Driving While Intoxicated - ANS he operates a vehicle while in an intoxicated condition.
Sexual Misconduct of a Child - ANS knowingly exposes his genitals to a child less than 15 that
he knows will cause affront or alarm to the child;
arousing or sexual gratification of any person including the child;
knowingly coerces/induces a child less than 15 to expose their genitals;
knowingly coerces/induces a child less than 15 to expose their breasts via internet or electronic
means.
Voluntary Act - ANS a bodily movement;
exceptions:
reflex and seizures
unconsciousness or sleep
under hypnosis
Acts Purposely - ANS his conscious object to engage in that conduct or to cause that result.
Acts Knowingly - ANS aware of his conduct or that those circumstances exist; OR
conduct is practically certain to cause that result.
Acts Recklessly - ANS consciously disregards a risk;
disregarding the risk constitutes a gross deviation from the standard of care of a reasonable
person.
Act with Criminal Negligence - ANS fails to be aware of risk;
failure constitutes a gross deviation from the standard of care of a reasonable person.
Trespass, 1st Degree - ANS knowingly enters unlawfully or knowingly remains unlawfully in a
building or inhabitable structure.
Trespass, 2nd Degree - ANS enters unlawfully onto the property of another.
strict liability
, infraction
Murder, 1st Degree - ANS knowingly causes the death of another after deliberation.
Evidence of Deliberation:
Planning
Bad-Blood
Complicated Design
Failure to act.
Deliberation - ANS Cool reflection for any length of time no matter how brief. (Planning,
Bad-Blood, Complicated Design and Failure to Act.)
Murder, 2nd Degree - ANS knowingly causes the death of another; OR
with the purpose of causing serious physical injury to another person he causes the death of
another person; OR
Felony Murder
Voluntary Manslaugher - ANS causes the death of another person under circumstances that
would constitute murder in the 2nd degree, EXCEPT he did so under the influence of sudden
passion from adequate cause.
Sudden Passion - ANS caused by and arising out of provocation which passion arises at the
time of the offense and is not solely the result of former provocation.
Adequate Cause - ANS reasonably produce a degree of passion in a person of ordinary
temperament.
Involuntary Manslaughter - ANS he recklessly causes the death of another.
Mistake of Age - ANS child less than 14 = no defense that defendant believed child was older.
child less than 17 = an affirmative defense that he believed child was 17 yrs or older.
consent is NOT a defense if the victim is less than 14
Statutory Rape, First Degree - ANS Sex with another person less than 14 yrs old.
Statutory Rape, Second Degree - ANS 21 yrs old and has sex with another person who is less
than 17 yrs old.
Rape, First Degree - ANS he has sex with another person who is:
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