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PENAL LAW QUESTIONS

Question #1:
"Under circumstances evincing a depraved indifference to human life, he
recklessly engages in conduct which creates a substantial risk of serious
physical injury to another person, and thereby causes serious physical
injury to another person.”

The foregoing statement may or may not be correct according to one of

the subdivisions defining Assault 1st Degree. Which of the following is
most correct?

O A:"Recklessly" should be omitted.

O B:"Bodily" should be substituted for "physical."
O C:"Grave risk of death” should replace "substantial risk of serious
physical injury."
O D: The statement is correct.

Question #2:
Tondelayo supplied Roger with a pistol believing that Roger intended to
use the pistol to rob George. During the robbery, with which Tondelayo
had no further part, Roger kills George. The most serious crime with
which Tondelayo may be properly charged is

O A: Criminal Solicitation 1st Degree.

O B: Criminal Facilitation 3rd Degree.
O C: Criminal Facilitation 2nd Degree.
O D: Criminal Facilitation 4th Degree.

Question #3:
One afternoon Scott played "pitch and catch” with George, who was
standing in front of a large plate glass window. Scott said, "Get a good
grip on it. I don't want that window to suffer." Scott really poured one on,
throwing hard fast balls to George who was not much of a"glove" man. In
this instance, Scott's conduct could most accurately be described, in
terms of possible property damage, as

O A: careless.
O B: negligent.
O C: reckless.
O D: sadistic.

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Question #4:
Roger, a worker for the Bureau of Highways, recklessly left a large
manhole in the street uncovered after finishing work one day. Later that
night, Tondelayo, a pedestrian, fell into the manhole and suffered a
broken leg. At the time of the occurrence, Roger was at home watching a
night baseball game on TV. According to the Penal Law, the most
appropriate charge against Roger would be

O A: Assault 2nd Degree.

O B: Assault 3rd Degree.
O C: Assault 1st Degree.
O D: no crime, as Roger was not present at the scene at the time of
occurrence.

Question #5:
George, with intent to cause a physical injury, fires a gun at Scott and
inflicts a slight flesh wound in Scott's left shoulder. It would be correct to
state that, according to the Penal Law, George is guilty of

O A: Assault 1st Degree.

O B: Assault 3rd Degree.
O C: Attempted Murder.
O D: Assault 2nd Degree.

Question #6:
Intending to disfigure Roger, Tondelayo threw a cup containing a strong,
caustic acid at Roger's face. Roger ducked his head and the acid did not
touch him. The most appropriate charge against Tondelayo would be,
according to the Penal Law, is

O A: Reckless Endangerment 2nd Degree.

O B: Assault 1st Degree.
O C: Attempted Assault 1st Degree
O D: Attempted Assault 2nd Degree.

Question #7:
Which of the following is least likely to be a degree-raising factor for the
crime of Assault?
O A: That a dangerous instrument was used.
O B: That the assailant was 16 years of age when the assault occurred.
O C: That "serious physical injury" rather than "ordinary physical injury”
was caused.

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O D: That physical injury was caused intentionally rather than recklessly.

O E: That physical injury was inflicted in the course of the commission of
an independent felony.

Question #8:
Which of the following statements re: ASSAULT is/are correct?

1. 3rd Degree must always result in physical and not serious physical
injury.

2. Only 3rd Degree involves criminal negligence resulting in physical

injury.
3. The use of a deadly weapon cannot result in 3rd Degree Assault.

4.3rd Degree does not include a specific intent to cause a physical injury.

O A:#1, #2, #3 and #4

O B: Only #1 and #2
O C: #1, #3 and #4 only
O D: #2 only
O E: #1only

Question #9:
Because Scott did not join George in a picket line, George punched Scott
in the jaw knocking him to the ground. The element which prevents this
incident from being an assault is the fact that

O A: there was no physical injury.

O B: a deadly weapon was not used.
O C: it was recklessly committed.
O D: nointent to injure was evident.

Question #10:
In order for a person to be properly charged with Assault 3rd Degree
because of his criminal negligence, it is essential that

O A: a deadly weapon or dangerous instrument must be used.

O B: aserious injury resulted.
O C: the act was the result of a depraved mind.
O D: a substantial risk of serious physical injury be perpetrated.

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Question #11:
It would be correct to state that if a person intends to cause serious
physical injury to another person but causes the death of such person or a
third person, the appropriate charge would be, according to the Penal
Law,

O A: Murder 2nd Degree.

O B: Manslaughter 1st Degree.
O C: Manslaughter 2nd Degree.
O D: Criminally Negligent Homicide.

Question #12:
Roger, in order to rid himself
Tondelayo to enter a suicide
beyond" together. Tondelayo
poison. Fortunately, however,
was able to save Tondelayo's
of Tondelayo, deceitfully encouraged
pact wherein both would go to the "great
agreed to the plan and swallowed some
a friendly physician came on the scene and
life.

According to the Penal Law, the most serious charge against Roger would
be

O A: Murder 2nd Degree.

O B: Attempted Murder 2nd Degree.
O C: Manslaughter 1st Degree.
O D: Manslaughter
2nd Degree.

Question #13:
Following are three statements re: the Homicide section of the Penal Law
that might be correct:

1. A person who causes the death of another person, without any intent
to cause death, may sometimes be guilty of Murder 2nd Degree.

2. When a participant in a robbery causes the death of an innocent

bystander, another participant in the robbery may sometimes avoid
liability for Murder 2nd Degree.

3. A person who intentionally aids another person to commit suicide may

sometimes be guilty of Murder 2nd Degree.

Which of the following choices lists all of the above statements that are
correct?

O A: #1 but not #2 and #3

O B: #1 and #3 but not #2

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O C: #2 but not #1 and #3

O D: #2 and #3 but not #1
O E: #1, #2 and #3

Question #14:
Roger, immediately after burglarizing Tondelayo's home, throws an iron
bar at Tondelayo who was then pursuing Roger. The bar misses
Tondelayo and hits a stranger who was passing by. The stranger dies as a
result of the injury. Roger is guilty of

O A: Murder 2nd Degree.

O B: Manslaughter 1st Degree.
O C: Manslaughter 2nd Degree.
O D: Criminally Negligent Homicide.

Question #15:
Roger, a 22 year old male, threatened Tondelayo, an 18 year old female,
that unless she submitted to an act of sexual intercourse with him, he
would tell all her friends of her shoplifting acts. Tondelayo unwillingly
consented to the sexual intercourse.

Based on these circumstances, it would be correct to state that Roger

O A:is guilty of Rape 1st Degree.

O B: is guilty of Attempted Rape 1st Degree.
O C:is not guilty of Rape 1st Degree.
O D:is guilty of Rape 2nd Degree.

Question #16:
Roger, 17 years old, engaged in an oral sexual act with Tom, aged 11.
Roger is guilty of

O A: Criminal Sexual Act 2nd Degree.

O B: Criminal Sexual Act 1st Degree.
O C: Sexual Abuse 2nd Degree.
O D: Sexual Misconduct.

Question #17:
Roger, aged 23, lewdly fondled the sexual organs of Tondelayo, a
mentally defective individual, aged 21.

Based on the foregoing circumstances, Roger is guilty of

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O A: Attempted Rape.
O B: Sexual Misconduct.
O C: Sexual Abuse 1st Degree.
O D: Sexual Abuse 2nd Degree.

Question #18:
Scott, George and Roger enticed a female, aged 25, into a motel room,
and while George threatened to stab the victim with a switchblade knife
unless she participated, Scott engaged in an act of sexual intercourse. In
the meantime, Roger stationed himself outside the room and acted as a
"lookout." Only Scott engaged in sexual intercourse with the victim.

Based on the foregoing circumstances, it would be correct to state that

O A: Scott is chargeable with Rape 1st Degree; George with Assault 2nd
Degree; Roger with Criminal Facilitation 2nd Degree.
O B: Scott and George are chargeable with Rape 1st Degree; Roger with
Criminal Facilitation, as he knowingly aided the commission of a felony by
acting as a "lookout."
O C: Scottis chargeable with Rape 1st Degree, but George and Roger are
not chargeable with Rape as some penetration, however slight, is required
for "sexual intercourse.”
O D: all are chargeable with Rape 1st Degree.

Question #19:
Roger, a male aged 20, engaged in a voluntary act of sexual intercourse
with Tondelayo, a female aged 15.

Based on these facts, it would be accurate to state that Roger is

chargeable with
O A: Sexual Misconduct.
O B: Sexual Abuse 3rd Degree.
O C: Endangering the Welfare of a Child.
O D: Rape 3rd Degree.

Question #20:
To gratify some sexual desire, Roger, a male aged 16, unlawfully fondled
the genitals of a young boy, aged 13.

In this circumstance, Roger is guilty of

O A: Sexual Misconduct.
O B: Sexual Abuse 1st Degree.

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O C: Sexual Abuse 2nd Degree.

O D: Sexual Abuse 3rd Degree.

Question #21:
Which of the following is a DEADLY WEAPON?

O A: A dagger
O B: Afirearm
O C: A bludgeon
O D: A cane sword
O E: A platic knuckle knife

Answers
Question #1:
C:"Grave risk of death” should replace "substantial risk of serious physical
injury."
Question #2: D: Not an easy one.
Question #3: C: He saw the risk and ignored it.
Question #4: B: Assault 3rd Degree.
Question #5: D: Assault 2nd Degree.
Question #6: C: Attempted Assault 1st Degree
Question #7:
B: That the assailant was 16 years of age when the assault occurred.
Question #8: D: #2 only
Question #9: A: there was no physical injury.
Question #10:
A: a deadly weapon or dangerous instrument must be used.
Question #11: B: Manslaughter 1st Degree.
Question #12: B: Attempted Murder 2nd Degree.
Question #13: E: #1, #2 and #3
Question #14: A: Murder 2nd Degree.
Question #15: C: This threat doesn't satisfy Rape.
Question #16: D: Check out the ages.
Question #17: D: Sexual Abuse 2nd Degree.
Question #18: D: all are chargeable with Rape 1st Degree.

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Question #19: A: Check the ages.

Question #20: C: Again, check the ages.
Question #21: A: Look at the list in Section 10.00 P.L.

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