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NYPD 2nd trimester review 2024 | Graded and Rated A+
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NYPD 2nd trimester review 2024 | Graded and Rated A+
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NYPD 2nd trimester review 2024 | Graded and Rated A +Defense Types. - ANSWER Justification, Infancy, 99%/Mental Disease&Defect, Entrapment 51%
Infancy - ANSWER 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 - ANSWER Occurs when a defendant is actively induced, encouraged,
or lured by a public servant to commit an illegal act.
Elements of an offense - ANSWER 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. - ANSWER A change of attempt to commit a crime will reduce the charge by one class.
ex: Class A felony to Class B Felony.
Attempt - ANSWER Engages in conduct which tends to effect the commission of such crime.
Forcible Touching (M) - ANSWER 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) - ANSWER Knowingly give victim substance without consent. Intent to commit felony sex offense.
Lack of consent. - ANSWER 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) - ANSWER 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) - ANSWER 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) - ANSWER 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 - ANSWER 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 - ANSWER 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 - ANSWER forbid conduct that causes or threatens to cause harm.
Intent and Motive - ANSWER the determination to an act
the desire to make you want to do a criminal act.
4 culpable mental states . - ANSWER 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 - ANSWER aware of and disregards risk
intentional - ANSWER objective is to cause a result
criminal negligence - ANSWER fails to see risk knowingly - ANSWER aware of conduct causing risk
harassment (V) - ANSWER HIT + no injury or follow or annoy/alarm
harassment (M) - ANSWER repeatedly harass or cause fear of PI
aggravated harassment (M) - ANSWER 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) - ANSWER noose, swastika, burn cross in public cause $50 in damage,
Discrimination.
Public Lewdness (M) - ANSWER Naked + intent of being observed.
Public lewdness 1st Degree (M) - ANSWER naked + 19 or more + juvenile (15 or less)
Reckless Endangerment (M) - ANSWER reckless + risk of PI or SPI
no injury is incurred.
Reckless endangerment (F) - ANSWER Depraved indifference + risk of SPI/Death
no injury is incurred.
Menacing 2nd Degree (M) - ANSWER Threat with weapons intended to cause imminent fear of PI/SPI or death.
Menacing 3rd Degree - ANSWER Threat intended to cause imminent fear of PI/SPI or death
Stalking 4th Degree (M) - ANSWER 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) - ANSWER Cause fear of PI, SPI or death; the commission of a sex offense, kidnapping, unlawful imprisonment.
Assault 3 (M) - ANSWER 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 C SPI YES
Assault 2 (F) - ANSWER intends and causes SPI
intends and causes PI with weapon recklessly causes SPI with weapon
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