Crimes Against the Person & Property Crimes - NY

Question 1

2nd Degree Unlawful Imprisonment

Answer 1

Unlawfully restraining someone without their consent, and with knowledge that the restriction is unlawful

Question 2

1st Degree Unlawful Imprisonment

Answer 2

2nd Degree + risk of serious physical injury

Question 3

2nd Degree Kidnapping

Answer 3

Abducting someone

Question 4

1st Degree Kidnapping

Answer 4

2nd degree + one of the following:

a. ransom
b. restraint of the V for more than 12 hrs w/ intent to rape, injure, or rob the V; or
c. the death of the V

Question 5

Larceny Definition

Answer 5

Any crime that would be larceny, embezzlement, false pretences, larceny by trick at CL

Question 6

Larceny Degrees

Answer 6

3rd Degree - more than $3000 {2nd - $50,000} {1st - $1,000,000} {4th - $1,000} Rest are petit larceny

Question 7

3rd Degree Robbery

Answer 7

Forcible stealing

Question 8

2nd Degree Robbery

Answer 8

Forcible Stealing + one of following:

a. D is aided by another who is actually present;
b. V is injured;
c. a car is stolen

Question 9

1st Degree Robbery

Answer 9

Forcible Stealing + one of following:

a. V is seriously injured
b. D uses or displays a firearm (“add a gun, add a degree”)

[affirmative defense: if D can prove the firearm was unloaded/inoperable, reducted to 2nd degree]

Question 10

3rd Degree Burglary

Answer 10

entering or remaining in a building unlawfully with the intent to commit a crime inside

[NOTE: no reqs of breaking, dwelling, nighttime]

Question 11

2nd Degree Burglary

Answer 11

3rd degree + ONE of (1) building is a dwelling, (2) non-participant is injured, (3) D carries a weapon

Question 12

1st Degree Burglary

Answer 12

D knows that he is burglarizing a dwelling + ONE of the following:

(1) non-participant is injured;
(2) D carries a weapon

Question 13

4th Degree Arson

Answer 13

reckless burning of a building

Question 14

3rd Degree Arson

Answer 14

intentional burning of a building

Question 15

2nd Degree Arson

Answer 15

3° + the D knows or should have known that someone was in the building

Question 16

1st Degree Arson

Answer 16

2° + explosive or incendiary device

Question 17

Criminal Possession of Stolen Property

[CL= Receipt of Stolen Property]

Answer 17

Receiving possession and control of stolen personal property

MR: knowledge that the prop has been obtained criminally;

with intent to permanently deprive owner of his interest in the property

NY - Property that is recovered or used w/ permission not considered stolen