Types Of Crime: Assault And Crimes Against The Person

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Types of Crime:Assault and Crimes Against the PersonCourseLawEnforcement IRationaleA police officer will respond to assault calls. He must be able to distinguishthe call as an assault to file the appropriate charges.Unit VICrime andPunishmentObjectivesThe student will be able to:1. Discuss what the elements of assault and other crimes against theperson are.2. Role play the different crimes.3. Critique the work of other students and determine if they portrayed thecrimes accurately.EssentialQuestionWhat are thedifferences inthe levels ofassaults,abandoning achild, deadlyconduct, andterroristic threatcharges?TEKS§130.293(c)(7)(A)(B)(D)Prior StudentLearningBasics ofCriminal LawEstimated time5 to 7 hoursEngageHas anyone witnessed or been a victim of domestic violence? If so, whatkind of effect does it have on a family? How does it affect small kids?Key PointsI. Assault – A criminal charge involving violence, it may be a misdemeanor ora felonyA. Review1. Misdemeanor – crime less severe than a felony, usuallypunishable by up to one year2. Felony – most serious crimes, typically punishable by a year ormore3. Levels of assault from least to most severe:a. Class C Misdemeanorb. Class B Misdemeanorc. Class A Misdemeanord. 3rd Degree Felonye. 2nd Degree Felonyf. 1st Degree FelonyB. Levels of Assault1. Class C Misdemeanora. The actor:i. intentionally or knowinglyii. causes physical contact with anotheriii. should know that the contact would offend the personORb. The actor:i. intentionally or knowinglyii. threatens another with imminent (“now”) bodily injuryiii. If the victim is 65 or older or disabled and they areoffended, it is a Class A Misdemeanor1Copyright Texas Education Agency, 2011. All rights reserved.

2. Class B Misdemeanora. If the victim is performing duties as a sports participant(referee)3. Class A Misdemeanora. The actor:i. intentionally, knowingly, or recklesslyii. causes bodily injury to another4. Third Degree Felonya. Class A Misdemeanor and:i. The victim is a public servant performing their duties(and the actor known)ORb. The actor has assaulted a family member and has aprevious conviction of family violencec. What constitutes a family member?i. individuals related by blood or marriageii. individuals who are former spousesiii. nw on o(nono)iv. roommates and former roommatesv. a dating relationshipd. A dating relationship is based on:i. length of the relationshipii. nature of the relationshipiii. frequency and type of interaction between the personsinvolvedC. Aggravated Assault1. 2nd Degree Felonya. the actor commits assault and:b. causes serious bodily injuryORc. uses or exhibits a deadly weaponst2. 1 Degree Felony (any one of the following)a. if victim is a family member and there is serious bodily injurycaused by a deadly weapon (anything that in the manner ofits use is capable of causing death or serious bodily injury)b. the actor is a public servant acting under the color of theiremploymentc. servant or a security officer performing their duties and theactor knows thisd. The act is retaliation against a person for reporting a crimeD. Abandoning or Endangering a Child1. Definitionsa. Child – under 15 years of ageb. Abandon – to leave a child without providing necessary carewhen a reasonable person would not2. State Jail Felony2Copyright Texas Education Agency, 2011. All rights reserved.

a. The actor abandons the child where there is a risk of harmbut intends to return3. 3rd Degree Felonya. Same as the State Jail Felony but the actor does not intendto come back for the childnd4. 2 Degree Felonya. When the actori. abandons the childii. risk of imminent danger of death, bodily injury orphysical/mental impairmentE. Deadly Conduct1. Class A Misdemeanora. When the actor recklessly engages in conduct that placesanother in imminent danger of serious bodily injuryb. Example: cutting brake line on a car2. Recklessness is presumed if the actor knowingly points a firearmat or in the direction of another person:a. it does not matter if the actor knows if it is loaded or notrd3. 3 Degree Felonya. The actor knowingly discharges a firearm at or in the directionof:i. one or more peopleii. a habitation, building, or vehicleF. Terroristic Threat1. When the actor threatens to commit any offense involvingviolence to any person or property with the intent to:a. cause a reaction by emergency services personnelb. Class B Misdemeanor2. Places any person in fear of imminent serious bodily injurya. Class B Misdemeanorb. Class A Misdemeanor if the victim is a family member or apublic servant3. Places the public in fear of serious bodily injury, interrupts publicutilities, or influences the federal governmenta. 3rd Degree FelonyActivitiesCrime Reenactment ActivityThe class is divided into groups and given 5 different crimes to act out. Eachgroup has to cover all 5 of their crimes. It can be done in 1 skit or dividedinto more than one skit. If the group chooses to do 1 skit per crime, then noteveryone has to be in every skit. No actual crimes are allowed to becommitted. The students may grade their own group members and eachgroup as a whole using the group and peer evaluation rubrics.AssessmentsAssault and Other Crimes Quiz (Open Note)3Copyright Texas Education Agency, 2011. All rights reserved.

Assault and Other Crimes ExamRole Play RubricGroup Evaluation RubricPeer Evaluation RubricMaterialsCrime Reenactment Activity Group AssignmentsAssault and Other Crimes PowerPointResourcesTexas Penal Code: es/assault/Accommodations for Learning DifferencesFor reinforcement, students find articles in the newspaper or online aboutcrimes involving assault, aggravated assault, abandoning or endangering achild, deadly conduct, or terroristic threat and determine which chargeshould be used and why.For enrichment, students put themselves in the place of a battered wifetrying to get out of an abusive situation with her two young children. She isestranged from her family, does not have a job, and has no friends.Students will write a one page paper explaining why she is in this situationand what she can do to get out of it safely.State Education StandardsTexas Essential Knowledge and Skills§130.293. Law Enforcement I (One to Two Credits)(7) The student analyzes procedural and substantive criminal law. Thestudent is expected to:(A) define crime categories and respective punishments;(B) analyze the elements of criminal acts;(D) analyze types of criminal defenses.College and Career Readiness StandardsSocial Studies StandardsIV. Analysis, Synthesis, and Evaluation of InformationC. Critical Listening1. Understand and interpret presentations (e.g., speeches,lectures, informal presentations) critically.4Copyright Texas Education Agency, 2011. All rights reserved.

Assault Reenactment Activity Group AssignmentsGroup 1Class C Assault – offended3rd Degree Felony Assault – public servant1st Degree Felony Assault – Seriously Bodily Injury (SBI) and the victim is a public servant3rd Degree Felony Deadly ConductClass B Terroristic Threat – Class B imminent SBIGroup 2Class C Assault – imminent3rd Degree Felony Assault – victim is family member and offender has previous conviction offamily violence1st Degree Felony Assault – SBI and the offender is a public servantAbandoning a Child – State Jail FelonyClass A Terroristic Threat – imminent SBI and victim is family member or public servantGroup 3Class B Assault2nd Degree Felony Assault – SBI1st Degree Felony Assault – SBI for retaliation against a witness3rd Degree Felony – Abandoning a Child3rd Degree Felony Terroristic Threat – places public in fear of SBIGroup 4Class A Assault – Class C to 65 or older2nd Degree Felony Assault – Deadly WeaponClass A Assault – Deadly Conduct3rd Degree Felony Terroristic Threat – interrupts public utilities2nd Degree Felony – Abandoning a ChildGroup 5Class A Assault – bodily injury1st Degree Felony Assault – deadly weapon and SBI to family memberClass A Deadly ConductClass B Terroristic Threat – reaction by emergency personal3rd Degree Felony Terroristic Threat – influences federal government5Copyright Texas Education Agency, 2011. All rights reserved.

Name:Date:Assault and Crimes Against the Person Exam1) Which of the following would be considered a family member?a) Long time boyfriend/girlfriendb) A spousec) Grandparentd) b and c onlye) All of the above2) A brother assaults his sister, causing bodily injury. The sister calls the police whodetermine that the brother needs to go to jail. The police first have to get a judge tosign a warrant before they can arrest the brother.a) Trueb) False3) Johnny and Jenny are married. Jenny gets a baseball bat and hits Johnny in the head,knocking him out. Johnny is taken to the hospital and it is determined that he hasbrain damage. Jenny will go to jail for?a) 1st Degree Aggravated Assaultb) 2nd Degree Aggravated Assaultc) 3rd Degree Deadly Conductd) Class A Assault4) Jenny takes her 10 year old son, Johnny Jr., to the rail station and intentionally leaveshim while he is playing on the railroad tracks during rush hour time. Jenny committed?a) Abandoning – State Jail Felonyb) Abandoning – 3rd Degree Felonyc) Abandoning – 2nd Degree Felonyd) Abandoning – 1st Degree Felony5) Jenny takes Johnny Jr. to McDonald's and intentionally leaves him on the playground.This is the last time Jenny ever wants to see Johnny Jr. Jenny should be arrested for?a) Abandoning – State Jail Felonyb) Abandoning – 3rd Degree Felonyc) Abandoning – 2nd Degree Felonyd) Abandoning – 1st Degree Felony6) Jenny takes Johnny, Jr. to a park and intentionally leaves him while she does someerrands. A police officer finds Johnny Jr. 30 minutes before Jenny returns. What hasJenny committed?a) Abandoning – State Jail Felonyb) Abandoning – 3rd Degree Felonyc) Abandoning – 2nd Degree Felonyd) Abandoning – 1st Degree Felony6Copyright Texas Education Agency, 2011. All rights reserved.

7) Jenny attacks Jennifer and puts her in a headlock. Jenny punches Jennifer in the eyecausing it to swell and turn black. Jenny committed?a) Class C Assaultb) Class B Assaultc) Class A Assaultd) 3rd Degree Felony Assault8) Johnny and Jimmy shared a room in a college dorm. One day, they began to argueabout Johnny's smoking habit. This led Jo o , “Ion oown onn !” Jo n Jo nnJo nnoout of the way just in time. What offense has Jimmy committed?a) no offenseb) Class C Assaultc) Class B Terroristic Threatsd) Class A Assault9) Jenny and Johnny are boyfriend and girlfriend and got into an argument. Jennyslapped Johnny on the face and offended him but did not hurt him. What did Jennycommit?a) no offenseb) Class C Assaultc) Class B Terroristic Threatsd) Class A Assault10) Johnny was a police officer, in uniform and on duty. He arrested Jimmy for sellingdrugs. While waiting to be booked in at the jail, Jimmy uttered a lewd comment aboutthe female booking clerk who, unbeknownst to him, was Johnny's baby sister.Johnny reacted by punching Jimmy in the stomach which ruptured his spleen,requiring emergency surgery. What offense should Johnny be charge with?a) Class A Assaultb) 2nd Degree Aggravated Assaultc) 1st Degree Aggravated Assaultd) Class A Deadly Conduct11) Johnny and Jimmy were neighbors. One day, Jimmy decided to play a joke onJohnny. He replaced the butane in Johnny's lighter with gasoline, thinking thatJohnny would enjoy a real bang the next time he lit up. That same day, Johnny gaveup smoking and the switch was not discovered until months later when the gasolinestarted to leak out. What offense can Jimmy be charged with?a) Class A Assaultb) 2nd Degree Aggravated Assaultc) Class B Terroristic Threatd) Class A Deadly Conduct12) Johnny was a 17 year old student. He was angry with his school for flunking theoo. Hw“Jo nn Rnge.” T,7Copyright Texas Education Agency, 2011. All rights reserved.

full names of 12 teachers and 6 fellow students who were going to die very soon.What offense should Johnny be charged with?a) Class A Assaultb) 2nd Degree Aggravated Assaultc) Class B Terroristic Threatd) Class A Deadly Conduct13) You are a peace officer working in uniform for Wal Mart. You spot Johnny and stophim to inquire about the odd bulge in his mid-section. Johnny bites you on the armbreaking the skin and races out the door. When he is finally found minutes later in theparking lot, the bulge is gone. It is never established what the bulge was. You cancharge Johnny with what offense?a) 3rd Degree Felony Assaultb) 2nd Degree Felony Assaultc) 1st Degree Felony Assaultd) Class A Assault14) Johnny and Jenny got into an argument. During the course of the argument Johnny, “Ion oono ;woo o nn .” J nnbelieves he would do it. They are married. You can charge Johnny with what?a) Class A Terroristic Threatb) Class C Assaultc) Class B Terroristic Threatd) 2nd Degree Aggravated Assault15) Jenny and Jennifer are roommates. Jenny has been convicted of assaulting herbrother in the past. Jenny attacks Jennifer after an argument and scratches Jennifer'sarms up. Jenny will be convicted of?a) Class C Assaultb) Class B Assaultc) Class A Assaultd) 3rd Degree Felony Assault16) Jo nn o nn Jnlife. Johnny committed?a) Class C Assaultb) Class A Assaultc) Aggravated Assaultd) 3rd Degree Deadly Conduct“Ionoko .” Jo17) Johnny and Jenny had been drinking and started to fight. Johnny got a butcher knifefrom the kitchen and, while waving it around, stumbled into Jenny causing a stabwound to the stomach. The most serious charge that can be leveled against Johnnyis what?a) 3rd Degree Felony Deadly Conductb) 2nd Degree Felony Aggravated Assault8Copyright Texas Education Agency, 2011. All rights reserved.

c) Class B Terroristic Threatsd) Class A Assault18) Johnny is 70 years old. Jenny is 30 years old. Johnny and Jenny get into a verbalargument and Jenny pushes Johnny. Johnny is offended. What is Jenny guilty of?a) Class C Assaultb) Class A Assaultc) Class B Terroristic Threatd) Class B Assault19) Johnny is joy riding with his friends and decides to drive by his ex-girlfriend's house.While Johnny and his friends drive by the house, Johnny shoots his ex-girlfriends carwith a handgun 10 times. Johnny just committed?a) 2nd Degree Aggravated Assaultb) Class B Terroristic Threatc) 1st Degree Aggravated Assaultd) 3rd Degree Felony Deadly Conduct20) Jenny's 8 year old son is playing in a soccer game. The referee makes a call againstJenny's son that she does not agree with. Jenny charges the field and pushed thereferee to the ground causing him to be offended. Jenny is guilty of?a) Class C Assaultb) Class A Assaultc) Class B Terroristic Threatd) Class B Assault9Copyright Texas Education Agency, 2011. All rights reserved.

Assault and Crimes Against the Person Exam Key1. E2. B3. A4. C5. B6. A7. C8. B9. B10. C11. D12. C13. A14. A15. D16. C17. B18. B19. D20. D10Copyright Texas Education Agency, 2011. All rights reserved.

Name:Date:Assault and Crimes Against the Person QuizThere are two types of Class C Assault. What are the elements of the first one we studied?1.2.3.What are the elements of the other Class C Assault we studied?4.5.If a person is 65 or older and they are offended, what does the punishment become?6.What is the victim in a Class B Misdemeanor Assault?7.What are the elements of a Class A Misdemeanor Assault?8.9.What are the two things that make an assault a 3rd Degree Felony?10.11.What are the five things that constitute a family member?12.13.14.11Copyright Texas Education Agency, 2011. All rights reserved.

15.16.What is a dating relationship based on?17.18.19.What makes an assault an aggravated assault?20.21.When is an aggravated assault a 1st Degree Felony?22.23.24.25.When it comes to abandoning or endangering a child, under what age is someone considered achild?26.When an actor abandons a child where there is risk of harm and does not intend to return, whatis the punishment?27.When an actor abandons a child and there is a risk of imminent danger of death, bodily injury, orphysical or mental impairment, what is the punishment?28.What is the punishment when an actor abandons a child where there is risk of harm but intendsto return?29.12Copyright Texas Education Agency, 2011. All rights reserved.

Deadly conduct is a Class A Misdemeanor when the actor places another in imminent danger ofwhat?30.What is presumed if an actor knowingly points a firearm at or in the direction of another person?31.Deadly conduct is a 3rd Degree Felony when the actor knowingly discharges a firearm at or inthe direction of what?32.33.34.35.What is the punishment level when someone wants to cause a reaction by emergency servicespersonal and threatens to commit violence?36.A Terroristic Threat is a Class B Misdemeanor when any person is placed in fear of what?37.When number 37 happens to a family member, what is the punishment?38.A Terroristic Threat is a 3rd Degree Felony when the actor does any one of what three things?39.40.41.13Copyright Texas Education Agency, 2011. All rights reserved.

Assault and Other Crimes Open Note Quiz Key1. Intentionally or knowingly2. Causes physical contact with another3. And they are offended4. Intentionally or knowingly5. Threatens another with imminent bodily injury6. Class a misdemeanor7. A sports participant8. Intentionally, knowingly, or recklessly9. Cause bodily injury to another10. The victim is a public servant11. The actor assaults a family member and has a previous conviction of family violence12. Related by blood or marriage13. Former spouses14. Parents of the same child15. Roommates or former roommates16. Dating relationship17. Length of the relationship18. Nature of the relationship19. Frequency and type of interaction20. Causes serious bodily injury21. Uses or exhibits a deadly weapon22. The actor uses a deadly weapon and causes serious bodily to a family member23. The actor is a public servant acting under the color of employment24. The victim is a public servant or security officer performing their duties and theactor knows this25. Retaliation against a person for reporting a crime26. 1527. 3rd Degree Felony28. 2nd Degree Felony29. State Jail Felony30. Serious Bodily Injury31. Recklessness32. One or more people33. A habitation34. A building35. A vehicle36. Class B Misdemeanor37. Imminent Serious Bodily Injury38. Class A Misdemeanor39. Places the public in fear of serious bodily injury40. Interrupts public utilities41. Influences the federal government14Copyright Texas Education Agency, 2011. All rights reserved.

NameDateGroup EvaluationGroup 1Did the group take the assignment seriously?No12345679Yes10Could you tell what the group was trying to portray?No123456789Yes10Was the group portrayal creative?No1234569Yes109Yes107Did the group include the correct elements?No1234567888Would you like to see this group demonstrate their talent for you in the future?NoYes12345678910Total ScoreGroup 2Did the group take the assignment seriously?No12345678Could you tell what the group was trying to portray?No12345678Was the group portrayal creative?No1234567Did the group include the correct elements?No1234567889Yes109Yes109Yes109Yes10Would you like to see this group demonstrate their talent for you in the future?NoYes12345678910Total Score15Copyright Texas Education Agency, 2011. All rights reserved.

Group 3Did the group take the assignment seriously?No12345679Yes10Could you tell what the group was trying to portray?No123456789Yes10Was the group portrayal creative?No12345689Yes1089Yes107Did the group include the correct elements?No12345678Would you like to see this group demonstrate their talent for you in the future?NoYes12345678910Total ScoreGroup 4Did the group take the assignment seriously?No12345679Yes10Could you tell what the group was trying to portray?No123456789Yes10Was the group portrayal creative?No12345689Yes1089Yes107Did the group include the correct elements?No12345678Would you like to see this group demonstrate their talent for you in the future?NoYes12345678910Total Score16Copyright Texas Education Agency, 2011. All rights reserved.

Group 5Did the group take the assignment seriously?No12345679Yes10Could you tell what the group was trying to portray?No123456789Yes10Was the group portrayal creative?No12345689Yes1089Yes107Did the group include the correct elements?No12345678Would you like to see this group demonstrate their talent for you in the future?NoYes12345678910Total ScoreGroup 6Did the group take the assignment seriously?No123456789Yes10Could you tell what the group was trying to portray?No123456789Yes10Was the group portrayal creative?No12345689Yes1089Yes107Did the group include the correct elements?No1234567Would you like to see this group demonstrate their talent for you in the future?NoYes12345678910Total Score17Copyright Texas Education Agency, 2011. All rights reserved.

Your Name Your Group NumberPeer Evaluation1) Name of StudentAt what level of seriousness did they take this activity?Not Very SeriousVery Serious01234Did they make a significant contribution to the brainstorming process?NoYes01234Did they make a significant contribution to preparing for the skit?NoYes01234What was the level of their participation in the skit(s)?NoneA Lot01234Would you want to work with this person in a group again based ontheir level of productivity?NoYes01234Total Score2) Name of StudentAt what level of seriousness did they take this activity?Not Very SeriousVery Serious01234Did they make a significant contribution to the brainstorming process?NoYes01234Did they make a significant contribution to preparing for the skit?NoYes01234What was the level of their participation in the skit(s)?NoneA Lot01234Would you want to work with this person in a group again based ontheir level of productivity?NoYes01234Total Score18Copyright Texas Education Agency, 2011. All rights reserved.

3) Name of StudentAt what level of seriousness did they take this activity?Not Very SeriousVery Serious01234Did they make a significant contribution to the brainstorming process?NoYes01234Did they make a significant contribution to preparing for the skit?NoYes01234What was the level of their participation in the skit(s)?NoneA Lot01234Would you want to work with this person in a group again based ontheir level of productivity?NoYes01234Total Score4) Name of StudentAt what level of seriousness did they take this activity?Not Very SeriousVery Serious01234Did they make a significant contribution to the brainstorming process?NoYes01234Did they make a significant contribution to preparing for the skit?NoYes01234What was the level of their participation in the skit(s)?NoneA Lot01234Would you want to work with this person in a group again based ontheir level of productivity?NoYes01234Total Score19Copyright Texas Education Agency, 2011. All rights reserved.

5) Name of StudentAt what level of seriousness did they take this activity?Not Very SeriousVery Serious01234Did they make a significant contribution to the brainstorming process?NoYes01234Did they make a significant contribution to preparing for the skit?NoYes01234What was the level of their participation in the skit(s)?NoneA Lot01234Would you want to work with this person in a group again based ontheir level of productivity?NoYes01234Total Score6) Name of StudentAt what level of seriousness did they take this activity?Not Very SeriousVery Serious01234Did they make a significant contribution to the brainstorming process?NoYes01234Did they make a significant contribution to preparing for the skit?NoYes01234What was the level of their participation in the skit(s)?NoneA Lot01234Would you want to work with this person in a group again based ontheir level of productivity?NoYes01234Total Score20Copyright Texas Education Agency, 2011. All rights reserved.

Name:Date:Role Play RubricObjectives4 pts.Excellent3 pts.Good2 pts. Needs SomeImprovement1 pt. Needs MuchImprovementN/APts.Relates to the audienceProvides fluent rendition of thescenarioAll required content is includedActs with feeling and expressionVaries intonationPresents characters appropriatelyGives the scenario its full rangeBreaches are easily identifiedTotal Points (32 pts.)Comments:21Copyright Texas Education Agency, 2011. All rights reserved.

Crime Reenactment Activity The class is divided into groups and given 5 different crimes to act out. Each group has to cover all 5 of their crimes. It can be done in 1 skit or divided into more than one skit. If the group chooses to do 1 skit per crime, then not everyone has to be in

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Date crime reported to police: Was the crime reported within 5 days? yes no (if no, please explain): Police department Name of officer investigating the crime Police report number. SECTION 7a - DOMESTIC VIOLENCE, HUMAN TRAFFICKING . OR SEXUAL ASSAULT . CRIMES . Date(s) of crime Address (street, city, state, zip) where crime happened