Shared Flashcard Set

Details

Rhode Island General Laws
Chapter 11
254
Law
Undergraduate 4
05/06/2020

Additional Law Flashcards

 


 

Cards

Term

 

First Degree Sexual Assault 

Definition

Sexual penetration with another person and if any of the following circumstances exist:

1) The accused, not being the spouse, knows or has reason to know that the victim is mentally incapacitated, mentally disabled or physically helpless

2) Force or coercion

3) concealment or surprise is able to overcome the victim

4) medical treatment for sexual gratification

Term

 

 

Child Snatching

Definition

Under 18 years old

1)Intentionally removes, causes removal of or detains any child under 18 whether within or out of RI with intent to deny another person right of custody under existing decree or order of family court

 

Felony 

Prison - not more than 2 years and/or $10,000

Defense

1)Lawful custody

2)Beyond control to return and notify other party within 3)24 hours, return ASAP and let child talk

4)Flee for domestic violence reasons

Term

 

 

Kidnapping 

Definition

-without lawful authority, forcibly or secretly confines or imprisons another against their will

- Forcibly carries/send out of state

Term

 

Kidnapping of a Minor

Definition

Any child under 16

- without lawful authority, forcibly or secretly confines or imprisons any child under 16 within RI against the child's will or forcibly carries or sends or forcibly carries or kidnaps a child with intent to cause the child to be srectly confined or imprisoned with this state against their will or with intent of sexually assaulting, molesting or abuse. 

Term

 

 

Abduction of Child prior to Court Order

Definition

-Any parent or acting for a parent 

-After served with process 

-BUT, prior to issuance of temporary/final court order to determine custody

-Takes, entices to leave with intent to deprive parent with custody

Term

 

 

Violation of Acceptable Noise Levels

Definition

Where sound penetrates closed motor vehicle 20 feet away or heard 100 feet from a person standing outside

 

Penalty - Fines

1st $100

2nd $200

3rd $300

Term

 

 

Child Abuse - Brendan's Law

Definition

1st - Serious Bodily Injury(includes Shaken Baby) 

2nd - Serious Physical Injury

Other SBI comes from non-excessive corp punishment

 

1st Degree victim under 5

10 years must do 8 1/2

Term

 

Indecent Solicitation of a Child

Definition

Under 18 

Knowingly solicits persons under 18 or if they believe under 18 for prostitution 

 

Penalty - Not less than 5 years

 

Term

 

 

Enticement of Children

Definition

Under 16

Attempts to persuade or persuades by words or actions with intent to engage in lewd, illicit or criminal conduct

- Leave home or school

- Enter vehicle or building

- Hide from public view

Term

 

Penalty for Murder of a Kidnapping Person Under 18

 

Definition

-Not the natural or adopted parent

-Die as the result of the kidnapping

-Guilty of 1st Degree Sexual Assault

Term

 

Cruelty to or Neglect of a Child

Definition

Custody or control - Child under 18

- Abandons child, gross or habitual cruelty

- causes child to suffer for food, clothing, care or oversight

 

Felony

Religious beliefs can't be used against them

Term

 

 

Missing Child - Duty to Investigate

Definition

Parent notifies PD of minor child and other parent are missing for 1 week and whereabouts are unknown - Investigate ASAP

 

-no investigation for non-custodial parent denied visitation

Term

 

 

Battery by an Adult upon a Child under 10 or younger causing Serious Bodily Injury

Definition

Suspect - Over 18

Commits Battery upon a child 10 y.o. or younger causing Serious Bodily Injury

 

Felony

Term

 

 

Burglary

Definition

Imprisoned for Life or any term not less than 5 years

 

-B&E 

-Dwelling 

-Night time

-intent to commit a felony therein 

Term

 

Electronically Disseminating Indecent Material to Minors Prohibited 

Definition

-Knowingly or intentionally transmits indecent images to a person they know or believes is a minor

 

No charge if minor is 15 or older and person transmitting not more than 4 years older than minor

Term

 

 

Firearm Definition

Definition

 

Steel or Metal projectiles are propelled 

Term

 

 

Pistol

Definition
Pistol, revolver, long guns with an overall length of 26"
Term

 

 

Sawed off Rifle

Definition

 

16" to 26"

Term

 

 

Sawed off Shotgun

Definition

 

 

18" to 26"

Term

 

 

B&E of Resident of Premise

Definition

 

Have previous convictions of same offense

 

Penalty

No less than 1 year and/or $5000 max

Term

 

 

B&E of a Dwelling House

Definition

 

-Day or Night

-Occupied or not, out building or attached 

-Without consent

 

1st-not less 2yrs to 10yrs max

2nd-not less 4yrs to 15 yrs max

 

Term

 

Recording of Grand Jury Testimony Child Assault

Definition

Recording is Admissible if victim is 

14 yrs or younger at time of testimony 

 

14 yrs to 18 yrs is admissible with stipulations

Term

 

 

Alternative Methods of Victim Testimony

Definition

Judicial Hearing

17 yrs or less - Can be taped if person can suffer harm if they testify

14 yrs or less - Assumed they cannot testify

Judges, Attorney's and people running A/V allowed in room for taping

Term

 

 

Contributing to the Delinquency of a Minor

Definition

Under 16 years old

 

Willfully contributes or encourages to violate the law or for immoral conduct

or

Parents who allow 

Misdemeanor 

Term

 

Exploitation for Commercial or Immoral Purposes

Definition

Under 16 years old

-Person have custody or control over child

-Under 18 in a book, magazine, picture, film or sexual activity

-Under 18 Prostitution or Indecent Act

 

Felony

Term

 

 

Arson 7th

Definition

 

Bonfire 

 

Fine $100 max

Term

 

 

Arson 1st

Definition

Whether or not used for residential purposes

Is occupied or in use for any purpose or occupied in use during the 6 months preceding or to any other residential structure

Not less than 5 years

Death resulting not less than 20 years

Term

 

 

Arson 2nd 

Definition

Unoccupied building, structure or facility of another 

 

Penalty not less 2 yrs and 20 yrs max

Term

 

Arson 3rd

Definition

 

Insurance Fraud

 

2 yrs minimum to 20 yrs max

 

Death resulting 6 yrs minimum to 20 yrs max

Term

 

 

Arson 6th

Definition

 

Destruction of Woodlands by fire

 

2 yrs max

Term

 

Arson 5th

Definition

 

Attempts to commit Arson 1 thru 4 

 

1 year minimum and 20 years max

Term

 

 

Arson 4th

Definition

 

Causing destruction of property in excess of $100 and the property of another person

Term

 

 

Arson - Custodial 

Definition

 

While under arrest or incarcerated

 

Damage or destruction of any occupied or unoccupied building

Shall be guilty of 1st Degree Arson

Term

 

 

Aggravated Circumstances

 

Definition

 

Recruits or obtained a victim from a shelter for that is for victims of Human Trafficking, domestic violence, runaway youth, foster children or homeless 

 

Enhanced penalty 

-presented no later than 1st pretrial 

-can add 5 years

 

Term

 

 

Patronizing a Minor for Commercial Sex Act

Definition

Under 18 

 

Felony 10/$20,000

Term

 

 

Forced Labor

Definition

 

Coercion to compel someone to provide labor

Term

 

Forgery, Counterfeiting or Alteration of State Debt Certificate or bank note

Definition

 

Making a note in imitation or pretending to be real

Term

 

Limitation of Prosecution 

(Fireworks)

Definition

 

Complaint must be brought within 30 days 

 

Felony

Term

 

Aiding and Abetting a Minor

Definition

Person over 18 

-Aid

-Assist

-Command

Guilty of Pandering 

1 to 5 $2000 to $5000

3 to 10 $5000 to $10000

 

Term

 

Attempted B&E

Definition

Makes attempt (Overt Act)

 

Same punishment if attempt was completed

Term

 

Desecration of Grave

Definition

Felony

 

Destroy, mutilate, deface, cover over, injure or remove any tomb monument 

Term

 

Fraud against the Department of Human Services

Definition

Using a EBT card at prohibited establishments or allowing use in establishments

Misdemeanor

1) Liquor Store

2) Casino

3) Gambling facility

4) Adult entertainment 

 

 

Term

 

Forms of Gambling Prohibited 

Definition

Directly or Indirectly puts on any

-Lottery

-Game of Chance

for the purpose of disposing of money or property

 

Felony 2/$2000

Term

 

 

Possession of False ID

Definition

Fine $500

 

Motor Vehicle License with Photo but with name and DOB of another person

Term

 

Larceny of a Firearm

Definition

 

Steal Firearm 

Doesn't include air soft, blank gun or BB gun

Term

 

 

Possession of Firearms on School Grounds

Definition

 

Can't do it

1 to 5 years and $500 to $5000

Juvenile can lose license for 6 months

 

Doesn't apply to colleges

Term

 

 

Adultery

Definition

 

 

Fine of $500

 

2 person where either of them is married 

Term

 

 

Tattooing of Minors

Definition

Under 18 Can't Do

 

Misdemeanor

 

- Permission from a parent 

- Can do for medical purpose  

Term

 

 

Necrophilia

Definition

 

1st degree sexual assault with dead body

 

10 yrs max and $10,000 max

Term

 

License not required to carry a fireman to target range

Definition

 

No license needed to carry from home/business to target range

-must be broken down and unloaded

Term

 

Prohibition of Distribution of Free Tobacco Products

 

Definition

 

Can't do it for anyone under 18 or

within 500' of a school

 

separate offense for each 

Term

 

B&E business place, public building or ship during the daytime

Definition

 

Not adjoined to or occupied dwelling 

 

3 years max and/or $300 max

Term

 

Using a Firearm when committing a crime of violence

Definition

 

No person shall use a firearm to commit or attempt to commit a crime of violence

 

Prima Facia is just having the gun

Term

 

Desertion by Leaving State

Definition

 

Husband or Father who without just cause leaves his wife or minor children without making reasonable provisions

 

Felony 

Term

 

B&E 

60 years or older on premises

Definition

 

4 to 20 years

Not less than 6 to 20 for subsequent offence

Term

 

Stalking

Definition

 

Any person who:

Harasses another person with intent to place another person in reasonable fear of bodily harm

 

Felony

Term

 

 

Billboards near grade crossing or intersection

Definition

 

Not within 300' railroad crossing

Not within 50' of intersection

Term

 

Embezzlement and Fraudulent Conversion

Definition

1) entrusted with property

2) Possession of property by lawful means

3) intended to convert property to permanently deprive 

20 years max

$50,000 or 3x the face value 

Embez less than $1100 

1 year max and $1100 

Term

 

 

Loitering for Prostitution

Definition

 

Stand or wanders near a public street, public or private place to engage passerbyers in conversation for sex

6 months to 1 year

$250 - $1000 

Term

 

Pandering or Permitting Prostitution

 

 

Definition

 

Encourage to or give money to prostitute

 

Term

 

 

Conveyance to Prisoner of instrument for escape

Definition

 

Helps prisoner to escape

 

10/$1,000

5/$1000 - no escape

Term

 

Possession of Firearm by Certain Persons Prohibited 

Definition

Any person convicted of:

1) Crime of Violence - In any state

2) Fugitive of Justice

3) Nolo Plea of : In any state

Simple assault, cyber stalking, VNCO or Disorderly Conduct 

Term

 

Bribery of agent, employee or public official

Definition

Corruptly give or offer any gift as a reward to do or not do any act related to the business they do

Felony

20 yrs max

$5000 max or 3X the bribe  

Term

 

 

Habitual Offender

Definition

 

Convicted 3 times for stealing shit

 

6 months to 1 year

$200 to $500

Term

 

Assault and Escape by a Custodial Unit Inmate

Definition

Any prisoner in ACI or custody of ACI outside of the ACI or Mental Hospital who:

- assault or escape

-attempt to escape

1 to 20 years at end of original sentence

Term

 

Shoplifting Detention

Definition

 

- no more than 1 hour

- reasonable force or restraint

-on premises

Term

 

Multiple Citations for Smoking - Children

Definition

1 citation a day

 

however, can have multiple charges on citation 

Term

 

Fraudulent use of credit card

Definition

 

 

Using the card

Term

 

Aggravated harassment of deputy sheriff by an inmate

Definition

 

Causes or attempts to cause any deputy to come into contact with body fluid or feces.

Intent to harass, annoy, threaten or alarm

 

2 years max 

$200 to $500

Term

 

Powers of the Family Court

Definition

 

Has exclusive jurisdiction 

Term

 

Concealment of book on library premises

Definition

 

Guilty of Larceny

 

18 yrs or older 

-may detain for 1/2 hour

-reasonable force only

Term

 

Over Crowded Assemnbly

Definition

 

- Concentrated without seats 7 sq ft per      person

- Less concentrated 15 sq ft per person

- Standing room/waiting room 5 sq ft per      person

- Residential 15 sq ft per person

Term

 

 

Intimidation of Witness and Victims

Definition

 

Expressly or implied threats with intent to intimidate a witness or victim

 

Physical injury/damage to property 5 yrs max/$5000

No injury 1 yr max/$500

Term

 

Care of Babies Alive during Attempted Abortions

Definition

Physician or other medical professional

 

Fails to provide reasonable medical care to infant born

5 yrs max/$5,000

If infant dies - Charge is Manslaughter

Term

 

Electronic Tracking of Motor Vehicle

(Domestic Violence)

 

 

 

 

 

Definition

 

Cannot install, conceal and gps without consent

Term

 

Bomb Threats and Similar False Reports

Definition

Knowingly reports or causes to be reported a false report or falsely reports location of a bomb

 

10 years max/ $1,000

Term

 

Prosecution of Crank or Bomb Threat Calls

Definition
Where the communication originates or is received
Term

 

Use of Dangerous or Offensive Instruments or Substances to Disturb Public Assemblies

Definition

Substance that does or is liable to:

-interrupt 

-disturb the peace and order of that place

 

Felony

Includes Bomb, Torpedo or explosion

Term

 

Sale, Use of Possession of Fireworks - Restrictions

Definition

No on under 16

No Ariel

 

Felony

Term

 

Theft-Obtaining Credit Card through Fraud

Definition

1)Theft by taking or Retaining

-without consent 

-receives when knowingly stolen

2) Lost, mislead or delivered by mistake

3) Purchase or sale to another

4)Dealing in credit cards of another 

5)Forgery

6) Signing

 

Term

 

 

Bailing Jumping

 

Definition

Felony 

 

Doesn't appear at court on date given or within 30 days

 

10 years max

Term

 

Identity Fraud

Definition

1) Purchases fake ID

2) Transfer ID knowing its stolen

3)Knowingly possesses 5 or more

4) Possession of ID Fraud

5) Possess Document making tools

6) Possess, knowingly stolen

7) Transfer w/intent to defraud, living or dead with intent to commit any unlawful act

Term

 

Disturbance of Public Assemblies

Definition

 

Willfully disturbs city or town meeting

Religious, military funeral, memorial service public or private

 

Fine

Term

 

Sale or Concealment of Rental Property

Definition

 

Refuses to return with intent to defraud

 

Larceny

Term

 

Willful Trespass 

Definition

 

Trespass 

or

Having no legitimate purpose on property

1 yr max/$1000

Term

 

Organized Criminal Gambling Business

Definition

- 3 or person involved

- operating in excess of 15 days or

- operates 2 days in 2 consecutive weeks or

- Gross income of $1000 in 1 day or

- 100 Gambling transactions in 1 day

Term

 

Definition of Crimes of Violence

Definition

murder, manslaughter, 1st/2nd sex assault, child molestation, kidnapping, 1st/2nd arson, mayham, robbery, burglary, B&E, sale of drugs, ADW, assault with intent to commit any offense punishable as a felony

Term

 

Jessica Lunsfor Child Predator Act of 2006

Definition

1) GPS for life, while on parole for 1st degree child molestation

2) Violates after 1,1,2007 and is level 3 offender or deemed child predator or in conjunction with A&B, kidnapping, torture of a child 14 yrs or younger

Term

 

Carry a Weapon While Under the Influence of Alcohol and/or Drugs

Definition

 

Can't do 

 

Felony

Term

 

Legislative Intent 

(smoking)

Definition
30% of High School students smoke
Term

 

Enforcement of Anti-Discrimination Provisions 

Definition
RI Commission for human rights is empowered and directed to prevent persons violating any of the provisions
Term

 

Robbery Penalties

Definition

1) Dangerous weapon

2) Victim injured

3) Severely impaired or elderly 

10 yrs to Life/$15,000 max

1) Force or threat, no weapon, no injury

5 to 30 yrs/$10,000

Term

 

Prostitution

Definition

Engages or agrees to sexual contact for a fee

Misdemeanor 

6 months max $250-$1000

Defense

1) Threatened

2) Physically Restrained

3) Destroyed ID/passport

5) Intimidation 

Term

 

Definitions of Felony, Misdemeanors and Petty Misdemeanors

Definition

 

Felony - over 1 yr jail and $1000

Misdemeanor- 1 yr jail max and under $1000

Petty Misdemeanor - 6 months jail and under $500

Term

 

Search Warrant and Forfeiture of Gambling Apparatus

Definition

- Search warrant chapter 5 -12

-Items to be forfeiture chapter 21-12

-Personal property as part of gambling operation can be seized

If sold:

20% to AG

80% to Law Enforcement

Term

 

Statue of Limitation

(Human Trafficking)

Definition

 

No late than 10 years after commission of offense

Term

 

Willful Killing of Unborn Quick Child

Definition

quick child - heart beating, electro pulses, brain waves and survives birth

 

Killing of unborn quick child by injury to mother, which would result in murder

Administration of any drug with intent to destroy the child unless used to save the mother

Term

 

Conspiracy to Commit Offenses Outside the State

Definition

 

Conspire to commit a crime in another state which would be punishable in RI

 

10 years max

Term

 

Threats to Public Officials

Definition

Direct or indirect threats to take the life or inflict bodily injury on a public official or family because of public performance 

5 yrs max/$5000max

Term

 

Use of Implements in Concealment

(shoplifting)

Definition

Clothing or implement used to help shoplifting

Felony

 

5 yr max/ $500 to $5000

Term

 

Reputation Testimony

(Prostitution)

Definition

 

Testimony from people who frequent places of prostitution will be admissible

Term

 

Cigarette and Tobacco Vending Machines

Definition

 

-placed in line of sight of employees and has to have electronic locking system

- no locking device for place 21 or older

-tobacco only in machines 20 to a pack

Fines

1/2 to general fund and  1/2 to city

Term

 

Sale, transfer, deliver of firearm to minor

 

Sale of ammunition to minor

Definition

 

Can't do it to person under 18 

Term

 

Wrongful Termination or Disruption of Service

(domestic violence)

Definition

Protective order has been issued

- interrupts utilities to harass

 

must go to court to remove name

Term

 

 

HIVq

Definition

 

Person convicted of any provision of this chapter shall be required to be tested for HIV

 

Consent is not required

Term

 

Arrest and Detention for Possession of Firearms

Definition

 

Can arrest without a warrant and detain for 24 hours

Term

 

 

Tattooing or Permanent Disfigurement 

Definition

Student or person in attendance at a school/college/military school that knowingly tattoos or disfigures another student using nitrate or silver or other means

 

Guilty of Mayham 

Term

 

Carrying a deadly weapon or substance when committing a crime of violence

Definition

 

Crime of violence with a firearm, explosive substance, noxious liquid or acid

 

No Probation or Suspended/deferred sentence

Term

 

 

Carrying a stolen firearm when committing a crime of violence

Definition

 

Commit a Crime of Violence when armed or having available a stolen firearm

 

Sentence shall be consecutive to underlying sentence

Term

 

 

Penalty for 1st Degree Murder

Definition

 

 

15 years before parole eligible

Term

 

 

Mutilation of Dead Human Bodies

Definition

Felony

 

Dissects or mutilates

 

Exceptions:

-Court order

-embalming

-cause of death

-scientific research

Term

 

Venue of Pandering/Permitting Prostitution Prosecutions

Definition

No defense that the offense or any part of committed outside of the state

 

-Punished in any county where offender is found, where offense occurred or where other acts committed

Term

 

Making, repairing or possessing burglary tools

Definition

 

Tools for cutting through, forcing, breaking open or entering property

 

10 years max

Term

 

Spray Paint by Minors

Definition

 

Under 18 can't possess or have in their control a aerosol paint can

 

- not illegal if they are on own property

Term

 

 

Sale of matches

Definition

 

No one under 12

Term

 

Sale, Possession, use toxic vapor

Definition

 

Can't intentionally smell or inhale fumes to get high

 

6 months/$500

Term

 

 

Fail to Pay Child Support

Definition

Felony

 

Obligated to Pay Child Support

-Has the means to pay 

-Past due $10,000

-Miss 3 or more payments

Term

 

Tobacco by Minors

Definition

 

Under 18 can't possess any tobacco product

 

30 hours community service or Tobacco Treatment

Term

 

 

Bigamy

Definition

Having another spouse or cohabiting with another's spouse

 

 

$1000 

Term

 

Detention of Persons Suspected Removal of Theft Detectors

 

(Anti-Shoplifting)

Definition

 

Activation of detector upon exiting shall constitute reasonable cause to detain

 

Shall detain for a reasonable manner and time

Term

 

Theft of Historic Stone Walls

Definition

Leona Kelley Act

 

17th, 18th, 19th, 20th century stone walls 

 

Penalty is Larceny

Civil liable to replace or compensate

Term

 

Trespassing Railroad

Right of Way

Definition

 

Knowingly on private right of way or railroad

 

-can be arrested without a warrant

 

1 year/$1000

Term

 

 

Sale of Pistol to a Minor

Definition

 

Under 21 can't do

Term

 

Assault and Battery Upon School Teachers

 

Definition

Felony

 

Bodily injury while in performance of duty

 

3 years/$1500

Term

 

Report of Lost or Stolen Weapons

Definition

 

Within 24 hours of discovery

 

Fine

Term

 

Arrest and Detention for Possession of Weapons Prohibited

Definition

-Stop and Detain for up to 24 hours for investigation

-Arrest without a warrant 

-No charges must release after 24 hours

Term

 

Sale of Fulminate Cartridges or contrivances to Minor

Definition

 

Under 15 can't without parents consent

Term

 

Filing of a Complaint for a Sexual Assault

Definition

 

 Heard in district court where party resides 

except when either party is a juvenile

Term

 

Entry by Police Officers of Premises - Commanding departure of persons found

Definition

Police can enter if they suspect prostitution and command all to leave.

Refusal can result in an arrest and hold for 24 hours

 

Misdemeanor 30 days max

Term

 

Child Pornography Prohibited

Definition

1) Produce

2) Deliver by any means

3) Reproduce

4) Possess

Defense:

- Didn't advise as minors

-Less than 3 images

Term

 

Abuse, Neglect and/or exploitation of Adults with severe impairments

Definition

 

Persons responsible for care that willfully abuse, neglect or exploits

 

Applies to people who fail to report 

Term

 

 

Injury of Death to a Law Enforcement Officer by Armour Piercing Ammunition 

Definition

 

Life sentence

Term

 

 

Body Armor - Prohibited 

Definition

 

No body armor for persons convicted of a crime of violence

 

Exceptions:

- employment with certificate 

- CI with LE control

Term

 

Unlawful Possession of Telecommunications Devices

Definition

 

No prisoner can possess any portable communication device

 

Does not include home confinement

Term

 

1st Degree Child Molestation

Definition

 

Penetration with persons 14 or under

 

25 years to life 

Term

 

 

Venue of Prosecution 

(Kidnapping)

Definition

 

In any county the person was transported, carried or where person was found

Term

 

 

Practice restricted to Members of the Bar

Definition

 

 

Only person duly admitted to the bar in this state

Term

 

 

Penalty for Mutilation or Disabling

(Mayhem)

Definition

Felony

 

Puts out an eye, slit nose, ear, lip, cut off, bite off or disable any limb or part

 

 

Term

 

Refusal to Relinquish Telephone

Definition

 

Willfully refuses to allow a person to use a phone to call police

 

90 days/$50-$300

Term

 

Crank or Obscene Telephone Calls

Definition

 

- Repeatedly 

- Sole purpose of harassing, annoying

-uses threatening language whether conversation ensues

Term

 

Impersonation of Public Utility Co. Employee

Definition

 

Falsely pretends

Attempts or gains access to any business or residence for any purpose

Term

 

 

Shoplifting

Definition

 -Takes away any merchandise with intent to deprive

- Altering or removal 

- Transfer from one container to another

-concealing

1 year max

May detain for 1 hour by merchant 

Term

 

Prohibition of Sale of Certain Dietary Supplements to Minors

Definition

No one under 18

Must ask for ID

-Ephedrine

-Ephdoil

-Ephdione

-Ephdoil

-Ephsterone

Term

 

Receiving Stolen Goods

Definition

Receives knowing it is stolen

 

Possession is Prima Facia

 

Except when acquired in trade and for adequate consideration

Term

 

 

Safe Storage

Definition

 

Leaves a loaded firearm and knows a child can gain access to weapon

 

Exception:

Illegal entry

Self Defense

No child should be their 

Term

 

Duty to Report Sexual Assault

Definition

 

Any person other than the victim who knows or has reason to know a 1st degree sex assault or attempt occurred 

 

notify police immediately 

Term

 

Video Voyeurism

Definition

For purpose of sexual arousal

1) Installs, permits use of without knowledge in intimate areas with reasonable expectation

2) Publishes or disseminates

3) look in house with camera

3 years/ $5000

Term

 

Investigation upon report of cruelty or neglect

Definition

 

If reported to DCYF must investigate immediately 

Term

 

Disorderly Conduct

Definition

Intentionally or Recklessly 

1) Fight

2) Loud & unreasonable noise

3) Offensive words likely to provoke violent reaction

4)Obstructs public way

5)Enter property for lascivious purpose/peeing Tom

6) Looks in place with reasonable expectation of privacy

Term

 

Compounding or Concealing a Felony

Definition

-Having knowledge of any felony offense

-Take money, gratuity or reward 

-To enter into an agreement to conceal a felony

 

5 yrs/$5000

Term

 

Recovered Stolen Property

Definition

 

Superior Court receives application from person stolen from

A review is made within 30 Days

Term

 

Felony Assault

Definition

1) Dangerous weapon

2) Acid, Dangerous substance, fire

3)Serious bodily injury

-Substantial risk of death

-Protracted loss of bodily function

-Serious disfigurement 

Physical injury, physical pain, illiness

Term

 

Felony Assault by use of devices similar in appearance to a firearm

Definition

 

Assault and/or battery with any device that is similar in appearance to a firearm

 

-SBI 10 years

-No SBI 3 years

Term

 

B&E Dwelling with possession of instrument relating to wrongful setting of fires

Definition

 

Same as B&E 

but

has instrument to set fires

 

not less than 3 yrs or more than 15 yrs

Term

 

Curfew

Definition

 

-Streets deemed curfew streets

Under 16 after 9pm unless accompanied by adult person

$5.00

Term

 

Procurement of Sexual contact for a fee

Definition

Procuring or attempting to procure a sex act for money

 

1 yr max/$250-$1000

 

Term

 

Entry of Building or ship with felonious intent

Definition

Intent to commit murder, sex assault, robbery, arson or larceny

- Entering anytime day or night 

 

10 yrs/$500

Term

 

Assault and Battery Collection of a Loan

Definition

 

While collecting loan commits the assault or battery

 

No injury

Term

 

Domestic Strangulation

Definition

 

Impeding normal breathing or circulation of blood by applying pressure to throat or neck or blocking nose or mouth with intent to harm

Term

 

Escape from Correctional Insitutions

Definition

 

Attempts or escapes from ACI or mental hospital

 

3 yrs/$500

Term

 

Drive by Shootings

Definition
Firing from a motor vehicle in a manner to create substantial risk of death or serious injury
Term

 

Prohibition on the sale or distribution of certain excise tax stamps

Definition

 

Have to have 20 cigarettes in a pack

Term

 

Slaughterhouse, rendering plants, garbage plants and brick kilns 

Definition

 Cannot be within 300 feet of any public park or hospital

Declared a common nuisance

 

except is already there

Term

 

Solicitation in name of law enforcement agency

Definition

 

Only sworn or retired police officers

ID themselves by name, rank, department and status

Term

 

Furnishing Wood Alcohol for Beverage Purpose

Definition
1st degree murder
Term

 

Display of Foreign Flags on Public Buildings

Definition

No foreign flag on any state, county, city or public schoolhouse

except when guest of US or state their flag can be displayed

Can never be displayed at school

 

$25-$100

Term

 

Wire Strung Across a Highway

Definition

 

No wire shall be stung less than 14' above surface of highway

 

misdemeanor 

Term

 

Online Fencing

Definition

 

Selling on internet knowing property is stolen

 

Does not apply to person unknowingly purchases stolen property over internet

Under $500- misdemeanor

over $500 - Felony

Term

 

Removal of marker on Veterans Grave

Definition

Removes American Flag from vicinity of veterans grace or from flag staff in cemetery

60 days/$100

Term

 

Expungement of certain criminal records

(prostitution)

Definition

 

Maybe expunged 1 year after completion of sentence

 

-courts discretion regardless if its person 1st offense 

Term

 

Conspiracy

Definition

 

Person who shall conspire with another to commit an offense punishable under the laws of this state

-Subject to same fine & imprisonment as pertaining to offense 

Term

 

Failure to Report - Penalty

(sex assualt)

Definition

Misdemeanor 

 

1 yr/$500

Term

 

Assault and Battery upon Correctional Officer or Training School Employee

Definition

Bodily injury

or

out of uniform bodily injury

or

attempt to remove firearm 

in performance of duty is needed

Term

 

Duty to Assist

Definition

Person at scene of emergency is to give reasonable assistance if it doesn't place them in peril

 

Petty Misdemeanor

 

Term

 

Throwing Articles at moving vehicles

Definition

 

Willfully throws, shoots or propels any object at moving vehicle

 

1 yr/$500

 

Police/Fire moving or not - same penalties 

Term

 

Mace

Definition

 

Over 18 can carry

Term

 

Manslaughter

Definition

Unlawful killing without malice

Voluntary - heat of passion with adequate provocation

Involuntary - commission of an unlawful and non-felonias act or in performance of lawful act with criminal negligence

Term

 

Access to Computer for Fraudulent purpose

Definition

direct/indirect access to any computer

1) devising scheme to defraud

2) obtain money or property

3) damage any program/data to any scheme to defraud

 

Felony

Term

 

Common Law Offenses not Covered by State

Definition

Every offense at common law for which no punishment is prescribed by law

 

1 yrs/$500

 

5 yrs/$5000

Term

 

Assault and Battery upon Delivery Person

Definition

-Commercial delivery to home or business

-While on duty

 

No injury is needed

ADW 5-20 years

3 yrs/$3000 no ADW

Term

 

2nd degree sexual assault

Definition

 

sexual contact no penetration

-Know or reason to know person is handicapped or incapacitated 

-Force or coercion

-Medical treatment for sexual arousal 

Term

 

Unlawful use of Recording Device

Definition

 

Movie theater 

Can't do without consent

Term

 

Treason

Definition

 

1) needs 2 witnesses

2) Needs to disclose treason

Term

 

Senior Citizen Housing Bingo Allowed

Definition

Daily prize of $400 max for people who live at the housing 

- 3 days per week

-1 ticket for a guest 3 hours prior to start

Term

 

Forgery & Counterfeiting in General

Definition

Make, Alter, Forge or Counterfeit with intent to defraud

 

10 yrs/$1000

Term

 

Abandonment or non support of spouse or children

Definition

Leaving them in danger of becoming a public charge

or 

Refuses to aid in support

 

Misdemeanor

6 months max

Term

 

Larceny

Definition
Stealing money, goods or other valuable property to preeminently deprive
Term

 

Soliciting another to commit a crime

Definition

Felony

Same prison/fine as offense committed 

Term

 

Loitering for Indecent Purposes in or near school

Definition

not within 300 yards

 

1 yr/$500-$1000

Term

 

Trafficking an Individual

Definition
Knowingly recruits, transports,transfers or harbors
Term

 

Child Nudity Prohibited in Publications 

Definition

 

Artist drawings/paintings are exempt

Term

 

Sexual Servitude

Definition

 

-Makes available for commercial sex act

-coercion or deception

-no minor consent 

Term

 

Failure to Return Book or Other Library Property

Definition

- received a written notice from library and did not return within 60 days

-$25 fine, replacement of book

Term

 

Sale or exhibition to Minors of Indecent Publications pictures or articles

Definition

 

cannot sell or give away in any areas frequented by persons under 18 

Term

 

Reports of Crimes to Law Enforcement

Definition

 

knows person is a victim of a crime of:

1)sex assault 2) Murder 3) Armed Robbery and is at the scene of the crime shall report it to the police if it doesn't put them in danger

Term

 

Vandalism 

Definition

 

Willfully, maliciously, or mischievously injure or destroy

 

1 year/$1000

Term

 

Embezzlement by Bank Officer or Employee

Definition

 

embezzles for own use the funds of the bank with the intent to cheat or defraud

 

20 yrs/$20,000

Term

 

Necessity of Complaint from Victim of Sex

Definition

 

Can't be charger under 11-37-3.1 until police investigate and get a statement from victim

Term

 

Robbery of the Owner, Lessor or Occupant of Motor Vehicle

Definition

Unlawfully seize by uses or threat of use of dangerous weapon against such person resulting in serious bodily injury

 

Guilty of 1st degree robbery

No parole until 1/2 sentence is served

Term

 

Larceny from a Person

Definition

 

Steal or attempt

 

1 - 10 years

Term

 

Patronizing Victim of Sexual Servitude

Definition

 

Knows the person is a sex slave

 

Minor 20/$20,000

Adult 10/$10,000

Term

 

Passing Counterfeit Certificates Bills or Notes

Definition

 

Pass, publish or tender payment as true, with the intent to pass the same as true

 

2 yrs to 10 yrs

Term

 

Circulation of Obscene Publications and Shows

Definition

Promotes for purpose of commercial gain within community any show, picture, book which is obscene

 

Must find: patently offensive, lacks serious artistic value

Term

 

Examination and Treatment for VD

Definition
Convicted violator of lewd lascivious behavior or unlawful sexual intercourse confined/imprisoned a mere 10 days maybe examined for VD and detained until results
Term

 

Fatal Assault by Maximum Custodial Inmate Deemed Murder

Definition

 

Guilty of Murder

Term
Assault on a Police Officer
Definition

Bodily injury while on duty

 

Includes: Judges, PO's, State Police, Mutual Aid, Airport, College, Bus Driver, Fire

Term

 

Defense- Injury or Death

Definition

Don't have to retreat in your own home

Presumed self-defense

 

Perp was to cause great bodily harm or death upon lawful person

Term

 

Liability for Aiding Abetting, Hiring or Commanding Offenses

Definition

Every person who shall aid another to commit any crime or offense shall be guilty of accessory or principal party

 

-upon conviction shall suffer the same punishment as principal offender

Term

 

Penalty for School Official Permitting Hazing

Definition

Misdemeanor 

$10-$100

Term

 

Reporting Prositution

Definition

Each PD shall send the Governor, AG, Speaker of the House and President of the Senate prostitution activity for the past 6 months

 

semi-annually 

Term

 

Assault on Healthcare Providers or EMT's

Definition

Felony

 

While in performance of duty

Term

 

Assault or Battery for Purpose Causing Unconsciousness 

Definition

Felony

 

Rendered unconscious by a single strike 

or assists, encourages, aids

Term

 

Windmills in Proximity to Highways

Definition

 

25 rolls of traveled street or road

Term

 

Impersonation of Public Officers

Definition

 

Falsely assume or pretend to be " Public Officers" and shall not act as such

Includes: Police, AG, judges, CO's, City Council 

Term

 

Senior Citizens Center Bingo Allowed

Definition

 

5 calendar days per week

No winnings exceed $400 a day

All participants 55 or over

Bingo operator 60 and older

No Sundays

Term

 

Firearm permit to Minor

 

Definition

Under 18 only if proof of being engaged in a course of training in the use of firearms at a regular camp

and

written consent by parent

Term

 

Disorderly Conduct - Indecent Exposure

Definition

Misdemeanor 

Must prove:

-Sexual arousal, satisfaction or stimulation

-knowingly or recklessly

 

Anyone can be the complainant 

Term

 

Sale of Blanks to Minors

Definition

 

Under 21 can't do

Term

 

Perjury

Definition

 

Knowingly make false statements at least 2 times

Defense:

1) believed it to be true 2) Does not affect the proceedings

 

20yrs max

Term

 

Desecration of Places of Public Assembly

Definition

1) Church 2) Cemetery 3) Educational building 4) Owed by government

Grounds adjacent to 

Personal property within  

Term

 

Felons Prohibited of Possession of Radio Scanner

Definition

Felony conviction of drugs, B&E

 

5 yrs/$5000

Term

 

Assault with intent to Commit Specified Felonies

Definition

 

Assault with intent to murder, rob, sex assault, burglary or abominable and detestable acts

 

1 yr to 20 yrs

Term

 

Solicitation or Acceptance of Bribe by Agent, employee or public official

Definition

 

Same as 11-7-4

 

This is for the person bribing 

Term

 

Possession of Ammo - Minor

Definition

 

Unlawful under 18

Term

 

Unlawful use and/or removal of theft detection shielding devices

Definition

 

Knowingly make or sell device or bag to shield merchandise from store detection

-Has to have intent to commit a theft

 

1 yr/$1000

Term

 

Immunity from Liability

(sex)

Definition

 

Any person in good faith making report has immunity from civil or criminal suit 

Term

 

Paramilitary Training

Definition

3 or more people 

Involved in public disturbances, acts of violence which causes an immediate danger or damage to person or property

Training

teaches one or more persons for above offenses

Term

 

Reporting Gunshot Wounds

Definition

Fine $50-$100

 

Every physician or person in charge of facility where treatment is taking place shall report to police at once

 

Except active military while on duty

Term

 

Disinterment of Body

Definition

 

Court order to remove

 

10 yrs/$1000

Term

 

Control Substance Transaction Death of Minor

Definition

 

Death as a result of sale, delivery, distribution of controlled substance 

 

Life Imprisoned 

Term

 

Sentence Assault or Escape by Prisoner

Definition

 

Shall run consecutively to the original term of incarceration 

Term

 

Penalty for Hazing

 

Definition

Misdemeanor 30 days to 1 year/$500

Initiation into any student organization public or private

Recklessly endangers the physical or mental health of student or person

Term

 

 

Firing Across Highway

Definition

Misdemeanor  1 yr/$500

Can't do

 

Term

 

Speedy Trial ( Sex offense)

Definition
14 or under or 65 or older
Term

 

Penalty Assault with intent to commit 1st degree sexual assault

Definition

 

3 to 20 years

Term

 

Sale of Concealable Weapons

Definition

 

7 day waiting period 

When delivered it is unloaded and securely wrapped

2 hour course required

Same for rifles and shotguns

Term

 

Assault with dangerous weapon in house

Definition

 

with intent to rob or murder within a dwelling house

 

not less than 10 years

Term

 

3rd Degree Sexual Assault

Definition

 

Over 18

14 to 16

 

not more than 5 years

Term

 

Entry to Steal Poultry

Definition

 

At night to steal poultry

 

Felony

 

Can be held for 24 hours

Term

 

Firing in a Compact Area

Definition

Can't shoot anywhere except with landowner permission

 

Misdemeanor

Term

 

Assault on persons 60 years of age or older by Caretaker causing Serious Bodily Injury 

Definition

Felony

 

Has responsible for care and treatment of victim

Healthcare facility can't condone or conceal act

Term

 

Forfeiture and Destruction of Unlawful Firearms

Definition

 

No property right shall exist in any firearm unlawfully possessed, carried or used

No Owner/Not stolen 90 Days

-destroy

-crime lab

-auction (has to be antique)

Term

 

Assault on Severely Impaired Persons Causing Serious Bodily Injury

Definition

 

Severely impaired - mental and physical impairments resulting in substantial functional limitations in 1 or more life activities 

Term

 

Obtaining Money Under False Pretenses 

Definition

 

With intent to cheat or defraud another

 

-No requirement to permanently deprive

-Crime occurs moment victim is fraudulently induced to part with money

Term

 

Weapons Other than Firearms Prohibited

Definition

Can't carry or possess

- knife 3" or longer concealed

-slingshot, billy club, brass knuckles, stun gun, dagger, stiletto, sword-in-cane

Can't sell to under 18

 

1 yr/ $1000

Term

 

Extortion

Definition

Verbal or written communication

 

Threats to place victim in peril of bodily harm, or damage to property

and

intent to compel the victim to do an act against their will

Term

 

Notification of Breach

(Banks)

Definition

-Notify within 45 days of confirmed breach

- If more than 500 residents are to be notified, need to notify AG & Major Credit reporting agencies 

 

Can be delayed if it impedes investigation

Term

 

Obstructing an Officer in Execution of Duty

Definition

 

Anyone who shall obstruct any officer while in execution of their duty

 

1 yr max/$500

Term

 

False Report of a Crime

Definition

 

False statement of crime, either oral or written form with intent that it be relied upon by a police officer

 

1 yr max/$500

Term

 

Proof of Resistance Unnecessary

(sex assault)

Definition

 

Proof isn't required

Term

 

Soliciting Incompetent Person

Definition

Misdemeanor

 

1 yr max/ $500 max

Term

 

Threats False Report or Placing Bombs in Buildings

Definition

-Places bomb in public/private building or lawful assembly 

3 yrs to 20 yrs

$1000 - $10,000

Term

 

B&E Business Place, Public Building or ship with felonious intent

Definition

 

Not adjoining to or occupied as dwelling house with intent to commit murder, rape, robbery or larceny

 

10 years max

Term

 

License to Carry

Definition

-Can't carry without permit in any motor vehicle, visible on person except home

-Can have if traveling through the state

-No sawed off

-No firearm with drug deal

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