Burglary / Robbery / MV Theft Investigations / Juvenile Law / Sex Offense Investigation Flashcards
True/False
Anyone convicted of burglary shall be guilty of a felony and will be punished by a term of not less than one year in prison.
True
List some examples of burglary tools commonly found on professional burglars.
1) Explosives
2) Slim Jims
3) Key Blanks
4) Bolt Cutters
5) Pry Bars
6) Lock Picks
7) Tension Wrenches
8) Chemicals
9) Torches
10) Welders
11) Other tools for cutting, burning, or opening containers
Loco Parentis AKA:
Legal Custodian
What is the philosophy of the juvenile court?
Rehabilitation
Who is responsible for the Juvenile Justice System?
Department of Juvenile Justice (DJJ)
When do you fingerprint a juvenile?
Felonies
What is the minimum age of a child to be tried as an adult?
17
What is the max time you can detain a juvenile without a warrant before a detention hearing?
48 hours (2 business days)
What is the max time you can detain a juvenile with a warrant until their detention hearing?
5 days with a warrant
Who is responsible for removing children from the home and relocating?
Juvenile Court
A juvenile who commits a crime is referred to as a:
Delinquent
A child who is determined to be a runaway, misses their curfew, or is not listening to their parents is known as a:
Child In Need Of Services (CHINS)
True/False
Delinquency is NOT a status offense.
True
True/False
Juveniles DO NOT have the same rights as an adult.
False
*In re Gault established that juveniles have the same rights as an adult.
Who is appointed to represent the child’s best interest?
Guardian Ad Litem
True/False
Children in Need of Services can receive aid up until 18 yoa, or up to 21 yoa if in custody.
True
What does Juvenile Court fall under?
Superior Court
This crime is committed when a person has carnal knowledge of a female forcibly and against her will, or of a female who is less than 10 years of age.
Rape
Occurs when there is any penetration, no matter how slight, of the female sex organ by the male sex organ
Carnal Knowledge
A person commits this offense when such person: 1) does any immoral or indecent act to or in the presence of or with any child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either child or person; or 2) By means of electronic device, transmits images of a person engaging in, including, or otherwise participating in any immoral or indecent act to a child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either child or person.
16-6-4(a): Child Molestation
A person commits this offense when such person commits an offense of child molestation which act physically injures the child or involves an act of sodomy.
16-6-4(c): Aggravated Child Molestation
A person commits this offense when he/she performs or submits to any sexual act involving the sex organs of one person and the mouth or anus of another.
16-6-2: Sodomy
A person commits this offense when he/she commits sodomy with force and against the will of the other person or when he or she commits sodomy with a person who is less than 10 years of age.
16-6-2(a(2)): Aggravated Sodomy
A person commits this offense when he/she engages in sexual intercourse with any person under the age of 16 years and not his/her spouse, provided that no conviction shall be had for this offense on the unsupported testimony of the victim.
16-6-3: Statutory Rape
A person commits this offense when he/she solicits, entices, or takes any child under the age of 16 years to any place whatsoever for the purpose of child molestation or indecent acts.
16-6-5: Enticing a child for indecent purposes
A person commits this offense when he performs or submits to any sexual act with an animal involving the sex organs of the one and the mouth, anus, penis, or vagina of the other.
16-6-6: Bestiality
A person commits this offense when he performs any sexual act with a dead human body involving the sex organs of the one and the mouth, anus, penis, or vagina of the other.
16-6-7: Necrophilia
A person commits this offense when he/she performs any of the following acts in a public place:
1) An act of sexual intercourse
2) A lewd exposure of the sexual organs
3) A lewd appearance in a state of partial or complete nudity
4) A lewd caress or indecent fondling of the body of another person
16-6-8: Public Indecency
A person, 18 years of age or older, commits this offense when he/she performs or offers or consents to perform a sexual act, including, but not limited to, sexual intercourse or sodomy, for money or other items of value.
16-6-9: Prostitution
A person commits this offense when he/she solicits a person to perform an act of prostitution in his/her own behalf of a third person or when he/she knowingly assembles persons at a fixed place for the purpose of being solicited by others to perform an act of prostitution.
16-6-12: Pandering
A person commits this offense when he solicits another to perform or submit to an act of sodomy.
16-6-15: Solicitation of Sodomy
A person , including a masseur or masseuse, commits this offense when he/she erotically stimulates the genital organs of another, whether resulting in orgasm or not, by manual or other bodily contact exclusive of sexual intercourse or by instrumental manipulation for money or the substantial equivalent thereof.
16-6-16: Masturbation for hire
A married person commits this offense when he voluntary has sexual intercourse with a person other than his spouse.
16-6-19: Adultery
A person commits this offense when such person engages in sexual intercourse or sodomy with a person whom he/she knows he/she is related to either by blood or by marriage as follows:
1) Father & child or stepchild;
2) Mother & child or stepchild;
3) Siblings of the whole blood or of the half blood;
4) Grandparent & grandchild of the whole blood or the half blood;
5) Aunt and niece or nephew of the whole blood or of the half blood;
6) Uncle and niece or nephew of the whole blood or of the half blood.
16-6-22: Incest
A person commits this offense when he/she intentionally makes physical contact with the intimate parts of the body of another person without the consent of that person.
- Intimate parts meaning: primary genital area, anus, groin, inner thighs, or buttocks of a male or female and the breasts of a female.
16-6-22.1: Sexual Battery
A person commits this offense when he/she intentionally penetrates with a foreign object the sexual organ or anus of another person without the consent of that person.
16-6-22.2: Aggravated Sexual Battery
What is a juvenile entitled to In Re Gault?
The right to council.
Which court oversees any case involving a child?
Juvenile Court
A deprived child or juvenile, that is not a delinquent, may receive services until what age?
21 years of age
What type of crime has to be committed for a juvenile to be fingerprinted?
Felony
If a child is out past curfew, would they need to be fingerprinted?
NO
The lawyer assigned to a deprived child is known as the:
Guardian Ad Litem
Every county has this type of court.
Juvenile
Who can file a petition when they have a belief that a juvenile is being deprived or beaten?
Anyone
True/False
Juveniles are entitled to a jury trial.
False
How old does a child need to be to remain a juvenile.
17 and under
A juvenile with a criminal charge is also known as a:
Delinquent
DJJ stands for what?
Department of Juvenile Justice
What does the acronym CHINS stand for?
Child In Need of Services
A child that is released to their parents has to see a judge within how many days?
30 days
How long before adjudication of the child is in detention?
72 hours
Unless already under court supervision when this age is reached in matters of delinquency and unruliness, a person is a child until the age of _____.
17
Where should a 17 year old charged with the offense of criminal trespassing be taken if custody is required?
Adult jail
A teenager assumes the legal criminal age of liability at age _____.
17
School employees, peace officers, and doctors are:
Mandated Reporters
What does SANE in SANE Report stand for?
Sexual Assault Nurse Examination
What is required for the charge of armed robbery?
The use of an offensive weapon
What does NICB stand for?
National Insurance Crime Bureau
What type of robber uses tools and has a plan of action to commit said robbery?
Professional Robber
A suspect can be charged with child molestation if the victim is what age?
Under the age of 16
A child without care or under control for physical, mental, education or care.
Dependent Child
What is used to collect and preserve evidence of a rape?
Investigative Rape Kit
Loco Parentis is latin for?
Legal Custodian
Chapter 6 of Title 16 of the OCGA provides what?
The elements & proscribed punishments for sex crimes
True/False
The term sex crime encompasses a broad list of specific acts.
True
True/False
Sex crimes can be committed by and against men, women, and children.
True
True/False
Officers should allow the age and gender of the victim and suspect influence the investigation as required by law.
False
True/False
Sex crime victims may be traumatized both by the humilitation of the violation against them and the fear of being severely injured or killed by the perpetrator.
True
True/False
Rape is generally defined as forcible carnal knowledge of a person without that person’s consent.
True
What are the three types of rapists according to the FBI?
1) The aggressive criminal rapist
2) The sadistic rapist
3) The true sex offender
True/False
The general definition of child molestation is doing any immoral or indecent act to or in the presence of a child with the intent to arouse or satisfy sexual desires.
True
True/False
Child molesters study children and will use things of interest to children to lure victims.
True
Who may be contacted to assist with the interview of child victims?
The Department of Family and Children Services
True/False
Officers should instruct victims not to wash, clean up, or change clothes until after a medical exam has been completed so that evidence can be preserved and collected.
True
True/False
A medical examination of a sexual assault victim may only be conducted by a physician.
False
- A Sexual Assault Nurse Examiner (SANE) may conduct the exam as well.
True/False
The Sexual Assault Examination Kit is not considered evidence and a chain of custody is not necessary.
False
- This kit is evidence and the chain of custody must be carefully maintained.
True/False
Officers should never leave a rape victim alone, and should ensure that a family member or friend stays with them at all times.
True
True/ False
Officers should interview the victim, any witnesses, and the suspect to collect information to further the investigation.
True
True/False
The amount of time a victim resists the attacker, and the level of resistance all plays a part in determining the veracity of an allegation.
False
- These things are NOT indicative of the veracity of an allegation.
True/False
Photographs of the victim, suspect, and crime scene are one type of tangible evidence collection and evaluation.
True
True/False
DNA samples, fingernail scrapings, and various hair combings from the victim and suspect may be helpful evidence.
True
Name some resources that can be used to obtain assistance when investigating sex crimes.
GBI
DFACS
Hospitals
Other agencies
A person commits this offense when, without authority and with intent to commit a felony or theft therein, he/she enters or remains within an unoccupied, or vacant dwelling house of another or any building, vehicle, railroad car, watercraft, aircraft, or other such structure designed for use as the dwelling of another.
16-7-1: Burglary 1st Degree
A person commits this offense when, without authority and with intent to commit a felony or theft therein, he/she enters or remains within an occupied, unoccupied, or vacant building, structure, railroad car, watercraft, or aircraft.
16-7-1(c): Burglary 2nd Degree
Anyone convicted of burglary shall be guilty of a _____ and will be punished by a term of not less than _____ year in prison.
felony
1 year
A burglar type who looks to take advantage of unsecured property.
Opportunists
A burglar type who will use force to break in to a structure to steal something they want.
Destroyer
A burglar type who plans out their activities, stake out their targets, and takes their time looking for the most valuable property to steal.
Prowler
A burglar type who takes considerable time planning the commission of his/her act and uses tools to ensure success.
Professional
Burglaries are classified as either _____ or _____.
Residential or commercial
When responding to a burglary in progress, how might you approach the scene if the structure is occupied by the family or customers inside?
The use of lights and sirens may help scare the perpetrator away, reducing the possibility that an occupant might be injured or taken hostage.
When responding to a burglary in progress, how might you approach the scene if the structure is unoccupied?
A silent approach may be appropriate at an unoccupied structure, to prevent alerting the perp of the officer’s approach.
Once on the scene of a burglary, the first responding officer must do what?
Secure the scene and make sure nobody touches anything.
Once the scene of a burglary has been secured, what needs to be obtained by any victims or witnesses?
Statements
What things should the officer note in his report about the scene of a burglary?
1) All physical evidence found at the scene
2) Method and point of entry and exit
3) Any conditions that may be related to the modus operandi
True/False
When processing the scene of a burglary, fingerprints, footprints, tool marks and other evidence found at the scene should be photographed and collected or preserved for further processing.
True
Where should officers look for evidence at the scene of a burglary?
1) At point of entry and exit
2) Inside the residence
3) In the neighborhood and surrounding area
Professional burglars always have an eye out for _____ that are not permanently fixed to the structure.
Safes
True/False
The fire resistant safe is less secure than the burglar resistant safe.
True
A person commits this offense when he/she intentionally and without authority enters a retail establishment with the intent to commit a theft and causes damage in excess of $500 to such establishment without the owner’s consent.
16-7-2: Smash & Grab Burglary
What type of rapist starts out committing another crime when the opportunity to rape presents itself? The offender steals sex as part of the plunder.
The aggressive criminal rapist
What type of rapist finds satisfaction in aggressive cruelty and rape?
The sadistic rapist
What type of rapist commits rape because of an explosion of pent-up, uncontrollable sexual impulses that overcome him/her at a particular time.
The true sex offender
A person commits this offense when, with intent to commit theft, he takes property of another from the person or the immediate presence of another:
1) By use of force;
2) By intimidation, by the use of threat or coercion, or by placing such person in fear of immediate serious bodily injury to himself or to another; or
3) By sudden snatching
16-8-40: Robbery
A person commits this offense when, with intent to commit theft, he or she takes property of another from the person or the immediate presence of another by use of an offensive weapon, or any replica, article, or device having the appearance of such weapon
16-8-41: Armed Robbery
A person commits this offense when he unlawfully takes or, being in lawful possession thereof, unlawfully appropriates any property of another with the intention of depriving him of the property, regardless of the manner in which the property is taken or appropriated.
16-8-2: Theft by Taking
What are 3 classifications of Auto theft?
1) Temporary theft
2) Transportation / Opportunist
3) Professional
A Vehicle Identification Number (VIN) has how many numbers and never uses what letters?
17
I, O, Q
True/False
Only guns and knives can be used as offensive weapons when used in an aggressive and attacking manner.
False
- Any item can be considered an offensive weapon.
What are the 4 primary types of robberies?
1) Commercial
2) Banks
3) Pedestrian
4) Residential
Bank robberies are a _____ crime, and fall under the jurisdiction of _____, _____, and _____ law enforcement agencies.
federal
local
state
federal
Amateur robbers are often motivated by the need to feed a _____ or _____ addiction.
drug
alcohol
Professional robbers take the time to _____ their crimes in advance, making _____ for a variety of scenarios.
plan
contingencies
The first officer to arrive at the scene of a robbery should _____ attempt to enter the location alone, but should seek _____ and/or _____. NEVER approach a robbery suspect without _____.
never
cover
concealment
backup
When processing the scene of a robbery, what type of evidence should we be looking for?
Any physical evidence like: surveillance footage, fingerprints, and items left behind.
When should witness statements be collected after a robbery has occured?
ASAP
The incident report should include details on the _____ _____ used in the robbery so that investigators may be able to link it to similar crimes by the same perp.
modus operandi
For the crime of Robbery to have occurred, the property must be under the actual _____ _____ of the victim and must be taken from that control.
physical control
True/False
A till tap (the snatching of money from a cash register) is a robbery.
False
*It is not a robbery because the victim may not be present during the crime.
OCGA Title 15, Chapter 11 covers what?
Juvenile Proceedings
A child who: A) has been abused or neglected and is in the need of the protection of the court; B) has been placed for care or adoption in violation of law; or C) is without his or her parent, guardian, or legal custodian.
Dependent Child
A person commits this offense by receiving stolen property when he receives, disposes of, or retains stolen property which he knows or should know was stolen unless the property is received, disposed of, or retained with intent to restore it to the owner.
Theft by receiving stolen property
A person commits this offense when he/she enters any automobile or other motor vehicle with the intent to commit a theft or felony.
16-8-18: Entering auto
Any person who knowingly and with intent:
1) Owns, operates, or conducts a chop shop;
2) Transports any motor vehicle or motor vehicle part to or from a location knowing it to be a chop shop; or
3) Sells, transfers, purchases, or receives any motor vehicle or motor vehicle part either to or from a location knowing it to be a chop shop.
16-8-83: Owning, operating, or conducting a chop shop
What type of motor vehicle theft is committed to obtain transportation from one place to another, especially in the commission of another crime.
Temporary Theft
What type of motor vehicle theft is for the purpose of joyriding and typically committed by juveniles between the ages of 15-19.
Transportation / Opportunist
What type of motor vehicle theft is always for monetary gain and account for the largest dollar loss for the victim and insurance companies.
Professional Thefts
What three things should officers do when responding to reports of a stolen vehicle?
1) obtain all info necessary to complete an incident report, including full description of the vehicle.
2) Check to make sure the vehicle was not repossessed by the finance company.
3) Alert surrounding agencies through a BOLO.
When preparing the incident report regarding a stolen vehicle, the officer should include:
1) name & address of last person to have legal possession
2) Insurance company name
3) Date, Time, & exact location of theft
4) Odometer reading (or a close estimate)
A Vehicle Identification Number (VIN) is a unique set of 17 alphanumerical characters assigned to each vehicle, which indicates what data?
1) Country of origin
2) Manufacturer
3) Body style
4) Other Info specific to each vehicle
VIN plates are located where?
Left side of the dash or instrument panel and should be visible through the windshield of domestic vehicles.
*pre-1984 models of the Corvette are different
VIN plates can be altered by thief’s. If an officer should suspect a VIN plate has been altered, they should consult the ____ ____ ____ ____ manual for assistance in interpreting the VIN.
National Insurance Crime Bureau (NICB)
Other than the dash and instrument panel, the VIN may also be found on ____ ____ on the vehicle door (usually the driver’s door).
safety sticker
The last 8 characters of the VIN are known as?
VIN derivative
What conditions of the vehicle may help officers recognize that the vehicle may be stolen?
1) Any evidence that appears as the vehicle was broken into
2) License plates have been damaged, obliterated, or changed
3) Actions of the vehicle occupants
4) Driver wearing gloves when the weather is warm
5) Driver is unfamiliar with the vehicle, or driving funny ( jerky starts, grinds gears, wipers when its not raining).
An illegal scheme in which people draw car shoppers to places such as the side of the road (curbside) or a vacant lot and sell them unfit used cars.
Curb stoning
Without legal right or privilege or without permission of a person legally entitled to withhold the right, defines what?
Definition: Without Authority
True/False
Evidence of a forced entry is required to establish the element of unauthorized entry.
False
- Forced entry in NOT required
True/False
It is necessary that a theft or felony actually occur for a burglary to exist.
False
- It is NOT necessary to show intent
How is Burglary 1st and 2nd degree different from Smash & Grab burglary?
The intent is to commit a theft, there has to be damage to property (retail establishment), and the damages have to exceed $500.00. There has to be evidence to show the damage.
A person commits this offense when he/she has in their possession any tool, explosive, or other devise commonly used in the commission of burglary, theft, or other crime with the intent to make use thereof in the commission of a crime.
16-7-20: Possession of tools for the commission of crime
A person commits this offense when he/she intentionally damages any property of another without the consent of that other person and the damage thereto is $500 or less or knowingly and maliciously interferes with the possession or use of the property of another person without consent of that person.
16-7-21: Criminal Trespass
A person commits this offense when he/she:
1) Knowingly and without authority interferes with any property in a manner so as to endanger human life; or
2) Knowingly and without authority and by force or violence interferes with the operation of any system of public communication, public transportation, sewerage, drainage, water supply, gas, power, or other public utility service or with any constituent property thereof.
16-7-22: Criminal Damage to Property 1st Degree
A person commits this offense when he/she:
1) Intentionally damages any property of another person without his consent and the damage thereto exceeds $500; or
2) Recklessly or intentionally, by means of fire or explosive, damages property of another person.
16-7-23: Criminal Damage to Property 2nd Degree
A person commits this offense when he/she maliciously defaces or desecrates a church, synagogue, or other place of public of public religious worship.
16-7-26: Vandalism to a place of worship
A more dangerous form of residential burglar is the type who finds pleasure and excitement in entering a dwelling while it is occupied.
The “Cat Burglar”
_____ _____ are a hybrid of burglary and a robbery and perps are typically charged under both statutes.
Home Invasions
The method used to gain entry into a structure depends on two factors: _____, and _____.
preference
opportunity
____ and ____ are the most common point of entry for burglars.
Windows
Doors
This crime occurs when a person, being married and knowing that his/her lawful spouse is living, marries another person or carries on a bigamous cohabitation with another person.
16-6-20: Bigamy
Sensual gratification; characteristic of, but not limited to, an early stage of emotional development. Includes satisfaction derived from genital play, masturbation, fantasy, and from oral, anal, and visual sources.
Autoeroticism
Death related to self-gratification technique that resulted in accidental death. Usually through failure of a device used by the subject. Most frequent cause of death is accidental hanging.
Autoerotic Death
A condition usually found in Masochism, wherein the subject is sexually excited through the senses of taste and smell by articles of filth, such as excrement.
Coprolagnia
Pleasure derived from physical or psychological pain inflicted on oneself, or by others.
Masochism
Deriving pleasure from inflicting physical or psychological pain or abuse on others.
Sadism
A condition in which persistent and repetitive sexually arousing fantasies of an unusual nature are associated with either preference for or use of a nonhuman object for sexual arousal; repetitive sexual activity with humans involving real or simulated suffering or humiliation, or repetitive sexual activity with non-consenting partners.
Paraphilia
A paraphilia involving sexual activity of adults with children as objects. It involves any form of heterosexual or homosexual intercourse with a child.
Pedophilia
An individual who is psychosexually stimulated by the insertion of a sharp or pointed object into the body of another.
Picquer
The act of receiving sexual gratification from the sight of urine or a person urinating. Also may include the drinking of the urine of the sexual partner.
Urolagnia
The act of being sexually motivated and often compulsively interested in watching or looking at others, particularly at genitals.
Voyeurism
