CORE Flashcards
(175 cards)
1
Q
Who can appeal the denial of a petition for a Class 1 misdemeanor or felony charge?
A
The Complainant (person who initiated the charge). Juvenille only.
2
Q
What specific denial related to juvenille petitions can be appealed?
A
Only the denial of the Petition for Charge (PC) itself, not an intake officer’s decision to divert the case.
3
Q
What must the complainant give the magistrate when appealing a PC denial?
A
A copy of the written denial from the initial magistrate/intake officer.
4
Q
What is the deadline for appealing a PC denial in writing?
A
Within 10 days of the denial.
5
Q
List categories of individuals considered “family members.”
A
Spouse/ex-spouse; Parent/child/grandparent/step-parent/legal guardian; Siblings (incl. half, not step); Parents of a child in common; In-laws (only if living together); Cohabitants (within last 12 months).
6
Q
Are step-siblings considered “family members”?
A
No
7
Q
Are individuals expecting a child together automatically “parents of a child in common”?
A
No, pregnancy alone doesn’t count.
8
Q
When are in-laws considered “family members”?
A
Only if they live with the individual.
9
Q
What is the time frame for cohabitants?
A
Must have lived together within the last 12 months.
10
Q
What is the 3-prong test sometimes used for cohabitants (“more than friends”)?
A
(1) Duration, continuity, permanency of relationship; (2) Consortium; (3) Sharing familial or financial responsibility.
11
Q
List relatives explicitly excluded from the “family member” definition.
A
Uncles, aunts, cousins, nieces, nephews.
12
Q
If parental rights are terminated, what court typically handles related matters?
A
General District Court (GDC).
13
Q
Under what circumstances can violating a Family Abuse Protective Order be charged as a crime?
A
(1) Committing further acts of abuse; (2) Violating a no-contact provision (“intentionally piercing the protective barrier”); (3) Violating a residence assignment provision.
14
Q
What three things must be verified before charging a protective order violation?
A
(1) The order was properly served; (2) The order has not expired; (3) The alleged violation is one of the types eligible for criminal charges (e.g., no contact, further abuse, residence - not failure to pay bills).
15
Q
What specific intent is an element of Unlawful Wounding?
A
Intent to maim, disfigure, disable, or kill. It is a lesser charge.
16
Q
Can spitting on someone constitute Assault & Battery?
A
Yes
17
Q
What is required for aggravated abduction?
A
intent to defile: Intent to commit any sexual assault (does not have to be rape).
18
Q
What are the elements of Strangulation?
A
(1) Without consent, (2) knowingly impedes blood circulation or respiration, (3) causing wounding or bodily injury (even just pain).
19
Q
Where does the crime of Disorderly Conduct generally not apply?
A
Inside one’s own private residence or a private hotel room (must occur in a public place).
20
Q
Elements of Disorderly Conduct (§18.2-415)?
A
In public, with intent (or reckless disregard) to cause public inconvenience/annoyance/alarm, engages in conduct tending to cause violence OR disrupts school/government meeting.
21
Q
Elements of Curse and Abuse (§18.2-416)?
A
In presence of another, use abusive language (“fighting words”) likely to provoke violence, face-to-face. Class 3 Misd. (Summons).
22
Q
Can a Law Enforcement Officer be the victim of Curse and Abuse (§18.2-41
A
No
23
Q
Can a minor be charged with contributing to the delinquency of another minor?
A
No, the person charged must be an adult (18+).
24
Q
What acts form contributing delinquency of a minor charge?
A
Willfully encouraging, causing:
Delinquent act (ie would be crime as an adult), Child in Need of Services or Supervision; Being subjected to abuse/neglect; Victim of certain sex offenses (“big nasties”).
25
Killing by poison is automatically what degree of murder?
First Degree Murder.
26
What defines Voluntary Manslaughter?
An intentional killing committed in the sudden heat of passion upon reasonable provocation.
27
What level of negligence is required for Involuntary Manslaughter?
Criminal Negligence (a reckless disregard for human life).
28
When can an "All Persons Present" search warrant be issued?
Only when there is Probable Cause (PC) to believe every person present is likely involved in the criminal activity described in the warrant.
29
Is an "All Persons Present" warrant justified simply because the item sought is small and easily hidden?
No
30
What common inference is often used in affidavits for searching a drug dealer's residence?
That drug dealers often keep firearms, drug paraphernalia (scales, packaging), records, and proceeds in their homes
31
What is the time limit to file the original search warrant and affidavit (return) with the Circuit Court Clerk?
Within 7 days of execution.
32
Are "no-knock" warrants legal in Virginia?
No.
33
When is a nighttime search authorized?
Requires specific request and "good cause" shown in the affidavit (e.g., evidence might be destroyed, risk to officers, suspect works nights).
34
What is the general geographic authority for executing a search warrant?
Statewide.
35
PC for a search warrant must establish what three things?
(1) A crime was committed, (2) Evidence/contraband relating to that crime exists, (3) That evidence/contraband is likely located at the place to be searched at the time of the search.
36
Are Anticipatory Search Warrants permissible?
Yes, if PC exists that a specific triggering condition will occur, and upon that occurrence, evidence of a crime will be at the location.
37
What is "Real Time Location Data" (RTLD)?
Information concerning the current location of an electronic device, generated/derived from the device's operation.
38
What is the maximum duration for an initial RTLD court order?
30 days (or less if requested).
39
Can an RTLD request be combined in the same application/affidavit with requests for historical location data or other evidence?
No, it requires its own separate affidavit and form.
40
What is the geographic scope for obtaining a GPS tracking warrant?
Regional only (Magistrate/Judge must be where device installed OR where crime occurred/is occurring/will occur). Not statewide authority.
41
Are GPS warrants sealed?
Yes, by statute.
42
Elements for criminal Custodial Interference?
(1) Valid court order (use most recent); (2) Knowingly, wrongfully, intentionally withhold child from parent entitled to custody/visitation; (3) Withholding is "clear and significant".
43
Classification if child taken out of state for Custodial Interference?
Class 6 Felony.
44
Venue for Custodial Interference charge?
Where the child is withheld.
45
Where can an EPO violations be (commenced)?
County/city where the abuse occurred OR where the victim resides.
46
Where can an EPO *violation* be prosecuted?
Where order was issued, OR where violation occurred, OR where protected party resides.
47
Basis for issuing a Family Abuse EPO?
PC that family abuse occurred (threat of serious bodily Injury or death AND probable danger of further abuse exists (danger presumed if arrest warrant already issued for the abuse).
48
When SHALL a magistrate issue a Medical TDO for an inmate?
Inmate in facility; unable to consent due to condition; licensed medical professional states treatment needed within 12 hrs to prevent death/disability/serious irreversible condition & tried to get consent.
49
List general exceptions for having weapons on school property.
Part of school activity; Unloaded firearm/stun gun in closed container in vehicle; Pocket knife (< 3" blade, folding); Concealed handgun/stun gun *with permit* (must be in vehicle).
50
Can someone subject to a protective order possess firearms they already own?
Yes
51
Can someone subject to a protective order transport or purchase firearms?
No
52
Does Use/Display of Firearm During Certain Felonies (§18.2-53.1) apply to Unlawful Wounding?
No (applies mostly to robbery, rape, murder, ABDUCTION - check specific list).
53
Does the firearm need to be real for §18.2-53.1 (Use/Display)?
No, a fake/toy gun or pretending to have one (creating fear) is sufficient.
## Footnote
Must occur during violent felony like rape robbery, murder
54
What objects are covered under Pointing/Brandishing (§18.2-282)?
Any firearm, air/gas gun, or object similar in appearance, brandished in a way that reasonably induces fear.
55
2-prong test for determining if an item is a prohibited Concealed Weapon (§18.2-308)?
(1) Is it primarily a weapon (designed/used for fighting)? (2) If yes, is it listed in the statute OR "of like kind" to a listed item?
56
Key elements of Concealed Weapon (§18.2-308)?
(1) Carries about the person, (2) hidden from common observation, (3) listed weapon or "like kind," (4) readily accessible for prompt use.
57
Three ways to violate Possessing Firearm + Schedule I/II Drug (§18.2-308.4)?
(A) Possess firearm AND possess drug (anywhere); (B) Possess firearm *on person* AND possess drug (anywhere); (C) Possess firearm AND possess drug with *intent to distribute.*
58
Which juvenile adjudications prohibit firearm possession indefinitely?
Adjudication (age 14+) for Murder, Rape, Robbery, Kidnapping (not Arson)
59
Which juvenile adjudications prohibit firearm possession until age 29?
Adjudication (age 14+) for any other felony.
60
Does a BB gun count as a "firearm" for Felon in Possession (§18.2-308.2)?
No
61
What is the core act of Larceny?
Wrongful taking and carrying away of the personal property of another with the intent to permanently deprive the owner thereof. 1 (Moving the object with intent is key).
62
What distinguishes Robbery from Larceny?
Robbery requires the taking be accomplished by force, threat, violence, or intimidation *from the person or presence* of the victim.
63
Explain the Single Larceny Doctrine.
Multiple items stolen in one continuous act/impulse from the same location generally constitute only one larceny offense, valued aggregately.
64
Value threshold for Grand Larceny from the person?
$5 or more.
65
Value threshold for Grand Larceny *not* from the person?
$1000 or more
66
Obtaining Property by False Pretenses (§18.2-178) requires a misrepresentation of what?
A present or past fact (not a future promise), used to obtain title to property.
67
What is Embezzlement (§18.2-111)?
Fraudulent conversion of property lawfully entrusted to you by another. (No intent to permanently deprive required).
68
What presumption arises from possessing recently stolen property?
Prima facie evidence that the possessor either stole it OR received it knowing it was stolen.
69
Difference between Intentional Destruction of Property and Unlawful Destruction?
Intentional requires specific intent to damage the property; Unlawful involves damage through criminal negligence without specific intent
## Footnote
$1000 rule applies
70
Two ways to charge Bad Check (§18.2-181)?
(1) Making/drawing the check with intent to defraud; (2) Uttering/delivering the check with intent to defraud.
71
When is intent to defraud presumed in bad check cases?
If check returned for "account closed" or "no such account." Or, if 5-day notice letter sent (certified, return receipt *if use last known*) and check not paid.
72
Elements of Construction Fraud (§18.2-200.1)?
Receive advance funds for construction, fail to perform, fail to return funds upon request, with intent to defraud. Requires 15-day notice letter as element.
73
Elements of Common Law Burglary (§18.2-89)?
(1) Breaking & (2) Entering (3) Dwelling House (4) Of Another (5) At Nighttime (6) With Intent to commit Felony or Larceny.
74
Elements of Statutory Burglary §18.2-90?
Enter w/o break at night OR Break & enter day/night; Dwelling house/secured place; WITH INTENT TO COMMIT Murder, Rape, Robbery, or Arson. (Armed enhances).
75
Elements of Statutory Burglary §18.2-91 (Most Common)?
Enter w/o break at night OR Break & enter day/night OR Enter & conceal; Any qualifying structure (house, office, store, etc.); WITH INTENT TO COMMIT Larceny, A&B, or any other felony (besides MRRA). (Armed enhances).
76
What is the default assumed intent for §18.2-91 if not otherwise specified?
Larceny
77
Elements of Statutory Burglary §18.2-92
Break & enter day/night; Any qualifying structure; WITH INTENT TO COMMIT* any misdemeanor *EXCEPT A&B or Trespass. (Armed enhances).
Burglary Light
78
Elements of Entering Bank Armed §18.2-93?
Enter (no break needed); Banking house; Armed with deadly weapon (required); WITH INTENT TO COMMIT Larceny therein.
79
Elements of Possession of Burglarious Tools (§18.2-94)?
Possession of tools suitable for burglary/robbery/larceny WITH intent to commit burglary, robbery, or larceny.
80
Elements of Trespass After Forbidden (§18.2-119)?
Go onto or remain on land/premises of another after being forbidden to do so (by owner/agent or by posted signs).
81
Elements of Unlawful Entry (§18.2-121)?
Enter land/premises of another with intent to damage property OR interfere with owner's rights.
82
Principal in 1st Degree (P1)?
Person who actually commits the essential elements of the crime.
83
Principal in 2nd Degree (P2)?
Person present (actually or constructively) who aids, abets, counsels, or encourages P1. (e.g., lookout, getaway driver).
84
Accessory Before the Fact?
Person not present who helps plan or procure the felony beforehand.
85
Accessory After the Fact?
Person who, knowing felony committed, assists felon afterwards to avoid detection/arrest/punishment (Exception for close relatives).
86
Solicitation?
Inciting, commanding, urging, or enticing another to commit a crime (more than mere request). Crime complete upon solicitation
87
Conspiracy?
Agreement between two or more people to commit a crime (+ overt act for felonies in VA).
88
Attempt?
A direct, ineffectual act done towards the commission of a crime, beyond mere preparation.
89
When is a *written* complaint/affidavit required for warrant issuance?
LEO seeking felony warrant; ANY citizen complaint (misd or felony); DUI warrant.
90
Is pre-authorization required for a citizen-initiated felony complaint?
Yes (by Commonwealth's Attorney or Law Enforcement agency).
91
What is the effect of an unsigned arrest warrant?
It is considered null; cannot proceed with a bail hearing based on it (though a new PC hearing could potentially occur).
92
Process for Class 3/4 Misdemeanors?
Issue Summons (Exception: DIP - use warrant for temporary commitment).
93
How to decide process for Class 1/2 Misdemeanors?
Assess Danger & Flight Risk. If factors present or unsure, issue a non-permitted Arrest Warrant. Otherwise, Summons.
94
General rule for Venue?
Where the crime occurred (or any element, or the result).
95
Venue rule for county borders?
Within 300 yards, can be tried in either county.
96
Venue rule for city borders?
Within 1 mile of city (even if in county), can be tried in city.
97
Key difference between Obstruction §18.2-460(A) and (B)?
(A) Knowingly obstructing/preventing officer's lawful duty (even briefly). (B) Using threats or force to impede officer.
98
Does lying to police or simply running generally constitute §18.2-460(A) Obstruction?
No
99
Elements of Fleeing from LEO §18.2-460(E)?
Fleeing after officer applies force OR tells under arrest; officer has immediate ability to arrest; reasonable belief not free to leave.
100
Elements of False ID to LEO (§18.2-461)?
Provide false name/ID info to LEO during lawful detention or arrest. (Misdemeanor).
101
When is a bail checklist absolutely required?
For all jailable offenses (**except** Drunk in Public - DIP).
102
When does the "Secured Bond Rule" apply?
Defendant charged with Felony AND has prior felony conviction OR is already on felony bond/probation/parole. Requires secured bond unless CA waives or Judge orders otherwise.
103
Can a defendant use their own property to secure their bond?
No
104
What is required for a bondsman to get off a bond via a Surety Capias?
Defendant must be returned to custody; bondsman pays fee (unless FTA); capias sent to court; new bail hearing held (conditions usually same or stricter).
(?)
105
When is a defendant being held for Extradition ineligible for bail?
If the maximum punishment for the out-of-state offense is life imprisonment. (Otherwise, all options except pure Recognizance available).
106
Does Credit Card Theft (§18.2-192) require intent to defraud?
No (just wrongful taking, receiving stolen, buying/selling illegally obtained card/number).
107
Does the Single Larceny Doctrine apply to Credit Card Theft?
No (each card/number can be a separate charge).
108
Does Credit Card Fraud (§18.2-195) require intent to defraud?
Yes (using stolen/fake/expired card etc. *with intent to defraud*).
109
Felony threshold for Credit Card Fraud (§18.2-195)?
$1000 or more obtained within a 6-month period.
110
What is the classification for Credit Card Forgery (§18.2-193 - false making, signing, uttering)?
Always a Felony.
111
Is a debit card treated as a "credit card" under these statutes?
Yes
112
Two main ways to commit Identity Theft (§18.2-186.3)?
(1) Use another real person's ID info w/o authority for fraud (Felony if >$1000 value/credit); (2) Use ID info (real/fake/dead/alive) to avoid arrest/prosecution (Felony if results in arrest).
113
What makes Domestic Assault & Battery a felony?
3rd offense
114
What distinguishes Aggravated Malicious Wounding?
Results in permanent and significant physical impairment.
115
Can a machete secured in the trunk of a car be legally present on school property?
Yes, this likely falls under the exception for weapons secured unloaded in a vehicle's closed container/compartment (similar to firearms/stun guns).
116
Regarding Commitment Orders after bail hearings, when can a single order be used versus multiple orders?
If multiple charges/cases are heard in the same room/court location, a single commitment order may suffice. If heard in different locations or courts, separate commitment orders are typically needed.
117
In Construction Fraud (§18.2-200.1), what effect does returning the advanced funds within the 15-day notice period have?
It can undo the criminal liability for construction fraud (though civil liability may still exist).
118
Does the statutory definition of Marijuana typically include synthetic cannabinoids?
No, the definition usually refers to the green leafy plant substance. Synthetics are often covered under different code sections unless specifically included.
119
What defines a "firearm" for the purpose of Felon in Possession (§18.2-308.2)?
A weapon designed, made, or intended to expel a projectile by the action of an explosion or combustion. (Explicitly does not include items like BB guns for this charge).
120
What is the essential link or subject matter for a Substantial Risk Order?
Firearms. The order relates to the respondent's possession of firearms when they pose a substantial risk.
121
Who specifically must be heard from for the Medical TDO for an inmate, according to the notes?
A licensed medical physician, psychologist, or psychiatrist who has examined the inmate and attempted to obtain consent.
122
Authorty for inmate Medical TDO details in the notes?
Court first
123
If multiple custody/visitation orders exist, which one is used as the basis for a violation charge?
The most recent court order, as orders can be modified over time.
124
What types of court orders can form the basis for a criminal Custody/Visitation Violation charge?
Any valid court order addressing custody or visitation, including divorce decrees.
125
Besides where the crime occurred, where else can venue generally lie?
Where any element of the offense occurred, or where the result of the offense occurred.
126
For homicide venue based on where the body was found, does it matter if the victim was alive when found?
No, venue is proper where the body was found, whether dead or alive at the time of finding.
127
What are specific venue options for Credit Card offenses besides where an act occurred?
Where the cardholder sustained the loss OR where the cardholder resides.
128
When examining a complainant/officer under oath for PC, what is generally required?
The magistrate should actively ask questions
## Footnote
Required to exmaine arresting officer
129
After obtaining pre-authorization for a citizen-initiated felony complaint, where should the paperwork typically be sent?
Send a copy to the Commonwealth's Attorney (CA).
130
Where is the return for a Search Warrant filed?
With the clerk of the Circuit Court *where the search was conducted.*
131
What documents does the executing officer typically carry and leave regarding a search warrant?
The officer executes the *original* search warrant and should leave a *copy* of the warrant and a *copy* of the affidavit with the property owner/occupant.
132
Can a magistrate rely on their common sense and experience when evaluating PC for a search warrant?
Yes, magistrates can use common experience and make reasonable inferences (e.g., drug dealers likely keep related items at home).
133
Can larceny occur if the defendant initially received the property with permission?
Yes, if they initially possess it lawfully but later form the intent to steal and wrongfully convert it. ("Doesn’t matter if got with permission").
134
What is a typical context for Embezzlement?
Often involves employees converting property belonging to their employer.
135
Give a simple example illustrating Embezzlement.
An employee is given the company car to run an errand but instead takes it for personal use (like a trip to the beach) contrary to the owner's rights, even without intending to keep it forever.
136
When sending the 5-day notice letter for a bad check, what address should be used?
Use the address shown on the check itself (or the last known address). The key is sending it certified, return receipt requested if you use the *last known* address
137
If someone breaks into a dwelling with intent to commit a misdemeanor other than A&B or Trespass (e.g., vandalism), what specific burglary charge applies?
Statutory Burglary §18.2-92 (Intent to commit misdemeanor other than A&B/Trespass). This clarifies why trespass alone, even with a break/enter, isn't charged as §92 burglary.
138
Does a landlord generally have the authority to forbid a tenant from entering their rented premises, even if rent is late or lease terms are broken?
No, a tenant generally retains the right/authority to be there until legally evicted. Trespass after forbidden typically doesn't apply to tenants in their rented dwelling.
139
Explain Wharton's Rule in the context of Conspiracy with an example.
A conspiracy requires more parties than are logically necessary to commit the underlying crime. Ex: One buyer + one seller of drugs = no conspiracy (necessary parties). Two drug dealers agreeing to sell = conspiracy possible.
140
What distinguishes criminal Attempt from mere Preparation?
Attempt requires a direct step or action towards committing the crime itself, going beyond just planning or preparing. Ex: Texting about a meeting place is preparation; arriving armed at the location might be an attempt.
141
What presumption arises if someone possesses obscene material in a public place?
It may create a presumption of intent to sell or distribute ("Take it into public assume for sale").
142
How many images in a temporary internet cache might fall under a statutory exception for possession of child pornography?
"3 images" for the temporary internet cache context.
143
If drugs are found in a shared space (e.g., a car, a room), what is often key to charging joint possession?
Establishing a connection or nexus between each individual charged and the container holding the drugs or the drugs themselves.
144
What potential ownership issue should be considered when accepting *real property* for a bond?
How the property is titled (e.g., Tenants by the Entirety vs. Tenants in Common) as it affects whether one owner can encumber the entire property.
145
Is the intended use of an item relevant when determining if carrying it concealed violates §18.2-308?
No. If the item is a listed weapon (like a razor) or a weapon "of like kind," carrying it concealed is illegal regardless of the person's intended use (e.g., carrying a razor for work).
146
How hidden must a weapon be to qualify as "hidden from common observation" for a concealed weapon charge?
It doesn't have to be completely invisible. Being partially obscured is sufficient if its identity as a weapon is not readily apparent through ordinary observation.
147
Give a specific example of conduct constituting Obstruction under §18.2-460(A).
Examples include physically blocking an officer, refusing to comply with a lawful command during an investigation/detention, or actively destroying evidence (like spitting out and swallowing drugs).
148
In the context of Fleeing from LEO (§18.2-460(E)), what clarifies the requirement that the officer have the "immediate physical ability" to arrest?
There should be no significant barrier (like a river) or unreasonable distance preventing the officer from making the arrest if the person stopped fleeing.
149
To violate False ID to LEO (§18.2-461), must the person provide a false name, or is refusing to provide a name sufficient?
The person must provide a false name or other false identifying information. Simply refusing to provide a name does not violate this specific statute (though it might constitute obstruction in some contexts).
150
What proximity is generally required for Curse & Abuse (§18.2-416)?
The communication must be essentially "face-to-face." Shouting insults from 50 yards away was deemed too far in one example.
151
How broadly is "writing" defined for the purpose of Forgery (§18.2-172)?
Very broadly. It can include almost any document or even other items (like altering a photograph in a magazine was mentioned as a potential example) if done with intent to defraud and it prejudices another's rights.
152
Can store employees be charged with Credit Card Fraud (§18.2-195)?
Yes, if they knowingly allow someone to use a card improperly (e.g., knowing it's stolen/expired) or improperly charge more than authorized to a valid card, with intent to defraud.
153
Does Credit Card Fraud (§18.2-195) typically apply to fraudulent use of a business or corporate credit card?
The notes indicate it might not apply ("Biz credit card wont work"), suggesting the statute may be focused on personal credit cards. (Check specific statute language for confirmation).
154
What is the mandatory action for a magistrate regarding an inmate Medical TDO if all statutory requirements are met?
The magistrate SHALL issue the Medical TDO. (This emphasizes the mandatory nature noted).
155
What is listed as a requirement for an inmate Medical TDO in the notes, although its specific meaning isn't elaborated upon?
"Region" is listed as a requirement. (This captures the term directly from the notes).
156
What specific types of conditions necessitate the urgent (within 12 hours) treatment required for an inmate Medical TDO?
Conditions where treatment is required within 12 hours to prevent death, disability, or a serious irreversible condition. (This adds specificity from the standard).
157
What specific types of licensed professionals can provide the necessary assessment and attempt consent for an inmate Medical TDO?
A licensed medical physician, psychologist, or psychiatrist. (This explicitly lists the professionals mentioned).
158
What type of material constitutes Child Pornography under the statute?
It must be visual material (picture, photo, digital image, film, etc.) depicting a minor in sexually explicit conduct or obscene nudity.
159
How is an "identifiable minor" defined for Child Pornography offenses?
A person who was a minor when the image was created/modified (or whose image was used) AND is recognizable as an actual person (by face, likeness, distinguishing features). It does not require literal identification like a name.
160
Regarding computer possession, what is the significance of material being "Downloaded" versus only in the "temporary Internet cache"?
Material intentionally downloaded and saved generally constitutes knowing possession. The notes mention a limited exception for material solely in the temporary Internet cache (specifically 3 images or more, per § 18.2-374.1:1(C)), implying that exceeding this threshold or actively saving/downloading negates the exception.
161
The Disorderly Conduct statute applies broadly in public, but what two locations are noted as specific exclusions where it generally does not apply?
Inside one's own private house OR inside a private hotel room one has rented.
162
The notes state RTLD must be relevant to a crime. What examples of such crimes are mentioned?
Abduction, larceny, and other continuing offenses (where location data is actively relevant).
163
When making the Probable Cause finding for a Substantial Risk Order, what must the magistrate consider?
All relevant evidence presented, typically via the affidavit and any testimony under oath
164
For statutory burglary charges (§§ 90 and 91), what types of structures qualify besides dwelling houses?
Buildings permanently fixed to realty (stores, businesses), and also railroad cars, ships, automobiles, trucks, or trailers IF used as a dwelling house or place of human habitation..
165
What characteristics define a structure subject to burglary, even if not perfectly sealed?
It must provide security, privacy, or enclosure. The notes indicate minor gaps might be acceptable if it's generally attached to the ground with walls and a roof structure.
166
Regarding drug possession in protected locations (e.g., school zones), must the distribution occur there, or is mere possession enough?
Mere knowing and intentional possession within the protected zone (e.g., driving through school property with drugs) can be sufficient for enhanced penalties or specific charges related to that location.
167
What is the logical relationship between charging Drunk in Public (DIP) versus DUI, according to the notes?
The standard for intoxication is the same. If someone is intoxicated enough for DIP but was *not operating* a vehicle (a DUI element), you charge DIP. If they *were* operating, you'd charge DUI because the intoxication standard is met. Essentially, you can't charge DIP if the facts support a DUI charge.
168
What constitutes "Breaking" in Virginia burglary law?
The application of any force, however slight, to gain entry without permission (e.g., pushing open a closed door, opening an unlocked window, turning a lock). It can be actual (physical force) or constructive (using threats, fraud, or conspiracy).
169
What constitutes "Entering" in Virginia burglary law?
Any intrusion, however slight, of any part of the body (or an instrument connected to the person used for the crime) into the interior space of the structure after a breaking has occurred or through an opening
170
Under VA Code § 18.2-90 (Intent to commit MRRA), what methods of entry are specified?
1. Entering without breaking (but only at nighttime).
2. Breaking and entering (daytime or nighttime).
3. Entering and concealing oneself (daytime or nighttime).
171
For § 18.2-90 (Intent to commit MRRA), when is "entering" sufficient without a corresponding "breaking"?
When the entry occurs at **nighttime** (entering without breaking) OR when the person **enters and conceals** themselves (day or night), which doesn't require a traditional break.
172
Under VA Code § 18.2-91 (Intent to commit Larceny, A&B, Other Felony), what methods of entry satisfy the statute?
This section incorporates the methods from § 18.2-90. Therefore, it covers:
1. Entering without breaking (but only at nighttime).
2. Breaking and entering (daytime or nighttime).
3. Entering and concealing oneself (daytime or nighttime).
173
For § 18.2-91 (Intent to commit Larceny, A&B, Other Felony), when is "entering" sufficient without a corresponding "breaking"?
Similar to § 18.2-90, entry without breaking is sufficient ONLY if it occurs at nighttime. Entering and concealing oneself (day or night) also satisfies the entry element without requiring a traditional break.
174
Under VA Code § 18.2-92 (Intent to commit Other Misdemeanor in occupied dwelling), what method of entry is required?
This statute specifically requires breaking AND entering the occupied dwelling house.
175
For § 18.2-92, is "entering" alone (without breaking) sufficient?
No. Unlike §§ 18.2-90 and 91, § 18.2-92 explicitly requires both breaking and entering. Entering without breaking (e.g., walking through an open door of an occupied house with misdemeanor intent) would not satisfy this specific statute.
