Criminal Law FINAL

Question 1

Battery

Answer 1

A misdemeanor consisting of the unlawful application of force that actually and intentionally causes the touching of another person against his or her will

Question 2

Aggravated battery

Answer 2

A battery accompanied by an intent to kill or rape - thus, usually a specific intent crime. A felony in many states

Question 3

Assault

Answer 3

A misdemeanor consisting of either an attempted batter or an intentional frightening of another person

Question 4

Conditional Assault

Answer 4

An assault in which the actor threatens harm only under certain conditions such as the failure of the victim to act in a certain way demanded by the actor

Question 5

Aggravated assault

Answer 5

Assault with intent to kill, rob, or rape, or assault with specified deadly weapons. A felony in most states.

Question 6

mayhem

Answer 6

The felony of assault with intent to maim.

Question 7

Robbery

Answer 7

The taking of property by the use of force or fear, where the property is taken either from the person of the victim or in his or her immediate presence

Question 8

Armed robbery

Answer 8

Robbery accomplished by means of a dangerous or deadly weapon; often classified as robbery in the first degree or aggravated robbery.

Question 9

Rape

Answer 9

A felony defined as “the carnal knowledge of a women forcibly and against her will”

Question 10

Statutory rape

Answer 10

A form of rape involving sexual intercourse between an adult and a child, usually between the ages of 13 and 17

Question 11

Spousal rape

Answer 11

Nonconsensual sex between a woman and her husband, ex-husband, or partner

Question 12

Rape trauma syndrome

Answer 12

A condition observed in some rape victims in which the victim develops phobias and physical problems as a result of having been raped

Question 13

Child molestation

Answer 13

Any sexual conduct by an adult with a child

Question 14

Megan’s law

Answer 14

A statute that has been enacted in all 50 states that requires community notification by authorities when a convicted sex offender is released from prison

Question 15

Criminal abortion

Answer 15

The artificially induced expulsion of a fetus by illegal means, such as spousal abuse.

Question 16

Viability

Answer 16

The point at which a fetus can reasonably live outside its mother’s womb, with or without artificial support.

Question 17

Child abuse

Answer 17

An intentional or neglectful physical of emotional injury imposed on a child, including sexual molestation

Question 18

Battered child syndrome

Answer 18

A clinical condition suffered by young children who have been the victims of prolonged serious physical abuse

Question 19

Spousal abuse

Answer 19

Long-term physical abuse by the victims spouse or partner.

Question 20

Battered woman syndrome

Answer 20

A defense in many jurisdiction in which the victim of abuse eventually “snaps” and kills the abuser

Question 21

Elder abuse

Answer 21

The abuse, neglect, or financial exploitation of elderly persons.

Question 22

False imprisonment

Answer 22

Knowingly and unlawfully restraining a person so as to substantially interfere with his or her liberty

Question 23

Shopkeeper’s rule

Answer 23

An exception to false imprisonment laws that gives a shopkeeper the right to restrain a person if the shopkeeper possesses a reasonable belief that the customer has not paid a bill or has shoplifted an item.

Question 24

Kidnapping

Answer 24

A felony defined as taking or carrying away a person without consent, by force or fraud without lawful excuse and often with a demand for ransom

Question 25

Common law arson

Answer 25

The malicious and willful burning of another’s house

Question 26

Curtilage

Answer 26

The land immediately surrounding and associated with the home, including such structures as a barn, outhouse, or milk house

Question 27

Willfulness

Answer 27

The voluntary, intentional nature of a crime; required as a separate element of arson

Question 28

Modern arson

Answer 28

The malicious, willful burning of, or attempted burning of, one’s own or another person’s properly

Question 29

Common law burglary

Answer 29

Breaking and entering, in the nighttime, of the mansion or dwelling house or curtilage of another, with the intent to commit a felony

Question 30

Modern burglary

Answer 30

Entering, whether in the daytime or at night, of any building, structure, or vehicle, with the intent to commit any criminal offense

Question 31

Inner door

Answer 31

A door inside a building that does not lead directly to the outside

Question 32

Constructive entry

Answer 32

An entry effected by using an instrumentality, such as another person, an animal, or a physical object

Question 33

Nighttime

Answer 33

At common law, the period between sunset and sunrise when there is not enough daylight to discern a man’s face

Question 34

Sleep test

Answer 34

Whether the dwelling is used regularly as a place to sleep determines whether a dwelling is occupied

Question 35

Breaking and entering

Answer 35

Unlawfully forced entry; similar to burglary, but without the specific intent to commit a theft or felony inside the structure.

Question 36

Simple burglary

Answer 36

The unauthorized entering of any dwelling, vehicle, watercraft, or other structure, movable or immovable, with the intent to commit a felony or any theft therein.

Question 37

Aggravated burglary

Answer 37

Simple burglary with the added elements of entering an inhabited dwelling, or any structure or vehicle, while armed with a dangerous weapon, or by committing a battery after or upon the entry

Question 38

Burglar’s tools

Answer 38

Tools and instruments that are designed, adapted, or commonly used to commit burglaries

Question 39

Motor vehicle

Answer 39

A vehicle proceeding on land by means of its own power plant and free rails, tracks or overhead wires.

Question 40

Joyriding

Answer 40

The illegal driving of someone else’s automobile without permission, but with no intent to deprive the owner of it permanently

Question 41

Theft

Answer 41

A broad category of misconducted against property that includes the crimes of larceny, embezzlement, theft by false pretense, shoplifting, robbery, and receiving stolen goods

Question 42

Grand theft

Answer 42

The felonious taking of property valued above a set monetary amount, or the theft of a motor vehicle. More serious than petit or petty theft.

Question 43

Petit or petty theft

Answer 43

The misdemeanor taking of property under a set monetary amount. Less serious than grand theft

Question 44

Thief

Answer 44

THe original unlawful taker of the property of another person.

Question 45

Larceny

Answer 45

The taking and carrying away of the property of another, without consent, with the purpose of stealing or permanently depriving the owner of possession

Question 46

Larceny from a person

Answer 46

Statutory offense of taking property from the person of another; the penalty is usually greater than that for simple larceny

Question 47

Shoplifting

Answer 47

A crime defined by a specific theft stature to address thefts of merchandise, concealment of merchandise, altering of price tags, and retail theft.

Question 48

Abandoned property

Answer 48

Property over which a person voluntarily gives us permanent possession or ownership

Question 49

Embezzlement

Answer 49

The unlawful taking or misuse of property by persons, typically employees, who lawfully come into possession of the property and therefore do not meet the theft or larceny requirement of wrongfully obtaining the property.

Question 50

Misappropriation

Answer 50

The wrongful misuse or taking of another’s property that he has been entrusted to the accused

Question 51

False pretense

Answer 51

a crime in which title or ownership of the property is passes to the defendant in reliance on the defendant’s misrepresentation

Question 52

receiving

Answer 52

Acquiring possession, control, or title, or lending on the security of, property that has been stolen

Question 53

Constructive possession

Answer 53

A relationship between the defendant and the stolen goods such that it is reasonable to treat the extent of the defendant’s dominion and control over the property as if it were actual possession

Question 54

Extortion

Answer 54

The gaining of property by threat of physical harm to a person or property by a public official under color of his or her offices

Question 55

Under color of authority or office

Answer 55

The requirement at common law for the crime of extortion that action taken by the perpetrator be in his or her capacity as a public official

Question 56

Blackmail

Answer 56

A threat by a private citizen seeking hush money, or payment, to remain silent about a crime or a shameful act.

Question 57

Bribery

Answer 57

Payment by a person to a public official in order to gain an advantage that the person is not otherwise entitled to; both parties are guilty of the crime

Question 58

Forgery

Answer 58

making or altering a writing, with the purpose of deceiving or injuring, in such a way as to convey a false impression concerning its authenticity

Question 59

Uttering

Answer 59

Presenting a forged writing and attempting to use it to deceive or cheat.

Question 60

Fraudulent making

Answer 60

Creating a document that is not authentic.

Question 61

Public order and safety offenses

Answer 61

Offenses designed to protect the general public by dealing with behavior that is not necessarily immoral, but nonetheless affects the peace and safety of the community

Question 62

Mala prohibita

Answer 62

Crimes defining conduct that is wrong only because the law says it is wrong in order to protect the general public

Question 63

Mala in se

Answer 63

Crimes such as rape and murder that are inherently wrong

Question 64

Unlawful assembly

Answer 64

A gathering together of three or more persons with the common intent to achieve a lawful or unlawful purpose in a tumultuous manner

Question 65

rout

Answer 65

An unlawful assembly that is escalating toward, but does not reach, the level of a iron; an attempted riot

Question 66

Riot

Answer 66

A tumultuous disturbance of the peace by three or more persons assembling together in the execution of a lawful or unlawful act and committing it in a violent and turbulent manner

Question 67

Disorderly conduct

Answer 67

A loosely defined offense addressing behavior that disturbs the safety, health, or orals of others, or tha tis intended only to annoy another person

Question 68

Vagrancy

Answer 68

A crime that is vaguely defined as being idle or wandering without a visible means of support; no longer a crime in most jurisdictions because of the unconstitutionally of past vagrancy laws

Question 69

Nuisance

Answer 69

Anything that endangers life or health gives offense to the senses, violates laws of decency, or obstructs the reasonable and comfortable use of property

Question 70

Abatement

Answer 70

Ending or eliminating or nuisance

Question 71

Reckless

Answer 71

Driving with voluntary and wanton disregard for the safety of persons or property

Question 72

Driving under the influence (DUI)

Answer 72

Operating a motor vehicle while under the influence of a substance or with a blood or breath alcohol concentration above a prohibited level.

Question 73

DUI manslaughter

Answer 73

Causing the death of human being by reason of operation of a motor vehicle while under the influence of alcohol or drugs.

Question 74

Firearm

Answer 74

Any weapon that can, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapons any firearm muffler or firearm silencer.

Question 75

Assault weapon

Answer 75

One of the prohibited weapons named by federal legislation, such rifles with conspicuous pistol grips. pistols with shrouds, and shotguns with a higher ammunition capacity.

Question 76

Obsenity

Answer 76

Sexually explicit material that falls outside the protection of the first amendment and therefore may be punished under a criminal stature.

Question 77

Indecent exposure

Answer 77

An offensive display of one’s body in public especially the genitals or the female breasts

Question 78

xhibitionism

Answer 78

Repeated intentional acts of exposing the genitals to an unsuspecting stranger or strangers for the purpose of achieving sexual excitement.

Question 79

Prostitution

Answer 79

A crime that is committed when one person agrees to engage in sexual or deviate sexual intercourse in return for something of value, usually money.

Question 80

Mann Act

Answer 80

A federal act that prohibits the knowing transportation in interstater foreign commerce of any individual, male or female, with the intent that such individual engage in prostitution or in any sexual activity

Question 81

soliciataion

Answer 81

The act of offering to pay another, or receive payment from another, for sex

Question 82

Pimping

Answer 82

Promoting prostitution, living off the earning of prostitutes, and in some cases coercing individuals to work as prostitutes.

Question 83

Pandering

Answer 83

Either procuring a prostitute for a place of prostitution or procuring a place for a prostitute to engage in prostitution.

Question 84

Adultery

Answer 84

Sexual relations with someone other than a spouse when the person is married

Question 85

fornication

Answer 85

Voluntary, unlawful sexual intercourse under circumstances not constituting adultery

Question 86

Sodomy

Answer 86

The unlawful sexual penetration of the anus of one person by the penis of another

Question 87

gambling

Answer 87

The act of staking or risking something of value on the outcome of a contest of chance, or on a future event of chance that is not under gambler’s control or influence.

Question 88

Controlled substance

Answer 88

Any substance that is strictly regulated or outlawed because of its potential for abuse or addiction

Question 89

psychoactive drug

Answer 89

A drug that has the ability to alter mood, anxiety, behavior, cognitive processes, or mental tension

Question 90

Medical cannabis

Answer 90

medical cannabis (also referred to as medical marjuana) is the use of cannabis and its constituent THC as a physician-recommended form of medicine or herbal therapy

Question 91

actual possession

Answer 91

When the controlled substance is on the defendant’s person or in a container hat the defendant is carrying

Question 92

Constructive possesion

Answer 92

When illegal drugs are in a place immediately accessible to the accused and subject to his or her domination and control.

Question 93

Possession with intent ot deliver

Answer 93

A drug offense that may be proven circumstantially by proof of a monetarily valuable quantity of drugs, possession of manufacturing or packing implements, and the activities or statements of the person or persons in possession of the substance

Question 94

Delivery of a controlled substance

Answer 94

The transfer of a controlled substance from one person to another.

Question 95

Delivery of a controlled substance

Answer 95

The transfer of a controlled substance from one person to another.

Question 96

Simulated controlled substance

Answer 96

A substance representing a controlled substance in its nature, packaging, or appearance, which would lead a reasonable person to believe it to be a controlled substance.

Question 97

Drug conspiracy

Answer 97

An agreement between two or more people to commit a criminal or unlawful drug related act, or to commit a lawful drug-related act by criminal or unlawful means

Question 98

Drug loitering

Answer 98

An action done in public that manifests the intent to engage in illegal drug activity

Question 99

Drug transportation

Answer 99

Transportation a controlled substance in a vehicle; a crime in every state

Question 100

Drug paraphernalia

Answer 100

Any equipment, product, or material that is primarily intended or designed for use with a controlled substance, such as bongs, pipes, rolling papers, scales, and hypodermic needles

Question 101

Dram shop acts

Answer 101

Legislative acts that impose strict liability on the seller of intoxicating beverages when the sale results in harm to a third party’s person, property. or means of support.

Question 102

Drunk driving,

Answer 102

THe offense of driving while drunk, known as DWI, DUI, DWAI, or DUBAL.

Question 103

Obstruction of justice

Answer 103

The act by which one or more persons attempt to actually prevent the executio of alawful process

Question 104

Quasi-bribery

Answer 104

An extension of the crime of bribery to include people other than public officials whose functions are considered important to the public

Question 105

Commercial bribery

Answer 105

The giving, receiving, or soliciting of anything of value to influence an employee or professional in the performance of his or her duties

Question 106

Perjury

Answer 106

Making false statements under oath or affirmation

Question 107

false swearing

Answer 107

The giving of a false oath during a proceeding or matter in which an oath is required by law

Question 108

Subornation of perjury

Answer 108

The crime of procuring another person to make a false oath

Question 109

Witness tampering

Answer 109

Illegal conduct with the intent to influence witness testimony, such as by approaching a potential witness with threats or other means to prevent the witness from testifying

Question 110

Suppressing evidence

Answer 110

A crime that occurs when a defendant, or a person working on behalf of the defendant, suppresses destroys, or refuse to produce evidence relevant to a grand jury investigation.

Question 111

Resisting arrest

Answer 111

physical efforts to oppose a lawful arrest

Question 112

Compounding a felony

Answer 112

An offense that occurs when someone refuses to report or prosecute a felony in exchange for a benefit or reward of some value.

Question 113

Misprision of a felony

Answer 113

The act of failing to report or prosecute a known felony and taking positive steps to conceal the crime

Question 114

Escape

Answer 114

A crime that occurs when a person who is lawfully detained or imprisoned leaves custody before he or she is entitled to freedom by due process of law

Question 115

Contempt of court

Answer 115

ANy affirmative act or omission that obstructs justice or attempts to negate the dignity and authority of the court

Question 116

Direct contempt

Answer 116

A criminal form of contempt of court that occurs in the presence of the court when a person resists the court’s authority.

Question 117

Constructive contempt

Answer 117

Contempt of courts that results from matters outside the court, such as failure to comply with court orders.

Question 118

Criminal contempt

Answer 118

An act of disrespect toward the court or its procedures, other than direct contempt, that obstructs the administration of justice.

Question 119

Robinson v. California

Answer 119

8th issue
Rule: While the possession or distribution of illegal drugs may be punished as a crime, the mere status of addiction may not be punished if it is not connected to a concrete instance of use. In some instances, like other illnesses, drug addiction may be contracted involuntarily. This makes any imprisonment imposed on these grounds alone a violation of the Eighth Amendment’s prohibition of cruel and unusual punishment.

Facts: Robinson admitted to occasional drug use, and the police found track marks on him. He was convicted of violating a California statute that criminalized people who were addicted to narcotics.

Holding: It is unconstitutional for a state to punish a defendant for drug addiction, which is a status rather than an act, when the defendant has not engaged in any illegal conduct involving drugs in the state.

Question 120

Schmerber v. California

Answer 120

5th issue
Rule: The overriding function of U.S. Const. amend. IV is to protect personal privacy and dignity against unwarranted intrusion by the state. The security of one’s privacy against arbitrary intrusion by the police is the core of the Fourth Amendment and basic to a free society.

Facts: A defendant was convicted in the Los Angeles Municipal Court, California, of driving an automobile while under the influence of intoxicating liquor. After the defendant’s arrest, while he was at a hospital receiving treatment for injuries suffered in an automobile accident, a blood sample was withdrawn by a physician at the direction of a police officer, acting without a search warrant, despite the defendant’s refusal, on the advice of counsel, to consent to the blood test. The report of the chemical analysis of the test, indicating intoxication, was admitted in evidence at the trial, over the defendant’s objection that the compulsory blood test and the admission of the evidence thereof violated his right to due process of law under the Fourteenth Amendment, and his privilege against self-incrimination under the Fifth Amendment, his right to counsel under the Sixth Amendment, and his right against unreasonable searches and seizures under the Fourth Amendment, insofar as such rights were secured against the states by the Fourteenth Amendment. The Appellate Department of the California Superior Court affirmed the conviction.

Issue: Was there a violation of petitioner’s right under the Fourth and Fourteenth Amendments to be free of unreasonable searches and seizures? NO

Conclusion: The Court upheld petitioner’s conviction. It held that the privilege against self-incrimination protected an accused only from being compelled to testify against himself, or to otherwise provide the State with evidence of a testimonial or communicative nature, and that the withdrawal of blood and use of the analysis did not involve compulsion to these ends. The Court also held that the record showed no violation of petitioner’s right to be free of unreasonable searches and seizures, because the arresting officer could have reasonably concluded that the delay in obtaining a warrant could result in the destruction or disappearance of evidence and because the test was conducted in a reasonable manner.

Question 121

McDonnel v. United States

Answer 121

Rule: For the purpose of federal bribery statutes, is an “official action” limited to the exercise or threatened exercise of actual governmental power, and if the term is not limited in this manner, are the statutes unconstitutional?

Facts: McDonnel was Governor of Virginia. McDonnell conspired with a business man to make a drug classified as pharmaceutical with extensive expensive testing.

Conclusion: The Court held that arranging a meeting, contacting another official, or hosting an event – on its own – is not sufficient to rise to the level of an “official act” for the purpose of federal bribery statutes. This more limited reading of the statutory text gives each word a meaning that is proper in context and not superfluous, which is the best reading of the statute. Additionally, previous Supreme Court precedent has established that the existence of matters pending before a government official was not sufficient to find that any action related to those matters constituted an “official act.” Adopting a broader reading of the statutory language would likely chill public officials’ interactions with their constituents due to fears of prosecution and therefore make it more difficult for them to do their jobs. The conviction was vacated.

Question 122

People v. Sharpe

Answer 122

Rule: Convicted of perjury. claimed before grand jury that officers solicited and accepted bribes.

Question 123

People v. Volition

Answer 123

Rule: Can someone resist what is thought to be unlawful arrest? NO

Whether authorized or unauthorized one must comply to arrest of what is reasonably an officer

Question 124

Controlled Substance Act 1970

Answer 124

places all substances which were in some manner regulated under existing federal law into one of five schedules. This placement is based upon the substance’s medical use, potential for abuse, and safety or dependence liability.

Question 125

Marijuana Tax Act of 1937

Answer 125

the importation, cultivation, possession and/or distribution of marijuana were regulated. Among the act’s provisions was one requiring importers to register and pay an annual tax of $24

Question 126

Harrison Narcotics Act of 1914

Answer 126

required narcotics manufacturers, sellers, and distributors to register with the Bureau of Internal Revenue under the U.S. Treasury Department. The act was the first comprehensive law in the U.S. to regulate whole classes of drugs

Question 127

Boggs Act

Answer 127

imposed two to five years for first offenders along with a fine up to $2,000, five to 10 years for a second of- fense, and 10 to 15 years for any subsequent offenses. An amendment to the Harrison act

Question 128

Volstead Act

Answer 128

made it illegal to “manufacture, sell, barter, transport, import, export, deliver, furnish, or possess” such beverages. (alcohol)

Question 129

Arson 1st Class A-1

Answer 129

1) intentional damages a building or motor vehicle by explosion or fire caused by incendiary device , another person is in the building.

Question 130

Arson 2nd degree Class B Fel

Answer 130

1) intentionally
damages a building or motor vehicle by starting a fire, and when (a) another person who is not a participant in the crime is present in such building or motor vehicle at the time, and (b) the defendant knows that fact or the circumstances are such as to render the presence of such a person therein a reasonable possibility.

Question 131

Arson 3rd Class C Fel

Answer 131

1. A person is guilty of arson in the third degree when he intentionally damages a building or motor vehicle by starting a fire or causing an explosion.
2. In any prosecution under this section, it is an affirmative defense that (a) no person other than the defendant had a possessory or proprietary interest in the building or motor vehicle, or if other persons had such interests, all of them consented to the defendant’s conduct, and (b) the defendant’s sole intent was to destroy or damage the building or motor vehicle for a lawful and proper purpose, and (c) the defendant had no reasonable ground to believe that his conduct might endanger the life or safety of another person or damage another building or motor vehicle.

Question 132

Assault 1st Class B fellony

Answer 132

With intent to cause serious physical injury to another person, he causes such injury to such person or to a third person by means of a deadly weapon or a dangerous instrument; or 2. With intent to disfigure another person seriously and permanently, or to destroy, amputate or disable permanently a member or organ of his body, he causes such injury to such person or to a third person; or 3. Under circumstances evincing a depraved indifference to human life, he recklessly engages in conduct which creates a grave risk of death to another person, and thereby causes serious physical injury to another person; or 4. In the course of and in furtherance of the commission or attempted commission of a felony or of immediate flight therefrom, he, or another participant if there be any, causes serious physical injury to a person other than one of the participants.

Question 133

Assault 2nd Class D Felony

Answer 133

1. With intent to cause serious physical injury to another person, he causes such injury to such person or to a third person; or 2. With intent to cause physical injury to another person, he causes such injury to such person or to a third person by means of a deadly weapon or a dangerous instrument; or 3. With intent to prevent a peace officer, a police officer, prosecutor as defined in subdivision thirty-one of section 1.20 of the criminal procedure law

Question 134

Assault 3rd Class A Misdemeanor

Answer 134

1. With intent to cause physical injury to another person, he causes such injury to such person or to a third person; or 2. He recklessly causes physical injury to another person; or 3. With criminal negligence, he causes physical injury to another person by means of a deadly weapon or a dangerous instrument.,

Question 135

Burglary 1st Class B felony

Answer 135

A person is guilty of burglary in the first degree when he knowingly enters or remains unlawfully in a dwelling with intent to commit a crime therein, and when, in effecting entry or while in the dwelling or in immediate flight therefrom, he or another participant in the crime:
1. Is armed with explosives or a deadly weapon; or
2. Causes physical injury to any person who is not a participant in the crime; or
3. Uses or threatens the immediate use of a dangerous instrument; or
4. Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; except that in any prosecution under this subdivision, it is an affirmative defense that such pistol, revolver, rifle, shotgun, machine gun or other firearm was not a loaded weapon from which a shot, readily capable of producing death or other serious physical injury, could be discharged. Nothing contained in this subdivision shall constitute a defense to a prosecution for, or preclude a conviction of, burglary in the second degree, burglary in the third degree or any other crime.

Question 136

Burglary 2nd Class C felony

Answer 136

A person is guilty of burglary in the second degree when he knowingly enters or remains unlawfully in a building with intent to commit a crime therein, and when:
1. In effecting entry or while in the building or in immediate flight therefrom, he or another participant in the crime: (a) Is armed with explosives or a deadly weapon; or (b) Causes physical injury to any person who is not a participant in the crime; or (c) Uses or threatens the immediate use of a dangerous instrument; or (d) Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; or
2. The building is a dwelling.

Question 137

Burglary 3rd Class D felony

Answer 137

A person is guilty of burglary in the third degree when he knowingly enters or remains unlawfully in a building with intent to commit a crime therein.

Question 138

Criminal Mischief 1st Class B felony

Answer 138

A person is guilty of criminal mischief in the first degree when with intent to damage property of another person, and having no right to do so nor any reasonable ground to believe that he has such right, he damages property of another person by means of an explosive.

Question 139

Criminal Mischief 2nd Class D felony

Answer 139

A person is guilty of criminal mischief in the second degree when with intent to damage property of another person, and having no right to do so nor any reasonable ground to believe that he has such right, he damages property of another person in an amount exceeding one thousand five hundred dollars.

Question 140

Criminal Mischief 3rd class E felony

Answer 140

A person is guilty of criminal mischief in the third degree when, with intent to damage property of another person, and having no right to do so nor any reasonable ground to believe that he or she has such right, he or she:

1. damages the motor vehicle of another person, by breaking into such vehicle when it is locked with the intent of stealing property, and within the previous ten year period, has been convicted three or more times, in separate criminal transactions for which sentence was imposed on separate occasions, of criminal mischief in the fourth degree as defined in section 145.00, criminal mischief in the third degree as defined in this section, criminal mischief in the second degree as defined in section 145.10, or criminal mischief in the first degree as defined in section 145.12 of this article; or
2. damages property of another person in an amount exceeding two hundred fifty dollars.

Question 141

Criminal Mischief 4th Class A misdemeanor

Answer 141

A person is guilty of criminal mischief in the fourth degree when, having no right to do so nor any reasonable ground to believe that he or she has such right, he or she:

1. Intentionally damages property of another person; or
2. Intentionally participates in the destruction of an abandoned building as defined in section one thousand nine hundred seventy-one-a of the real property actions and proceedings law; or
3. Recklessly damages property of another person in an amount exceeding two hundred fifty dollars; or
4. With intent to prevent a person from communicating a request for emergency assistance, intentionally disables or removes telephonic, TTY or similar communication sending equipment while that person: (a) is attempting to seek or is engaged in the process of seeking emergency assistance from police, law enforcement, fire or emergency medical services personnel; or (b) is attempting to seek or is engaged in the process of seeking emergency assistance from another person or entity in order to protect himself, herself or a third person from imminent physical injury. The fact that the defendant has an ownership interest in such equipment shall not be a defense to a charge pursuant to this subdivision.

Question 142

Criminal possession of Stolen Property 1st Class B felony

Answer 142

A person is guilty of criminal possession of stolen property in the first degree when he knowingly possesses stolen property, with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner, and when the value of the property exceeds one million dollars

Question 143

Criminal possession of Stolen Property 2nd class C felony

Answer 143

A person is guilty of criminal possession of stolen property in the second degree when he knowingly possesses stolen property, with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner thereof, and when the value of the property exceeds fifty thousand dollars.

Question 144

Criminal possession of stolen property 3rd degree class D fel

Answer 144

A person is guilty of criminal possession of stolen property in the third degree when he knowingly possesses stolen property, with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner thereof, and when the value of the property exceeds three thousand dollars.

Question 145

Criminal possession of stolen property 4th Class E fel

Answer 145

A person is guilty of criminal possession of stolen property in the fourth degree when he knowingly possesses stolen property, with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner thereof, and when:

1. The value of the property exceeds one thousand dollars; or
2. The property consists of a credit card, debit card or public benefit card; or
3. He is a collateral loan broker or is in the business of buying, selling or otherwise dealing in property; or
4. The property consists of one or more firearms, rifles and shotguns, as such terms are defined in section 265.00 of this chapter; or
5. The value of the property exceeds one hundred dollars and the property consists of a motor vehicle, as defined in section one hundred twenty-five of the vehicle and traffic law, other than a motorcycle, as defined in section one hundred twenty-three of such law; or
6. The property consists of a scroll, religious vestment, vessel or other item of property having a value of at least one hundred dollars kept for or used in connection with religious worship in any building or structure used as a place of religious worship by a religious corporation, as incorporated under the religious corporations law or the education law.
7. The property consists of anhydrous ammonia or liquified ammonia gas and the actor intends to use, or knows another person intends to use, such anhydrous ammonia or liquified ammonia gas to manufacture methamphetamine.

Question 146

Criminal possession of stolen property 5th Class A misdemeanor

Answer 146

A person is guilty of criminal possession of stolen property in the fifth degree when he knowingly possesses stolen property, with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner thereof.

Question 147

Grand larceny 1st Class B felony

Answer 147

A person is guilty of grand larceny in the first degree when he steals property and when the value of the property exceeds one million dollars.

Question 148

Grand larceny 2nd Class C felony

Answer 148

A person is guilty of grand larceny in the second degree when he steals property and when:

1. The value of the property exceeds fifty thousand dollars; or
2. The property, regardless of its nature and value, is obtained by extortion committed by instilling in the victim a fear that the actor or another person will (a) cause physical injury to some person in the future, or (b) cause damage to property, or (c) use or abuse his position as a public servant by engaging in conduct within or related to his official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely.

Question 149

Grand larceny 3rd class D felony

Answer 149

A person is guilty of grand larceny in the third degree when he or she steals property and: 1. when the value of the property exceeds three thousand dollars, or 2. the property is an automated teller machine or the contents of an automated teller machine.

Question 150

Grand larceny 4th Class E felony

Answer 150

A person is guilty of grand larceny in the fourth degree when he steals property and when:

1. The value of the property exceeds one thousand dollars; or
2. The property consists of a public record, writing or instrument kept, filed or deposited according to

law with or in the keeping of any public office or public servant; or

3. The property consists of secret scientific material; or
4. The property consists of a credit card or debit card; or
5. The property, regardless of its nature and value, is taken from the person of another; or
6. The property, regardless of its nature and value, is obtained by extortion; or
7. The property consists of one or more firearms, rifles or shotguns, as such terms are defined in section 265.00 of this chapter; or
8. The value of the property exceeds one hundred dollars and the property consists of a motor vehicle, as defined in section one hundred twenty-five of the vehicle and traffic law, other than a motorcycle, as defined in section one hundred twenty-three of such law; or
9. The property consists of a scroll, religious vestment, a vessel, an item comprising a display of religious symbols which forms a representative expression of faith, or other miscellaneous item of property which: (a) has a value of at least one hundred dollars; and (b) is kept for or used in connection with religious worship in any building, structure or upon the curtilage of such building or structure used as a place of religious worship by a religious corporation, as incorporated under the religious corporations law or the education law.
10. The property consists of an access device which the person intends to use unlawfully to obtain telephone service.
11. The property consists of anhydrous ammonia or liquified ammonia gas and the actor intends to use, or knows another person intends to use, such anhydrous ammonia or liquified ammonia gas to manufacture methamphetamine.

Question 151

Petit larceny class A misdemeanor

Answer 151

A person is guilty of petit larceny when he steals property

Question 152

Reckless Endangerment 1st Class D felony

Answer 152

A person is guilty of reckless endangerment in the first degree when, under circumstances evincing a depraved indifference to human life, he recklessly engages in conduct which creates a grave risk of death to another person.

Question 153

Reckless Endangerment 2nd Class A misdemeanor

Answer 153

A person is guilty of reckless endangerment in the second degree when he recklessly engages in conduct which creates a substantial risk of serious physical injury to another person.

Question 154

Riot 1st class E felony

Answer 154

1. Simultaneously with ten or more other persons, engages in tumultuous and violent conduct and thereby intentionally or recklessly causes or creates a grave risk of causing public alarm, and in the course of and as a result of such conduct, a person other than one of the participants suffers physical injury or substantial property damage occurs; or
2. While in a correctional facility or a local correctional facility, as those terms are defined in subdivisions four and sixteen, respectively, of section two of the correction law, simultaneously with ten or more other persons, engages in tumultuous and violent conduct and thereby intentionally or recklessly causes or creates a grave risk of causing alarm within such correctional facility or local correctional facility and in the course of and as a result of such conduct, a person other than one of the participants suffers physical injury or substantial property damage occurs.

Question 155

Riot 2nd class A misdemeanor

Answer 155

A person is guilty of riot in the second degree when, simultaneously with four or more other persons, he engages in tumultuous and violent conduct and thereby intentionally or recklessly causes or creates a grave risk of causing public alarm.

Question 156

Trespass 1st Class D felony

Answer 156

A person is guilty of criminal trespass in the first degree when he knowingly enters or remains unlawfully in a building, and when, in the course of committing such crime, he:

1. Possesses, or knows that another participant in the crime possesses, an explosive or a deadly weapon; or
2. Possesses a firearm, rifle or shotgun, as those terms are defined in section 265.00, and also possesses or has readily accessible a quantity of ammunition which is capable of being discharged from such firearm, rifle or shotgun; or
3. Knows that another participant in the crime possesses a firearm, rifle or shotgun under circumstances described in subdivision two.

Question 157

Trespass 2nd class A misdemeanor

Answer 157

A person is guilty of criminal trespass in the second degree when:

1. he or she knowingly enters or remains unlawfully in a dwelling; or
2. being a person required to maintain registration under article six-C of the correction law and designated a level two or level three offender pursuant to subdivision six of section one hundred sixty-eight-l of the correction law, he or she enters or remains in a public or private elementary, parochial, intermediate, junior high, vocational or high school knowing that the victim of the offense for which such registration is required attends or formerly attended such school. It shall not be an offense subject to prosecution under this subdivision if: the person is a lawfully registered student at such school; the person is a lawful student participant in a school sponsored event; the person is a parent or a legal guardian of a lawfully registered student at such school and enters the school for the purpose of attending their child’s or dependent’s event or activity; such school is the person’s designated polling place and he or she enters such school building for the limited purpose of voting; or if the person enters such school building for the limited purposes authorized by the superintendent or chief administrator of such school.

Question 158

Criminal trespass 3rd class B misdemeanor

Answer 158

A person is guilty of criminal trespass in the third degree when he knowingly enters or remains unlawfully in a building or upon real property

(a) which is fenced or otherwise enclosed in a manner designed to exclude intruders; or

(b) where the building is utilized as an elementary or secondary school or a children’s overnight camp as defined in section one thousand three hundred ninety-two of the public health law or a summer day camp as defined in section one thousand three hundred ninety-two of the public health law in violation of conspicuously posted rules or regulations governing entry and use thereof; or

(c) located within a city with a population in excess of one million and where the building or real property is utilized as an elementary or secondary school in violation of a personally communicated request to leave the premises from a principal, custodian or other person in charge thereof; or

(d) located outside of a city with a population in excess of one million and where the building or real property is utilized as an elementary or secondary school in violation of a personally communicated request to leave the premises from a principal, custodian, school board member or trustee, or other person in charge thereof; or

(e) where the building is used as a public housing project in violation of conspicuously posted rules or regulations governing entry and use thereof; or

(f) where a building is used as a public housing project in violation of a personally communicated request to leave the premises from a housing police officer or other person in charge thereof; or

(g) where the property consists of a right-of-way or yard of a railroad or rapid transit railroad which has been designated and conspicuously posted as a no-trespass railroad zone.

Question 159

Obscenity

Answer 159

sexually explicit material that falls outside the protection of the First Amendment and therefore may be punished under a criminal statute.

Question 160

White collar crime

Answer 160

A broad category of nonviolent misconduct involving commercial and financial fraud

Question 161

Schedule 1 drugs

Answer 161

1) Heroin
2)LSD
3) mescaline
4) peyote
5) Quaaludes
6) psilocybin
7) marijuana
8) hashish
9) some hallucinogens

Question 162

Schedule 2 drugs

Answer 162

1) Opium
2) morhpine
3) codeine
4) cocaine
5) phencyclidine
6) Ritalin
7) Preludin (phenmetrazine)
8) some barbituates

Question 163

Schedule 3 drugs

Answer 163

1) anabolic steroids
2) cold medicines
3) pain relievers containting codeine

Question 164

Schedule 4 drugs

Answer 164

1) depressants
2) minor tranquillizers
a) Valium
b) Librium
c) Equanil
3) some stimulants

Question 165

Schedule 5 drugs

Answer 165

1) Cough medicines containing opium morphine or codeine
2) antidiarrheals containing opium morphine or codeine

Question 166

Examples of white collar crimes

Answer 166

1) antitrust violations, bankruptcy fraud, bribery, computer and internet fraud, counterfeiting, credit card fraud, economic espionage and trade secret theft, embezzlement, environmental law violations, financial institution fraud, government fraud, healthcare fraud, insider trading, insurance fraud, intellectual property theft/piracy, kickbacks, mail fraud, money laundering, securities fraud, tax evasion, phone and telemarketing fraud, and public corruption.