Opota Midterm Exam With Elaborated
Question & Answer (100% Correct)
2.1-List the general elements of a crime. - CORRECT ANSWER--A prohibited act ("actus reus") and...
-A specific mental intent ("mens rea") that ...
-Occur at the same time ("concurrence") and...
-Bring about a particular result made unlawful by the statute ("causation)
2.1-Define the culpable mental states "purposely," "knowingly," "recklessly," and "negligently." -
CORRECT ANSWER--Purposely - A person acts purposely when it is the person's specific intention to
cause a certain result, or , when the gist of the offense is a prohibition against conduct of a certain
nature, regardless of what the offender intends to accomplish thereby, it is the offender's specific
intention to engage in conduct of that nature.
-Knowingly - A person acts knowingly, regardless of purpose, when the person is aware that the person's
conduct will probably cause a certain result or will probably be of a certain nature
-Recklessly - A person acts recklessly when, with heedless indifference to the consequences , the person
disregard a substantial and unjustifiable risk that the person's conduct is likely to cause a certain result
or is likely to cause a certain result or is likely to be a certain nature
-Negligently - A person acts negligently when, because of a substantial lapse from due care, the person
fails to perceive or avoid a risk that the person's conduct may cause result or may be of a certain nature
2.1-Identify the R.C. 2923.02 offense of Attempt to Commit an Offense according to it's elements. -
CORRECT ANSWER-It is a crime to....
-Purposely or knowingly, when such purpose or knowledge is sufficient culpability for the commission of
an offense, to ...
-Engage in conduct that, if successful, would constitute or result in the offense
2.2A-Identify the R.C. Chapter 2903 offense in the example according to the elements of that offense. -
CORRECT ANSWER--Aggravated Murder
-Murder
-Voluntary Manslaughter
,-Involuntary Manslaughter
-Reckless Homicide
-Negligent Homicide
-Aggravated Vehicular Homicide, Vehicular Homicide, Vehicular Manslaughter
-Aggravated Vehicular Assault; Vehicular Assault
-Felonious Assault
-Aggravated Assault
-Assault
-Negligent Assault
-Aggravated Menacing
-Menacing
-Menacing by stalking
Aggravated Murder - CORRECT ANSWER-No person shall purposely, and with prior calculation and
design, cause the death of another or the unlawful termination of another's pregnancy.
Murder - CORRECT ANSWER-No person shall purposely cause the death of another or the unlawful
termination of another's pregnancy.
Voluntary Manslaughter - CORRECT ANSWER-No person, while under the influence of sudden passion or
in a sudden fit of rage, either of which is brought on by serious provocation occasioned by the victim
that is reasonably sufficient to incite the person into using deadly force, shall knowingly cause the death
of another or the unlawful termination of another's pregnancy.
Involuntary Manslaughter - CORRECT ANSWER-No person shall cause the death of another or the
unlawful termination of another's pregnancy as a proximate result of the offender's committing or
attempting to commit a felony.
Reckless Homicide - CORRECT ANSWER-No person shall recklessly cause the death of another or the
unlawful termination of another's pregnancy.
,Negligent Homicide - CORRECT ANSWER-No person shall negligently cause the death of another or the
unlawful termination of another's pregnancy by means of a deadly weapon or dangerous ordnance
Aggravated vehicular homicide - vehicular homicide - vehicular manslaughter - CORRECT ANSWER-No
person, while operating or participating in the operation of a motor vehicle, motorcycle, snowmobile,
locomotive, watercraft, or aircraft, shall cause the death of another or the unlawful termination of
another's pregnancy in any of the following ways
Aggravated vehicular assault; vehicular assault - CORRECT ANSWER-No person, while operating or
participating in the operation of a motor vehicle, motorcycle, snowmobile, locomotive, watercraft, or
aircraft, shall cause serious physical harm to another person or another's unborn
Felonious Assault - CORRECT ANSWER-No person shall knowingly do either of the following:
(1) Cause serious physical harm to another or to another's unborn;
(2) Cause or attempt to cause physical harm to another or to another's unborn by means of a deadly
weapon or dangerous ordnance.
Aggravated Assault - CORRECT ANSWER-No person, while under the influence of sudden passion or in a
sudden fit of rage, either of which is brought on by serious provocation occasioned by the victim that is
reasonably sufficient to incite the person into using deadly force, shall knowingly:
(1) Cause serious physical harm to another or to another's unborn;
Assault - CORRECT ANSWER-No person shall knowingly cause or attempt to cause physical harm to
another or to another's unborn
Negligent Assault - CORRECT ANSWER-No person shall negligently, by means of a deadly weapon or
dangerous ordnance as defined in section 2923.11 of the Revised Code, cause physical harm to another
or to another's unborn
Aggravated Menacing - CORRECT ANSWER-No person shall knowingly cause another to believe that the
offender will cause serious physical harm to the person or property of the other person, the other
person's unborn, or a member of the other person's immediate family
, Menacing by Stalking - CORRECT ANSWER-No person by engaging in a pattern of conduct shall
knowingly cause another person to believe that the offender will cause physical harm to the other
person or a family or household member of the other person or cause mental distress to the other
person or a family or household member of the other person
Menacing - CORRECT ANSWER-No person shall knowingly cause another to believe that the offender will
cause physical harm to the person or property of the other person, the other person's unborn, or a
member of the other person's immediate family.
2.2A-Identify the R.C. Chapter 2905 offenses in the example according to the elements of that offense -
CORRECT ANSWER--Kidnapping
-Abduction
-Unlawful Restraint
-Criminal Child Enticement
-Trafficking in Persons
Kidnapping - CORRECT ANSWER-No person, by force, threat, or deception, or, in the case of a victim
under the age of thirteen or mentally incompetent, by any means, shall remove another from the place
where the other person is found or restrain the liberty of the other person, for any of the following
purposes:
(1) To hold for ransom, or as a shield or hostage;
(2) To facilitate the commission of any felony or flight thereafter;
(3) To terrorize, or to inflict serious physical harm on the victim or another;
(4) To engage in sexual activity, as defined in section 2907.01 of the Revised Code, with the victim
against the victim's will;
(5) To hinder, impede, or obstruct a function of government, or to force any action or concession on the
part of governmental authority
Abduction - CORRECT ANSWER-No person, without privilege to do so, shall knowingly do any of the
following:
(1) By force or threat, remove another from the place where the other person is found;
(2) By force or threat, restrain the liberty of another person under circumstances that create a risk of
physical harm to the victim or place the other person in fear;
