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Criminal Law Pt 2
| Term | Definition |
|---|---|
| Homicide | all cases in which a human being kills another human being through his/her own ac, omission, or procurement; in Pennsylvania there are five (5) categories; in addition, an individual may be charged with an open charge of general charge of homicide which |
| Aggravated Assault | a person is guilty of this if he/she: attempts to cause serious bodily injury to another, or; attempts to put public officials in fear of serious bodily injury while they are acting in the performance of their duties (law enforcement, firefighter, court |
| Simple Assault | a person is guilty of this if he/she: attempts to cause or intentionally causes bodily injury to another or; negligently causes bodily injury to another with a deadly weapon, or; attempts by threats to place another in immediate fear of serious bodily inj |
| Harassment | a person commits this crime when, with the intent to annoy or alarm, he/she: strikes, shoves, kicks, or engages in other physical contact |
| Stalking | this is similar to harassment but is raised to a more serious level; the person repeatedly engages in acts with the intent to: place the victim in reasonable fear of bodily injury, or, causes the victim substantial emotional distress |
| Kidnapping | a person is guilty of this is he/she unlawfully: removes a person a substantial distance from where they were found (2 miles), or; confine another person for a substantial period in a place of isolation (no fixed time for this); intentions can be to use p |
| Rape | a person commits this when he/she engages in sexual intercourse with another person: by force; threat of force; when the person is unconscious or unaware that sexual intercourse is taking place; victim is substantially impaired from drugs/alcohol (doesn't |
| Serious Bodily Injury | bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ; usually requires hospitalization |
| Bodily Injury | impairment of physical condition or substantial pain; this usually doesn't require any hospitalization |
| Theft | the term "Larceny" means this, but is not used in the Pennsylvania Crimes Code; it is the unlawful taking and carrying away of personal property with intent to steal |
| Retail Theft | "shop lifting"; refers to intent/attempt to deprive a vendor of their property without payment |
| Continuous Act | person takes property from one store after another in a mall, for example, the dollar value of the offenses are added up (consolidated) to make one offense |
| Vendor | person/business that sells property, either real or personal |
| Presumption | any person intentionally concealing the unpaid for property belonging to a vendor shall be presumed to have concealed that merchandise for the purpose of depriving the owner of property |
| Evidence | to the extent there is competent evidence (testimony) to support the charge, the conviction shall not be avoided because the prosecution cannot produce the stolen merchandise |
| Detention | a law enforcement officer, merchant, merchant's employee, or security officer who has probable cause to believe that retail theft has occurred and that a specific person has committed the theft, may detain the suspect in a reasonable manner and for a reas |
| Burglary | a person is guilty of this if he/she enters a building or occupied structure with the intent to commit a crime therein; there are several assumptions: the actor is not licensed/privileged to be in the structure; the premise is not open to the public at th |
| Arson | a person is guilty of this if he/she starts a fire or causes an explosion, or if he/she aids, counsels, pays or agrees to pay another to cause a fire or explosion either on their own property or that of another and thereby recklessly places another person |
| Circumstantial Evidence | testimony not based on actual personal knowledge or observation of the facts in controversy, but on other facts from which reasonable deductions or inferences may be made by the jury; these secondary facts, deductions, or inferences reasonably follow acco |
| Robbery | something of a hybrid offense in that it combines acts against both a person and property; it involves taking property by force when the victim is present in effect; assault plus theft |
Created by:
silmab