PART IV – THE CRIMINAL STATUTES
26. Given a situation, identify any of the following crimes by its elements. (Overall objective for Part IV)
27. Identify the differences between the words "and" and "or" when used in the statutes.
28. Identify what an “element” is when examining these statutes.
29. Identify the elements of an "attempt" crime and a "conspiracy" crime.
30. Identify the terms "substantial step" and "overt act."
31. Identify the elements of and/or explain the differences between:
a. First Degree Murder.
b. Murder in the Second Degree.
c. Voluntary Manslaughter.
d. Involuntary Manslaughter.
e. First, Second, and Third Degree Assault of a Law Enforcement Officer or Emergency Personnel.
f. First, Second, and Third Degree Elder Abuse.
32. Identify the terms "aggravating" and "mitigating" as circumstances, and why they are considered in assessing the penalty for first degree murder.
33. Define the terms "deadly weapon" and "dangerous instrument."
34. Identify the definition differences between "physical injury" and "serious physical injury."
35. Identify the elements of:
a. First Degree Assault.
b. Second Degree Assault.
c. Third Degree Assault.
e. Assault While on School Property [See note in Source Document].
36. Identify what is meant by the term "consent as a defense" when used in the crimes involving unlawful restraint.
37. Identify the major differences between the crimes of kidnapping, felonious restraint, and false imprisonment.
38. Identify the specific ages and the term "forcible compulsion" that determines what specific sexual offense has been committed.
39. Identify the elements of:
a. Forcible Rape and Forcible Sodomy.
b. Statutory Rape - both degrees
c. Statutory Sodomy - both degrees
d. Sexual Assault.
e. Deviate Sexual Assault.
f. Sexual Misconduct in the First, Second, and Third Degrees.
g. Sexual Abuse
h. Child Molestation in the First and Second Degrees
40. Define the term "sexual contact" and identify the elements of the three degrees of Sexual Misconduct.
41. Identify where and how "controlled substances" are defined.
42. Identify or define the terms "actual possession" and "constructive possession" as they relate to Chapter 195 RSMo., the Missouri drug offenses.
43. Identify the elements of "possession" of a controlled substance.
44. Identify the elements of "distribution, delivery, manufacture, production, or possession with the intent to distribute, deliver, manufacture, or produce a controlled substance."
45. Identify the elements of “use or possession of drug paraphernalia.”
46. Identify the elements of “possession of imitation controlled substances.”
47. Identify the only situation where possession of a controlled substance is a misdemeanor.
48. Identify the elements of the Unlawful Distribution of a Controlled Substance to a Minor and the Unlawful Purchase or Transport of a Controlled Substance with a Minor.
49. Identify the elements of the Distribution of a Controlled Substance Near Schools and Distribution of a Controlled Substance Near Public Housing or other Government Assisted Housing.
50. Identify the elements of:
a. Robbery in the Second Degree.
b. Robbery in the First Degree.
c. Second Degree Pharmacy Robbery.
d. First Degree Pharmacy Robbery.
51. Identify the elements of:
a. Arson in the Second Degree.
b. Arson in the First Degree.
c. Knowingly Burning or Exploding.
d. Reckless Burning or Exploding.
e. Negligent Burning or Exploding.
52. Identify the elements of:
a. Burglary in the First Degree.
b. Burglary in the Second Degree.
c. Explain how and why a burglary offense could occur in a business open to the public.
d. State the aggravating circumstances that must be present to change Burglary Second to Burglary First Degree.
53. Identify the elements of:
a. Tampering in the First Degree.
b. Tampering in the Second Degree.
54. State how the tampering statutes apply to operators and passengers in stolen vehicles.
55. Identify the elements of:
a. Property Damage in the First Degree.
b. Property Damage in the Second Degree.
c. Trespass in the First Degree.
d. Trespass in the Second Degree.
56. Identify the elements of stealing.
57. Identify what value determines when stealing becomes a felony.
58. Identify how to determine the dollar value used in stealing offenses.
59. Other than the value of something, identify what other elements will make stealing a felony offense.
60. Identify the elements of:
a. Receiving Stolen Property.
b. Passing Bad Checks.
c. Fraudulent Use of a Credit Device.
61. Identify why “claim of right” applies to stealing offenses.
62. Identify what is meant by “purpose to defraud” and the significance of a ten-day letter.
63. Define the following terms:
a. Concealable Firearms.
b. Concealed Firearm.
c. Dangerous Instrument.
d. Deadly Weapon.
64. Identify the elements of:
a. Armed Criminal Action.
b. Possession, Manufacture, Transport, Repair, or Sale of Certain Weapons Prohibited.
c. Unlawful Use of Weapons.
d. Unlawful for Certain Persons to Possess Concealable Firearms.
65. Identify the elements of Peace Disturbance.
66. Identify the elements of:
a. Hindering Prosecution.
b. False Reports.
c. Resisting or interfering with Arrest.
d. Refusal to Identify as a Witness.
e. Escape or Attempted Escape from Custody.
f. Tampering With a Witness.
g. Tampering With a Victim.
h. Bribery of a Public Servant.
j. Public Servant Acceding to Corruption.
67. Identify the major differences between Resisting or Interfering with Arrest, and between Escape from Custody or Attempted Escape from Custody.
68. Identify the following terms used in and the elements of the prostitution statutes:
a. Promoting Prostitution.
c. Patronizing Prostitution.
69. Identify the elements of gambling.
70. Identify the "three-pronged test" which is used to determine whether material is obscene.
71. Identify the hours that the sale of beer of intoxicating liquors may be sold by retail establishments.
72. Identify the elements of the following liquor law violations:
a. Selling to or Procuring Intoxicating Liquor for a Minor.
b. Minor in Possession of Intoxicating Liquor.
c. Sale of Intoxicating Liquor in Less than the Original Package.
d. Failure to Keep a Closed Place.
73. Identify the elements of the Abuse and Lose statute for both those under 21 years and for
those 21 years and over [577.500 & 577.505].
74. Identify the elements of:
a. Operating a Vessel while Intoxicated.
b. Operating a Vessel with Excessive Blood Alcohol Content.
c. Motorboat Operator, Minimum Age.
75. Identify the elements of Possession of Anhydrous Ammonia [578.154].
76. Identify the requirements for legally operating an All-Terrain Vehicle.
77. Identify the elements that define what constitutes a criminal street gang.
78. Identify the punishments for participating in a criminal street gang.
79. Identify the elements of prosecution for public nuisance violations