Washington Criminal Law

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Washington Criminal Law
2015-02-21 14:33:04
Criminal Law
RCW criminal law
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  1. Burglary
    Entering or remaining unlawfully in a building with intent to commit a crime against person/property therein.

    First: Armed with deadly weapon or assualt person inside, residential (class A felony)

    Second: in a building (not dwelling) (Class B Felony)
  2. Manslaughter
    First Degree: reckless, knowing,disregard causes the death of (unborn) quick child by inflicting injury upon mother of child. (class A felony)

    Second Degree: criminal negligence (class B felony)
  3. Robbery
    Unlawfully taking personal property from the person of another, or in the presence of another, against his will by use of force or threat of immediate force.

    • 1st: armed with a deadly weapon, displays what appears to be a firearm, or inflicts bodily injury.(class A felony)
    • 2nd: class b felony
  4. Lawful Use of Force by Cops
    Must be without malice and good faith belief that killing is justified when suspect threatens officer or committing violent crime and, arresting dangerous felon, preventing escape of inmate, lawful suppression of riot.
  5. CARS: 2 or More Defendants
    • Conspiracy
    • Accomplice Liability
    • Rendering Criminal Assistance

  6. Aggregation
    Individual instances of theft may be aggregated, if part of a common scheme of plan.
  7. Intoxication
    No act committed by a person while in a state of voluntary intoxication will be deemed less criminal by reason of his condition, but whenever the actual existence of any particular mental state is a necessary element to the crime, the fact of his intoxication may be taken into consideration in determining mental state.
  8. Taking A Motor Vehicle Without Permission
    1st: (chop shop) intentionally taking or driving away car of another without permission of owner and alters, removes parts, intends to sell, engaged in conspiracy to sell (class B felony)

    2nd: (joy ride) takes or drives w/o permission or voluntarily rides in car knowing it was stolen (class C felony)
  9. Obscure Sex Crimes
    Rape of a child (3 degrees: less than 12, 12-14, 14-16)

    Child Molestation (3 degrees)

    Custodial Sexual Misconduct (2 degrees)

    Communication w Minor for Immoral Purposes

    Failure to Register as sex offender
  10. Kidnapping
    Intentional abduction (restrain by secreting or using deadly force)

    First: intentionally abduct with intent to ransom, facilitate felony, inflict bodily injury or extreme mental distress, or interfere with government function.

    Second: intentional abduction.
  11. Conspiracy
    The intent and agreement to commit a crime and a substantial step taken in furtherance of the agreement by anyone of the conspirators.
  12. Homicide
    Killing a human by act/omission with death occuring at any time.

    1. Aggravated First Degree

    2. First Degree

    3. Second Degree

    4. Manslaughter 1/2

    5. Homicide by Abuse

    6. Vehicular/Watercraft Homicide

    7. Controlled Substance Homicide
  13. Lawful use of force by citizens
    Honest and reasonable belief of

    threat of imminent death or great bodily harm

    no duty to retreat

    1st aggressor loses right to self-defense.
  14. Attempt
    Intent to commit a specific crime and substantial step.

    Factual/legal impossiblity no defense.
  15. Forgery
    One commits forgery when he falsely makes, completes, or alters a written instrument or puts off as a true written instrument one he knows to be forged with the intent to injure or defraud.
  16. Possession of Stolen Property
    Receiving, retaining, possession, concealing, or disposing of stolen property, knowing that it has been stolen.
  17. Criminal Trespass

    Unlawful entering/remaining in building (1st) or premises (2nd) without intent to commit a crime.
  18. Entrapment
    Criminal design initiated by police and D had no predisposition to commit crime
  19. Mental States
    Malice: evil intent, wish, or design to vex, annoy, injure

    Intent: purposeful

    Knowledge: awareness of facts and circumstances

    Recklessness: conscious risk-taking, disregarding sucbstantial risk in gross deviation from reasonable person standard of care

    Criminal Negligence: should have known risk
  20. Merger
    Incidental to and elements of crime
  21. Aggravated First Degree Murder
    Premeditated intent and aggravating factors (murder for hire, history of DV, law enforcement official)