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Criminal Offenses
Tennessee Bar Exam
59
Law
Professional
02/10/2016

Additional Law Flashcards

 


 

Cards

Term
TN Criminal Law

How is "attempt" defined?
Definition
When a person:
* Intentionally engages in action or causes a result that would constitute an offense if the circumstances surrounding the conduct were as the person believes them to be;
* Acts with intent to cause a result that is an element of the offense, and believes the conduct will cause the result w/o further conduct on the person's party; or
* Acts w/ intent to complete a course of action or cause a result that would constitute the offense and this is a substantial step towards commission of the offense (where possession of necessary materials with no purpose other than the crime is sufficient)
Conduct only complies if the person has the intent to commit the offense.
Term
TN Criminal Law

How is "solicitation" defined?
Definition
Oral, Written, or electronic communication, direct or indirect, which commands, requests, or hires another to commit an offense or attempts to do so, with the intent that the crime be committed.

Not defense that the solicitation was unsuccessful. No defense that the solicitor is guilty due to insanity, minority, or lack of criminal responsibility, or incapacity. No defense that they are unaware of the criminality.
Term
TN Criminal Law

Criminal Conspiracy requires:
Definition
2 or more people, with culpable mental states required for the offense that is the object of the conspiracy and acting to commit the offense, who agree that one or more of them will engage in conduct that is the offense.

A person is guilty of conspiring with every person who conspires with their co-conspirator (they don't have to know each other, but they have to know they exist).

If the conspiracy is for multiple offenses, they are only guilty of one conspiracy if same agreement or continuous conspiratorial relationship.
Term
TN Criminal Law

What action must be taken for criminal conspiracy to attach?
Definition
"Overt act in pursuance of the conspiracy" by the person or one with whom he conspired.

Conspiracy continues until completion or abandonment and includes escape from the crime, distribution of the proceeds, and measures for concealing the crime (other than silence).
Term
TN Criminal Law

Criminal Conspiracy - What rules exist re: abandonment?
Definition
Abandonment is presumed if neither party(s) does any overt act in furtherance during the applicable period of limitation.

If a person abandons, the conspiracy is abandoned as to that person only but only when they communicate their abandonment to the conspirators or by informing law enforcement.
Term
TN Criminal Law

Criminal Conspiracy: Defenses
Definition
No defense that the crime was not committed (only need the overt act).

Renunciation (also applies to attempt and solicitation) - if the person successfully prevents the completion of the offense attempted. Must be a complete and voluntary renunciation of the person's criminal purpose.
Term
TN Criminal Law

Offenses against the person: Assaultive Offenses in TN include:
Definition
Assault, Aggravated Assault, and Reckless Endangerment as well as Female Genital Mutilation, and Criminal Exposure to HIV
Term
TN Criminal Law

Criminal Homicide: What are the 6 forms?
Definition
First Degree Murder
Second Degree Murder
Voluntary Manslaughter
Criminal Negligent Homicide
Vehicular Homicide
Reckless Homicide
Also criminalized is "assisted suicide."
Term
TN Criminal Law

First Degree Murder requires:
Definition
Unlawful Killing; intentional and premeditated

Premeditation = exercise of judgment and reflection (no time period for forming the intent to kill - up to jury)
Term
TN Criminal Law

First Degree Murder: Premeditation - factors the jury can consider are:
Definition
use of a deadly weapon upon an unarmed victim;
declarations of defendant's intent to kill;
infliction of multiple wounds;
defendant's prior relationship to victim;
fact that killing was particularly cruel
Term
TN Criminal Law

False Imprisonment requirements
Definition
Requires a person to knowingly remove or confine another unlawfully so as to interfere substantially w/ the other's liberty.
Term
TN Criminal Law

Kidnapping requirements:
Definition
Same as false imprisonment (knowing removal/confinement unlawfully interfering with their liberty) but includes that the person must be exposed to risk of bodily injury.

Also guilty of kidnapping if it includes involuntary servitude.
Term
TN Criminal Law

Aggravated Kidnapping Requirements
Definition
kidnapping committed: (i) to facilitate the commission of any felony or flight thereafter; (ii) to interfere with the performance of any government or political function; (iii) w/ intent to inflict serious bodily injury or terrorize the victim or another; (iv) where victim suffers bodily injury; or (v) while D is in possession of deadly weapon or threatens use of deadly weapon.
Term
TN Criminal Law

Robbery is defined as:
Definition
the intentional or knowing theft of property from the person of another by violence or putting the person in fear.
Term
TN Criminal Law

Aggravated Robbery is defined as:
Definition
A robbery that is (i) accomplished with a deadly weapon or by display of any article used or fashioned to lead the victim to reasonably believe it to be a deadly weapon; or (ii) where the victim suffers serious bodily injury.
Term
TN Criminal Law

Robbery: "Violence" is defined as:
Definition
"the unjust or unwarranted exercise of force." Even a struggle over a billfold was sufficient violence for robbery.
Term
TN Criminal Law

Rape is defined as:
Definition
the unlawful sexual penetration of a victim by teh defendant accompaned by any of the following circumstances:
1. force or coercion is used;
2. penetration occurs w/o consent and D knows or has reason to know at the time that consent was not granted;
3. D knows or has reason to know the victim is mentally defective, mentally incapacitated, or physically helpless; (date rape);
4. sexual penetration is accomplished by fraud.
Term
TN Criminal Law

Aggravated Rape is defined as:
Definition
unlawful sexual penetration where
1. force or cercion is used to accmplished the act and the defendant is armed w/ a weapon or with a tool fashioned to make the victim reasonably fear it is a weapon;
2. D causes bodily injury to the victim;
3. D is aided or abetted by one or more other persons; and (a) force or coercion is used to accomplish the act; or (b) D knows or has reason to know the victim is mentally defective, incapacitated, or helpless.
Term
TN Criminal Law

Rape: How is sexual penetration defined?
Definition
"sexual intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion, however slight, of any part of a person's body or of any object into the genital or anal openings of the victim's, the defendant's, or any other persons'a body, but emission of semen is not required."
Term
TN Criminal Law

Sexual Battery is defined as:
Definition
unlawful sexual conduct with a victim by D or the D by a victim accompanied by any of the following circumstances:
1. force or coercion used;
2. sexual contact is accomplisehd w/o consent of victim and D knows or has reason to know at time of contact that V did not consent;
3. D knows or has reason to know V is mentally defective, etc.;
4. Sexual contact accomplished by fraud.
Term
TN Criminal Law

Aggravated Sexual battery is defined as:
Definition
unlawful conduct where
1. D used a weapon or something like a weapon;
2. D caused bodily harm to victim;
3. D is aided or abetted by 1 or more persons and force is used or D has reason to know of mental faculties of V are not great; or
4. V is <13 years old
Term
TN Criminal Law

sexual Contact is defined as:
Definition
the intentional touching of the victim's, the defendant's, or any other person's intimate parts, or the intentional touching of the clothing covering the immediate area of the V's, D's or another's intimate parts, if intentional touching can be reasonable construed as being for the purpose of sexual arousal or gratification.
Term
TN Criminal Law

Statutory Rape is defined as:
Definition
sexual penetration of a victim by the defendant or of the defendant by the victim when V is at least 13, but less than 18 years old and D is at least 4 years older than V.
Term
TN Criminal Law

When can a spouse be guilty of sexual offenses against the person?
Definition
1. D is armed w/ weapon or article fashioned to appear as a weapon;
2. D causes serious bodily injury; or
3. Spouses are living apart and one of them has filed for separate maintenance or divorce.
Term
TN Criminal Law

Other Sexual Offenses include:
Definition
Offenses against public morality, public indecency, indecent exposure, and prostitution (misdemeanors)
Term
TN Criminal Law

Public Indecency is defined as:
Definition
A person, who in a public place, knowingly or intentionally:
1. engages in sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, excretory functions, or other ultimate sex acts;
2. appears in a state of nudity; or
3. fondles the genitals of such person, or another person
Term
TN Criminal Law

For Public Indecency and other related crimes, a "public place" is defined as:
Definition
any location frequented by the public, or where the public is present or likely to be present, or where a person may reasonably be expected to be observed by members of the public.
Term
TN Criminal Law

Nudity is defined as:
Definition
the showing of the bare human male or female genitals or pubic area with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of the areola, or the showing of the covered male genitals in a discernibly turgid state.
Term
TN Criminal Law

Indecent Exposure is defined as:
Definition
a person, who in a public place or on the private premises of another, or so near thereto as to be seen from such private premises:
1. exposes such person's genitals or buttocks to one or more persons;
2. engages in sexual contact or sexual penetration when the person reasonably expects the act will be viewed by another and such acts (i) will offend an ordinary viewing person; or (ii) are for the purpose of sexual arousal and gratification of the defendant.
Term
TN Criminal Law

Prostitution is defined as:
Definition
engaging in, or offering to engage in, sexual activity as a business or being an inmate in a house of prostitution or loitering in a public place for the purpose of being hired to engage in sexual activity.
Term
TN Criminal Law

Theft Offenses - divided into what two categories?
Definition
Theft of Property

Theft of Services
Term
TN Criminal Law

One is guilty of Theft of Property if:
Definition
w/ intent to deprive the owner of property, the person knowingly obtains or exercises control over the property w/o the owner's effective consent.

Defense: honest belief that the person had the right to obtain or exercise control over the property.
Term
TN Criminal Law

One is guilty of Theft of Services if
Definition
he or she 1. intentionally obtains services by deception, fraud, cercion, false pretense, or any other means to avoid payment for the services;
2. having control over the disposition fo services to others, knowingly diverts those services to the person's own benefit or to the benefit of anothe rnot entitled thereto; or
3. knowingly absconds from establishments where compensation for services is ordinarily paid immediately upon the rendering of them, including, but not limited to, hotels, motels, and restaurants, w/o payment or a bona fide offer to pay.
Term
Tn Criminal Law

Theft includes the other crimes of:
Definition
embezzlement, false pretenses, fraudulent conversion, larceny, and receiving stolen property.
Term
TN Criminal Law

Other property offenses are criminalized such as:
Definition
extortion, forgery, illegal possession or fraudulent use of credit/debit card; issuing false financial statements; deceptive business practices; filing false or fraudulent insurance claims; passing worthless checks; falsifying educational and academic records.
Term
TN Criminal Law

Offenses involving animals
Definition
Can't be cruel to animals, unless protecting oneself.
1. Can't exercise control over an animal facility w/o consent of the owner.
2. Can't damage an animal facility.
Term
TN Criminal Law

Arson is defined as:
Definition
knowingly causing damage to any structure by means of fire or explosion:
1. w/o consent of all persons with a possessory, proprietary, or security interest therin; or
2. w/ intent to destroy or damage structure to collect insurance for the damage or destruction of the premises.
Term
TN Criminal Law

Aggravated Arson consist of:
Definition
arson w/ multiple persons, or when someone suffers harm as a result of the fire (including firefighters and law enforcement)
Term
TN Criminal Law

Reckless Burning is
Definition
leaving fires near woodlands unattended and setting fires at certain times w/o a permit.
Term
TN Criminal Law

Burglary is committed when:
Definition
a person, w/o consent of the owner:
1. enters a building other than a habitation not open to the public, w/ intent to commit a felony, theft, or assault;
2. remains concealed, w/ intent to commit a felony theft or assault in a building;
3. enters a building and commits or attempts to commit a felony, theft, or assault; or
4. enters any freight or passenger car, automobile, truck, trailer, etc. w/ intent to commit a felony and/or does commit the felony, etc.
Term
TN Criminal Law

Aggravated burglary is:
Definition
burglary of a habitation. Especially aggravated burglary occurs when the victim suffers serious bodily injury.

TN law also prohibits the possession of "burglary tools."
Term
TN Criminal Law

What is criminal trespass?
Definition
When a person, knowing the person does not have the owner's effective consent, enters or remains on property.
Term
TN Criminal Law

What is aggravated criminal trespass?
Definition
if she intends, knows, or is reckless, about whether such person's presence will cause fear for the safety of another.
Term
TN Criminal Law

How does one commit trespass by motor vehicle?
Definition
Driving onto parking, standing, operating on or in a parking area or roadway on private property after he/she has been requested to leave.
Term
TN Criminal Law

Vandalism is committed when:
Definition
one who knowingly causes damage to or the destruction of any real or personal property of another or of the state, the US (etc) , w/o the owner's consent.
Term
TN Criminal Law

Littering is committed when:
Definition
a person 1. knowingly places, drops, or throws litter on any public or private property w/o permission and doe snot immediately remove it;
2. negligently places or throws glass or other dangerous substances on or adjacent to water tow hich the public has access for swimming/wading, or w/in 50 feet of a public highway.
3. negligently discharges, sewage, minerals or oil in public waters.
Term
TN Criminal Law

Tennessee law prohibits the use of computers and/or telecommunications devices equipment for the purposes of:
Definition
1. Obtaining money, property, or services for oneself or another by means of false or fraudulent pretenses, representations;
2. Causing computer output to be purposely false, for but not limited to, the purpose of obtaining money property or services for oneself or another by means of false or fraudulent pretenses, representations or promises.
Term
TN Criminal Law

Computer Crimes - viruses
Definition
TN makes it a crime to access a computer system w/o authorization and alter, damage, or destroy computer files or software. This includes the intentional introduction of computer viruses, or "contaminants."

Also prohibits hacking for "gaining access to computer material or to tamper with computer security devices."
Term
TN Criminal Law

Money Laundering is:
Definition
an offense to knowingly 1: use or attempt to use money from criminal activity for the purpose of concealing the criminal nature of the money; or
2: use proceeds with the intent to promote the carrying on of unlawful activity.
Term
TN Criminal Law

What are the offenses against the family?
Definition
Nonsupport; Criminal Abortion; Bigamy; Incest; Child Abuse and Neglect; and sale of alcohol/cigarettes to minors.
Term
TN Criminal Law

Abortion: TN law
Definition
consistent with Roe v. Wade - women must give "informed consent" before the procedure - must have two day waiting period.

After first trimester, must be performed in a hospital.
Outlawed after viability except as necessary to preserve life/health of the mother as certified in writing by physician.
Term
TN Criminal Law

Bribery is defined as:
Definition
offering, conferring, or agreeing to confer any pecuniary benefit upon a upblic servant w/ intent to influence the servant's vote, opinion, judgmetn, exercise or discretion in their official capacity.
Term
TN Criminal Law

Obstruction of Justice includes:
Definition
resisting/evading arrest, obstruction of legal writ or process, compoundign a crime, escape from instricution, and failure to appear
Term
TN Criminal Law

Perjury is
Definition
1. making a false statement under oath;
2. making statement under oath that confirms the truths of a false statement previously made and the statement is required/authorized bvy law to be made under oath.
3. making false statement on an official documetn required by law and stating on its face it is subject ot perjury.
Term
TN Criminal Law

Subornation is...
Definition
..inducing another to perjure themsevles with the intent to deceive.
Term
TN Criminal Law

Defenses: Insanity
Definition
TN recognizes the M'Naghten Rule.

It is an affirmative defense to prosecution that at the time of hte commission of the acts constituting the offence, the defendant, as a result of severe mental disease or defect, was unable to appreciate the nature or wrongfulness of such defendant's acts.

Requires clear and convincing evidence.
Term
TN Criminal Law

Defenses: Self Defense
Definition
person is justified when, and to the degree, the person resonably believes the force is immediately necessary to protect agains the other's use of unlawful force.

THERE IS NO DUTY TO RETREAT BEFORE A PERSON THREATENS OR USES FORCE.
Term
TN Criminal Law

Defenses: Self Defense in your own house
Definition
presumed to have a reasonable fear of imminent peril of death or serious bodily injury to self, family, or member of the household when used against another who unlawfully and forcibly enters the residence.
Term
TN Criminal Law

Defenses: Provocation
Definition
Provocation is not a defense for the use of force unless:
the person abandons the encounter or clearly communicates their intent to do so; and
the other continues to use unlawful force.
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