Exam 4 Flashcards
(34 cards)
5 Key Elements of the B&E Statutes
BEPIT
- Breaking
- Entry
- Property of Another
- Intent
- Time of day/night
• suspect not armed with a dangerous weapon;
• assaults another with force or violence;
• with intent to rob or steal
M/F?
ROA?
Unarmed Assault with Intent to rob or steal
Felony
All felonies are arrestable
• suspect armed with a dangerous weapon;
• assaults another;
• with the intent to rob or murder
M/F?
ROA?
Armed Assault with Intent to rob or murder
Felony
All felonies are arrestable
The defendant has the intent to steal a motor vehicle and does one of the following:
• assaults,
• confines,
• maims or,
• puts any person in fear
For the purpose of stealing a motor vehicle.
M/F?
ROA?
Carjacking
Felony
All felonies are arrestable
• the suspect willfully and maliciously engaged;
• in a pattern of conduct or series of acts (at least 3 incidents);
• which were directed against a specific person; and
• constituted harassment
M/F?
ROA?
Criminal Harassment
Misdemeanor
Arrest on probable cause (Probable Cause, Statutory)
• the suspect willfully and maliciously engaged;
• in a pattern of conduct or series of acts (at least 3 incidents);
• which were directed against a specific person; and
• constituted harassment;
• involved a threat with intent to cause imminent fear of death or serious bodily injury
M/F?
ROA?
Stalking
Felony
All felonies are arrestable
• the defendant knowingly participated in the commission of the crime charged; and
• had or shared the required criminal intent
Accomplice/ Joint Venture
• without lawful authority;
• the suspect intentionally;
Type 1: Forcibly or secretly confined another person against his will; OR
Type 2: inveigled another person with the intent to forcibly or secretly confine him against his will.
M/F?
ROA?
Kidnapping
Felony
All felonies are arrestable
Parental or Relative Kidnapping
Type 1: Child under 18 M/F?
Type 2: Child under 18 in danger or removed from the commonwealth M/F?
Type 3: Incompetent/ Other Person M/F?
Type 4: Incompetent/ Other in Danger M/F?
Felony
Type 2 and Type 4
Misdemeanor
Type 1 and Type 3
Moving anything that bars the way into a building or vehicle
Breaking
The unlawful making of one’s way into a building or vehicle
Entry
A place where people live. Includes tenements, hotels, motels, institutions, sanitariums, boarding houses, apartments houses,hospitals, etc.
Dwelling house
Includes buildings, motor vehicle, ships, vessels, trucks, and railroad cars.
Premises
What is nighttime?
Beginning one hour after sunset and one hour before sunrise the next day.
When a person enters a home or building at any time of day or night, the law presumes that he _____________.
Intends to steal
the suspect breaks and enters;
• a building, ship, vessel, or vehicle;
• in the nighttime;
• with intent to commit a felony
M/F?
ROA?
B&E with Intent to Commit Felony
Felony
All felonies are arrestable
•breaks and enters with intent to commit a felony; OR
• enters with intent to commit a felony and then breaks into;
• a dwelling house;
• in the nighttime; and
The suspect:
• is not armed with a dangerous weapon while in the house; and
• does not assault a lawful occupant.
M/F?
ROA?
Burglary
Felony
All felonies are arrestable
•breaks and enters with intent to commit a felony; OR
•enters with intent to commit a felony and then breaks into;
• a dwelling house
•in the nighttime
•while someone is inside AND
•arms himself with a dangerous weapon before going into or while inside the dwelling
M/F?
ROA?
Aggravated Burglary
Felony
All felonies are arrestable
•the suspect breaks and enters;
•at any time of day or night
•a building, ship, vessel, or vehicle;
•with the intent to commit a misdemeanor
(e.I homeless persons finding shelter)
M/F?
ROA?
B&E with intent to commit a misdemeanor
Misdemeanor
In presence, breach of peace
•enters without breaking in the nighttime; OR breaks and enters in the daytime
•building, vessel, vehicle
•with the intent to commit a felony;
•no person lawfully inside is “put in fear”
M/F?
ROA?
B&E Daytime
Felony
All felonies are arrestable
•enters without breaking in the nighttime; OR breaks and enters in the daytime
•building, vessel, vehicle
•with the intent to commit a felony;
•the owner or any other person lawfully inside is “put in fear”
M/F?
ROA?
Aggravated B&E Daytime
Felony
All felonies are arrestable
•entering a dwelling
•in the daytime;
•by a false pretense;
•with the intent to commit a felony, or with the actual result of a larceny inside
(I.e Acting like a Verizon guy)
M/F?
ROA?
Daytime Entry by False Pretense
Felony
All felonies are arrestable
•the suspect had a specific intent to commit the crime; and
•took some overt act towards its commission; and
•did not complete the crime because his effort failed or was interrupted
Attempt to commit a crime
If attempts involves a felony punishable by 5 years in state prison
M/F?
Felony
