Criminal Law FINAL Flashcards
1
Q
Battery
A
A misdemeanor consisting of the unlawful application of force that actually and intentionally causes the touching of another person against his or her will
2
Q
Aggravated battery
A
A battery accompanied by an intent to kill or rape - thus, usually a specific intent crime. A felony in many states
3
Q
Assault
A
A misdemeanor consisting of either an attempted batter or an intentional frightening of another person
4
Q
Conditional Assault
A
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
5
Q
Aggravated assault
A
Assault with intent to kill, rob, or rape, or assault with specified deadly weapons. A felony in most states.
6
Q
mayhem
A
The felony of assault with intent to maim.
7
Q
Robbery
A
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
8
Q
Armed robbery
A
Robbery accomplished by means of a dangerous or deadly weapon; often classified as robbery in the first degree or aggravated robbery.
9
Q
Rape
A
A felony defined as “the carnal knowledge of a women forcibly and against her will”
10
Q
Statutory rape
A
A form of rape involving sexual intercourse between an adult and a child, usually between the ages of 13 and 17
11
Q
Spousal rape
A
Nonconsensual sex between a woman and her husband, ex-husband, or partner
12
Q
Rape trauma syndrome
A
A condition observed in some rape victims in which the victim develops phobias and physical problems as a result of having been raped
13
Q
Child molestation
A
Any sexual conduct by an adult with a child
14
Q
Megan’s law
A
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
15
Q
Criminal abortion
A
The artificially induced expulsion of a fetus by illegal means, such as spousal abuse.
16
Q
Viability
A
The point at which a fetus can reasonably live outside its mother’s womb, with or without artificial support.
17
Q
Child abuse
A
An intentional or neglectful physical of emotional injury imposed on a child, including sexual molestation
18
Q
Battered child syndrome
A
A clinical condition suffered by young children who have been the victims of prolonged serious physical abuse
19
Q
Spousal abuse
A
Long-term physical abuse by the victims spouse or partner.
20
Q
Battered woman syndrome
A
A defense in many jurisdiction in which the victim of abuse eventually “snaps” and kills the abuser
21
Q
Elder abuse
A
The abuse, neglect, or financial exploitation of elderly persons.
22
Q
False imprisonment
A
Knowingly and unlawfully restraining a person so as to substantially interfere with his or her liberty
23
Q
Shopkeeper’s rule
A
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.
24
Q
Kidnapping
A
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
25
Common law arson
The malicious and willful burning of another's house
26
Curtilage
The land immediately surrounding and associated with the home, including such structures as a barn, outhouse, or milk house
27
Willfulness
The voluntary, intentional nature of a crime; required as a separate element of arson
28
Modern arson
The malicious, willful burning of, or attempted burning of, one's own or another person's properly
29
Common law burglary
Breaking and entering, in the nighttime, of the mansion or dwelling house or curtilage of another, with the intent to commit a felony
30
Modern burglary
Entering, whether in the daytime or at night, of any building, structure, or vehicle, with the intent to commit any criminal offense
31
Inner door
A door inside a building that does not lead directly to the outside
32
Constructive entry
An entry effected by using an instrumentality, such as another person, an animal, or a physical object
33
Nighttime
At common law, the period between sunset and sunrise when there is not enough daylight to discern a man's face
34
Sleep test
Whether the dwelling is used regularly as a place to sleep determines whether a dwelling is occupied
35
Breaking and entering
Unlawfully forced entry; similar to burglary, but without the specific intent to commit a theft or felony inside the structure.
36
Simple burglary
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.
37
Aggravated burglary
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
38
Burglar's tools
Tools and instruments that are designed, adapted, or commonly used to commit burglaries
39
Motor vehicle
A vehicle proceeding on land by means of its own power plant and free rails, tracks or overhead wires.
40
Joyriding
The illegal driving of someone else's automobile without permission, but with no intent to deprive the owner of it permanently
41
Theft
A broad category of misconducted against property that includes the crimes of larceny, embezzlement, theft by false pretense, shoplifting, robbery, and receiving stolen goods
42
Grand theft
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.
43
Petit or petty theft
The misdemeanor taking of property under a set monetary amount. Less serious than grand theft
44
Thief
THe original unlawful taker of the property of another person.
45
Larceny
The taking and carrying away of the property of another, without consent, with the purpose of stealing or permanently depriving the owner of possession
46
Larceny from a person
Statutory offense of taking property from the person of another; the penalty is usually greater than that for simple larceny
47
Shoplifting
A crime defined by a specific theft stature to address thefts of merchandise, concealment of merchandise, altering of price tags, and retail theft.
48
Abandoned property
Property over which a person voluntarily gives us permanent possession or ownership
49
Embezzlement
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.
50
Misappropriation
The wrongful misuse or taking of another's property that he has been entrusted to the accused
51
False pretense
a crime in which title or ownership of the property is passes to the defendant in reliance on the defendant's misrepresentation
52
receiving
Acquiring possession, control, or title, or lending on the security of, property that has been stolen
53
Constructive possession
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
54
Extortion
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
55
Under color of authority or office
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
56
Blackmail
A threat by a private citizen seeking hush money, or payment, to remain silent about a crime or a shameful act.
57
Bribery
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
58
Forgery
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
59
Uttering
Presenting a forged writing and attempting to use it to deceive or cheat.
60
Fraudulent making
Creating a document that is not authentic.
61
Public order and safety offenses
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
62
Mala prohibita
Crimes defining conduct that is wrong only because the law says it is wrong in order to protect the general public
63
Mala in se
Crimes such as rape and murder that are inherently wrong
64
Unlawful assembly
A gathering together of three or more persons with the common intent to achieve a lawful or unlawful purpose in a tumultuous manner
65
rout
An unlawful assembly that is escalating toward, but does not reach, the level of a iron; an attempted riot
66
Riot
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
67
Disorderly conduct
A loosely defined offense addressing behavior that disturbs the safety, health, or orals of others, or tha tis intended only to annoy another person
68
Vagrancy
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
69
Nuisance
Anything that endangers life or health gives offense to the senses, violates laws of decency, or obstructs the reasonable and comfortable use of property
70
Abatement
Ending or eliminating or nuisance
71
Reckless
Driving with voluntary and wanton disregard for the safety of persons or property
72
Driving under the influence (DUI)
Operating a motor vehicle while under the influence of a substance or with a blood or breath alcohol concentration above a prohibited level.
73
DUI manslaughter
Causing the death of human being by reason of operation of a motor vehicle while under the influence of alcohol or drugs.
74
Firearm
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.
75
Assault weapon
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.
76
Obsenity
Sexually explicit material that falls outside the protection of the first amendment and therefore may be punished under a criminal stature.
77
Indecent exposure
An offensive display of one's body in public especially the genitals or the female breasts
78
xhibitionism
Repeated intentional acts of exposing the genitals to an unsuspecting stranger or strangers for the purpose of achieving sexual excitement.
79
Prostitution
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.
80
Mann Act
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
81
soliciataion
The act of offering to pay another, or receive payment from another, for sex
82
Pimping
Promoting prostitution, living off the earning of prostitutes, and in some cases coercing individuals to work as prostitutes.
83
Pandering
Either procuring a prostitute for a place of prostitution or procuring a place for a prostitute to engage in prostitution.
84
Adultery
Sexual relations with someone other than a spouse when the person is married
85
fornication
Voluntary, unlawful sexual intercourse under circumstances not constituting adultery
86
Sodomy
The unlawful sexual penetration of the anus of one person by the penis of another
87
gambling
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.
88
Controlled substance
Any substance that is strictly regulated or outlawed because of its potential for abuse or addiction
89
psychoactive drug
A drug that has the ability to alter mood, anxiety, behavior, cognitive processes, or mental tension
90
Medical cannabis
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
91
actual possession
When the controlled substance is on the defendant's person or in a container hat the defendant is carrying
92
Constructive possesion
When illegal drugs are in a place immediately accessible to the accused and subject to his or her domination and control.
93
Possession with intent ot deliver
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
94
Delivery of a controlled substance
The transfer of a controlled substance from one person to another.
95
Delivery of a controlled substance
The transfer of a controlled substance from one person to another.
96
Simulated controlled substance
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.
97
Drug conspiracy
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
98
Drug loitering
An action done in public that manifests the intent to engage in illegal drug activity
99
Drug transportation
Transportation a controlled substance in a vehicle; a crime in every state
100
Drug paraphernalia
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
101
Dram shop acts
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.
102
Drunk driving,
THe offense of driving while drunk, known as DWI, DUI, DWAI, or DUBAL.
103
Obstruction of justice
The act by which one or more persons attempt to actually prevent the executio of alawful process
104
Quasi-bribery
An extension of the crime of bribery to include people other than public officials whose functions are considered important to the public
105
Commercial bribery
The giving, receiving, or soliciting of anything of value to influence an employee or professional in the performance of his or her duties
106
Perjury
Making false statements under oath or affirmation
107
false swearing
The giving of a false oath during a proceeding or matter in which an oath is required by law
108
Subornation of perjury
The crime of procuring another person to make a false oath
109
Witness tampering
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
110
Suppressing evidence
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.
111
Resisting arrest
physical efforts to oppose a lawful arrest
112
Compounding a felony
An offense that occurs when someone refuses to report or prosecute a felony in exchange for a benefit or reward of some value.
113
Misprision of a felony
The act of failing to report or prosecute a known felony and taking positive steps to conceal the crime
114
Escape
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
115
Contempt of court
ANy affirmative act or omission that obstructs justice or attempts to negate the dignity and authority of the court
116
Direct contempt
A criminal form of contempt of court that occurs in the presence of the court when a person resists the court's authority.
117
Constructive contempt
Contempt of courts that results from matters outside the court, such as failure to comply with court orders.
118
Criminal contempt
An act of disrespect toward the court or its procedures, other than direct contempt, that obstructs the administration of justice.
119
Robinson v. California
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.
120
Schmerber v. California
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.
121
McDonnel v. United States
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.
122
People v. Sharpe
Rule: Convicted of perjury. claimed before grand jury that officers solicited and accepted bribes.
123
People v. Volition
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
124
Controlled Substance Act 1970
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.
125
Marijuana Tax Act of 1937
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
126
Harrison Narcotics Act of 1914
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
127
Boggs Act
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
128
Volstead Act
made it illegal to “manufacture, sell, barter, transport, import, export, deliver, furnish, or possess” such beverages. (alcohol)
129
Arson 1st Class A-1
1) intentional damages a building or motor vehicle by explosion or fire caused by incendiary device , another person is in the building.
130
Arson 2nd degree Class B Fel
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.
131
Arson 3rd Class C Fel
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.
132
Assault 1st Class B fellony
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.
133
Assault 2nd Class D Felony
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
134
Assault 3rd Class A Misdemeanor
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.,
135
Burglary 1st Class B felony
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.
136
Burglary 2nd Class C felony
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.
137
Burglary 3rd Class D felony
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.
138
Criminal Mischief 1st Class B felony
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.
139
Criminal Mischief 2nd Class D felony
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.
140
Criminal Mischief 3rd class E felony
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.
141
Criminal Mischief 4th Class A misdemeanor
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.
142
Criminal possession of Stolen Property 1st Class B felony
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
143
Criminal possession of Stolen Property 2nd class C felony
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.
144
Criminal possession of stolen property 3rd degree class D fel
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.
145
Criminal possession of stolen property 4th Class E fel
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.
146
Criminal possession of stolen property 5th Class A misdemeanor
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.
147
Grand larceny 1st Class B felony
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.
148
Grand larceny 2nd Class C felony
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.
149
Grand larceny 3rd class D felony
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.
150
Grand larceny 4th Class E felony
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.
151
Petit larceny class A misdemeanor
A person is guilty of petit larceny when he steals property
152
Reckless Endangerment 1st Class D felony
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.
153
Reckless Endangerment 2nd Class A misdemeanor
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.
154
Riot 1st class E felony
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.
155
Riot 2nd class A misdemeanor
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.
156
Trespass 1st Class D felony
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.
157
Trespass 2nd class A misdemeanor
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.
158
Criminal trespass 3rd class B misdemeanor
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.
159
Obscenity
sexually explicit material that falls outside the protection of the First Amendment and therefore may be punished under a criminal statute.
160
White collar crime
A broad category of nonviolent misconduct involving commercial and financial fraud
161
Schedule 1 drugs
1) Heroin
2)LSD
3) mescaline
4) peyote
5) Quaaludes
6) psilocybin
7) marijuana
8) hashish
9) some hallucinogens
162
Schedule 2 drugs
1) Opium
2) morhpine
3) codeine
4) cocaine
5) phencyclidine
6) Ritalin
7) Preludin (phenmetrazine)
8) some barbituates
163
Schedule 3 drugs
1) anabolic steroids
2) cold medicines
3) pain relievers containting codeine
164
Schedule 4 drugs
1) depressants
2) minor tranquillizers
a) Valium
b) Librium
c) Equanil
3) some stimulants
165
Schedule 5 drugs
1) Cough medicines containing opium morphine or codeine
2) antidiarrheals containing opium morphine or codeine
166
Examples of white collar crimes
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.
