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83 Cards in this Set
- Front
- Back
Classifications of murder?
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1. Murder of the First Degree
2. Murder of the Second Degree 3. Murder of the Third Degree 4. Voluntary Manslaughter 5. Involuntary Manslaughter 6. Homicide by Vehicle 7. Homicide by Drug Delivery 8. Crimes Against Unborn Child |
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PA Murder of the 1st Degree
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Intentional killing.
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PA Murder of the 2nd Degree
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Felony Murder
(engaged as a principal or an accomplice in the perpetration of a felony) |
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PA Murder of the 3rd Degree
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All other murder.
malice, express or implied, but without specific intent to kill (includes Homicide by Drug Delivery) |
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Voluntary Manslaughter
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killing of another without lawful justification under a SUDDEN AN INTENSE PASSION RESULTING FROM SERIOUS PROVOCATION by:
1. the individual killed 2. another whom the actor endeavors to kill, but instead negligently or accidentally causes the death of the individual killed Also self defense killing in an unreasonable mistake. Felony of first degree. |
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PA Self Defense killing - unreasonable mistake?
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Voluntary Manslaughter
Felony of first degree. |
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Involuntary Manslaughter
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Causing the death of another as a result of reckless or grossly negligent act, regardless of whether the act was lawful or unlawful (i.e. includes misdemeanor manslaughter).
Misdemeanor of the first degree. If victim was 12 or younger and killer was custodian than felony of second degree. |
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PA Homicide by Vehicle
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Recklessly or with gross negligence cause the death of another while violating any state or municipal law regarding the use or operation of a vehicle or the regulation of traffic (except DUI) and the violation is the cause of death.
In determining whether acted recklessly, conduct immediately prior to the accident may be considered. Felony of third degree |
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PA Homicide by Drug Delivery
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A person who administers, dispenses, prescribes, sells, or distributes any controlled substance or counterfeit controlled substance in violation of the Controlled Substance, Drug, Device, and Cosmetic Act is guilty of third degree murder if another person dies as a result of using the substance.
Third degree murder; felony of first degree. |
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Crimes against unborn child?
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The crime of committing homicide of an unborn child (intentionally, knowingly, recklessly, or negligently).
Does not apply to abortion, doctors engaged in good faith medical practice, or pregnant women in regard to their own unborn children. |
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Doctrine of merger in PA?
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Except for lessor included offenses, the doctrine is abolished.
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Can you be charged with both attempt and the crime?
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Yes, but only convicted of one.
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PA mental states for crimes?
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1. Intentionally
2. Knowingly (aware that it is practically certain result will occur) 3. Recklessly (consciously disregards a substantial and unjustifiable risk) 4. Negligently (should have been aware of a substantial and unjustifiable risk) |
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PA Vicarious Liability?
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a person is guilty of an offense if conducted by another person for which he is legally accountable.
Liable for another's conduct when: 1. acting w/ mental state required for the offense, cause another person to engage in the conduct 2. statutory liability for the person's conduct 3. vicariously liable for accomplice's offenses |
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PA Enterprise Liability?
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No liability for a corporation or association if the appropriate supervisor / manger exercised due diligence in preventing the offense.
(doesn't apply if would be inconsistent with the purpose of the offense) |
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Who is an accomplice under PA Law?
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w/ the intent of promoting or facilitating the commission of the offense he:
1. solicits such other person to commit it 2. or aids or agree or attempts to aid such other person in planning or committing it or 3. his conduct is expressly declared by law to establish complicity (an accessory before the fact) |
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Accessory after the fact?
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does not have vicarious accomplice liability - is guilty of the separate crime of accessory after the fact.
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Can you prosecute an accomplice if principal is not prosecuted?
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yes.
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Accomplice liability?
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accomplice liability if he acts w/ the kind of culpability required for the commission of the offense
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What if accomplice was legally incapable of committing the underlying crime?
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no defense if legally incapable of committing the offense in an individual capacity because the offense can only be committed by a particular class of person and the accomplice does not belong to that class
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Withdrawal and accomplice liability in PA
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He terminates his complicity prior to the commission of the offense and
1. wholly deprives it of effectiveness in the commission of the offense or 2. gives timely warning to police or makes proper effort to prevent the offense |
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In PA, merger for conspiracy and the completed crime?
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No Merger.
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Elements of Conspiracy in PA?
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Defendant has:
1.Intent of promoting a crime, attempt, or solicitation AND 2. EITHER a) An agreement with another person that one or both will commit a crime, attempt, or solicitation. OR b). An agreement to aid another in the planning or commission of a crime, attempt or solicitation. 3. AND An a conspirator has committed an overt act in furtherance of the conspiracy. (INTENT + AGREEMENT + OVERT ACT) |
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Withdrawal / Renunciation from conspiracy in PA?
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It is a defense to conspiracy if:
1. conspirator thwarted the success of the conspiracy and 2. complete and voluntary renunciation of criminal intent |
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PA insanity test?
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M'Naghten Rule:
Defendant must show insanity by a preponderance of the evidence. D either did not know his act was wrong or did not understand the nature of his act |
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Pa and the irresistable impulse test?
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Not recognized as a defense to criminal charge, but
psychiatric evidence may be admitted to est. acted in heat of passion when he committed the homicide, reducing to voluntary manslaughter. |
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PA and the diminished capacity test?
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Recognized but EXTREMELY limited.
Diminished capacity only negates specific intent for first degree murder. D lacked the substantial capacity to either appreciate the criminality of his conduct or conform his conduct to the law |
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Voluntary Intoxication?
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Not a defense to crimes, but can reduce first degree murder to third degree murder.
Whether D was so intoxicated he lost his rationality or sensibilities so as to negate the specific intent to kill. |
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PA Rule for use of deadly force in self defense?
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Retreat required EXCEPT no duty to retreat from one's own house or place of work (unless they instigated in their own house or own place of work).
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PA Rule for use of force in defense of others?
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The use of force is justifiable to protect a third person when:
1. the actor would be justified in using such force to protect herself against the injury she believes to be threatened to the person she seeks to protect 2. under the circumstances as the actor believes them to be, the person she seeks to protect would be justified in using such protective force and 3. actor believes that her intervention is necessary for the protection of the other person |
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When may police use deadly force when making an arrest?
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While making an arrest, a police officer may use deadly force if
1. it is necessary to prevent the perpetrator's escape and 2. the perpetrator committed a forcible felony 3. and a) possesses a deadly weapon or b) has indicated that he will endanger human life or c) inflict serious bodily injury unless he is arrested without delay. |
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PA Crime of Resisting Arrest?
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To be convicted of resisting arrest:
1. underlying arrest must be lawful 2. the arresting officer must have acted with authority and probable cause |
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When may you use force to resist arrest in PA?
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Person may only use force to resist arrest by someone he knows to be a police officer when the police officer unlawfully uses or threatens to use deadly force.
A person may use force to resist and illegal arrest by a person not known to be a police officer. |
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Entrapment?
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Entitled to acquittal if the police activity involves
1. making knowingly false representations designed to induce the belief that such conduct is not prohibited or 2. employing methods of persuasion or indcuement that create a substantial risk that such an offense will be committed by persons other than those who are ready to commit it. objective focus on conduct of police officers; does not not look subjectively at defendant's predisposition to commit the crime |
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Battery in PA?
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No battery in pa. Battery is called assualt.
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Simple Assault in PA?
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1. attempting to cause or intentionally, knowingly, or recklessly causing bodily injury to another;
2. negligently causing bodily injury to another with a deadly weapon 2. attempting by physial menace to put another in fear of imminent serious bodily injury or 4. concealing or attempting to conceal a hypodermic needle on the defendant's person and intentionally or knowingly penetrating a law enforcement officer with the needle during the course of an arrest or any search of the person |
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Aggrevated Assault in PA?
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1. attempts to cause serious bodily injury to another or causes such injury intentionally, knowingly, or recklessly under circumstances manifesting extreme indifference to the value of human life.
2. aggravated assualt also includes intentionally or knowingly causing or attempting to cause bodily injury with a deadly weapon. 3. simple assault of a public official. |
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Recklessly Endangering Another Person?
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recklessly engaging in conduct that places or may place another person in danger of death or serious bodily injury is a misdemeanor of the second degree.
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Terroristic Threats
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Person communicates directly or indirectly to:
1. commit crime of violence with intent to terrorize another 2. cause evacuation of a building, place of assembly, or facility of public transportation or 3. otherwise cause serious public inconvenience or terror with reckless disregard of the risk of causing such terror or inconvenience |
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Weapons of Mass Destruction?
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a bomb, or a chemical, biological, or nuclear agent
Crimes: 1. Threat to Use Weapon of Mass Destruction 2. Possession, Manufacture, or Use of Weapon of Mass Destruction |
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Crime of Causing Catastrophe
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intentionally, knowingly, or recklessly causes a catastrophe by
explosion fire flood avalanche collapse of a building release of poisonous gas radioactive material or other harmful or destructive substance any other means of causing potentially widespread injury or damage, including providing permits to transport hazardous materials in violation of the law. |
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Crime of Risking Catastrophe
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recklessly creating a risk of catastophe
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Harassment
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person, with intent to harass, annoy or alarm another
1. subject another to physical contact 2. follows another in a public place 3. engages in a course of conduct which serve no legitimate purpose 4. communicates to or about another in any threatening or obscene manner 5. communicates repeatedly to another specifically including in an anonymous manner or at extremely inconvenient hours |
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Stalking
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person engages in a course of conduct, repeatedly commits acts toward another, or repeatedly communicates with another under circumstances that demonstrate an inten to place another in reasonable fear of bodily injury or an intent to cause substantial distress to another
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Homicide - what is a deadly weapon?
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firearm (unloaded or loaded)
any device designed as a weapon and capable of producing death or serious bodily injury any other device or instrumentality which, in teh manner in which it is used or intended to be used, is calculated or likely to produce death or serious bodily injury |
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Murder - Serious bodily injury?
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Bodily injury that creates a substantial risk of death or causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
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Felony Murder - applicable crimes?
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1. Burglary
2. Robbery 3. Arson 4. Kidnapping 5. Rape 6. Deviate sexual intercourse by force or threat of force |
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False Imprisonment?
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Knowingly restraining another unlawfully so as to substantially interfere with his liberty.
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Kidnapping?
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unlawfully removing another a substantial distance, or unlawfully confining another for a substantial period in a place of isolation with the following intention
1. ransom, reward, hostage 2. facilitate commission of felony or flight 3. interfere with public officials in performance of gov. functions |
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Rape
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Includes intercourse with a complainant who is younger than 13.
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Statutory Sexual Assault (Statutory Rape)
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Intercourse with someone under 16 by a person four or more years older than the complainant and they are not married.
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Mistake of age defense to statutory sexual assualt?
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Defendant must show by preponderance of the evidence that he reasonably believed the person to be older than the critical age. Child must be older than 14 to apply.
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Incest
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marriage, sex, cohabitation (holding out as spouses)
ancestor, descendant, sibling (whole or half blood), uncle, nephew (whole blood) |
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Bigamy
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More than one marriage unless:
believed prior spouse to be dead lived apart two years + no sex annulment or divorce was invalid, but person didn't know it was invalid |
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Involuntary Deviate Sexual Intercourse
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Rape, where the act is oral, anal, or beastiality
Includes sex with person under 13, statutory rape, and person who lacks competence to give consent |
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Deviate sexual intercourse
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anal, oral, beastiality
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Indecent contact
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any touching of sexual or intimate parts for purpose of arousing or gratifying sexual desire in either person
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Sexual intercourse
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regular, oral, anal with some penetration (even if slight); emission not required
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Aggravated Indecent Assault
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penetration, however slight, of the genitals or anus of another with a part of the actor's body for any purpose other than good faith medical, hygienic or law enforcement procedures under any circumstances set forth for indecent assault.
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Indecent assault
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indecent contact if
1. w/out consent 2. forcible compulsion or threat of compulsion 3. unconscious 4. less than 13 5. less than 16 and person is 4 or more years older and are not married |
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Indecent exposure
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exposing genitals in public place or place where others are present
under circumstances where likely to cause affront or alarm for the purpose of arousing or gratifying sexual desire |
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Theft
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larceny - theft by unlawful taking or disposition
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Theft by Deception
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what PA calls false pretenses
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Theft by Unlawful Taking or Disposition
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What PA calls larceny by trick
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Robbery
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Theft via:
threatens another with or intentionally puts him in fear of immediate serious bodily injury of physically takes by force |
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Retail Theft
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Shoplifting
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Theft by Extortion
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obtaining or withholding the property of another by threatening to do harm in the future.
(commit another criminal offense, accuse someone of a criminal offense, expose secret, take action as an official, boycott, testify, any other harm that would not benefit the actor) |
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Theft by property lost, mislaid, or delivered by mistake.
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a person who comes into control of the property of another knowing that it has been lost, mislaid, or delivered by mistake is guilty of theft if he
1. has intent to deprive the owner of that property, and 2. fails to take reasonable measure to restore the property to the person entitled to have it |
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Receiving stolen property
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intentionally receives, retains, or disposes of the movable property of another knowing that it has been stolen or believing that it has probably been stolen
UNLESS receipt was with intent to restore it to its owner |
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Theft of Services
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Obtaining Services and using trick or threat to avoid paying for services.
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Theft by Failure to Make Required Disposition of Funds Received
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a person who obtains property by agreement or subject to a known legal obligation to make specified payment or other disposition is guilty of theft if he intentionally deals with the property obtained as his own and fails to make the required payment or disposition
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Computer Trespass
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knowingly and without authority use of a computer or computer network to:
hacking, stealing information, altering data, damaging via hacking ways |
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Distribution of a Computer Virus
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intentionally or knowingly
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Unlawful Use of a Computer
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hacking
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Burglary
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entering a building with intent to commit a crime therein unless the premises are open to the public and defendant is licensed or privileged to enter
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Arson Endangering Persons
Arson Endangering Property |
Persons - includes endangering firefighters, commits and act with the purpose of destroying or damaging an inhabited building or occupied structure of another
Property - endangering property or unoccupied structure of another (or himself for insurance) |
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Criminal Trespass
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A good throw in crime
Entering or remaining in a place knowing you are not privileged to do so. Defenses: 1. property was abandoned 2. premises were open to members of the public and actor complied with all lawful conditions imposed on access 3. reasonably believed the owner of the property would have permitted him to enter or remain |
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Perjury
Bribery Concealing the Death of a Child Endangering the Welfare of Children Dealing in Infant Children |
Other crimes
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Forgery
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In PA = Forgery and Uttering
Writing includes printing, any method of recording info, money, coins, tokens, stamps, seals, credit cards, badges, trademarks, and other symbols of value, right privilege, or identification |
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Bad Checks
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issue or pass a check for the payment of money with knowledge the check will not be honored by the drawee
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Access Device Fraud
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ATM or Credit Card Theft
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Identity Theft
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possesses or uses the identifying information of another without consent to further any unlawful purpose
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Institutional Vandalism
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Churches, Cemetaries, Schools, Municipal Building
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