Shared Flashcard Set

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Unit 2-2M
Off against public, justice etc
17
Law
Professional
11/15/2014

Additional Law Flashcards

 


 

Cards

Term
Bribery
Definition
• Division A
o With purpose to corrupt or improperly influence…
o A public servant of party official…
o With respect to the discharge of his/her duty…
o Whether before or after he or she is elected, appointed, qualified, employed, summoned, or sworn…
o Promise, offer, or give any valuable thing or valuable benefit
• Division B
o Knowingly…
o Solicit or accept for him/herself or another any valuable thing or valuable benefit…
o To corrupt or improperly influence him/her or another public servant or party official…
o With respect to the discharge of his/her or the other public servant’s or party official’s duty…
o Either before or after he/she is elected, appointed, qualified, employed, summoned, or sworn…
o As party official or public servant
• Division C
o With purpose to corrupt or improperly influence…
o A witness’s testimony of an official proceeding for him or herself or another person…
o Offer, promise, or give him/her or another person…
o Any valuable thing or valuable benefit…
o Either before or after he/she is subpoenaed or sworn
• Division D
o Knowingly…
o Solicit or accept for him/herself or another person any valuable thing or valuable benefit…
o To corrupt or improperly influence his/her testimony…
o Either before or after he or she is subpoenaed or sworn as a witness
(F3)
Term
Intimidation
Definition
• Knowingly and by force…
• By unlawful threat of harm to any person or property OR
• By filing, recording, or otherwise using a materially false or fraudulent writing with malicious purpose…
• In bad faith OR
• In a wanton or reckless manner…
• Attempt to influence, intimidate, or hinder…
• A public servant, party official, or witness…
• In the discharge of the person’s duty
(F3)
Term
Intimidation of Attorney, Victim, or Witness in Criminal Case or Delinquent Child Action Proceeding
Definition
• Division A
o Knowingly…
o Attempt or intimidate or hinder…
o Victim of a crime or delinquent act…
o In the filing or prosecution of criminal charges or a delinquent child action or proceeding, by reason of the person being a witness to that act OR
o Attempt to intimidate a witness to a criminal or delinquent act by reason of the person being a witness to that act
• Division B
o Knowingly…
 By force or unlawful threat of harm to any person or property OR
 By unlawful threat to commit any offense or calumny against any person
 Attempt to…
 Influence, intimidate, or hinder…
• The victim of a crime or delinquent act in the filing or prosecution of criminal charges or a delinquent child action or proceeding
• A witness to a criminal and Lincoln act by reason of a person being a witness to that act
• An attorney by reason of the attorney’s involvement in any criminal or delinquent child action or proceeding
(M1 to F3)
Term
Perjury
Definition
• Division A
o Knowingly…
o In any official proceeding…
 Make a false statement under oath or affirmation OR
 Swear or affirm the truth of a false statement previously made WHEN
o Either statement is material
(F3)
Term
Tampering with Evidence
Definition
• Knowingly…
• That an official proceeding or investigation is in progress, or is about to be or likely to be instituted…
• Alter, destroy, conceal, or remove any record, document, or thing…
o With purpose to impair its value or availability as evidence in the proceeding or investigation OR
o Make, present, or use any record, document, or thing…
• Knowing it to be false…
o With purpose to mislead a public official who is or may be engaged in such proceeding or investigation OR
o With purpose to corrupt the outcome of any such proceeding or investigation
(F3)
Term
Falsification – in Theft Offense – to Purchase Firearm
Definition
• Division A
o Knowingly…
o Make a false statement, or knowingly swear or affirm the truth of a false statement previously made when the statement is made…
 In any official proceeding OR
 With purpose to incriminate another OR
 With purpose to mislead public official in performing the public officials official function OR
 With purpose to secure payment of…
• Unemployment compensation
• Ohio Works first
• Prevention, retention, and contingency benefits and services
• Disability financial assistance, retirement benefits, and economic development assistance
• Benefits administered by a governmental agency or paid out of a public treasury
 With purpose to secure the issuance by a governmental agency of a license, permit, authorization, certificates, registration, release a provider agreement OR
 The statement is sworn or affirmed before a notary public or another person empowered to administer oaths OR
 In writing on or in connection with the report or return that is required or authorized by law OR
 Is in writing and is made with purpose to induce another to…
• Extend credit to
• Employ the offender
• Conferred degree, diploma, certificate of a attainment, award of excellence or honor on the offender
• Any other valuable benefit or distinction when the person to whom the statement is directed relies upon it to that person’s detriment OR
 Made with purpose to commit or facilitate commission of a theft offense OR
 Knowingly to a probate court, either orally or in writing in connection with any action, proceeding ETC
 Made on account form, record, stamp, label, or other writing that is required by law OR
 Made in connection with the purchase of a firearm etc…
 Made in document or instrument of writing that purports to be a judge mental, lien, or claim of indebtedness, and is filed or recorded with their secretary of state or clerk of courts
 Made an application filed with the county sheriff in order to obtain or renew a CCW or is made in an affidavit submitted to a County Sheriff to obtain a CCW on a temporary emergency basis
 Required in connection with the persons purchase of cigarettes or tobacco products in the delivery sale
• Division B
o In connection with the purchase of a firearm…
o Knowingly…
o Furnished to the seller a firearm…
 A fictitious or alter drivers, commercial driver’s license or permit
 A fictitious or altered ID card
 Any other document that contains false information about the purchasers identity
• Division C
o Knowingly…
o In an attempt to obtain a CCW
o Present to a sheriff a fictitious or alter document…
o That purports to be a certification of the person’s competence and handling a handgun
(M1 to F3)
Term
Failure to Aid a Law Enforcement Officer
Definition
• Negligently fail OR
• Refuse to aid…
• A LEO…
• When called upon for assistance in preventing or halting the commission of an offense or in apprehending or detaining an offender…
• If aid can be rendered without substantial risk of physical harm to the person giving it
(MM)
Term
Failure to Disclose Personal Information
Definition
• In a public place…
• Refuse to disclose the person’s name, address, or date of birth WHEN
• Requested by a LEO who reasonably suspects either of the following…
o The person is committing, has committed, or is about to commit a criminal offense OR
o The person witnessed any of the following…
 An offense of violence that would constitute a felony under the laws of this state OR
 A felony offense that causes or results in, or creates a substantial risk of, serious physical harm to another person or property OR
 Any attempt or conspiracy to commit, or complicity in committing, and offense under 1,2, above OR
 Any conduct reasonably indicating that any offense identified in 1 or 2 above or any attempt, conspiracy, or complicity in 3 has been, is being, or is about to be committed
(M4)
Term
Obstructing Official Business
Definition
• Without privilege to do so AND
• With purpose to prevent, delay, or obstruct the performance by a public official of any authorized act within the public official’s capacity…
• Do any act that hampers or impedes a public official in the performance of the public official’s lawful duties
(M2 to F5)
Term
Obstructing Justice
Definition
• With purpose to hinder the discovery, apprehension, prosecution, conviction, or punishment of another for crime OR
• To assist another to benefit from the commission of a crime OR
• With purpose to hinder the discovery, apprehension, prosecution, adjudication as a delinquent child, or disposition of a child for an act that if committed by an adult would be a crime OR
• To assist the child to benefit from the commission of an act that if committed by an adult would be a crime, shall…
o Harbor or conceal such other person or child OR
o Provide the other person or child of money, transportation, weapon, a disguise, or other means of avoiding discovery or apprehension OR
o Worn the other person or child of impending discovery or apprehension OR
o Destroy or conceal physical evidence of the crime or act or induce any person to withhold testimony or information or to allude legal process summoning the person to testify or supply evidence OR
o Communicate false information to any person OR
o Prevent or obstruct any person by means of force, intimidation, or deception from performing any act to aid in the discovery, apprehension, or prosecution of the other person a child
(Various, can be equal to offense if offense is a M, steps if F)
Term
Resisting Arrest
Definition
• Division A
o Recklessly or by force…
o Resist or interfere with…
o Lawful arrest…
o Of the person or another
• Division B
o Recklessly or by force…
o Resist or interfere with…
o Lawful arrest of the person or another…
o During the course of or as a result of the resistance or interference…
o Cause physical harm to a law enforcement officer
• Division C
o Recklessly or by force…
o Resist or interfere with…
o Lawful arrest of the person or another IF
 Recklessly cause physical harm to a law enforcement officer by means of a deadly weapon
 Brandish a deadly weapon
(M2 to F4)
Term
Failure to Comply with Order or Signal of Police Officer
Definition
• Division A
o Fail to comply…
o With any lawful order or direction…
o Of any police officer invested with authority to direct, control, or regulate traffic
• Division B
o Operate a motor vehicle…
o To willfully allude or flee…
o A police officer
o After receiving a visible or audible signal from a police officer to…
o Bring the person’s motor vehicle to a stop
(M1 to F3)
Term
Escape
Definition
• Division A1
o With knowledge of being detained, other than supervised release detention or being reckless in that regard…
o Purposely…
o Break or attempt to break the detention OR
o Purposely…
o Fail to return to detention…
 Following temporary leave granted for specific purpose or limited period OR
 Added the time required when serving a sentence intermittent confinement
• Division A2
o Purposely…
o While under a geographic restriction due to being sentenced…
 Will leave the geographic area OR
 Failed to return to the geographic area following a temporary leave that had been officially granted for a specific purpose or a limited amount of time
• Division A3
o Knowing that the person is under supervised released detention or being reckless in that regard…
o Purposely…
 Break or attempt to break the supervised release detention…
 Fail to return to the supervised release detention…
• Either following temporary leave granted for specific purpose or limited period OR
• At the time required when serving a sentence in intermittent confinement
(M1 to F2)
Term
Theft in Office
Definition
• Commit a theft offense…
• By public or party official…
• Who uses his or her office in need of committing the offense or permits or assents to its use in aid or committing the offense OR
• The property or service involved is owned by the state, or any other state, the United States, accounting, a municipal corporation, Township, or any political subdivision, department, or agency of them, is owned by a political party, or as part of a political campaign fund
(F5 to F3)
Term
Soliciting or Accepting Improper Compensation
Definition
• Division A
o Being a public servant…
 Knowingly…
 Solicit or accept OR
o Any person…
 Knowingly…
 Promise or give to a public servant…
o Any compensation other than as allowed by law to perform the public servants official duties, to perform any other act or service in the public service public capacity, for the general performance of the duties of the public service public office or public employment, or as a supplement to the public service public compensation OR
o Additional or greater fees or costs than are allowed by law to preform the public servant’s official duties
• Division B
o No public servant for the public servant’s own personal or business use AND
o No person for the person’s own personal or business use or for the personal or business use of a public servant or party official…
o Solicit or accept anything of value in consideration…
 Appointing or securing, maintaining, or renewing the appointment of any person to any public office, employment, or agency OR
 Preferring, or maintaining the status of, any public employee with respect to compensation, duties, placement, location, promotion, or other material aspects of employment
• Division C
o No person…
o For the benefit of a political party, campaign committee, legislative campaign fund, or political action committee or polticial contributing entity…
o Coerce any contribution in consideration…
 Appointing or securing, maintaining, or renewing the appointment of any person to any public office, employment, or agency OR
 Preferring, or maintaining the status of, any public employee with respect to compensation, duties, placement, location, promotion, or other material aspects of employment
(M1)
Term
Dereliction of Duty
Definition
• Division A
o LEO…
o Negligently…
 Fail to serve a lawful warrant without delay OR
 Fail to halt or prevent the commission of any offense, or apprehend an offender, when it is in the LEO’s power to do so alone or with available assistance
• Division B
o LE, ministerial, or judicial officer…
o Negligently…
o Fail to preform a lawful duty in a criminal case or proceeding
• Division C
o Officer having charge of a detention facility…
o Negligently…
 Allow the detention facility to become littered or unsanitary OR
 fail to provide persons confined in a detention facility with adequate food, clothing, bedding, shelter, and medical attention OR
 Fail to control an unruly prisoner, or prevent intimidation of or physical harm to a prisoner by another OR
 Allow a prisoner to escape OR
 Fail to observe any lawful and reasonable regulation for the management of the detention facility
• Division D
o Public official…
o Recklessly…
 Created deficiency OR
 Incur liability, or expand the greater sum than is appropriate by the General assembly for the use in any one year of the department, agency, or institution of the state with which the public official is connected
• Division E
o Public servant…
o Recklessly…
 Fail to perform a duty expressly imposed by law with respect to the public servant’s office OR
 Do any act expressly forbidden by law with respect to the public servant’s office
(M2)
Term
Impersonation of Peace Officer or Private Police Officer
Definition
• Division B
o Impersonate…
o A peace officer, private police officer, federal LEO, or investigator of BCI
• Division C
o By impersonating a peace officer, private police officer, federal LEO, or investigator of BCI…
o Arrest or detain any person, search any person, or search the property of any person
• Division D
o With purpose to commit an offense or facilitate the commission of an offense…
o Impersonate a peace officer, private police officer, federal LEO, or investigator of BCI
• Division E
o Commit a felony…
o While impersonating a peace officer, private police officer, federal LEO, or investigator of BCI
(M4 to F3)
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