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MY REVIEW-PENAL LAW
PL REVIEW
| Question | Answer |
|---|---|
| Riot 1 vs 2 | Riot 2- 5 people, Riot 1- 11 people |
| how many days does executor have to dispose of a weapon | 15 days |
| machine gun/weapon in stolen vehicle/cs not found on one person in a car | everybody goes |
| report lost/stolen firearm within | 24 hours |
| unsafe fridge/uncovered abandoned wall-cess pool | creating a hazard |
| unlawfully wearing body armor | violent felony + poss of firearm + wear vest, (ex of violent felony: assault 2, intimidate witness 2) |
| inciting a riot | 10 people |
| unlawful assembly | 5 people |
| unreasonable noise | discon |
| agg harassment 1 vs 2 | Agg Harass 2- based on race, Agg Harass 1- based on race + damage to religious premise MT $50 |
| remain in public place to gamble | loitering |
| gather for unlawful SALE of cs | criminal nuisance 1 |
| CPW Chart | 4- long-short-alien, 3- long-short-alien + any conviction (also silencers), 2- machine gun/loaded firearm/disguised gun + intent, OR any loaded firearm outside of home/business, OR 5+ firearms, 1- explosive substance + intent OR 10+ firearms |
| intent presumed in cpw 4 except | imitation pistol, razor, machete |
| divide micrograms by what # to get milligrams | 1,000 |
| cpcs + intent to sell is ALWAYS a | felony |
| is it promoting gambling to collect $ for food + drink at a card game inside of a home | no |
| is selling out of state lottery tickets inside nys a gambling offense | yes |
| roger SOLICITS tondelayo to have sex for a fee (roger is 22 tondelayo is 16) | patronizing a prostitute 3 |
| how many similar obscene articles are needed to presume intent to distribute | 6+ |
| what needs to be proven to CONVICT for obscenity | knowledge of contents/character |
| cannabis felonies | poss MT 5 lbs, sell more than 16 oz, sell/give more than 3 oz (21+ and LT 18) |
| cannabis poss 3 | MT 16 oz |
| 1/4 gram of cocaine (250 milligrams) | cpcs 7 |
| LT 2880 milligrams of meth but not less than 360 | cpcs 4 |
| 8oz of cocaine | cpcs 1 |
| sale of 1/2oz + narcotic drug | criminal sale 2 |
| intentionally kill OR injure a police animal is an | A-misd |
| escape chart | 3- from custody, 2- detention facility OR custody C-D-E felony, 1- felony detention facility OR custody A-B felony |
| perjury chart | 3- swear falsely, 2- special kind of writing, 1- testimony |
| forgery/cpfi chart | 3- basic offense, 2- DR POT, 1- money,stocks etc |
| DR POT | deeds, wills etc, records (public), prescription, official gov documents, things in place of $ |
| criminal simulation | fake cuban cigar |
| unlawful concealing a will is an | e-felony |
| forgery of a vin is an | e-felony |
| petit larceny | LT $1,000 |
| grand larceny chart | 4- cc-grapes-ram, 3- MT 3k or ATM, 2- MT 50k or serious extortion, 1- MT 1 mil |
| cc-grapes-ram | credit card, car MT $100, gun, records (public), amount MT $1,000, person, extortion, scientific materials, religious articles MT $100, access device, meth precursors |
| wrongfully use computer | computer trespass |
| alter computer data ($1,000+ damage) | computer tampering 3 |
| get password + use computer without permission | unauthorized use of computer |
| robbery chart | 3- force, 2- MAID, 1- AIDS |
| MAID | mv, aided by another present, injury (PI), display gun |
| AIDS | armed with dw, dangerous instrument used, display gun, spi |
| uuv 3 | take without permission OR mechanic joyriding OR gross deviation |
| uuv 1 | take without permission + A-D felony |
| gross deviation | 15-7-2 |
| cpsp chart | 5- LT $1,000 4- MC-CRAP-GUN, 3- MT 3k, 2- MT 50k, 1- MT 1 million |
| MC-CRAP-GUN | meth precursor, credit card, car MT $100, religious articles $100, amount MT 1,000, pawnbroker, gun |
| crim misc 4 | $250 or less, prevent call for help, reckless damage MT 250 |
| crim misc 3 | MT $250 |
| crim misc 2 | MT $1,500 |
| crim misc 1 | explosive (any amount) |
| crim misc chart | 4- 250 or less, prevent call for help, reckless damage MT 250, 3- MT 250, 2- MT 1500, 1- explosive (any amount) |
| criminal tampering 3 | ex: air out of tires |
| cemetery desecration 1 | damage MT $250 |
| agg cemetery desecration | open casket/remove remains |
| tampering consumer product 2 | intend PI |
| arson 5 | property |
| arson 4 | intend fire, damage reckless |
| arson 3 | intend fire, damage intentional |
| arson 2 | gg inside |
| arson 1 | gg inside + gems |
| gems | gain, explosive, molotov cocktail, spi |
| arson chart | 5- property, 4- intent fire-damage reckless, 3- intent fire-damage intentional, 2- gg inside, 1- gg inside +gems |
| burg 3 | BIKE |
| burg 2 | A-BIKE or DIKE |
| burg 1 | A-DIKE |
| burg chart | 3- bike, 2- abike or dike, 1- dike |
| paid | pi, armed with dw or explosive, dangerous instrument use/threat, display gun |
| bike | building, intent to commit crime, knowingly, enter or remain unlawfully |
| dike | dwelling, intent to commit crime, knowingly, enter/remain unlawfully |
| trespass is a | violation |
| crim tress 3 | building OR school OR fenced in property |
| crim tress 2 | dwelling |
| crim tress 1 | building + freds ammo |
| freds ammo | firearm, rifle, explosive, deadly weapon, shotgun + ammo |
| crim tress chart | 3- building OR school OR fenced in property, 2- dwelling, 1- building + freds ammo |
| kidnap 2 | abduct |
| kidnap 1 | abduct + restrain for MT 12 hours OR ransom OR victim dies |
| unlawful imprisonment 1 | restrain + risk of SPI |
| custodial interference 1 | remove victim from state OR risk of injury |
| coercion chart | 3- lesser threat 2- sexual conduct, 1- very serious threat |
| lack of consent | force OR, less than17, physically helpless, mentally disabled, mentally incapacitated, prisoner/parolee |
| rape 1 | force, physically helpless, victim LT11, victim LT 13-deft 18+ |
| rape 2 | mentally disabled/incapacitated, victim LT 15-deft 18+ |
| rape 3 | prisoner parolee, victim LT 17-deft 21+ |
| rape age chart | 3- LT 17+21, 2- LT 15+21, 1- LT 11 OR LT 13+18 |
| any age not fitting into rape | sexual misconduct |
| corroboration is needed when | mentally disabled/incapacitated |
| assault 3 | intend PI-cause PI, reckless-cause PI, crim neg-cause PI with use of DW/DI |
| assault 1 | intend SPI-cause SPI with DW or DI, intend disfigure-cause disfigure, reckless cause SPI with grave risk of death, SPI to non participant during felony |
| vehicular assault/manslaughter | SPI + intox/impairment |
| murder 2 | intend death-cause death (2 aff def- EED/aid suicide attempt successfully without duress), depraved mind, felony murder (ark-bears) |
| intend SPI-cause death | manslaughter 1 |
| recklessly cause death | manslaughter 2 |
| aid suicide attempt successfully without duress | manslaughter 2 |
| MT 18/LT 16 | BG/LG |
| criminal soliciation | V- crime, M- bg/lg crime or felony, M- bg/lg felony, F- class A, F- bg/lg class A |
| criminal facilitation | M- bg/lg crime or felony, M- bg/lg felony, F- class A, F- bg/lg class A |
| conspiracy | M- 1+ crime, M- bg/lg crime M- money launder, bg/lg felony, b/c felony F- bg/lg b/c felony F- class A F- bg/lg class A |
| culpable mental states | intentional, knowingly, recklessly, crim neg |
| dpf to arrest (civilians/pos) | civilians- MR/MR, police- dpf + bake |
| MR/MR | murder, rape (force), manslaughter 1, robbery |
| BAKE | burg 1, arson, kidnap, escape 1 |
| dpf to prevent/terminate (civilians/pos) | DR BARK |
| DR BARK | dpf, rob, burg (dwelling/occupied building), arson, rape (force), kidnap |
| defenses/affirmative defenses | JI-MRED |
| JI-MRED | justification, infancy, mental defect |