Term
| What are the (7) general defenses to Criminal Responsibility? |
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Definition
1. Insanity
2. Mistake of Fact
3. Mistake of Law
4. Intoxication
5. Duress
6. Entrapment
7. Age |
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Term
| What is the age affecting criminal responsibility? |
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Definition
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Term
| What are the misdemeanor classifications? |
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Definition
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Term
| What are the Felony Classifications? |
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Definition
1. Capital Felony
2. First Degree
3. Second Degree
4. Third Degree
5. State Jail Felony |
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Term
| What is the punishment for a class A misdemeanor? |
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Definition
1. Confinement in Jail upto 1 year
2. Fine up to $4,000
3. Both |
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Term
| What is the punishment for a class B Misdemeanor? |
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Definition
1. Confinement in jail up to 180 days
2. Fine upto $2,000
3. Both |
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Term
| What is the punishment for a class C misdemeanor? |
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Definition
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Term
| What is the punishment for a Capital Felony? |
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Definition
1. Life
2. Life without parole
3. Death |
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Term
| What is the punishment for a 1st Degree Felony? |
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Definition
1. 5 to 99 years
2. Fine upto $10,000 |
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Term
| What is the punishment for 2nd Degree felony? |
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Definition
| 2-20 years and upto $10,000 |
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Term
| What is the punishment for 3rd degree felony? |
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Definition
| 2-10 years and up to $10,000 |
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Term
| What is the punishment for a State jail felony? |
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Definition
| Confinement in a state jail 180 days to 2 years |
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Term
| What are the (4) mental states |
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Definition
1. Intentional
2. Knowing
3. Recklessly
4. Criminally Negligent |
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Term
| What is the mental state required for murder? |
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Definition
| Intentionally or Knowingly |
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Term
| What is the mental state for capital murder |
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Definition
| Intentionally or Knowingly |
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Term
| What is the mental state required for Manslaughter? |
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Definition
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Term
| What is the mental state required for criminally negligent homicide? |
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Definition
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Term
| What is the mental state required for Kidnapping? |
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Definition
| Knowingly or Intentionally |
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Term
| What are the (7) circumstances that will make Kidnapping Aggravated Kidnapping? |
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Definition
1. Ransom
2. Shield or Hostage
3. Felony facilitation or flight
4. Cause Bodily Injury or abuse sexually
5. terrorize
6. interfere with a governmental or political function
7. use or exhibit a deadly weapon |
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Term
| What is the mental state for Unlawful restraint? |
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Definition
| Intentionally or Knowingly |
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Term
| What is the mental state for Unlawful Transport? |
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Definition
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Term
| What is the mental state for Public lewdness in public? |
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Definition
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Term
| What is the mental state for public lewdness when not in public? |
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Definition
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Term
| What is the mental state for indecency with a child? |
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Definition
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Term
| What is the mental state for assault? |
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Definition
| Intentionally, Knowingly or recklessly |
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Term
| What makes assault aggravted assault? |
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Definition
| Assault plus SBI or uses or exhibits a deadly weapon |
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Term
| What is the mental state for sexual assault? |
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Definition
| Intentionally or knowingly |
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Term
| What is the mental state for Injury to a child, Elderly person or disabled person? |
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Definition
| Intentionially, Knowingly, Recklessly, or Criminally Negligently |
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Term
| What is the O.R.P Man standard? |
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Definition
| Ordinary, Reasonably Prudent person |
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Term
| What is the mental state for Deadly conduct |
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Definition
| Recklessly unless it involves discharging a firearm it is knowingly |
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Term
| What makes the penalty greater in Aiding Suicide? |
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Definition
| If the person does not die and is caused SBI |
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Term
| What is the time limit and age limit for leaving a child in a vehicle? |
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Definition
| Longer than 5 minutes and younger than 7 and not attended by an individual 14 or older |
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Term
| What are the (4) general things a person can not do if there is a protective order in place? |
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Definition
1. Commit family violence
2. Threaten family violence
3. Go to or near certain places
4. Possess a firearm |
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Term
| Who can rescind a protective order? |
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Definition
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Term
| What are the mental states for Arson? |
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Definition
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Term
| What is the difference between Criminal Mischief and Graffiti? |
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Definition
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Term
| What is the amount that changes the punishment for criminal mischief or graffiti? |
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Definition
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Term
| What for is the mental state for robbery? |
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Definition
| Intentionally, Knowingly, or Recklessly |
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Term
| Bodily Movement, wheather voluntary or involuntary, and including speech defines what? |
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Definition
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Term
| A person whose criminal responsibility is in issue in a criminal action |
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Definition
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Term
| A person other than the actor |
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Definition
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Term
| Any economic gain or advantage |
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Definition
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Term
| physical pain, illness, or any impairment of physical condition |
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Definition
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Term
| An act or omission and its accompanying mental state defines what? |
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Definition
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Term
| Anything designed, mande or adapted for the purpose of inflicting death or SBI defines what? |
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Definition
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Term
| Forbidden conduct; the required culpability; required result; the negation of any exception to the offense are defining what? |
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Definition
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Term
| Loss, disadvantage, or injury is called? |
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Definition
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Term
| Human Being who is alive including an unborn child defines what term? |
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Definition
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Term
To Swear under God; includes affirmation
defines an? |
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Definition
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Term
| Any type of administrative, executive, legislative, or judicial proceeding that is conducted before a public servant defines what? |
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Definition
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Term
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Definition
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Term
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Definition
| Individual, corporation, or association |
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Term
Care, custody, control, or management defines what?
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Definition
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Term
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Definition
| any place the public has access |
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Term
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Definition
| Employee, Officer, Candidate for public office, or juror |
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Term
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Definition
| To no longer be alive, including an unborn child |
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Term
| 2 or more offenses that are connected, have a common scheme, or repeated commission of similar offenses defines what? |
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Definition
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Term
| Consolidation and joinder of prosecutions |
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Definition
| A defendant may be prosecuted in a single criminal action for all offenses arising out of the same criminal episode |
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Term
| When two or more offenses have been consolidated for trial, the defendant may choose to have a seperate trial for each offense defines what? |
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Definition
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Term
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Definition
| Mental states of Intentionally, Knowingly, Recklessly, or criminal negligence |
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Term
|
Definition
| Conscious objective or desire |
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Term
| aware that conduct is reasonably certain to cause the result is what mental state? |
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Definition
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Term
| Aware bus consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur is what Mental State? |
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Definition
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Term
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Definition
| When one ought to be aware of reckless behavior |
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Term
| A person is criminally responsible if the result would not have occurred but for his conduct defines what? |
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Definition
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Term
| Define Parties to offense |
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Definition
| Each party to an offensemay be charged as principal |
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Term
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Definition
| Intentionally or knowingly causing the death of an individual |
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Term
| Murder of peace officer, firefighter or judge actin in lawful discharge of official duty; murder during an escape; murder for hire; murder of multiple people; murder of a child under 6 all define what? |
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Definition
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Term
|
Definition
| Recklessly causing the death of an individual |
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Term
| Criminally Negligent Homicide |
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Definition
| Causing the death of an individual with criminal negligence |
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Term
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Definition
| To restrict a person's movement |
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Term
| To restrain a person with intent to keep them hidden defines what? |
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Definition
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Term
| Intentionally or knowingly abducting another person defines what? |
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Definition
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Term
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Definition
| Transports a person for money, in a manner designed to conceal and creates a substantial likelihood for SBI or death |
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Term
| To transport, entice,recruit, harbor, provide, or otherwise obtain another person by any means defines what? |
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Definition
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Term
|
Definition
| any product offered for sale or consumption by the public |
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Term
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Definition
| to alter a consumer product |
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Term
|
Definition
| being married to more than one person |
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Term
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Definition
| A structure or vehicle adapted for overnight accommodations |
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Term
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Definition
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Term
|
Definition
| real property, tangible orintangible |
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Term
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Definition
| Any device a person can be in or on and propelled, moved or drawn |
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Term
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Definition
| Burning of unwanted vegitation |
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Term
| 3 or more people engaged in a criminal activity defines what? |
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Definition
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Term
| What is Intoxication Manslaughter |
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Definition
| DWI that results in death |
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Term
| Define Intoxication Assault |
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Definition
| DWI that results in someone being hurt |
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Term
| What is the age of the child in "DWI with child passenger? |
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Definition
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Term
| When an intoxicated person operates a motor vehicle in public defines what? |
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Definition
| Driving While Intoxicated |
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Term
| What are the (3) things required for public Intoxication? |
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Definition
1. In Public
2. Intoxicated
3. Endangers |
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Term
| What is the Alcohol Concentration for breath? |
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Definition
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|
Term
| What is the Alcohol Concentration for blood? |
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Definition
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|
Term
| What is the Alcohol Concentration for Urin? |
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Definition
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Term
| What is the difference between Criminal Attempt and Criminal Conspiracy? |
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Definition
| Attempt is more than preperation to commit a CRIME, but the attempt fails Conspiracy is when 2 or more agree to commit a FELONY and 1 performs an overt act |
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Term
| What is the difference between Criminal Conspiracy and Criminal Solicitation? |
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Definition
| Criminal Conspiracy is when 2 or more agree to commit a FELONY and 1 performs an overt act Criminal Solicitation is when 1 requests another commit a 1st DEGREE FELONY or CAPITAL FELONY |
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Term
| What is the mental state for Burgulary? |
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Definition
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Term
| What is the crime when a person enters a building and commits a felony, theft, or assault? |
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Definition
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Term
| What is the crime when someone breaks open a vending machine? |
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Definition
| Burgulary of a Coin Operated Machine |
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Term
| What is the crime when someone breaks into a vehicle to steal something? |
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Definition
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Term
|
Definition
| Enters or remains on or in the property of another without consent |
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Term
| What is the crime when a person enters a vehicle with intent to commit a Felony or theft? |
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Definition
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Term
| Public Intoxication is when a person appears in a public and what 2 other things? |
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Definition
1. Is intoxicated
2. Endangers himself or another |
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Term
| What are the amounts of Alcohol Concentration for Blood, Breath, or Urin? |
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Definition
Blood - 100 Milliliters
Breath - 210 Liters
Urin - 67 Milliliters |
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Term
| What is the crime of intentionally avoiding paying for a service? |
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Definition
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Term
| What is the punishment for theft over $200,000 |
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Definition
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Term
| What is the punishment for theft $100,000 to $200,000? |
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Definition
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Term
| What is the punishment for theft $20,000 to $100,000? |
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Definition
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Term
| What is the punishment for theft $1500 to $20,000 |
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Definition
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Term
| What is the punishment for theft $500 to $1500? |
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Definition
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|
Term
| What is the punishment for theft $50 to $500? |
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Definition
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|
Term
| What is the punishment for theft less than $50.00 |
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Definition
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Term
| Burgulary is when a person enters a building with intent to do what? |
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Definition
| Commit a felony, theft or assault |
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Term
| What is the crime when a intoxicated person operates a vehicle in public and hurts someone? |
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Definition
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Term
| What is the crime when an intoxicated person operates a vehicle and kills someone? |
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Definition
| Intoxication Manslaughter |
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Term
| What is the term when 3 or more people engage in a criminal activity? |
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Definition
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Term
| What is the crime when a person requests another to commit a Capital Felony or 1st Degree Felony? |
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Definition
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|
Term
| What is the term when 2 or more people agree to commit a felony and perform an overt act? |
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Definition
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|
Term
| To with hold property from the owner for an extended time or permanently defines what? |
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Definition
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Term
| What is the age of the minor in the crime of Online Solicitation of a minor? |
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Definition
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Term
| What is the age of the actor involved in Online Solicitation of a minor? |
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Definition
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Term
| What are the (3) forms of communication in Online Solicitation of a minor? |
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Definition
1. Internet
2. Email
3. Text Message |
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Term
| What are the the 2 different acts committed in Online solicitation of a minor? |
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Definition
1. Communicates in a sexually explicit manner
2. Distributes sexually explicit material |
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Term
| Using the name or persona of another person to create a web site or post a message on a social networking site is what crime? |
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Definition
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Term
| Sending an email, instant message, text or similar communication that contains identifying info of someone else (without consent) and intent to defraud the reciepent is what crime? |
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Definition
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Term
T or F
Items must be removed for the offense to be burgulary? |
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Definition
| False - Attempt is enough |
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Term
| What are the (8) exceptions to the age affecting criminal responsibility? |
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Definition
| 1. Perjury 2. Aggravated Perjury 3. Transportation Code 4. Fine only Misdemeanors 5. Penal Ordinances 6. Capital Felony 7. Controlled Substance felony 8. When JV court waives jurisdiction |
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Term
|
Definition
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|
Term
| What is a criminal Episode |
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Definition
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|
Term
| What does the penal code say about complicity? |
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Definition
| Each party to an offense may be charged as a principal |
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Term
| What 3 things make someone criminally responsible for the conduct of another? |
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Definition
| 1. Causes an innocent person to engage in conduct 2. Solicits, Encourages, Directs, or Aids the person 3. When having a legal duty to prevent and does not |
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Term
| What are the (4) types of murder? |
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Definition
1. Murder
2. Capital Murder
3. Manslaughter
4. Criminally Negligent Homicide |
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Term
| What is the difference between Bodily Injury and Serious Bodily Injury? |
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Definition
Bodily Injury - Is physical pain or impairment
Serious Bodily Injury - Injury that causes or risks death, permanent disfigurement, or loss of a function or an organ |
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Term
| What does jurisdiction include other than land? |
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Definition
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|
Term
| When does Texas have jurisdiction to hold someone responsible for a crime? |
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Definition
| When the conduct or result of the conduct occurs in Texas |
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Term
| What is jurisdiction determined by? |
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Definition
| Geography and subject matter |
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Term
| What is the purpose of the penal code? |
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Definition
| To create a code of conduct that is not permitted and punishments for violations |
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Term
| What is the purpose of criminal law? |
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Definition
1. Deter
2. Punish
3. Rehabilitate |
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Term
| What is Consolidation and Joinder of Prosecutions? |
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Definition
| The defendant may be prosecuted in a single trial for all offenses arising out of the same criminal episode |
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Term
|
Definition
| Threat of imminent death or serious bodily injury to the victim or another |
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Term
| When one sentence is served before the next sentence starts defines what? |
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Definition
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Term
| When multiple sentences are served at the same time defines what? |
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Definition
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|
Term
| Officer, Government Agent, Juror, and Candidate for Public Office are all people to be considered what? |
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Definition
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