Nypd 2nd trimester review.
Study online at https://quizlet.com/_3byurz
1. Defense Types. Justification, Infancy, 99%/Mental Disease&Defect,
Entrapment 51%
2. Infancy Defendant is not criminally liable due to their age:
- less than 7: no criminal responsibility.
- 7-15: Juvenile Delinquency (13,14,15 certain
felonies are juvenile offenders)
- 16 or older: charged as adults.
3. Entrapment Occurs when a defendant is actively induced, encouraged, or lured by a public servant to commit an
illegal act.
4. Elements of an offense
Written law - defining the offense
Act - constituting the external physical part of a
crime committed by the offender.
Mental element - the offender's state of mind toward
the act.
Result - injury or potential for injury produced by the
act
Causal Relationship - between the unlawful act, the
result, and the underlying mental element.
5. Attempt to commit a
crime.
A change of attempt to commit a crime will reduce
the charge by one class.
ex: Class A felony to Class B Felony.
6. Attempt Engages in conduct which tends to effect the commission of such crime.
7. Forcible Touching (M) intentionally and for no legitimate purpose,
squeezes, grabs or pinches the sexual or other intimate parts of another person.
8. Facilitating a sex offense with a controlled substance (F)
Knowingly give victim substance without consent.
Intent to commit felony sex offense.
9. Lack of consent. Mentally disabled
Mentally incapacitated
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Nypd 2nd trimester review.
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Physically helpless
Forcible compulsion
underage
office of children and family services
health/mental health care provider
correctional facility
vulnerable person
10. Sexual abuse (M) a person subjects another person to sexual contact:
victim is over 10 but less than 17 yrs old
victim is incapable of consent for reasons other than
age (mentally disabled or incapacitated)
without consent
11. Sexual abuse (F) a person subjects another person to sexual contact:
by forcible compulsion
victim physically helpless
victim is less than 11 yrs old
victim is less than 13 yrs old and the actor is 21 or
older.
12. Aggravated Sexual
Abuse (F)
when a person insert:
a foreign object (whether or not causing physical
injury) or
a finger (causing PI or SPI) into another person's
"PURV"
Penis
Urethra
Rectum
Vagina without consent.
13. Accessorial conduct acting with the mental culpability for the commission
of an offense.
Directs or aids another person to engage in an offense.
"acting in concert"
Individuals acting with the same mental state are
both guilty of an offense.
14. Statute of limitations
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Nypd 2nd trimester review.
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class a and certain b felonies = no time limit
certain class b and c,d,e felony = 5 years
misdemeanor = 2 yrs
petty offense = 1 yr
15. Purpose of the penal
law
forbid conduct that causes or threatens to cause
harm.
16. Intent
and
Motive
the determination to an act
the desire to make you want to do a criminal act.
17. 4 culpable mental
states.
reckless - aware of and disregards risk
intentional - objective is to cause a result
criminal negligence - fails to see risk
knowingly - aware of conduct causing risk.
18. reckless aware of and disregards risk
19. intentional objective is to cause a result
20. criminal negligence fails to see risk
21. knowingly aware of conduct causing risk
22. harassment (V) HIT + no injury or follow or annoy/alarm
23. harassment (M) repeatedly harass or cause fear of PI
24. aggravated harassment (M)
use communication device to cause fear of PI/property damage
Family + physical contact/PI
Harassing via telephone with no other purpose of
legitimate communication
25. aggravated harassment (F)
noose, swastika, burn cross in public cause $50 in
damage,
Discrimination.
26. Public Lewdness (M) Naked + intent of being observed
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