Missouri Statutory Law: Criminal Statutes

78 Questions

What is the primary objective of the 304 lesson plan?

To identify elements of crimes in the Missouri Criminal Code Handbook

What is an 'element' in the context of examining statutes?

A specific detail that defines a crime

What is the difference between 'substantial step' and 'overt act'?

Substantial step is a planned action, while overt act is an actual attempt

What is the difference between 'aggravating' and 'mitigating' circumstances?

Aggravating circumstances increase the penalty, while mitigating circumstances decrease it

What is the definition of 'deadly weapon'?

An object that can cause serious physical injury or death

What is the difference between 'physical injury' and 'serious physical injury'?

Physical injury is any harm, while serious physical injury is permanent harm

What is the difference between 'consent' in the context of crimes involving unlawful restraint?

Consent means the victim was willing, while non-consent means the victim was unwilling

What is the difference between First Degree Kidnapping, Second Degree Kidnapping, and Third-Degree Kidnapping?

First Degree is the most severe, Second Degree is moderate, and Third-Degree is the least severe

What is the essential element in the offense of Conspiracy?

Overt act

Who is considered a 'special victim' in the context of assault offenses?

All of the above, plus highway workers, utility workers, cable workers, and mass transit employees

What is the difference between First Degree Murder and Second Degree Murder?

First Degree Murder requires deliberation, while Second Degree Murder does not

What is the essential element in the offense of Attempt?

Substantial step

What is the term used to determine the specific sexual offense that has been committed?

Forcible compulsion

What is the definition of 'deliberation' in the context of First Degree Murder?

A cool reflection for any length of time, no matter how brief

What degree of child molestation involves the most serious offenses?

First degree

What is the essential element in the offense of Conspiracy to Commit Burglary?

All of the above

What is the term used to describe the possession of a controlled substance that is only a misdemeanor?

Possession of a controlled substance for personal use

Who can be guilty of Involuntary Manslaughter (First Degree)?

Anyone who recklessly causes the death of another person

What is the definition of 'substantial step' in the context of Attempt?

Conduct which is strongly corroborative of the defendant's purpose to commit the offense

What is the term used to describe the distribution of a controlled substance near schools or public housing?

Unlawful distribution of a controlled substance

What is the term used to describe the unlawful purchase or transport of a controlled substance with a minor?

Unlawful purchase or transport of a controlled substance with a minor

What is the essential element in the offense of Voluntary Manslaughter?

Sudden passion arising from adequate cause

What is the term used to describe the use or possession of drug paraphernalia?

Use or possession of drug paraphernalia

What is the difference between Conspiracy and Attempt?

Conspiracy requires an overt act, while Attempt requires a substantial step

What is the term used to describe the possession of imitation controlled substances?

Possession of imitation controlled substances

What is the term used to describe the robbery of a business open to the public?

Robbery in the second degree

What is the term used to describe the tampering with an operator or passenger in a stolen vehicle?

Tampering with an operator or passenger in a stolen vehicle

What is the term used to describe the possession of a concealable firearm?

Possession of a concealable firearm

What is the primary goal of using the Missouri Criminal Code Handbook (MCCH) in law enforcement?

To define crimes and identify their elements

What is the significance of the word 'and' in the Missouri statutes?

It means that the sentence or factor above and below must both be included for the elements of the offense to apply

What are the two important definitions to correctly identify the elements of a particular crime?

Attempt and conspiracy

What is the purpose of the scenarios available in the MCCH for recruit practice?

To provide a resource for learning and understanding criminal code elements

What is the definition of 'elements' for statute purposes?

The actions which, taken together, constitute a crime

What is the difference between 'attempt' and 'conspiracy' in the Missouri statutes?

Attempt is an offense when a person has a purpose to commit an offense and does an act which is a substantial step toward the commission of the offense, while conspiracy is an agreement to commit an offense

What is the significance of recruit participation in the hours of criminal statutes?

It is the key to understanding the Missouri Criminal Code Handbook

What is the purpose of the discussion in the hours of criminal statutes?

To help reinforce the learning and criminal code elements

What is the significance of the scenarios available in the MCCH for law enforcement?

They provide a resource for learning and understanding criminal code elements

What is the primary goal of using the Missouri Criminal Code Handbook (MCCH) in law enforcement?

To identify the elements of specific crimes

What is the primary difference between Aggravating and Mitigating circumstances in a First-Degree Murder trial?

Aggravating circumstances increase the penalty, while Mitigating circumstances decrease the penalty

What is the primary difference between Physical Injury and Serious Physical Injury?

Serious Physical Injury is more severe than Physical Injury

What is included in the definition of a Deadly Weapon?

Any firearm or similar mechanism, including switchblade knives

What is the primary difference between Second Degree Assault and Third Degree Assault?

Second Degree Assault involves serious physical injury, while Third Degree Assault involves physical injury

What is the purpose of the 'Special Victim' clause?

To increase the severity of the crime

What is included in the definition of a Dangerous Instrument?

Any article or substance capable of causing death or serious injury in the circumstances in which it is used

What is the primary difference between Involuntary Manslaughter and Assault?

Involuntary Manslaughter involves criminal negligence, while Assault involves intentional harm

What is the purpose of distinguishing between physical injury and serious physical injury?

To determine the severity of the crime

What is the primary difference between First Degree Assault and Second Degree Assault?

First Degree Assault involves serious physical injury, while Second Degree Assault involves physical injury

What is the purpose of the Second Trial in a First-Degree Murder case?

To determine the penalty for the crime

Which of the following is NOT a requirement for establishing consent as a defense?

The act was committed in self-defense

What is the primary difference between First Degree Assault and Fourth Degree Assault?

The level of physical injury inflicted

Under what circumstances can consent be a justification for the conduct?

When the injury inflicted or threatened is a reasonably foreseeable hazard of the victim's job or employment

What is the primary difference between Second Degree Kidnapping and Third-Degree Kidnapping?

The exposure to substantial risk of serious physical injury

What is the age requirement for First Degree Statutory Rape and Statutory Sodomy?

The victim must be less than 14 years of age

What is the primary difference between Harassment and Fourth Degree Assault?

The means used to cause emotional distress

Under what circumstances can mistake as to age be a defense?

When the defendant had reasonable grounds to believe the child was older

What is the primary difference between Third Degree Assault and Fourth Degree Assault?

The level of physical injury inflicted

What is the primary difference between First Degree Assault and Third Degree Assault?

The level of physical injury inflicted

Under what circumstances can recklessly causing physical injury be considered Fourth Degree Assault?

When the injury is caused recklessly

What is the minimum age of a child for which consent is not a defense to any offense?

Fourteen years of age

What is the term for the use of a substance administered without a victim's knowledge or consent that renders the victim physically or mentally impaired?

Forcible Compulsion

What is the age of the victim in First Degree Rape and Statutory Sodomy in the First Degree?

Less than 14 years of age

What is the affirmative defense when the criminality of conduct depends on a child being less than seventeen years of age?

The defendant reasonably believed that the child was seventeen years of age or older

What is the term for having deviate sexual intercourse with another person who is less than 14 years of age?

Statutory Sodomy in the First Degree

What is the age of the victim in Sexual Misconduct Involving a Child?

Less than 15 years of age

What is the term for having sexual intercourse with another person knowing that the person does so without that person's consent?

Second Degree Rape

What is the term for having deviate sexual intercourse with another person who is less than 17 years of age, being 21 years of age or older?

Statutory Sodomy in the Second Degree

What is the term for having sexual contact in the presence of a third person or persons under circumstances in which the person knows that such conduct is likely to cause affront or alarm?

Sexual Misconduct in the First Degree

What is the term for soliciting or requesting another person to engage in sexual conduct under circumstances in which the person knows that such request or solicitation is likely to cause affront or alarm?

Sexual Misconduct in the Second Degree

What is the primary characteristic of a Schedule 1 drug?

High potential for abuse with no accepted medical use

What is the essential element of the offense of child molestation in the first degree?

The victim is less than fourteen years of age

What is the definition of sexual contact in the context of sexual abuse?

Any touching of the genitals or anus of another person, or the breast of a female person, or such touching through the clothing

What is the difference between actual possession and constructive possession in the context of drug offenses?

Actual possession refers to having the substance on one's person, while constructive possession refers to having the power and intention to exercise control over the substance

What is the penalty for child molestation in the first degree if the victim is a child less than twelve years of age?

The person shall serve their term of imprisonment without eligibility for probation, parole, or conditional release

What is the essential element of the offense of sexual abuse in the first degree?

The victim is incapacitated, incapable of consent, or lacks the capacity to consent

What is the characteristic of a Schedule 2 drug?

High potential for abuse with a currently accepted medical use

What is the difference between sexual abuse in the first degree and sexual abuse in the second degree?

Sexual abuse in the first degree involves a victim who is incapacitated, incapable of consent, or lacks the capacity to consent, while sexual abuse in the second degree involves a victim who is capable of consent

What is the definition of constructive possession in the context of drug offenses?

Having the power and intention to exercise control over the substance, either directly or indirectly

What is the penalty for child molestation in the second degree if the victim is a child less than twelve years of age?

The person shall serve their term of imprisonment without eligibility for probation, parole, or conditional release

Study Notes

Introduction to Missouri Statutory Law

The trainee will receive a minimum of 32 hours of instruction in Missouri Statutory Law, with 23 hours dedicated to Criminal Statutes.
The Missouri Criminal Code Handbook (MCCI-I) will be used as a resource.

Objectives

Identify crimes by their elements.
Understand the difference between "and" and "or" in statutes.
Define "element" and its significance in examining statutes.
Identify elements of attempt, conspiracy, and other crimes.

Crimes and Their Elements

First Degree Murder:
- Knowingly cause the death of another person.
- After deliberation upon the matter.
Murder in the Second Degree:
- Knowingly cause the death of another person.
- Cause the death of another person while committing or attempting to commit a felony.
Voluntary Manslaughter:
- Cause the death of another person under the influence of sudden passion.
- Assist another in committing self-murder.
Involuntary Manslaughter:
- Recklessly cause the death of another person (First Degree).
- Act with criminal negligence to cause the death of another person (Second Degree).
Assault:
- First Degree: Attempt to kill or cause serious physical injury to another person.
- Second Degree: Attempt to cause serious physical injury under the influence of sudden passion or with a deadly weapon.
- Third Degree: Knowingly cause physical injury to another person.
- Fourth Degree: Attempt to cause physical injury, physical pain, or illness.
Special Victims:
- Law enforcement officers, emergency personnel, probation officers, elderly, disabled, and vulnerable persons.
- Increases the severity of the offense.

Aggravating and Mitigating Circumstances

Considered in assessing the penalty for First Degree Murder.
Aggravating circumstances: circumstances that show the crime was serious and warrant the death penalty.
Mitigating circumstances: circumstances that identify reasons why the defendant was not fully responsible for the actions.

Definitions

Deadly Weapon: Any firearm, switchblade knife, dagger, billy club, blackjack, or metal knuckles.
Dangerous Instrument: Any article or substance capable of causing death or serious injury.
Physical Injury: Any pain, illness, impairment, or physical condition.
Serious Physical Injury: An injury involving a substantial risk of death, serious permanent disfiguration, or protracted impairment of a bodily function.

Recognizes the potential for injury and agrees to take that risk.
Not applicable if the injury inflicted or threatened is serious physical injury.

Kidnapping

First Degree: Kidnapping with the purpose of holding for ransom or to facilitate a felony.
Second Degree: Kidnapping without the purpose of holding for ransom or facilitating a felony.
Third Degree: Recklessly abandoning or endangering a child.

And so on...### Kidnapping

Kidnapping in the First Degree:
- Unlawfully removing another person from where they are found
- Unlawfully confining another person for a substantial period to hold for ransom or reward, or for any act to be performed or not performed for release
- Using a person as a shield or hostage
- Interfering with the performance of any governmental or political function
- Facilitating the commission of any felony or flight thereafter
- Inflicting physical injury on or terrorizing the victim or another
Kidnapping in the Second Degree:
- Knowingly restraining another person unlawfully and without consent
- Exposing the person to substantial risk of serious physical injury
Kidnapping in the Third Degree:
- Knowingly restraining another person unlawfully and without consent

Sexual Offenses

Factors to determine specific sexual offenses:
- Age of the victim (under 14, under 17, etc.)
- Forcible compulsion (use of substances to impair victim's consent)
First Degree Rape and Sodomy:
- Sexual intercourse or deviate sexual intercourse with someone who is less than 14 years old
- Using forcible compulsion or with someone who is incapacitated, incapable of consent, or lacks the capacity to consent
Statutory Rape and Sodomy:
- First Degree: sexual intercourse with someone under 14 years old
- Second Degree: defendant is 21 years or older, and the victim is under 17 years old
Second Degree Rape and Sodomy:
- Sexual intercourse or deviate sexual intercourse with someone without their consent
Sexual Misconduct:
- First Degree: exposing genitals in public, having sexual contact in public, or having sexual intercourse in public
- Second Degree: soliciting or requesting someone to engage in sexual conduct in public
Sexual Misconduct Involving a Child:
- Exposing genitals to a child under 15 years old
- Coercing or inducing a child under 15 years old to expose their genitals
Sexual Abuse:
- First Degree: subjecting someone to sexual contact while they are incapacitated, incapable of consent, or lack the capacity to consent
- Second Degree: subjecting someone to sexual contact without their consent
Child Molestation:
- First Degree: subjecting a child under 14 years old to sexual contact
- Second Degree: subjecting a child under 12 years old to sexual contact, or subjecting a child under 17 years old to sexual contact when the offender is more than 4 years older

Drug Offenses

Controlled Substances:
- Defined in MCCH Chapter 7
- Classified into 5 schedules based on potential for abuse and medical use
Possession:
- Actual possession: having the substance on one's person or within easy reach and convenient control
- Constructive possession: having the power and intention to exercise dominion or control over the substance

This lesson plan covers Missouri Statutory Law, focusing on Criminal Statutes and the use of the Missouri Criminal Code Handbook. Trainees will learn to identify crimes and understand the laws and codes.

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