LD 6 Property crimes

Question 1

Theft

Answer 1

(PC 484) Taking and carrying away of personal property w/o the consent of the owner with the INTENT to permanently deprive the owner

• intent must exist at the time of taking, not later
• Misd.

Question 2

Real Property

Answer 2

Land, immovable property growing from the land. Aka real estate

Question 3

Personal Property

Answer 3

any movable property owned by an individual other than real estate

Question 4

Classifying crimes related to theft ?

Answer 4

• Burglar and BFMV are always felonies
• Felony: Anything valued more the $950
• Misdemeanor: anything valued less than $950
  unless: 290 suspect or has prior convictions (super strike)

Question 5

Vehicle Theft

Answer 5

(10851) Driving or taking of a vehicle of another person w/o the consent of the owner with intent to either PERMANENTLY OR TEMPORARILY deprive the owner of title or possession of vehicle (joyrides etc)

Question 6

Grand Theft Auto

Answer 6

Taking a vehicle with intent to PERMANENTLY deprive the owner (selling car or chop shops)

Question 7

Defrauding and inn keeper

Answer 7

Obtaining food, services, or accommodations at a designated facility w/o paying w INTENT to deprive the owner (dine and dash)

Question 8

Burglary

Answer 8

(PC 459) Entry into a building with INTENT to commit theft or any felony

• is always a felony
• Entry into a building does not have to be forced
• Burglary has been committed whether anything happened or not

Question 9

BFMV

Answer 9

Entering into a locked vehicle is burglary which is a felony

Question 10

Shoplifting

Answer 10

PC 459.5
Entry to a commercial establishment with INTENT to commit larceny during regular hours
-can only occur during business hours other than that is a Burglary
Misd.

Question 11

Possession or receiving property with altered serial #s or Id marks

Answer 11

PC 537 (e) 
Any person who knowingly buys, sells, receives, disposes of, conceals, or has in possession any personal property from which the serial #s or any ID mark has been removed

Question 12

Receiving Stolen Property

Answer 12

PC 496 (a)
A person who is receiving, buying, selling, concealing, or withholding any property knowing that is has been stolen or obtained by extortion
*If the person in possession of the stolen property is the thief, the correct charge is theft

Question 13

PC 12094

Answer 13

Altering ID marks on a Firearm

Question 14

Arson

Answer 14

PC 451 Felony

willfully and maliciously sets fire or burns any structure, forestland, or property

Question 15

Unlawfully causing a fire

Answer 15

PC 452 (d) misdemeanor recklessly setting fire to burning or causing to be burned any structure, forestland, or property

Question 16

Unauthorized entry into a dwelling

Answer 16

PC 602.5 (misdemeanor)
any person who enters or remains in a noncommercial dwelling house, apt. or such place w/o consent of the owner, owners agent, or person in lawful possession

Question 17

Entering and Occupying real property

Answer 17

PC 602 (misdemeanor)
any person who enters and occupies real property w/o consent of the owner, owners agent, or the person in lawful possession REFUSING to leave upon request
-has to be over time (occupy)

Question 18

Entering Land

Answer 18

PC 602 (k) misdemeanor 
any person who enters land with or w/o a fence, w/o permission, for the purpose of injuring any property or with the intention of interfering, obstructing, or injuring any business or occupation

Question 19

Vandalism

Answer 19

PC 594
malicious intent to damage, deface, or destroy any real property or personal property
-if there is no damage there is no vandalism

Misd.

Question 20

Repo

Answer 20

• Occurs when the seller, a full time employee of the seller, a licensed repo, recovers or takes back with complete control goods that were sold under a conditional sales contract
• repossessor can enter property at anytime as long as it is open to the public