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Penal Law > Penal Law > Flashcards

Penal Law Flashcards

1
Q

Roger, knowingly and unlawfully, enters a dwelling at night. After looking around briefly, he leaves. Based solely on these facts it would be most correct to state that he has committed

A: Burglary 1st Degree.
B: Burglary 2nd Degree.
C: Burglary 3rd Degree.
D: Criminal Trespass 2nd Degree.

A

D: No intent to commit a crime therein.

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2
Q

Roger, while committing a burglary of a dwelling at night, hears a car pull into the driveway of the residence he is burglarizing. He runs from the house and accidentally knocks down the returning home owner fracturing his skull. Of the following, it would be most correct to state that Roger has committed

A: Burglary 2nd Degree and Assault 2nd Degree.
B: Burglary 1st Degree only.
C: Burglary 2nd Degree only.
D: Burglary 1st Degree and Assault 1st Degree.

A

D: Burglary 1st Degree and Assault 1st Degree.

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3
Q

Which of the following is least correct according to the Penal Law?

A: Burglary of a dwelling in the day time is Burglary 2nd Degree.
B: Burglary of a building which is not a dwelling, in the day time, is Burglary 3rd Degree.
C: Burglary of a non-dwelling building, in the night time, is Burglary 3rd Degree.
D: Burglary of a dwelling, but without an aggravating factor present, is Burglary 3rd Degree.

A

D: Burglary of a dwelling, but without an aggravating factor present, is Burglary 3rd Degree.

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4
Q

Which of the following is not an aggravating factor in the crime of Burglary?

A: Being armed with an explosive or a deadly weapon
B: Causing physical injury to a non-participant
C: Using a dangerous instrument
D: Threatening the immediate use of a dangerous instrument
E: Being armed with a firearm

A

E: Display what appears to be firearm, etc., or being armed with a deadly weapon.

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5
Q

Which of the following is least correct re: the trespass offense in Article 140 of the Penal Law?

A: There are four degrees of Criminal Trespass.
B: Criminal Trespass may be a felony or a misdemeanor.
C: A dwelling is an element of Criminal Trespass 2nd Degree.
D: A “building” is an element of Criminal Trespass 1st Degree.
E: A “building” is not a necessary element for Criminal Trespass 3rd Degree.

A

A: “Trespass” is not a crime.
Re: E, certain real property could result in 3rd Degree.

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6
Q

The most basic difference between Criminal Trespass 3rd Degree and 1st Degree is:

A: In 1st Degree a “building” is a necessary element while in 3rd Degree a “building” is not an element.
B: In 1st Degree a “dwelling” is involved while in 3rd Degree only a “building” is involved.
C: The mental states concerned are different.
D: An aggravating factor dealing with possession of explosives or certain weapons is part of 1st Degree but not 3rd Degree.

A 
D: Code word F*R*E*D*S AMMO
F IREARM
R IFLE
E XPLOSIVE
D EADLY WEAPON
S HOTGUN
\+
AMMO
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7
Q

Consider the following statements.

  1. Criminal Trespass 3rd Degree is a Class B Misdemeanor.
  2. Criminal Trespass 2nd Degree is a Class A Misdemeanor.
  3. Criminal Trespass 1st Degree is a Class D Felony.

According to the Penal Law,

A: #1, #2 and #3 are correct.
B: #2 and #3 are correct but #1 is incorrect.
C: #1 and #2 are correct but #3 is incorrect.
D: #1 is correct but #2 and #3 are incorrect.

A

A: #1, #2 and #3 are correct.

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8
Q

A burglary of a dwelling must be at least Burglary 2nd Degree.

A: TRUE
B: FALSE

A

A: TRUE

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9
Q

A person who commits a burglary while armed with a deadly weapon is committing at least Burglary 2nd Degree

A: TRUE
B: FALSE

A

A: TRUE

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10
Q

A person who enters a department store, during business hours, to steal a watch, and does so, has not committed Burglary

A: TRUE
B: FALSE

A

A: TRUE

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11
Q

Assume under the facts in question #10 that before the person stole the watch he was told personally, by a guard, to leave the store because he is a known thief. Assume further that he started to leave but when he noticed the guard was no longer watching him he headed for the jewelry department. As of that moment he would be a burglar.

A: TRUE
B: FALSE

A

A: TRUE

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12
Q

Under the facts in question #11, it could be said the person entered unlawfully.

A: TRUE
B: FALSE

A

B: Remained unlawfully

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13
Q

If one is committing a burglary of a dwelling and displays what appears to be a pistol he will, in all cases, be convicted of Burglary 1st Degree.

A: TRUE
B: FALSE

A

B: Affirmative defense if not a loaded working gun

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14
Q

A person who knowingly and unlawfully enters a dwelling at night is guilty of Burglary 2nd Degree

A: TRUE
B: FALSE

A

B: Need intent to commit a crime therein

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15
Q

A person who enters a dwelling with intent to steal commits Burglary 2nd Degree.

A: TRUE
B: FALSE

A

B: Enter or remain unlawfully

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16
Q

A person who steals the sum of $25.00 from a dwelling while armed with a deadly weapon is guilty of Burglary 1st Degree.

A: TRUE
B: FALSE

A

B: Enter or remain unlawfully

17
Q

In order to qualify as an ENTRY into premises, a person’s body or part of his body must enter.

A: TRUE
B: FALSE

A

B: An “EXTENSION,” such as a hook on a pole, would be ENTRY.

18
Q

A camping tent being used by campers is not intended to be a “building” for burglary purposes.

A: TRUE
B: FALSE

A

B: FALSE

19
Q

A person who knowingly and unlawfully enters a dwelling with intent to patronize a prostitute is guilty of Burglary 2nd Degree

A: TRUE
B: FALSE

A

A: All degrees of Patronizing are CRIMES.

20
Q

A prostitute who knowingly and unlawfully enters a building with intent to engage in an act of prostitution is guilty of Burglary 3rd Degree.

A: TRUE
B: FALSE

A

A: TRUE

21
Q

Persons who break into and enter enclosed motor truck trailers parked on the highway, for the purpose of committing a crime inside, are guilty of Burglary.

A: TRUE
B: FALSE

A

A: TRUE

22
Q

A person who, while committing the burglary of a dwelling, arms himself with a dangerous knife while therein, raises the Burglary from 2nd Degree to 1st Degree.

A: TRUE
B: FALSE

A 
B: Does not fit into P-A-I-D
P HYSICAL INJURY
A RMED WITH EXPLOSIVE
I NSTRUMENT, THREATEN, USE
D ISPLAY GUN
23
Q

A lost hunter, seeking shelter in an unoccupied cabin, breaks and enters the cabin to get warm. He has his loaded rifle with him. He has committed Criminal Trespass 1st Degree

A: TRUE
B: FALSE

A

A: But he may have the “Defense” of Justification.

24
Q

Those things known as “Burglar’s Tools” are limited to the devices which can be used for breaking and entering into premises.

A: TRUE
B: FALSE

A

B: Larceny and Theft of Services are covered

25
Q

It is unlawful to possess radio devices capable of transmitting and receiving wireless voice transmission on a frequency allocated for police use.

A: TRUE
B: FALSE

A

B: With intent to use such device in commission of Robbery, Burglary, Larceny, Gambling, or Controlled Substances offenses.

26
Q

There are two kinds of “radio devices” described in Article 140 of the Penal Law.

A: TRUE
B: FALSE

A

A: Walkie talkies, or police radios (RECEIVE ONLY, or SEND & RECEIVE).

27
Q

George unlawfully and knowingly enters a factory building at night while armed with a deadly weapon. George is guilty of

A: Burglary 3rd Degree.
B: Burglary 2nd Degree.
C: Criminal Trespass 2nd Degree.
D: Criminal Trespass 1st Degree.

A

D: Not Burglary because “intent” in not in facts.

28
Q

Which of the following is not an aggravating factor which raises the degree of Burglary?

A: Armed with an explosive or a deadly weapon
B: Armed with a cane sword
C: Armed with a dagger
D: Causing a physical injury to a non-participant
E: Displaying what appears to be a pistol, etc.

A

B: A cane sword is not a deadly weapon.

29
Q

Roger, while carrying a crowbar, unlawfully enters the fenced-in area of a used-car lot. It is 2:30 AM and his intent is to use the crowbar to force open the office door on a mobile trailer used by the lot owner as an office. If Roger is arrested while inside the lot, he has committed

  1. Possession of Burglar’s Tools, a Class A Misdemeanor.
  2. Criminal Trespass 3rd Degree, a Class B Misdemeanor.
  3. Burglary 3rd Degree, a Class E Felony.

A: #1, #2 and #3
B: #1 and #2 but not #3
C: #1 and #3 but not #2
D: Only #1

A

B: He never got into the building.

30
Q

Concerning the crime of Burglary, evaluate the following statements.

  1. It is always a felony.
  2. If an aggravating factor is present, it must be 1st Degree.
  3. A 14 or 15 year old is a J.O. for any Burglary which is accompanied by an aggravating factor other than that the building is a dwelling.
 A: All 3 are correct
 B: Only #1 and #3 are correct
 C: Only #1 and #2 are correct
 D: Only #2 and #3 are correct
 E: Only #2 is correct
A

B: Remember the aggravating factors by P-A-I-D in answer #22 above

31
Q

Evaluate the following statements as they relate to Burglary 1st Degree.

  1. A DWELLING must be involved.
  2. An AGGRAVATING FACTOR is required.
  3. The time of day or night is not considered to be an aggravating factor.

A: All 3 statements are correct
B: Only #1 and #2 are correct
C: Only #2 and #3 are correct
D: None of the statements is correct

A 
A: Code word for Burglary 1st Degree is: A-D-I-K-E
A GGRAVATING FACTOR
\+
D WELLING
I NTENT
K NOWINGLY
E NTER, etc.
32
Q

Roger, with intent to damage a mausoleum, planted a stick of dynamite inside the structure. Fortunately, an alert security officer observed the explosive and had it removed without any damage to the mausoleum. Based on these circumstances, Roger is guilty of

A: Criminal Tampering 1st Degree.
B: Attempted Arson 3rd Degree.
C: Attempted Criminal Mischief 1st Degree.
D: Criminal Mischief 2nd Degree.

A

C: A mausoleum is not a dwelling.

Penal Law (5 decks)

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