Assault

(1st Degree)

• Intentionally:
• Causes Serious Personal Injury (SPI) with a deadly weapon/instrument (DW)
• Causes SPI during the commission/attempt/fleeing from a felony
• Causes SPI to a victim age 62 or older
• Intentionally/Recklessly:
• Causes SPI to a law enforcement/corrections officer/emergency care worker
• Recklessly:
• Creates a substantial risk of death and causes SPI 

Assault

(2nd Degree)

• Intentionally:
• Causes personal injury (PI) to a law enforcement / corrections / fireman / emergency care worker
• PI to any state employee discharging duties
• Intentionally or Recklessly:
• Causes SPI to another
• Causes PI to any person 62 or older or a pregnant woman
• Causes PI by a deadly weapon or instrument
• Δ is 18 or older and causes PI to 6 year old

Assault

(3rd Degree)

• Intentionally/Recklessly causes PI to another 
• Criminal Negligence - causes PI by deadly weapon/instrument

Offensive Touching

• Intentionally
• touches another person, either with a member of his body or with an instrument
• knowing that he is thereby likely to cause offense or alarm to such person

Menacing

• By some movement of his body or any instrument
• intentionally places another person in fear of imminent physical injury

Abuse of a Pregnant Female

(2nd Degree)

• In the course of or in furtherance of the commission or attempted commission of assault 3rd degree or any violent felony
• Against a pregnant female
• Recklessly and without her consent causes the unlawful termination of her pregnancy

Abuse of a Pregnant Female

(1st Degree)

Kidnapping

(1st degree)

• Unlawful Restraint for:
• Ransom or reward;
• Shield or hostage;
• To facilitate a felony;
• To inflict physical injury or sexual abuse;
• To terrorize victim;
• To take or entice a child less than 18 from lawful parent or guardian
• Does not voluntarily release the victim alive, unharmed, and in a safe place prior to trial

Kidnapping

(2nd degree)

• Same as 1st degree but
• Voluntarily releases the victim alive, unharmed, and in a safe place prior to trial
• NOTE: act of unlawful sexual contact or rape will be considered harmed

Kidnapping

Restraint:

• Restrict another's movements intentionally and in such a manner to interfere substantially with his liberty by moving him from one place to another or by confining him in a place where the restriction commences or to which he has been moved, without consent.
• Restriction or movement must be greater than that necessary to accomplish the crime itself
• Restraint or movement of the victim must involve "much more" interference with the victim than is normally incident to the underlying offense

Unlawful Imprisonment

• Knowingly and unlawfully restrains another person (2nd degree)
• 1st degree:
• 2nd degree +
• Under circumstances that expose that person to the risk of serious physical injury

Interference With Custody

• Relative of Child
• Child less than 16
• No legal rights to have possession of child
• Takes or entices the child from the child's legal guardian intenting to hold permanently or for prolonged period

Arson

(1st Degree)

• Intentionally:
• Damages a building by fire/explosion, AND
• Knows another (not accomplice) is present in building OR
• Knows of circumstances rendering presence of another therein a reasonable possibility

Arson

(2nd Degree)

• Intentionally causing damage:
• by fire/explosion
• to a building

Arson

(3rd Degree)

• Recklessly causes damage:
• by fire/explosion
• to a building

Reckless Burning

• Intentionally starts a fire or explosion and
• Recklessly places a building or other property of another in danger of damage, or
• places another person in danger of physical injury

Criminal Mischief

• Inentionally or recklessly damages tangible property of another, or
• makes connection with tangible property of a utility
• NOTE: felony if damage is $5000 or more or substantial interruption of utility

Cross Burning

• Intentionally, knowingly, or recklessly:
• Burns a cross or other religious symbol upon private or public property,
• Without written consent of owner, and
• Without notification to the fire board within 48 hours of the burning

Burglary

(1st Degree)

• Enter or remain unlawfully
• in a dwelling
• at night 
• with intent to commit a crime AND
• with a deadly weapon OR
• causes PI to non-participant

Burglary

(2nd Degree)

• Enter or remain unlawfully in
1. a dwelling with the intent to commit a crime
2. a building armed with a deadly weapon / cause physical injury

Burglary

(3rd Degree)

• Enter or remain unlawfully
• in a building
• with intent to commit a crime therein

Criminal Trespass

(1st Degree)

• Knowingly
• Enters or remains unlawfully
• In a dwelling, OR
• Building used to shelter animals

Criminal Trespass

(2nd Degree)

• Knowingly
• Enters or remains unlawfully
• In a building, or
• Upon real estate fenced or enclosed to exclude intruders

Criminal Trespass

(3rd Degree)

• Knowingly
• Enters or remains unlawfully
• Upon real property

Possession of Burglar's Tools

• When under circumstances evidencing an intent to use or knowledge that another person intends to use in the commission of an offense
• Defendant possesses any tool, instrument, or other thing adapted, designed, or commonly used for committing or facilitating:
• Offenses involving unlawful entry into or upon premises
• Offenses involving the unlocking, overriding, or disabling of a security device
• Offenses involving the forcible breaking or opening of safes, vending machines, ATMs, lock boxes, gates, doors, or any container
• Offenses of identity theft, including credit cards, driver's licenses, or other documents in a name other than the one in possession

Trespass with Intent to Peer or Peep

• Knowingly
• Enters upon the occupied property of another utilized as a dwelling
• With intent to peer or peep in a window or door of such property, and
• While on such property conducts himself in a manner commonly referred to a "peeping tom"

Robbery

(2nd Degree)

• In course of committing theft
• Uses/threatens force
• with intent to prevent/overcome resistance, OR
• compel owner to give up property

Robbery

(1st Degree)

• commits Robbery 2nd
• causes PI to non-participant OR
• displays what appears a deadly weapon / represents in possession of DW, OR
• armed with / threatens / uses a dangerous instrument, OR
• victim is 62 or older

Theft

(Misdemeanor)

• take, exercise control over, or obtain
• property of another under $1500 in value
• intending to deprive or appropriate

Theft

(Felony)

• Take, exercise control over, or obtain
• with intent to deprive or appropriate
• property of another equal to or over $1500 in value
• OR
• victim is 62 or older

Receiving Stolen Property

• Knowing or believing that is has been acquired under circumstances amounting to theft
• acquired substantially below reasonable value (knowledge presumed)

Identity Theft

• Knowingly or recklessly
• Obtains, produces, possesses, uses, sells, gives, or transfers personal identifying information belonging or pertaining to another person without consent
• With intent to use to commit or facilitate any Title 11 offense
• Or to facilitate the use by a third person to commit a crime

Theft of a Prescription Pad

• Individual who is not an authorized practitioner, and
• takes, exercises control over, obtains, uses, transfers, gives, or sells prescription pad, and
• to facilitate drug diversion

Forgery

(Generally)

• Intending to defraud, deceive, or injure another:
• Alters any written instrument of another without authority; OR
• Makes, completes, executes, authenticates, or transfers any written instrument which purports to be the act of another person who has not authorized that act; OR
• Possess a written instrument, knowing that it was made, completed, or altered under circumstances constituting forgery

Forgery

(1st Degree)

• Forgery involves:
• issue of money, stamps, securities or other valuable instruments issued by the government; OR
• stocks, bonds, or other instruments representing interest or claims of a corporation

Forgery

(2nd Degree)

• Forgery involves:
• Deeds, wills, contracts, checks, or other instruments which creates, transfers, terminates, or otherwise affects a legal right, interest, or obligation; OR
• Public records; OR
• Medical prescriptions

Forgery

(3rd Degree)

• All other forgeries
• NOTE: restitution required

Forgery

(related statutes)

• Unlawful use of a credit card
• Issuing a bad check
• 10 days to make good
• Criminal impersonation
• Impersonates another person to obtain a benefit or to injure or defraud another
• Insurance fraud
• False claim to insurer
• Home improvement fraud

Extortion

• To compel or induce another to deliver property by instilling fear of:
• Physical injury
• Property Damage
• Criminal Conduct
• Accusing of Crime
• Exposure of Secret
• Falsely testifying
• Misuse of position by public official
• Harm to reputation, financial condition, safety, business, career, personal relationship

Bribery

• Offers, confers, or agrees to give a benefit to public servant upon an agreement or understanding for official's vote, action, exercise of discretion, or for appointment to public office

 Possession of a Deadly Weapon During the Commission of a Felony (PDWDCF)

• possess a deadly weapon during the commission of a felony (duh)
• no merger with underlying sentence
• minimum mandatory, non-concurrent sentence

Possession of a Firearm During the Commission of a Felony (PFDCF)

• Possess a firearm during commission of a felony (duh)
• operable or inoperable firearm

Vehicular Assault

(1st degree)

• While driving/operating a motor vehicle,
• DUI,
• Negligence causes 
• SPI

Vehicular Assault

(2nd degree)

• While driving/operating a motor vehicle
• Criminal negligence causes SPI to another, OR
• While driving/operating a motor vehicle DUI
• Negligently causes PI to another

Vehicular Assault

(3rd degree)

• While in the course of driving / operating a motor vehicle
• Criminal negligence causes physical injury to another

Vehicular Homocide

(1st degree)

• While driving/operating a motor vehicle,
• DUI,
• Criminal negligence causes 
• Death of another

Vehicular Homocide

(2nd degree)

• While driving/operating a motor vehicle,
• criminal negligence
• causes the death of another
• OR
• While driving/operating a motor vehicle,
• DUI,
• Negligence
• causes death of another

Conspiracy

(1st degree)

• Intent to promote/facilitate a Class A Felony
• Agreement between 2 or more persons
• Overt act in furtherance 

Conspiracy

(2nd degree)

• Intent to promote/facilitate the commission of a felony
• Agreement between 2 or more persons
• Overt act in furtherance

Conspiracy

(3rd degree)

• Intent to promote/facilitate commission of a misdemeanor
• Agreement between 2 or more persons
• Overt act in furtherance

Attempt

(degree same as that of most serious crime accused of)

• Intentionally engages in conduct which would constitute the crime if the attendant circumstances were as he believes them to be; OR
• Intentionally does or omits to do anything which, under the circumstances as he believes them to be, is a substantial step in a course of conduct planned to culminate in his commission of the crime

Criminal Solicitation

(1st degree)

• Intending another person to engage in conduct constituting the crime
• Solicits, requests, or otherwise attempts to cause another person to engage in a crime
• 1st degree: underlying crime is a Class A felony
• 2nd degree: underlying crime is a felony
• 3rd degree: underlying crime is a misdemeanor

Reckless Endangering

(1st Degree)

• Engages in conduct which creates a substantial risk of death to another person

Reckless Endangering

(2nd Degree)

• Recklessly
• engages in conduct
• which creates a substantial risk of physical injury to another person
• Is a parent, guardian, or person leagally charged with the care or custody of aminor who knowingly or with criminal negligence acts or fails to act in a manner which contributes to the unlawful possession of a firearm by a juvenile

Carjacking

(2nd degree)

• Knowingly and unlawfully takes possession/control of a motor vehicle 
• from another person by
• coercion, duress, or otherwise without permission
• Still 2nd degree, but goes up to Class D (from E):
• recklessly engages in conduct which creates a substantial risk of death or serious physical injury to another; or
• compels a lawful occupant of the vehicle to leave the vehicle; or
• causes the vehicle to be operated recklessly
• NOTE: no defense if did not intend to permanently deprive owner of vehicle or did not physically drive or operate the vehicle

Carjacking

(1st degree)

• Carjacking 2nd degree +
• While D is in possession or control of vehicle
• Commit/attempt a felony;
• DUI;
• Commits drug offense;
• Displays/represents a deadly weapon while in control/attempting to take possession of vehicle;
• Causes PI to another;
• V or any V in car is 62 or older or 14 or younger

Terroristic Threatening

(Misdemeanor)

• Threatens to commit crime likely to result in death or serious injury to person or property, OR
• Makes false statements:
• Likely to cause evacuation;
• Likely to cause serious invconvenience; 
• In reckless disregard of risk of causing terror/serious inconvenience
• Commits act + intent of causing an indidividual to believe they have been exposed to a substance that will cause death or SPI

Terroristic Threatening

(Felony)

• Terroristic Threatening (misdemeanor) +
• Victim is 62+ (Class G)
• Place of evacuation / serious inconvenience / terror is a day care facility, nursery, preschool, school, or long-term care facility (Class F)

Hoax Device

• Transports, possesses, uses, or causes another to knowingly or unknowingly 
• Any hoax device with the intent to cause anxiety, unrest, fear, or personal discomfort to any person
• Hoax device:
• object that would cause a person to reasonably believe that such object containsa destructive device, Molotov coctail, incediary device or over-pressure device which would cause injury or death

Rape

(1st degree)

• Intentional
• Sexual Intercourse
• AND
• Without consent and during commission of or during flight from a crime or to prevent reporting of a crime and the defendant causes physical injury or emotional injury to the victim
• Without consent and facilitated by or occurred during the course of or attempted commission of:
• Any felony
• Following misdemeanors:
• reckless endangering second
• assault third
• terroristic threatening
• unlawfully administering drugs
• unlawful imprisonment second
• criminal trespass (1st, 2nd, or 3rd)
• 2nd, 3rd, or 4th degree rape +
• displays what appears to be a deadly weapon or dangerous instrument
• Victim is less than 12 and the defendant is 18 or older

Rape

(1st degree)

Mandatory life without parole:

• Victim is less than 16 and defendant inflicts serious physical injury on the victim; OR
• Intentionally causes serious and prolonged disfigurement to the victim or intentional destroys, amputates, or permanently disables an organ of the victim's body; OR
• Convicted of rape against three or more separate victims; OR
• Previously convicted of unlawful sexual intercourse 1st degree, rape 2nd or 3rd, or any equivalent offenses under the law of any state

Rape

(2nd degree)

• Intentionally engages in sexual intercourse without victim's consent
• Intentional Sexual Penetration AND
• Without consent and
• during, flight from, or prevent reporting of crime
• Causes serious physical injury
• Without consent and
• During commission of, immediate flight from, or during attempt to prevent reporting of a crime
• Displays what appears to be a deadly weapon or dangerous instrument
• Without consent and
• facilitated or occurred during course of or attempted commission of:
• Any felony
• Following misdemeanors
• Reckless endangering 2nd
• assault 3rd
• terroristic threatening
• unlawfully administering drugs
• unlawful imprisonment 2nd
• criminal trespass (1st, 2nd, or 3rd)
• Victim is less than 16 and occurred during the commission of or flight from a crime or during an attempt to prevent the reporting of a crime and serious physical injury 
• Victim is less than 16 and during commission of the crime defendant displays what appears to be a deadly weapon or dangerous instrument
• Victim is less than 12 and defendant is 18 or older

Rape

(3rd degree)

• Intentionally engages in sexual intercourse and victim is less than 16 and defendant is at least 10 years older than victim
• Intentionally engages in sexual intercourse and victim is less than 14 and defendant is 19 or older
• Intentionally engages in sexual penetration and
• Without victim's consent and during the commission of or flight from a crime, OR
• [Without consent] During an attempt to prevent reporting of a crime which causes physical injury or serious mental or emotional injury to the victim
• Victim is less than 16 and during commission of or flight from a crime defendant causes physical injury or serious mental or emotional injury [removes consent factor]

Rape

(4th degree)

• Intentionally engages in sexual intercourse and victim less than 16
• Intentionally engages in sexual intercourse and victim less than 18 and defendant is 30 or older (unless married)
• Intentionally engages in sexual penetration and is either without victim's consent or victim is less than 16

Unlawful Sexual Contact

(1st degree)

• Has sexual contact with another or causes the victim to have sexual contact with him or a third person, AND
• During 2nd or 3rd degree Unlawful Sexual Contact causes physical injury to the victim or displays what appears to be a deadly weapon or dangerous instrument
• Intentionally has sexual contact with another person who is less than 13 years old

Unlawful Sexual Contact

(2nd degree)

• Has sexual contact with another or causes the victim to have sexual contact with him or a third person, AND
• the sexual contact is intentional and the victim is less than 18

Unlawful Sexual Contact

(3rd degree)

• Has sexual contact with another or causes the victim to have sexual contact with him or a third person, AND
• knows the contact is offensive or occurs without victim's consent

Sexual Harassment

• Threatens to engage in conduct likely to result in the commission of a sexual offense; OR
• Solicits, requests, commands, importunes, or otherwise attempts to induce another to have sexual contact or sexual intercourse or unlawful sexual penetration with him, knowing he is likely to cause annoyance or alarm to that person

 Continous Sexual Abuse of a Child

• Intentional
• 3 or more sexual acts
• Child under 18
• occurring over at least a three month period

Indecent Exposure

• Male:  exposes his genitals or buttocks under circumstances in which he knows his conduct is likely to cause affront or alarm
• Female:  exposes genitals, breast, or buttocks under circumstances in which she knows her conduct is likely to cause affront or harm

Sexual Exploitation of a Child

• Intentionally, Knowingly, or Recklessly:
• photographs a child engaged in a sexual act; or
• finances or produces a motion picture which depicts a child engaging in a sexual act; or
• publishes a book depicting a child engaging in a sexual act; or
• permits or otherwise promotes an exhibition or performance of a child engaging in a sexual act
• NOTE: second conviction carries automatic life sentence

Murder

(1st degree)

• Intentionally causes the death of another; OR
• While engaged in the commission of or attempted commission of a felony or immediate flight therefrom, 
• Recklessly causes the death of another; OR
• Intentionally causes another to commit suicide by force or duress; OR
• Recklessly causes the death of a law enforcement officer, corrections employee, fireman, paramedic, emergency medical technician, fire marshal, or fire police while such officer is in the lawful performance of his duties; OR
• Causes the death of another by use of a bomb or similar destructive device; OR
• Causes the death of another in order to avoid or prevent lawful arrest of a person, or in the course of and in furtherance of escape in the second degree or escape after conviction

Murder

(2nd degree)

• Recklessly causes the death of another person
• Under circumstances which manifest a cruel, wicked, and depraved indifference to human life; OR
• While engaged in the commission of or attempted commission of any felony not specifically enumerated in §636 (Murder 1st) or immediate flight therefrom
• With criminal negligence, causes the death of another

Manslaughter

• Recklessly
• Causes the death of another; OR
• With Intent to cause serious physical injury
• Causes death employing means which, in defendant's situation are reasonably likely to cause death; OR
• Intentionally causes death
• BUT acts under extreme emotional disturbance; OR
• Commits an abortion which causes female's death
• unless such abortion is therapeutic and her death is not the result of his reckless conduct; OR
• Intentionally causes another to commit suicide

Criminally Negligent Homicide

• With Criminal Negligence
• Causes the death of another

Murder by Abuse or Neglect

(1st degree)

• Recklessly
• Causes the death of a child
• Through an act of abuse and/or neglect or has engaged in an act or previous pattern of abuse and/or neglect of such child
• NOTE: previous conviction for abuse/neglect not required

Murder by Abuse or Neglect

(2nd degree)

• With Criminal negligence
• Causes the death of a child 
• Through an act of abuse and/or neglect or that person has engaged in an act or previous pattern of abuse/neglect of such child
• NOTES:
• Child - less than 14
• Previous pattern - 2 or more incidents

Sexual Extortion

• Compels or induces another person to engage in an act involving sexual contact, sexual penetration, or sexual intercourse by means of instilling fear that he will:
• cause physical injury to anyone; or
• cause property damage; or
• engage in other criminal conduct; or,
• accuse anyone of a crime  or cause criminal charges to institued against him or her; or
• expose a secret tending to subject anyone to hatred, contempt, or ridicule
• falsely testify or provide information or withhold testimony or information with respec to another's legal claim or defense; or
• perform any other act calculated to harm another person materially with respect to his or hear health, safety, business, calling, career, financial condition, reputation, or personal relationships

Assault by Abuse or Neglect

• Recklessly causes physical injury to a child
• through an act of abuse or neglect of a child
• when the person has engaged in a previous pattern of abuse or neglect of such child
• Note: previous pattern - two or more incidents
• Child - less than 14

Receiving a Bribe

• Public servant solicits, accepts, or agrees to accept a personal benefit upon an agreement or understanding for official's vote, action, exercise of discretion, or for appointment to public office

Perjury

(1st Degree)

• Swears falsely; AND
• False statement consisting of:
• Testimony, AND
• Is Material

Perjury

(2nd Degree)

• Swears Falsely; AND
• Written instrument under oath; AND
• Intent to mislead public servant; AND
• Material

Perjury

(3rd Degree)

• Swears Falsely

Carrying a Concealed Deadly Weapon (CCDW)

• Concealed
• Deadly Weapon
• Upon or about his person (i.e., immediate availability and accessibility)
• Without license
• Lesser included:
• Carrying a Concealed Deadly Instrument (CCDI)

Possession of a Deadly Weapon by a Prohibited Person (PDWPP)

• AN INDIVIDUAL MAY NOT POSSESS, PURCHASE, OWN, OR CONTROL A DEADLY WEAPON IF INDIVIDUAL HAS:
• Conviction of prior felony (including drug felonies) or misdemanors involving crimes of violence and physical injury
• Prior commitment to mental institution unless certified as no longer in need of treatment
• Conviction of use, possession of drug
• Delinquent juvenile crimes that are adult felonies (until age 25)
• Any juvenile if deadly weapon is a handgun, unless to engage in lawful hunting, sporting, or recreational activity under supervision of an adult
• Person subject to a protection from abuse order from Family Court (PFA)
• Prior conviction for a crime involving domestic violence

Bombs and Explosive Devices

• Manufactures, transfers, uses, possesses, or transports any bomb, incendiary device, Molotov cocktail, or device designed to explode with intent to cause bodily harm or property damage
• 16 years or older tried as an adult

Giving a Firearm to Person Prohibited

Unlawfully Permitting a Minor Access to a Firearm

• Intentionally or Recklessly storing or leaving a loaded firearm  within the reach or easy access of a minor and the minor obtains the firearm and used it to inflict serious physical injury or death upon the minor or any person

Possession of a Weapon in a Safe School and Recreation Zone (w/in 1000 feet)

• Increase penalty by one grade
• Student may be expelled
• Particularly used to address handgun in schools by juveniles

DUI

(Critical Elements)

• Influence of Alcohol/Drugs
• .08 or more (BAC)
• Driving/Actual Physical Control

DUI

(Definitions)

• Under the Influence
• person is, because of alcohol or drugs, less able than the person would ordinarily have been, either mentally or physically, to exercise clear judgment, sufficient control, or due care in the driving of a vehicle

DUI

(Notes)

• Third offense is now a felony
• Third offense requires a ninety day minimum mandatory sentence
• Fourth or more offense - six month minimum mandatory sentence
• Blood, breath, urine testing
• field test - probable cause / circumstantial evidence

Home Invasion

• Knowingly enters or remains unlawfully in a dwelling
• With the intent to commit a violent felony therein
• Knows that another person (not participant) is present in the dwelling or circumstances which render the presence of another person therein a reasonable possibility
• When, in effecting entry or when in the dwelling or in immediate flight therefrom, the person engages in the commission of our attempts to commit any of the following:
• Robbery (any degree)
• Assault 1st
• Assault 2nd
• Murder (any degree)
• Manslaughter
• Rape (any degree)
• Kidnapping (any degree)
• Is armed with explosives or a deadly weapon or causes physical injury to any person not a participant

Stalking

• Course of Conduct - 3 or more separate incidents
• Directed at specific person
• Creates fear of physical injury (herself or others), or
• Suffers other significant mental anguish or distress not necessarily requiring professional treatment or counseling

Harassment

• Intending to harass, annoy, or alarm another person
• Insult, taunt or challenge the individual in a manner likely to provoke a violent or disorderly reponse or cause a reasonable person to suffer fear, alarm, or distress
• Communicates by phone or other written or electronic means in a manner likely to cause annoyance or alarm (includes obscene language and anonymous phone calls)

Hate Crimes

• Commits a crime and intentionally selects the victim because of the victim's race, religion, color, disability, national origin, or ancestry or to interfere with victim's exercise of first amendment rights
• Upgrades underlying crime to next higher classification

Endangering the Welfare of a Child

• Being a parent, guardian, or any other person who has assumed responsibility for the care or supervision of a child less than 18 years old, the person:
• Knowingly acts in a manner likely to be injurious to the physical, mental, or moral welfare of the child; or
• Intentionally does or fails to do any act, with the result that the child becomes a neglected child
• Contributes to the delinquence of a child
• encourages or aids the child to run away from home or harbors the runaway
• commits any felony or reckless endangering 2nd, assault 3rd, terroristic threatening, or unlawful imprisonment 2nd against a victim knowingly witnessed by a child (either by sight or sound)
• commits DUI and knowingly permits a child to be a passenger
• commits a drug offense knowing a child is present
• NOTE: child is less than 18

Possession of Child Pornography

• Knowingly possesses any visual depiction:
• Of a child engaging in a prohibited sexual act or in the simulation of such act, OR
• Which has been created, adapted, modified, or edited so as to appear that a child is engaging in a prohibited sexual act or in the simulation of such an at

Dealing in Child Pornography

• Knowingly ships, transmits, mails, or transports by any means including computer or any other electronic or digital method
• any book, magazine, periodical, pamphlet, video, or film
• depicting a child engaging in a prohibited sexual act or in simulation of such an act
• Knowingly receiving for the purpose of selling or selling any magazine, photograph, or film (or visual depiction) which depicts a child engaging in a prohibited sexual act (or simulation)
• Knowingly distributes or disseminates . . . 
• Intentionally compiles, enters, accesses, transmits, receives, exchanges, disseminates, stores, makes, prints, or reproduces . . . 

Sexual Solicitation of a Child

• A person 18 years or older intentionally or knowingly solicits, requests, commands, importunes, or otherwise attempts to cause any child who has not yet reached his or her 18th birthday to:
• engage in a prohibited sexual act; OR
• Meet with such person or any other person person for the purpose of engaging in a prohibited sexual act (Note - age reduced from 18 to 16 for this subsection)

Dangerous Crime Against a Child

• Defendant is at least 18
• Victim is under 14
• Defendant commits:
• Rape
• Unlawful sexual conduct by a sex offender
• Sexual abuse by a person in a position of trust, authority, or supervision
• Sexual exploitation of a child
• Dealing or possessing child pornography
• Sexual solicitation
• Sex offenders within school zones

Sexual Abuse of a Child by a Person in a Position of Trust, Authority, or Supervision

(1st Degree)

• Intentionally engages in sexual intercours and child is less than 16 and defendant stands in a position of trust, authority, or supervision (Class A felony)
• Intentionally engages in sexual penetration and child is less than 16 and defendant stands in a position of trust, authority, or supervision (Class B felony)
• Intentionally engages in sexual intercourse or sexual penetration with child older than 16 but less than 18 and defendant is at least 4 years older than child and stands in a position of trust, authority, or supervision (Class B felony)
• Intentionally engages in sexual intercourse or sexual penetration with child older than 16 but less than 18 and defendant stands in a position of trust, authority, or supervision (Class C felony)
• Engages in an act of extortion against a child less than 16 and defendant stands in a position of trust, authority, or supervision (Class D felony)

Sexual Abuse of a Child by a Person in a Position of Trust, Authority, or Supervision

(2nd Degree)

• Intentionally has sexual contact with a child less than 16 and defendant stands in a position of trust, authority, or supervision (Class D felony)
• A male who intentionally exposes his genitals or buttocks to a child who has not reached 16 under circumstances the defendant knows his conduct is likely to cause annoyance, affront, offense, or alarm and the defendant is at least 4 years older than the child and stands in a position of trust, authority, or supervision (Class F felony)
• A female who intentionally exposes her genitals, breast, or buttocks to a chilod who has not reached 16 under circumstances the defendant knows her conduct is likely to cause annoyance, affront, offense, or alarm and the defendant is at least 4 years older than the child and stands in a poistion of trust, authority, or supervision (Class F)
• Suggests, solicits, requrests, commands, importunes, or otherwise attempts to induce a child less than 16 to have sexual contact or sexual intercourse or unlawful sexual penetration knowing that it was likely to cause annoyance, affront, offense, or alarm to the child and hte defendant is at least 4 years older than the child and stands in a poistition of trust, authority, or supervision (Class G felony)

(AFFIRMATIVE DEFENSES)

Duress

• Coerced by the use of, or a threat to use, force which a reasonable person in the defendant's situation would have been unable to resist

(AFFIRMATIVE DEFENSES)

Entrapment

• Induced by police (or agent of police) to engage in conduct constituting a crime when such person is not otherwise disposed to commit said act

(AFFIRMATIVE DEFENSES)

Immunity

• Agreement not to prosecute
• May be granted by AG, DAG, or the Court
• Offense or transaction specific

(AFFIRMATIVE DEFENSES)

Consent

• Victim consented to the act
• Act does not involve physical injury and the consent negates an element of the offense
• If the offense involves physical injury, only a defense if:
• the physical injury done or threatened by the conduct consented to is not serious physical injury; OR
• the physical injury done or threatened is a reasonably foreseeable hazard of participation in the activity, athletic event, or sport
• NOTE:
• Victim must be legally competent to give consent
• Unavailable if because of youth, mental illness, or defect or intoxication is unable to make a reasonable judgment as to the nature or harmfulness of the conduct
• Unavailable if induced by force, duress, or deception

(AFFIRMATIVE DEFENSES)

Mental Illness

• As a result of mental illness or mental defect, the defendant lacked substantial capacity to appreciate the wrongfulness of his conduct
• Verdict is "not guilty by reason of insanity"
• Cannot be drug induced unless prescribed by doctor
• Committed to hospital until court decides defendant is not a danger to public safety

(AFFIRMATIVE DEFENSES)

Guilty But Mentally Ill

• Defendant suffered at the time of the offense from a psychiatric disorder which substantially disturbed such person's thinking, feeling, or behavior; OR
• Psychiatric disorder left the person with insufficient willpower to choose whether to do or refrain from doing the act
• Verdict is "guilty, but mentally ill"
• Cannot be drug induced unless prescribed by doctor

(STATUTORY DEFENSES)

Involuntary Intoxication

• Intoxication was not voluntary
• Resulting in:
• Defendant lacking substantial capacity to appreciate the wrongfulness of the conduct; OR
• Insufficient willpower to choose whether to do or refrain from doing the act

(STATUTORY DEFENSES)

Ignorance or Mistake of Fact

• Applicable if it negates the state of mind required to commit the offense

(STATUTORY DEFENSES)

Choice of Evils

• Emergency measure to avoid an imminent public or private injury which is about to occur by no fault of defendant
• Such gravity that according to ordinary standards of intelligence and morality, the desirability and urgency of avoiding the injury clearly outweighs the desirability of preventing the wrong prescribed by the statute

(STATUTORY DEFENSES)

Self-Defense

• Force
• Immediately necessary
• Against use of unlawful force
• Defendant's subjective belief (must be reasonable) as to the necessity without retreating or surrendering possession
• Deadly Force
• Necessity to protect the defendant against death, serious physical injury, kidnapping, or rape
• Defendant's subjective reasonable belief
• Not justified if:
• Can be avoided by retreating or giving up possession except at home or at work

Accomplice Liability

• A person is guilty of an offense committed by another person when:
• Acting with the state of mind that is sufficient for commission of the offense, he causes an innocent (or irresponsible) person to engage in conduct constituting the offense
• Intending to promote or facilitate the commission of the offense he:
• solicits, requests, commands, importunes, or otherwise attempts to cause the other person to commit such offense; OR
• Intending to promote or facilitate the offense, he:
• Aids, counsels or agrees, or attempts to aid the other person in planning or committing it