NYPD 2nd Trimester Review Graded A

Defense Types. - Justification, Infancy, 99%/Mental Disease&Defect, Entrapment 51% 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. Entrapment - Occurs when a defendant is actively induced, encouraged, or lured by a public servant to commit an illegal act. 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. 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. Attempt - Engages in conduct which tends to effect the commission of such crime. Forcible Touching (M) - intentionally and for no legitimate purpose, squeezes, grabs or pinches the sexual or other intimate parts of another person. Facilitating a sex offense with a controlled substance (F) - Knowingly give victim substance without consent. Intent to commit felony sex offense. Lack of consent. - Mentally disabled Mentally incapacitated Physically helpless Forcible compulsion underage office of children and family services health/mental health care provider correctional facility vulnerable person 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 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. 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. 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. Statute of limitations - 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 Purpose of the penal law - forbid conduct that causes or threatens to cause harm. Intent and Motive - the determination to an act the desire to make you want to do a criminal act. 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. 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 harassment (V) - HIT + no injury or follow or annoy/alarm harassment (M) - repeatedly harass or cause fear of PI 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 aggravated harassment (F) - noose, swastika, burn cross in public cause $50 in damage, Discrimination. Public Lewdness (M) - Naked + intent of being observed. Public lewdness 1st Degree (M) - naked + 19 or more + juvenile (15 or less) Reckless Endangerment (M) - reckless + risk of PI or SPI no injury is incurred. Reckless endangerment (F) - Depraved indifference + risk of SPI/Death no injury is incurred. Menacing 2nd Degree (M) - Threat with weapons intended to cause imminent fear of PI/SPI or death. Menacing 3rd Degree - Threat intended to cause imminent fear of PI/SPI or death Stalking 4th Degree (M) - Cause reasonable fear of material harm to person/family or a third party. Cause material harm by following/telephoning or initiating communication reasonably fear that their employment, business, or career is threatened. Stalking 3rd Degree (M) - Cause fear of PI, SPI or death; the commission of a sex offense, kidnapping, unlawful imprisonment. Assault 3 (M) - I PI NO Intends and causes PI R PI NO Recklessly causes PI/SPI w/o weapon R SPI NO Recklessly causes PI with weapon R PI YES Crim Negli causes PI/SPI with weapon C PI YES Crim Negli no weapon = civil