MCOLES Crimes Against Persons

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jmansfield106
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67527
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MCOLES Crimes Against Persons
Updated:
2011-02-20 08:45:40
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Michigan Commission on Law Enforcement Standards Crimes Against Persons KLETC
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KLETC Crimes Against Persons
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  1. Mens Rea
    Guilty Mind
  2. Actus Rea
    The guilty act
  3. Attempt
    Person intended to commit a crime, took some action to complete the crime, but failed to complete.
  4. Conspiracy
    The collaboration between two or more persons to plan and commit a crime.
  5. Solicitation
    A person through words or cations, promised or gave money, services, or anything of value to another person. The person intended that what they did would cause the felony to be committed.
  6. Assault-Misdemeanor
    Includes Assault and Battery, 1st and 2nd offense Domestic A&B,
  7. Assault-Felony
    Includes assault on any public saftey personnel, Assault w/ dangerous weapon, Assault w/ intent to murder, great bodily harm less than murder, Intent to maim, Intent to commit felony, Rob(armed/unarmed), on a third person
  8. Carjacking
    • FELONY
    • Elements
    • 1. Defendant used force or violence, or threatened force or violence, or assaulted victim.
    • 2. Defendant did so while in the course of committing a larceny of a motor vehicle.
    • 3. The victim was in lawful possession of the vehicle.
  9. CHILD ABANDONMENT
    The exposure of a child under the age of 6, in any street, field, house, or other place, with intent to injure or wholly abandone it.
  10. Child Abuse
    MCL 750.136b
    • A person 18 or younger who sustains serious physical harm, physical harm, serious mental harm, cruel abuse, or does not recieve food, clothing or shelter neccessary for the child's welfare.
    • Must be committed one of the following:
    • 1. Parent or guardian of a child
    • 2. Person who had care, custody, or authority over a child.
  11. Child Abuse
    First Degree
    • Suspect knowingly or intentionally caused serious mental or physical harm.
    • FELONY
  12. Child Abuse
    Second Degree
    • Suspect did one of the following:
    • 1.Performed a reckless act or ommision that caused serious physical or mental harm.
    • 2. Knowingly or intentionally caommitted an act likely to cause serious physical harm or mental harm to a child, regardless of whether the harm resulted.
    • 3. Knowingly or intentionally committed an act that is cruel to a child, regardless of wheter the harm resulted.
  13. Child Abuse
    Fourth Degree
    • 1 YR MISDEMEANOR
    • Suspect did one of the following:
    • 1.Ommission or reckless act caused physical harm to a child.
    • 2. Knowinly or intentionally committed an act that posed an unreasonable risk of harm or onjury to a child, regardless of whether physical harm resulted.
  14. Child Neglect
    • "Child neglect" means harm or threatened harm to a child's health or welfare by a parent, legal guardian, or any other person responsible for the child's health or welfare that occurs through either of the following:
    • (i) Negligent treatment, including the failure to provide adequate food, clothing, shelter, or medical care.
    • (ii) Placing a child at an unreasonable risk to the child's health or welfare by failure of the parent, legal guardian, or other person responsible for the child's health or welfare to intervene to eliminate that risk when that person is able to do so and has, or should have, knowledge of the risk.
  15. Conspiracy
    MCL 750.157a
    • Anyone who knowingly agrees with someone else to commit a crime is guilty of conspiracy
    • Elements:
    • 1. Defendant and one or more person knowinly agreed to commit a crime.
    • 2. Defendant specifically intended to commit or help commit that crime.
  16. Contributing to the delinquency of a minor
    MCL 750.145
    Any person who by any act, or by any word, encourage, contribute toward, cause or tend to cause any minor child under the age of 17 years to become neglected or delinquent.
  17. Criminal Sexual Conduct CSC
    MCL 750.520a
    • FELONY
    • Illegal sexual conduct comprised of four different degrees.
    • Common to all is:
    • under age 15
    • same household
    • blood affinity
    • mentally incapacitated
  18. CSC-First Degree
    FELONY
    • Penetration and one of the following:
    • 1.Victim under 13
    • Victim is age 13, 14, or 15 and one of following:
    • Resides under same household
    • Related by blood or affinity to fourth degree
    • Coerced through position of authority
    • Teacher, sub, or administor of school which the Victim is enrolled
    • Employee, contractor, non student volunteer fi school and uses the position to gain access, or establish relationship with that other person
    • Employee of state, or local govt, or federal govt assigned to provide service to school and uses the position to gain access, or establish relationship with that other person
    • 2. Uses weapon or article fashioned on a way to make victim believe it is a weapon
    • 3. During commission of felony.
    • 4. Aided by one or more the following:
    • Actor knows or reason to believe victim is mentally incapacitated, incapable, physically helpless
    • Force or coercion used
    • Force and coercion is used and victim suffers physical injury
    • Victim suffers personal injury and actor knows or has reason to believe victim is mentally incapacitated, incapable, physically helpless
    • Victim is mentally incapacitated, incapable mentally disabled, physically helpless, and one of the following:
    • Related by blood or affinity to fourth degree
    • actor is in a position of authority over the victim and used that authority over the victim and used the authority to coerce the victim.
  19. CSC-Second Degree
    FELONY
    • Sexual Contact and one of the following:
    • 1.Victim under 13
    • Victim is age 13, 14, or 15 and one of following:
    • Resides under same householdRelated by blood or affinity to fourth degreeCoerced through position of authorityTeacher, sub, or administor of school which the Victim is enrolledEmployee, contractor, non student volunteer fi school and uses the position to gain access, or establish relationship with that other personEmployee of state, or local govt, or federal govt assigned to provide service to school and uses the position to gain access, or establish relationship with that other person
    • 2. Uses weapon or article fashioned on a way to make victim believe it is a weapon
    • 3. During commission of felony.
    • 4. Aided by one or more the following:
    • -Actor knows or reason to believe victim is mentally incapacitated, incapable, physically helpless
    • -Force or coercion used
    • 5. Force and coercion used and victim suffers personal injury
    • 6. Victim suffers personal injury and actorlnow or has reason to believe that victim is mentally incapacitated, incapable, or physically helpless and one of the following:
    • -Related by blood or affinity to the fourth degree
    • -Actor is in a position of authority over the victim and used that authority to coerce the victim.
    • 8. Victim is under the jursidiction of the DOC and actor is employee or volunteers for the dept. and knows the victims status
    • 9. Victim is in jailor on probation and the actor is employee or volunteer for the county and actor knows the victims status
    • 10. Victim is being held pending a court hearing and actor is employee or volunteer of the facaility holding the victim.
  20. CSC-Third Degree
    FELONY
    • 1. Sexual Penetration and one of the following:
    • -Victim is age 13, 14, or 15 years old (statutory rape)
    • -Force or coercion is used
    • -Actor knows or reason to know victim is mentally incapacitated, incapable, or physically helpless.
    • -The two are related by blood or affinity to the third degree(incest)
    • It is an affirmitive defense to a prosecution that the other person was in a position of authority over the defendant and used this authority to coerce the defendant ot the two are lawfully married to each other at the time of the incident
    • 2. Victim is atleast 16 but less than 18( or less than 26 if a special ed student) amd a student a a schoolamd the actor is a teacher, sub, or admin. of that school. Doesnt apply if imancipated or lawfully married to each other at time.
    • 3. Employee, contractor, non student volunteer fi school and uses the position to gain access, or establish relationship with that other person
    • 4.Employee of state, or local govt, or federal govt assigned to provide service to school and uses the position to gain access, or establish relationship with that other person
  21. CSC-Fourth Degree
    HIGH COURT MISDEMEANOR
    • Sexual contact and one of the following:
    • -Victim age is 13,14, or 15 and the actor is five or more years older
    • -Force or coercion used
    • -Actor knows or has reason to believe that victim is mentally incapacitated, incapable, or physically helpless
    • -Related by blood or affinity to the third degree(incest)
    • It is an affirmitive defense to a prosecution that the other person was in a position of authority over the defendant and used this authority to coerce the defendant ot the two are lawfully married to each other at the time of the incident
    • 2. Actor is a mental health proffessional and the sexual contact occurs during or with in two years after the period in which the victim was a cleint or patient, and not thier spouse( Consent is not a defense to prosecution)
    • 3.Victim is atleast 16 but less than 18( or less than 26 if a special ed student) amd a student a a schoolamd the actor is a teacher, sub, or admin. of that school. Doesnt apply if imancipated or lawfully married to each other at time.
    • 4. Employee, contractor, non student volunteer fi school and uses the position to gain access, or establish relationship with that other person
    • 5.Employee of state, or local govt, or federal govt assigned to provide service to school and uses the position to gain access, or establish relationship with that other person
  22. Domestic Assault
    MCL 750.81
    1st offense MISD
    1 or more FELONY
    Except as otherwise provided in this section, a person who assaults an individual without a weapon and inflicts serious or aggravated injury upon that individual without intending to commit murder or to inflict great bodily harm less than murder is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.(2) Except as provided in subsection (3), an individual who assaults his or her spouse or former spouse, an individual with whom he or she has or has had a dating relationship, an individual with whom he or she has had a child in common, or a resident or former resident of the same household without a weapon and inflicts serious or aggravated injury upon that individual without intending to commit murder or to inflict great bodily harm less than murder is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.(3) An individual who commits an assault and battery in violation of subsection (2), and who has 1 or more previous convictions for assaulting or assaulting and battering his or her spouse or former spouse, an individual with whom he or she has or has had a dating relationship, an individual with whom he or she has had a child in common, or a resident or former resident of the same household, in violation of any of the following, is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,500.00,
  23. Ethnic Intimidation
    MCL 750.147b
    FELONY
    A person caused or threatened to cause physical contact with a victim or damaged, destroyed or defaced or threatened damage, destruction, or defacement of property of the victim beacause of the race, color, religion, gender, or national origin of the victim, with the intent to intimidate or harass.
  24. Homicide
    MCL 750.316-317, .321
    FELONY
    • The killing of another human being.
    • Includes the charges of:
    • -First Degree Murder
    • -Felony Murder
    • -Second Degree Murder
    • -Delivery of a Controlled Substance REsulting in Death
    • -Manslaughter
    • +Voluntary
    • +Involuntary
    • +Gross Negligence
  25. Indecent Exposure
    MCL 750.335a
    MISD/H.C. MISD
    • Knowingly makes an open or indecent exposure of his or her person or of the person of another
    • Elements:
    • 1. Defendant exposed a prohibited body part,
    • 2. Defendant knew that the body part was being exposed,
    • 3. Defendant " did this in a place under circumstances in which another person might have reasonably have been expected to observe it and which it created a substantial risk that some one might be offened or in a place where such exposure is likely to be offensive against your community's generally accepted standards of decency and morality"
    • 4. And, for the 2 year misd., the defendant was fondling him or her genital, pubic area, or buttocks,or breast.
  26. Kidnapping
    FELONY
    MCL 750.349
    • Knowingly restraining another person with the intent to do one or more of the following:
    • -Hold for ransom or reward
    • -Use as shield or hostage
    • -Engage in CSC
    • -Take that person out of state
    • -Hold in involuntary servitude
  27. Larceny from a Person
    MCL 750.357
    • (Pickpocket) Applies when the offense of larceny is committed by stealing from the person of another.
    • Felony or misdemeanor dependant upon value
  28. Obscene, Harrassing or Threatening phone calls
    MCL750.540e
    6 month MISDEMEANOR
    Anyone who maliciously uses any service provided by a telecommunications service provider with the intent to terrorize, frighten, intimidate, threaten, harass, molest, or annoy any other person, or to diturb the peace and quiet of any other person
  29. Parental Kidnapping
    MCL 750.350a
    FELONY
    Parent or guardian must take and keep a child for more than 24 hours with the intent to keep or conceal the child from another parent or legal guardian who had legal custody or visitation at the time.
  30. Robbery
    MCL 750.529-.530
    FELONY
    • Comprised of "Unarmed Robbery" and "Armed Robbery"
    • A person while in the course of committing larceny of any money or property, uses force or violence against any person who is present, or who assaults or puts the person in fear
    • FOR ARMED ADD:
    • The suspect was armed with a dangerous weapon, or an article reasonably believed to be a weapon, or represented orally or otherwise that he or she was in possesion of a dangerous weapon.
  31. Stalking
    MCL 750.411h
    1 Year MISD.
    A willful course of coduct(2 or more seperate non-continuous acts) involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested and that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested

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