Other crimes

Question 1

Specific intent crimes

Answer 1

you need specific intent to do these crimes

Question 2

larceny

Answer 2

1) trespassory taking
2) carrying away
3) personal property of another
4) with intent to permanently deprive

even if you put it back, still guilty

Question 3

exception to larceny

Answer 3

continuing tresspass

Question 4

continuing tresspass

Answer 4

wrongfully taking it w/o permission; no intent to steal at time of taking; decide to take it later

Question 5

burglary (common law)

Answer 5

1) breaking and entering
2) dwelling of another
3) @ night
4) with intent to commit felony therein

Question 6

exception to breaking

Answer 6

if door is wide open, not burglary in CL

Question 7

types of breaking in CL

Answer 7

picking lock, cutting alarm, shattering glass, enlarging of the door or window; entering by force or fraud; any part of your body goes across the threshold

Question 8

what is not a dwelling under CL

Answer 8

Office, store, your own home

Question 9

burglary intenr

Answer 9

intent must be present at the moment of breaking, felony does not have to actually be committed

Question 10

only apply the modern trends of burglary if

Answer 10

the facts give you a specific statute or the facts make it obvious

Question 11

larceny merges

Answer 11

into robbery

Question 12

Robbery

Answer 12

larceny (TT, Carrying away, property) plus force, intimidation, or fear

Question 13

is robbing a bank by holding up a gun and saying give me the money robbery?

Answer 13

yes

Question 14

is threatening someone with a sniper far away that he cant see robbery?

Answer 14

yes

Question 15

is holding someone up with a water pistol and he laughs and gives you the money robbery?

Answer 15

no

Question 16

Assault

Answer 16

1) intent to commit battery or
2) intent to place someone in imminent fear

Question 17

are words enough for assault?

Answer 17

no

Question 18

Larceny by trick

Answer 18

obtain possession to property by false statement

use this as the default crime before false pretense or embezzlement

Question 19

false pretenses

Answer 19

obtaining TITLE by trick or lying

look for documents or papers, fraudulent scams, or two way transactions

Question 20

Jon lies to you to get your car and drives it around for a year

Larceny or false pretenses?

Answer 20

larceny by trick (no title)

Question 21

jon lies to you that he has to drive to the hospital, so you give him title and registration to your car

Answer 21

false pretenses

Question 22

jon tricks you into signining the deed of your house?

Answer 22

false pretenses

Question 23

jon sells you a fake rolex?

Answer 23

false pretenses

Question 24

Embezzlement

Answer 24

1) lawful possession of stolen property
2) converted for own use

Question 25

receiving stolen property

Answer 25

1) physical possession of stolen property 2) knowledge it was stolen 3) intent to keep

Question 26

forgery

Answer 26

1) fraudulently making of false doc 2) with legal significance 3) intended wrongful use

Question 27

Accomplice Liability

Answer 27

1) specific intent to achieve the crime 2) aid or abet the completion of the crime

Question 28

Crimes Accomplice is guilty of

Answer 28

all underlying crimes completed; if the crime isnt completed, acomplice is only guilty of accomplice liability

Question 29

ABF

Answer 29

not present @ scene of crime

Question 30

AAF

Answer 30

1) felony completed 2) knowledge of completed crime 3) aid to avoid arrest/conviction

Question 31

GENERAL INTENT CRIMES

Answer 31

no specific intent is required the act itself is enough

Question 32

Battery

Answer 32

unlawful application of force

Question 33

arson

Answer 33

malicious (reckless) burning of the dwelling of another

Question 34

reckless definition

Answer 34

knew or should have known harm could occur

Question 35

common law arson

Answer 35

burning your own home is not arson

Question 36

modern trend

Answer 36

will give you a statute or make it obvious they are testing arson

Question 37

rape

Answer 37

1) unlawful sexual intercourse 2) by male with a female 3) w/o consent

Question 38

rape and kidnapping are usually tested by

Answer 38

statute

Question 39

kidnapping

Answer 39

unlawful restraint of a person's freedom by force

Question 40

if a question asks about attempted kidnapping it is a

Answer 40

attempt question