EXM2.IdentifyCrimes Flashcards by G Holland

Name the Crime:

Anyone who enters any:

house, room, apartment, tenement, store, shop, warehouse, mill, barn, stable, outhouse, or a building, tent, vessel, vehicle trailer, airplane, or railroad car with intent to commit any theft or any felony is guilty of…

Burglary

How well did you know this?

Not at all

Perfectly

Running low at home, Bruce enters an outhouse and takes the rest of the toilet paper roll for his home - Does this qualify as Burglary?

Yes - Outhouse is listed and intent is suggested

How well did you know this?

Not at all

Perfectly

What must someone have to qualify for “Burglary” crime?

(1) Entering any of the listed locations in statute
(2) With Intent to commit theft or any felony

How well did you know this?

Not at all

Perfectly

What must someone have to qualify for “Commercial Burglary” crime?

(1) Entering a commercial retailer during business hours
(2) With Intent to commit theft
(3) Under $300

1st offense - Misdemeanor punishable by a jail sentence not to exceed 6 months or fine of $1,000 or both

2nd offense - has been found guilty or plead guilty within 5 years of 1st offense is a Misdemeanor punishable by a jail sentence of not to exceed 1 year, a fine of $2,000 or both

3rd offense - within 5 years found guilty or plead guilty 2 or more times within 5 years is guilty of a FELONY

How well did you know this?

Not at all

Perfectly

Punishment for “Commercial Burglary” - 1st offense

1st offense - Misdemeanor punishable by a jail sentence not to exceed 6 months or fine of $1,000 or both

How well did you know this?

Not at all

Perfectly

Punishment for “Commercial Burglary” - 2nd offense

2nd offense - has been found guilty or plead guilty within 5 years of 1st offense is a Misdemeanor punishable by a jail sentence of not to exceed 1 year, a fine of $2,000 or both

How well did you know this?

Not at all

Perfectly

Punishment for “Commercial Burglary” - 2nd offense

3rd offense - within 5 years found guilty or plead guilty 2 or more times within 5 years is guilty of a FELONY

How well did you know this?

Not at all

Perfectly

Who is exempt from “Unlawful Entry” under Idaho law?

Landlords - under landlord tenat relationships

How well did you know this?

Not at all

Perfectly

What must someone have done to qualify for “Unlawful Entry” crime?

Anyone who enters (except landlord-tenant relationship) any

dwelling house, apartment, tenement, shop, warehouse, store, mill , barn, stable, outhouse, or other building, tent, vessel, closed vehicle, closed trailer, airplane, rail road car, outbuilding

without the consent of the owner of such property or his agent or any person in lawful possession thereof, is guilty of a misdemeanor

How well did you know this?

Not at all

Perfectly

Name the Crime:

Anyone who enters (except landlord-tenant relationship) any

dwelling house, apartment, tenement, shop, warehouse, store, mill , barn, stable, outhouse, or other building, tent, vessel, closed vehicle, closed trailer, airplane, rail road car, outbuilding

without the consent of the owner of such property or his agent or any person in lawful possession thereof, is guilty of a misdemeanor

Unlawful Entry

How well did you know this?

Not at all

Perfectly

When is “Unlawful Entry” classified as a Felony?

When someone enters any permanent or temporary dwelling without consent while being pursued by a peace officer - “fresh pursuit” only

How well did you know this?

Not at all

Perfectly

Does “Unlawful Entry” require intent?

NO but these acts are “intentional”

How well did you know this?

Not at all

Perfectly

Running from the police sally ducks into the open front door of a house - What is she guilty of?

Unlawful entry - FELONY because she was being freshly pursued by police

How well did you know this?

Not at all

Perfectly

Name the Crime:

A person steals property and commits __________ when, with INTENT to deprive another of property or to appropriate the same to himself or to third person, he wrongfully takes, obtains or withholds such property from an owner thereof

Theft

How well did you know this?

Not at all

Perfectly

Name the Crime:

A person is guilty of ________________ when he commits a theft as defined in this chapter and when the
property, regardless of its nature and value, is obtained by extortion committed by instilling in
the victim a fear that the actor or another person will:

Cause physical injury to some person in the future; or
Cause damage to property; or
Use or abuse his position as a public servant by engaging in conduct within or related
to his official duties, or by failing or refusing to perform an official duty, in such manner as
to affect some person adversely.

Grand Theft (by Extortion)

How well did you know this?

Not at all

Perfectly

Danny threatens to break your grandma’s leg if you don’t give him your lunch money for the rest of the week. You hand over the money - What is he guilty of?

Grand Theft (by Extortion) - (1) -Causing physical injury to some person in the future

How well did you know this?

Not at all

Perfectly

Danny threatens to release your nude snapchat video if you do not send him $1.00
by Friday, which you send - What is Danny Guilt of?

Grand Theft (by Extortion) - Money is property

How well did you know this?

Not at all

Perfectly

If someone abuses their position of authority to extort money - they are guilty of?

Grand Theft (by Extortion)

How well did you know this?

Not at all

Perfectly

Name the Crime:

The value of the property taken exceeds one thousand dollars ($1,000); or
The property consists of a public record, writing or instrument kept, filed or deposited
according to law with or in the keeping of any public office or public servant; or
The property consists of a check, draft or order for the payment of money upon any
bank, or a check, draft or order account number, or a financial transaction card or
financial transaction card account number as those terms are defined in section 18-3122,
Idaho Code; or
The property, regardless of its nature or value, is taken from the person of another; or
The property, regardless of its nature and value, is obtained by extortion; or
The property consists of one (1) or more firearms, rifles or shotguns; or
The property taken or deliberately killed is livestock or any other animal exceeding one
hundred fifty dollars ($150) in value.
When any series of thefts, comprised of individual thefts having a value of one
thousand dollars ($1,000) or less, are part of a common scheme or plan, the thefts may
be aggregated in one (1) count and the sum of the value of all of the thefts shall be the
value considered in determining whether the value exceeds one thousand dollars
($1,000); or
The property has an aggregate value over fifty dollars ($50.00) and is stolen during
three (3) or more incidents of theft during a criminal episode. For purposes of this
subparagraph a “criminal episode” shall mean a series of unlawful acts committed over a
period of up to three (3) days; or
The property is anhydrous ammonia.

Grand Theft

How well did you know this?

Not at all

Perfectly

Name the Crime:

A series of thefts amounting to over $1,000?

Grand Theft

How well did you know this?

Not at all

Perfectly

Name the Crime:

Value of property taken exceeds $1,000?

Grand Theft

How well did you know this?

Not at all

Perfectly

Name the Crime:

Property taken is a check or credit card?

Grand theft

How well did you know this?

Not at all

Perfectly

Name the Crime:

Property regardless of its nature or value is taken from the person of another>?

Grand Theft

How well did you know this?

Not at all

Perfectly

Name the Crime:

Property regardless of its nature or value is obtained by extortion

Grand Theft

How well did you know this?

Not at all

Perfectly

Name the Crime: Property taken consists of (1) or more firearms, shotguns or rifles?

Grand Theft

Name the Crime: Property is taken or deliberately killed is livestock or other animal exceeding $150

Grand Theft

Name the Crime: When property stolen is Anhydrous Ammonia

Grand Theft

Name the Crime: crime is a Misdemeanor punishable by not more than $1,000 or by imprisonment in the county jail for not more than six months or both where Goods, wares or merchandise found concealed upon the person shall be prima facie evidence of a willful concealment

Willful Concealment

What is the difference between a misdemeanor and felony for Operating a Vehicle without owners consent - “Joy Riding” ?

Felony = Damages exceed $1,000 or combo of damages and property taken from vehicle

When does theft become robbery?

when Fear or Force are used

What is “Petit Theft”?

When it does not constitute “Grand Theft"

Name the Crime: John takes a dollar bill from Charley’s shirt pocket without Charley noticing

Grand Theft - (1) (b) (4) - Property regardless of its nature or value is taken from the person or another

Name the Crime: Permanently depriving Joe of his $300.00 shotgun

Grand Theft - (1) (b) (6) - Taking a firearm, shotgun or rifle of any value

Name the Crime: You have reached your 1,001-day goal of shopliWing a single item from the dollar store.

Grand Theft - (1) (b) (8) - Common Scheme or plan

Name the Crime: Farmer Brown won’t miss a single drop of anhydrous ammonia, will he?

Grand Theft - (1) (b) (10) - property is Anhydrous Ammonia

Is “Willful Concealment” a misdemeanor or felony?

Misdemeanor

Name the Crime: felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.

Robbery

Name the Crime: Bailey tried the same thing with Jeﬀrey, but Jeﬀrey felt the $100.00 being removed from his pocket and quickly turned around.

Robbery - b/c he felt the force of the money being taken

What is the difference between a misdemeanor and felony FTC crime?

Under $300 = Misdemeanor Over $300 = Felony

What sections are Felony and what sections are misdemeanors with “Computer Crime”?

Violations of (1) and (2) under this code = Felony Violation (3) under this code = Misdemeanor

Name the Crime: Boyd starts trolling Facebook pages to find out who is on vacation. He then contacts their friends pretending he is their friend in need of bail money.

Computer Crime - (1) knowingly uses a computer to defraud

Name the Crime: Jenn hacks into her corporaSon’s computer network and makes the CD drive open anytime someone hits the delete key.

Computer Crime - (2) act is “altering" and she did it without authorization

Aggravated “Assault” and “Battery” are?

Felonies Aggravated Assault focuses on the means (e.g., deadly weapon, caustic substance) Aggravated Battery emphasizes the outcome (e.g., great bodily harm, disability) or specific targets (e.g., embryo/fetus, with noted exceptions).

Aggravated Trespass

Involves additional factors (e.g., intent to commit a felony, repeat offenses), potentially escalating to a felony with harsher penalties.

Trespass with damage

Trespass with Damage: Adds significant property damage (> $1,000), still a misdemeanor but with added consequences.

A person who maliciously (intentionally or recklessly) injures or destroys another’s real or personal property, jointly owned property without permission, or marital community property, is guilty of a ______________

Misdemeanor Malicious Injury to Property Penalty: Up to 1 year in county jail, a fine up to $1,000, or both.

Aggravated Offense (Felony): The offense becomes a felony if?

The damage exceeds $1,000 in value, or Multiple violations are part of a common scheme or plan, aggregated into one count, with total damage exceeding $1,000. Penalty: 1–5 years in state prison, a fine up to $1,000, or both.

It is a _________ for a person, with malicious intent and specific intent to intimidate or harass another based on their race, color, religion, ancestry, or national origin, to:

Felony Malicious Harassment - Cause physical injury to another person; - Damage, destroy, or deface (e.g., cross-burnings or placing symbols of racial, religious, or ethnic terrorism) their real or personal property without permission; or - Threaten, by word or act, to commit the above acts, with reasonable cause to believe the threat will be carried out.

Name the Crime: * The offense requires specific intent to target someone due to their protected characteristics (race, color, religion, ancestry, national origin).

Malicous Harassment Penalty: As a felony, it is punishable by up to 5 years in prison and/or a fine up to $5,000 (per Idaho Code § 18-112).

Punishment for general Offense of “Disturbing the Peace"

Misdemeanor Penalty: Both offenses are misdemeanors, punishable by up to 6 months in county jail, a fine up to $1,000, or both (per Idaho Code § 18-113).

Name the Crime: by maliciously and willfully disturbing the peace or quiet of a neighborhood, family, or person through: o Loud or unusual noise; o Tumultuous or offensive conduct; o Threatening, slandering, quarreling, challenging to fight, or fighting; o Firing a gun or pistol; or o Using vulgar, profane, or indecent language loudly in the presence or hearing of children.

Disturbing the Peace - Misdemeanor level Penalty: Both offenses are misdemeanors, punishable by up to 6 months in county jail, a fine up to $1,000, or both (per Idaho Code § 18-113).

A person commits a___________________- by maliciously and willfully disturbing the dignity or reverential nature of a funeral, memorial service, funeral procession, burial ceremony, or viewing of a deceased person.

Misdemeanor Penalty: Both offenses are misdemeanors, punishable by up to 6 months in county jail, a fine up to $1,000, or both (per Idaho Code § 18-113).

Name the Crime: by willfully resisting, delaying, or obstructing a public officer in the performance of their duties, or by knowingly giving a false report to a peace officer, when no other specific punishment is prescribed.

Resisting or Obstructing Officers Penalty: Up to 1 year in county jail, a fine up to $1,000, or both.

What degree of arson has - Felony, up to 25 years in prison, $100,000 fine, or both.

1str degree

What degree of arson has - Felony, up to 15 years in prison, $75,000 fine, or both.

2nd Degree

What degree of arson has - Felony, up to 10 years in prison, $50,000 fine, or both.

3rd degree

Name the Crime: Extends the sentence for the underlying arson conviction by up to 10 additional years.

Aggravated Arson

Name the Crime: Committing 1st, 2nd, or 3rd-degree arson that directly or indirectly causes great bodily harm, permanent disability, disfigurement, or death to a firefighter or any person, regardless of intent.

Aggravated Arson Extends the sentence for the underlying arson conviction by up to 10 additional years.

Name the Crime: Accesses or uses a computer, system, or network to devise/execute a scheme to defraud, obtain money/property/services through false pretenses, or commit theft (felony).

Computer Crime (1) Felony, punishable by up to 7 years in prison, a fine up to $7,000, or both (per Idaho Code § 18-112).

Name the Crime: Without authorization, alters, damages, or destroys a computer, system, network, or its software, programs, documentation, or data (felony).

Computer Crime (2) Felony, punishable by up to 7 years in prison, a fine up to $7,000, or both (per Idaho Code § 18-112).

Name the Crime: Without authorization, uses, accesses, or attempts to access a computer, system, network, or its software, programs, documentation, or data (misdemeanor).

Computer Crime (3)

Penalty for Felony Computer Crime (1) and (2)

Felony, punishable by up to 7 years in prison, a fine up to $7,000, or both (per Idaho Code § 18-112).

Penalty for Computer Crime (3)

Misdemeanor, punishable by up to 6 months in jail, a fine up to $1,000, or both (per Idaho Code § 18-113).

Is Aggravated Arson a stand-alone charge?

No - it is an enhancement charge

Name the Crime: Jim burns his haystack and files a loss claim with his insurer

1st Degree Arson 18-802(4) — personal property w/ intent to deceive insurer

Name the Crime: Upset with your neighbor Moses, you light the bushes in his front yard on fire. Firefighters respond and while fighSng the fire one of the firefighters gets his pinky finger burned leaving a 1 cm scar.

3rd Degree Arson Qualifies for “ permanent disfigurement"

Name the Crime: Betty sets fire to her oﬃce building after it is closed for business. While responding the fire truck unfortunately runs over a cub scout helping an elderly woman cross the street.

1st Degree Arson Business after hours an is AGGRAVATED

What is the diﬀerence between a misdemeanor and a felony for “Malicous Injury to Property”?

Felony = over $1,000

Trespass

How is “battery” diﬀerent from “assault” under Idaho Code language?

Offensive Touching

Name the Crime: Any household member who in committing a battery, as defined in section 18-903, Idaho Code, inflicts a traumatic injury upon any other household member is guilty of a felony

DV when it becomes a felony

Name the Crime: any willful physical contact, over or under the clothing, with the intimate parts of any person, when the physical contact is done without consent and with the intent to degrade, humiliate or demean the person touched or with the intent of arousing, appealing to or gratifying the lust, passion or sexual desires of the actor or any other person. For purposes of this section, “intimate parts” means the genital area, groin, inner thighs, buttocks or breasts.

Sexual Battery Sexual battery is a misdemeanor and shall be punishable by up to one (1) year in jail, or a fine of up to two thousand dollars ($2,000), or both

Penalty for “Aggravated Sexual Battery” is a _______

Felony - 20 years or less Aggravated sexual battery is a felony and shall be punishable by imprisonment in the state prison for a period not to exceed twenty (20) years

When does “Sexual Battery” become “Aggravated”?

sexual battery becomes "aggravated" when it involves factors like significant force or violence, use of a deadly weapon, serious bodily injury, penetration, a minor victim (especially under 16), or a victim incapable of consent (e.g., unconscious or incapacitated

Child custody interference is a _____________ when child is taken out of state

Felony

Name the Crime: circumstances or condi:ons likely to produce great bodily harm or death, willfully causes or permits any child to suﬀer, or inflicts thereon unjus:fiable physical pain or mental suﬀering, or having the care or custody of any child, willfully causes or permits the person or health of such child to be injured, or willfully causes or permits such child to be placed in such situation that its person or health is endangered

Injury to Children is punishable by imprisonment in the county jail not exceeding one (1) year, or in the state prison for not less than one (1) year no more than ten (10) years.

Name the Crime: Knowingly and maliciously engaging in a course of conduct (two or more acts) that seriously alarms, annoys, or harasses the victim and would cause a reasonable person substantial emotional distress or fear for their safety or the safety of a family/household member

2nd degree stalking (Misdemeanor)

Name the Crime: stalking plus one or more aggravating factors, such as: Credible threat, Violation of protective order or no contact order, Prior stalking conviction, victim is a minor and perp is at least 5 years older and using a deadly weapon

1st Degree Stalking - (Felony)

Difference between Burglary and Unlawful entry

burglary occurs when a person enters a building, structure, vehicle, or other specified place with the intent to commit theft or any felony unlawful entry occurs when a person enters or remains unlawfully in or upon the premises of another without permission, license, or legal authority. It typically applies to trespassing situations where no criminal intent beyond unauthorized entry is required. Main difference is INTENT

EXM2.IdentifyCrimes Flashcards

(80 cards)