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PA Criminal Law and Procedure > Other Crimes > Flashcards

Other Crimes Flashcards

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1
Q

What are the various classifications of theft in Pennsylvania?

A
  1. Theft by unlawful taking or disposition (larceny)
  2. Theft by deception (false pretenses)
  3. Theft by extortion
  4. Theft of property lost, mislaid, or delivered by mistake
  5. Receipt of stolen property
  6. Theft of services
  7. Theft by failure to make required disposition of funds received
  8. Retail theft
  9. Unauthorized use of automobiles and other vehicles
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2
Q

What is “property of another” for the purpose of theft offenses?

A

Any property in which another person has an interest that the defedant has no right to infringe upon, even if the defendant also has an interest in the property, or the victim would be precluded from civil recovery because the property was used in an unlawful transaction or was contraband.

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3
Q

What are the elements of theft by unlawful taking or disposition?

A
  1. Unlawfully taking or exercising control over
  2. another’s movable property
  3. with the intent to deprive the lawful owner.

OR

  1. Unlawfully transferring or exercising control over
  2. another’s immovable property
  3. with the intent to benefit oneself or another.
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4
Q

What are the elements of theft by deception?

A
  1. Obtaining or withholding the property of another
  2. by deception
    1. intentionally creating or reinforcing a false impression;
    2. intentionally preventing another from acquiring information that would affect his judgment of a transaction; OR
    3. failing to correct a false impression that the defendant previously created or reinforced.
  3. that the victim actually relied on.

Deception does NOT include falsity as to matters having no economic significance or puffery. It cannot be based solely on the failure to perform a promise.

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5
Q

What are the elements of theft by extortion?

A

Intentionally obtaining or withholding property by threatening to:

  • commit another criminal offense;
  • accuse another of a criminal offense;
  • expose a secret tending to subject another “to hatred, contempt, or ridicule”;
  • take or withhold action as an official or cause the like;
  • act on behalf of a group and bring about or continue to strike or boycott if the property is not received for the benefit of the group;
  • provide or withhold information or testimony based on a legal claim or defense of another; or
  • inflict any other harm.

An defense exists for the second, third, and fourth items if the defendant honestly claims restitution or indemnification for prior harm and threatens to file a lawsuit or pursue prosecution.

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6
Q

What are the elements of theft of property lost, mislaid, or delivered by mistake?

A

That the defendant

  1. comes into control of property of another;
  2. knows the property to be lost, mislaid, or delivered by mistake;
  3. intends to deprive the owner; and
  4. fails to take reasonable measure sto restore the property to the owner.
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7
Q

What are the elements of receiving stolen property?

A

The defendant

  1. intentionally receives, retains, or disposes of
  2. movable property of another that
  3. the defendant knows or believes to have been stolen,
  4. UNLESS the defendant intentds to restore the property to the owner.
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8
Q

What are the elements of theft of services?

A

The defendant

  1. intentionally obtains services
  2. by deception or threat, tampering with a public utility meter, or establishing an unauthorized connection to a utility to avoid payment for the service.

N.B.: This is a summary offense if the value of the services obtained is less than $50; otherwise it’s classified the same as other thefts.

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9
Q

What are the elements of theft by failure to make required disposition of funds received?

A

The defendant

  1. obtains property for disposition to another by agreement or obligation,
  2. treats it as their own, and
  3. fails to make the required payment or disposition.
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10
Q

What are the elements of retail theft?

A
  • Taking possession of, carrying awa, transferring, or causing the like of any merchandise of a retail merchant with the intent of depriving the merchant of the possession, use, or benefit of the merchandise without paying the full retail value of the items;
  • altering, transferring, or removing any tag or label with the intent to deprive the merchant of the full retail value of such merchandise;
  • transferring any retail merchandise from its container to another container with the intent to deprive the merchant of its full retail value;
  • causing the cash register to reflect less than the full retail value of the merchandise for a sale with the intent to deprive the merchant of the full retail value of the merchandise; or
  • destroying, removing, or deactivating a mechanism employed to prevent retail theft from an item with the intent to deprive the merchant of its possession, use, or benefit without paying the full retail value thereof.
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11
Q

What are the elements of unauthorized use of an automobile?

A

Operating an automobile, airplane, motorcycle, or motorboat without the owner’s consent, UNLESS the defendant reasonably believed that the owner would have consented to the operation had the owner known of it.

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12
Q

What constitutes misdemeanor theft?

A

Anything not otherwise classified as a felony.

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13
Q

What constitutes third-degree felony theft?

A
  • The amount involved exceeds $2000;
  • the property stolen is an automobile, airplane, motorcycle, or motorboat; or
  • the theft is receiving stolen property and the receiver is in the business of buying and/or selling stolen property.
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14
Q

What constitutes second-degree felony theft?

A
  • The theft is committed during a disaster and constitutes theft by unlawful taking or disposition, RSP, UUA, or retail theft;
  • the stolen item is a firearm;
  • the offense is RSP and the item is a firearm; or
  • the propert stolen is any amount of anhydrous ammonia.
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15
Q

What constitutes first-degree felony theft?

A

Only when:

  1. the offense is RSP;
  2. the stolen item is a firearm, AND
  3. the receiver is in the business of buying or selling stolen property.
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16
Q

What are the elements of forgery?

A
  • Altering a writing of another without his permission;
  • taking some action involving a writing so that it purports to be the act of another but is unauthorized by that person;
  • taking some action involving a writing so that it purports to have been executed at an instance or in a numbered sequence other than it was;
  • taking some action involving a writing so that it purports to be a copy of an original when no original existed; OR
  • uttering any writing known to be forged.
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17
Q

What mens rea is required for forgery?

A

The defendant must act with either

  • the intent to defraud or injure someone OR
  • the knowledge that she is facilitating a fraud or injury.
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18
Q

What is a “writing” for the purposes of forgery?

A

Any method of recording information, money, coins, token,s stamps, seals, credit cards, badges, trademarks, electronic signatures, and other symbols of value, right, privilege, or identification.

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19
Q

What crimes are classified under fraudulent practices?

A
  1. Bad checks
  2. Access devise fraud
  3. Tampering with records or identification
  4. Fraudulent destruction, removal, or concealment of a recordable instrument
  5. Identity theft
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20
Q

What are the elements of bad checks?

A

Passing a check for payment with knowledge that it will not be honored.

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21
Q

Under what circumstances will it be presumed that the defendant know that the check would not be paid?

A
  • If payment was refused because the defendant had no such account when the check was issued OR
  • if payment was refused for insufficient funds, from the date of presentation to 30 days after the check was issued AND the issuer failed to make good within ten days after receiving oral or written notice from any person of such refusal.
    • A check stamped NSF, insufficient funds, account closed, or no such account or counterfeit will raise a presumption that payment was refused.
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22
Q

What are the elements of access device fraud?

A
  1. One uses an access device (debit or credit card)
  2. to obtain, or in an attempt to obtain,
  3. property or services.

OR

  1. One gives the device to another
  2. with knowledge
  3. that it
    1. is counterfeit or altered,
    2. was issued to another person and its use is unauthorized, OR
    3. is unauthorized for any other reason.
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23
Q

What are the elements of tampering with records or identification?

A

The defendant

  1. knowingly
  2. without privilege
  3. falsifies, destroys, removes, or conceals
  4. an identifying writing or mark
  5. with intent to deceive or injure anyone or to conceal any wrongdoing.

N.B.: This is a misdemeanor.

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24
Q

What are the elements of fraudulent destruction, removal, or concealment of a recordable instrument?

A

The defendant

  1. destroys, removes, or conceals
  2. a public record (a will, deed, mortgage)
  3. with the intent to deceive or injure.

N.B.: This is a felony.

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25
Q

What are the elements of identity theft?

A

A defendant

  1. possesses or uses
  2. identifying information
  3. of another person
  4. without consent
  5. to further any unlawful purpose.
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26
Q

What are the elements of robbery?

A

The defendant

  1. commits a theft AND
  2. in the course of doing so, either
    1. inflicts serious bodily injury;
    2. threatens to or intentionally puts another in fear of immediate serious bodily injury;
    3. commits or threatens to immediately commit a first- or second-degree felony;
    4. inflicts bodily injury, threatens another with bodily injury, or intentionally puts another in fear of immediate bodily injury;
    5. physically takes property from another by actual or constructive force, however slight; OR
    6. takes or removes the money of a financial institution without permission by making a demand of an employee of the institution.
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27
Q

What is constructive force?

A

Using threatening words or gestures sufficient to separate the victim from their property.

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28
Q

What does “in the course of” mean?

A
  1. While attempting to commit a theft;
  2. while actually committing a theft;
  3. while fleeing from an attempted or completed theft.
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29
Q

How does the presence of a handgun affect a theft?

A

The appearance of a handgun will automatically make the theft a robbery (at least) because it is calculated to inflict fear of deadly injury.

30
Q

What are the elements of robbery of a motor vehicle?

A

The defendant

  1. takes a motor vehicle
  2. in the presence of the owner or another who is in lawful possession of the vehicle.
31
Q

What are the elements for burglary?

A

The defendant

  1. enters
  2. a building or occupied structure (or separately secured or occupied portion thereof)
  3. with the intent to commit a crime inside.

N.B.: Does not require breaking. Does not require nighttime.

32
Q

What is an occupied structure?

A

What it sounds like, as well as separately secured or occupied portions thereof, regardless of whether those portions are adapted for overnight accommodations or are actually occupied at the time of the offense. Also vehicles and places of business.

33
Q

What degree of crime is burglary?

A

First-degree felony, unless the area is unoccupied and not adapted for overnight accommodation, in which case it is a second-degree felony.

34
Q

How does the doctrine of merger affect a burglary conviction?

A

A person cannot be sentenced for both burglary and the crime they intended to commit after entry into the building (including attempt of that crime), UNLESS that additional offense is a first- or second-degree felony.

35
Q

What defenses are there for burglary?

A
  • That the building or structure was abandoned
  • That the premises were open to the public
  • That the actor is licensed or privileged to enter
36
Q

What are the types of arson?

A
  1. Arson endangering persons
  2. Arson endangering property
37
Q

What are the elements for arson endangering persons?

A

The defendant

  1. intentionally
  2. starts a fire or causes an explosion

OR

  1. aids or agrees to pay another to do so AND
  2. another person (including a firefighter!) is recklessly placed in danger of death or bodily injury; OR
  3. the act is committed with the purpose of destroying or damaging an occupied structure or inhabited building of another.
38
Q

When will arson endangering persons be upgraded to aggravated arson?

A

When the defendant

  1. attempts to cause OR intentionally, knowingly, or recklessly causes
  2. bodily injury
  3. to another person

OR

  1. commits an arson offense
  2. when another person is within the building at the time of the offense
39
Q

How is arson classified?

A

All forms are felonies.

40
Q

What are the elements of arson endangering property?

A

The defendant

  1. Intentionally starts a fire or causes an explosion OR aids or agrees to pay another to do so AND
  2. has the intent of damaging or destroying an unoccupied structure of another; OR
  3. ’s doing so recklessly places an inhabited building in danger of damage or destruction; OR
  4. has the intent of damaging any property, whether their own or of another, to collect insurance.
41
Q

What types of assault exist in Pennsylvania?

A

Simple and aggravated.

N.B.: Battery is not a crime in Pennsylvania, though simple assault is effectively common-law battery.

42
Q

What are the elements of simple assault?

A

The defendant either

  • attempts to cause or intentionally, knowingly, or recklessly causes bodily injury to another;
  • negligently causes bodily injury to another with a deadly weapon;
  • attempts by physical menace to put another in fear of imminent serious bodily injury; OR
  • conceals or attempts to conceal a hypodermic needle on the defendant’s person and intentionally or knowingly penetrates a law enforcement official with the needle during an arrest or search.
43
Q

What types of aggravated assault are there?

A
  1. Felony of the first degree
    1. causing or attempting to cause
    2. serious bodily injury to another
    3. under circumstances that show extreme indifference to human life.
    4. N.B.: If the act causes serious bodily injury, it must have been done knowingly, intentionally, or recklessly.
  2. Felony of the second degree
    • intentionally or knowingly causing or attempting to cause bodily injury with a deadly weapon
    • simple assault or attempted assault on a public official who is performing their duties
    • intentionally or knowingly causing or attempting to cause bodily injury to an employee of any school due to and while acting in the schope of their employment
    • use of tear or noxious gas or a stun gun against a public official.
  3. Felony of the third degree (aggravated assault by vehicle)
    1. recklessly or with gross negligence
    2. causing serious bodily injury to another
    3. while operating a vehicle
    4. in violation of the traffic laws
44
Q

What is serious bodily injury?

A

An impairment of physical condition or substantial pain that

  • creates a substantial risk of death OR
  • causes serious permanent disfigurement OR
  • causes impairment of any body part
45
Q

What is a deadly weapon?

A

A device which, in the manner in which it is used, is likely to produce death or serious bodily injury.

46
Q

What are the elements of mayhem?

A

Not a crime in PA!

47
Q

What are the elements of kidnapping?

A

Either

  1. unlawfully removing another a substantial distance (a subjective concept)

OR

  1. unlawfully confining another for a substantial period in a place of isolation (which could be one’s own home)
  2. with any of the following intentions
    1. to hold the victim for ransom
    2. to terrorize or inflict bodily injury on the victim;
    3. to facilitate the commission of a felony or flight afterwards
    4. to interfere with a public officials performance of duties
48
Q

What is “unlawful” removal or confinement?

A

The removal or confinement that is accomplished by force, threat, or deception OR without the consent of the parent or guardian of a person who is younger than 14 or is incapacitated.

49
Q

What are the elements of false imprisonment?

A

Knowingly and unlawfully restraining a person in order to interfere with her liberty.

Misdemeanor unless the victim is under 18, in which case it’s a felony.

50
Q

What are the elements for reckless endangerment?

A

Conduct that may cause death or serious bodily injury (pointing a gun at somebody)

51
Q

What are the elements for terroristic threats?

A

A direct or indirect communication of a threat to do any of the following

  • commit a crime of violence with the intent to terrorize another or with reckless disregard for the risk of causing terror;
  • cause the evacuation of a place; OR
  • cause terror or serious public inconvenience with reckless disregard of the risk.

N.B.: No requirement that the victim actually be scared.

52
Q

What are the elements for terrorism?

A

Commission of a violent offense intending to intimidate or coerce the general population, or to influence or affect government policy or conduct.

53
Q

What are the elements for falsely reporting weapons of mass destruction?

A

The defendant must

  • report the existence of weapons of mass destruction without a factual basis;
  • threaten to use such weapons; OR
  • intentionally, knowingly, or recklessly possess or manufacture such weapons.
54
Q

What are the elements of rape?

A

Engaging in sexual intercourse with a person

  • by forcible compulsion;
  • by threat of forcible compulsion that a reasonable person would not resist;
  • who is unconscious, or under circumstances in which the actor knows that the other person is unaware that the sexual intercourse is occurring;
  • when the actor has substantially impaired the other person’s self-control by administering–without the other’s knowledge–drugs, intoxicants, or other means of preventing resistance; OR
  • who suffers from a mental disability that renders that person incapable of consent.
55
Q

What are the elements of stautory rape?

A

Statutory rape

  1. Sexual intercourse
  2. with a person under 13 years old.

Second-degree felony statutory sexual assault

  1. Sexual intercourse
  2. with a person under 16 years old
  3. who is not a spouse
  4. by a defendant who is between four and 11 years older than the victim

First-degree felony statutory sexual assault

  1. Same elements as second-degree, but the defendant is at least 11 years older than the victim.
56
Q

What are the elements of incest?

A

Marriage, sexual intercourse, or cohabitation with a whole-or half-blood relative.

57
Q

What are the elements of bigamy?

A

Contracting for marriage with another

  • while already married OR
  • while knowing that the other person is married
  • UNLESS
    • the person previously married believes their prior spouse is dead;
    • the person previously married has been living apart from their prior spouse for two consecutive years and the prior spouse is not known to be alive;
    • a court has terminated a marriage, but the judgment is invalid and the previously married person did not know of its invalidity.
58
Q

What are the elements for involuntary deviant sexual intercourse?

A
  1. Engaging in oral or anal sexual intercourse
  2. with a victim
  3. EITHER
    1. by force or threat of force;
    2. while the victim is incapable of consent due to mental impairment or unconsciousness; OR
    3. while the victim is unable to consent due to age.
59
Q

What are the elements of indecent assault?

A

Unclear how this is different from IDSI.

60
Q

What are the elements of indecent exposure?

A
  1. Exposure of the genitals
  2. in a public place
  3. likely to cause alarm or offense
  4. for the purpose of satisfying sexual arousal or desire.
61
Q

What are the elements of perjury?

A
  1. Knowingly
  2. making a false material statement
  3. under oath or affirmation
  4. in any official proceeding

OR

  1. Knowingly
  2. swearing or affirming
  3. in any official proceeding
  4. the truth of a material statement
  5. previously made.

UNLESS

The falsification is retracted in the course of the proceeding in which it was made before it became clear that the falsification was or would be exposed and before the falsification substantially affected the proceeding.

62
Q

How do you prove that a statement is false?

A
  • The testimony of at least two witnesses OR
  • inconsistent statements under oath by the defendant
63
Q

What are the elements of bribery in official or political matters?

A
  1. Offering or agreeing to accept
  2. from another
  3. a benefit for a legal duty
  4. as a public servant

N.B.: Not a defense that the defendant sought to bribe somebody who was not qualified to act in the desired way.

64
Q

What are the elements of harassment?

A

Engaging in any of the following behaviors with the intent to harass, annoy, or alarm a person:

  • engaging or attempting to engage in physical contact with another;
  • following another in a public location;
  • engaging in a course of conduct with no legitimate purpose;
  • communicating to or about someone lewdly or obscenely;
  • communicating repeatedly and anonymously; OR
  • communicating repeatedly at extremely inconvenient hours.
65
Q

What are the elements of stalking?

A
  1. Engaging in a course of conduct
  2. toward another
  3. under circumstances with the intent to
  4. put that person in reasonable fear of injury OR
  5. to cause substantial emotional distress.
66
Q

What are the elements for invasion of privacy?

A
  1. Knowingly
  2. seeing, photographing, or filming
  3. another person
  4. in full or partial nudity and
  5. in a place where the person would reasonably expect privacy
  6. without the persons knowledge or consent.
67
Q

What are the elements for institutional vandalism?

A
  1. Knowingly
  2. desecrating, vandalizing, defacing, or otherwise damaging EITHER
    1. a place for religious worship;
    2. a place of burial;
    3. a school or government building;
    4. the grounds adjacent to and owned or occupied by any of the above facilities; OR
    5. any personal property located in any such facility.

OR

  1. Carrying a marking device onto the property
  2. with intent to do any of the above.
68
Q

What forms of criminal trespass does Pennsylvania recognize?

A
  1. Trespass of buildings and occupied structures
    1. entering, breaking, or remaining
    2. in another’s
    3. occupied structure
    4. without intent to do so
    5. UNLESS that structure was abandoned.
  2. Defiant trespass
    1. entering or remaining
    2. in any place as to which notice of trespass is given
      1. can be given in person, by sign, or by fence
    3. without license or privilege to do so
  3. Simple trespass
    1. entering or remaining
    2. on another’s property
    3. without permission and
    4. with the intent to
      1. terrorize the owner or occupant,
      2. set fire to the property
      3. deface the property OR
      4. unlawfully take secondary metal from the premises.
  4. Agricultural trespass
    1. entering or remaining
    2. on agricultural or open land
    3. without permission and
    4. with notice that one is not privileged or licensed to do so
      1. notice can be given in person, by sign, or by fence.
69
Q

What are the elements of endangering the welfare of a child?

A
  1. knowingly
  2. endangering the welfare of her child (someone less than 18 years old)
  3. by violating a duty of care, protection or support.

OR

  1. acting in an official capacity and
  2. preventing or interfering with the making of a report of child abuse.
70
Q

What are the elements of disorderly conduct?

A

Doing any of the following with the intent to cause public inconvenience, annoyance, or alarm:

  • engaging in fighting or threatening;
  • making unreasonable noise or obscene gestures;
  • using obscene language; or
  • creating a hazardous or physically offensive condition that serves no legitimate purpose

OR

  1. Recklessly creating a risk of public inconvenience, annoyance, or alarm.

N.B.: “Fighting words” constitute disorderly conduct.

N.B.: Disorderly conduct is a summary offense UNLESS the defendant intends to cause substantial harm or serious inconvenience OR ignores a reasonable warning or request to stop, in which case it is a third-degree misdemeanor.

PA Criminal Law and Procedure (7 decks)

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