Specific Crimes 2 (Property) Flashcards
(29 cards)
Carjacking
Taking OR attempting to take
A motor vehicle
From another person by force and violence or intimidation
While a person is operating or sitting in the vehicle
What is a building
Any structure, vehicle, watercraft, or aircraft WHERE
any person lodges or lives OR
Where people assemble for business
What is a dwelling
House, outhouse, apartment, building, erection, shed, or box in which there sleeps a tenant, watchman
Within 200 yards rule
Burglary 1st degree
Entering the structure of another
W/O Consent
With intent to commit a crime therein AND;
One or more of aggravating factors w/ regard to defendant
General sessions
Burglary 2nd degree
W/ intent to commit a crime therein but NO AGGRAVATING FACTORS
OR
Entering a building
W/o consent
Intent to commit a crime therein AND
One or more of aggravating factors
Burglary 3rd degree
W/ intent to commit a crime therein but NO AGGRAVATING FACTORS PRESENT
Robbery
The illegal taking of property from the person of another, or in their presence, by violence or intimidation; aggravated larceny
Common law Robbery/ Strong Arm Robbery
Larceny from the person or the immediate presence therof
Accomplished by the use of intimidation or use of force
Armed Robbery
Larceny from the person or in the presence therof
Accomplished w a deadly weapon OR
Accomplished by the person alleging they had a weapon
Trespassing 3 types
1)Entering the lands of another after notice; posting notice.
(Sufficient posting notice is at least 4 signs in conspicuous locations)
2) entering another’s land w/o permission for the purpose of hunting, fishing, trapping, netting, gathering fruit or flowers ect………
3) entering premises after warning or refusing to leave
First two offenses summary court
Third offense general sessions
Property Enhancement
A person convicted of an offense for which the term of imprisonment is contingent upon the value of property involved.
Grand Larceny
The unlawful
Taking or carrying away
Of the personal property of another
W/ intent to permanently deprive the owner of property AND
VALUE IS OVER $2000
Petit (Petty) Larceny
Same as grand larceny but value is $2000 or less
Shoplifting
Takes possession of/carry away/ transfer merchandise
W/ intent to deprive merchant of full retail value OR;
Alter/transfer/remove label price tag marking
Receive Stolen Goods
Bought, Received, or Possessed
Stolen goods or other property
Knowing the goods were stolen OR;
Had to believe the goods were stolen
Embezzlement of Public Finds
While a public employee
Handling public funds in their official capacity
Fraudulently converts those funds to their own
If convicted, accused is disqualified by a 2/3 vote of assembly
Breaking into Motor Vehicle
Breaks or attempts to break
Into a motor vehicle or its compartments
W/ intent to steal the vehicle or anything of value OR;
Into any tank, pump, or vessel where;
Kerosene, gasoline, or lubrication oil is stored
W/ intent to steal such product
Obtaining signature or property by false pretenses
W/ intent to cheat and defraud a person of that property.
Summary court $2000 or less
General Sessions $2000 or more
Malicious Injury to animals and other personal property
Willfully and maliciously
Cuts, shoots, maims, cattle, hog, sheep, goat ect…….. all animals
Summary court $2000 or less
General Sessions $2000 or more
Sale or delivery of a pistol/ possession of a pistol
The accused knowingly sell, offer to sell, deliver, lease, rent, barter, exchange, or transport for sale into this state a pistol
Person convicted of a crime of violence, fugitive, drunkard, drug addict, or mentally incompetent.
No person under 18 EXCEPT members of military active or reserve.
Discharging firearms into dwellings
Unlawfully discharges/ cause discharge
Firearms at or into
A dwelling, building, structure, or enclosure regularly occupied by persons
Drawing and Uttering Fradulent check, draft, or other written order
W/ intent to defraud
Draws, makes, utters, issues, or deliveries
A check, draft or other written order on a bank for payment of money
AND 1 OF THE FOLLOWING
DOES NOT HAVE AN ACCOUNT
NOT SUFFICIENT FUNDS
summary court $1000 or less
General Sessions $1000 or more
Arson 1st Degree
Willfully and maliciously
Cause an explosion, or burn to cause a fire that causes damage to a building or structure
AND
a person gets hurt