Chap 708 Part II Burglary & Other Offenses of Intrusion

Question 1

708-810

Burglary 1st

Answer 1

I

• enters or remains unlawfully in a building, with intent to commit a crime, and:

 (a) armed w/ a dangerous instrument; or
 (b) I, K, or R inflicts BI; or
 (c) dwelling of another

B felony

Question 2

708-811

Burglary 2nd

Answer 2

I

• enters or remains unlawfully w/intent to commit a crime

C felony

Question 3

708-812

Possession of Burglar’s Tools

Answer 3

K

• possesses any explosive, tool, instrument…intends to use
• possesses any master key, intends to use

misdemeanor

Question 4

708-812.6

Unauthorized Entry in a Dwelling in the 2nd degree

Answer 4

I, K

• enters unlawfully and another person was lawfully present:

C felony

Question 5

708-812.55

Unauthorized Entry in a Dwelling in the 1st degree

Answer 5

I, K

• enters unlawfully and another person was lawfully present in the dwelling who:

 (a) 62 years or older;
 (b) incapacitated; or
 (c) had a developmental disability

B felony

Question 6

708-813

Criminal Trespass 1st

Answer 6

K

• enters or remains unlawfully:
(i) in a dwelling; or in or upon the premises of a hotel or apartment
(ii) premises fenced or enclosed and is in possession of a firearm
(iii) enters or remains unlawfully in a public/private school
- after reasonable warning to leave
- 2200-0500 hours
(***exempt: process servers)

misdemeanor

Question 7

708-814

Criminal Trespass 2nd

Answer 7

K

• enters and remains unlawfully:
(I) premises enclosed or fenced
(ii) commercial premises after reasonable warning given (***written)
(iii) agricultural or unimproved lands, fenced or w/signs
(iv) public housing/state low-income housing project
- after reasonable warning to leave
- 2200-0500 hours

petty misdemeanor

Question 8

708-815

Simple Trespass

Answer 8

K

• enters or remains unlawfully in or upon premises

violation

Question 9

708-814.5

Criminal Trespass onto Public Parks and Recreational Grounds

Answer 9

• remains unlawfully
• after a request to leave is made by PO, based on violation of any term specified on signs posted

petty misdemeanor

Question 10

708-816.5

Entry Upon the Premises of a Facility Utilized as a Sex, Child, or Spouse Abuse Shelter

Answer 10

K

• enters or remains unlawfully upon premises of a facility utilized as a sex abuse, child abuse, or spouse abuse shelter
-after reasonable warning/request of a facility member

misdemeanor

Question 11

708-817

Burglary of a Dwelling During an Emergency Period

Answer 11

I

• enters or remains unlawfully, with intent to commit a crime, and
• R, disregards a risk that the building is the dwelling of another

A felony

Question 12

708-818

Burglary of a Building During an Emergency Period

Answer 12

I

• enters or remains unlawfully in a building other than a dwelling

B felony