MPTC CRIMINAL LAW-UPDATED EXAM
AND ANSWERS.
Statute of limitation-Murder - Answers-No limit
Statute of limitation sexual assault involving children - Answers-No time limit but any
indictment or complaint found and filed more than 27 years after date of commission
shall be supported by independent evidence.
Statute of limitations-Armed robbery - Answers-10 years
Statute of limitations-Rape - Answers-15 years
Statute of limitations-Most offenses MGL277 SS63 - Answers-6 years
Principle - Answers-Person who commits the crime
Accessory before the fact CHP274 SS-2-3 - Answers-Someone other than the suspect
committed the felony.
Second-That the suspect was an accessory to that felony by counseling, hiring, or in
some way arranging for that person to Commit the felony and;
Third-That the suspect did so with the same intent as the principle was required to have
to be guilty of the felony.
Accessory after the fact CHP274 SS-4 - Answers-Suspects knows that the principle
committed a felony and aids principle to avoid apprehension or punishment.
Accessory after the fact does not need to have any advance knowledge of crime
committed or take part in any planning or execution of the crime.
Accessory after the fact cannot be a spouse, parent, grandparent, child, grandchild,
brother, or sister.
Accident - Answers-An unexpected happening that occurs without intention or design on
the suspects part.
Knowingly - Answers-With knowledge, consciously, intelligently, willfully, intentionally,
and individual acts knowingly when they act with awareness of the nature of their
conduct
Malice - Answers-a state of mind of cruelty, hostility, or revenge.
,Reckless - Answers-if they know or should have known that Thier actions were very
likely to cause substantial harm, but they ran the risk and did so anyway.
Wanton - Answers-conduct that the suspect knew would create a risk of substantial
damage or destruction to anothers property or conduct that a reasonable person would
have realized posed a risk of substantial damage to or destruction of anothers property.
Willful - Answers-Voluntary, knowingly, deliberate, intentional, purposeful, not accidental
of involuntary.
Felony - Answers-Sentence that could have life or death sentence
Misdomeanor - Answers-Sentence that has time in House of Corrections usually 2.5
years in length.
Conspiracy 274 S.S-7 - Answers-An AGREEMENT between TWO or more people to do
something unlawful.
1. That the suspect joined an agreement or plan with one or more persons,
2. That the purpose of the agreement was to do something unlawful,
3. That the suspect joined the conspiracy knowing of the unlawful plan and intended to
help carry it out.
Assault 265 SS-13A - Answers-types of assault
Attempted:
a. suspect intended to commit a battery. (Harmful or unpermitted touching)
b. took some overt action AND,
c. came reasonably close to committing a battery.
Threatened:
a. suspect intended to put victim in fear of an imminent battery.
b. engaged in some conduct toward the victim AND,
c. the victim reasonably perceived the conduct as imminently threatening a battery.
Right of Arrest-PRESENCE or WARRANT.
Assault by Dangerous Weapon 265 SS-15B - Answers-a. suspect attempted a battery
or threatened a battery with the intent to cause fear;
b. by using a dangerous weapon.
factors to consider dangerous weapon:
1. size, weight, shape, of item.
2. materials the item is made of.
, 3. suspect actions and intent to provoke fear with item.
4. how suspect uses the weapon.
Assault and Battery 265 SS-13A - Answers-Intentional:
a. the suspect touched another person.
b. the suspect intended to touch the other person AND,
c. the touching was either likely to cause bodily harm or was offensive.
*Assault is lessor included offense.
Reckless:
a. the suspect intentionally engaged in actions which caused bodily injury to another
b. actions amounted to reckless conduct.
Right of Arrest-PRESENCE/WARRANT
A&B by Dangerous Weapon 265 SS-15A - Answers-intentional:
a. the suspect touched another person.
b. the suspect intended to touch the other person.
c. the touching was done with a dangerous weapon.
reckless:
a. the suspect engaged in the actions that caused bodily injury to the victim.
b. the bodily injury was done with a dangerous weapon.
c. the suspects actions amounted to reckless conduct.
Right of Arrest-FELONY
Assault in a dwelling house with dangerous weapon 265 SS-18A - Answers-a. the
suspect entered a dwelling that was not thier own while armed with a dangerous
weapon.
b. the suspect assaulted another person while inside the dwelling, AND
c. the assault was committed with the specific intent to commit a felony.
RIGHT OF ARREST-FELONY
enhanced penalties for use of firearm, shotgun, rifle, or assault weapon.
Assault and assault and battery by means of hypodermic needle 265 S.S-15C -
Answers-a. commits an assault or assaulted and battery.
b. by using a hypodermic needle.
RIGHT OF ARREST-FELONY
Aggravated assault and battery 265 SS-13A - Answers-a. if it results in bodily injury OR,
b. is committed upon a person the suspect knows or has reason to know is pregnant;
OR
AND ANSWERS.
Statute of limitation-Murder - Answers-No limit
Statute of limitation sexual assault involving children - Answers-No time limit but any
indictment or complaint found and filed more than 27 years after date of commission
shall be supported by independent evidence.
Statute of limitations-Armed robbery - Answers-10 years
Statute of limitations-Rape - Answers-15 years
Statute of limitations-Most offenses MGL277 SS63 - Answers-6 years
Principle - Answers-Person who commits the crime
Accessory before the fact CHP274 SS-2-3 - Answers-Someone other than the suspect
committed the felony.
Second-That the suspect was an accessory to that felony by counseling, hiring, or in
some way arranging for that person to Commit the felony and;
Third-That the suspect did so with the same intent as the principle was required to have
to be guilty of the felony.
Accessory after the fact CHP274 SS-4 - Answers-Suspects knows that the principle
committed a felony and aids principle to avoid apprehension or punishment.
Accessory after the fact does not need to have any advance knowledge of crime
committed or take part in any planning or execution of the crime.
Accessory after the fact cannot be a spouse, parent, grandparent, child, grandchild,
brother, or sister.
Accident - Answers-An unexpected happening that occurs without intention or design on
the suspects part.
Knowingly - Answers-With knowledge, consciously, intelligently, willfully, intentionally,
and individual acts knowingly when they act with awareness of the nature of their
conduct
Malice - Answers-a state of mind of cruelty, hostility, or revenge.
,Reckless - Answers-if they know or should have known that Thier actions were very
likely to cause substantial harm, but they ran the risk and did so anyway.
Wanton - Answers-conduct that the suspect knew would create a risk of substantial
damage or destruction to anothers property or conduct that a reasonable person would
have realized posed a risk of substantial damage to or destruction of anothers property.
Willful - Answers-Voluntary, knowingly, deliberate, intentional, purposeful, not accidental
of involuntary.
Felony - Answers-Sentence that could have life or death sentence
Misdomeanor - Answers-Sentence that has time in House of Corrections usually 2.5
years in length.
Conspiracy 274 S.S-7 - Answers-An AGREEMENT between TWO or more people to do
something unlawful.
1. That the suspect joined an agreement or plan with one or more persons,
2. That the purpose of the agreement was to do something unlawful,
3. That the suspect joined the conspiracy knowing of the unlawful plan and intended to
help carry it out.
Assault 265 SS-13A - Answers-types of assault
Attempted:
a. suspect intended to commit a battery. (Harmful or unpermitted touching)
b. took some overt action AND,
c. came reasonably close to committing a battery.
Threatened:
a. suspect intended to put victim in fear of an imminent battery.
b. engaged in some conduct toward the victim AND,
c. the victim reasonably perceived the conduct as imminently threatening a battery.
Right of Arrest-PRESENCE or WARRANT.
Assault by Dangerous Weapon 265 SS-15B - Answers-a. suspect attempted a battery
or threatened a battery with the intent to cause fear;
b. by using a dangerous weapon.
factors to consider dangerous weapon:
1. size, weight, shape, of item.
2. materials the item is made of.
, 3. suspect actions and intent to provoke fear with item.
4. how suspect uses the weapon.
Assault and Battery 265 SS-13A - Answers-Intentional:
a. the suspect touched another person.
b. the suspect intended to touch the other person AND,
c. the touching was either likely to cause bodily harm or was offensive.
*Assault is lessor included offense.
Reckless:
a. the suspect intentionally engaged in actions which caused bodily injury to another
b. actions amounted to reckless conduct.
Right of Arrest-PRESENCE/WARRANT
A&B by Dangerous Weapon 265 SS-15A - Answers-intentional:
a. the suspect touched another person.
b. the suspect intended to touch the other person.
c. the touching was done with a dangerous weapon.
reckless:
a. the suspect engaged in the actions that caused bodily injury to the victim.
b. the bodily injury was done with a dangerous weapon.
c. the suspects actions amounted to reckless conduct.
Right of Arrest-FELONY
Assault in a dwelling house with dangerous weapon 265 SS-18A - Answers-a. the
suspect entered a dwelling that was not thier own while armed with a dangerous
weapon.
b. the suspect assaulted another person while inside the dwelling, AND
c. the assault was committed with the specific intent to commit a felony.
RIGHT OF ARREST-FELONY
enhanced penalties for use of firearm, shotgun, rifle, or assault weapon.
Assault and assault and battery by means of hypodermic needle 265 S.S-15C -
Answers-a. commits an assault or assaulted and battery.
b. by using a hypodermic needle.
RIGHT OF ARREST-FELONY
Aggravated assault and battery 265 SS-13A - Answers-a. if it results in bodily injury OR,
b. is committed upon a person the suspect knows or has reason to know is pregnant;
OR
