Ch. 4 Crimes Against Habitation, Robbery, and Assault (E2) Flashcards
This is the crime of burning, via fire, and causing structural degradation with malicious intent of the dwelling of another.
What is arson?
The permanent change (degrading) of a structure’s material composition.
What is structural degradation?
The place you regularly eat and sleep.
What is a dwelling?
In arson, the attending circumstance “of another” refers to…
Possession
{ } and { } interests are 2 types of ownership.
1) Pecuniary (financial)
2) Proprietary
This is the crime of breaking and entering, with the intent to commit a felony therein, of the dwelling of another at night.
What is burglary?
What are the 2 types of “breaking” in burglary?
1) Actual
2) Constructive
This form of breaking occurs when physical force is used to effect entry.
What is actual breaking?
This form of breaking occurs when one (an offender) causes an unsuspecting party to create an opening for the purpose of allowing the offender to enter unlawfully.
What is constructive breaking?
The second component of the actus reus for burglary, referring to criminal trespass.
What is entering?
Just as there is active and constructive breaking, there is also active and constructive…
Entering
This form of entering refers to the physical insertion of a body part into a prohibited structure.
What is actual entering?
This form of entering refers to entry without physical insertion of a body part but with the aid of some mechanical instrument or tool, such as a key.
What is constructive entering?
In common law, what is the range of time for a crime being “at night?”
From dusk, ‘til dawn
List the 4 components of burglary that were required in common law but are no longer required in modern law.
NOTE: They do enhance the severity of the charge.
1) Breaking
2) Dwelling
3) Nighttime
4) Felony
Is “possession of burglary tools” true or strict liability crime?
Strict liability
Why is “possession of burglary tools” a strict liability crime?
The intent to commit burglary can be inferred from the mere possession of such instruments, that no ordinary person usually have on hand, without some legitimate explanation
Is specific or general deterrence used to deter “possession of burglary tools?”
Specific
For the possession of burglary tools, what 2 factors build constructive intent?
1) # of items
2) Rarity
The use of threat or force (with general/felonious intent) to take away possession of money or personal property of another from a person’s body or in the person’s immediate presence.
What is robbery?
What is meant by robbery’s attending circumstance of “immediate presence?”
A person is within the vicinity of the robbery/taking
The act of depriving someone’s (hence, of another) “right of locomotion” with general intent.
What is false imprisonment?
False Imprisonment + Substantial Movement =
Kidnapping
The “substantial movement” aspect of kidnapping is at times followed up with the intent to…
Commit a subsequent crime
This piece of anti-kidnapping (child custody) legislation states that jurisdiction will ALWAYS remain with the home state, meaning that moving a child to another state in hopes of finding a court for a more favorable custody arrangement is pointless.
What is the Uniform Child Custody Jurisdiction Act (1968)?
This piece of anti-kidnapping (child custody) legislation eliminates jurisdictional disputes in child custody by allowing the feds to issue and execute warrants for parents fleeing the state to avoid kidnapping charges.
What is the Parental Kidnapping Prevention Act (1980)?
The threat to harm, with the intent to instill fear, of a person, or property, in the future to gain compliance.
What is extortion?
Is assault a true or strict liability crime?
True crime
What are the 2 forms of assault?
Attempted & threatened battery
What are the 4 components (attending circumstances) of threatened battery?
1) Against a person
2) Threat is imminent
3) Threat is credible
4) Victim in fear of harm
The nonlethal culmination of an assault.
What is battery?
What is the actus reus of battery?
Bodily contact
What is the mens rea of battery?
General intent
What are the 2 attending circumstances behind battery?
1) Of another
2) Injury or substantial pain
Unwelcomed pushing, shoving, or advances.
What is harassment?
What is the key difference between harassment and mutual affray?
Mutual affray is welcomed
Serious bodily injury (SBI) is characterized by a high probability…
Of death
Crime possessing most elements of a more serious crime but missing some key component.
What is a lesser-included offense?
What are the 2 components that differentiate aggravated assault from simple assault?
1) Serious bodily injury
2) Mayhem
What are the 2 components of mayhem?
1) Disablement
2) Dismemberment
For what reason have most states done away with battery (not including sexual battery)?
Model Penal Code
