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55 Cards in this Set
- Front
- Back
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Act
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Bodily movement, whether voluntary or invountary, and includes speech
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Actor
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Person whose criminal responsibility is in issue in a criminal action.
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Bodily Injury
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Physical pain, illness, or any impairment of the physical condition
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Coercion
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"A threat, however communicated:
a.) To commit an offense b.) to inflict bodily injury c.) to accuse a person of any offense d.) to expose a person to hatred, ridicule, or contempt e.) to harm the credit or business repute of any person f.) to take or withold action as a public servant, or to cause a publc servant to take or withhold action" |
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Elements of an Offense
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"a.) The forbidden conduct
b.) the required culpability c.) any requires result, and d.) the negation of any exception to the offense" |
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Felony
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An offense so designated by law or punishable by death or confirment in a penitentiary.
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Harm
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Anything reasonably regarded as loss, disadvantage, or injury
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Individual
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A human being who is alive, including an unborn child.
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Misdemeanor
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An offense so designated by law or punishable by fine, confinement in jail, or a combination of both.
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Person
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Individual, Corporation, or Association
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Possession
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Actual care, custody, control, or management
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Public Place
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Any place to which the public or a substantial group of the public has access
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Deadly Weapon
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A firearm or anything manifestly designed for the purpose of inflicting death or serious bodily injury or anything that in the manner of its use or intended use is capable of causing death or serious bodily injury
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Owner
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"a.) a person who has title to the property, whether lawful or not, or a greater right to possession of the property than the actor
b.) the holder in due course of a negotiable instrument" |
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Crime
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Conduct in violation of written law
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Venue
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Geographic Location
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Voluntary
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Awake or Conscious. All criminal conduct must be voluntary in order to be prosecuted.
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Corpus Delecti
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Mens Rea (mental intent) + Actus Rea (the act)
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Culpable Mental State: Intentionally
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A person has the conscious objective or desire to engage in the conduct or to cause the result
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Culpable Mental State: Knowingly
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A person was aware that his conduct was reasonably certain to cause the result or the person was aware the circumstances existed.
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Culpable Mental State: Recklessly
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A person was aware but consciouly disregards a substantial and unjustifiable risk that result will occur or the circumstances exist.
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Culpable Mental State: Criminally Negligent
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A person ought to be aware of the substantial and unjustifiable risk will occur or the circumstances exist.
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Preparatory Offenses
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"a.) Attempt
b.) Conspiracy c.) Solicitation" |
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Affirmative Defenses
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"a.) Duress
b.) Insanity c.) Mistake of Law d.) Involuntary Intoxication" |
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General Defenses
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"a.) Mistake of Fact
b.) Self-Defense c.) Entrapment" |
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Murder
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"1st Degree Felony
a.) Intentionally or Knowingly b.) Causes the death of an Individual" |
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Capital Murder
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"Capital Felony
a.) Intentionally or Knowingly b.) Causes the death of an individual 1 - Peace officer or fireman in the line of duty 2 - In the course of committing or attempting to commit kidnapping, burglary, robbery, agg sexual assault, arson, obstruction/retaliation, or terroristic threath 3 - For pay or promise of pay 4 - While escaping penal institution 5 - While incarcerated if establishing gang profits 6 - mass murder 7 - A person under the age of 6 8 - Inmates murder another for gang reasons" |
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Manslaughter
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"2nd Degree Felony
a.) Recklessly b.) Causes the death of an individual" |
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Criminally Negligent Homicide
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"a.) By criminal negligence
b.) Causes the death of an individual" |
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Unlawful Restraint
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"Class A Misdemeanor
a.) Intentionally or Knowingly b.) Restrains another by: 1.) Force, intimidation, or deception 2.) Victim is under 14 and the parent/guardian has not allowed the movement 3.) Victim is 14 but less than 17, taken out of State, and more than 120 miles away State Jail Felony a.) Victim is a child under 17 3rd Degree Felony a.) Recklessly exposes a victim to a substantial risk of serious bodily injury" |
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Strict Liability Crimes
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State is only required to prove the crime. No culpable mental state is required.
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Kidnapping
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"3rd Degree Felony
Intentionally or Knowingly Restrains another person With intent to prevent victim's liberation by secreting/hiding or using/threatening to use deadly force" |
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Aggravated Kidnapping
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"1st Degree Felony
Same as Kidnapping plus Intent to: a.) Hold for ransom/reward b.) Use victim as shield/hostage c.) Facilitate the commission of or flight from a felony d.) Inflict bodily injury or sexual abuse e.) Interfere with performance of governmental function f.) Terrorize victim or third person" |
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Unlawful Transport
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"State Jail Felony
For pecuniary benefit Transports a person in a manner designed to conceal and creates a substantial likelihood of serious bodily injury or death" |
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Trafficking of Persons
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"2nd Degree Felony
Knowingly Transports a person to engage in forced labor including prostitution or benefits from such. 1st Degree Felony Sexual performance of victim under 18 or Death of victim" |
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Public Lewdness
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"Class A Misdemeanor
Intentionally or Knowingly Engages in any form of sex In a public place" |
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Indecent Exposure
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"Class B Misdemeanor
Intentionally or Knowingly Exposes anus or genitals With intent to arouse/gratify the sexual desire of any person and is reckless about whether another will be offender or alarmed" |
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Indecency with a Child
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"2nd Degree Felony
Intentionally or Knowingly Engages in sexual contact with a child under 17. 3rd Degree Felony Exposes self to child under 17" |
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Improper Relationship with Educator & Student
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"2nd Degree Felony Employee of a school
Engages in sex of any kind with a student of the school regardless of age." |
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Improper Photography or Visual Recording
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"State Jail Felony
Knowingly or Intentionally Records or Transmits an image by any means Without consent With intent to arouse/gratify" |
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Assault
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"Class A Misdemeanor
a.) Intentionally, Knowingly, or Recklessly b.) Causes bodily injury to another, including spouse. 3rd Degree Felony Same as above, plus 1.) Committed against a public servant in the line of duty 2.) If person has prior FV conviction under this section 3.) If a FV situation and victim is choked/suffocated 4.) Security officer 5.) Duties of any type in correctional facility 6.) Emergency services personnel" |
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Assault by Threat
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"Class C Misdemeanor
a.) Intentionally or knowingly b.) Threatens another, including spouse c.) With imminent bodily injury" |
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Assault by Contact
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"Class C Misdemeanor
a.) Intentionally or Knowingly b.) Causes physical contact with another c.) When actor knows or should reasonably believe that the other will regard contact as offensive or provocative Class B Misdemeanor Same as above, plus Victim is a sports participant and actor is not Class A Misdemeanor Same as above, plus Victim is over 65 or disabled" |
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Sexual Assault
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"2nd Degree Felony
a.) Intentionally or Knowingly b.) By any means c.) Causes penetration of mouth, anus, or female sexual organ d.) Without the other's consent by: 1.) Physical force or violence 2.) Threatening to use force or violence 3.) Knowing the other person is unconscious or unable to resist 4.) Knowing the other person is incapable of appraising the nature of the act due to mental disease or defect 5.) Knowing the other person is unaware the sexual assault is occurring. 6.) Actor intentionally impaired other's power to appraise by administering any substance 7.) Threatening to use force or violence against any third person 8.) A public servant that coerces the person to submit 9.) Mental health service proider exploiting emotional dependency 10.) Clergyman" |
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Aggravated Assault
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"2nd Degree Felony
a.) Commits an assault and causes serious bodily injury b.) Uses or exhibits deadly weapon 1st Degree Felony a.) SBI or DW against a public servant in line of duty or in retalliation thereof. b.) SBI or DW against spouse or in a dating situation c.) SBI or DW by a public servant under color of the office d.) SBI or DW agaubst witness or informant e.) SBI by discharging a firearm from a vehicle at or in the direction of a habitation, building, or vehicle and is reckless to whether it is occupied" |
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Injury to Child, Elderly Person, or Disabled Individual
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"State Jail Felony or 1st Degree Felony
a.) Knowingly, Intentionally, Recklessly, or with Criminal Negligence b.) By act or omission c.) Causes: 1.) Serious Bodily Injury 2.) Serious mental deficiency, impairment, or injury 3.) Bodily Injury d.) To: 1.) A child 14 or under 2.) An elderly person 65 or over 3.) A disabled individual over 14 who is unable to protect himself from harm by reason of age, physical disease or mental disease/defect" |
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Abandoning/Endangering a Child
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"2nd Degree Felony or State Jail Felony
Abandoning: a.) Intentionally b.) Abandons child 14 or under c.) Under circumstances that expose child to risk of harm d.) Did not deliver child to a designated emergency infant care provider Endangering: a.) Intentionally, Knowingly, Recklessly, or with Criminal Negligence b.) By act or omission c.) Places a child 14 years or under d.) In imminent danger of death, bodily injury, or physical or mental impairment" |
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Deadly Conduct
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"Class A Misdemeanor
a.) Recklessly engages in conduct b.) Placing another in imminent danger of serious bodily injury 3rd Degree Felony a.) Knowingly b.) Discharges a firearm in the direction of one or more individuals, a habitation, a building, or a vehicle c.) Reckless about whether they are occupied" |
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Terroristic Threat
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"Class A or B Misdemeanor
a.) Intentionally or Knowingly b.) Threatens to commit an offense involving violence c.) To any person or property d.) With intent to: 1.) Cause a reaction by an official or agency organized to deal with emergencies 2.) Place any person in fear of imminent serious bodily injury 3.) Prevent or interrupt the occupation or use of a building 4.) Cause impairment or interruption of public communications, transportation, and any public service 5.) Place the public in fear of serious bodily injury 6.) Influence the conduct or activities of any part of government" |
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Aiding in Suicide
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"Class C Misdemeanor
a.) With intent to promote or assist the commission of suicide b.) Intentionally or Knowingly c.) Aids or attempts to aid d.) To commit or attempt to commit suicide State Jail Felony a.) If suicide is successful" |
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Aggravated Sexual Assault
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"1st Degree Felony
a.) Elements of sexual assault plus: 1.) Serious Bodily Injury 2.) Places victim in fear 3.) Deadly Threats 4.) Deadly Weapon 5.) Acts in Concert With Others 6.) Drugging victim with Rohypnol or GHB 7.) Child under 14 8.) Person 65 or over 9.) Disabled person" |
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Tampering with Consumer Products
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"2nd Degree Felony
a.) Intentionally or knowingly b.) Knowing that the consumer product will be offered for sale or as a gift c.) Tampers with a consumer product d.) By altering or adding a foreign substance to consumer product e.) To make it probable that consumer product will cause serious bodily injury 3rd Degree Felony a.) Intentionally or Knowingly b.) Threatens to Tamper With a Consumer Product c.) With intent to cause fear, affect sale of product, or cause bodily injury to any person" |
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Aiding in Suicide
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"Class C Misdemeanor
a.) With intent to promote or assist the commission of suicide b.) Intentionally or Knowingly c.) Aids or attempts to aid d.) To commit or attempt to commit suicide State Jail Felony a.) If suicide is successful" |
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Leaving a Child in a Vehicle
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"Class C Misdemeanor
a.) Intentionally or Knowingly b.) Leaves a child under 7 years of age c.) Unattended in a motor vehicle d.) Longer than five minutes" |
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Harassment by Prisoners
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"3rd Degree Felony
a.) While imprisoned in a secure facility or TYC b.) With intent to annoy, harass, or alarm c.) Causes another to contact bodily fluids of any person" |
