1. Chapter Four
The Law

2. Law Concepts Common Law Centers around tradition or customs. What
has been done previously becomes the basis
for same decision today.
Case Law
The decision or interpretation of a judge
in the original case becomes the standard
for identical cases in the future.
Statute Law
Laws passed by a law making body such
as the State Legislature

3. Act of Omission
An act of omission signifies that an individual failed to do something that was required by law
Failure to report child abuse
Requiring your children to attend school
Failure to signal

4. Act of Commission
An act of commission means that an individual has carried out a physical act which is a violation of the law.
Murder
Assault
Theft

5. Utah Code Annotated (UCA)
Utah law book produced by the Utah Legislature in 1953.
Revised annually as the Legislature meets and enacts new laws.
Statutory law for the State of Utah
Numbering system – Title, Chapter, Section

6. General Provisions
Jurisdiction – the right or authority of a government entity (city, county, state) within the state to hear a case or conduct other court proceedings (executive branch).
Venue – the right of a county or district to prosecute a criminal action, i.e. to determine the proper location for a trial (judicial branch).

7. Judge orders change of venue for teen sniper defendant
Trial in fall will be moved to southeast Virginia
From Mike Ahlers CNN
Peterson Change Of Venue Motion Denied
Trial To Stay In San Mateo County
May 11 (AP)
                                       
Scott Peterson
(AP)
Peterson Defense Wants Change of Venue
Friday, April 23, 2004
                                 
Change of Venue Rejected for Iraq Case
FOSTER KLUG Associated Press

8. Statute of Limitations
Time limitations as to how long the prosecution has to begin judicial proceedings after a crime has been committed.
Capital Offense - None, prosecution can begin at any time
Felony – 4 years
Misdemeanor – 2 years
Infraction – 1 year

9. An Information
Prosecution begins when an information is filed. An information is a legal document which is filed with the appropriate court specifying what law a defendant has allegedly violated and what proof exists.

10. Principles of Criminal Responsibility - Intent
Intentionally
Knowingly
Intentionally and knowingly require proof of a guilty mind (mens rea) and a guilty act (actus reus).
Recklessly – Aware of but disregards substantial risk
Negligently – Ought to be aware of substantial risk
Traffic laws do not require intent

11. Elements of a Crime
Each crime is composed of elements, each of which must be proven in order for the defendant to be found guilty.
Elements of Theft
Unauthorized control (actus reus)
Property of another
Intent to deprive (mens rea)

12. Classification of Criminal Offenses
Felony
An offense punishable by a prison sentence.
Misdemeanor
An offense punishable by a jail sentence of up to one year.

13. Capital Felony
Death or life imprisonment. Two separate hearings take place, one is to determine guilt or innocence. The other to determine what penalty should be imposed.
Aggravated Murder

14. First Degree Felony 5 years to life imprisonment Murder
Aggravated Burglary
Aggravated Robbery
Aggravated Kidnapping
Rape

15. Second Degree Felony 1 to 15 years imprisonment Manslaughter
Kidnapping
Burglary of a Residence
Forcible Sexual Abuse
Robbery
Theft of item(s) in excess of $5000

16. Third Degree Felony
0 to 5 years imprisonment
Theft of item(s) valued between $1000-$5000
Arson with intent to defraud insurer
Aggravated Assault

17. Class A Misdemeanor
Up to one year in jail
Vehicle burglary
Theft of item(s) valued between $300-$1000
Assault on a peace officer

18. Class B Misdemeanor
Up to six months in jail
Assault
Criminal Trespass in a dwelling
Theft of item(s) valued at less than $300
Telephone harassment

19. Class C Misdemeanor Up to three months in jail Disorderly Conduct
(after a warning to stop)
Criminal Trespass
Most Traffic
Violations

20. Infraction
No jail sentence
Disorderly Conduct (where no warning has occurred)

21. Inchoate Offenses
An offense which has not been completed or finished.
Punishable one degree less than if the crime had been completed
Attempt
Conspiracy

22. Attempt
The offender began to commit the crime but was unable to complete it.
Need evidence that the defendant had engaged in conduct which constituted a substantial step toward the commission of the crime.
Actions taken by defendant must clearly indicate the intent to commit illegal act.

23. Conspiracy
An agreement with one or more others persons to commit a crime.
One of those involved in the agreement must then commit a covert act that would further the conspiracy

24. Crimes Against Persons
Criminal Homicide
Kidnapping
Rape
Assault

25. Criminal Homicide Aggravated Murder Murder Manslaughter
Negligent Homicide
Automobile Homicide
A judge or jury will decide what type of criminal homicide has occurred

26. Kidnapping
Intentionally restrains another for any period of time
Without authority of law
Against the will of the victim

27. Rape
A person commits rape when the actor has sexual intercourse with another person without the victim’s consent.
In Utah, persons under the age of 14 cannot consent as a matter of law.
A person who is legally separated from a spouse is considered to be unmarried.

28. Assault
An attempt, with unlawful force or violence
A threat, accompanied by a show of immediate show of force or violence
An act committed with unlawful force or violence that causes a substantial risk of bodily injury

29. Crimes Against Property
Arson
Criminal Mischief
Burglary
Vehicle Burglary
Criminal Trespass
Robbery
Theft

30. Arson
Damages property by means of fire or explosives

31. Criminal Mischief
Commonly known as vandalism
Damages defaces or destroys property
Tampers with property of another and thereby recklessly endangers human life

32. Burglary
Enters or remains unlawfully
Building or portion of a building
Intent to commit a felony, theft or assault

33. Vehicle Burglary
Unlawfully enters a vehicle
Intent to commit a felony or theft

34. Enters or remains unlawfully on property
Criminal Trespass
Enters or remains unlawfully on property
Is reckless as to whether his presence will cause fear for the safety of another

35. Robbery
Unlawful and intentional taking of property in possession of another
From person or immediate presence
Against his will
Accomplished by means of force or fear
No weapon needed

36. Theft Unauthorized control Property of another Intent to deprive
Classification determined
by value of property

37. Crimes Against Government and Public Order
Interfering with Arrest
Obstruction of Justice
False Report of a Crime
False Personal Information

38. Interfering With Arrest
Having knowledge that a peace officer is seeking to effect a lawful arrest and interferes with such arrest by use of force or use of a weapon.

39. Obstructing Justice With intent to hinder, prevent,
delay the discovery, apprehension, prosecution, conviction or punishment:
Warns offender of impending
discovery
Conceals, destroys or alters
any physical evidence

40. False Report of a Crime
Knowingly gives false information with a purpose on inducing the officer to believe that another has committed an offense.

41. False Personal Information
Knowingly gives a false name, date of birth or address to a peace officer in the lawful discharge of his duties.

42. Crimes Against Public Order & Decency
Disorderly Conduct
Electronic Communication Harassment
Intoxication
Lewdness

43. Disorderly Conduct
Refuses to comply with the lawful order of the police to move from a public place
Engages in fighting or in violent, tumultuous, or threatening behavior
Foul and abusive language or obscene gestures that are offensive to others

44. Electronic Communication Harassment
Makes a telephone call, sends a text message or , whether or not a conversation ensues, with intent to:
Annoy
Alarm
Intimidate
Offend
Abuse
Threaten
Harass
Frighten

45. Intoxication
Under the influence of alcohol, controlled substance, or any substance releasing toxic vapors
To a degree that may endanger himself or another
In a public or private place where it unreasonably disturbs other people
Officer choice of detoxification center or jail

46. Exposes his/her genitals or private parts in a public place
Lewdness
Exposes his/her genitals or private parts in a public place

47. Offenses Against Public Health, Safety, Welfare and Morals
Weapons violations
Controlled substances
Alcohol related offenses

48. Definition of a Firearm
Any device that could be use as a dangerous weapon from which is expelled a projectile by action of an explosive

49. Restrictions on Firearm Possession
Not a citizen of the U.S.
Convicted of any crime of violence
Addicted to the use of any narcotic drug
Declared mentally incompetent

50. Possession of Dangerous Weapon by a Minor
A minor under eighteen years of age may not possess a dangerous weapon without permission of a parent or guardian.

51. Carrying Loaded Firearm in Vehicle
Unless authorized by law, a person may not carry a loaded firearm in a vehicle
Concealed weapon in vehicle also illegal, even if unloaded

52. Brandishing a Weapon
Any person, not in self defense, draws or displays any dangerous weapon in an angry or threatening manner

53. Controlled Substance
Unlawful for any person knowingly and intentionally to possess/use a controlled substance
Drug Free School Zone

54. Possession of Alcohol by Minor
Unlawful for any person under 21 to possess, consume, purchase any alcoholic beverage or product
Dram Shop Act

55. Unlawful Acts About a School
Unlawful for any person to loiter, wander, stroll, trespass on any school campus without having some form of lawful business.
Must check in at school immediately upon arrival

56. Expungement
The intentional sealing or destruction of a criminal record
Court may not expunge conviction for:
Capital felony
First degree felony
Second degree forcible felony
Any sexual act against a minor
Expungement considered after following time frame:
7 years – felony
6 years – alcohol related traffic offense
5 years – class A misdemeanor
3 years – other misdemeanor or infraction

57. The End