Criminal Law

Question 1

ATTEMPTED LARCENY
274 s. 6

Answer 1

ELEMENTS:
-Specific Intent-
-Overt act
-Failure

RofA:
Warrantless arrest in presence regardless of the value of property; otherwise a complaint.

Question 2

SPECIFIC INTENT

Answer 2

The suspect consciously intended to steal, obtained by a false pretense, or embezzle.

Question 3

UNARMED ROBBERY
265 s. 19

Answer 3

ELEMENTS:
-Force or Fear
-Theft from a person

RofA:
FELONY

Question 4

ARMED ROBBERY
265 s. 17

Answer 4

ELEMENTS:
-Weapon
-Force or fear
-Theft from a person

RofA:
FELONY

Question 5

LARCENY FROM A BUILDING
266 s. 20

Answer 5

ELEMENTS:
- Take
- Building (building, ship, vessel, or railroad car)
- Property of another
- Intent

RofA:
Felony

Question 6

LARCENY BY CHECK
266 s. 37

Answer 6

Type 1: Attempted larceny by check.
- wrote, cashed, or uttered any check for payment.
- To bank or other financial institution.
- Knowledge of insufficient funds.

Type 2: Actually larceny by check.
- suspect actually obtained money/property
RofA:
Attempted larceny by check any amount - complaint
Under $250 complaint
Over $250 warrantless arrest

Question 7

BASIC SHOPLIFTING
266 s. 30A

Answer 7

ELEMENTS:
- Intentionally
( engaged in one of the six prohibited acts)
1. Take
2. Conceal
3. Manipulate price tag
4. Switch container
5. Ring up false price
6. Remove shopping cart
- Intent to deprive
Warrantless arrest upon PC

Question 8

AGGRAVATED SHOPLIFTING
266 s. 30B, 30C, & 30D

Answer 8

Type 1: Theft devices (266 s. 30B)
- Theft detection devices
- Theft shielding devices
Type 2: Return receipts ( 266 s. 30C)
- Intent to cheat or defraud retailer
- Possessed, uttered, altered receipt
Type 3: Organized crime ( 266 s. 30D)
- while in concert with 2 more people 180 day period
- Stole, embezzled, obtained by fraud

All are Felonies

Question 9

RECEIVING STOLEN PROPERTY
266 s. 60

Answer 9

ELEMENTS:
- Stolen or fraudulently obtained
- Knowledge
- Possession

RofA:
Over $250 warrantless arrest w/PC
2nd offense any value arrest w/PC
Under $250 complaint confiscate property

Question 10

FORGERY
267 s. 1

Answer 10

ELEMENTS:
- Knowingly. Intent to injure or defraud
- Alter. Made altered or forged
- Legal documents

RofA:
Felony

Question 11

UTTERING
267 s. 5

Answer 11

ELEMENTS:
- Knowingly. Intent to injure or defraud
- Offer. Uttered and published as true
- Forged document

Question 12

AGGRAVATED BURGLARY
266 s. 14

Answer 12

ELEMENTS:
- The suspect breaks and enters with intent to commit a felony; or - Enters with the intent to commit a felony and then breaks into;
1. Dwelling
2. Night
3. Occupied
4. Weapon or assault. The suspect:
- Arms himself with dangerous weapon before going in or while inside.
- Assaults lawful occupant inside.

Question 13

BURGLARY
266 s. 15

Answer 13

ELEMENTS:
B&E suspect:
- breaks and enters with intent to commit a felony; or - Enters with intent to commit a felony and then breaks into;
1. Dwelling
2. Night
3. No weapon or assault. The suspect:
- is not armed with a dangerous weapon while in the house; and - does not assault a lawful occupant.

Question 14

HOME INVASION
265 s. 18C

Answer 14

ELEMENTS:
1. Enter
2. Aware of occupants
3. Armed
4. Threatened occupants

Question 15

ARMED ASSAULT IN A DWELLING
265 s. 18A

Answer 15

ELEMENTS:
1. Entry
2. Armed
3. Assault. Committed on person in dwelling
4. Intend felony. Had specific intent accompanying the assault.

Question 16

B&E WITH THE INTENT TO COMMIT A FELONY
266 s. 16

Answer 16

ELEMENTS:
(Two offenses are covered under this statute)
Type 1: B&E Nighttime. Suspect breaks and enters;
1. Building, ship, vessel, or vehicle
2. In the night time;
3. With the intent to commit a felony
Type 2: Breaking a Depository. The suspect attempts, succeeds in breaking, burning, blowing up or otherwise injuring;
1. Depository of money or valuables
2. Intent to commit larceny or a felony