Other Crimes

Question 1

Theft

Answer 1

• Taking something that does not belong to you.
• Can include contraband
• No permission in PA to take items to settle an unrelated debt
• Theft crimes are crimes of intentional conduct
• Includes CL crimes of larceny, embezzlement, false pretense, blackmail, recieving stolen property, etc.

Question 2

5 Ways to establish Theft

Answer 2

(1) By unlawful taking
(2) By deception
(3) By extortion
(4) By receipt of stolen property
(5) Retail theft

Question 3

Theft by Unlawful Taking

Answer 3

(1) Taking or exercising unlawful control over property
(2) With the intent to deprive the lawful owner

*Applies to moveable and immoveable

Question 4

Theft by Deception

Answer 4

Taking property from another by:

(1) Creating a false impression as to law, value, or intention; OR
(2) Preventing another from learnign about something that could effect his judgment of a transaction; OR
(3) Failing to correct a false impression

*Example: You get permission to barrow a friend’s car, but you actually intend to sell it

Question 5

Theft by Extortion

Answer 5

Intentionally obtaining or witholding property of another by threat to commit a crime, accuse someone of a crime, expose a secret, threaten to take or not take action as a public official, testifying or not testifying, etc.

*Example: If you pay me $1000 I wont testify against you

Question 6

Theft by Receipt of Stolen Property

Answer 6

Intentionally recieving, retaining, disposing of moveable property of another (1) knowing that it is stolen, or (2) believing that it is stolen

Question 7

Retail Theft

Answer 7

Taking items from a store, altering price tags to reduce price, moving items from one container or another

Question 8

Grading of Theft Offenses

Answer 8

Default: Theft is a misdemeanor

If theft is of a car, boat, or over $2,000: felony

Theft involving a firearm: second degree felony

Involves a firearm and person is in business of stolen goods: first degree

Question 9

Forgery

Answer 9

With the intent to defraud or knowledge that htey are defrauding:

(1) Altering of any writing of another without authority; or
(2) Making any writing that purports to be work of another without authorization; or
(3) Uttering (passing) a writing that a defendant knows is forged

Question 10

Fraud Offenses

Answer 10

Includes bad checks, tampering with records, identity theft, etc.

Question 11

Robbery

Answer 11

(1) In the course of committing a theft or flights from a theft
(2) Inflicts bodily injury, threatens bodily injury, or commits any first for second degree felony.

OR

(1) Taking property from another person by force, however slight. Though probably not if so slight that they were entirely unaware.

Question 12

Burglary

Answer 12

(1) Entering a building or occupied structure
(2) With the intent to commit a crime inside
(3) Unless the premises were open to the public or abandoned

*Need not be a residence or occur at night

*Crime inside need no be theft

Question 13

Burglary Grading

Answer 13

First degree unless no one was present and place not designed for overnight accomodation, then is second degree

Question 14

Criminal Trespass

Answer 14

(1) Person, without license, enters or remains in building or occupied structure

Defense: if it was abandoned or open to the public and defendant complied with conditions of entry

Question 15

Simple Assault

Answer 15

(1) Attemping to cause bodily injury;
(2) Intentionally, knowingly, or recklessly causing bodily injury;
(3) Negligently causing bodily injury with a deadly weapon; pr
(4) Attemping to put another in fear of serious bodily injury by physical menace

*Grading: M

Question 16

Aggravated Assault

Answer 16

(1) Attempting to cause serious bodily injury
(2) Intentinoally, knowingly, or recklessly, under conditions manifesting extreme indifference to the value of human life, causing serious bodily injury
(3) Intentionally or knowingly causing or attemping bodily injury with a deadly weapon
(4) Bodily injury to a public official or school employee

Serious Bodily Injury: act that causes a substantial risk of death, serious disfigurement, or protracted loss of a body part

Question 17

Reckless Endangerment of Another Person

Answer 17

Recklessly placing another in danger of death or SBI

Question 18

Terroristic Threats

Answer 18

Communicating a threat of violence witht he intent to terrorize another (or reckless disregard for the risk); to cause evacuation; or cause terror or serious public inconvenience with reckless disregard for the risk

Question 19

Rape

Answer 19

Engaging in sexual intercourse:

(1) With forcible compulsion or threat of forcible compulsion that a reasonable person would not resist;
(2) With an unconscious person;
(3) With a person the actor knows is unaware;
(4) When the actor has impaired the other person’s self-control (drugs/alcohol);
(5) With a person with a mental disability who is unable to consent;
(6) With a person under the age of 13

Question 20

Statutory Rape

Answer 20

Consensual sex with a person under 16 who is not actor’s spouse and offender is between 4 and 11 years older than the victim–second degree felony

11 more more years older–first degree felony

Question 21

Sexual Assault

Answer 21

Sex without consent that does not meet one of the rape requirements with respect to circumstances

Question 22

IDSI

Answer 22

Involuntary deviate sexual intercourse: rape based on anal or oral sex

Question 23

Kidnapping

Answer 23

(1) Unlawful removal of another person a substantial distance under the circumstances from where they were found; or
(2) Unlawful confinement in a place of isolation for a substantial period of time with the intention to: (i) terrorize or injure the victim; (ii) hold the victim for ransom; (iii) Facilitate commission of a crime

Question 24

False Imprisonment

Answer 24

knowingly and unlawfully restraining a person to interfere with liberty

Question 25

Indecent Assault

Answer 25

Indecent contact with a victim, or causes victim to have contact with him or his bodily fluids,

commits indecent assault when this is done while engaging in oral or sexual intercourse by force/ threat of force, or with victim unable to consent

Question 26

Indecent Exposure

Answer 26

Genital exposure in a public place, likely to cause alarm of offense, for purpose of satisying sexual arousal or desire

Question 27

Harassment

Answer 27

engaging in enumerated behaviors (including following another or communicating repeatedly at inconvenient hours) with intent to harass, annoy, or alarm

Question 28

Stalking

Answer 28

engaging in conduct toward another with intent to put the person in reasonable fear of injury or to cause substantial emotional distress

Question 29

Invasion or privacy

Answer 29

knowingly seeing, photographing, or filming another in full or partial nudity in a place where he would reasonably expect privacy, without his knowlege or consent

Question 30

Institutional Vandalism

Answer 30

Vandalising a place for religions worship, place of burial, school or gov building, ground adjacent to these buildings, property therein

Question 31

Criminal Trespass

Answer 31

Entering or remaining in or on abother’s property without license or privilege

Question 32

Endangering the Welfare of a Child

Answer 32

Parent or guardian knowingly endangering welfare of child by violating duty of care, protection, or support; or acting in an official capacity and preventing/ interfering with the making of a report of child abuse

Question 33

Disorderly Conduct

Answer 33

With the intent to cause public inconvenience, annoyance, or alarm

(1) fighting or threatening
(2) making unreasonable noise or obscene grstures
(3) using obscene language
(4) creating hazardous or physically offensive condition that