Chapter 12 Powerpoint pt. 2

Question 1

Burglary= _______ and _______ or unlawful entry + specific intent to commit a felony or crime + inside a dwelling or other structure at night and other aggravating factors

Answer 1

breaking

entering

Question 2

Burglary= breaking and entering or unlawful entry + specific intent to commit a ______ or _____ + inside a dwelling or other structure at night and other aggravating factors

Answer 2

felony

crime

Question 3

Burglary= breaking and entering or unlawful entry + specific intent to commit a felony or crime + inside a _______ or ______ ________ at night and other aggravating factors

Answer 3

dwelling

other structure

Question 4

_______ ________ is the unauthorized entry or remaining on the land or premises of another.

Answer 4

Criminal trespass

Question 5

A ______ _______ occurs when an individual knowingly enters or remains on a premises after receiving a clear notice that he or she is trespassing.

Answer 5

defiant trespass

Question 6

Criminal trespass entails an __________ _____, and unlike burglary, there is no requirement that the intruder intend to commit a felony.

Answer 6

unauthorized entry

Question 7

_______ _______ entails an unauthorized entry, and unlike _______, there is no requirement that the intruder intend to commit a felony.

Answer 7

Criminal trespass

burglary

Question 8

Criminal trespass= _____ or ________ on the property of another without __________ + purposely, knowingly, strict liability

Answer 8

entry
remaining
authorization

Question 9

Criminal trespass= entry or remaining on the property of another without authorization + purposely, knowingly, _____ ______

Answer 9

strict liability

Question 10

What are the three degrees of criminal trespass?

Answer 10

(1) First degree criminal trespass
(2) Second degree criminal trespass
(3) Third degree criminal trespass

Question 11

Which degree of criminal trespass is this: entering or remaining on the dwelling of another?

Answer 11

First degree criminal trespass

Question 12

Which degree of criminal trespass is this: entering or remaining in enclosed buildings or fenced-in property?

Answer 12

Second degree criminal trespass

Question 13

Which degree of criminal trespass is this: petty misdemeanor entering or remaining on unenclosed land?

Answer 13

Third degree criminal trespass

Question 14

New York: intentionally and without authorization, accesses a computer system or computer

Answer 14

Computer trespassing

Question 15

Common law ______ is defined as the willful and malicious burning of the dwelling house of another. The purpose is to protect the home along with the occupants and their possessions.

Answer 15

arson

Question 16

The mens rea of common law arson is ______.

Answer 16

malice

Question 17

The ____ ___ of common law arson is malice.

Answer 17

mens rea

Question 18

The mens rea of _______ ____ arson is malice.

Answer 18

common law

Question 19

True or False: In order to prove arson the fire must destroy or seriously damage the structure

Answer 19

False; Fire must not necessarily destroy or seriously damage the structure

Question 20

States no longer limit ______ to dwelling places or to property of another.

Answer 20

arson

Question 21

States no longer limit arson to _______ ______ or to ________ of ______.

Answer 21

dwelling places
property
another

Question 22

True or False: Arson extends to curtilage, area immediately surrounding the home

Answer 22

True

Question 23

An ________ is not included as arson in common law unless it results in a fire.

Answer 23

explosion

Question 24

An explosion is not included as arson in _______ ____ unless it results in a ____.

Answer 24

common law

fire

Question 25

True or False: Today’s statutes provide that even smoke damage and soot are sufficient

Answer 25

True

Question 26

States typically divide arson into ______ and _________ _____ while other states provide additional categories.

Answer 26

arson | aggravated arson

Question 27

The ______ ____ misdemeanor of malicious mischief is defined as the destruction of, or damage to, the personal property (physical belongings) of another.

Answer 27

common law

Question 28

The common law __________ of _______ _______ is defined as the destruction of, or damage to, the personal property (physical belongings) of another.

Answer 28

misdemeanor | malicious mischief

Question 29

Criminal mischief includes damage to both personal and real (land and structures) ________ ________.

Answer 29

tangible property

Question 30

________ ________- physical property as opposed to ownership of intangible property, such as ownership of a song or the movie rights to a book.

Answer 30

Tangible property

Question 31

What are the three types of acts of criminal mischief?

Answer 31

(1) destruction or damage to tangible property (2) tampering with tangible property (3) to endanger a person or property

Question 32

The mens rea of criminal mischief can be _________ or _______.

Answer 32

purposeful | reckless

Question 33

The mens rea of _______ _______ can be purposeful or reckless.

Answer 33

criminal mischief

Question 34

The _____ ____ of criminal mischief can be purposeful or reckless.

Answer 34

mens rea

Question 35

Criminal mischief punishes the _______, _________, or ________ or may involve a deception causing financial loss.

Answer 35

damage destruction tampering

Question 36

Criminal mischief punishes the damage, destruction, or tampering or may involve a deception causing ________ ____.

Answer 36

financial loss