IDAHO CRIMINAL CODE
Assessment
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Wilda Menzie
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68 questions
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1.
Open Ended
30 sec
1 pt
Crime
Evaluate responses using AI:
OFF
Answer explanation
An ACT committed, or omitted, in violation of a law forbidding or commanding it
2.
Open Ended
30 sec
1 pt
A. Felony
Evaluate responses using AI:
OFF
Answer explanation
(District Court) Crime punishable with death or by imprisonment in the state prison max of 5 years and/or $50,000 fine. Statute of limitation- 5 years unless otherwise specified. District court. If you look at a Felony and the punishment isn't stated, it is always 5 years, 50k fine.
3.
Open Ended
30 sec
1 pt
B. Misdemeanor
Evaluate responses using AI:
OFF
Answer explanation
(Magistrate Court) One year in jail and or a $1000 fine. Statute of limitation- Generally 1 yr.
4.
Open Ended
30 sec
1 pt
C. Infraction
Evaluate responses using AI:
OFF
Answer explanation
(Magistrate Court) Civil public offense punishable by a fine only. No incarceration ever, no jail possible. Guilt determined by a judge, not a jury.
5.
Open Ended
30 sec
1 pt
Identify and Explain the five basic elements of any crime
Evaluate responses using AI:
OFF
Answer explanation
a. Date:
b. Location:
c. Identity (defendant)
d. Act:
e. Intent:
6.
Open Ended
30 sec
1 pt
Principal
Evaluate responses using AI:
OFF
Answer explanation
Persons involved at or before the crimes commission.
7.
Open Ended
30 sec
1 pt
Accomplice) Aiders and Abettors = Principals (18-204):
Evaluate responses using AI:
OFF
Answer explanation
One who assists, facilitates, promotes, encourages, counsels, solicits, or invites the commission of a crime is guilty the same as a principal.
a. exactly as guilty as principal
b. 4 girls shoplifting, 1 on lookout is just as guilty as the other 4
8.
Open Ended
30 sec
1 pt
Accessories/Harboring a Felon (18-205):
Evaluate responses using AI:
OFF
Answer explanation
Persons who, with knowledge that a felony was committed, conceal it from a peace officer, or harbor or protect the person who committed the felony. Punishable by up to 5 years. Hiding someone with a felony warrant
9.
Open Ended
30 sec
1 pt
Identify the elements of conspiracy (18-1701):
Evaluate responses using AI:
OFF
Answer explanation
Two or more persons agree to commit any crime and one of the persons does an act to effectuate the crime's purpose.
Punishment for conspiracy is the same as it would be for the crime the person conspired to commit.
10.
Open Ended
30 sec
1 pt
Define criminal Solicitation (18-2001):
Evaluate responses using AI:
OFF
Answer explanation
With the purpose of promoting or facilitating the commission, the person solicits, importunes, commands, encourages or requests another person to engage in specific conduct which would constitute such crime or an attempt.
Intent: Did the person intend to promote or facilitate.
11.
Open Ended
30 sec
1 pt
Identify the elements of burglary (18-1401):
Evaluate responses using AI:
OFF
Answer explanation
Every person who enters any building or structure with intent to commit any theft or any felony, is guilty of burglary.
12.
Open Ended
30 sec
1 pt
Identify the elements of unlawful entry (18-7034):
Evaluate responses using AI:
OFF
Answer explanation
Any person, except under landlord-tenant relationship, who enters any dwelling house, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, closed vehicle, closed trailer, airplane, railroad car or outbuilding, without consent of the owner of such property or his agent or any person in lawful possession thereof, is guilty of a misdemeanor. The act is entry without consent, and the intent is that the perpetrator knows there is no consent.
13.
Open Ended
30 sec
1 pt
Identify the elements of theft (18-2403)
Evaluate responses using AI:
OFF
Answer explanation
A person steals property and commits theft when, with intent to deprive another of property or to appropriate the same to himself or to a third person, he wrongfully takes, obtains or withholds such property from an owner thereof.
14.
Open Ended
30 sec
1 pt
Grand theft (Felony):
Evaluate responses using AI:
OFF
Answer explanation
A person is guilty of grand theft when he commits a theft and is
o Over $1,000
Market value
Determined by jury
o Property from the person of another regardless of value (w/o force or fear)
Pickpocketed
o Firearms
o Obtained by extortion, or withheld from another
o Deliberately killed livestock worth $150+
o Theft of checks, credit cards
15.
Open Ended
30 sec
1 pt
Petit theft (Misdemeanor):
Evaluate responses using AI:
OFF
Answer explanation
Anything that is not grand theft.
16.
Open Ended
30 sec
1 pt
Identify the elements of willful concealment (18-4626):
Evaluate responses using AI:
OFF
Answer explanation
A person, without authority, willfully conceals the goods or merchandise of any store or merchant, while still on the store premises. Misdemeanor.
17.
Open Ended
30 sec
1 pt
• Driving without privileges (18-8001):
Evaluate responses using AI:
OFF
Answer explanation
Any person who drives or is in actual physical control of any motor upon the highways of this state with knowledge or who has received legal notice that his driver's license is revoked, disqualified or suspended in this state or any other jurisdiction is guilty of a (M).
18.
Open Ended
30 sec
1 pt
Driving Under the Influence (18-8004, 8004A, 8004C):
Evaluate responses using AI:
OFF
Answer explanation
Blood Alcohol .08 and above; .04-.08 if commercial vehicle; .02-.08 if driver under 21. Enhanced penalties if BAC is .20 or above. Felony if 1 or more convictions in 5 yrs for excessive DUI. Felony if convicted of 2 or more DUI's within 10 yrs.
19.
Open Ended
30 sec
1 pt
Aggravated DUI (18-8006):
Evaluate responses using AI:
OFF
Answer explanation
Cause another great bodily harm, disability, or disfigurement. Felony
20.
Open Ended
30 sec
1 pt
Identify the elements of robbery (18-6501):
Evaluate responses using AI:
OFF
Answer explanation
The felonious taking of personal property in the possession of another from his person or immediate presence, and against his will, accomplished by means of force or fear. FELONY
• 1) Take personal property, 2) from person, 3) by force or fear.
• Considered violent
21.
Open Ended
30 sec
1 pt
a. First degree arson(Structure/people) 18-802:
Evaluate responses using AI:
OFF
Answer explanation
Willfully and unlawfully by fire or explosion; damages any dwelling or structure, whether occupied or not, but in which persons are normally present or there is reason to believe persons are present.
22.
Open Ended
30 sec
1 pt
b. Second degree arson(Structure/no people) 18-803:
Evaluate responses using AI:
OFF
Answer explanation
Any person who willfully and unlawfully, by fire or explosion, damages any structure (Any building of any kind, coliseum, bridge or carport, any tent or other portable building, or any vehicle, vessel, watercraft or aircraft) not described above. Felony
23.
Open Ended
30 sec
1 pt
c. Third degree arson (Couch, clothes, forest, not structure) 18-804
Evaluate responses using AI:
OFF
Answer explanation
Any person who willfully and unlawfully, by fire or explosion, damages any real or personal property (not a structure) or forest land. Felony
a. Trash, anything burned outside "burn barrel season."
24.
Open Ended
30 sec
1 pt
d. Aggravated arson 18-805:
Evaluate responses using AI:
OFF
Answer explanation
If a perpetrator commits first, second, or third degree arson and it results in great bodily harm, permanent disfigurement, permanent disability, or death of a firefighter or any other person, regardless of whether the perpetrator intended to harm the victim, then the perpetrator will be subject to an extended sentence.
25.
Open Ended
30 sec
1 pt
20 Identify the elements of malicious injury to property (18-7001) (misdemeanor and felony):
Evaluate responses using AI:
OFF
Answer explanation
Maliciously injure or destroy and property not entirely his own without the permission of the owner, joint owner or community owner.
• This includes community marital property.
o Any property belongs to both
o Husband cannot destroy property they own together
• Malicious: Wish to impart vexation, annoyance, injury, or to do a wrongful act.
a. Misdemeanor: Less than $1,000
b. Felony: Exceeds $1,000 or taken together exceeds $1,000
26.
Open Ended
30 sec
1 pt
Identify the elements of malicious harassment (18-7902):
Evaluate responses using AI:
OFF
Answer explanation
• With the specific intent to intimidate or harass another person because of that person's race, color, religion, ancestry or national origin, to maliciously:
o Cause physical injury to another
o Damage or destroy or deface property of another.
o Threaten by word or act to do the same if reasonable cause exists to believe the threatened event will occur. (Felony)
27.
Open Ended
30 sec
1 pt
Identify the elements of stalking (19-7905 and 18-7906):
Evaluate responses using AI:
OFF
Answer explanation
Knowingly and maliciously either (a) engages in a course of conduct that seriously annoys or harasses the victim and is such as would cause a reasonable person substantial emotional distress; OR (b) Engages in a course of conduct such as would cause a reasonable person to be in fear of death or physical injury, or in fear of the death or physical injury of a family or household member.
28.
Open Ended
30 sec
1 pt
Degrees: 1st degree stalking (felony)
Evaluate responses using AI:
OFF
Answer explanation
(a) The action occur in violation of restraining order or civil protection order;
(b) The actions occur in violation of a probation or parole;
(c) The victim is under 16 years old;
(d) The defendant possesses a deadly weapon during the course of conduct; OR
(e) The defendant has been previously convicted of stalking or other crime listed
in 18-7905
Stalking without any of these circumstances is 2nd degree stalking (misdemeanor) default.
29.
Open Ended
30 sec
1 pt
Identify the elements of disturbing the peace (18-6409):
Evaluate responses using AI:
OFF
Answer explanation
Maliciously and willfully disturbs the peace or quiet of any neighborhood, family or person by loud or unusual noise, tumultuous or offensive conduct, threatening, quarreling, challenging to fight or fighting or by firing any gun or pistol. Peace Officers cannot have their peace disturbed. (We cannot be insulted by words.) If they are threatening with violence, we can charge for assault. Misdemeanor
30.
Open Ended
30 sec
1 pt
Identify and distinguish the elements of resisting or obstructing an officer
Evaluate responses using AI:
OFF
Answer explanation
Willfully resists, delays or obstructs a public officer in the discharge or attempt to discharge any duty or knowingly makes a false report to any peace officer. (Misdemeanor)
31.
Open Ended
30 sec
1 pt
26 Identify the elements of providing false information to an officer (18-705):
Evaluate responses using AI:
OFF
Answer explanation
A person is guilty of a (m) if he knowingly gives or causes to be given false information to any law enforcement officer, any state or local government agency or personnel, or to any person licensed in this state to practice social work, psychology or counseling, concerning the commission of an offense, knowing that the offense did not occur or knowing that he has no information relating to the offense or danger.
32.
Open Ended
30 sec
1 pt
Identify the elements of Trespass (18-7008):
Evaluate responses using AI:
OFF
Answer explanation
1. Cutting down, destroying, carrying away timber
2. Injuring or severing anything attached
3. Digging, taking, carrying away earth, soil, stone
4. Opening, tearing down, destroying fence on enclosed land
5. Leaving open gate, bar or fence of another
6. Using corral of another without permission
7. Covering up or encumbering land of another
8. Refusing to depart after notification or returning within a year without permission
9. Entering property properly marked "No Trespassing" Misdemeanor
33.
Open Ended
30 sec
1 pt
Trespass of Privacy (18-7006):
Evaluate responses using AI:
OFF
Answer explanation
Intentionally peeking, peering, or looking into the window, door or other opening into an inhabited building without a visible or lawful purpose. Misdemeanor.
34.
Open Ended
30 sec
1 pt
Recreational Trespass (36-1602, -1603):
Evaluate responses using AI:
OFF
Answer explanation
Hunting, fishing, trapping, or retrieving game on another person's land if the land is cultivated, properly posted with "no trespassing" sign, or enclosed. Misdemeanor.
35.
Open Ended
30 sec
1 pt
Identify the elements of Assault (18-901):
Evaluate responses using AI:
OFF
Answer explanation
Intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent. Unlawful attempt, coupled with the apparent ability, to commit a violent injury on the person of another. Misdemeanor
36.
Open Ended
30 sec
1 pt
Identify the elements of Aggravated Assault (18-905):
Evaluate responses using AI:
OFF
Answer explanation
Aggravated Assault is a felony defined as assault:
• With a deadly weapon or instrument without intent to kill
• By means of force likely to produce great bodily harm
• With any vitriol, corrosive acid, or caustic chemical of any kind.
37.
Open Ended
30 sec
1 pt
Identify the elements of Battery (18-903):
Evaluate responses using AI:
OFF
Answer explanation
Willful and unlawful use of force or violence upon another, or Actual, intentional and unlawful touching or striking, of another person against the will of the other, or unlawfully and intentionally causing bodily harm to an individual.
TOUCHING, knowing the person does not want to be touched. Misdemeanor
38.
Open Ended
30 sec
1 pt
Identify the elements of Aggravated Battery (18-907):
Evaluate responses using AI:
OFF
Answer explanation
Causes great bodily harm, permanent disability or permanent disfigurement
• Uses a deadly weapon or instrument, or
• Uses any vitriol, corrosive acid, or caustic chemical, or
• Uses any poison or other noxious or destructive substance, or
• Harms the fetus of a pregnant woman. (Felony)
39.
Open Ended
30 sec
1 pt
Identify the elements of domestic violence (18-918):
Evaluate responses using AI:
OFF
Answer explanation
Domestic violence is defined as an assault or battery against a household member
a. Spouse,
b. former spouse, or a
c. person who has a child in common regardless of whether they have been married, or a
d. person with whom a person is cohabitating. (living together with dating relationship), not siblings, father/daughter, roommates
40.
Open Ended
30 sec
1 pt
Attempted Strangulation (18-923):
Evaluate responses using AI:
OFF
Answer explanation
1. Any person who willfully and unlawfully chokes or attempts to strangle a
a. household member, or a
b. person with whom he or she has or had a dating relationship.
2. No cohabitating needed, just a boyfriend/girlfriend is enough under this code
3. No visible injuries, or intent to kill or injure are required to prove attempted strangulation. (Felony)
4. Cutting off airway or blood supply
41.
Open Ended
30 sec
1 pt
Identify the elements of rape (18-6101):
Evaluate responses using AI:
OFF
Answer explanation
(Felony) Penetration of oral, anal or vaginal opening with perpetrator's penis accomplished with a female
42.
Open Ended
30 sec
1 pt
Lewd and lascivious with a child under the age of sixteen (18-1508):
Evaluate responses using AI:
OFF
Answer explanation
(Felony) Commit any lewd or lascivious act upon or with the body or part of a minor child under 16 years old, including genital-genital, oral-genital, anal-genital, manual-anal, or manual-genital contact, or involve such minor child in bestiality/sadomasochism, with the intent of arousing, appealing to or gratifying the lusts, passions or desires of the person, child, or third party.
43.
Open Ended
30 sec
1 pt
Sexual abuse of a child under the age of sixteen (18-1506):
Evaluate responses using AI:
OFF
Answer explanation
(Felony) A person 18 yrs of age or older, with the intent of arousing, appealing to or gratifying the lusts, passions or sexual desires of the actor, minor child, or third party. (touching of inner thighs, touching breast, touching buttocks etc)
• Solicits a minor under 16 yrs of age to participate in a sex act (includes child's self contact)
• Causes or has sexual contact with the minor child, not amounting to lewd conduct
44.
Open Ended
30 sec
1 pt
Sexual battery of a child sixteen or seventeen (18-1508A):
Evaluate responses using AI:
OFF
Answer explanation
It is a felony for any person at least five yoa older than a minor child who is sixteen or seventeen yoa, who, with the intent of arousing, appealing to or gratifying the lust, passion, or sexual desires of such person, minor child or third party
• To commit any L&L act
• Solicit such a minor child to participate in a sexual act
• Causes or has sexual contact with the minor child, not amounting to lewd conduct
• Makes any photographic or electronic recording of the minor child.
45.
Open Ended
30 sec
1 pt
Sexual exploitation of a child (18-1507):
Evaluate responses using AI:
OFF
Answer explanation
• A person commits sexual exploitation of a child if he knowingly and willfully: Possesses or accesses through any means including, but not limited to, the internet, any sexually exploitative material.
• Causes, induces or permits a child to engage in, or be used for, any explicit sexual conduct for the purpose of producing or making sexually exploitative material
• Promotes, prepares, publishes, produces, makes, finances, offers, exhibits or advertises any sexually exploitative material.
• Distributes through any means including, but not limited to, mail, physical delivery or exchange, use of computer or any other electronic or digital method, any sexually exploitative material. Distribution of sexually exploitative material does not require a pecuniary transaction or exchange of interests in order to complete the offense.
• Child pron
46.
Open Ended
30 sec
1 pt
Enticement of a child (18-1509):
Evaluate responses using AI:
OFF
Answer explanation
A person is guilty of a misdemeanor if that person attempts to persuade, or persuades, whether by words or actions or both, a minor child under the age of 16yoa to do any of the following
o Leave the child's home or school
o Enter a vehicle or building
o Enter a structure or enclosed area or alley with the intent that the child be concealed from public view.
o While the person is acting without the authority from a legal/ guardian.
47.
Open Ended
30 sec
1 pt
Injury to Children (18-1501):Felony:
Evaluate responses using AI:
OFF
Answer explanation
Any person who places a child in conditions likely to produce great bodily harm or death, and:
i. Willfully causes or permits any child to suffer, or
ii. inflicts unjustifiable physical pain or mental suffering.
48.
Open Ended
30 sec
1 pt
Murder (18-4001):
Evaluate responses using AI:
OFF
Answer explanation
The unlawful killing of a human being with malice aforethought, or the intentional application of torture to a human being, which results in death
49.
Open Ended
30 sec
1 pt
Torture (18-4003):
Evaluate responses using AI:
OFF
Answer explanation
The intentional infliction of extreme and prolonged pain with the intent to cause suffering. If the victim dies due to torture, then it is still murder even though no intent to kill.
50.
Open Ended
30 sec
1 pt
Express Malice:
Evaluate responses using AI:
OFF
Answer explanation
Manifested deliberate intention unlawfully to take away the life of a fellow creature.
51.
Open Ended
30 sec
1 pt
Implied Malice:
Evaluate responses using AI:
OFF
Answer explanation
No considerable provocation appears, or when the circumstances show an abandoned and malignant heart
52.
Open Ended
30 sec
1 pt
Manslaughter (18-4006):
Evaluate responses using AI:
OFF
Answer explanation
Unlawful killing of a human being.
a. Voluntary: crime of passion F
b. Involuntary: commit other crime, that results in death F
i. Fire-code violation
ii. No intent for harm
c. Vehicular: death by Motor Vehicle
i. M if death occurs in commission of unlawful act, not amounting to a felony, without gross negligence
1. Speeding
ii. F if there is gross negligence, or if driver is legally under the influence
53.
Open Ended
30 sec
1 pt
First-degree murder (18-4003)
Evaluate responses using AI:
OFF
Answer explanation
i. By means of Poison
ii. Lying in wait (premeditated)
iii. Torture (suffering, extortion, vengeance, sadism)
iv. Willful, deliberate, premeditated murder
v. Murder of Peace Officer, executive officer, officer of court, fireman, judicial officer or prosecuting attorney, acting in lawful discharge of duty.
vi. Murder committed in the perpetration of arson, rape, burglary, robbery, terrorism, aggravated battery of a child under 12 and died, WMD, biological weapon, chemical weapon.
i. Everyone that committed robbery that lead to murder is guilty of murder
ii. Felony murder rule
54.
Open Ended
30 sec
1 pt
Voluntary Manslaughter
Evaluate responses using AI:
OFF
Answer explanation
when someone is killed in the midst of a sudden quarrel or heat of passion. Crime of passion (Felony)
55.
Open Ended
30 sec
1 pt
Involuntary manslaughter:
Evaluate responses using AI:
OFF
Answer explanation
Commit other crime, that results in death...In the commission of lawful act which might produce death, in an unlawful manner, or without due caution and circumspection; or the operation of any firearm or deadly weapon is a reckless, careless or negligent manner resulting in death. (Felony)
56.
Open Ended
30 sec
1 pt
Vehicular manslaughter
Evaluate responses using AI:
OFF
Answer explanation
Death by Motor Vehicle. Misdemeanor if death occurs in the commission of an unlawful act, not amounting to a felony, without gross negligence (for example, speeding.) Felony if there is gross negligence, or if driver is under the influence.
57.
Open Ended
30 sec
1 pt
Self-Defense (19-201, 19-202)
Evaluate responses using AI:
OFF
Answer explanation
Lawful resistance to the commission of a public offense may be made: By the party about to be injured or by other parties
Resistance by party to be injured or defend another
May only use the force necessary to prevent injury
Amount of force judged by the perpetrator's force
Resistance in defense of property
Same as above, but may never use deadly force
58.
Open Ended
30 sec
1 pt
Defenses to criminal prosecutions (18-201)
Evaluate responses using AI:
OFF
Answer explanation
Anything that disproves or raises reasonable doubt on any of the elements of a crime
59.
Open Ended
30 sec
1 pt
"Mistake of Fact" under 18-201
Evaluate responses using AI:
OFF
Answer explanation
Persons who committed the act or made the omission, under an ignorance or mistake of fact which disproves any criminal intent
60.
Open Ended
30 sec
1 pt
"Unconscious" under 18-201
Evaluate responses using AI:
OFF
Answer explanation
Persons who committed the act charged without being conscious thereof (because of seizure, or other medical conditions)
61.
Open Ended
30 sec
1 pt
"ACCIDENT OR MISFORTUNE" under 18-201
Evaluate responses using AI:
OFF
Answer explanation
Persons who committed the act or made the omission charged, through misfortune or by accident, when it appears that there was no evil design, intention or culpable negligence
62.
Open Ended
30 sec
1 pt
"Duress" under 18-201
Evaluate responses using AI:
OFF
Answer explanation
Persons who committed the act or made the omission charged, under threats or menaces sufficient to show that they had reasonable cause to and did believe their lives would be endangered if they refused
63.
Open Ended
30 sec
1 pt
"Ignorance of Law" under 18-201
Evaluate responses using AI:
OFF
Answer explanation
NOT A VALID DEFENSE
64.
Open Ended
30 sec
1 pt
"Entrapment" under 18-201
Evaluate responses using AI:
OFF
Answer explanation
An otherwise innocent person, not inclined to commit a criminal offense, is induced to do by a state agent
65.
Open Ended
30 sec
1 pt
"Intoxication 18-116" under 18-201
Evaluate responses using AI:
OFF
Answer explanation
Person who is in an intoxicated condition is criminally responsible for his/her conduct and an intoxicated condition is not a defense to an offense and may not be taken into consideration in determining the existence of a mental state which is an element of the offense
66.
Open Ended
30 sec
1 pt
"Insanity and mental illness" under 18-201
Evaluate responses using AI:
OFF
Answer explanation
Not a defense to a crime in Idaho. However mental illness may be relevant. The defendant can introduce evidence of their mental condition at trial to show their state of mind. A court may also determine that a defendant is incompetent to stand trial - this would only delay the criminal trial (perhaps indefinitely). *can be medicated to get to the point of competence
67.
Open Ended
30 sec
1 pt
"Self-Defense" (19-201, 19-202) under 18-201
Evaluate responses using AI:
OFF
Answer explanation
Lawful resistance to the commission of a public offense may be made: By the party about to be injured or by other parties
Resistance by party to be injured or defend another
May only use the force necessary to prevent injury
Amount of force judged by the perpetrator's force
Resistance in defense of property
Same as above, but may never use deadly force
68.
Open Ended
30 sec
1 pt
Define an "attempted" crime
Evaluate responses using AI:
OFF
Answer explanation
18-306: Person tries to commit an underlying crime, but fails/prevented
Requirements:
Intent to commit the underlying crime
Substantial step toward commission
Preparation alone is not enough
Punishment: Generally ½ the sentence for completed crime
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