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ALEA > CRIMINAL LAW II > Flashcards

CRIMINAL LAW II Flashcards

1
Q

CHAPTER 16

A

CRIMINAL DAMAGE

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2
Q

DEFINITION OF DAMAGING/DAMAGE

A

ANY PHYSICAL OR VISUAL IMPAIRMENT OF ANY SURFACE

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3
Q

COMMITS CRIMINAL DAMAGE BY:

A

13-1602

  • -RECKLESSLY DEFACING OR DAMAGING PROPERTY OF ANOTHER PERSON
    • RECKLESSLY TAMPERING WITH PROPERTY OF ANOTHER PERSON SO AS TO SUBSTANTIALLY IMPAIR ITS FUNCTION OR VALUE: BORROWING TRACTOR AND MOWING GRAVEL
  • -RECKLESSLY DAMAGING PROPERTY OF A UTILITY
    • RECKLESSLY PARKING ANY VEHICL IN SUCH A MANNER AS TO DEPRIVE LIVESTOCK OF ACCESS TO WATER
    • RECKLESSLY DRAWING OR INSCRIBING A MESSAGE, SLOGAN, SIGN, STRUCTURE, OR SURFACE, EXCEPT THE GROUND, AND IS MADE WITHOUT PERMISSION OF THE OWNER
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4
Q

CRIMINAL DAMAGE IS A CLASS 1 MISDEMEANOR IF IT IS IN THE AMOUNT OF ?

A

MORE THAN $250 BUT LESS THAN $1000

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5
Q

CRIMINAL DAMAGE CLASS 6 FELONY

A

$1000 OR MORE BUT LESS THAN $2000

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6
Q

CRIMINAL DAMAGE CLASS 5 FELONY

A

$2000 OR MORE BUT LESS THAN $10,000

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7
Q

CRIMINAL DAMAGE CLASS 4 FELONY

A

person recklessly causes damage to another person’s property: excess of $10,000; or to a utility in excess of $5000 or INTENTIONALLY TAMPERS WITH utility PROPERTY AND THE DAMAGE CAUSES AN IMMINENT SAFETY HAZARD TO ANY PERSON

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8
Q

13-1603

A

CRIMINAL LITTERING OR POLLUTING

“THROWS, PLACES, DROPS, OR PERMITS TO BE DROPPED ON PUBLIC PROPERTY OR PROPERTY OF ANOTHER”

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9
Q

WHAT VIOLATION HAS NO CULPABLE MENTAL STATE (STRICT LIABILITY)

A

CRIMINAL LITTERING OR POLLUTING

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10
Q

13-1604

A

AGGRAVATED CRIMINAL DAMAGE

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11
Q

CULPABLE MENTAL STATE FOR AGGRAVATED CRIMINAL DAMGAGE

A

INTENTIONALLY OR RECKLESSLY WITHOUT THE EXPRESS PERMISSION OF THE OWNER

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12
Q

AGGRAVATED CRIMINAL DAMAGE IS:

A

DEFACING, DAMAGING ANY…..
- WORSHIP OR ANY PLACE FOR RELIGIOUS PURPOSES
- SCHOOL OR EDUCATIONAL BUILDING
CEMETATRY OR MORTUARY
UTILITY OR AGRICULTURAL INFRASTRUCTURE, CONSTRUCTION SITE, OR EXISTING STRUCTURE TO OBTAIN NONFERROUS METALS

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13
Q

AGGREGATION OF AMOUNTS OF DAMAGE?

A

BUNCHING SAME OFFENSES TOGETHER TO ADD TOTAL $ (COST) FOR ONE OFFENSE
– KID DAMAGES 30 CARS, ADD ALL $ AMOUNT TOGETHER TO CHARGE FOR 1 OFFENSE

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14
Q

What chapter is ARSON?

A

CHAPTER 17

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15
Q

WHAT IS THE ARS CODE FOR RECKLESS BURNING?

A

13-1702

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16
Q

DEFINITION OF RECKLESS BURNING?

A

RECKLESSLY CAUSING A FIRE OR EXPLOSION WHICH RESULTS IN DAMAGE TO AN OCCUPIED STRUCTURE, A STRUCTURE, PROPERTY, OR WILD LANDS

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17
Q

ARS CODE FOR ARSON OF A STRUCTURE OR PROPERTY?

A

13-1703

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18
Q

DEFINITION OF ARSON OF A STRUCTURE OR PROPERTY?

A

KNOWINGLY & UNLAWFULLY DAMAGING A STRUCTURE OR PROPERTY BY KNOWINGLY CAUSING A FIRE OR EXPLOSION

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19
Q

IS RECKLESS BURNING A FELONY OR MISDEMEANOR?

A

MISDEMEANOR

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20
Q

ARSON OF ANY STRUCTURE IS A __________?

A

FELONY

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21
Q

WHAT MAKES ARSON OF PROPERTY A FELONY OR A MISDEMEANOR?

A 
FELONY = PROPERTY WITH A VALUE OF MORE THAN $100 
MISDEMEANOR = PROPERTY WITH A VALUE OF $100 OR LESS
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22
Q

ARS 13-1704?

A

ARSON OF AN OCCUPIED STRUCTURE

23
Q

DEFINITION OF ARSON OF AN OCCUPIED STRUCTURE? AND MISDEMEANOR OR FELONY?

A

KNOWINGLY AND UNLAWFULLY DAMAGING AN OCCUPIED STRUCTURE (OR POSSIBLY OCCUPIED) BY KNOWINGLY CAUSING A FIRE OR EXPLOSION
FELONY

24
Q

ARS 13-1705

A

ARSON OF AN OCCUPIED JAIL OR PRISON FACILITY

25
Q

ARSON OF AN OCCUPIED JAIL OR PRISON FACILITY IS A MISDEMEANOR OR FELONY AND WHAT CLASS?

A

CLASS 4 FELONY

26
Q

ARS 13-1706

A

BURNING OF WILDLANDS

27
Q

CHAPTER 18

A

THEFT

28
Q

DEFINITION OF CONTROL (EXERCISE CONTROL)?

A

TO ACT SO AS TO EXCLUDE OTHERS FROM USING PROPERTY EXCEPT ON THE DEFENDANT’S OWN TERMS

29
Q

DEFINITION OF DEPRIVE?

A

Means to withhold the property interest of another either permanently or for so long a time period that a substantial portion of its economic value or useful¬ness or enjoyment is lost, or to withhold it with the intent to restore it only upon payment of reward or other compensation or to transfer or dispose of it so that it is unlikely to be recovered.

30
Q

13-1802

A

THEFT

31
Q

CULPABLE MENTAL STATE FOR THEFT?

A

KNOWINGLY

32
Q

13-1802A1

A

REGULAR THEFT - CONTROLS THE PROPERTY OF ANOTHER WITH THE INTENT TO DEPRIVE HIM/HER OF SUCH PROPERTY

33
Q

13-1802A2

A

EMBEZZLEMENT
LENDING SOMETHING AND THEY KEEPING IT LONGER THAN YOU ARE SUPPOSED TO
RENTING A MOVIE

34
Q

13-1802A4

A
    • NOT FINDERS KEEPER
    • FIND A WALLET AND DOESN’T RETURN IT
    • KEEPING MIS-DELIVERED MAIL
    • FAILURE TO NOTIFY THE RIGHTFUL OWNER OR APPROPRIATE LAW ENFORCEMENT
35
Q

13-1802A5

A

YOU KNOW IT IS STOLEN AND YOU STILL CONTROL IT

POSSESSION OF STOLEN PROPERTY KNOWINGLY

36
Q

13-1802A6

A
    • DINE AND DASH
    • STAYING AND WATCHING ANOTHER MOVIE WITHOUT PAYING
    • TAPPING INTO YOUR NEIGHBORS ELECTRIC LINE
37
Q

WHAT MAKES THEFT A MISDEMEANOR OR A FELONY?

A

FELONY:

    • THEFT OF A FIREARM
    • THEFT FROM THE PERSON OF ANOTHER
    • TAKING ANIMALS FOR PURPOSE OF ANIMAL FIGHTING
    • THEFTE OF PROPERTY OR SERVICE VALUED AT $1000 OR MORE

MISDEMEANOR
– PROPERTY OR SERVICE VALUED AT LESS THAN $1000

38
Q

13-1803 (A1 &A2)

A

UNLAWFUL USE OF MEANS OF TRANSPORTATION, AKA, JOYRIDING
A1 = DRIVER OF JOYRIDE
A2 = PASSENGER THAT KNOWS OR HAS REASON TO KNOW

39
Q

WHAT DOES THE DRIVER AND PASSENGER GET CHARGED WITH IN JOYRIDING (1803), MISDEMEANOR OR FELONY?

A

FELONIES
DRIVER = CLASS 5 FELONY
PASSENGER = CLASS 6 FELONY

40
Q

13-1804

A

THEFT BY EXTORTION; AKA BLACKMAIL

THREAT TO DO IN THE FUTURE

41
Q

THEFT BY EXTORTION IS A MISDEMEANOR OR FELONY?

A

ALWAYS A FELONY

42
Q

WHAT SEPARATES THEFT BY EXTORTION FROM ROBBERY?

A

“IN THE FUTURE”

ROBBERY REQUIRES AN IMMEDIATE THREAT WHILE THEFT BY EXTORTION CARRIES A FUTURE THREAT

43
Q

13-1804A6, DOES A SECRET OR ASSERTED FACT NEED TO BE TRUE?

A

WHETHER TRUE OR FALSE ITS STILL THEFT BY EXTORTION

44
Q

13-1805

A 
A1 = REMOVING ANY OF THE GOODS ON DISPLAY W/0 PAYING
A2 = CHARGING THE PURCHASE PRICE TO A FICTITIOUS PERSON; "PUT IT ON THEIR TAB"
A3 = SWITCHING, ALTERING, SUBSTITUTING A PRICE TAG
A4 = TRANSFERRING THE GOODS FROM 1 CONTAINER TO ANOTHER 
A5 = CONCEALMENT
45
Q

WHAT MAKES SHOPLIFTING A MISDEMEANOR OR A FELONY?

A 
FELONY
   -- $1000 OR MORE
   -- $SHOPLIFTING A FIREARM
   -- ASSIST OR FURTHER ANY CRIMINAL STREET GANG OR CRIMINAL SYNDICATE
MISDEMEANOR 
   -- LESS THAN $1000

VALUE OF THE ITEM THAT WAS TAKEN, NOT THE RESALE

46
Q

WHAT IS NEEDED FOR LOSS PREVENTION OR MERCHANT TO DETAIN A PERON SUSPECTED OF SHOPLIFTING?

A

REASONABLE CAUSE
IN A REASONABLE MANNER
FOR A REASONABLE TIME

47
Q

13-1806

A

UNLAWFUL FAILURE TO RETURN RENTED OR LEASED PROPERTY

48
Q

TIMEFRAME THAT RENTED OR LEASED PROPERTY NEEDS TO BE RETURNED?

A

72 HOURS AFTER THE TIME PROVIDED FOR RETURN IN THE RENTAL AGREEMENT

49
Q

WHAT MAKES A RENTED OR LEASED PROPERTY A FELONY OR MISDEMEANOR?

A 
FELONY = MOTOR VEHICLE
MISDEMEANOR = ALL OTHER CASES
50
Q

13-1807

A

ISSUING A BAD CHECK

51
Q

IS ISSUING A BAD CHECK A FELONY OR MISDEMEANOR?

A

ISSUING A BAD CHECK IS A MISDEMEANOR

UNLESS IN AN AMOUNT OF $5,000 OR MORE, THEN ITS A FELONY

52
Q

WHAT ARE THE DEFENSES OF ISSUING A BAD CHECK FOR PROSECUTION?

A
    • THEY KNEW I (YOU KNEW THEY) DIDN’T HAVE ANY MONEY
    • POSTDATED CHECKS
    • MISTAKE ON THE BANKS BEHALF
53
Q

13-1814

A

THEFT OF MEANS OF TRANSPORTATION
KNOWING IS THE CULPABLE MENTAL STATE
A1 – NOT GIVING IT BACK
A2 – RENTAL CARS/LENDING A CAR AND NOT GIVING IT BACK
A3 – MATERIAL MISREPRESENTATION = LIE/FAKE VALLET
A4 – BOW ON CAR IN THE DRIVEWAY
A5 – IF YOU KNOW IT STOLEN, YOU ARE COMPLICIT
(POSSESSION OF STOLEN PROPERTY BUT FOR CARS)
**NEVER USE

ALEA (7 decks)

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