Term
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Definition
| MORE THAN ONE PERSON HAS CONTROL |
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Term
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Definition
| OFFENSES ILLEGAL BASED ON THE STATUS OF THE VICTIM (I.E., AGE - STATUTORY RAPE) |
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Term
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Definition
| KNOWINGLY PROCURED OR RECEIVED, OR AWARE OF HAVING CONTROL FOR SUFFICIENT AMOUNT OF TIME TO HAVE BBEN ABLE TO TERMINATE HIS POSSESSION. |
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Term
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Definition
| MUST ACTUALLY POSSESS AND HAVE PHYSICAL CONTROL. |
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Term
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Definition
| (SPECIFIC INTENT) THE MALICIOUS BURNING OR EXPLODING OF A DWELLING HOUSE OF ANOTHER OR ITS CURTILAGE. |
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Term
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Definition
| (SPECIFIC INTENT)STARTS A FIRE OR CAUSES AN EXPLOSION W/ THE PURPOSE OF: (A)DESTROYING A BUILDING OR STRUCTURE OF ANOTHER; OR (B)DESTROYING OR DAMAGING ANY PROPERTY, WHETHER HIS OWN OR ANOTHERS, TO COLLECT INSURANCE FOR SUCH LOSS. |
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Term
| RECKLESS BURNING - 3RD DEGREE (MPC) |
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Definition
| PURPOSELY STARTS A FIRE OR CAUSES AN EXPLOSION, WHETHER ON HIS OWN PROPERTY OR ANOTHERS & THEREBY RECKLESSLY (A)PLACES ANOTHER PERSON IN DANGER OF DEATH OR BODILY INJURY, OR (B)PLACES A BUILDING OR STRUCTURE OF ANOTHER IN DANGER OF DAMAGE OR DESTRUCTION. |
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Term
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Definition
| ANY STRUCTURE, VEHICLE, OR PLACE ADAPTED FOR OVERNIGHT ACCOMMODATIONS OR PERSONS, OR FOR CARRYING BUSINESS W/I, WHETHER OR NOT A PERSON IS ACTUALLY PRESENT. |
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Term
| ASSAULT & BATTERY (COMMON LAW) |
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Definition
| (SPECIFIC INTENT)(MISDEMEANOR) AN INTENTIONAL ACT CREATING AN APPREHENSION OF AN IMMINENT HARMFUL OR OFFENSIVE CONTACT W/ ANOTHER, W/ THE (SPECIFIC INTENT)(MISDEMEANOR)PRESENT ABILITY TO ACCOMPLISH THE HARMFUL OR OFFENSIVE CONTACT OR ATTEMPTED BATTERY. |
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Term
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Definition
| (SPECIFIC INTENT)(MISDEMEANOR)(A)ATTEMPTS TO CAUSE OR PURPOSELY, KNOWINGLY,OR RECKLESSLY CAUSES BODILY INJURY TO ANOTHER, (B)NEGLIGENTLY CAUSES BODILY INJURY TO ANOTHER; OR (C)ATTEMPTS BY PHYSICAL MENACE TO PUT ANOTHER IN FEAR OF IMMENENT SERIOUS BODILY INJURY. |
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Term
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Definition
| (SPECIFIC INTENT)(FELONY)(A)ATTEMPTS TO CAUSE SERIOUS BODILY INJURY TO ANOTHER, OR CAUSES SERIOUS BODILY INJURY, PURPOSELY, KNOWINGLY, RECKLESSLY UNDER CIRCUMSTANCES MANIFESTING EXTREME INDIFFERENCE TO THE VALUE OF HUMAN LIFE; OR(B)ATTEMPTS TO CAUSE OR PURPOSEFULY OR KNOWINGLY CAUSES BODILY INJURY TO ANOTHER W/ A DEADLY WEAPON. |
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Term
RECKLESS ENDANGERMENT
OR
CRIMINAL RECKLESSNESS (MPC) |
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Definition
(MISDEMEANOR)RECKLESSLY ENGAGES IN CONDUCT WHICH PLACES OR MAY PLACE ANOTHER IN DANGER OF DEATH OR SERIOUS BODILY INJURY.
(I.E., RECKLESS IF POINTS FIREARM AT ANOTHER, LOADED OR NOT) |
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Term
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Definition
| (SPECIFIC INTENT)UNLAWFULLY SEIZING & CARRYING AWAY A PERSON BY FORCE OR FRAUD. |
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Term
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Definition
| UNLAWFULLY REMOVES ANOTHER FROM HIS PLACE OF RESIDENCE OR BUSINESS, OR A SUBSTANTIAL DISTANCE FROM THE VICINITY WHERE HE IS FOUND, OR IF HE UNLAWFULLY CONFINES ANOTHER FOR A SUBSTANTIAL PERIOD IN A PLACE OF ISOLATION, W/ ANY OF THE FOLLOWING PURPOSES:(A)TO HOLD FOR RANSOM OR REWARD, OR AS A SHIELD OR HOSTAGE;(B)TO FACILITATE COMMISSION OF ANY FELONY OR FLIGHT THEREAFTER;(C)TO INFLICT BODILY INJURY ON OR TO TERRORIZE THE VICTIM OR ANOTHER;(D)TO INTERFERE W/ THE PERFORMANCE OF ANY GOV'T OR POLITICAL FUNCTION. |
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Term
DEFINITION OF
REMOVAL/CONFINEMENT |
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Definition
| UNLAWFUL IF ACCOMPLISHED BY FORCE, THREAT, OR DECEPTION, OR, IN THE CASE OF A PERSON UNDER AGE 14 OR AN INCOMPETANT, W/O THE CONSENT OF A PARENT, GUARDIAN, OR CARETAKER. |
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Term
| FALSE IMPRISONMENT (COMMON LAW) |
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Definition
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Term
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Definition
| TO RESTRAIN ANOTHER UNLAWFULLY SO AS TO INTEREFERE SUBSTANTIALLY WITH HIS LIBERTY. |
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Term
| POSSESSION OF A CONTROLLED SUBSTANCE (COMMON LAW) |
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Definition
| KNOWING POSSESSION OF A CONTROLLED SUBSTANCE |
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Term
| POSSESSION OF A CONTROLLED SUBSTANCE (MPC) |
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Definition
| KNOWINGLY PROCURED OR RECEIVED & AWARE OF HIS CONTROL FOR A SUFFICIENT PERIOD TO HAVE BEEN ABLE TO TERMINATE HIS POSSESSION. |
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Term
| DRUG TRAFFICKING (COMMON LAW) |
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Definition
| POSSESSION W/ THE INTENT TO DISTRIBUTE |
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Term
CRIMES INVOLVING:
SUBSTANCE ABUSE
&
MINORS (COMMON LAW) |
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Definition
| (1)CONTRIBUTING TO THE DELINQINCY OF A MINOR,(2)SELLING TO MINORS,(3)MINOR IN POSSESSION. |
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Term
| PUBLIC INTOXICATION (CRIMINAL LAW) |
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Definition
| UNLAWFUL PRESENCE IN A PUBLIC PLACE WHILE INTOXICATED. |
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Term
| LARCENY/THEFT (COMMON LAW) |
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Definition
| (SPECIFIC INTENT)TAKING & CARRYING AWAY W/O CONSENT OF THE PERSONAL (SPECIFIC INTENT)PROPERTY OF ANOTHER W/ INTENT TO PERMANENTLY DEPRIVE PERSON OF PROPERTY OR ITS VALUE. |
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Term
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Definition
UNLAWFULLY TAKES OR EXERCISES CONTROL OVER MOVEABLE PROPERTY OF ANOTHER W/ THE PURPOSE TO DEPRIVE HIM THEREOF.
*NO DEFENSE = PROPERTY OF SPOUSE, UNLESS COMMON HOUSEHOLD* |
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Term
| RECEIVING STOLEN PROPERTY (MPC) |
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Definition
PURPOSELY RECEIVES, RETAINS, OR DISPOSES OF MOVEABLE PROPERTY OF ANOTHER KNOWING THAT IT HAS BEEN STOLEN, OR BELIEVING IT HAD BEEN STOLEN.
*DEFENSE = INTENDED TO RESTORE TO OWNER. |
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Term
| EMBEZZLEMENT (COMMON LAW) |
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Definition
| TAKING & CARRYING AWAY W/O CONSENT OF THE PERSONAL PROPERTY OF ANOTHER W/ INTENT TO PERMANENTLY DEPRIVE PERSON OF PROPERTY OR ITS VALUE, BY ONE WHO WAS ENTRUSTED W/ & LAWFULLY RECEIVED THE PROPERTY & THEN CONVERTED IT TO OWN USE. |
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Term
| LARCENY BY TRICK (COMMON LAW) |
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Definition
(SPECIFIC INTENT)OBTAIN POSSESSION BUT NOT TITLE OF PROPERTY OF ANOTHER THROUGH FRAUD OR DECEIT W/ INTENT TO UNLAWFULLY CONVERT & LATER DOES SO. (V MUST RELY ON DECEPTION)
*I.E., SCAM ARTIST ON STREET* |
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Term
| LARCENY BY FALSE PRETENSES (COMMON LAW) |
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Definition
(SPECIFIC INTENT)KNOWINGLY OBTAINS TITLE OF THE PROPERTY OF ANOTHER THROUGH FRAUD OR DECEIT (V MUST RELY ON FALSE MATERIAL PAST OR PRESENT FACTUAL MISREPRESENTATION)
*I.E., TELEPHONE SCAM ARTIST |
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Term
| RESIDENTIAL ENTRY (COMMON LAW) |
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Definition
| (FELONY)ENTERS THE DWELLING OF ANOTHER W/O CONSENT (NO BREAKING REQUIRED) |
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Term
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Definition
| (FELONY)CARNAL KNOWLEDGE OF A WOMAN FORCIBLY AGAINST HER WILL. |
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Term
| STATUTORY RAPE (COMMON LAW) |
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Definition
| (FELONY)CARNAL KNOWLEDGE OF A PERSON UNDER THE AGE OF CONSENT. |
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Term
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Definition
(SPECIFIC INTENT)(FELONY)UNLAWFUL BREAKING & ENTERING OF THE DWELLING OF ANOTHER AT NIGHT W/ THE SPECIFIC INTENT TO COMMIT A FELONY THERIN.
*BREAKING REQUIRES...FORCE OR FRAUD* |
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Term
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Definition
(SPECIFIC INTENT)(FELONY)UNLAWFUL BREAKING & ENTERING OF THE DWELLING OF ANOTHER W/ SPECIFIC INTENT TO COMMIT A FELONY THEREIN.
*DWELLING = OTHER BUILDINGS, CARS; HIGHER GRADE IF BODILY INJURY OR DWELLING. |
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Term
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Definition
| (MISDEMEANOR)ENTERS OR SURREPTITIOUSLY REMAINS IN THE BUILDING OR OCCUPIED STRUCTURE OF ANOTHER W/O CONSENT. |
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Term
| SEXUAL BATTERY (COMMON LAW) |
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Definition
| (MISDEMEANOR)UNLAWFUL TOUCHING OF THE SEXUAL BODILY PARTS OF ANOTHER BY FORCE & AGAINST THE PERSON'S WILL. |
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Term
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Definition
| (FELONY)TAKING OF THE PROPERTY OF ANOTHER FROM THE PERSON OR IMMEDIATE PRESENCE OF THE v W/O CONSENT BY USE OF FORCE W/ INTENT TO PERMANENTLY DEPRIVE V OF PROPERTY OR VALUE. |
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Term
| ROBBERY - WHICH CRIMES MERGE? |
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Definition
| LARCENY, ASSUALT & BATTERY, MERGE W/ ROBBERY |
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Term
| ROBBERY - WHAT IS CONSIDERED AGGRAVATED? |
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Definition
| USUALLY AGGRAVATED IF USED A DEADLY WEAPON. |
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Term
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Definition
| (FELONY)IN THE COURSE OF COMMITTING THEFT, INFLICTS SERIOUS BODILY INJURY OF ANOTHER, OR PURPOSELY PUTS V IN FEAR OF IMMEDIATE SERIOUS BODILY INJURY, OR THREATENS OR COMMITS ANY FELONY IN 1ST OR 2ND DEGREE. |
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Term
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Definition
| (1)ACTUS REAS; (2)MES REA); (3)CAUSATION; (4)ATTENDANT CIRCUMSTANCES |
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Term
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Definition
| (1)ACT; (2)OMISSION; (3)POSSESSION |
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Term
DEFINITION OF ACTUS REAS
(MPC) |
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Definition
| A VOLUNTARY ACT OR OMISSION TO PERFORM A DUTY WHICH THE LAW IMPOSES UPON HIM & WHICH HE IS PHYSICALLY CAPABLE OF PERFORMING. |
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Term
| ACTS CONSIDERED "INVOLUNTARY" ACTS |
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Definition
| (1)REFLEX/CONVULSION; (2)BODILY MOVEMENT WHILE UNCONCIOUS; (3)CONDUCT DURING OR RESULTING FROM HYPNOSIS; (4)HABITUAL ACTS. |
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Term
| DEFINITION OF ACTUS REAS AS AN OMISSION TO PERFORM A DUTY |
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Definition
| ONE HAS TAKEN A DUTY TO PERSERVE THE LIFE OF ANOTHER & OMISSION RESULTS IN DEATH OF THE PERSON TO WHOM THE DUTY IS OWED. |
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Term
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Definition
| (1)IF A STATUTE IMPOSES A DUTY;(2)IF A CERTAIN RELATIONSHIP STATUS EXISTS(MOTHER/CHILD OR SPOUSE);(3)A CONTRACTUAL DUTY IS ASSUMED;(4)ONE HAS VOLUNTARILY ASSUMED A DUTY & SECLUDED THE PERSON AS TO PREVENT AID. |
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Term
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Definition
| (1)HAS A DUTY TO V; & (2)INTENTIONALLY OR KNOWINGLY WITHHOLDS NECESSARY & ADEQUATE: (A)FOOD,(B)PHYSICAL CARE, OR(C)MEDICAL TREATMENT |
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Term
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Definition
| MUST HAVE THE ABILITY TO EXERCISE DOMINION OR CONTROL OVER ITEM. |
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