Chapter 35: Burglary and Other Criminal Tresspass

Question 1

• enters a building or occupied structure, or separately secured or occupied portion thereof
• w/ intent to commit a crime therein
• unless the premises are open to the public or the actor is privileged to enter

Answer 1

3502: Burglary

F.1

F.2= if can be established that the structure entered is NOT adapted for overnight accommodation AND no individual is present at the time

Defenses:

1. The building/structure was abonded
2. Premises are open to the public
3. Actor is priviledged to enter

**multiple convictions barred unless the second offense is an F.1 or F.2

Question 15

• knowing that he is not licensed/priviledged
• breaks into: any building, occupied structure, or seperately secured portion thereof

“Breaks into”= gain entry by: force, breaking, intimidation, unauthorized opening of locks, or through an opening not designed for human access

Answer 15

3503(a)(1)(ii): Criminal Trespass (Buidlings and Occupied Structures)

F.2

Question 16

-knowing that he is not priveleged to do so, eneters or remains in any place to which notice against tresspass is given by:

• actual communication to the actor
• posting in a manner reasonably likely to come to the attention of intruders
• fencing or other enclosure designed to exclude intruders
• schools: visitors are prohibited w/o auth from school officials

Answer 16

3503(b)(1)(i)(ii)(iii)(iv): Criminal Tresspass

S

M.3= if offender defy’s an order to leave that is personally communicated to him by owner/authorized person

Question 19

• knowing that he/she is not privileged, enters or remains in any place where notice against tresspass is given by:
• actual communication to actor for him to leave school grounds as communicated by school official, or agent of law enforcement

Answer 19

3503(b)(1)(v): Criminal Tresspass (Defiant Tresspass- School)

M.1

Question 20

-knowing that he/she is unpriviledged, enters or remains in any place for the purpose of:

• threatening or terrorizing the owner of occupants of the premises
• starting or causing to be started any fire upon the premises
• defacing or damaging the premises

Answer 20

3503(b.1): Criminal Tresspass (Simple Tresspass)

S

Question 73

• knowing that he/she is not licensed/privileged to do so:
• enters, gains entry by subterfuge, or surreptitiously remians in any building/occupied structure, or seperately secured portion thereof

Answer 73

3503(a)(1)(i): Criminal Tresspass (Buildings and Occupied Structures)

F.3

Question 74

• without lawful authority or the railroad carrier’s consent:
• causes damage to property that he knows or reasonably should have known to be railroad property, including the railroad rightof-way or yard; OR
• causes a delay in railroad operations by an act including, but not limited to:
  
  • (i) Knowingly, purrposefully or recklessly disrupting, delaying or preventing the operation of any train, jitney, trolley or any other facility of transportation
  • (ii) Driving or operating a recreational vehicle or nonrecreational vehicle, including, but not limited to, a bicycle, motorcycle, snowmobile, allterrain vehicle, car or truck
  • (iii) Knowingly, purposefully or recklessly damaging railroad property, railroad infrastructure or railroad equipment or using railroad property to access adjoining property to commit acts of vandalism, theft or other criminal acts

Answer 74

3504(a): Railroad protection, railroad vandalism and interference with transportation facilities (damage to railroad or delay of railroad operations)

M.3

Question 75

• without lawful authority or the railroad carrier’s consent:
• he rides on the outside of a train or inside a passenger car, locomotive or freight car, including a box car, flatbed or container

Answer 75

3504(b) Railroad protection, railroad vandalism and interference with transportation facilites (stoaways prohibited)

M.3