Missouri Criminal Law Statutes Exam Study Guide

Missouri Criminal Law Statutes Exam Study Guide Driving While Intoxicated - Ans:-he operates a vehicle while in an intoxicated condition. Sexual Misconduct of a Child - Ans:-knowingly exposes his genitals to a child less than 15 that he knows will cause affront or alarm to the child; arousing or sexual gratification of any person including the child; knowingly coerces/induces a child less than 15 to expose their genitals; knowingly coerces/induces a child less than 15 to expose their breasts via internet or electronic means. Voluntary Act - Ans:-a bodily movement; exceptions: ©GRACEAMELIA 2024/2025 ACADEMIC YEAR. ALL RIGHTS RESERVED FIRST PUBLISH OCTOBER 2024 Page 2/18 reflex and seizures unconsciousness or sleep under hypnosis Acts Purposely - Ans:-his conscious object to engage in that conduct or to cause that result. Acts Knowingly - Ans:-aware of his conduct or that those circumstances exist; OR conduct is practically certain to cause that result. Acts Recklessly - Ans:-consciously disregards a risk; disregarding the risk constitutes a gross deviation from the standard of care of a reasonable person. Act with Criminal Negligence - Ans:-fails to be aware of risk; failure constitutes a gross deviation from the standard of care of a reasonable person. ©GRACEAMELIA 2024/2025 ACADEMIC YEAR. ALL RIGHTS RESERVED FIRST PUBLISH OCTOBER 2024 Page 3/18 Trespass, 1st Degree - Ans:-knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure. Trespass, 2nd Degree - Ans:-enters unlawfully onto the property of another. strict liability infraction Murder, 1st Degree - Ans:-knowingly causes the death of another after deliberation. Evidence of Deliberation: Planning Bad-Blood Complicated Design Failure to act. Deliberation - Ans:-Cool reflection for any length of time no matter how brief. (Planning, Bad-Blood, Complicated Design and Failure to Act.) ©GRACEAMELIA 2024/2025 ACADEMIC YEAR. ALL RIGHTS RESERVED FIRST PUBLISH OCTOBER 2024 Page 4/18 Murder, 2nd Degree - Ans:-knowingly causes the death of another; OR with the purpose of causing serious physical injury to another person he causes the death of another person; OR Felony Murder Voluntary Manslaugher - Ans:-causes the death of another person under circumstances that would constitute murder in the 2nd degree, EXCEPT he did so under the influence of sudden passion from adequate cause. Sudden Passion - Ans:-caused by and arising out of provocation which passion arises at the time of the offense and is not solely the result of former provocation. Adequate Cause - Ans:-reasonably produce a degree of passion in a person of ordinary temperament. Involuntary Manslaughter - Ans:-he recklessly causes the death of another. Mistake of Age - Ans:-child less than 14 = no defense that defendant believed child was older. ©GRACEAMELIA 2024/2025 ACADEMIC YEAR. ALL RIGHTS RESERVED FIRST PUBLISH OCTOBER 2024 Page 5/18 child less than 17 = an affirmative defense that he believed child was 17 yrs or older. consent is NOT a defense if the victim is less than 14 Statutory Rape, First Degree - Ans:-Sex with another person less than 14 yrs old. Statutory Rape, Second Degree - Ans:-21 yrs old and has sex with another person who is less than 17 yrs old. Rape, First Degree - Ans:-he has sex with another person who is: incapacitated unable to consent lacks the capacity to consent OR by forcible compulsion Forcible Compulsion - Ans:-physical force that overcomes reasonable resistance; ©GRACEAMELIA 2024/2025 ACADEMIC YEAR. ALL RIGHTS RESERVED FIRST PUBLISH OCTOBER 2024 Page 6/18 threat that places a person in fear of death, serious physical injury or kidnapping of herself or another person; use of a substance given to victim without consent which renders the victim impaired and incapable of making an informed consent to sex. Rape, Second Degree - Ans:-has sex with another person knowing he does so without that person's consent. Sexual Abuse, First Degree - Ans:-subjects another person to sexual contact when that person is incapacitated, incapable of consent, lacks capacity to consent, OR by us