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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
ARSON OF AN OCCUPIED JAIL OR PRISON FACILITY IS A MISDEMEANOR OR FELONY AND WHAT CLASS?
CLASS 4 FELONY
26
ARS 13-1706
BURNING OF WILDLANDS
27
CHAPTER 18
THEFT
28
DEFINITION OF CONTROL (EXERCISE CONTROL)?
TO ACT SO AS TO EXCLUDE OTHERS FROM USING PROPERTY EXCEPT ON THE DEFENDANT'S OWN TERMS
29
DEFINITION OF DEPRIVE?
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
13-1802
THEFT
31
CULPABLE MENTAL STATE FOR THEFT?
KNOWINGLY
32
13-1802A1
REGULAR THEFT - CONTROLS THE PROPERTY OF ANOTHER WITH THE INTENT TO DEPRIVE HIM/HER OF SUCH PROPERTY
33
13-1802A2
EMBEZZLEMENT LENDING SOMETHING AND THEY KEEPING IT LONGER THAN YOU ARE SUPPOSED TO RENTING A MOVIE
34
13-1802A4
- - 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
13-1802A5
YOU KNOW IT IS STOLEN AND YOU STILL CONTROL IT | POSSESSION OF STOLEN PROPERTY KNOWINGLY
36
13-1802A6
- - DINE AND DASH - - STAYING AND WATCHING ANOTHER MOVIE WITHOUT PAYING - - TAPPING INTO YOUR NEIGHBORS ELECTRIC LINE
37
WHAT MAKES THEFT A MISDEMEANOR OR A FELONY?
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
13-1803 (A1 &A2)
UNLAWFUL USE OF MEANS OF TRANSPORTATION, AKA, JOYRIDING A1 = DRIVER OF JOYRIDE A2 = PASSENGER THAT KNOWS OR HAS REASON TO KNOW
39
WHAT DOES THE DRIVER AND PASSENGER GET CHARGED WITH IN JOYRIDING (1803), MISDEMEANOR OR FELONY?
FELONIES DRIVER = CLASS 5 FELONY PASSENGER = CLASS 6 FELONY
40
13-1804
THEFT BY EXTORTION; AKA BLACKMAIL | THREAT TO DO IN THE FUTURE
41
THEFT BY EXTORTION IS A MISDEMEANOR OR FELONY?
ALWAYS A FELONY
42
WHAT SEPARATES THEFT BY EXTORTION FROM ROBBERY?
"IN THE FUTURE" | ROBBERY REQUIRES AN IMMEDIATE THREAT WHILE THEFT BY EXTORTION CARRIES A FUTURE THREAT
43
13-1804A6, DOES A SECRET OR ASSERTED FACT NEED TO BE TRUE?
WHETHER TRUE OR FALSE ITS STILL THEFT BY EXTORTION
44
13-1805
``` 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
WHAT MAKES SHOPLIFTING A MISDEMEANOR OR A FELONY?
``` 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
WHAT IS NEEDED FOR LOSS PREVENTION OR MERCHANT TO DETAIN A PERON SUSPECTED OF SHOPLIFTING?
REASONABLE CAUSE IN A REASONABLE MANNER FOR A REASONABLE TIME
47
13-1806
UNLAWFUL FAILURE TO RETURN RENTED OR LEASED PROPERTY
48
TIMEFRAME THAT RENTED OR LEASED PROPERTY NEEDS TO BE RETURNED?
72 HOURS AFTER THE TIME PROVIDED FOR RETURN IN THE RENTAL AGREEMENT
49
WHAT MAKES A RENTED OR LEASED PROPERTY A FELONY OR MISDEMEANOR?
``` FELONY = MOTOR VEHICLE MISDEMEANOR = ALL OTHER CASES ```
50
13-1807
ISSUING A BAD CHECK
51
IS ISSUING A BAD CHECK A FELONY OR MISDEMEANOR?
ISSUING A BAD CHECK IS A MISDEMEANOR | UNLESS IN AN AMOUNT OF $5,000 OR MORE, THEN ITS A FELONY
52
WHAT ARE THE DEFENSES OF ISSUING A BAD CHECK FOR PROSECUTION?
- - THEY KNEW I (YOU KNEW THEY) DIDN'T HAVE ANY MONEY - - POSTDATED CHECKS - - MISTAKE ON THE BANKS BEHALF
53
13-1814
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

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