Question: Read and answer Exercise One, Reading a Statute,. Note that the prosecutor is charging both potential defendants, and you must discuss charges against both. Exercise

Read and answer Exercise One, "Reading a Statute,". Note that the prosecutor is charging both potential defendants, and you must discuss charges against both.
Exercise One: Reading a Statute The exercise relates to a notorious New York insurance fraud a few yers ago, wherein a child falsely reported (to the police and others) a fathers death by drowning. In the hypothetical, imagine the following facts: - The daughter was 16 years old at the time of the fictitious report of the drowning, - She telephoned the missing persons report to the police and faxed a claim from to the insurance company, - The hoodwinked townspeople spent two days volunteering their time searching fro the victim and - The insurance policy, valued at $100,000 was offered for payment, but the crime was discovered before the actual check was cashed. Read all of the New York Penal Law provisions appearing below. Then decide which provisions best apply to each of the two hypothetical defendants. Naturally, the prosecutor is seeking the broadest possible set of the most serious charges against each individual. Accordingly, be able to explain why you believ the provisions not selected were inapplicable. Additionally, be able to answer the question of why there are varuing degrees of each crime (i.e. the why of the question). ARTICLE 240.50 Falsely reporting an incident in the third degree. A person is guilty of falsely reporting an incident in the third degree when, knowing the information reported or baseless, he: 1. Initiates or circulates a false report or warning of an alleged occurrence or impending occurrence of a crime, catastrophe or emergency under circumstances in which it is not unlikely that public alarm or inconvenience will result; or ..2. Reports, by word or action, to an official or quasi-official agency or organization having the function of dealing with emergencies involving danger to life or property, an alleged occurrence or impending occurrence of a catastrophe or emergency which did not in fact occur or does not in fact exist.. Falsely reporting an incident in the third degree is a class A misdemeanor. Article 176 A fraudulent insurance act is committed by an person who, knowingly and with intent to defraud presents, causes to be presented, or prepared with knowledge or belief that it will be presented to or by an insurer, self insurer, or purported insurer, or purported self insurer, or any agent thereof: 1. Any written statement as part of, or in support of, an application fro the insurance of, or the rating of a commercial insurance policy, or certificate or evidence of self insurance for commercial insurance or commercial self insurance, or a claim for payment or other benefit pursuant to an insurance policy or self insurance program for commercial or personal isnruance that he or she knows to: a) contain materially false information concerning any fact material thereto; or b) conceal, for the purpose of misleading, information concerning any fact material thereto; or...176.10 Insurance fraud in the fifth degree. A personal is guilty of insurance fraud in the fifth degree when he commits a fraudulent insurance act. Insurance fraud in the fifth degree is a class A misdemeanor. 176.25 Insurance fraud in the second degree. A person is guilty of insurance fraud in the second degree when he commits a fraudulent insurance act and thereby wrongfully takes, obtains or withholds, or attempts to wrongfully take, obtain or withhold property with a value in excess of fifty thousand dollars. Insurance fraud in the second degree is a class C felony. Article 105.00 CONSPIRACY 105.00 Conspiracy in the sixth degree. A person is guilty of conspiracy n the sixth degree when, with intent that conduct constituting a crime be performed, he agrees with one or more persons to engage in or cause the performance of such conduct. Conspiracy in the sixth degree is a class B misdemeanor. 105.05 conspiracy in the fifth degree. A person is guilty of conspiracy in the fifth degree when, with inetent that conduct constituting: 1. A felony be performed, he agrees with one or more persons to engage in or cause the performance of such conduct or 2. A crime be performed, he, ebing over eighteen years of age, agrees with one or more persons under sixteen years of age to engage in or cause the performance of such conduct. Conspiracy in the fifth degree is a class A misdemeanor. 105.13 conspiracy in the third degree. A person is guilty of conspiracy in the third degree when, with intent that conduct constituting a class B or a class C felony be performed.
Overall, resign yourself to the fact tha a disciplined review of a statue may foremost resut in your thorough understanding of what the measure does not define, clarify, or state. All the more reason to develop a consisitent approach to how you translate by a piece of legislation. And such diligence affords all the more reason for a professor or supervisor to trust your legal writing.

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