Lander County Sheriff's Office - Crimes Against Persons Lesson Plan PDF

**Lander County Sheriff's Office - Training Academy** Title of Instruction: Crimes Against Persons NAC Reference: 289.140, 150,160, and 170 Length of Course: Target Audience: Lander County Sheriff's Office Deputy Trainees Instructor: Lander County Sheriff's Office Training Staff Method of Inst...

**Lander County Sheriff's Office - Training Academy** Title of Instruction: Crimes Against Persons NAC Reference: 289.140, 150,160, and 170 Length of Course: Target Audience: Lander County Sheriff's Office Deputy Trainees Instructor: Lander County Sheriff's Office Training Staff Method of Instruction: Lecture Instructional Aids: Lecture, Handouts, Power Point Revision Date: **Lander County Sheriff's Office Academy Division Training (Training Course** {#lander-county-sheriffs-office-academy-division-training-training-course.Style1} ============================================================================= **Lesson Plan** {#lesson-plan.Style1} =============== {#section.Style1} **Instructional Goal**: To provide the skills necessary for comprehending, reasoning, critical thinking, communicating, observing, and problem solving as they investigate Crimes Against the Person. The student will gain a working knowledge of crimes against persons. The student will also be able to determine what type of crime has been committed and to correctly document the elements of the crime into a report. **Student Performance Objectives**: Upon completion of this instruction, the student will be able to pass a written exam at or above 80%: **A. Discuss and recognize the elements required to arrest for the following subsections of NRS Chapter 200:** 1. **Homicide** i. **Definition of murder, to include:** a. **Degrees of murder** ii. **Definition of malice (expressed and implied)** iii. **Attempt to murder** 2. **Manslaughter** iv. **Definition of manslaughter (voluntary and involuntary)** 3. **Kidnapping** v. **Definition of kidnapping to include:** b. **Degrees of kidnapping** 4. **Sexual assault and seduction** vi. **Definition of sexual assault and seduction** vii. **Elements of penetration** 5. **Robbery** viii. **Definition of robbery** 6. **False imprisonment** ix. **Definition of false imprisonment** 7. **Assault and battery** x. **Definition of assault** xi. **Definition of battery** **B. Recognize the classification of the subsection of crimes in NRS Chapter 200 as a** **misdemeanor, gross misdemeanor or felony.**   **Lander County Sheriff's Office Academy Division Training (Crimes Against Person)** **Lesson Plan** +-----------------------------------+-----------------------------------+ | Instructional Cues, Clock Hours, | Outline and Presentation | | and Performance Objective | | +===================================+===================================+ | **(PO A1)** | **Homicide** | | | | | **(PO A1i)** | The deliberate and unlawful | | | killing of one person by another; | | **(PO A1ia)** | murder. | | | | | | NRS 200.120 \"Justifiable | | | homicide\" defined. Justifiable | | | homicide is the killing of a | | | human being in necessary | | | self-defense, or in defense of | | | habitation, property or person, | | | against one who manifestly | | | intends, or endeavors, by | | | violence or surprise, to commit a | | | felony, or against any person or | | | persons who manifestly intend and | | | endeavor, in a violent, riotous, | | | tumultuous or surreptitious | | | manner, to enter the habitation | | | of another for the purpose of | | | assaulting or offering personal | | | violence to any person dwelling | | | or being therein. | | | | | | **Elements to Arrest-Homicide** | | | | | | "Murder" defined. Murder is the | | | unlawful killing of a human | | | being: | | | | | | With malice aforethought, either | | | express or implied; NRS 200.010 | | | | | | **Degrees of Murder** | | | | | | Murder of the first degree is | | | murder which is: | | | | | | Perpetrated by means of poison, | | | lying in wait or torture, or by | | | any other kind of willful, | | | deliberate and premeditated | | | killing; Committed in the | | | perpetration or attempted | | | perpetration of sexual assault, | | | kidnapping, arson, robbery, | | | burglary, invasion of the home, | | | sexual abuse of a child, sexual | | | molestation of a child under the | | | age of 14 years, child abuse or | | | abuse of an older person or | | | vulnerable person pursuant to NRS | | | 200.5099; or Committed to avoid | | | or prevent the lawful arrest of | | | any person by a peace officer or | | | to effect the escape of any | | | person from legal custody; or | | | Committed on the property of a | | | public or private school, at an | | | activity sponsored by a public or | | | private school or on a school bus | | | while the bus was engaged in its | | | official duties by a person who | | | intended to create a great risk | | | of death or substantial bodily | | | harm to more than one person by | | | means of a weapon, device or | | | course of action that would | | | normally be hazardous to the | | | lives of more than one person; or | | | Committed in the perpetration or | | | attempted perpetration of an act | | | of terrorism. Murder of the | | | second degree is all other kinds | | | of murder. | +-----------------------------------+-----------------------------------+ **Lander County Sheriff's Office Academy Division Training (Crimes Against Person)** {#lander-county-sheriffs-office-academy-division-training-crimes-against-person.Style1} ==================================================================================== **Lesson Plan** {#lesson-plan-1.Style1} =============== +-----------------------------------+-----------------------------------+ | Instructional Cues, Clock Hours, | Outline and Presentation | | and Performance Objective | | +===================================+===================================+ | **(PO A1ii)** | **Malice (Expressed and Implied) | | | Defined** | | **(PO A1iii)** | | | | Express malice is that deliberate | | | intention unlawfully to take away | | | the life of a fellow creature, | | | which is manifested by external | | | circumstances capable of proof. | | | | | | Malice shall be implied when no | | | considerable provocation appears, | | | or when all the circumstances of | | | the killing show an abandoned and | | | malignant heart. | | | | | | "Premeditation and Deliberation" | | | | | | - An intent to Kill. | | | | | | - Formed in a "cool mind" and | | | | | | - Which was formulated in | | | advance of the act of | | | killing, so as to permit | | | reflection on the intent. | | | | | | - Time to reflect can be very | | | brief | | | | | | **Attempted Murder (NRS | | | 193.330)** | | | | | | An act done with the intent to | | | commit a crime, and | | | | | | - Tending but failing to | | | accomplish it | | | | | | - Is an attempt to commit that | | | crime | +-----------------------------------+-----------------------------------+ **Lander County Sheriff's Office Academy Division Training (Crimes Against Person)** **Lesson Plan** +-----------------------------------+-----------------------------------+ | Instructional Cues, Clock Hours, | Outline and Presentation | | and Performance Objective | | +===================================+===================================+ | **(PO A2i)** | **Manslaughter | | | (Voluntary/Involuntary)** | | **(PO A3i-ia)** | | | | In cases of voluntary | | | manslaughter, there must be a | | | serious and highly provoking | | | injury inflicted upon the person | | | killing, sufficient to excite an | | | irresistible passion in a | | | reasonable person, or an attempt | | | by the person killed to commit a | | | serious personal injury on the | | | person killing. | | | | | | Voluntary manslaughter does not | | | include vehicular manslaughter as | | | described in NRS 484B.657 | | | | | | Except under the circumstances | | | provided in NRS 484B.550 and | | | 484B.653, involuntary | | | manslaughter is the killing of a | | | human being, without any intent | | | to do so, in the commission of an | | | unlawful act, or a lawful act | | | which probably might produce such | | | a consequence in an unlawful | | | manner, but where the involuntary | | | killing occurs in the commission | | | of an unlawful act, which, in its | | | consequences, naturally tends to | | | destroy the life of a human | | | being, or is committed in the | | | prosecution of a felonious | | | intent, the offense is murder NRS | | | 200.070. | | | | | | Involuntary manslaughter does not | | | include vehicular manslaughter | | | | | | **Kidnapping** | | | | | | Kidnapping is the unlawful taking | | | away or transportation of a | | | person against that person\'s | | | will, usually to hold the person | | | unlawfully. This may be done for | | | ransom or in furtherance of | | | another crime, or in connection | | | with a child custody dispute. | | | | | | A person who willfully: | | | | | | Seizes, confines, inveigles, | | | entices, decoys, abducts, | | | conceals, kidnaps or carries away | | | a person by any means whatsoever | | | with the intent to hold or | | | detain, or who holds or detains, | | | the person for ransom, or reward, | | | or for the purpose of committing | | | sexual assault, extortion or | | | robbery upon or from the person, | | | or | +-----------------------------------+-----------------------------------+ **Lander County Sheriff's Office Academy Division Training (Crimes Against Person)** **Lesson Plan** +-----------------------------------+-----------------------------------+ | Instructional Cues, Clock Hours, | Outline and Presentation | | and Performance Objective | | +===================================+===================================+ | **(PO A4i)** | for the purpose of killing the | | | person or inflicting substantial | | | bodily harm upon the person, or | | | to exact from relatives, friends, | | | or any other person any money or | | | valuable thing for the return or | | | disposition of the kidnapped | | | person, and a person who leads, | | | takes, entices, or carries away | | | or detains any minor with the | | | intent to keep, imprison, or | | | confine the minor from his or her | | | parents, guardians, or any other | | | person having lawful custody of | | | the minor, or with the intent to | | | hold the minor to unlawful | | | service, or perpetrate upon the | | | person of the minor any unlawful | | | act is guilty of **kidnapping in | | | the first degree** which is a | | | category A felony. | | | | | | A person who willfully and | | | without authority of law: | | | | | | Seizes, inveigles, takes, carries | | | away or kidnaps another person | | | with the intent to keep the | | | person secretly imprisoned within | | | the State, or for the purpose of | | | conveying the person out of the | | | State without authority of law, | | | or in any manner held to service | | | or detained against the person's | | | will, **is guilty of kidnapping | | | in the second degree** which is a | | | category B felony. | | | | | | **Sexual Assault and Seduction** | | | | | | **Sexual Assault:** | | | | | | A person who subjects another | | | person to sexual penetration, or | | | who forces another person to make | | | a sexual penetration on himself | | | or herself or another, or on a | | | beast, against the will of the | | | victim or under conditions in | | | which the perpetrator knows or | | | should know that the victim is | | | mentally or physically incapable | | | of resisting or understanding the | | | nature of his or her conduct, is | | | guilty of sexual assault NRS | | | 200.366. | +-----------------------------------+-----------------------------------+ **Lander County Sheriff's Office Academy Division Training (Crimes Against Person)** **Lesson Plan** +-----------------------------------+-----------------------------------+ | Instructional Cues, Clock Hours, | Outline and Presentation | | and Performance Objective | | +===================================+===================================+ | **(PO A4ii)** | **Statutory Sexual Seduction:** | | | | | **(PO A5i)** | "Statutory sexual seduction" | | | means ordinary sexual | | | intercourse, anal intercourse or | | | sexual penetration committed by a | | | person 18 years of age or older | | | with a person who is 14 or 15 | | | years of age and who is at least | | | 4 years younger than the | | | perpetrator. (NRS 200.364) | | | | | | - Any other sexual penetration | | | committed by a person 18 | | | years of age or older with a | | | person under the age of 16 | | | years with the intent of | | | arousing, appealing to, or | | | gratifying the lust or | | | passions or sexual desires of | | | either of the persons. (NRS | | | 200.368) | | | | | | **Sexual Penetration** | | | | | | "Sexual penetration" means | | | cunnilingus, fellatio, or any | | | intrusion, however slight, of any | | | part of a person's body or any | | | object manipulated or inserted by | | | a person into the genital or anal | | | openings of the body of another, | | | including sexual intercourse in | | | its ordinary meaning. | | | | | | **Robbery** | | | | | | Robbery is the unlawful taking of | | | personal property from the person | | | of another, or in the person's | | | presence, against his or her | | | will, by means of force or | | | violence or fear of injury, | | | immediate or future to his or her | | | person, or the person of a member | | | of his or her family, or the | | | person of anyone in his/her | | | company at the time of the | | | robbery. Any use of force or fear | | | is sufficient to constitute | | | robbery if it causes persons to | | | give up property, the victim need | | | not demonstrate terror resistance | | | of a member of his or her family, | | | or of anyone in his or her | | | company at the time of the | | | robbery a taking is by means of | | | force or fear if force or fear is | | | used to: obtain or retain | | | possession of the property; | | | prevent or overcome resistance to | | | the taking; or facilitate escape. | +-----------------------------------+-----------------------------------+ **Lander County Sheriff's Office Academy Division Training (Crimes Against Person)** **Lesson Plan** +-----------------------------------+-----------------------------------+ | Instructional Cues, Clock Hours, | Outline and Presentation | | and Performance Objective | | +===================================+===================================+ | **(PO A6i)** | Robbery requires a taking of | | | property from the person or | | | presence of the victim, which | | | means that the taking must be | | | from the victim\'s possession, | | | whether actual or constructive. | | | Property is on the victim\'s | | | person if it is in his hand, in | | | the pocket of the clothing he | | | wears, or otherwise attached to | | | his body or clothing. | | | | | | The phrase **\"from the | | | presence\"** or **\"in the | | | presence\"** has been construed | | | to mean proximity or control | | | rather than within eyesight of | | | the victim NRS 200.380. | | | | | | The degree of force used is | | | immaterial if it is used to | | | compel acquiescence to the taking | | | of or escaping with the property. | | | A taking constitutes robbery | | | whenever it appears that, | | | although the taking was fully | | | completed without the knowledge | | | of the person from whom taken, | | | such knowledge was prevented by | | | the use of force or fear. NRS | | | 200.380. | | | | | | **False Imprisonment** | | | | | | The illegal confinement of one | | | individual against his or her | | | will by another individual in | | | such a manner as to violate the | | | confined individual\'s right to | | | be free from restraint of | | | movement. | | | | | | False imprisonment often involves | | | the use of physical force, but | | | such force is not required. The | | | threat of force or arrest, or a | | | belief on the part of the person | | | being restrained that force will | | | be used, is sufficient. The | | | restraint can also be imposed by | | | physical barriers or through | | | unreasonable duress imposed on | | | the person being restrained. For | | | example, suppose a shopper is in | | | a room with a security guard, who | | | is questioning her about items | | | she may have taken from the | | | store. If the guard makes | | | statements leading the shopper to | | | believe that she could face | | | arrest if she attempts to leave, | | | the shopper may have a reasonable | | | belief that she is being | | | restrained from leaving, even if | | | no actual force or physical | | | barriers are being used to | | | restrain her. | +-----------------------------------+-----------------------------------+ **Lander County Sheriff's Office Academy Division Training (Crimes Against Person)** **Lesson Plan** +-----------------------------------+-----------------------------------+ | Instructional Cues, Clock Hours, | Outline and Presentation | | and Performance Objective | | +===================================+===================================+ | **(PO A7i-ii)** | False imprisonment is an unlawful | | | violation of the personal liberty | | **(PO B)** | of another, and consists in | | | confinement or detention without | | | sufficient legal authority a | | | person convicted of false | | | imprisonment shall pay all | | | damages sustained by the person | | | so imprisoned, and, except as | | | otherwise provided in this | | | section, is guilty of a gross | | | misdemeanor NRS 200.460. | | | | | | **Assault and Battery (NRS | | | 200.471, 200.481)** | | | | | | "Assault" means: | | | | | | Unlawfully attempting to use | | | physical force against another | | | person; or Intentionally placing | | | another person in reasonable | | | apprehension of immediate bodily | | | harm. | | | | | | "Battery" means: | | | | | | Any willful and unlawful use of | | | force or violence upon the person | | | of another. | | | | | | **Penalties/Classification of | | | Battery Subsection** | | | | | | Except as otherwise provided in | | | NRS 200.485, a person convicted | | | of a battery, other than a | | | battery committed by an adult | | | upon a child which constitutes | | | child abuse, shall be punished: | | | | | | a. If the battery is not | | | committed with a deadly | | | weapon, and no substantial | | | bodily harm to the victim | | | results, except under | | | circumstances where a greater | | | penalty is provided in this | | | section or NRS 197.090, for a | | | misdemeanor. | | | | | | b. If the battery is not | | | committed with a deadly | | | weapon, and either | | | substantial bodily harm to | | | the victim results or the | | | battery is committed by | | | strangulation, for a category | | | C felony as provided in NRS | | | 193.130. | +-----------------------------------+-----------------------------------+ **Lander County Sheriff's Office Academy Division Training (Crimes Against Person)** **Lesson Plan** +-----------------------------------+-----------------------------------+ | Instructional Cues, Clock Hours, | Outline and Presentation | | and Performance Objective | | +===================================+===================================+ | | c. If: | | | | | | | | | | | | 1. The battery is committed upon | | | an officer, provider of | | | health care, school employee, | | | taxicab driver or transit | | | operator who was performing | | | his or her duty or upon a | | | sports official based on the | | | performance of his or her | | | duties at a sporting event; | | | | | | 2. The officer, provider of | | | health care, school employee, | | | taxicab driver, transit | | | operator or sports official | | | suffers substantial bodily | | | harm or the battery is | | | committed by strangulation; | | | and | | | | | | 3. The person charged knew or | | | should have known that the | | | victim was an officer, | | | provider of health care, | | | school employee, taxicab | | | driver, transit operator or | | | sports official, for a | | | category B felony by | | | imprisonment in the state | | | prison for a minimum term of | | | not less than 2 years and a | | | maximum term of not more than | | | 10 years, or by a fine of not | | | more than \$10,000, or by | | | both fine and imprisonment. | | | | | | | | | | | | a. b. c. d. If the battery is | | | committed upon an officer, | | | provider of health care, | | | school employee, taxicab | | | driver or transit operator | | | who is performing his or her | | | duty or upon a sports | | | official based on the | | | performance of his or her | | | duties at a sporting event | | | and the person charged knew | | | or should have known that the | | | victim was an officer, | | | provider of health care, | | | school employee, taxicab | | | driver, transit operator or | | | sports official, for a gross | | | misdemeanor, except under | | | circumstances where a greater | | | penalty is provided in this | | | section. | | | | | | e. If the battery is committed | | | with the use of a deadly | | | weapon, and: | +-----------------------------------+-----------------------------------+ **Lander County Sheriff's Office Academy Division Training (Crimes Against Person)** **Lesson Plan** +-----------------------------------+-----------------------------------+ | Instructional Cues, Clock Hours, | Outline and Presentation | | and Performance Objective | | +===================================+===================================+ | | 1. No substantial bodily harm to | | | the victim results, for a | | | category B felony by | | | imprisonment in the state | | | prison for a minimum term of | | | not less than 2 years and a | | | maximum term of not more than | | | 10 years and may be further | | | punished by a fine of not | | | more than \$10,000. | | | | | | 2. Substantial bodily harm to | | | the victim results or the | | | battery is committed by | | | strangulation, for a category | | | B felony by imprisonment in | | | the state prison for a | | | minimum term of not less than | | | 2 years and a maximum term of | | | not more than 15 years and | | | may be further punished by a | | | fine of not more than | | | \$10,000. | | | | | | | | | | | | a. b. c. d. e. f. If the | | | battery is committed by a | | | probationer, a prisoner who | | | is in lawful custody or | | | confinement or a parolee, | | | without the use of a deadly | | | weapon, whether or not | | | substantial bodily harm | | | results and whether or not | | | the battery is committed by | | | strangulation, for a category | | | B felony by imprisonment in | | | the state prison for a | | | minimum term of not less than | | | 1 year and a maximum term of | | | not more than 6 years. | | | | | | g. If the battery is committed | | | by a probationer, a prisoner | | | who is in lawful custody or | | | confinement or a parolee, | | | with the use of a deadly | | | weapon, and: | | | | | | | | | | | | 1. No substantial bodily harm to | | | the victim results, for a | | | category B felony by | | | imprisonment in the state | | | prison for a minimum term of | | | not less than 2 years and a | | | maximum term of not more than | | | 10 years. | | | | | | 2. Substantial bodily harm to | | | the victim results or the | | | battery is committed by | | | strangulation, for a category | | | B felony. | +-----------------------------------+-----------------------------------+