SCCJA Unit 3 Specific Crimes Questions and Answers 2023

SCCJA Unit 3 Specific Crimes Questions and Answers 2023 Public Disorder Conduct Summary Court 1. The accused was on any highway or at a public place or public gathering grossly intoxicated or otherwise conducting himself in a disorderly or boisterous manner OR 2. The accused was using obscene or profane language in hearing distance of school, church or any public place OR 3. While under the influence or feigning to be, the 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. Driving Under the Influence Summary Court for First Offense General Sessions for Second and Subsequent Offenses It is unlawful for a person to DRIVE a motor vehicle WITHIN THIS STATE while under the: 1. influence of alcohol to the extent that the persons faculties to drive are materially and appreciably impaired OR 2. influence of any other drug or combination of other drugs or substances which cause impairment to the extent that the persons faculties to drive are materially and appreciably impaired OR 3. combined influence of alcohol and any other drug or drugs, or substances which cause impairment to the extent that the persons faculties to drive are materially and appreciably imparied Murder General Sessions Unlawful killing of another person with malice aforethought, either express or implied Voluntary Manslaughter General Sessions Unlawful killing of another person without malice (Committed in the heat of passion and upon adequate provocation) Involuntary Manslaughter General Session Unlawful killing of another person resulting from criminal negligence (reckless disregard for the safety of others) Reckless Vehicular Homicide General Sessions Unlawful killing of another person while operating a vehicle with reckless disregard of the safety of others Conviction requires revocation of DL for 5 yrs. Death of the victim must occur within 3 years. Felony DUI General Sessions 1. The actor drives a vehicle while under the influence of alcohol and/or other drugs 2. The actor does an act forbidden by law or neglects a duty imposed by law; and 3. The act or neglect proximately causes great bodily injury or death to another person Threatening Life, Person, Or Family of Public Official or Public Employee General Sessions 1. It is unlawful for a person knowingly and wilfully to deliver or convey to a public official or to a teacher or principal of an elementary or secondary school and letter or paper, writing, print, missive, document, or electronic communication or verbal or electronic communication which contains a threat to take the life of or to inflict bodily harm upon the public official, teacher, or principal, or members of his immediate family if the threat is directly related to the public officials, teachers, or principals professional responsibilities 2. It is unlawful for a person knowingly and wilfully to deliver or convey to a public employee a letter or paper, writing, print, missive, document, or electronic communication or verbal or electronic communication which contains a threat to take the life of or to inflict bodily harm upon the public employee or members of his immediate family if the threat is directly related to the public employees official responsibilities Attempted Murder General Sessions A person, with intent to kill, attempt to kill another person with malice aforethought, either expressed or implied Assault and Batter of a High and Aggravated Nature General Sessions A persons unlawfully injures another person, and 1. Great bodily injury to another person results OR 2. The act is accomplished by means likely to produce death or great bodily injury Assault and Batter 1st Degree General Sessions A person unlawfully 1. Injures another person, and the act A. Involves nonconsensual touching of the private parts of a person, either under or above clothing, with lewd and lascivious intent or B. Occurred during the commission of a robbery, burglary, kidnapping, or left OR A person offers or attempts to injure another person with the present ability to do so, and the act A. Is accomplished by means likely to produce death or great bodily injury or B. Occurred during the commission of a robbery, burglary, kidnapping or theft Assault and Battery 2nd Degree General Sessions A person unlawfully injures another person, or offers or attempts to injure another person with the present ability to do so, and 1. Moderate bodily injury to another person results or moderate bodily injury to another person could have resulted OR 2. The act involves the nonconsensual touching of the private parts of a person, either under or above clothing Assault and Battery 3rd Degree Summary Court A person unlawfully injures another person, or offers or attempts to inure another person with the present ability to do so Resisting Arrest General Sessions A person knowingly and willfully resists any lawful arrest Assault on Officer While Resisting Arrest General Session A person knowingly and willfully assaults, beats or wounds a law enforcement officer when resisting any lawful arrest Resisting Arrest with a Deadly Weapon General Session Any person who uses or threatens use of a deadly weapon against the office when such person is in possession or claims to be in possession of a deadly weapon while resisting lawful efforts of a law enforcement officer to arrest him or any other person Illegal Transportation of Alcoholic Liquors Summary Court One may not transport alcoholic liquors (distilled spirits) in a motor vehicle if the cap or seal is opened or broken in any motor vehicle except in a trunk, luggage compartment or cargo area that is separate and distinct from the drivers and passengers compartments Open Containers of Beer of Wine in a Vehicle Summary Court 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 compartments Purchase of Possession of Beer or Wine by Person Under Twenty One Summary Court A person under the age of 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 beverages Purchase of Possession of Liquor by Minor Summary Court A person under the age of 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 Kidnapping General Sessions Requires proof that the defendant unlawfully seize, confine, inveigle, decoy, kidnap, abduct, or carry away any other person by any means whatsoever without authority of law except when a minor is seized or taken by his parents Criminal Sexual Conduct 1st Degree General Sessions 1. Sexual batter 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 2. Causes the victim, without consent, to become mentally incapacitated or physically helpless by administering, distributing, dispensing, delivering or causing to be administered, distributed, dispensed, or delivered a controlled substance, a controlled substance analogue, or an intoxicating substance Criminal Sexual Conduct 2nd Degree General Sessions Sexual battery with the victim and uses aggravated coercion Criminal Sexual Conduct 3rd Degree General Sessions 1.Sexual battery with the victim and uses force or coercion in the absence of aggravating circumstances OR 2. Sexual battery with the victim and the actor knows, or has reason to know, that the victim is mentally defective, or mentally incapacitated or physically helpless and aggravated force or aggravated coercion was not used Criminal Sexual Conduct with a Minor 1st Degree General Sessions 1. Sexual battery with a victim less than 11 years old or the victim was less than 16 years old and the actor was convicted or adjudicated delinquent for offense that requires them to register on the sexual offenders registry Criminal Sexual Conduct with a Minor 2nd Degree General Session 1. Sexual battery with a victim 14 years old or less but at least 11 years old OR 2. Sexual battery with a victim aged 14 or 15, and the actor is in a position of familial, custodial, or official authority to coerce the victim to submit or is older than the victim. However, a person may not be convicted of a violation of this section if he is 18 years of age or less when he engages in illicit but consensual sexual conduct with another person who is at least 14 yrs of age Criminal Sexual Conduct with a Minor 3rd Degree General Sessions The actor is over 14 yrs of age and willfully and lewdly commits or attempts to commit lewd or lascivious act upon or with the body, or its parts of a child under 16 years of age with the intent of arousing, appealing to , or gratifying the lust, passions or sexual desires of the actor or the child. However, a person may not be convicted of a violation of this section if he is 18 years of age or less when he engages in illicit but consensual sexual conduct with another person who is at least 14 yrs of age