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Crim Law Other > Burglary and B&E > Flashcards

Burglary and B&E Flashcards

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1
Q

The severity of B&E offenses depend on what three factors

A

Nature of the place entered
Purpose of entry
Time of the offense

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2
Q

The five elements of burglary and B&E

A

Breaking
Entry
Property of another
Intent
Time

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3
Q

An entry occurs if any part of the suspects ______ physically enters the interior space of a building or vehicle

A

Body

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4
Q

If an instrument crosses the threshold and is only used to accomplish the break, is there an entry?

A

Strongest charge is attempted B&E

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5
Q

Does an entry occur if an instrument which is used to commit the intended felony physically enters the interior of the building or vehicle

A

Yes

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6
Q

Most of the time officers rely on ________ evidence to prove their cases of B&E

A

Circumstantial

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7
Q

Is an unoccupied apartment considered a dwelling when tenants have the right to move in even if they have not done so

A

Yes

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8
Q

Are outhouses and Barns considered part of the dwelling

A

Yes

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9
Q

Can a structure without a roof still be a building?

A

Yes

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10
Q

Aside from dwellings what does the B&E statue also protect? (3)

A

Buildings
Vehicles
Vessels

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11
Q

What are the elements of aggravated burglary? (5)

A

B&E (with intent to commit felony, or commits felony then breaks into)
Dwelling
Night
Occupied
Weapon or assault

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12
Q

For aggravated burglary, does the suspects need to be armed before entering the house?

A

No, he can arm himself while inside the dwelling

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13
Q

Chapter and section for aggravated burglary

A

266/14

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14
Q

What are the elements for burglary? (4)

A

B&E intent to commit felony
Dwelling
Night
Not armed with dangerous weapon and does not assault occupant

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15
Q

Chapter and section for burglary

A

266/15

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16
Q

What are the three differences between burglary and aggravated burglary?

A

Aggravated
Occupant inside (even if they arrived while suspect was already inside)
Possession of Weapon (doesn’t matter if suspect used it or not)
Simple assault (if not with a weapon)

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17
Q

How many aggravated burglary charges if there’s an assault on multiple occupants?

A

1

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18
Q

How many charges for multiple attempts on the same dwelling?

A

Multiple attempted burglary charges

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19
Q

How many charges for multiple breaks into a dwelling during the same episode?

A

1

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20
Q

Home invasion elements (4)

A

Enter
Aware of occupants
Armed with dangerous weapon
Threatened occupants (used force or threatened the imminent use of force on any person/or intentionally caused injury to person)

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21
Q

Chapter and section for home invasion

A

265/18C

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22
Q

Unlike burglary home invasion does not require a break, night entry or felonious intent. These elements are unnecessary because a home invasion _______ or ______ occupants

A

Injures or scares

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23
Q

Home invasion offender must be armed ____ entry

A

Before

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24
Q

Can duct tape be considered a weapon for home invasion?

A

Yes

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25
Does offender enter with consent if the occupant was aware he was armed, but unaware he intended to commit a crime
No
26
Does an accomplice to home invasion have to know the principal had a weapon
Yes
27
Does the occupant have to be afraid during a home invasion?
No but must be threatened
28
Is forcibly entering a victims home and telling her to stay quiet sufficient for a threat during home invasion
Yes
29
Do the occupants have to be lawfully present to be victims of home invasion?
No
30
The defendant entered a home to assault the residents. A neighbor came over to investigate, and the defendant stabbed him. Can he be charged with home invasion against the neighbor?
Yes
31
How many counts of home invasion can be charged for occupants?
Charge for every occupants
32
Chapter section for armed assault in a dwelling
265/18A
33
Can armed assault in a dwelling be completed in a hallway of a multi unit apartment building that is normally accessible only to residents and building staff
Yes
34
What is the main factor to remember when charging armed assault in a dwelling?
The offender intended to commit a separate felony aside from the assault
35
Is having a weapon during consensual entry enough for armed assault in a dwelling?
Not unless the suspect entered with the intent to attack someone
36
Chapter and section for B&E with intent to commit felony or breaking depository
266/16
37
Elements of B&E nighttime (3)
Breaks and enters building, ship, vessel or vehicle Night Intent to commit felony
38
Elements for the second type of B&E with intent to commit felony for breaking depository
Suspect attempts or succeeds in breaking burning, blowing up or otherwise injuring: A depository of money or other valuables With intent to commit a larceny or felony
39
What is the correct charge for attempting to break into a depository?
266/16 B&E with intent to commit felony or breaking depository
40
Burglary may also be charged under _____ because a home is obviously a building
266/16 (B&E with intent to commit felony) because
41
If theft occurs, can you charge both B&E and larceny from the building?
Yes they don’t duplicate eachother
42
What is the preferred charge for attempted or actual vehicle break?
Type two of 266/16/B breaking a depository
43
Type two of 266/16/B breaking a depository requires only an _____ break, day or night, with intent to commit _______
Attempted break Any larceny
44
Can a vehicle be considered a depository?
Yes
45
Chapter section for B&E with intent to commit misdemeanor
266/16A
46
Elements of B&E with intent to commit misdemeanor (Entry) (Time of day) (Place entered) (Intention)
Breaks and enters Day or night Building, ship, vessel, vehicle Intent to commit misdemeanor
47
Right of arrest for 266/16A B&E with intent to commit misdemeanor
Arrest for breach of peace in presence otherwise complaint
48
Does the law assume that anyone who breaks into a building during the day or night intends to steal, which is automatically a felony for a larceny from the building?
Yes
49
Chapter 266/19 and 266/20A are for:
B&E railroad car, truck, tractor trailer, freight container
50
Right of arrest for B&E railroad car, truck, tractor trailer or freight container
Felony
51
266/17 is entering building/MV without break at _____; aggravated B&E ______
Night Daytime
52
Elements for entering building/MV without break at night; aggravated B&E daytime (Entry) (Time of day) (Place entered) (Intention) (Additional factor)
Enters with break at night or enters with break during day Building, vehicle, ship, vessel Intent to commit felony Owner/lawful occupant is put in fear
53
Right of arrest for enter building/MV without break at night; aggravated B&E daytime
Felony
54
Chapter and section for entering dwelling without break at night; B&E daytime
266/18 felony
55
Elements for 266/18 entering dwelling without break at night; B&E daytime (Entry) Place Intent Fear
Enters dwelling at night with no break, or breaks and enters dwelling during day Building, vessel, ship, vehicle Intent to commit felony No person put in fear
56
Charge for suspect breaking into dwelling during the day, but no one was present
266/18 enter dwelling with break at night; B&E daytime Felony
57
Defendant enters a woman’s house when he knows she is not going to be home. The woman’s roommate heard footsteps and was scared. The defendant retreated when he realized the roommate was home. What is the proper charge?
266/17 Enter building/mv without break at night; aggravated B&E daytime
58
B&E nighttime and B&E daytime are lesser included defenses to:
Burglary
59
B&E daytime is also a lesser included offense of
B&E nighttime
60
The related offense of 266/18A is for
Daytime entry by false pretense
61
Daytime entry by false pretense includes entering a dwelling (break not required), during day, by false pretense, with intent to:
Intent to commit felony, or with actual result of larceny inside
62
What law was enacted due to the problem of con artists who pretend to be city home repair contractors, city inspectors, or disabled motorists in order to enter homes and steal while inside
266/18A Daytime entry by false pretense
63
What is the crime for an offender who enters during the daytime with either an intent to commit a felony or misdemeanor?
Gap in law- no crime (unless using false pretense)
64
The best available option to charge for an offender who walks through an open door of somebody’s house during the day to look around and decide whether to steal something
Trespass
65
Chapter and section for attempted burglary, home invasion or b&e
274/6
66
Elements for attempted burglary, home invasion or b&e Intent Action Additional factor
Specific intent to commit burglary, home invasion, or other B&E offense Took some overt act Failed-didn’t complete crime for failed effort or was interrupted
67
Right of arrest for 274/6 attempted burglary home invasion or b&e
Depends on penalty for underlying offense If attempt involved felony punishable by atleast 5yrs in state prison-felony If attempt in involves felony punishable by less than 5 years, or any misdemeanor-complaint
68
Chapter and section for possession of burglarious tools
266/49
69
Elements for possession of burglarious tools Possession of: Tool for: Designed to: Place: Intent:
Made/knowingly possessed Tool, machine, or MV master key Designed to cut through or break open Building, room, vault, mv, depository Intent to commit crime
70
Right of arrest for 266/49 possession of burglarious tool
Felony
71
Can more than one offender possess the same burglarious tool
Yes
72
Does joint flight from burglary support an inference that defendants jointly possessed a tire iron even though only one of them actually carried it
Yes
73
Can every day item such as screwdrivers, chisels, or kitchen knives, be considered burglarious tools
Yes
74
Can a vehicle trunk be considered a depository?
Yes
75
Can an expert/officer testimony be proof of burglarious intent for tools
Yes
76
Right of arrest possession of a tool to disable a theft detection device 266/30B
Felony

Crim Law Other (27 decks)

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