MPTC Criminal Law Updated Set Guide Exam 2026

Evidence - -Testimony, writings, materials, objects, or other things presented to the senses that are offered to prove the existence or non existence of a fact. Direct Evidence - -Based on personal knowledge or observations. If true, proves a fact without the need of inferences or presumptions. Circumstantial Evidence - -Testimony not based on actual personal knowledge or observation of the facts in controversy, but of other facts from which deduction are drawn, showing indirectly the facts sought to be proved. Physical Evidence - -Is tangible items or materials that you can touch that are found at the crime scenes or during a search. Testimonial Evidence - -Statements made by witnesses, victims, suspects or police. Those statements may consist of personal observation/knowledge or may involve the communication of information from which one may infer facts. Exculpatory Evidence - -Evidence Helpful to the defense Reliable - -The value of physical evidence is directly related to a reliable chain of custody. How honest and real things are. Intent - -Crimes are illegal acts that violate a penal federal, state, or local law. For an act to be criminal it, must be committed with a criminal mind Relevant - -It has any tendency to make a fact more or less probable than it would be without the evidence. The fact is of consequence in determining the action. General Intent - -When the offender knowingly acts but does not necessary desire the consequences of the act. Specific Intent - -When the offender has a purposeful state of mundane to accomplish the precise criminal act Transferred Intent - -Intends to harm one person but ends up harming another. The offenders intent to harm the 1st person is transferred to harm the 2nd person. Accident - -An unexpected happening that occurs without intention or design on the suspects part. MPTC CRIMINAL LAW MPTC CRIMINAL LAW Knowingly - -With knowledge; consciously: intelligently; willfully; intentionally. Acts with awareness of the nature of his conduct. Malice - -A state of mind of cruelty, hostility, or revenge. Negligent - -The failure to use the degree of care which a reasonably prudent person would use under the circumstances. Reckless - -Know or should have known that their actions were very likely to cause substantial harm, but they can the risk anyway. Wanton - -Suspect knew would create a risk of substantial damage or destruction to another's property or conduct that a reasonable person would have realized posed a risk of substantial damage to or destruction of anothers property. Willful - -Voluntary; knowingly; deliberately; intentionally; purposely. Not accidental or involuntary. Felony - -Any crime punishable by confinement in state prison or death. 2 1/2 years or more in state prison. Misdemeanor - -Crimes that do not allow the option for confinement in the state prison. The statue of limitations for most crimes in Massachusetts is - -6 Years Statute of limitations for murder is - -No time limitation Certain sexual assaults involving children limitations is - -No time limitations Armed Robbery limitations is - -10 years Rape limitations is - -15 Years Statue of limitations - -Requires criminal charges be filed within a specific number of years from the original date of an offense. Responsible Parties - -Not limited to the person who commits the crime. People who willingly participate in the planning or execution of a crime, or interfere with offender apprehension after the fact, can also be charged Principal - -Is the person who commits the crime Accomplice (Aider or Abettor) - -Suspect knowingly and intentionally participated in some meaningful way in the commission of the offense, alone or with others and the suspect did so with the intent required for that offense. MPTC CRIMINAL LAW MPTC CRIMINAL LAW Accessory BEFORE the Fact - -Suspect is accused of having been an accessory to a felony before that felony was committed. Accessory AFTER the fact - -Suspect knows that the principle committed a felony and aids principle to avoid apprehension or punishment. Accessory AFTER the fact exceptions? - -Spouse, Parent, Grandparent, child, grandchild or brother or sister of the principle who committed the crime. Conspiracy - -Agreement. Between 2 or more people to do something unlawful. Attempted Battery - -Suspect intended to commit a battery (harmful or unpermitted touching). Victim is not afraid. Presence or warrant Threatened Battery - -Suspect intended to put victim in fear of an imminent battery (A harmful or unpermitted touching) engaged in some conduct toward the victim. Presence or Warrant Assault by dangerous weapon - -Suspect attempted a battery or threatened to commit a battery with the intent to cause fear by using a dangerous weapon. FELONY Dangerous weapon - -Instrumentality designed and constructed to produce death or great bodily harm. Deceptive weapon - -Any device that is intended to convert the presence of a rifle, shotgun, or firearm that is used in the commission of a violent crime. And which presents an objective threat of immediate death or serious bodily harm to a person. Intentional A&B - -A suspect touched another person in which they intended to do so and the touching was either likely to cause bodily harm; or was offensive. PRESENCE OR WARRANT Reckless A&B - -Intentional reckless conduct that caused injury or physical harm to another person. PRESENCE OR WARRANT A&B by dangerous weapon - -Whoever commits an assault and battery upon another by means of a dangerous weapon. Suspect touched another person with intent and was done with a dangerous weapon. FELONY Reckless A&B with dangerous weapon - -Suspect engaged in action that caused bodily injury to the victim. It was done with a dangerous weapon. Suspects action was reckless. FELONY Assault & Battery - -Touched another person with the intent to do so, likely to cause bodily harm or was offensive where there was not consent. FELONY MPTC CRIMINAL LAW MPTC CRIMINAL LAW Assault in dwelling house with dangerous weapon - -Suspect entered a dwelling while armed with a dangerous weapon, the suspect assaulted another person while inside and the assault was committed with the specific intent to commit a felony. FELONY Assault and battery by means of hypodermic syringe or needle - -Commits an assault or assault and battery by using a syringe or needle or any instrument adapted for the administration of controlled or other substances by injection. FELONY Aggravated Assault and Battery - -Results in serious bodily injury or is committed upon a person the suspect knows or has reason to know is pregnant or has an active restraining order against the suspect. FELONY Assault & Battery - -Is the intentional and unjustified use of force upon the person of another, however slight, or the intentional doing of a wanton or grossly negligent act causing personal injury to another. Robbery - -Is a larceny form a person by force and violent OR by assault and putting in fear. Larceny - -Or stealing is an unlawful taking of another's personal property with the intent to deprive that person of such property permanently. Criminal Harassment - -Whoever willfully and maliciously engages in a knowing pattern of conduct or series of acts over a period of time directed at a specific person. At least 3 separate occasions. Which seriously alarms that person and would cause a reasonable person to suffer substantial emotion distress. Stalking - -Suspects engages knowingly in a pattern of conduct or acts at least 3 incidents directed at victim that caused substantial emotional distress or a seriously alarmed or annoyed. These acts were taken willfully and maliciously. Also the suspect made a threat with the intention of placing in imminent fear of death or bodily injury. Annoying or obscene communications - -Who ever telephones another person or contacts a person by electronic communications repeatedly (3 or more times), for the sole purpose of harassing, annoying or molesting the person of family. Where or not conversation ensues. Uses indecent or obscene language to the person. WARRANT Threat to commit a crime - -Suspect expressed an intent to injure a person, or property of another, now or in the future. That the injury that was threatened if carried out would constitute a crime. That the threat could reasonably be carried out. WARRANT Witness intimidation - -Suspect willfully either directly or indirectly threatened, or caused injuries to another person that was a witness or potential witness or anyone related to a unlawful action. MPTC CRIMINAL LAW MPTC CRIMINAL LAW Larceny by embezzlement - -Suspect while in a position of trust or confidence, was entrusted with possession of personal property belonging to another person or entity. Suspect took, hid or converted to their own use without consent. Over $1200 or firearm its a FELONY otherwise warrantless in presence if under 1200. Shoplifting - -Suspect intentionally took possession of, or carried away retail merchandise without paying full value for it. WARRANTLESS with probable cause. Under 250.00 charged as shoplifting. Receiving stolen property - -Who ever buys, receives or aids in the concealment of stolen or embezzled property, knowing it to have been stolen or embezzled. DOES NOT REQUIRE PROOF OF OWNERSHIP. Receiving stolen property. Felony/misdemenor - -It is a misdemeanor if its first offense and value less than 1200. Felony if it is a second or subsequent offense or if the value of the property is more than 1200. Break & Entering - -Exerting physical force that bars entry. Where any part of the offenders body or any weapon or tool which is used to commit the intended felony, physically enters the premises. B&E with intent to commit a felony - -Enters a building, ship, vehicle with intent to commit a felony, or attempts to. Whether they succeeds or fails. Also takes place In the nighttime. FELONY B&E Misdemeanor - -Breaks/enters building, ship or vehicle during the night time with intent to commit a misdemeanor. PRESENCE for breach of peace or WARRANT. B& E Daytime with fear - -Suspect enters building, ship, or vehicle in daytime with intent to commit a felony and persons lawfully inside premise are put in fear. FELONY Unarmed Burglary - -Breaks and enters a dwelling house at night with intent to commit a felony and is not armed with a weapon and does not assault a lawful occupant. FELONY Armed Burglary - -Breaks and enters a dwelling house at night with intent to commit a felony and is armed and dangerous beforehand or arms himself after making entry or assaults a lawful occupant. FELONY Home Invasion - Entry of dwelling place; persons present - -Suspect knowingly enters dwelling of another person while armed with a dangerous weapon, knowing one or more person is inside or enters and finds out someone is inside and does not leave and uses or threatens the imminent use of force inside upon anyone inside. FELONY MPTC CRIMINAL LAW MPTC CRIMINAL LAW Defacing or damaging property (vandalism) - -Suspect painted, marked, scratched or destroyed property intentionally and did so either willfully with malice or wantonly. FELONY Wanton destruction of property - -Suspect injured or destroyed personal property, dwelling house or building of another and did so wantonly. WARRANT Malicious destruction of property - -Suspect injured or destroyed the person property, dwelling house or building of another that the suspect did so willingly and with malice. Amount of damage was more than $1,200. Over 1200 FELONY under is warrant arrest. Trespassing - -Suspect without right or permission entered or remained in a dwelling house, in a building, on a boat and was forbidden to enter or remain there by the person in lawful control. PRESENCE or WARRANT. External deck, porch, or steps to a front door are means of premise for purposes of trespass. Resisting Arrest - -Suspect prevented or attempted to prevent a police officer from making an arrest of the suspect or of another person, the suspect resisted by threatens or physical force or other means which created a substantial risk of causing bodily injury to the police officer. Offender must know they are dealing with a police officer. Disorderly Conduct - -suspect is involved in one of the following actions: Engaged in fighting or threatening, violent or tumultuous behavior, created hazardous or physical offensive condition by an act. These actions affected the public intentionally or recklessly created a public inconvenience, annoyance or alarm. PRESENCE Disturbing the Peace - -Suspect engaged in conduct which is unreasonably disruptive, done intentionally and not by accident and did in fact annoy or disturb at least one person. PRESENCE if in public Annoying or Accosting persons - -Suspect knowingly engaged in an offensive and disorderly act or acts, or offensive and disorderly language which was directed to a person. PRESENCE if in public Indecent exposure - -Suspect exposed their genitals to one or more person, which was done intentionally and was offended. Does not have to be in a public place. PRESENCE in public place. Transporting Alcoholic beverages - -Max quantities without a permit, 20 Gallons of malt beverages, 3 Gallons of alcoholic beverage, 1 Gallon of alcohol. 20-3-1 PRESENCE Open and Gross Lewdness + Lascivious behavior - -Suspect exposed his/her genitals, buttocks, or female breast to one or more persons intentionally or recklessly disregarded a substantial risk of public exposure to others. The suspects act was done in such a way was would alarm or shock a person. FELONY MPTC CRIMINAL LAW MPTC CRIMINAL LAW Lewd + Lascivious act - -Suspect committed or public solicited another person to commit a sexual act, which involved touching the genitals or buttocks or the female breasts. Done with purpose of sexual arousal or offend other people which was committed in a public place or disregarded a substantial risk of public exposure. PRESENCE if in a public place. Alcohol Incapacitation, under 21 - -Any person under 21 who in good faith seeks medical assistance for themselves or for a person who is experiencing an alcohol related incapacitation will not face criminal charges. Protective Custody Alcohol incapacitation - -Breathalyzer test results or blood is .10 or more presumed incapacitated. More than .05 and less than .10 need to conduct speech coherency test. Less than .05 person is presumed NOT to be intoxicated. Firearm Definition in MASS - -Stun gun, or pistol,revolver or any description , loaded or unloaded from which a shot or bullet can be discharged with the length of the barrel or barrels is less than 16 inches. Shotgun Definition in MASS - -Barrel length equal to or greater than 18 inches with an overall length equal to or greater than 26 inches. Possession of a firearm without a license outside a home or business - -Suspect possessed a firearm or had under their control in a vehicle outside their residence or place of business and did not have a valid license to possess a firearm outside their home or business. FELONY Demand to produce FID or LTC - -Anyone not on their property or place of business must on demand of police exhibit his license to carry firearms or FID card. FELONY Unlawful possession of firearm or ammunition - -Suspect possessed a firearm or ammunition and did not have a valid Firearm ID card. PROBABLE CAUSE Possession of a loaded firearm - -Possession of a firearm that is loaded with ammunition or bullets shall be further punished by imprisonments in the house of corrections for not more than 2.5 years which sentence begins from and after the expiration of the Sentence of unlawful possession of firearm or ammunition. This charge cannot stand alone. Machine Gun - -Weapon which multiple bullets can be fired rapidly or automatically with one continuous trigger press. FELONY Large capacity Firearm - -Any firearm, rifle, or shotgun that is semi automatic with a fixed large capacity feeding device. That accepts more than 10 rounds of ammo in a rifle or firearm and more than 5 shotgun cells in the case of a shotgun. FELONY MPTC CRIMINAL LAW Carrying firearm or dangerous weapon onto school grounds - -Excluding police, it is illegal to carry any loaded or unloaded firearm or other dangerous weapon onto school grounds. Valid LTC is not a defense. PRESENCE if amounts to breach of the peace. Carrying Loaded firearm under the influence - -Illegal to carry on ones person, or have under ones control in a vehicle a Loaded firearm while under the influence of drugs or alcohol. WARRANT Carrying a dangerous weapon - -Suspect carried on their person or under their control in a vehicle a dangerous weapon. FELONY MPTC CRIMINAL LAW