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13 Cards in this Set
- Front
- Back
TPC Assault
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22.01
1. I/K/R causes BI to another 2. I/K threatens w/imm BI 3. I/K causes off/prov/ touch (which K or Should Reas Bel would off/prov) Felony only if (1) and special victim |
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CL Battery
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1. unlawful
2. application of force 3. to another 4. causing injury/offensive touch |
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TPC Agg Assault
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22.02
0. 22.01 PLUS 1. causes SBI OR 2. uses/shows DW 1 degree felony if 1. DW and causes SBI 2. Special victim |
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CL Assault
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Maj:
1. causing fear of imm battery 2. apprehension is reasonable Min: 1. failed attempt at battery 2. present ability to complete **words not enough |
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TPC Deadly Conduct
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22.05
1. R puts 3P in imm dgr of SBI (m) 2. K fires gun at (3 deg felony): a. people b. hab/bldg/veh & R re: whether it's occupied NO DEFENSE: believed gun unloaded |
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TPC Injury to a Child
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22.04 injury to child/elder
-remember case saying child part (at least in shooting) DN need MR 1. I/K/R/N 2. causing SBI 3. to child/elderly |
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CL Kidnapping
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1. forcible
2. asportation 3. of person 4. from one country to another |
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TPC Agg Kidnapping
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20.04 (first deg felony)
1. I/K abducts person 2. w/ intent to a. hold for ransom b. use as shield/hostage c. facil. comm/flight from felony d. cause BI or sex abuse e. terrorize vic or 3P f. interfere w/ govt fxn 2. OR uses/shows DW MITIGATE: rls vic in safe place |
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TPC Kidnapping
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20.03 3 degree felony
1. I/K abducts person a. restrain ...restrict mvmt w/o consent .......force, intim, deception .......young vic (spec rule) ...move vic ...confining vic b. w/ I to prevent liberation c. by: ...hold in plc unlikely found ...using/threatening DF |
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TPC Aff Def to Kidnapping
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20.03
1. No I to use/threaten DF 2. D is relative of vic 3. I to get lawful ctrl of vic |
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MPC Kidnapping
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212.1
1. Unlawful ...a. removes vic substantial distance from home/biz OR ...b. confines vic for subst time in isolation 2. w/ intent to ...a. hold vic for ransom/reward ...b. use vic as shield/hostage ...c. inflict BI or terrorize vic/3P ...d. interfere w/ gov't fcn |
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Modern Kidnapping
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(felony)
1. unlawful 2. abduction/secret confinement 3. of person 4. w/ intent to ...a. get ransom/benefit (maj) ...b. facilitate other felony (min) |
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Dixon Factors/Rule
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Is kidnapping incidental to crime?
risk of detection injury/threat to victim time distance Rule: any restraint in addition to that which is NECESSARY to consummate rape or robbery may support a separate conviction for KN |