Homicide, Assault, Menacing (ORC 2903)

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Author:
ElmerQ
ID:
141010
Filename:
Homicide, Assault, Menacing (ORC 2903)
Updated:
2012-03-11 18:40:29
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Dayton OH Police Academy
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Description:
Dayton Police Academy 100th Recruit Class Notes
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  1. Menacing (2903.22)
    Knowingly cause another to believe will cause physical harm to person, person's unborn, person's immediate family, person's propery
  2. Example: "I'm going to kick your butt!"
    Menacing (2903.22)
  3. Aggravated Menacing (2903.21)
    Knowingly cause another to believe will cause serious physical harm to person, person's unborn, person's immediate family, person's property
  4. Example: "I'm going to kill you and your family!"
    Aggravated Menacing (2903.21)
  5. Menacing by Stalking (2903.211)
    • Engaging in pattern of conduct knowingly to cause belief of physical harm or to cause mental distress
    • To urge/incite another to violate by engaging in pattern of conduct knowingly to cause belief of physical harm or to cause mental distress through any electronic method
    • To do either of the above with sexual motivation
  6. Define: Pattern of Conduct
    2 or more instances at a close time period
  7. Define: Mental Distress
    May need or require psychiatric treatment
  8. Negligent Assault (2903.14)
    By deadly weapon or dangerous ordnance negligently cause physical harm to another (or unborn)
  9. Assault (2903.13)
    • Knowingly cause or attempt to cause physical harm to another (or unborn)
    • Recklessly cause serious physical harm to another (or unborn)
  10. Felonious Assault (2903.11)
    • Knowingly cause serious physical harm or cause or attempt physical harm by meands of deadly weapon or dangerous ordnance
    • Knowingly HIV positive and have sex without disclosing, have sex when there is lack of mental capacity, or have sex with person under 18
  11. Aggravated Assault (2903.12)
    • Under the influence of sudden passion/fit of rage brought on by serious provocation reasonably sufficient to incite a person to use deadly force
    • Knowingly cause serious physical harm or cause or attempt physical harm by means of deadly weapon or dangerous ordnance
  12. Aggravated Vehicular Assault (2903.08)
    Cause serious physical harm while operating a vehicle recklessly
  13. Aggravated Vehicular Homicide (2903.06)
    Cause death while operating a vehicle recklessly and/or negligently
  14. Negligent Homicide (2903.05)
    Negligently cause death (or unlawfully terminate pregnancy) by means of deadly weapon or dangerous ordnance
  15. Reckless Homicide (2903.041)
    Recklessly cause death
  16. Example: pushing someone down a hill, causing their death
    Reckless Homicide (2903.041)
  17. Example: Dick Cheney - shoot and kill a person while hunting
    Negligent Homicide (2903.05)
  18. Example: leaving a handgun in access of small children, whereupon the child dies
    Negligent Homicide (2903.05)
  19. Involuntary Manslaughter (2903.04)
    Cause death (or unlawful termination of pregnancy) while commiting/attempting a felony or misdemeanor (reulatory offense)
  20. Voluntary Manslaughter (2903.03)
    While under the influence of sudden passion/fit of rage brought on by serious provocation reasonably sufficient to incite a person to use deadly force, knowingly cause death
  21. Murder (2903.02)
    Purposely cause death, but not voluntary/involuntary manslaughter
  22. Example: raping someone and then deciding to kill her
    Murder (2903.02)
  23. Aggravated Murder (2903.01)
    • Purposely with prior calculation and design cause death
    • Purposely cause death while committing, attempting, or fleeing kidnapping, rape, aggravated arson, arson, aggravated robbery, robbery, aggravated burglary, burglary, escape, trespass in habitation (when person present or likely to be present)
    • Purposely cause death of person under 13
    • Person under detention purposely causes death
    • Purposely cause death of law enforcement office knowing the officer is engaged in duties or with a specific purpose to kill the officer
  24. Example: find wife in bed with another, wait and plan murder, then kill her
    Aggravated Murder (2903.01)

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