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?

Theft 2nd from any person or entity Signup and view all the answers

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

Class C Felony Signup and view all the answers

What distinguishes Forgery 2nd from Forgery 1st?

Forging a deed or will Signup and view all the answers

What is required for Robbery 2nd classification?

Use of force against anyone present Signup and view all the answers

What constitutes unauthorized possession of confidential info under UPCPI?

Having access without proper authorization Signup and view all the answers

What constitutes Unlawful Imprisonment in the 1st degree?

Exposing another person to the risk of serious bodily injury. Signup and view all the answers

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

The defendant is a relative of the victim under 18. Signup and view all the answers

What defines Custodial Interference in the 1st degree?

Removing a minor from lawful custody with intent to deprive others of custody. Signup and view all the answers

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

When a person takes or conceals a minor knowing they have no right to do so. Signup and view all the answers

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

Strong compulsion is used for sexual penetration. Signup and view all the answers

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

Penetration of a mentally incapacitated person by compulsion. Signup and view all the answers

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

Not less than 5 years older. Signup and view all the answers

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

An investigation involving the rightful guardian of a minor. Signup and view all the answers

What constitutes Simple Trespass according to the law?

Remaining unlawfully on premises after being asked to leave Signup and view all the answers

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

Intentional or Knowingly Signup and view all the answers

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

Class C Felony Signup and view all the answers

What is a characteristic of Criminal Property Damage 3rd?

Recklessly causing damage through widely dangerous means Signup and view all the answers

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

Causing damage as a repeated offender of 3rd or 4th degree CPD Signup and view all the answers

What is the distinguishing factor of Criminal Tampering 1st?

Impeding public services without consent Signup and view all the answers

What classifies as Failure to Control Widely Dangerous Means?

Neglecting to prevent danger when it was your responsibility Signup and view all the answers

What is the penalty for Criminal Property Damage 4th?

Petty Misdemeanor Signup and view all the answers

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

Intentionally failing to obey a law enforcement officer's direction and recklessly operating the vehicle. 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?

Misdemeanor 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?

Fleeing from the officer without exceeding the speed limit. Signup and view all the answers

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

Making a false statement under oath which the person does not believe to be true. Signup and view all the answers

In what scenario is a person committing resisting arrest?

Intentionally using or threatening physical force to prevent an arrest. Signup and view all the answers

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

Exceeding the speed limit by thirty miles per hour or more. Signup and view all the answers

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

Driving recklessly and endangering others. Signup and view all the answers

Which offense classifies as a class C felony?

Perjury involving false statements under oath. Signup and view all the answers

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

Fail to make the specified payment or disposition Signup and view all the answers

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

When the officer or employee fails to pay or account upon lawful demand Signup and view all the answers

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

The impossibility of identifying particular property belonging to the victim Signup and view all the answers

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

Upon agreement to make a payment or disposition for the services provided Signup and view all the answers

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

It serves as prima facie evidence of intentional misconduct Signup and view all the answers

What constitutes Negligent Homicide 2nd?

Causing death by operating a vehicle in a negligent manner Signup and view all the answers

Which scenario qualifies as Negligent Injury 1st?

Causing serious bodily injury to another person by negligent vehicle operation Signup and view all the answers

What describes Assault 2nd?

Intentionally causing substantial bodily injury Signup and view all the answers

What action falls under Assault against LEO 2nd?

Recklessly causing bodily injury to a LEO while performing their duties Signup and view all the answers

Which of the following is considered Negligent Injury 2nd?

Causing substantial bodily injury through vehicle operation negligently Signup and view all the answers

What distinguishes Negligent Homicide 3rd?

Causing death due to vehicle operation perceived as simple negligence Signup and view all the answers

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

Serious bodily injury is sufficient for a Class B felony charge Signup and view all the answers

How is Assault 3rd categorized?

Negligently causing injury with a dangerous instrument Signup and view all the answers

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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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.