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Questions and Answers
What does it mean to restrain a person with intent to prevent his liberation by use of deadly force?
What does it mean to restrain a person with intent to prevent his liberation by use of deadly force?
Abduct
What is defined as to restrict a person's movement without consent, so as to interfere substantially with his liberty?
What is defined as to restrict a person's movement without consent, so as to interfere substantially with his liberty?
Restrain
What is the term for intentionally restraining another person?
What is the term for intentionally restraining another person?
Unlawful Restraint
What does it mean to intentionally abduct another person?
What does it mean to intentionally abduct another person?
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What is the term for intentionally abducting another person with the intent to terrorize them and then let them go?
What is the term for intentionally abducting another person with the intent to terrorize them and then let them go?
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What does 'X' abducting 'Z' and holding him for ransom indicate?
What does 'X' abducting 'Z' and holding him for ransom indicate?
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If 'X' takes 'Z' hostage during an armed robbery, what is 'X' guilty of?
If 'X' takes 'Z' hostage during an armed robbery, what is 'X' guilty of?
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What charge applies if 'X' abducts 'Z' at gunpoint without asking for ransom?
What charge applies if 'X' abducts 'Z' at gunpoint without asking for ransom?
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Aggravated kidnapping is a _____ degree felony.
Aggravated kidnapping is a _____ degree felony.
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Kidnapping is a _____ degree felony.
Kidnapping is a _____ degree felony.
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'X' voluntarily released 'Z' (his aggravated kidnapping victim) in a safe place. 'X' can reduce his offense to a _____ felony of this act.
'X' voluntarily released 'Z' (his aggravated kidnapping victim) in a safe place. 'X' can reduce his offense to a _____ felony of this act.
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What is the classification when 'X' kidnaps a person and demands a ransom but releases them safely before receiving it?
What is the classification when 'X' kidnaps a person and demands a ransom but releases them safely before receiving it?
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What is the primary difference between unlawful restraint and kidnapping?
What is the primary difference between unlawful restraint and kidnapping?
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Under what circumstance does kidnapping become aggravated kidnapping?
Under what circumstance does kidnapping become aggravated kidnapping?
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What is the difference between restrain and abduct?
What is the difference between restrain and abduct?
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'X' intentionally and knowingly abducts 'Y' and holds him for ransom. What is 'X' guilty of?
'X' intentionally and knowingly abducts 'Y' and holds him for ransom. What is 'X' guilty of?
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'X' intentionally and knowingly abducts 'Y' at gunpoint. What crime is committed?
'X' intentionally and knowingly abducts 'Y' at gunpoint. What crime is committed?
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'X' intentionally and knowingly restrains 'Y' against her will by force. What is 'X' NOT guilty of?
'X' intentionally and knowingly restrains 'Y' against her will by force. What is 'X' NOT guilty of?
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'X' abducts the store manager at gunpoint to make a good escape during an armed robbery. What is 'X' guilty of?
'X' abducts the store manager at gunpoint to make a good escape during an armed robbery. What is 'X' guilty of?
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'X' intentionally and knowingly abducts 'Y' by threatening him with deadly force. What is 'X' guilty of?
'X' intentionally and knowingly abducts 'Y' by threatening him with deadly force. What is 'X' guilty of?
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What is the primary difference between robbery and theft?
What is the primary difference between robbery and theft?
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Under what conditions does robbery become aggravated robbery?
Under what conditions does robbery become aggravated robbery?
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What are the primary differences between assault and terroristic threat?
What are the primary differences between assault and terroristic threat?
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What distinguishes criminal mischief from reckless damage?
What distinguishes criminal mischief from reckless damage?
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What differentiates arson from criminal mischief?
What differentiates arson from criminal mischief?
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What is the difference between assault and aggravated assault?
What is the difference between assault and aggravated assault?
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What distinguishes offensive gesture/display from indecent exposure?
What distinguishes offensive gesture/display from indecent exposure?
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What is the difference between harassment and a terroristic threat?
What is the difference between harassment and a terroristic threat?
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What is the difference in the definition of 'entry' in criminal trespass versus burglary?
What is the difference in the definition of 'entry' in criminal trespass versus burglary?
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'X' sends 'Y' a note threatening him with serious bodily injury. What is 'X' guilty of?
'X' sends 'Y' a note threatening him with serious bodily injury. What is 'X' guilty of?
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What was the drunken man arrested for when found urinating in public?
What was the drunken man arrested for when found urinating in public?
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What is the charge against a man who intentionally threw paint on the walls of the Mayor's home?
What is the charge against a man who intentionally threw paint on the walls of the Mayor's home?
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Study Notes
Abduction and Restraint Definitions
- Abduct: To restrain a person to prevent their liberation by using deadly force.
- Restrain: To restrict someone's movement without consent, interfering with their liberty by moving or confining them.
- Unlawful Restraint: Intentionally restraining another person.
- Kidnapping: Intentional abduction of another person.
- Aggravated Kidnapping: Intentional abduction with intent to terrorize, hold for ransom, or use as a shield in a crime.
Legal Consequences and Degrees
- Aggravated kidnapping is classified as a 1st degree felony.
- Kidnapping is classified as a 3rd degree felony.
- Voluntarily releasing a kidnapping victim in a safe location can reduce the offense to a 2nd degree felony.
Differences in Definitions
- Unlawful Restraint vs. Kidnapping:
- Kidnapping involves abduction; unlawful restraint involves confinement.
- Restrain vs. Abduct:
- Abduction includes deadly force or concealment; restraint is confinement without consent.
Application of Kidnapping Laws
- Abducting a person for ransom constitutes aggravated kidnapping.
- Kidnapping during an armed robbery while using the victim as a shield is categorized as aggravated kidnapping.
Comparisons of Related Offenses
- Robbery vs. Theft: Robbery involves the use of force.
- Aggravated Robbery: Requires serious bodily injury, use of a deadly weapon, or threats to vulnerable individuals.
- Assault vs. Terroristic Threat: Assault entails serious bodily injury, while a terroristic threat involves threatening bodily injury.
- Criminal Mischief vs. Reckless Damage: Criminal mischief is intentional, whereas reckless damage is conducted recklessly.
- Arson vs. Criminal Mischief: Arson's destruction is confined to fire, while criminal mischief includes damages beyond fire.
Distinction in Conduct Offenses
- Offensive Gesture/Display vs. Indecent Exposure: Indecent exposure pertains to intent for sexual gratification.
- Harassment vs. Terroristic Threat: Harassment does not involve imminent harm, whereas a terroristic threat implies imminent serious injury.
- Criminal Trespass vs. Burglary: Burglary considers any part of the body as entry, while criminal trespass requires the entire body.
Specific Criminal Examples
- Intentionally threatening someone with serious bodily injury through a note constitutes harassment.
- Disorderly conduct may involve actions such as public urination that offend witnesses.
- Criminal mischief can be charged for intentionally damaging property, such as throwing paint on walls.
Studying That Suits You
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Description
Test your understanding of key terms from Penal Code Chapter 20 with these flashcards. Each card presents a definition related to restraint and abduction. Perfect for law students preparing for exams or anyone interested in criminal law concepts.
