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Vehicular Assault
The proxiamate result of persons intoxication, recklessly causes serious bodily injury to another person by a vehicle. Felony
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Criminal Homicide
Unlawful killing of another; 1st degree murder, 2nd degree murder, voluntary manslaughter, criminally negligent homicide, vehicular homicide.
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First degree murder
Premeditated, intentional killing of another; killing another in the perpetration of any; first degree murder, terrorism, kidnapping, arson, rape, robbery, burglary, theft, agg. child abuse, agg. child neglect, rape of a child, aircraft piracy, bomb. NO MENS REA. Sentence; death, life with no parole, life.
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Sentencing for 1st degree murder
- Death
- life with no parole; never getting out
- life imprisonment; 25 calender years.
- If no statutory aggravating circumstance proven beyond a reasonable doubt; imprisonment for life.
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Death Penalty aggravating circumstances
- 1+ prior felonies
- risk of death to 2+ people during act
- renumeration or employed another for renumeration
- heinous, cruel, torture; beyond to cause death
- avoiding arrest of D or another
- against a Judge or court official, law enforcement, EMS
- mass murder of 3+ persons
- mutilation of body after death
- terrorism
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Death Penalty mitigating circumstances
- No prior criminal hx
- extreme mental/emotional disturbance
- victim/participant consent to act
- reasonably believed a moral justification for the act
- accomplice; minor part in act
- duress or domination of another
- age; youth or advanced in age
- capacity; mental/defect/intox/ which substantially impaired judgment.
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Second degree murder
- Knowing killing of another
- killing that results from the unlawful dist. of schedule I, II, drug when drug is proximate cause of death.
- Cumulative effect of domestic violence; death.
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Voluntary Manslaughter
Intentional or knowing killing of another in a state of passion, produced by adequate provocation sufficient to lead a reasonable perosn to act in an irrational manner.
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Criminally negligent homicide
Criminally negligent conduct that results in death.
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Vehicular Homicide
- The reckless killing of another by the operation of auto, plane, boat or another moter vehicle as the proximate result of;
- conduct creating risk of death/injury
- drivers intox
- drag racing
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Reckless Homicide
Reckless killing of another
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Assisted Suicide
- Provides one with means to directly or intentionally cause own death.
- Intentionally participates in physical act by which another causes their death.
- physical act with actual knowledge, and clear intent.
- Fail to prevent another's death
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Aggravated Vehicular Homicide
- 1. 2+ prior convictions of;
- DUI, Vehicular Assault, any combination
- 2. 1 prior conviction for vehicular homicide.
- 3. .20 alcohol and 1 prior conviction for
- DUI, vehicular assault.
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Coercion
- Causing, threatening to cause bodily harm, physically restraining or confining any person or threatening to restrain or confine.
- Exposing or threatening to expose, destroying, concealing, removing, passport, gov't Id, or immigration document,
- providing a controlled substance.
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False Imprisonment
Person who knowingly removes or confines another unlawfully so as to interfere substantially with the other's liberty.
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Especially Aggravated Kidnapping
- A. 1. deadly weapon
- 2. victim under 13 yrs.
- 3. holding victim for ransom, reward, shield, hostage.
- 4. victim suffers serious bodily injury.
- B. Class A felony. If offender releases victim alive Court can consider mitigating circumstances.
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Robbery
- Intentional, knowing, theft of property.
- By violence or putting another in fear.
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Aggravated Robbery
- 1. With a deadly weapon, or by any article used/fashioned to lead victim to believe a weapon.
- 2. Victim suffers serious bodily injury.
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Especially aggravated robbery
- 1. Deadly weapon
- 2. Victim suffers serious bodily injury.
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Aggravated Rape
- Unlawful sexual penetration
- 1. force or coercion, with a weapon.
- 2. bodily injury to the victim.
- 3. aided and abetted by 1+ persons
- Victim is mentally defective, incapacitated or physically helpless.
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Rape
- Unlawful sexual penetration
- 1. force or coercion
- 2. without consent
- 3. victim mentally defective, incapacitated, or helpless.
- 4. accomplished by fraud.
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Aggravated Sexual Battery
- Unlawful Sexual contact
- 1. force or coercion.
- 2. bodily injury to the victim.
- 3. Aided/abetted by 1+ persons.
- victim; mental, defective, incapacitated, helpless
- 4. Victim less that 13 years of age.
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Rape of a child
Unlawful penetration; 3+ through age 13. Minimum 25 years.
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Aggravated rape of a child
Penetration; victim 3 years or less.
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Sexual battery by an authority figure
- Unlawful sexual contact
- victim between 13-17 yrs.
- mentally defective, incapacitated, helpless
- perp in position of trust
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Statutory Rape by Authority figure
- Penetration
- D/perp 4 years older than victim
- Felony
- No probation or judicial diversion available for this charge.
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Assault
- 1. Intentionally, knowingly, or recklessly causes bodily injury to another.
- 2. Intentionally, knowingly causes fear of imminent bodily injury.
- 3. intentionally, knowingly causes physical contact that is offensive and provacative.
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