Chapter 12 Powerpoint pt. 2 Flashcards
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
breaking
entering
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
felony
crime
Burglary= breaking and entering or unlawful entry + specific intent to commit a felony or crime + inside a _______ or ______ ________ at night and other aggravating factors
dwelling
other structure
_______ ________ is the unauthorized entry or remaining on the land or premises of another.
Criminal trespass
A ______ _______ occurs when an individual knowingly enters or remains on a premises after receiving a clear notice that he or she is trespassing.
defiant trespass
Criminal trespass entails an __________ _____, and unlike burglary, there is no requirement that the intruder intend to commit a felony.
unauthorized entry
_______ _______ entails an unauthorized entry, and unlike _______, there is no requirement that the intruder intend to commit a felony.
Criminal trespass
burglary
Criminal trespass= _____ or ________ on the property of another without __________ + purposely, knowingly, strict liability
entry
remaining
authorization
Criminal trespass= entry or remaining on the property of another without authorization + purposely, knowingly, _____ ______
strict liability
What are the three degrees of criminal trespass?
(1) First degree criminal trespass
(2) Second degree criminal trespass
(3) Third degree criminal trespass
Which degree of criminal trespass is this: entering or remaining on the dwelling of another?
First degree criminal trespass
Which degree of criminal trespass is this: entering or remaining in enclosed buildings or fenced-in property?
Second degree criminal trespass
Which degree of criminal trespass is this: petty misdemeanor entering or remaining on unenclosed land?
Third degree criminal trespass
New York: intentionally and without authorization, accesses a computer system or computer
Computer trespassing
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.
arson
The mens rea of common law arson is ______.
malice
The ____ ___ of common law arson is malice.
mens rea
The mens rea of _______ ____ arson is malice.
common law
True or False: In order to prove arson the fire must destroy or seriously damage the structure
False; Fire must not necessarily destroy or seriously damage the structure
States no longer limit ______ to dwelling places or to property of another.
arson
States no longer limit arson to _______ ______ or to ________ of ______.
dwelling places
property
another
True or False: Arson extends to curtilage, area immediately surrounding the home
True
An ________ is not included as arson in common law unless it results in a fire.
explosion
An explosion is not included as arson in _______ ____ unless it results in a ____.
common law
fire
True or False: Today’s statutes provide that even smoke damage and soot are sufficient
True
States typically divide arson into ______ and _________ _____ while other states provide additional categories.
arson
aggravated arson
The ______ ____ misdemeanor of malicious mischief is defined as the destruction of, or damage to, the personal property (physical belongings) of another.
common law
The common law __________ of _______ _______ is defined as the destruction of, or damage to, the personal property (physical belongings) of another.
misdemeanor
malicious mischief
Criminal mischief includes damage to both personal and real (land and structures) ________ ________.
tangible property
________ ________- physical property as opposed to ownership of intangible property, such as ownership of a song or the movie rights to a book.
Tangible property
What are the three types of acts of criminal mischief?
(1) destruction or damage to tangible property
(2) tampering with tangible property
(3) to endanger a person or property
The mens rea of criminal mischief can be _________ or _______.
purposeful
reckless
The mens rea of _______ _______ can be purposeful or reckless.
criminal mischief
The _____ ____ of criminal mischief can be purposeful or reckless.
mens rea
Criminal mischief punishes the _______, _________, or ________ or may involve a deception causing financial loss.
damage
destruction
tampering
Criminal mischief punishes the damage, destruction, or tampering or may involve a deception causing ________ ____.
financial loss
