Chapters 36-39

Question 1

(a) A person commits theft of property if he or she ___:
(1) Takes or exercises unauthorized control over or makes an unauthorized transfer of an interest in the property of another person with the purpose of depriving the owner of the property; or
(2) Obtains the property of another person by deception or by threat with the purpose of depriving the owner of the property.

Answer 1

knowingly

Question 2

Theft of Property Classification: (A) The value of the property is twenty-five thousand dollars ($25,000) or more;
(B) The property is obtained by the threat of serious physical injury to any person or destruction of the occupiable structure of another person;
(C) The property is obtained by threat and the actor stands in a confidential or fiduciary relationship to the person threatened;
(D) The property is:
(i) Anhydrous ammonia in any form; or
(ii) A product containing any percentage of anhydrous ammonia in any form; or
(E)
(i) The property is utility property and the value of the property is five hundred dollars ($500) or more.
(ii) As used in subdivision (b)(1)(E)(i) of this section:
(a) “Utility” means any person or entity providing to the public gas, electricity, water, sewer, telephone, telegraph, radio, radio common carrier, railway, railroad, cable and broadcast television, video, or Internet services; and
(b) “Utility property” means any component that is reasonably necessary to provide utility services, including without limitation any wire, pole, facility, machinery, tool, equipment, cable, insulator, switch, signal, duct, fiber optic cable, conduit, plant, work, system, substation, transmission or distribution structure, line, street lighting fixture, generating plant, equipment, pipe, main, transformer, underground line, gas compressor, meter, or any other building or structure or part of a building or structure that a utility uses in the production or use of its services

Answer 2

B felony

Question 3

Theft of Property Classification: (A) The value of the property is less than twenty-five thousand dollars ($25,000) but more than five thousand dollars ($5,000);
(B) The property is obtained by threat;
(C) The property is a firearm valued at two thousand five hundred dollars ($2,500) or more;
(D)
(i) The property is building material obtained from a permitted construction site and the value of the building material is five hundred dollars ($500) or more.
(ii) As used in subdivision (b)(2)(D)(i) of this section:
(a) “Building material” means lumber, a construction tool, a window, a door, copper tubing or wire, or any other material or good used in the construction or rebuilding of a building or a structure; and
(b) “Permitted construction site” means the site of construction, alteration, painting, or repair of a building or a structure for which a building permit has been issued by a city of the first class, a city of the second class, an incorporated town, or a county; or
(E) The value of the property is five hundred dollars ($500) or more and the theft occurred in an area declared to be under a state of emergency pursuant to proclamation by the President of the United States, the Governor, or the executive officer of a city or county

Answer 3

C felony

Question 4

Theft of Property Classification: (A) The value of the property is five thousand dollars ($5,000) or less but more than one thousand dollars ($1,000);
(B) The property is a firearm valued at less than two thousand five hundred dollars ($2,500);
(C) The property is a:
(i) Credit card or credit card account number; or
(ii) Debit card or debit card account number;
(D) The value of the property is at least one hundred dollars ($100) or more but less than five hundred dollars ($500) and the theft occurred in an area declared to be under a state of emergency pursuant to proclamation by the President of the United States, the Governor, or the executive officer of a city or county;
(E) The property is livestock and the value of the livestock is in excess of two hundred dollars ($200); or
(F) The property is an electric power line, gas line, water line, wire or fiber insulator, electric motor, or other similar apparatus connected to a farm shop, on-farm grain drying and storage complex, heating and cooling system, environmental control system, animal production facility, irrigation system, or dwelling

Answer 4

D felony

Question 5

Theft of Property Classification: (A) The value of the property is one thousand dollars ($1,000) or less; or
(B) The property has inherent, subjective, or idiosyncratic value to its owner or possessor even if the property has no market value or replacement cost.

Answer 5

A misdemeanor

Question 6

(a) A person commits ___ if, with purpose to defraud:
(1) The person purposely obtains a service that he or she knows to be available only for compensation, by deception, threat, or other means to avoid payment for the service; or
(2) Having control over the disposition of a service to which he or she is not entitled, the person purposely diverts the service to his or her own benefit or to the benefit of another person not entitled to the service.
(b) In a circumstance in which payment is ordinarily made immediately upon the rendering of a service, absconding without payment or offer to pay gives rise to a presumption that the actor obtained the service with the purpose of avoiding payment.

Answer 6

theft of services

Question 7

Theft of Services Classification: (A) The value of the service is twenty-five thousand dollars ($25,000) or more;
(B) The service is obtained by the threat of serious physical injury to any person or destruction of the occupiable structure of another person;
(C) The service is obtained by threat, and the actor stands in a confidential or fiduciary relationship to the person threatened; or
(D) The theft of services involves a theft of a utility service that results in:
(i) Any contamination of a line, pipe, waterline, meter, or other utility property; or
(ii) A spill, dumping, or release of any hazardous material into the environment

Answer 7

B felony

Question 8

Theft of Services Classification: (A) The value of the service is less than twenty-five thousand dollars ($25,000) but more than five thousand dollars ($5,000); or
(B) The service is obtained by threat

Answer 8

C felony

Question 9

Theft of Services Classification: The value of the service is five thousand dollars ($5,000) or less but more than one thousand dollars ($1,000)

Answer 9

D felony

Question 10

Theft of Services Classification: (A) Involves a theft of a utility service that results in the destruction or damage to a line, pipe, waterline, meter, or any other property of the utility; or
(B) Is otherwise committed.

Answer 10

A misdemeanor

Question 11

(a) A person commits ___ if the person:
(1) Comes into control of property of another person;
(2) Retains or disposes of the property when the person knows the property to have been lost, mislaid, or delivered under a mistake as to the identity of the recipient or as to the nature or amount of the property; and
(3) With the purpose of depriving any person having an interest in the property, the person fails to take a reasonable measure to restore the property to a person entitled to it.

Answer 11

theft of property lost, mislaid, or delivered by mistake

Question 12

Classification: theft of property lost, mislaid, or delivered by mistake

Answer 12

(1) Class D felony if the value of the property is one thousand dollars ($1,000) or more;
(2) Class B misdemeanor if:
(A) The value of the property is less than one thousand dollars ($1,000) but more than five hundred dollars ($500); or
(B) The property is a:
(i) Credit card or credit card account number; or
(ii) Debit card or debit card account number; or
(3) Class C misdemeanor if otherwise committed.

Question 13

(a) A person commits the offense of ___ if he or she receives, retains, or disposes of stolen property of another person:
(1) Knowing that the property was stolen; or
(2) Having good reason to believe the property was stolen.
(b) As used in this section, “receiving” means acquiring possession, control, or title or lending on the security of the property.
(c) The following give rise to a presumption that a person knows or believes that property was stolen:
(1) The unexplained possession or control by the person of recently stolen property; or
(2) The acquisition by the person of property for a consideration known to be far below the property’s reasonable value.
(d) It is a defense to a prosecution for the offense of theft by receiving that the property is received, retained, or disposed of with the purpose of restoring the property to the owner or another person entitled to the property.

Answer 13

theft by receiving

Question 14

Theft by Receiving Classification: The value of the property is twenty-five thousand dollars ($25,000) or more

Answer 14

B felony

Question 15

Theft by Receiving Classification: (A) The value of the property is less than twenty-five thousand dollars ($25,000) but more than five thousand dollars ($5,000); or
(B) The property is a firearm valued at two thousand five hundred dollars ($2,500) or more

Answer 15

C felony

Question 16

Theft by Receiving Classification: (A) The value of the property is five thousand dollars ($5,000) or less but more than one thousand dollars ($1,000);
(B) The property is a:
(i) Credit card or credit card account number;
(ii) Debit card or debit card account number; or
(iii) Firearm valued at less than two thousand five hundred dollars ($2,500)

Answer 16

D felony

Question 17

Theft by Receiving Classification: Otherwise committed

Answer 17

A misdemeanor

Question 18

(a) A person commits ___ if, with a purpose to deprive the owner of the control of a trade secret, the person:
(1) Obtains or discloses to an unauthorized person a trade secret; or
(2) Without authority, makes or causes to be made a copy or an article representing a trade secret.
(b) Theft of a trade secret is a Class ___.

Answer 18

theft of a trade secret, A misdemeanor

Question 19

(a) A person commits ___ if the person ___ takes, operates, or exercises control over another person’s vehicle without consent of the owner.
(b) Unauthorized use of a vehicle is a Class ___.

Answer 19

unauthorized use of a vehicle, knowingly, A misdemeanor

Question 20

Classification: Motion Picture Piracy

Answer 20

A misdemeanor

Question 21

Classification: Theft by receiving of scrap metal

Answer 21

A misdemeanor, D felony for second or subsequent offense or more than $1,000

Question 22

Classification: Unlawful transfer of stolen property to a pawn shop or pawnbroker

Answer 22

A misdemeanor, D felony for second or subsequent offense within 5 years of a prior offense

Question 23

(a) (1) A person commits the offense of causing a catastrophe if he or she ___ causes a catastrophe by:
(A) Explosion;
(B) Fire;
(C) Flood;
(D) Avalanche;
(E) Collapse of building;
(F) Distribution of a poison, radioactive material, bacteria, or virus; or
(G) Another dangerous and difficult to confine force or substance.
(2) Causing a catastrophe is a Class ___.
(b) (1) A person commits the offense of threatening to cause a catastrophe if he or she:
(A) Contacts any person, company, corporation, or governmental entity; and
(B) Threatens to cause a catastrophe by explosion, fire, flood, avalanche, collapse of building, release of a poison, radioactive material, bacteria, or virus, or another dangerous and difficult to confine force or substance, unless:
(i) Paid a sum of money or any type of property; or
(ii) The person, company, corporation, or governmental entity performs a requested act.
(2) Threatening to cause a catastrophe is a Class ___.

Answer 23

knowingly, Y felony, D felony

Question 24

(a)  A person commits the offense of criminal mischief in the first degree if he or she ___ and without legal justification destroys or causes damage to any:
(1)  Property of another;  or
(2)  Property, whether his or her own or property of another, for the purpose of collecting any insurance for the property.

Answer 24

purposely

Question 25

(b)  Criminal mischief in the first degree is a:
(1)  Class A misdemeanor if the amount of actual damage is ___ or less;
(2)  Class D felony if the amount of actual damage is more than ___ but ___ or less;
(3)  Class C felony if the amount of actual damage is more than ___ but less than ___;  or
(4)  Class B felony if the amount of actual damage is ___ or more.

Answer 25

one thousand dollars ($1,000), one thousand dollars ($1,000), five thousand dollars ($5,000), five thousand dollars ($5,000), twenty-five thousand dollars ($25,000), twenty-five thousand dollars ($25,000)

Question 26

(a) A person commits criminal mischief in the second degree if the person:
(1) ___ destroys or damages any property of another person; or
(2) ___ tampers with any property of another person and by the tampering causes substantial inconvenience to the owner or another person.

Answer 26

Recklessly, Purposely

Question 27

Criminal mischief in the second degree is a:

(1) Class A misdemeanor if the amount of actual damage is ___ or more but less than ___;
(2) Class D felony if the amount of actual damage is ___ or more; or
(3) Class B misdemeanor if otherwise committed.

Answer 27

one thousand dollars ($1,000), five thousand dollars ($5,000), five thousand dollars ($5,000)

Question 28

Classification: Damaging wires and other fixtures of telephone, cable, and electric power companies

Answer 28

D felony

Question 29

Classification: Destruction or removal of a cemetery or grave marker

Answer 29

C felony

Question 30

Classification: Willful removal or destruction of landmarks established by legal survey

Answer 30

A misdemeanor

Question 31

(a) A person commits arson if he or she:
(1) Starts a fire or causes an explosion with the ___ of destroying or otherwise damaging:
(A) An occupiable structure or motor vehicle that is the property of another person;
(B) Any property, whether his or her own or property of another person, for the purpose of collecting any insurance for the property;
(C) Any property, whether his or her own or property of another person, if the act thereby negligently creates a risk of death or serious physical injury to any person;
(D) A vital public facility;
(E) Any dedicated church property used as a place of worship exempt from taxes pursuant to § 26-3-301;
(F) Any public building or occupiable structure that is either owned or leased by the state or any political subdivision of the state; or
(G) An area of real property being used for the commercial growth of timber or other agricultural product, if:
(i) Timber or other agricultural product is destroyed or made commercially nonviable; and
(ii) The value of the destroyed or commercially nonviable timber or other agricultural product is more than five thousand dollars ($5,000); or
(2) ___ causes a fire or an explosion in the course of and in furtherance of a felony or in immediate flight after committing a felony that results in destroying or otherwise damaging:
(A) Any occupiable structure or motor vehicle;
(B) Any property, if the fire or explosion creates a risk of death or serious physical injury to any person;
(C) A vital public facility;
(D) Any dedicated church property used as a place of worship exempt from taxes pursuant to § 26-3-301; or
(E) Any public building or occupiable structure that is either owned or leased by the state or any political subdivision of the state.

Answer 31

purpose, Recklessly

Question 32

Classification: Arson- (1) Class A misdemeanor if the property sustains less than five hundred dollars ($500) worth of damage;
(2) Class D felony if the property sustains at least five hundred dollars ($500) but less than two thousand five hundred dollars ($2,500) worth of damage;
(3) Class C felony if the property sustains at least two thousand five hundred dollars ($2,500) but less than five thousand dollars ($5,000) worth of damage;
(4) Class B felony if:
(A) The property sustains at least five thousand dollars ($5,000) but less than fifteen thousand dollars ($15,000) worth of damage; or
(B) The arson is under subdivision (a)(1)(G) of this section;
(5) Class A felony if the property sustains at least ___ but less than one hundred thousand dollars ($100,000) worth of damage; or
(6) Class Y felony if the property sustains damage in an amount of at least one hundred thousand dollars ($100,000).

Answer 32

fifteen thousand dollars ($15,000)

Question 33

(a) A person commits the offense of reckless burning if the person ___ starts a fire or causes an explosion, whether on his or her own property or property of another person, and thereby ___:
(1) Creates a substantial risk of death or serious physical injury to any person;
(2) Destroys or causes substantial damage to an occupiable structure of another person; or
(3) Destroys or causes substantial damage to a vital public facility.

Answer 33

purposely, recklessly

Question 34

Classification: Reckless burning

Answer 34

D felony

Question 35

(a) A person commits the offense of failure to control or report a dangerous fire if the person knows that a fire is unattended and is endangering the life, physical safety, or a substantial amount of property of another person, and the person:
(1) Fails to act in a reasonable manner to put out or control the fire when he or she can do so without substantial risk to himself or herself; or
(2) Fails to act in a reasonable manner to report the fire.
(b) Failure to control or report a dangerous fire is a Class ___.

Answer 35

B misdemeanor

Question 36

(a) A person commits the offense of ___ if the person:
(1) Sets on fire or causes or procures to be set on fire any forest, brush, or other inflammable vegetation on another person’s land;
(2) Allows a fire that he or she built or has charge of to escape from his or her control or to spread to a person’s land other than that of the builder of the fire;
(3) (A) Burns any brush, stumps, logs, rubbish, fallen timber, grass, stubble, or debris of any sort, whether on the person’s own land or another person’s land, without taking necessary precaution both before lighting the fire and at any time after lighting the fire to prevent the escape of the fire.
(B) The escape of fire to adjoining timber, brush, or grassland is prima facie evidence that a necessary precaution was not taken;
(4) Builds a camp fire on another person’s land without clearing the ground immediately around it of material that will carry fire;
(5) Leaves on another person’s land a camp fire to spread on that person’s land;
(6) Starts a fire in forest material not the person’s own by throwing away a lighted cigar, match, or cigarette or by the use of a firearm or in any other manner and leaves the fire unextinguished;
(7) Defaces or destroys a fire warning notice;
(8) Is an employee of the Arkansas Forestry Commission or an officer charged with a duty of enforcing a criminal law and fails to attempt to secure the arrest and conviction of a person against whom he or she has evidence or can secure evidence of violating a fire law; or
(9) Sets on fire or causes or procures to be set on fire any forest, brush, or other flammable material in violation of a burn ban on outdoor burning declared under § 12-75-108.

Answer 36

unlawful burning

Question 37

Classification: Unlawful burning

Answer 37

A misdemeanor

Question 38

Unlawful burning- Miscellaneous felonies- (a) The following acts are Class ___:

(1) Purposely setting on fire the land of another person;
(2) Starting a fire on the person’s own land that he or she has leased or is under his or her control with the intent of letting the fire escape to the land of another person; and
(3) The destruction or injuring of, or theft of, any telephone line, tower, building, tool, or equipment used in the detection, reporting, or suppression of fires.

Answer 38

C felonies

Question 39

(a) (1) A person commits residential burglary if he or she enters or remains unlawfully in a residential occupiable structure of another person with the purpose of committing in the residential occupiable structure any offense punishable by imprisonment.
(2) Residential burglary is a Class___.

Answer 39

B felony

Question 40

(1) A person commits commercial burglary if he or she enters or remains unlawfully in a commercial occupiable structure of another person with the purpose of committing in the commercial occupiable structure any offense punishable by imprisonment.
(2) Commercial burglary is a Class ___.

Answer 40

C felony

Question 41

(a) A person commits the offense of breaking or entering if for the purpose of committing a ___ or ___ he or she breaks or enters into any:
(1) Building, structure, or vehicle;
(2) Vault, safe, cash register, safety deposit box, or money depository;
(3) Money vending machine, coin-operated amusement machine, vending machine, or product dispenser;
(4) Coin telephone or coin box;
(5) Fare box on a bus; or
(6) Other similar container, apparatus, or equipment.

Answer 41

theft, felony

Question 42

Classification: Breaking or entering

Answer 42

D felony

Question 43

(a) (1) A person shall not ___ enter without written permission of the owner or lessee upon another person’s premises located outside the boundary of any city or town if those premises are either:
(A) Lawfully posted;
(B) Crop land or timber land; or
(C) Enclosed with a fence sufficient under § 2-39-101 et seq.
(2) The posting of premises is not a requirement under this section.

Answer 43

purposely

Question 44

(a) A person commits criminal trespass if he or she ___ enters or remains unlawfully in or upon:
(1) A vehicle of another person; or
(2) The premises owned or leased by another person.
(b) Criminal trespass is a:
(1) Class D felony if the person has ___ or more convictions for a Class A misdemeanor violation of this section or § 5-39-305;
(2) Class A misdemeanor if:
(A) At the time of the criminal trespass, the person is in possession of one (1) or more of the following:
(i) A killing device;
(ii) A harvesting device;
(iii) A device primarily used for the location and unearthing of buried or submerged artifacts; or
(iv) A tool designed to gain entry into a structure by breaking a lock or breaking through a fence, including without limitation a boltcutter;
(B) The person is on premises containing a commercial fishing or fish breeding operation and at that time is in possession of a fishing pole or net designed to capture fish; or
(C) The person has a prior conviction for a violation of this section;
(3) Class ___ if:
(A) The vehicle or premises involved is an occupiable structure; or
(B) The conduct involves the removal of a posted sign, a fence, or a portion of a fence as defined in § 2-39-102; or
(4) Class ___ if otherwise committed.

Answer 44

purposely, two (2), B misdemeanor, C misdemeanor

Question 45

(a) A person commits aggravated residential burglary if he or she commits residential burglary as defined in § 5-39-201 of a residential occupiable structure occupied by any person, and he or she:
(1) Is armed with a ___ or represents by word or conduct that he or she is armed with a ___; or
(2) Inflicts or attempts to inflict death or serious physical injury upon another person.

Answer 45

deadly weapon, deadly weapon

Question 46

Classification: Aggravated residential burglary

Answer 46

Y felony

Question 47

Classification: Forcible possession of land

Answer 47

A misdemeanor

Question 48

(b) A person over eighteen (18) years of age is guilty of a Class ___ if the person:
(1) Enters a school bus with the intent to commit a criminal offense;
(2) Enters a school bus and disregards an order or instruction of the driver;
(3)
(A) Enters a school bus and refuses to leave the school bus after being ordered to leave by the driver.
(4) Intentionally causes or attempts to cause a disruption or an annoyance to another person on the bus; or
(5) Recklessly engages in conduct that creates a substantial risk of creating apprehension in any person on the bus.

Answer 48

B misdemeanor

Question 49

A person is guilty of a Class ___ if he or she pulls down or breaks a fence or opens a gate and fails to close the gate of a farm, plantation, or other enclosed ground of another person.

Answer 49

A misdemeanor

Question 50

Culpable Mental State: Criminal mischief 1st

Answer 50

Purposely