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Nypd 2nd Trimester Review Questions
with Well Detailed Answers 2025.
Defense Types.
Justification, Infancy, 99%/Mental Disease&Defect, Entrapment 51%
Infancy
Defendant is not criminally liable due to their age:
- less than 7: no criminal responsibility.
- 7 - 15: Juvenile Delinquency (13,14,15 certain felonies are juvenile offenders)
- 16 or older: charged as adults.
Entrapment
Occurs when a defendant is actively induced, encouraged, or lured by a public servant to commit an illegal act.
Elements of an offense
Written law - defining the offense
Act - constituting the external physical part of a crime committed by the offender.
Mental element - the offender's state of mind toward the act.
Result - injury or potential for injury produced by the act
Causal Relationship - between the unlawful act, the result, and the underlying mental element.
Attempt to commit a crime.
A change of attempt to commit a crime will reduce the charge by one class.
ex: Class A felony to Class B Felony.
Attempt
Engages in conduct which tends to effect the commission of such crime.
Forcible Touching (M)
intentionally and for no legitimate purpose, squeezes, grabs or pinches the sexual or other intimate parts of another person.
Facilitating a sex offense with a controlled substance (F)
Knowingly give victim substance without consent.
Intent to commit felony sex offense.
Lack of consent.
Mentally disabled
Mentally incapacitated
Physically helpless
a foreign object (whether or not causing physical injury) or
a finger (causing PI or SPI) into another person's
"PURV"
Penis
Urethra
Rectum
Vagina without consent.
Accessorial conduct
acting with the mental culpability for the commission of an offense.
Directs or aids another person to engage in an offense.
"acting in concert"
Individuals acting with the same mental state are both guilty of an offense.
Statute of limitations
class a and certain b felonies = no time limit
certain class b and c,d,e felony = 5 years
misdemeanor = 2 yrs
petty offense = 1 yr
Purpose of the penal law
forbid conduct that causes or threatens to cause harm.
Intent
and
Motive
the determination to an act
the desire to make you want to do a criminal act.
4 culpable mental states.
reckless - aware of and disregards risk
intentional - objective is to cause a result
criminal negligence - fails to see risk
knowingly - aware of conduct causing risk.
reckless
aware of and disregards risk
intentional
objective is to cause a result
criminal negligence
Public Lewdness (M)
Naked + intent of being observed.
Public lewdness 1st Degree (M)
naked + 19 or more + juvenile (15 or less)
Reckless Endangerment (M)
reckless + risk of PI or SPI
no injury is incurred.
Reckless endangerment (F)
Depraved indifference + risk of SPI/Death
no injury is incurred.
Menacing 2nd Degree (M)
Threat with weapons intended to cause imminent fear of PI/SPI or death.
Menacing 3rd Degree
Threat intended to cause imminent fear of PI/SPI or death
Stalking 4th Degree (M)
Cause reasonable fear of material harm to person/family or a third party.
Cause material harm by following/telephoning or initiating communication
reasonably fear that their employment, business, or career is threatened.
Stalking 3rd Degree (M)
Cause fear of PI, SPI or death; the commission of a sex offense, kidnapping, unlawful imprisonment.
Assault 3 (M)
I PI NO Intends and causes PI
R PI NO Recklessly causes PI/SPI w/o weapon
R SPI NO Recklessly causes PI with weapon
R PI YES Crim Negli causes PI/SPI with weapon
C PI YES Crim Negli no weapon = civil
C SPI YES
Assault 2 (F)
intends and causes SPI
intends and causes PI with weapon
recklessly causes SPI with weapon
Criminal Obstruction of Breathing or blood circulation (M)
intentionally block nose, mouth or nose.
Strangulation 2 (F)
Criminal obstruction of breathing + PI/unconsiousness
Strangulation 1 (F)
Criminal obstruction of breathing + SPI
Criminal Contempt (M)
intentional disobedience of lawful court mandate
Criminal Contempt (F)
violates OOP + harassing, menacing or causing fear.
aggravated criminal contempt (F)
violates OOP + intends or recklessly causes SPI or PI
Murder 1 (F)
19 yrs old and older intentionally causes death of a city employee;
witness
life sentence
serial killer
torture to death
killer for hire
Murder 1 (F)
intentionally causes death
depraved indifference causes death while attempting, committing or fleeing any of the following felonies: CARBRAKES
Criminal sexual act Aggravated Sexual Abuse kidnapping
Arson escape 1 and 2
robbery sexual abuse 1
burglary rape 1
Manslaughter 2 (F)
recklessly causes death
abortion before 24 weeks
aids suicide
manslaughter 1 (F)
custodial interference (F)
a person removes such person from the state with intent to remove them permanently
endangering the welfare of an incompetent or physically disabled person (M)
recklessly engages in conduct which is likely to be injurious to the physical, mental or moral welfare of a person who is unable to care for him or herself.
endangering the welfare of an incompetent or physically disabled person (F)
knowingly engages in conduct which is likely to be injurious to the physical mental or moral welfare of a person who is unable to care for him or herself
Abandoned Infant Protection Act
Persons unable to care for their newborn infants can anonymously leave the infant (up to 30 days old) at a hospital, police station, fire station or another safe location.
Arson (F)
Recklessly damages a building or vehicle by intentional fire or explosion. OR Intentionally fire or explosion. Multiple units in one building = one charge of arson. Abandoned buildings are considered buildings for arson.
Arson (M)
Intentionally damaging any property by starting a fire. Causing an explosion. If a building or vehicle is damaged, the charge is Arson Felony.
Possession of Burglar's Tools (M)
Possesses a tool, instrument, or article showing intent to use such item to facilitate an offense involving:
Forcible entry into premises
Larceny by physical taking
Theft of services/ phones & meters
Burglary (F)
Knowingly enters or remains unlawfully in a building with the intent to commit a crime.
Note: mere intent to commit a crime is sufficient.
Criminal Trespass ( F)
Knowingly enters or remains unlawfully in a building and possesses or knows another participant to posses:
"FREDS"
Firearm
Rifle
Explosive
Deadly weapon
Shotgun
Intentionally disables or removes telephone or teletypewriter device (TTY) to prevent a person from seeking emergency assistance.
For Passive Resistance
The appropriate charge is not resisting arrest. They may be charged obstructing governmental administration.
Obstructing Governmental Administration (M)
Person intentionally obstructs, impairs or prevents the administration of law or other government function. OR Prevents or attempts to prevent a public servant from performing official functions by:
Intimidation
Physical force
Dangerous Animal
Interference with Governmental telecommunications.
Obstructing Governmental Administration (F)
Interferes with governmental telecommunications, thereby causing SPI to another person.
O.G.A. by means of a self defense spray (F)
Intentionally causes temporary physical impairment to a PO or peace officer by discharging a self defense spray device to prevent a PO or peace officer from performing a lawful duty.
Escape (M)
A person escapes from custody having been arrested for a petty offense or misdemeanor.
Note: Attempted escape may be charged.
Escape (F)
Escapes from a detention facility.
Escapes from custody, after being charged/ convicted of felony.
Adjudicated a youth offender for a felony, escapes from custody or juvenile detention facility.
"No Sock Law"
A person using force to resist an unauthorized arrest CANNOT be charge with resisting arrest, but they CAN be charge with assault or harassment.
For Active Resistance
The appropriate charge is Resisting Arrest
Resisting Arrest (M)
Intentionally prevents or attempts to prevent a police/ peace officer from effecting an authorized arrest of himself of another.
Safeguarding Prisoners Leg restraints MUST be used when:
Forgery (F)
Intent to defraud, deceive or injure a person: he or she make or completes or alters a written instrument consisting of :
A deed
Contract
Credit Card
Public record, etc
Criminal Impersonation (F)
Impersonate PO or federal law enforcement officer with intent to commit any felony.
Impersonate physician and order a prescription to a pharmacist.
Criminal Impersonation (M)
Falsely representing: another person. an organization.
a public servant with intent to induce another to submit to such official authority or solicit funds.
Another person by communication via internet website or electronic means.
Deprive
To withhold property from a person permanently or long period of time that a major portion of its value is lost
Appropriate
To exercise control over or dispose of property
Access Device
Any credit card number, account number or personal I.D number used to obtain phone service.
Petit Larceny (M)
Stealing property valued at $1000 or less and does not fall within grand larceny categories.
Access Device
any credit card number, account number or personal ID number used to obtain phone service
Jostling (M)
in a public place, a person; places hand in area of victims pocket or handbag or crowds victim while other has hands in area of person bag.
Extortion
is not a charge, the charge is grand larceny
obtain property by placing person in fear that he does not provide property the actor will engage in certain conduct.
