Criminal Law and Offenses Overview
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Questions and Answers

What is the classification of Identity Theft when it involves facilitating the commission of Murder?

  • Class B Felony
  • Class C Felony
  • Misdemeanor
  • Class A Felony (correct)
  • What action is classified as Robbery 1st when a person threatens force to compel acquiescence to a property taking?

  • The person operates without any weapon
  • The victim is unarmed
  • The person is armed with a dangerous instrument (correct)
  • The property is taken during daytime
  • What constitutes Forgery 1st?

  • Creating a false signature on a lease
  • Creating a fake identification card
  • Altering a government-issued certificate
  • Stamping or uttering valuable government instruments (correct)
  • Under Identity Theft 2nd, which theft can be committed?

    <p>Theft 2nd from any person or entity (D)</p> Signup and view all the answers

    What is the classification for Theft 3rd when committed under Identity Theft 3rd?

    <p>Class C Felony (C)</p> Signup and view all the answers

    What distinguishes Forgery 2nd from Forgery 1st?

    <p>Forging a deed or will (B)</p> Signup and view all the answers

    What is required for Robbery 2nd classification?

    <p>Use of force against anyone present (C)</p> Signup and view all the answers

    What constitutes unauthorized possession of confidential info under UPCPI?

    <p>Having access without proper authorization (A)</p> Signup and view all the answers

    What constitutes Unlawful Imprisonment in the 1st degree?

    <p>Exposing another person to the risk of serious bodily injury. (A)</p> Signup and view all the answers

    Which of the following is an affirmative defense for Unlawful Imprisonment in the 2nd degree?

    <p>The defendant is a relative of the victim under 18. (A)</p> Signup and view all the answers

    What defines Custodial Interference in the 1st degree?

    <p>Removing a minor from lawful custody with intent to deprive others of custody. (A)</p> Signup and view all the answers

    Under what circumstance can Custodial Interference 2nd degree be applied?

    <p>When a person takes or conceals a minor knowing they have no right to do so. (A)</p> Signup and view all the answers

    What is a key component of Sexual Assault in the 1st degree?

    <p>Strong compulsion is used for sexual penetration. (A)</p> Signup and view all the answers

    Which of the following scenarios qualifies as Sexual Assault 2nd degree?

    <p>Penetration of a mentally incapacitated person by compulsion. (D)</p> Signup and view all the answers

    What age differential is specified for the crime of Sexual Assault in the 1st degree regarding minors?

    <p>Not less than 5 years older. (B)</p> Signup and view all the answers

    Which action does not constitute Unlawful Imprisonment in the 2nd degree?

    <p>An investigation involving the rightful guardian of a minor. (C)</p> Signup and view all the answers

    What constitutes Simple Trespass according to the law?

    <p>Remaining unlawfully on premises after being asked to leave (C)</p> Signup and view all the answers

    In the context of Criminal Property Damage 1st, what does 'I/K' stand for?

    <p>Intentional or Knowingly (B)</p> Signup and view all the answers

    What is the penalty class for Criminal Property Damage 2nd that causes damage exceeding $1,500?

    <p>Class C Felony (A)</p> Signup and view all the answers

    What is a characteristic of Criminal Property Damage 3rd?

    <p>Recklessly causing damage through widely dangerous means (D)</p> Signup and view all the answers

    Which of the following actions could lead to Aggravated Criminal Property Damage charges?

    <p>Causing damage as a repeated offender of 3rd or 4th degree CPD (A)</p> Signup and view all the answers

    What is the distinguishing factor of Criminal Tampering 1st?

    <p>Impeding public services without consent (A)</p> Signup and view all the answers

    What classifies as Failure to Control Widely Dangerous Means?

    <p>Neglecting to prevent danger when it was your responsibility (D)</p> Signup and view all the answers

    What is the penalty for Criminal Property Damage 4th?

    <p>Petty Misdemeanor (C)</p> Signup and view all the answers

    What constitutes resisting an order to stop a motor vehicle in the first degree?

    <p>Intentionally failing to obey a law enforcement officer's direction and recklessly operating the vehicle. (D)</p> Signup and view all the answers

    What is the classification of the offense for resisting an order to stop a motor vehicle in the second degree?

    <p>Misdemeanor (C)</p> Signup and view all the answers

    Which behavior does NOT constitute a violation of resisting an order to stop a motor vehicle in the first degree?

    <p>Fleeing from the officer without exceeding the speed limit. (B)</p> Signup and view all the answers

    What is required for a charge of perjury according to the stated content?

    <p>Making a false statement under oath which the person does not believe to be true. (D)</p> Signup and view all the answers

    In what scenario is a person committing resisting arrest?

    <p>Intentionally using or threatening physical force to prevent an arrest. (C)</p> Signup and view all the answers

    What additional risk is considered for first-degree resisting an order to stop?

    <p>Exceeding the speed limit by thirty miles per hour or more. (D)</p> Signup and view all the answers

    What does resisting an order to stop in the first degree imply about the individual's driving behavior?

    <p>Driving recklessly and endangering others. (D)</p> Signup and view all the answers

    Which offense classifies as a class C felony?

    <p>Perjury involving false statements under oath. (A)</p> Signup and view all the answers

    What must a person intentionally do to violate the outlined legal obligations regarding property?

    <p>Fail to make the specified payment or disposition (D)</p> Signup and view all the answers

    In which situation is a person's status as an officer or employee considered prima facie evidence?

    <p>When the officer or employee fails to pay or account upon lawful demand (A)</p> Signup and view all the answers

    What does not affect the legality of a person's failure to make a required payment regarding property?

    <p>The impossibility of identifying particular property belonging to the victim (B)</p> Signup and view all the answers

    When does a person obtain personal services under a legal obligation?

    <p>Upon agreement to make a payment or disposition for the services provided (D)</p> Signup and view all the answers

    What is the consequence of falsifying accounts during an audit for an officer or employee?

    <p>It serves as prima facie evidence of intentional misconduct (A)</p> Signup and view all the answers

    What constitutes Negligent Homicide 2nd?

    <p>Causing death by operating a vehicle in a negligent manner (C)</p> Signup and view all the answers

    Which scenario qualifies as Negligent Injury 1st?

    <p>Causing serious bodily injury to another person by negligent vehicle operation (A)</p> Signup and view all the answers

    What describes Assault 2nd?

    <p>Intentionally causing substantial bodily injury (B), Causing serious bodily injury knowingly or intentionally (D)</p> Signup and view all the answers

    What action falls under Assault against LEO 2nd?

    <p>Recklessly causing bodily injury to a LEO while performing their duties (B)</p> Signup and view all the answers

    Which of the following is considered Negligent Injury 2nd?

    <p>Causing substantial bodily injury through vehicle operation negligently (D)</p> Signup and view all the answers

    What distinguishes Negligent Homicide 3rd?

    <p>Causing death due to vehicle operation perceived as simple negligence (D)</p> Signup and view all the answers

    Which is true about Assault against Emergency Worker during a Civil Defense Emergency?

    <p>Serious bodily injury is sufficient for a Class B felony charge (B)</p> Signup and view all the answers

    How is Assault 3rd categorized?

    <p>Negligently causing injury with a dangerous instrument (A), Causing bodily injury recklessly (C)</p> Signup and view all the answers

    Flashcards

    Negligent Homicide 3rd

    Causing death by operating a vehicle with simple negligence.

    Negligent Homicide 2nd

    Causing death by operating a vehicle with a higher level of negligence.

    Negligent Injury 1st

    Causing serious bodily injury to another person by operating a vehicle with negligence.

    Assault 1st

    Intentionally or knowingly causing serious bodily injury to another.

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    Assault 2nd

    Intentionally or knowingly causing substantial bodily injury to another.

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    Assault 3rd

    Intentionally or knowingly causing bodily injury to another.

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    Assault Against LEO 1st

    Intentionally or knowingly causing injury to a law enforcement officer during the officer's duties.

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    Assault Against LEO 2nd

    Recklessly causing bodily injury to a law enforcement officer during the officer's duties.

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    Unlawful Imprisonment 1st

    Knowingly restraining another person under circumstances that could lead to serious bodily harm.

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    Unlawful Imprisonment 2nd

    Knowingly restraining another person without the intent to cause serious injury.

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    Custodial Interference 1st

    Violating a court order and taking, enticing, concealing, or detaining a minor from those with custody rights. May include removing the minor from the state.

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    Custodial Interference 1st

    Taking, enticing, concealing, or detaining a minor without the right to do so, even without a court order, and removing the minor from the state.

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    Custodial Interference 2nd

    Taking, enticing, concealing, or detaining a minor without the right to do so.

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    Sexual Assault 1st

    Subjecting another person to sexual penetration through forceful coercion.

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    Sexual Assault 1st

    Subjecting a person under 14 years of age to sexual penetration, or a person between 14 and 16 who meets specific criteria, to sexual penetration.

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    Sexual Assault 2nd

    Subjecting another person to sexual penetration through coercion.

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    Trespassing: Simple & Shelter

    This crime occurs when an individual knowingly enters or remains on a property unlawfully. This is a violation. It is a more serious crime when the property is a shelter for victims of sex abuse, child abuse, or spouse abuse, and the offender enters or remains there after being told to leave by staff. This is a misdemeanor.

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    Criminal Property Damage (1st)

    This crime occurs when someone intentionally or knowingly damages property in various ways. The severity of punishment depends on the value of the damaged property and the risk involved. It is a class B felony if damage exceeds $20,000 or involves a risk of death or bodily injury.

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    Criminal Property Damage (2nd)

    This crime is committed when someone deliberately damages property by using a method that could harm a large number of people. This is a class C felony if the damage is over $1,500.

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    Criminal Property Damage (3rd)

    This crime involves recklessly damaging property in a way that could harm many people. It is a misdemeanor if the damage exceeds $500. Agricultural, aquacultural, or livestock damage over $100 is also covered under this.

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    Criminal Property Damage (4th)

    This is a petty misdemeanor that occurs when someone intentionally or knowingly damages another person's property.

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    Aggravated Criminal Property Damage

    This crime occurs when someone damages property that is not theirs without permission. This is a misdemeanor if the perpetrator has been convicted twice or more for Criminal Property Damage 3rd or 4th.

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    Failure to Control Widely Dangerous Means

    This misdemeanor involves someone who is responsible for controlling something potentially hazardous, but negligently fails to do so. For example, construction workers failing to secure a worksite.

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    Criminal Tampering 1st

    This misdemeanor occurs when someone intentionally disrupts services provided to the public by a utility or institution that protects health or safety. The disruption must be significant and done without permission.

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    Theft by Deception

    Intentionally obtaining property with a promise to pay or dispose of it, then failing to do so. It doesn't matter if the specific property can be identified. Government officers and financial institution employees are presumed to know their legal obligations for payment and disposition.

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    Theft of Services

    A person obtains personal services from an employee. They agreed or were legally bound to make a payment to a third person for those services, but intentionally failed to make the payment on time.

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    Employee presumed knowledge

    The government officer or financial institution employee is presumed to know their legal obligations for payment and disposition of assets.

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    Impossibility of identification

    Failing to make the required payment or disposition even if it's impossible to identify the specific property involved.

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    Intentional failure to pay

    Intentionally failing to pay or make the required disposition is key. It must be intentional, not due to an oversight or negligence.

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    Identity Theft

    Intentionally using another person's personal information (like their name, social security number, or credit card details) to commit a crime, such as theft or fraud.

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    Robbery

    A crime involving the use of force or the threat of force to take something from another person.

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    Forgery

    The act of falsely making or altering a document with the intent to deceive or defraud.

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    Identity Theft 2nd

    Occurs when someone uses another person's personal information to commit theft, but the theft is not from the person whose information was taken.

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    Identity Theft 1st

    Occurs when someone uses another person's personal information to commit theft, and the theft is from the person whose information was taken.

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    Identity Theft 3rd

    Occurs when someone uses another person's personal information to commit theft, but the value of the stolen goods is less than $1,000.

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    Robbery 1st

    Occurs when someone uses force or the threat of force to take something from another person, and they cause serious bodily harm to the victim.

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    Robbery 2nd

    Occurs when someone uses force or the threat of force to take something from another person, but they don't cause serious bodily harm.

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    Resisting an Order to Stop a Motor Vehicle (1st Degree)

    Intentionally refusing to stop a vehicle when directed by a law enforcement officer, while driving recklessly or exceeding the speed limit by a significant amount. This is a serious offense, categorized as a Class C Felony.

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    Resisting an Order to Stop a Motor Vehicle (2nd Degree)

    Intentionally refusing to stop a vehicle when directed by a law enforcement officer. This act itself is considered an offense, though less severe than the first degree. It is a misdemeanor carrying lighter penalties.

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    Resisting Arrest

    Intentionally preventing an arrest by using force or threatening physical harm against a law enforcement officer or another person. This could include actions like kicking, punching, or using a weapon.

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    Perjury

    Deliberately making a false statement under oath in an official proceeding, such as a trial or hearing. This is considered a serious offense, as it undermines the integrity of the legal system.

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    Bribery

    Offering or giving something of value to influence the actions or decisions of a government official. This can include money, gifts, favors, or other incentives.

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    Study Notes

    HRS Study Guide

    • HRS - 35
    • Supervisory - 35
    • Policy - 20
    • SHOPO
    • Standard of Conduct
    • RPT Writing
    • Interp Written

    Years and Fine / Statute of Limitations

    • A Felony: 20 years / Fine not exceeding $50,000 (includes Murder)
    • B Felony: 10 years / Fine not exceeding $25,000
    • C Felony: 5 years / Fine not exceeding $10,000
    • Misdemeanor: Not more than 1 year / Fine not exceeding $2,000
    • Petty Misdemeanor: Not more than 30 days / Fine not exceeding $1,000
    • Murder/Attempted Murder (SA 1 & SA 2): No statute (includes conspiracy and solicitation)
    • Manslaughter (not involving vehicle): 10 years
    • Class A Felony: 6 years
    • Other Felony: 3 years
    • Misdemeanor/Parking Violation: 2 years
    • Petty Misdemeanor/Other than parking Violation: 1 year

    States of Mind / Elements of an Offense

    • A person is not guilty of an offense unless they acted intentionally, knowingly, recklessly, or negligently, as specified by law, with respect to each element of the offense.
    • If the state of mind is not specified by law, the element is established if a person acts intentionally, knowingly, or recklessly with respect thereto.
    • Elements of an Offense:
      • Conduct
      • Attendant Circumstances
      • Results of Conduct

    707 - Offenses Against Person - Definitions

    • Bodily Injury: physical pain, illness, or any impairment of physical condition
    • Substantial Bodily Injury (SBI): major avulsion, laceration, penetration of skin, burn (2nd degree), bone fracture, serious concussion, tearing or rupture of esophagus, viscera or internal organs
    • Serious Bodily Injury (SBI): substantial risk of death, or serious permanent disfigurement, or protracted loss or impairment of bodily member or organ function
    • Labor: work of economic or financial value.
    • Compulsion: absence of consent or a threat that places a person in fear of public humiliation, property damage, or financial loss
    • Strong Compulsion: use of threat to overcome a person (injury or being kidnapped), use of a dangerous instrument, or physical force

    702-206 -Definitions of States of Mind

    • Intentionally: a person's conscious object to engage in conduct, aware of circumstances, or to cause a result.
    • Knowingly: aware of the nature of conduct, aware of the existence of circumstances, or aware that it is practically certain their conduct will cause a result.
    • Recklessly: consciously disregards a substantial and unjustifiable risk. A risk is substantial and unjustifiable: if, considering the nature and purpose of the conduct and the circumstances known, the disregard involves a gross deviation from the standard of conduct that a law-abiding person would observe in the same situation.
    • Negligently: should be aware of a substantial and unjustifiable risk. A risk is substantial and unjustifiable: if considering the nature and purpose of conduct and the circumstances known, the disregard involves a gross deviation from the standard of conduct that a law-abiding person would observe in the same situation.

    702-208 - Substitutes for Negligence, Recklessness, and Knowledge

    • If a law provides that negligence is sufficient to establish an element of an offense, that element is also established if a person acts intentionally, knowingly, or recklessly.
    • If a law provides that recklessness is sufficient to establish an element of an offense, that element is also established if the person acts intentionally or knowingly.
    • If a law provides that acting knowingly is sufficient to establish an element of an offense, that element is also established if the person acts intentionally.
    • (Remaining sections of the document will be summarized in a similar fashion.)*

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    Related Documents

    HRS Study Guide PDF

    Description

    This quiz covers various classifications of criminal offenses, including identity theft, robbery, forgery, and sexual assault. It examines the specific legal definitions and requirements for each crime, helping to clarify the nuances within criminal law. Ideal for law students or anyone interested in understanding criminal classifications.

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