Chapter 29 Receiving Stolen Property / Chapter 31 Burglary

Question 1

Receiving stolen property

Answer 1

Stolen or fraudulently obtained

Knowledge of that

Possession – bought received or aided in concealment

If over $250 or second offense arrest on PC

If 250 or less complaint and confiscate property

Question 2

Is inserting a key into a lock a break?

Answer 2

Yes

Question 3

Is it a break if he convinces an innocent person by trick or threat to allow him to enter?

Answer 3

Yes

Question 4

Is an unoccupied apartment a dwelling if no one lives there?

Answer 4

Yes, when tenants have the right to move in even if they have not done so

Question 5

Is a secured common hallway, part of a dwelling for BNE?

Answer 5

Yes

Question 6

To our houses or barns parts of dwellings for BE ?

Answer 6

Yes

Question 7

Is an occupied hotel room a dwelling for a BE?

Answer 7

Yes

Question 8

Aggravated burglary

Answer 8

Felony

BE

Dwelling

In the nighttime

While someone is inside

And he suspect armed him himself with a dangerous weapon before before going into or while inside the dwelling OR

Assaults a lawful Occupant inside

Question 9

Burglary

Answer 9

Felony

BE

Dwelling

In the nighttime

No weapon or assault

Question 10

How many convictions can you have if there are multiple occupants inside of home that are assaulted for an aggravated burglary?

Answer 10

Only one - is based upon the burglary, not the people

Question 11

Home invasion

Answer 11

Knowingly entered the dwelling place of another

Aware of occupants
Knowing or having reason to know that one or more persons are inside or entering without that knowledge, but then remaining inside after learning or having reason to know one or more persons are present

While armed with a dangerous weapon

Threatened occupants
Used to force or threat of force on any person, regardless of whether their injury occurred OR intentionally caused any injury to any person in the dwelling

Question 12

For home invasion is the number of charges based upon the number of occupants assaulted or the home invasion act itself?

Answer 12

Number of occupants assaulted

Question 13

Armed assault in a dwelling

Answer 13

Entered the dwelling

While armed

Committed assault on someone in the dwelling

Intended felony, specific intent, accompanying assault to commit a separate felony

Question 14

BE with intent To commit felony

Answer 14

Type 1
BE Night time: breaks / enters a building ship ,vessel or vehicle in the nighttime with the intent to commit a felony

Type 2
Breaking depository – attempts or succeeds in breaking burning, blowing up or otherwise injuring a depository of money or valuables with the intent to commit a larceny or felony

Question 15

For the purposes of an BE with intent to commit felony can a vehicle be considered a depository?

Answer 15

Yes

Question 16

BE with intent to commit misdemeanor

Answer 16

BE
Day or night
Building vessel vehicle
Intent to commit a misdemeanor

Breach of peace in presence otherwise complaint

Question 17

Enter building / mv without break at night
Aggravated b/e daytime

Answer 17

Enters w/o break in night or
BE daytime

Building, vessel, vehicle

W/ intent to commit felony

Any person put in fear

Question 18

Enter dwelling w/o break at night
BE daytime

Answer 18

Enters w/o break in night or
BE daytime

Building, vessel, vehicle

W/ intent to commit felony

No person put in fear

Question 19

Possession of burglarious tool

Answer 19

Knowingly possesses
Tool (tool machine , mv master key)
Designed to break
Intent to break or commit crime

Felony

Question 20

Are gloves burglarious instruments ?

Answer 20

No

Question 21

Can a big rock or brick be a burglarious tool?

Answer 21

No