Acts-Legally Prohibited

Acts-Legally prohibited
Omissions-failure to do what is legally required
Deadly Weapon- designed to cause Death/SPI
4 Cutters-Switchblade, Metal Knuckle Knife, Dagger, Gravity Knife
3 Hitters- Billy, Blackjack and Metal Knuckles
2 Shooters- Pillum Ballistic Knife, Any other capable of shooting round
Dangerous Instruments- Legit use but may be used to cause death/SPI
Title A
1) General Purpose- forbid conduct that causes/threatens harm to individuals/public interest
2) Provide Notice- Tell people what is criminal conduct & punishment
3) Define Crimes/Accompanying Mental States (Mens Rea)
4) Distinguish b/w Serious/Minor offenses and penalties
5) Appropriate Public Response
6) Prevent/Deter Offenses- theories of corrections
Offense- any offense punishable (impris/fine)
Traffic Infraction- NYS Vehicle and Traffic Law
Violation- Offense punishable up to 15 days in city/county jail
Crimes
Misdemeanor- Offense
punishable 16-365 days in a city/county jail
Felony- Offense punishable 366+ days in prison
Person- entity can be hurt by criminal behavior
Title B
Culpable Mental States must exist hold criminally liable
1) Intentional- conscious objective to cause a result
2) Knowingly- aware that such circumstances exist
3) Reckless- Aware and consciously disregards risk
4) Criminal Negligence- fails to perceive risk
Defense- Evidence by accused to defeat criminal charge
Beyond a Reasonable Doubt- Proof required to convict crime (moral certainty)
Preponderance of the Evidence- proof to prevail in Civil caseàTipping of Scales (51:49)
Defenses
Infancy- Child <16 Y.O. cannot be convicted of crime
Age / Commits / Charge
< 7 y.o. / A crime / No Criminal Responsib
7 to 15 / Most Crimes / Juvenile Delinquen
16 Y.O.+ / Any Crime / Actual Offense
Justification- Excuses the use of force in limited situation
Entrapment- wrongly persuaded to commit their crimes
Mental Disease/Defect-lacks capacity to know/appreciate the nature/consequence of conduct / Statute Of Limitations Crim Prec. Law- Gov’t surrendering rights to prosecute after specified amt of time
Class A Fel- no limits
All other Fel.- w/in 5 yrs
Misdemeanor- w/ in 2 yrs
Petty Offenses- w/ in 1 yr
Hiding/Fleeing “Stops the Clock” / Crime / Type / CMS / Definition / Notes / Example
Harassment 2 / Violation / Intent / W/ intent to harass annoy or alarm another:
1) Physical Contact or threatens/attempts w/ no injuries
2) Follows another in/about public place
3) engages in ANY ANNOYING CONDUCT w/ no legit purpose / Must be committed in presence of officer and is against an individual
- No “attempt” / 1)Mr. Brown intending to alarm group of boys pushes one and tells them to go away
2) Jane follows Mary into store after argument and Jane is annoyed.
3) John rattles neighbors garbage late at night because of his dislike of them
Harassment 1 / “B” Misdem. / Intent / A person intentionally and repeatedly harasses another by:
1) Following in/about public place
2) Repeatedly committing acts
AND victim placed in fear of Physical Injury / No “attempt” / Billy has been following his ex-girlfriend Karen for over a month. On this particular evening, Bill follows Karen down the block and threatens to punch her in the face.
Part 2- Classification/Designation of Offenses
Part 3- Specific NYS Statutes
Part 4- Peddlers, firearms, fireworks, porno equip, and procedures regarding licensing, forfeiture, disposal of property
Aggravated Harassment 2 / “A” Misdem. / Intent / W/ intent to harass annoy or alarm another:
1) Communication Annoyance (mail, phone w/ or w/o speaking)
2) Ethnic Subdivision- Physical Contact or threatens/attempts b/c of perception/belief of person’s characteristics
3) Commits Harassment 1 and has prior conviction of same w/in past 10 years / Intent must be to cause fear of PI/property damage and not just annoyance/alarm to enforce
No “attempt” / 1) John, intending to threaten Ann, sends her a letter in which he states that he is going to kill her. The letter scares Ann.
2) Joe, intending to harass Bill, pushes Bill and uses a racial slur against him.
3) Bill has been following his ex-girlfriend Karen for over a month, and now threatens her with violence. He was convicted of the same crime 5 years ago.
Elements of An Offense
1)Written Law
2)Act- Bodily movement
Voluntary Act =
performed consciously
Conduct= act + mental
3)Mental- Mens Rea
4)Result
5)Causal Relationship
*2,3,4=Corpus Delecti:
Elements of Crime
Aggravated Harassment 1 / “E” Felony / Intent / W/ intent to harass annoy or alarm another b/c of person’s characteristics:
1) Damages religious premise ($50.01+)
2) Person commits Agg. Har. 2 Ethnic Sub. And has prior conviction for same in past or prior of Har. 1 (dam to rel. prem.) in last 10 yrs
3) Etches/Paints/Etc. Swastika on any public/private building w/o permission
4) Sets on fire cross in public view / No “attempt” / 1) Joe who doesn’t like Catholics, throws a brick through the stained glass window of a church—intending annoy the Pastor—causing $350 damage.
2) Joe, intending to harass Bill, pushes Bill and uses a racial slur against him. Bill gets charged with Aggravated Harassment 1 if he has been convicted of this same crime any time in his past
Motive: Desire prompting criminal act (reason)
Intent- Determination/purpose to do a criminal act (determination)
Strict Liability- forbidden acts w/o regard to the defense state of mind
*Not Knowing a child’s age is not a defense
*Intoxication is not a defense to crim charge
Accessorial Conduct- asks, directs, urges, aids another in an offense w/Ment Culp
Anticipatory Offenses- committed in connection w/ furtherance of another crime
Attempt- Close Completion=Act
(not for offense < Misd.)
Reckless Endangerment 2 / Misdem. / Reckless / Engages in course of conduct recklessly and unjustifiably creates a substantial risk of SPI / No one is Injured
No “attempt” / John swings a baseball bat in a sporting goods store despite being asked to stop by a store clerk.
Reckless Endangerment 1 / Felony / Reckless / Person acting w/ depraved indifference to human life (super reckless) and creates a grave risk of death / No One Dies!
No “attempt” / To “celebrate” job promotion, Steven fires his pistol from a rooftop, down towards a sidewalk that is crowded with pedestrians
Menacing 3 / “B” Misdem. / Intent / Person intentionally attempts or does place another in immediate. Fear of PI, SPI, or death by some Physical Menace / A person need not be in fear in order to charge Menacing / John leaps in front of Mary and, with one leg extended toward her in a karate kick position, states, “Don’t disrespect me.”
Menacing 2
______
Assault 3
______
Assault 2 / “A”
Misdem.
______
Misdem.
______
Felony / Intent
______
Intent
Reckless
Reckless
Reckless
Crim Neg
Crim Neg
______
Intent
Intent
Intent
Reckless
Intent
Reckless / 1) Person does or attempts to place another in immediate fear (same as Menacing 3) AND displays what is/appears to be a weapon
2) Person intends to instill fear (same as Menacing 3) by:
Repeatedly following or
Repeatedly commits act against person
3) Intends to instill fear (same as Menacing 3) and:
Conduct is in direct violation of an existing order of protection which perpetrator is aware exists
______
1) Intend PI, Cause PI
2) Recklessly cause PI with out a Deadly Weapon/Dangerous Instrum.
3) Recklessly cause SPI with out a Deadly Weapon/Dangerous Instrum.
4) Recklessly cause PI with a Deadly Weapon/Dangerous Instrum.
5) With criminal negligence cause Physical Injury with a Deadly Weapon/Dangerous Instrument
6) With criminal negligence causes Serious Physical Injury with a Deadly Weapon/Dangerous Instrum.
______
1) Intend to cause SPI, cause SPI
2)Intend to cause PI, causes PI with a DW/DI
3) Intend to prevent Police/Peace Officer or EMT from lawful duty causes Physical Injury
4) Recklessly causes SPI with a Deadly Weapon/Dangerous Instrum.
5) Intending unconsciousness
administers drug w/o consent.
6) During felony, or attempt/escape, causes PI to a non participant
7) Inmate in correctional facility intentionally causes Physical Inj.
8) Person 18+ intends PI to a person less than 11, but recklessly causes SPI
9) Person 18+ intends PI to person less than 7, and causes PI
10) On school grounds, intends PI & causes PI to employee or student
11) intent and causes PI to transit employee while performing duty / No “attempt”
These actions constitute Stalking
______
If crim neg. act causes PI w/ no DI/DW it is civil matter
______
6) Sex felony requires corroboration for conviction
7) must be in correctional facility for pursuant charge
10) Not for student vs. student / 1) Kevin pulls a gun from his waistband and states that he is going to “blow Steve’s head off.”
2) Bill has been following his ex-girlfriend Karen for over a month. Tonight Bill follows Karen down the block and threatens to gouge her eyes out.
3) John is being issued an Order of Protection from Steve by an Officer. John then gestures to Steve in a threatening manner by making a slashing motion to his throat with his finger.
______
1)John with the intent to cause physical injury, punches Joe, thereby causing a physical injury
4) Bill runs red light. He is aware of the risk involved. He hits pedestrian and causes a bruised leg (PI)
______
1) Joe pushes Fred down stairs to cause SPI, Fred breaks leg
2) John shoots Bill w/ intent to cause PI, and causes PI
3) Joe wants to see fire burn further, and pushes firemen, causes him PI
4) Frank drunk at game, throws full bottle of beer, striking fan causing concussion
5) Bill gives Sid knockout drops and while out, takes his wallet
6) Joe robs store, and on way out knocks over elderly woman causing her a sprained wrist (PI)
7) Bill in jail for Assault 3, intends to cause PI to Joe when he punches him, and does
8) Mr. Wilson (35) pushes Dennis (6) off of his skateboard intending to cause PI, Dennis breaks his wrist (SPI)
9) Fran (35) babysitting Jimmy (5) strikes and bruises (PI) him for mess
Juvenile Offender Offenses
Murder 2 and attempt
Assault 1 (sub 1&2)
Rape 1 (sub 1&2)
Kidnapping 1&Attempt
Firearm (CPW 1&2)
Arson 1&2
Burglary 1&2
Robbery 1&2
Aggrav. Sexual Abuse 1
Manslaughter
Sodomy 1 (sub 1&2)
Missing Person Special Category (requiring immediate search)
IL MIS U SWIM
Is 65 years old +
Less than 16 years old
Mentally/phys impaired
Involuntary disappearance
Senile/Retarded/disabled
Unique/Unusual
SWIM(possible drowning)
Mental Disease/Defect-lacks capacity to know/appreciate the nature/consequence of conduct
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Mens Rea = Mental State