration or attempted perpetration of aggravated kidnapping, second degree kidnapping, aggravated escape, aggravated arson, aggravated or first degree rape, forcible or second degree rape, aggravated burglary, armed robbery, assault by drive-by shooting, first degree robbery, second degree robbery, simple robbery, terrorism, cruelty
Flight from an officer; aggravated flight from an officer ...is the intentional refusal of a driver to bring a vehicle to a stop or of an operator to bring a watercraft to a stop, under circumstances wherein human life is endangered, knowing that he has been given a visual and audible signal to stop by a police officer when the officer has reasonable grounds to believe that the driver or operator has committed an offense. The signal shall be given by an emergency light and a siren on a vehicle marked as a police vehicle or marked police watercraft.
Hit-and-run driving ...is the intentional failure of the driver of a vehicle involved in or causing any accident, to stop such vehicle at the scene of the accident, to give his identity, and to render reasonable aid.
Illegal carrying of weapons ...is: (1) The intentional concealment of any firearm, or other instrumentality customarily used or intended for probable use as a dangerous weapon, on one's person; or (2) The ownership, possession, custody or use of any firearm, or other instrumentality customarily used as a dangerous weapon, at any time by an enemy alien; or (3) The ownership, possession, custody or use of any tools, or dynamite, or nitroglycerine, or explosives, or other
Illegal possession of stolen things ...is the intentional possessing, procuring, receiving, or concealing of anything of value which has been the subject of any robbery or theft, under circumstances which indicate that the offender knew or had good reason to believe that the thing was the subject of one of these offenses.
Illegally supplying a felon with a firearm ...is the intentional giving, selling, donating, providing, lending, delivering, or otherwise transferring a firearm to any person known by the offender to be a person convicted of a felony and prohibited from possessing a firearm as provided for in R.S. 14:95.1.
Manslaughter A homicide which would be murder under either Article 30 (first degree murder) or Article 30.1 (second degree murder), but the offense is committed in sudden passion or heat of blood immediately caused by provocation sufficient to deprive an average person of his self-control and cool reflection. Provocation shall not reduce a homicide to manslaughter if the jury finds that the offender's blood had actually cooled, or that an average person's blood would have cooled, at the time the offense was commit
Obstruction of justice ...is any of the following when committed with the knowledge that such act has, reasonably may, or will affect an actual or potential present, past, or future criminal proceeding as hereinafter described: (1) Tampering with evidence with the specific intent of distorting the results of any criminal investigation or proceeding which may reasonably prove relevant to a criminal investigation or proceeding.
(Possession) Sale, distribution or making available to minors publications encouraging, advocating, or facilitating the illegal use of controlled dangerous substances No person shall sell, distribute or make available to a person under eighteen years of age any publication which has as its dominant theme articles or a substantial number of advertisements encouraging, advocating, or facilitating the illegal use of any substance classified as a controlled dangerous substance pursuant to Title 40 of the Louisiana Revised Statutes of 1950.
Reckless operation of a vehicle ...is the operation of any motor vehicle, aircraft, vessel, or other means of conveyance in a criminally negligent or reckless manner.
Resisting an officer ...is the intentional interference with, opposition or resistance to, or obstruction of an individual acting in his official capacity and authorized by law to make a lawful arrest, lawful detention, or seizure of property or to serve any lawful process or court order when the offender knows or has reason to know that the person arresting, detaining, seizing property, or serving process is acting in his official capacity. B.(1) The phrase "obstruction of" as used herein shall, in addi
Second degree battery ...is a battery when the offender intentionally inflicts serious bodily injury; however, this provision shall not apply to a medical provider who has obtained the consent of a patient.
Simple assault ...is an assault committed without a dangerous weapon.
Simple burglary ...is the unauthorized entering of any dwelling, vehicle, watercraft, or other structure, movable or immovable, or any cemetery, with the intent to commit a felony or any theft therein, other than as set forth in R.S. 14:60.
Simple criminal damage to property ...is the intentional damaging of any property of another, without the consent of the owner, and except as provided in R.S. 14:55, by any means other than fire or explosion. (2) The provisions of this Section shall include the intentional damaging of a dwelling, house, apartment, or other structure used in whole or in part as a home, residence, or place of abode by a person who leased or rented the property.
Stalking ...is the intentional and repeated following or harassing of another person that would cause a reasonable person to feel alarmed or to suffer emotional distress. Stalking shall include but not be limited to the intentional and repeated uninvited presence of the perpetrator at another person's home, workplace, school, or any place which would cause a reasonable person to be alarmed, or to suffer emotional distress as a result of verbal, written, or behaviorally implied threats of death, bodily injury,
Theft ...is the misappropriation or taking of anything of value which belongs to another, either without the consent of the other to the misappropriation or taking, or by means of fraudulent conduct, practices, or representations. An intent to deprive the other permanently of whatever may be the subject of the misappropriation or taking is essential.
Unauthorized entry of a place of business ...is the intentional entry by a person without authority into any structure or onto any premises, belonging to another, that is completely enclosed by any type of physical barrier that is at least six feet in height, or by a combination of any type of physical barrier that is at least six feet in height and a lake, river, bayou, or other body of water, and that is used in whole or in part as a place of business. Nothing in this Section shall prohibit the ability of a
(Felon with a Firearm) Possession of firearm or carrying concealed weapon by a person convicted of certain felonies It is unlawful for any person who has been convicted of a felony crime of violence or a felony drug possession crime to possess a firearm.
Defense of Property The use of force is justifiable when committed for the purpose of preventing a forcible offense against the person or a forcible offense or trespass against property in a person's lawful possession, provided that the force or violence used must be reasonable and apparently necessary to prevent such offense. Furthermore, there is a presumption that a person lawfully inside a dwelling held a reasonable belief that the use of force or violence was necessary to prevent unlawful entry thereto, or to compel an un
Possession of a Controlled Dangerous Substance (Marijuana) It is unlawful for any person knowingly or intentionally to possess a controlled dangerous substance classified in any schedule of unlawful drugs.
Possession of a Controlled Dangerous Substance with Intent to Distribute It is unlawful for any person knowingly or intentionally to possess with intent to distribute a controlled dangerous substance classified in any schedule of unlawful drugs.
Possession of Concealed Firearm "Illegal carrying of weapons" includes "the intentional concealment of any firearm on one's person.
Attempted Murder A person who has specific intent to commit a crime and does an act for the purpose of and tending directly toward the accomplishing of his object is guilty of an attempt to commit the offense.
Fourth Amendment - U.S. Constitution - Search and Seizure The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Valid Searches and Seizures Without Warrants 1 Detention Short of Arrest: Stop-and-Frisk 2 Search Incident to Arrest 3 Vehicular Searches 4 Vessel Searches 5 Consent Searches 6 Border Searches 7 ''Open Fields'' 8 ''Plain View'' 9 Public Schools 10 Government Offices 11 Prisons and Regulation of Probation 12 Drug Testing
Miranda When police officers question a suspect in custody without first giving the Miranda warning, any statement or confession made is presumed to be involuntary, and cannot be used against the suspect in any criminal case. Any evidence discovered as a result of that statement or confession will likely also be thrown out of the case. 1. You have the right to remain silent. 2. Anything you say can and will be used against you in a court of law. 3. You have the right to an attorney. 4. If you cannot afford an
Created by: MEBrock