FTO Crime Elements

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Author:
malcolm390
ID:
138861
Filename:
FTO Crime Elements
Updated:
2012-03-07 12:41:07
Tags:
Law Criminal Police Training
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Description:
Commonly Encountered Criminal Laws & Elements. Based upon NC Crimes / Jessica Smith / 2007 Updates to follow.
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  1. First Degree Trespass: NCGS 14-159.12
    • A person guilty of this offense
    • 1. without authorization
    • 2. enters OR remains
    • 3. on premises of another so enclosed or secured as to demonstrate an intent to keep out intruders OR in a building of another.
  2. Second Degree Trespass: NCGS 14-159.13
    • A person guilty of this offense
    • 1. without authorization
    • 2. enters OR remains
    • 3. on premises of another
    • 4. after being notified not to be there OR when the premises are posted with a notice not to enter.
  3. Domestic Criminal Trespass: NCGS 14-134.3
    • A person guilty of this offense
    • 1. after being forbidden to enter OR ordered to leave
    • 2. by the lawful occupant
    • 3. enters OR refuses to leave
    • 4. the premises occupied by the defendant's current or former spouse or common law spouse
    • 5. at a time when the two are living apart.
  4. Communicating Threats: NCGS 14-277.1
    • A person guilty of this offense
    • 1. Without lawful authority threatens to injure another person, or that person's spouse, sibling, child, depentant or property, AND
    • 2. the threat is communicated to the victim by any means, AND
    • 3. in a manner which it is likely to be carried out, AND
    • 4. the victim believes the threat.
  5. Assault by Pointing a Gun: NCGS 14-34
    • A person guilty of this offense
    • 1. Intentionally
    • 2. points a gun at another.
  6. Felony Breaking & Entering: NCGS 14-54
    • A person guilty of this offense
    • 1. breaks OR enters
    • 2. without consent
    • 3. any building
    • 4. with the intent to commit any felony or larceny therein.
  7. Misdemeanor Breaking & Entering: NCGS 14-54(b)
    • A person guilty of this offense
    • 1. breaks OR enters
    • 2. without consent
    • 3. any building
  8. Resist / Delay / Obstruct Officer: NCGS 14-223
    • A person guilty of this offense
    • 1. Willfully
    • 2. resists OR delays OR obstructs
    • 3. a person that the defendant knows to be a public officer
    • 4. while the officer is discharging a duty of their office
  9. Unauthorized Use of Motor Vehicle: NCGS 14-72.2
    • A person guilty of this offense
    • 1. Willfully takes or operates
    • 2. a motor-propelled conveyance
    • 3. of another
    • 4. without the consent of the owner or lawful possessor.
  10. Assault on a Female: NCGS 14-33(c)(2)
    • A person guilty of this offense
    • 1. Is a male at least 18 years old, AND
    • 2. assaults
    • 3. a female
  11. Assault in the Presence of a Minor: NCGS 14-33(C)(4)
    • A person guilty of this offense
    • 1. in the course of an assault / battery / or affray
    • 2. inflicts serious injury OR uses a deadly weapon
    • 3. on a person with whom the defendant has a personal relationship, AND
    • 4. in the presence of a minor. (<18yrs)
  12. Malicious Conduct by a Prisoner: NCGS 14-258.4
    • A person guilty of this offense
    • 1. While in custody
    • 2. willfully
    • 3. throws, emits or causes to be used as a projectile
    • 4. any body fluids or excrement
    • 5. at a state or local govt. employee
    • 6. while that employee is performing his/her duties.
  13. Going Armed to the Terror of the Public: Common Law
    • A person guilty of this offense:
    • 1. arms himself with a dangerous weapon
    • 2. for the purpose of terrifying others AND
    • 3. goes about on the public highways
    • 4. in a manner to cause terror to others.
  14. 1st Degree Burglary: NCGS 14-54
    • A person guilty of this offense
    • 1. breaks, AND
    • 2. enters
    • 3. without consent
    • 4. the dwelling house or sleeping apartment
    • 5. of another
    • 6. while it is actually occupied
    • 7. at night
    • 8. with the intent to commit any felony or larceny therein.
  15. 2nd Degree Burglary: NCGS 14-52
    • A person guilty of this offense
    • 1. breaks, AND
    • 2. enters
    • 3. without consent
    • 4. the dwelling house or sleeping apartment
    • 5. of another
    • 6. at night
    • 7. with the intent to commit any felony or larceny therein.
  16. Repeatedly Using Electronic Mail or Electronic Communication for Harassment NCGS 14-196.3 (b)(2)
    • A person guilty of this offense:
    • 1. Electronically communicates to another repeatedly
    • 2. for the purpose of abusing, annoying, threatening, terrifying, harassing, or embarassing any person.
  17. Identity Theft: NCGS 14-113.20
    • A person guilty of this offense
    • 1. knowingly
    • 2. obtains, possesses, or uses
    • 3. identifying information of another person
    • 4. with the intent to fraudlently represent themself as the victim
    • 5. for the purpose of making financial transactions in the other person's name OR avoiding legal consequences OR obtaining anything of value.
  18. Assault Defined: (Overt Action)
    An overt act or attempt, or the appearance of an attempt, with force and violence, to immediately physically injure another person, with the show of force or menace of violence being sufficient to put a reasonable person in fear of immediate injury.
  19. Assault Defined: (By Show of Violence)
    • This form of assault occurs when:
    • 1. The defendant shows an apparent ability to inflict injury (even if there is no actual ability)
    • 2. The act is such that a reasonable person would fear harm from it AND,
    • 3. the act causes the victim to do something they would not have done / or not do something they would have done, such as leaving a place or taking a different route.
  20. Battery:
    The actual striking of another person.
  21. Assault Inflicting Physical Injury by Strangulation: NCGS 14-32.4(b)
    • A person guilty of this offense
    • 1. commits an assault on another person AND
    • 2. inflicts physical injury
    • 3. by strangulation.
  22. Felonious Restraint: NCGS 14-43.3
    • A person guilty of this offense
    • 1. unlawfully restrains a person
    • 2. without consent and
    • 3. transports the person by vehicle or other conveyance from the place of the initial restraint.

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