Crimes Against Persons (MCOLES Objectives) Questions and Answers
2023/2024
*Felony* - Correct Answer An offense punishable by death or imprisonment in a *state prison* for *more* than one year.*Misdemeanor* - Correct Answer An offense (*not a felony*) punishable by imprisonment or a fine.*Elements of an offense* - Correct Answer The specific criteria that must be proved in order for a person to be charged with a particular crime.*Mens rea* - Correct Answer Latin for "guilty mind." Intent to commit the crime must exist for the crime to have occurred. The only exception is strict liability crimes.*Actus reus* - Correct Answer Latin for "guilty act." An overt act must have been committed towards the perpetration of the crime. Planning or scheming (unless part of a conspiracy) is not a crime.How *intent* can be proven - Correct Answer What the defendent said or did, how they did it, or any other facts or circumstances in evidence.*Lesser included offense* - Correct Answer An offense that consists of elements that are fully contained within the necessary elements of a greater offense.*Principle* - Correct Answer The person directly responsible for a crime.*Inchoate (incomplete) offenses* - Correct Answer *1.* Attempt *2.* Conspiracy *3.* Solicitation *Attempted crime (750.92)* - Correct Answer If a person tries to commit a crime and does any act towards the commission of that crime, but fails or is prevented from
completing it:
Penalty is based on the crime attempted *Conspiracy to commit offense or legal act in illegal manner (750.157a)* - Correct
Answer If a person plans together with 1 or more persons to commit a crime:
Penalty based on the planned crime 1 / 2
*Solicitation of murder (750.157b)* - Correct Answer If a person offers, promises, or gives money, services, or anything of value to another in order to commit murder or do
something (or not do something) that would result in murder:
Life (felony) *Assault* - Correct Answer *Elements* *1.* The defendant attempted to commit a battery *or* did an act that would cause a reasonable person to fear or apprehend an immediate battery.*2.* The defendant intended to commit a battery on the victim *or* to make the victim reasonably fear an immediate battery.*3.* The defendant, at the time, had the ability to commit a battery, appeared to have the ability, or thought they had the ability.*93-Day Misdemeanor* *Child abuse* - Correct Answer When someone responsible for a child's welfare intentionally harms (or threatens to harm) that child. Harm can include physical or mental injury, sexual abuse and exploitation, and maltreatment.*Child neglect* - Correct Answer When someone responsible for a child's welfare fails to provide adequate food, clothing, shelter, or medical care OR fails to prevent an unreasonable risk to a child's health or welfare.*Contributing to the delinquency of children (750.145)* - Correct Answer If a person encourages, contributes toward, or causes any child under 17 to become neglected or delinquent so as to bring them under the jurisdiction of the juvenile division of the
probate court:
Misdemeanor (default penalty) *Ethnic intimidation (750.147b)* - Correct Answer If a person maliciously and with intent to intimidate or harass another because of that person's race, color, religion, gender, or national origin,
- causes physical contact with another,
- damages, destroys, or defaces property of another, or
- threatens by word or act to do either of the previous acts:
2-year felony/$5000 *NOTE:* sexual orientation is not covered by current statute
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