Burglary

Question 1

the Difference between degrees of burglary is based on what?

Answer 1

1. Place burglarized
2. Offender Armed
3. Occupant injured

Question 2

1st degree burglary

Answer 2

1. Knowingly
2. entered/remained
3. building/occupied structure
4. INTENT commit a crime vs. Person or property therein
5. Offender or other participant assaults or menaces any person:
   
   • entering the building
   • in the building or occupied structure
   • or during the flight of the crime

Question 3

T/F
in order to have 1st degree burglary you must menace or assault a person during or flight from.

Answer 3

True

Question 4

Intent part of burg you would have to prove what?

Answer 4

The person intended to commit a crime against a person (assault, Homicide) or property (theft, arson)

Question 5

Is merely being armed sufficient for a charge of 1st degree burglary?

Answer 5

No

Question 6

T/F
Trespass is not a lessor included offense in 1st degree burglary?

Answer 6

T

Question 7

Is there a requirement to complete the crime of burglary in order to be charged

Answer 7

there isn’t a requirement for the competition of the crime
(asportation of items)

Question 8

To become a habitual offender in Colorado how many times do you have to be convicted

Answer 8

3

Question 9

2nd Degree Burglary
Most common

Answer 9

1. Knowingly, unlawfully enter/remain
2. building/dwelling/occupied structure
3. without armed or assaulting/menacing
4. unlawfully broke in/ entered/remained
5. INTENT to commit a crime against a person/property

Question 10

3rd Degree Burglary

Answer 10

1. Offender Broke into (valuable property)
2. vault, safe, cash register, coin machine
3. Criminal mischief is not a lesser included charge ***
4. Taking valuables that are locked

Question 11

Possession of Burglary tools

Answer 11

1. possessed: explosive tools, instruments
2. involving forcible entry into premises
3. or theft by physical taking
4. Intent use the thing possessed in the commission of such offense