Shared Flashcard Set

Details

16rcrc11-SpecCrmII
Specific Crimes II section created by Brian Rister
71
Other
Not Applicable
08/09/2011

Additional Other Flashcards

 


 

Cards

Term

Provide the missing information about the given crime:

 

Crime: Public Disorderly Conduct

Class: ?

Court: ?

Punishment: ?

Definition
  • Class: Exempt Misdemeanor
  • Court: Summary Court
  • Punishment: $100 or 30 days
Term

Give the elements of the given crime:

 

Crime: Public Disorderly Conduct

Definition
  1. Accused was on any highway, at a public place, or public gathering grossly intoxicated, otherwise conducting himself in a disorderly or boisterous manner, OR
  2. Accused was using obscene or profane language in hearing distance of a school, church, or any public place, OR
  3. While under the influence or feigning to be, accused discharged a firearm, without just cause or excuse, while upon or within 50 yards of any public road or highway, except upon his own premises
Term
In the case of State v. Williams, SC Supreme Court defined "public place" as what?
Definition
A place in which the general public has a right to resort; not necessarily a place devoted solely to the uses of the public, but a place which is in point of fact public rather than private, a place visited by many persons and usually accessible to the neighboring public
Term

Provide the missing information about the given crime:

 

Crime: Driving Under the Influence

Class: ?

Court: ?

Definition
  • Class: Class A, C, or Exempt Misdemeanor
  • Court:
    • 1st offense - Summary Court
    • 2nd and Subsequent - General Sessions
Term

Explain the Punishment for the given Crime:

 

Crime: Driving Under the Influence - 1st Offense

Definition
  • 1st offense -
    • BAC of .08 or less than .10 -
      • $400 or 48 hours up to 30 days
    • BAC of .10 or less than .16 -
      • $500 or 72 hours up to 30 days
    • BAC of .16 or more -
      • $1000 or 30 days up to 90 days
Term

Explain the Punishment for the given Crime:

 

Crime: Driving Under the Influence - 2nd Offense

Definition
  • 2nd Offense -
    • BAC of .08 or less than .10 -
      • $2100 up to $5000 AND 5 days up to 1 year
    • BAC of .10 or less than .16 -
      • $2500 up to $5500 AND 30 days up to 2 years
    • BAC of .16 or more -
      • $3500 up to $6500 AND 90 days up to 3 years
Term

Explain the Punishment for the given Crime:

 

Crime: Driving Under the Influence - 3rd Offense

Definition
  • 3rd Offense -
    • BAC of .08 or less than .10 -
      • $3800 up to $6300 AND 60 days up to 3 years
    • BAC of .10 or less than .16 -
      • $5000 up to $7500 AND 90 days up to 4 years
    • BAC of .16 or more -
      • $7500 up to $10,000 AND 6 months up to 5 years
Term

Explain the Punishment for the given Crime:

 

Crime: Driving Under the Influence - 4th and Subsequent Offense

Definition
  • 4th and Subsequent Offense -
    • BAC of .08 or less than .10 -
      • 1 year up to 5 years
    • BAC of .10 or less than .16 -
      • 2 years up to 6 years
    • BAC of .16 or more -
      • 3 years up to 7 years
Term

What are the elements of the following crime:

 

Crime: Driving Under the Influence

Definition
  1. A person drove a motor vehicle under the influence of alcohol to the extent that the person's faculties to drive are materially and appreciably impaired, OR
  2. under the influence of any other drug or combination of other drugs and substances which cause impairment to the extent that the person's faculties to drive are materially and appreciably impaired, OR
  3. the combined influence of alcohol and any other drug, drugs, or other substances which cause impairment to the extent that the person's faculties to drive are materially and appreciably impaired
Term

Multiple Choice: According the statutes around Driving Under the Influence, a motor vehicle is limited to:

  1. A car or truck
  2. A motorcycle
  3. A boat
  4. A lawn mower
  5. A moped
  6. All of the above
  7. 1,2, and 5
Definition
6. All of the above
Term

Provide the missing information about the given crime:

 

Crime: Murder

Class: ?

Court: ?

Elements: ?

Punishment: ?

Definition
  • Class - Felony
  • Court - General Sessions
  • Elements-
    1. Unlawful killing of another person
    2. With malice aforethought, either express or implied
  • Punishment - 30 years up to Life sentence, or Death
Term
As it relates to the crime of Murder, what does Malice mean?
Definition
To act with hatred, ill will, or evil intent
Term

Provide the missing information about the given crime:

 

Crime: Voluntary Manslaughter

Class: ?

Court: ?

Elements: ?

Punishment: ?

Definition
  • Class - Class A Felony
  • Court - General Sessions
  • Elements -
    1. Unlawful killing of another person
    2. In sudden heat of passion and upon adequate provocation
  • Punishment - 2 years up to 30 years
Term

Provide the missing information about the given crime:

 

Crime: Involuntary Manslaughter

Class: ?

Court: ?

Elements: ?

Punishment: ?

Definition
  • Class - Class F Felony
  • Court - General Sessions
  • Elements -
    1. Unlawful killing of another person
    2. Resulting from criminal negligence (defined as reckless disregard for the safety of others)
  • Punishment - up to 5 years
Term

Provide the missing information about the given crime:

 

Crime: Reckless Homicide

Class: ?

Court: ?

Elements: ?

Punishment: ?

Definition
  • Class - Class E Felony
  • Court - General Sessions
  • Elements -
    1. Unlawful killing of another person (death of victim must occur within 3 years of injury caused by reckless operation of vehicle)
    2. Operation, by Defendant, of a vehicle in reckless disregard of the safety of others
  • Punishment -
    • $1000 up to $5000 or up to 10 years or both
    • Drivers license, of person convicted, revoked for 5 years
Term

Provide the missing information about the given crime:

 

Crime: Felony DUI

Class: ?

Court: ?

Definition
  • Class - Class D and E Felonies
  • Court - General Sessions
Term

Provide the elements of the given crime:

 

Crime: Felony DUI

 

Definition
  • State v. Grampus
    1. The actor drives a vehicle while under the influence of alcohol and/or drugs;
    2. The actor does an act forbidden by law or neglects a duty imosed by law; AND
    3. The act or neglect proximately causes great bodily injury or death to another person
Term
What is the punishment for Felony DUI?
Definition
  • Great Bodily Injury results -
    • $5100 up to $10,100 AND mandatory 30 days up to 15 years (Class D Felony)
  • Death results -
    • $10,100 up to $25,100 AND mandatory 1 year up to 25 years (Class F Felony)
Term

Provide the missing information about the given crime:

 

Crime: Threatening Life, Person, or Family of Public Official or Public Employee

Class: ?

Court: ?

Punishment: ?

Definition
  • Class - Class F Felony
  • Court - General Sessions
  • Punishment -
    • Subsection A - up to $5000 or up to 5 years or both
    • Subsection B - up to $500 or up to 30 days or both
Term

Give the elements of the given crime:

 

Crime: Threatening Life, Person, or Family of Public Official or Public Employee

Definition
  • Subsection A -
    • It is unlawful for a person to knowingly and willfully deliver or convey, either in writing, print, electronic, verbal, etc, a threat that claims to take the life or cause bodily harm upon a public official, teacher, or principal, or members of immediate family if the threat is directly related to the victim's responsibilities
  • Subsection B -
    • It is unlawful for a person to knowingly and willfully deliver or convey, either in writing, print, electronic, verbal, etc, a threat that claims to take the life or cause bodily harm upon a public employees, or members of immediate family if the threat is directly related to the victim's responsibilities
Term

Multiple Choice: Based on the meaning of "Immediate Family", which one below would not be an example?

  1. Mother
  2. Father
  3. Grandchild
  4. Spouse
  5. Cousin
Definition
5. Cousin
Term

Provide the missing information about the given crime:

 

Crime: Attempted Murder

Class: ?

Court: ?

Elements: ?

Punishment: ?

Definition
  • Class - Class A Felony
  • Court - General Sessions
  • Elements -
    • Person who, with intent to kill, attempts to kill another person with malice aforethought, either expressed or implied, commits the offense of attempted murder
  • Punishment - up to 30 years
Term

Provide the missing information about the given crime:

 

Crime: Assault and Battery of a High and Aggravated Nature (ABHAN)

Class: ?

Court: ?

Elements: ?

Punishment: ?

Definition
  • Class - Felony
  • Court - General Sessions
  • Elements -
    • A person unlawfully injures another person, AND
    • great bodily injury to another person results, OR
    • the act is accomplished by means likely to produce death or great bodily injury
  • Punishment - up to 20 years
Term
True/False: ABHAN is a lesser-included offense of Attempted Murder.
Definition
True
Term

Provide the missing information about the given crime:

 

Crime: Assault and Battery, 1st Degree

Class: ?

Court: ?

Elements: ?

Punishment: ?

Definition
  • Class - Felony
  • Court - General Sessions
  • Elements -
    • (A) Person unlawfully injures another person the act
      • involves nonconsensual touching of the private parts of an adult, under or above clothing, with lewd intent, OR
      • occurred during the commission of a robbery, burlary, kidnapping, or theft
    • (B) Offers or attempts to injure another person, with present ability to do so, and the act
      • accomplished by means likely to produce death or great bodily injury, OR
      • occurred during the commission of a robbery, burlary, kidnapping, or theft
  • Punishment - up to 10 years
Term
True/False: Assault and Battery-1st Degree is the lesser-included offense of ABHAN.
Definition
True
Term

Provide the missing information about the given crime:

 

Crime: Assault and Battery, 2nd Degree

Class: ?

Court: ?

Elements: ?

Punishment: ?

Definition
  • Class - Misdemeanor
  • Court - Summary Court
  • Elements -
    • A person unlawfully injures or offers to or attempts to injure another person, with present ability to do so, and
      • moderate bodily injury to another person results or could have resulted, OR
      • the act involves nonconcensual touching of the private parts of an adult, under or above clothing
  • Punishment - up to $2500 or up to 3 years or both
Term
True/False: Assault and Battery-2nd Degree is the lesser-included offense of Assault and Battery-1st Degree.
Definition
True
Term

Provide the missing information about the given crime:

 

Crime: Assault and Battery, 3rd Degree

Class: ?

Court: ?

Elements: ?

Punishment: ?

Definition
  • Class - Misdemeanor
  • Court - Summary Court
  • Elements -
    • A person unlawfully injures, offers to, or attempts to injure another person with the present ability to do so
  • Punishment - up to $500 or up to 30 days or both
Term
True/False: Assault and Battery-3rd Degree is the lesser-included offense of Assault and Battery-2nd Degree.
Definition
True
Term

Provide the needed information about the given crime:

 

Crime: Resisting Arrest

Class: ?

Court: ?

Elements: ?

Punishment: ?

Definition
  • Class - Misdemeanor, Class C
  • Court - General Sessions
  • Elements -
    • A person knowingly and willfully
    • when resisting any lawful arrest
  • Punishment - $500 up to $1000 and/or up to 1 year
Term

Provide the needed information about the given crime:

 

Crime: Assault on Officer while Resisting Arrest

Class: ?

Court: ?

Elements: ?

Punishment: ?

Definition
  • Class - Felony, Class E
  • Court - General Sessions
  • Elements -
  • A person knowingly and willfully
  • assaults, beats, or wounds a law enforcement officer
  • when resisting any lawful arrest
  • Punishment -
  • $1000 up to $10,000 and/or up to 10 years
Term

Provide the needed information about the given crime:

 

Crime: Resisting Arrest with a Deadly Weapon

Class: ?

Court: ?

Elements: ?

Punishment: ?

Definition
  • Class - Felony, Class E
  • Court - General Sessions
  • Elements -
    • Any person who uses or threatens to use deadly force against an officer
    • when such person is in or claims to be in possession of a deadly weapon
    • while resisting efforts of law enforcement to arrest him or any other person
  • Punishment - 2 years up to 10 years
Term

Provide the needed information about the given crime:

 

Crime: Illegal Transportation of Alcoholic Liquors

Class: ?

Court: ?

Elements: ?

Punishment: ?

Definition
  • Class - Exempt Misdemeanor
  • Court - Magistrate's Court
  • Elements -
  • One may not transport alcoholic liquors in a motor vehicle
  • if the cap or seal is opened or broken
  • in any motor vehicle except in the luggage compartment or cargo area
  • Punishment - $100 or 30 days
Term
What is meant by Alcoholic Liquors?
Definition
All distilled spirits, regardless of the percentage of alcohol by volume
Term

Provide the needed information about the given crime:

 

Crime: Open Containers of Beer or Wine in Vehicle

Class: ?

Court: ?

Elements: ?

Punishment: ?

Definition
  • Class - Exempt Misdemeanor
  • Court - Magistrate
  • Elements -
    • One may not possess an open container of beer or wine
    • in a motor vehicle of any kind while located upon the public highways or highway rights of way of this State, except in the trunk or luggage compartment
  • Punishment - up to $100 or up to 30 days
Term

Provide the needed information about the given crime:

 

Crime: Purchase or Possession of Beer or Wine By Person Under Twenty-One

Class: ?

Court: ?

Elements: ?

Punishment: ?

Definition
  • Class - Exempt Misdemeanor
  • Court - Magistrate
  • Elements -
    • Person under age twenty-one may not
    • purchase, attempt to purchase, consume or knowingly have in his possession
    • beer, ale, porter wine, or other similar malt or fermented beverage
  • Punishment - $100 up to $200 or 30 days or both
Term

Provide the needed information about the given crime:

 

Crime: Purchase or Possession of Liquor by Minor

Class: ?

Court: ?

Elements: ?

Punishment: ?

Definition
  • Class - Exempt Misdemeanor
  • Court - Magistrate
  • Elements -
    • Person under age twenty-one may not
    • purchase, attempt to purchase, consume or knowingly have in his possession alcoholic liquors, OR
    • falsely represent his or her age for purposes of procuring alcoholic liquors
  • Punishment -
    • $100 up to $200 or up to 30 days or both
Term

Provide the needed information about the given crime:

 

Crime: Kidnapping

Class: ?

Court: ?

Elements: ?

Punishment: ?

Definition
  • Class - Felony, Class A (unless sentenced for murder)
  • Court - General Sessions
  • Elements -
    • Defendant unlawfully seized, confined, inveigled, decoyed, kidnapped, abducted, or carried away
    • any other person
    • by any means whatsoever
    • without the authority of law EXCEPT when a minor is seized or taken by his parents
  • Punishment -
    • up to 30 years UNLESS sentenced for murder
Term

Multiple Choice: As it relates to minors in possession of alcoholic beverages and proving that the minor "knowingly possessed", any possession is considered what kind of evidence?

  1. Prima Facie
  2. Excluded
  3. Poisonous Fruit
  4. Direct
  5. Indirect
Definition
1. Prima Facie
Term

Multiple Choice: Mr. Slugger attends a ball game at a public park. It's the championship game, many will be in attendence so the local sheriff's department has been called in to provide traffic control and monitor security. Mr. Slugger parks in a valid spot and him and his friends sit in the truck and have a "cold one" before the game. What crime has just been committed?

  1. Open Containers of Beer or Wine in Vehicle
  2. No crime has been committed at this point
Definition
2. No crme has been committed at this point
Term
What is the role of the Department of Public Safety in terms of individuals being convicted of violating any provision prohibiting the transporation of alcoholic liquors?
Definition
They must suspend the driver's license of the person convicted
Term

Provide the needed information about the given crime:

 

Crime: Criminal Sexual Conduct

Class: ?

Court: ?

Punishment: ?

Definition
  • Class - Felony
  • Court - General Sessions
  • Punishment -
    • 1st Degree - 30 years
    • 2nd Degree - 20 years
    • 3rd Degree - 10 years
Term

What are the elements of the given crime:

 

Crime: Criminal Sexual Conduct, 1st Degree

Definition
  • Actor engages in:
  • Sexual battery with the victim, and
  • uses aggravated force, or
  • the victim is also the victim of forcible confinement, kidnapping, robbery, extortion, burglary, housebreaking, or a similar offense, OR
  • causes the victim, without consent, to become mentally incapacitated or physically helpless by administering, distributing, or causing to be delivered a controlled substance or any intoxicating substance
Term

What are the elements of the given crime:

 

Crime: Criminal Sexual Conduct, 2nd Degree

Definition
  1. Actor engages in sexual battery with the victim and
  2. uses aggravated coercion
Term

What are the elements of the given crime:

 

Crime: Criminal Sexual Conduct, 3rd Degree

Definition
  1. Actor engages in sexual battery with the victim and
  2. uses force or coercion in the absence of aggravating circumstances,

OR

  1. sexual battery with the victim and
  2. the actor knows, or has reason to know, the victim is:
    • mentally defective, or
    • mentally incapacitated, or
    • physically helpless
  3. Aggravated force or coercion was not used
Term
In S.C. the crime of Criminal Sexual Conduct used to be know as what?
Definition
Rape
Term
True/False: Unlike the crime of rape, a victim under CSC can be of either sex.
Definition
True
Term
In terms of CSC, Actor means what?
Definition
A person accused of criminal sexual conduct
Term
In terms of CSC, Aggravated Coercion means what?
Definition
Actor threatens to use force or violence of a high and aggravated nature to overcome the victim or another person, if the victim reasonably believes that the actor has the present ability to carry out the threat, or threatens t retaliate in the future by the infliction of physical harm, kidnapping or extortion, under circumstances of aggravation, against the victim or any other person.
Term
In terms of CSC, Aggravated Force means what?
Definition
Actor uses physical force or physical violence of a high and aggravated nature to overcome the victim or includes the threat of the use of a deadly weapon
Term
In terms of CSC, Intimate Parts means what?
Definition
The primary genital area, anus, groin, inner thighs, or buttocks of a male or female human being and the breasts of a female human being
Term
In terms of CSC, Mentally Defective means what?
Definition
Person suffers from a mental disease or defect which renders the person temporarily or permanently incapable of appraising the nature of his or her conduct
Term
In terms of CSC, Mentally Incapacitated means what?
Definition
Person is rendered temporarily incapable of appraising or controlling his or her conduct whether this conduction is produced by illness, defect, the influence of a substance, or from some other cause
Term
In terms of CSC, Physically Helpless means what?
Definition
Person is unconscious, asleep, or for  any other reason physically unable to communicate unwillingness to an act
Term
In terms of CSC, Sexual Battery means what?
Definition
Sexual intercourse, cunnilingus, fellatio, anal intercourse, or any intrusion, however slight, of any part of a person's body or of any object into the genital or anal openings of another person's body, except when such intrusion is accomplised for medically recognized treatment or diagnostic purposes
Term
In terms of CSC, Victim means what?
Definition
Person alleging to have been subjected to criminal sexual conduct
Term

Provide the missing information about the given crime:

 

Crime: Criminal Sexual Conduct with Minors, 1st Degree

Class: ?

Court: ?

Punishment: ?

Definition
  • Class - Felony, Class A
  • Court - General Sessions
  • Punishment - If victim is:
    • Under 11 years old -
      • 1st offense - 25 years up to Life
      • 2nd offense - Life or Death
    • Under 16 years old and actor convicted for offense listed in sex offender registry -
      • 10 years up to 30 years
Term

Provide the missing information about the given crime:

 

Crime: Criminal Sexual Conduct with Minors, 2nd Degree

Class: ?

Court: ?

Punishment: ?

Definition
  • Class - Felony, Class C
  • Court - General Sessions
  • Punishment - 20 years
Term

Provide the elements for the given crime:

 

Crime: Criminal Sexual Conduct with Minors, 1st Degree

Definition
  1. Sexual battery
  2. Victim under 11 years old, or
  3. Victim under 16 years old and actor convicted or adjudicated delinquent for offense that requires them to register on the sex offender registry
Term

Provide the elements for the given crime:

 

Crime: Criminal Sexual Conduct with Minors, 2nd Degree

Definition
  1. Sexual battery
  2. Age 14 or under but at least 11 years old

OR

  1. Sexual battery
  2. Age 14 or 15
  3. Actor is in a position of familial, custodial, or offical authority to coerce the victim to submit or is older than the victim
Term
Harry and Sally are dating. Harry is 17 and Sally is 15. Harry and Sally both decide and agree to "experiment" on one another and have sexual relations. Sally's parents find out and completely disapprove of Harry's actions and call law enforcement to arrest Harry. Sally is upset and sticks by Harry. Can Harry be convicted of Criminal Sexual Conduct with a Minor, 2nd Degree, for his actions?
Definition
No
Term

Provide the missing information about the given crime:

 

Crime: Assault with Intent to Commit Criminal Sexual Conduct

Class: ?

Court: ?

Elements: ?

Punishment: ?

Definition
  • Class - Felony, Class A, C, or E
  • Court - General Sessions
  • Elements -
    • Intent to commit CSC
    • An overt act towards commission of the crime
  • Punishment -
    • As if the attempted CSC was completed (Same as if the CSC was actually committed)
Term

Provide the missing information about the given crime:

 

Crime: Spousal Sexual Battery

Class: ?

Court: ?

Elements: ?

Punishment: ?

Definition
  • Class - Felony, Class E
  • Court - General Sessions
  • Elements -
    • Victim is legal spouse and Living together
    • sexual battery
    • accomplished throught the use of aggravated force
    • must be reported to law enforcement within 30 days
  • Punishment - up to 10 years
Term

Provide the missing information about the given crime:

 

Crime: Criminal Sexual Conduct: Victim is Legal Spouse

Class: ?

Court: ?

Elements: ?

Punishment: ?

Definition
  • Class - Felony, Class A or C
  • Court - General Sessions
  • Elements -
    • Sexual Battery
    • Victim is legal spouse, living apart
    • Actor's conduct constitutes CSC 1st or 2nd Degree
    • Must be reported to L.E. within 30 days
  • Punishment -
    • 1st Degree - up to 30 years (Class A)
    • 2nd Degree - up to 20 years (Class C)
Term

Provide the missing information about the given crime:

 

Crime: Lewd Act Upon a Child

Class: ?

Court: ?

Punishment: ?

Definition
  • Class - Felony, Class D
  • Court - General Sessions
  • Punishment - 15 years
Term

Provide the elements for the given crime:

 

Crime: Lewd Act Upon a Child

Definition
  1. Accused did willfully and lewdly commit, or attempt to commit, a lewd or lascivious act with or upon the body of a child under the age of 16, AND
  2. the accused was over the age of 14, AND
  3. the act committed was done with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of the accused or of the child
Term

Mr. T and his wife have lived together for 10 years and are still living together. Mr. T comes home one day and forces himself onto Mrs. T. As Mrs. T screams, Mr. T tells her, "Shut up or I'm gonna cut ya". Mr. T then proceeds to forceably, have sexual intercourse with Mrs. T. Mrs. T waits 28 days before going to law enforcement. What will Mr. T most likely be charged with?

  1. Bad Temper
  2. Spousal Sexual Battery
  3. CSC: Victim is Legal Spouse
Definition
2. Spousal Sexual Battery
Term
As far as the elements of the crime, what is the main difference between CSC: Victim is Legal Spouse and Spousal Sexual Battery?
Definition
Whether or not the couple lives together
Term

Provide the missing information about the given crime:

 

Crime: Contributing to the Delinquency of a Minor

Class: ?

Court: ?

Punishment: ?

Definition
  • Class - Misdemeanor, Class A
  • Court - General Sessions
  • Punishment - 3 years or $3000 or both
Term

Give the elements for the given crime:

 

Crime: Contributing to the Delinquency of a Minor

Definition
  • Accused was over 18 years old, AND
  • knowlingly and willfully encouraged, aid or cause or did an act to cause or influence a minor to:
    • Violate a law or municipal ordinance
    • Become and be habitually truant
    • Repeatedly desert home w/o consent
    • Engage in occupation against the law
    • Associate with immoral or vicious persons
    • Habitually use obscene or profane langauge
    • Become or be habitually disobedient
Supporting users have an ad free experience!