Chapter 12 Powerpoint pt. 2 Flashcards

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1
Q

Burglary= _______ and _______ or unlawful entry + specific intent to commit a felony or crime + inside a dwelling or other structure at night and other aggravating factors

A

breaking

entering

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2
Q

Burglary= breaking and entering or unlawful entry + specific intent to commit a ______ or _____ + inside a dwelling or other structure at night and other aggravating factors

A

felony

crime

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3
Q

Burglary= breaking and entering or unlawful entry + specific intent to commit a felony or crime + inside a _______ or ______ ________ at night and other aggravating factors

A

dwelling

other structure

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4
Q

_______ ________ is the unauthorized entry or remaining on the land or premises of another.

A

Criminal trespass

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5
Q

A ______ _______ occurs when an individual knowingly enters or remains on a premises after receiving a clear notice that he or she is trespassing.

A

defiant trespass

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6
Q

Criminal trespass entails an __________ _____, and unlike burglary, there is no requirement that the intruder intend to commit a felony.

A

unauthorized entry

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7
Q

_______ _______ entails an unauthorized entry, and unlike _______, there is no requirement that the intruder intend to commit a felony.

A

Criminal trespass

burglary

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8
Q

Criminal trespass= _____ or ________ on the property of another without __________ + purposely, knowingly, strict liability

A

entry
remaining
authorization

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9
Q

Criminal trespass= entry or remaining on the property of another without authorization + purposely, knowingly, _____ ______

A

strict liability

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10
Q

What are the three degrees of criminal trespass?

A

(1) First degree criminal trespass
(2) Second degree criminal trespass
(3) Third degree criminal trespass

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11
Q

Which degree of criminal trespass is this: entering or remaining on the dwelling of another?

A

First degree criminal trespass

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12
Q

Which degree of criminal trespass is this: entering or remaining in enclosed buildings or fenced-in property?

A

Second degree criminal trespass

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13
Q

Which degree of criminal trespass is this: petty misdemeanor entering or remaining on unenclosed land?

A

Third degree criminal trespass

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14
Q

New York: intentionally and without authorization, accesses a computer system or computer

A

Computer trespassing

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15
Q

Common law ______ is defined as the willful and malicious burning of the dwelling house of another. The purpose is to protect the home along with the occupants and their possessions.

A

arson

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16
Q

The mens rea of common law arson is ______.

A

malice

17
Q

The ____ ___ of common law arson is malice.

A

mens rea

18
Q

The mens rea of _______ ____ arson is malice.

A

common law

19
Q

True or False: In order to prove arson the fire must destroy or seriously damage the structure

A

False; Fire must not necessarily destroy or seriously damage the structure

20
Q

States no longer limit ______ to dwelling places or to property of another.

A

arson

21
Q

States no longer limit arson to _______ ______ or to ________ of ______.

A

dwelling places
property
another

22
Q

True or False: Arson extends to curtilage, area immediately surrounding the home

A

True

23
Q

An ________ is not included as arson in common law unless it results in a fire.

A

explosion

24
Q

An explosion is not included as arson in _______ ____ unless it results in a ____.

A

common law

fire

25
Q

True or False: Today’s statutes provide that even smoke damage and soot are sufficient

A

True

26
Q

States typically divide arson into ______ and _________ _____ while other states provide additional categories.

A

arson

aggravated arson

27
Q

The ______ ____ misdemeanor of malicious mischief is defined as the destruction of, or damage to, the personal property (physical belongings) of another.

A

common law

28
Q

The common law __________ of _______ _______ is defined as the destruction of, or damage to, the personal property (physical belongings) of another.

A

misdemeanor

malicious mischief

29
Q

Criminal mischief includes damage to both personal and real (land and structures) ________ ________.

A

tangible property

30
Q

________ ________- physical property as opposed to ownership of intangible property, such as ownership of a song or the movie rights to a book.

A

Tangible property

31
Q

What are the three types of acts of criminal mischief?

A

(1) destruction or damage to tangible property
(2) tampering with tangible property
(3) to endanger a person or property

32
Q

The mens rea of criminal mischief can be _________ or _______.

A

purposeful

reckless

33
Q

The mens rea of _______ _______ can be purposeful or reckless.

A

criminal mischief

34
Q

The _____ ____ of criminal mischief can be purposeful or reckless.

A

mens rea

35
Q

Criminal mischief punishes the _______, _________, or ________ or may involve a deception causing financial loss.

A

damage
destruction
tampering

36
Q

Criminal mischief punishes the damage, destruction, or tampering or may involve a deception causing ________ ____.

A

financial loss