Criminal Code Elements

Offender, with intent
To cause SBI and does cause it
By means of a deadly weapon

Threatening a peace officer with a deadly weapon

While in custody, threatens any employee of a detention facility with a deadly weapon

Recklessly engages in conduct
Which creates a substantial risk
of SBI to another

When someone engages in any conduct, whether act, omission or possession intending to assist another to commit an offense
AND
Their conduct constitutes a substantial step toward the commission of a crime

Knowingly seized and carried victim without consent or legal jurisdiction, and against the victim's will

Persuades, or attempts to persuade, a child under 15 years old to enter any place with intent to commit a sexual assault or unlawful sexual contact upon said child

Knowingly caused the death of another, without taking the time to think or reflect

-Killed another by conduct amounting to criminal negligence
-Failed to perceive the risk (through error, omission or mistake)

-With intent to promote or facilitate a crime he agrees with another person(s)
That they will engage in conduct which constitutes a crime or an attempt
AND he agrees to aid them
--An overt act in pursuance of that conspiracy must be proved

Offender operated a motor vehicleIn a reckless manner OR
dui/dwai AND
conduct was the proximate cause of death of another person

Failing to perceive, through gross deviation from reasonable care standard, a substantial and unjustifiable risk that death will result from one's own conduct

What is the criminal term for being "aware, yet consciously disregarding a substantial and unjustifiable risk that a result will occur"

-Offender, with intent
-To cause bodily injury (pain) and does cause it
-By means of a deadly weapon

Intent to cause and does cause bodily injury to a peace officer

Through reckless use of weapons causes serious bodily injury to another

For a purpose other than lawful medical or therapeutic treatment, intentionally causes stupor, unconsciousness or other physical or mental impairment to another person by administering to him, without consent, a drug or substance capable of producing the intended harm

Basically, drugging somebody

--In custody, knowingly and violently applies physical force against a peace officer
--Assault with bodily fluids against an employee of a detention facility

Knowingly or recklessly caused bodily injury (pain)OR
With criminal negligence cause bodily injury by means of a deadly weapon

Placing another in fear of serious bodily injury

Placing another in fear of serious bodily injury by means of a deadly weapon, or any item the victim is made to believe is a deadly weapon

Caused the death of another person with intent and after deliberation

Caused the death of another person and displayed extreme indifference to the value of human life

I looked it up, technically Pokorny is committing Harassment against me (Kaley).
18-9-111

Death caused by overdose from drugs sold to a minor (<18) on/near school grounds

Knowingly caused the death of a child <12 while in a position of trust

What are the offenses that qualify for the felony murder rule?

Actor knowingly communicates
Over a computer or computer network
To a person he knows or believes to be under 15
Describing explicit sexual conduct
AND
Makes a statement persuading or inviting the victim to meet for any purpose
The actor is more than 4 years older than he believes the victim to be

Recklessly caused the death of another
OR
Assists another in suicide

Operates a motor vehicle in a reckless manner
OR
DUI/DWAI
AND
actions result in SBI

Without legal authority and with intent to induce another person against their will
To act or refrain from performing a lawful act
Threatens to confine or restrain
Cause economic hardship, or bodily injury to, or damage property or reputation of

A person commands, induces, entreats or otherwise attempts to persuade another person
OR
Offers services or another's services to a 3rd person to commit a felony
OR
With intent, promotes or facilitates commission of that crime

Intent to force victim or another to make any concession or anything of value
Forcibly seizes and carries any person from one place to another
Entices or persuades any person to go from one place to another
Imprisons (w/ movement) or forcibly secretes any person

What makes 1st degree kidnapping a class 1 felony (instead of a class 2 felony)?

Knowingly
Confined or detained another
Without legal authority or consent

Knowingly
Confined or detained another
Without legal authority or consent
With use of force or threat of force in order to detain
AND
Confined or detained the victim for more than 12 hours

At what age can a person be charged with a criminal act?

Knowingly uses personal ID information, financial ID info or financial device of another without permission or lawful authority to obtain cash, credit, property, services or any other thing of value or to make a financial payment

Knowingly possesses the personal ID info, financial ID info, or financial device or another without permission of lawful authority with intent to use or to aid or permit some other person to use the information or device to obtain cash, credit, property, services or any other thing of value or to make a financial payment

With the intent to defraud, falsely makes, completes, alters, or utters a written instrument or financial device containing any personal ID or financial ID information of another

Knowingly possesses the personal ID or financial info of another w/o permission or lawful authority to use in applying or completing an application for a financial device or line of credit

Knowingly uses or possesses ID info of another without permission or lawful authority with the intent to obtain government-issued documents

Any person who takes away any child not his own under the age of 18 with intent to keep or conceal the child from his parent or guardian.

-Any actor who knowingly inflicts sexual penetration or intrusion
-The actor causes submission of the victim by means of sufficient consequence reasonably calculated to cause submission against the victim’s will

-Any actor who knowingly inflicts sexual penetration or intrusion; AND
-Victim is at least 15 but less than 17 years old and the actor is at least 10 years older
-What class of felony or misdemeanor sexual assault is this?

Sexual contact only
Through clothing
Touching the breasts, buttocks, genital areas of either sex
For sexual gratification (knowingly NOT accidental)

Observation of the intimate parts of another who has an expectation of privacy
--"Peeping Tom Rule"

Sexual contact only
Victim must be under 15 and the actor at least 4 years older

-Makes a credible threat to another person; AND
-repeatedly follows, approaches, contacts that person; OR
-Repeatedly follows, approaches, contacts another person; AND
-Causes that person to suffer "serious emotional distress"

As it relates to property crimes, what is the definition of a "building?"

As it relates to property crimes, what is the definition of an "occupied structure?"

-Knowingly sets fire or by use of explosives damages
-Any building, occupied structure belonging to another
-Without consent of another

-Knowingly sets fire or by use of explosives damages
-Any personal property of another (NOT a building or occupied structure)
-Without consent of the owner

-By means of fire or explosives
-Intentionally damages any property (including buildings/occupied structures)
-With the intent to defraud

-Knowingly or recklessly
-Starts or maintains a fire or causes an explosion
-On any property (his or another’s)
-Places another in danger of death or SBI
-Places a building or occupied structure of another in danger of damage

-Knowingly enters unlawfully or remains unlawfully after a lawful or unlawful entry into a building or occupied structure, With intent to commit a crime therein; AND
-While getting into a building or in immediate flight there from;
-He assaults or menaces anyone; OR
-If any participant is armed with a deadly weapon or explosive

-Knowingly breaks or enters unlawfully, or remains unlawfully after a lawful or unlawful entry in a building or occupied structure
-With intent to commit a crime therein

-Entering or breaking into (with intent to commit a crime); a
-Vault, safe, cash register, coin vending machine, product dispenser, money depository, safe deposit box, coin telephone, and coin box, or other apparatus or equipment

-Possesses any explosive, tool, instrument or other article adapted, designed or commonly used for committing or facilitating the commission of an offense involving forcible entry into premises or theft by a physical taking; AND
-Intends to use the thing possess, or knows that some person intends to use the thing possessed in commission of such an offense

Knowingly takes anything of value;
From person or presence of another;
By use of force, threats or intimidation

-Knowingly takes anything of value from the person or presence of another by use of force or threats of force;
-Armed with a deadly weapon (or simulates a weapon);
-Intent to kill, maim or wound if victim resists;
-Puts person in reasonable fear of death or bodily injury;

-Commits aggravated robbery as defined by 18-4-302; AND
-Break into a pharmacy (or any place having lawful possession of a controlled substance) and steal a controlled substance

-Knowingly obtains/exercises control over;
-Anything of value of another;
-Without authorization or by threat or deception;
-Intends to permanently deprive another of the thing’s use or benefit

Knowingly obtains or exercises control over a motor vehicle without authorization or by threat or deception; AND
Possession and control of vehicle for more than 24 hours

Knowingly obtains or exercises control over a motor vehicle without authorization or by threat or deception; AND
Disguising the vehicle; OR
Altered the VIN;

Knowingly obtains or exercises control over a motor vehicle without authorization or by threat or deception; AND
Used the vehicle in a crime (not traffic offenses);

Knowingly obtains or exercises control over a motor vehicle without authorization or by threat or deception; AND
Removed vehicle from state for more than 12 hours;

Knowingly obtains or exercises control over a motor vehicle without authorization or by threat or deception; AND
Caused $500 or more damage to the vehicle; OR
Caused bodily injury to another; OR
Used plates not issued to vehicle

-Offender knowingly;
-Obtained or exercised control over;
-Motor vehicle of another;
-Without authorization or by threat or deception

-Offender knowingly;
-Damaged real or personal property;
-Of one or more other persons;
-Including the property owned by the person jointly with another person (rental);
-Or property owned by the person in which another person has a possessory or proprietary interest;
-In the course of a single criminal episode;
-Penalty depends on the value of the damage committed

What is the class of felony or misdemeanor where the amount of damage (criminal mischief) to real or personal property is less than $500?

What is the class of felony or misdemeanor where the amount of damage (criminal mischief) to real or personal property is $500-1,000?

What is the class of felony or misdemeanor where the amount of damage (criminal mischief) to real or personal property is $1,000-20,000

What is the class of felony or misdemeanor where the amount of damage (criminal mischief) to real or personal property is greater than $20,000?

-Knowingly and unlawfully;
-Enters or remains in a dwelling; OR
-Enters a motor vehicle with intent to commit a crime there in (Class 5 felony)

-Unlawfully enters or remains in or upon the premises;
-Which are enclosed in such a manner designed to exclude intruders; OR
-Are fenced; OR
-Are known to be the common areas of a hotel, motel, condo or apartment building; OR
-Knowingly and unlawfully enters or remains in a motor vehicle of another
-If a felony is committed on fenced agricultural land, it is a class 4 felony

-Unlawfully enters or remains;
-In or upon the premises
-It is a class 5 felony if the person trespasses on premises so classified as agricultural land with the intent to commit a felony thereon

-With intent to cause interruption or impairment;
-Of a service rendered by a utility (gas/electric/etc);
-Or an institution providing health or safety protection

-Tampers with the property of another;
-With intent to cause injury, inconvenience or annoyance; OR
-Makes an unauthorized connection with another property’s utility service

-Offender, without consent of owner;
-Defaced/caused or aided in or permitted the defacing of;
-Public or private property;
-By painting, drawing, writing, marring the surface of the property or other method of defacement;
-By the use of paint, spray paint, ink, or other substance

What are the 4 instances of prima facie evidence of Abandonment of a Vehicle 18-4-512

-A person, with intent to defraud, falsely makes, completes, alters a written document;
-That, if completed, is intended to represent one of the following:
--issue of money, stamps or security
--stocks or bonds
--a deed, will or contract
--a public record
--lottery tickets
--document making instruments that may be used in the production of false identification

A person, with intent to defraud, falsely makes, completes, alters or utters a written instrument of a kind not described in 18-5-102 "Forgery"

-With intent to defraud a vendor, a person knowingly uses a slug (substitute for a coin, bill); OR
-Makes, possesses or disposes of a slug to enable a person to use them fraudulently

-A person knowingly assumes a false or fictitious identity and;
--Becomes a bail or surety; OR
--Performs any act which may subject the real person to legal or civil action; OR
--Does so to benefit him/her self or injure the real person

-Knowing he/she has insufficient funds;
-With the intent to defraud;
-issues a check for the payment of services, wages, salary, commissions, labor, rent, money, property, or other thing of value,

Opening a checking account using false identification for the purpose of issuing false checks

-Intentionally uses a credit card, bank card, etc for the purpose of obtaining cash and thereby defraud; AND
-The card has been expired/revoked/cancelled; OR
-The use of the card is not authorized by the issuer or account holder

-Offender is in possession, with intent to use, deliver, circulate or sell;
-A financial transaction device (credit/debit card);
-Which has not been embossed or encoded with any personal or institutional information

-Possession of any tools, photographic equipment, printing equipment, or any other  device;
-Commonly used in the manufacture or altering;
-Of any financial transaction device; AND
-Intends to use or knows that others will use said devices criminally

-Knowingly uses personal, financial or other information without permission or lawful authority to obtain cash/credit/any thing of value or to make a financial payment; OR
-Knowingly possesses personal info of another to aid or permit a third party to use such information to obtain cash/credit/any thing of value or make a financial payment; OR
-With intent to defraud, falsely makes or alters a personal/financial history of another to apply for a financial device or a government issued document

Any person who, while still married, marries or cohabits with another

-Person knowingly marries, inflicts sexual penetration, sexual intrusion, sexual contact;
-Upon an ancestor or descendant, including:
-- Natural child, child by adoption, or step child (at least 21 years of age); OR
-- Brother/sister of half or whole blood, an uncle, aunt, nephew or niece of the whole blood (at least 10 years of age)

-Person knowingly marries, inflicts sexual penetration, sexual intrusion, sexual contact;
-Upon an ancestor or descendant, including:
-- Natural child, child by adoption, or step child (under 21 years of age); OR
-- Brother/sister of half or whole blood, an uncle, aunt, nephew or niece of the whole blood (under 10 years of age)

-A person causes injury to a child's life/health; OR
-Permits a child to be placed in a position that poses a threat to the child's health; OR
-Engages in a continued pattern that results in the child suffering malnourishment or cruel punishments that ultimately results in death or SBI to the child

Under Child Abuse (18-6-401), what is the age requirement for a "child?"

-Knowingly provides shelter to a minor (under 16);
-Without consent of a parent/guardian;
-And if the person intentionally:
--Fails to release the child to law enforcement;
--Fails to disclose the location of the child to law enforcement;
--Obstructs law enforcement;
--Fails to report within 24 hours that a minor is being sheltered

Induces, aids or encourages a child to violate any law

In Contributing to the Delinquency of a Minor (18-6-701), what age defines a "child?"

What is the definition of "domestic violence" in 18-6-800.3?

What is the definition of "intimate relationship" in 18-6-800.3 (Domestic Violence)?

What is the definition of an "at risk adult" in 18-6.5-102(2) (Wrongs to At Risk People)

What is the definition of an "at risk juvenile" in 18-6.5-102(4)  (Wrongs to At Risk People)

What is the definition of a "Person with a disability" in 18-6.5-102(11)  (Wrongs to At Risk People)

-Offender knowingly;
-Performed or agreed to perform;
-Any act of sexual intercourse, fellatio, cunnilingus, masturbation or anal intercourse;
-With a person not the offender's spouse
-For money or anything of value

What age qualifies a person as a "child" under 18-7-401, "Child Prostitution?"

Offender knowingly;
-Solicited another; OR
-Arranged a meeting of persons; OR
-Offered to arrange a meeting of persons; OR
-Directed another to a place ensuring such direction
--AND
Was for the purposes of prostitution

Offender knowingly;
-For anything of value;
-Arranged or offered to arrange a situation;
-In which a person may practice prostitution

-Offender engages in an act of sexual intercourse or deviate sexual conduct (Kerr)
-With a prostitute;
-Who was not the offender's spouse

-Offender knowingly;
-Lived on or was supported in whole or in part by money or anything of value;
-Through prostitution

-Offender knowingly;
-Exposed his/her genitals (not including breasts, buttocks or pubic hair);
-To the view of any person;
-Under circumstances in which such conduct is likely to cause affront or alarm to the other person

-Offender is an employee of a correctional facility or jail; AND
-Engaged in sexual contact/penetration/intrusion;
-With a person who is in lawful custody at the time of the act

-Offender knowingly observes or takes photographs of another's intimate parts;
-Without that person's consent;
-In a situation where the person photographed has a reasonable expectation of privacy

-Offender intentionally obstructs, impairs or hinders;
-A public servant;
-In the performance of government functions;
-By using or threatening;
--Violence, force or physical interference/obstacle

-Offender knowingly prevents or attempts to prevent;
-A peace officer acting under color of his authority;
-From effecting the arrest of the actor or another by:
--Using or threatening to use physical force; OR
--Using any means which creates a risk of bodily injury to the peace officer or another

If Daniel Wittler threatens to kick a peace officer's ass to prevent a third party from being lawfully arrested, Wittler is guilty of what crime?

-Offender knowingly impairs, obstructs or hinders;
-A peace officer acting under color of his authority;
-By threatening to use violence, physical force, physical interference or an obstacle

-Offender, with intent;
-Renders assistance to another that has committed a crime;
-So as to hinder, delay or prevent;
-The discovery, detection, apprehension, prosecution, conviction or punishment of the criminal

-A person, 18 years or older;
-When commanded by a peace officer;
-Unreasonably fails or refuses to aid the peace officer;
-In effecting or securing an arrest

-Knowingly causes by any means a false alarm of fire or other emergency exit alarm to be transmitted to a 1st responding agency; OR
-Makes a report or knowingly causes the transmission of a report to law enforcement authorities of a crime he knows did not occur; OR
-Makes a report or knowingly causes the transmission of a report to law enforcement authorities pretending to furnish information related to an offense when he knows that he possesses no such information or he knows that the information is false

A person knowingly provides false identifying information to law enforcement authorities

-A person knowingly;
-Aids, abets, or assists another person;
-To escape or attempt to escape;
-From custody or confinement

-While escaping or attempting to escape from lawful confinement;
-Commits an assault;
-With intent to commit bodily injury with a deadly weapon; OR
-By any means of force likely to produce serious bodily injury

-A person who, with intent to alter or affect a public servant's decision, action or opinion;
-Attempts to influence any public servant;
-By means of deceit, threat of violence or economic reprisal

By statute (18-8-802), how long do you have to report excessive force?

For Rioting in a Detention Facility (18-8-211), how many participants are required?

-The actor, with two or more persons;
-While confined in a detention facility;
-Actively participates in violent conduct;
-That creates a grave danger of or does cause damage to property or injury to persons; AND
-Substantially obstructs the performance of institutional functions; OR
-Induces or attempts to persuade others to engage in such conduct

In 18-9-101, a "Riot" is defined as involving a minimum of how many participants?

For "Inciting a Riot," (18-9-102) how many participants are required for the charge?

-A person incites a group of 5 or more;
-To engage in a current or pending riot; OR
-Issues commands or signals;
-To a group of 5 or more persons in furtherance of a riot

What element changes "Engaging in a Riot" (18-9-104) from a M2 to a F4?

Intentionally, knowingly, or recklessly--
Made a course, offensive utterance, gesture or display in a public place tending to incite an immediate breach of the peace

Intentionally, knowingly, or recklessly--
Made unreasonable noise in a public place or near a private residence

Intentionally, knowingly, or recklessly--
Fought with another in a public place

Intentionally, knowingly, or recklessly discharged a firearm in a public place (not being a peace officer, lawfully target shooting or hunting)

With intent to harass, annoy or alarm;
-Strikes, kicks, shoves or touches a person; OR
-In public, directs obscene language or gestures; OR
-Follows a person about in a public place; OR
-Initiates communication with a person anonymously or otherwise by phone, computer, etc; OR
-Makes repeated communication at inconvenient hours; OR
-Repeatedly taunts, insults, challenges or makes communications in offensively course language

-Knowingly eludes or attempts to elude a peace officer, and while doing so operates the vehicle in a reckless manner

What are the 7 classifications protected under Bias-Motivated Crimes 18-9-121(1)

-With intent to intimidate or harass another because of their actual or perceived;
-Race/color/religion/ancestry/national origin/physical or mental disability/sexual orientation

-Knowingly causes bodily injury to another; OR
-Knowingly, by word or conduct, places another in fear of imminent lawless action directed at that person or their property;OR
-Knowingly causes damage or destruction to the property of another person

Knowingly projects any any object or substance at or against any vehicle or equipment designed for the transportation of persons or property

It's illegal to wiretap or eavesdrop.

What is the barrel and total length of a "short rifle?"
18-12-101(h)

What is the barrel and total length of a "Short shotgun?"
18-12-101(i)

18-12-102(1) - What classifies as a "dangerous weapon?"

18-12-102(2) - What classifies as an "illegal weapon?"

-Knowingly and unlawfully aims a firearm at another person; OR
-Recklessly or with criminal negligence discharges a firearm or shoots a bow & arrow
-Sets a loaded gun, trap or device designed to cause an explosion and leaves it unattended; OR
-Has in his possession a firearm while he is under the influence of alcohol or a controlled substance; OR
-Knowingly and unlawfully uses a stun gun in commission of a crime

At what length is a knife considered illegal?
Illegal Knife (18-12-101[f])

-Offender knowingly or recklessly;
-Discharged a firearm into;
-A dwelling or other building or occupied structure; OR
-A motor vehicle occupied by a person

Under what dollar level is Theft 18-4-401 considered a petty offense?

Over what dollar amount is Theft 18-4-401 considered a felony?