PL- Session 7- Crim. Misc. and Arson Flashcards
What is Criminal Mischief?
Criminal Mischief generally occurs when a person, having no right to do so nor any reasonable ground to believe that he has such right, damages the property of another.
This includes property that is jointly or co-owned (prevents DV loophole)
In what types of courts can Criminal Mischief offenses be prosecuted?
Criminal Mischief can be prosecuted in either Family Court or Criminal Court, or both, if committed between members of the same family or household.
What constitutes Criminal Mischief 4th Degree?
- Intentional damage to property of another, $250 or less
- Reckless damage More than $250
- Destruction of an abandoned building
- Prevent person from calling for help in an emergency (can be attempting to use the defendant’s phone)
A Misd
What constitutes Criminal Mischief 3rd Degree?
- Intentional damage More than $250
- Damage a MV intending to steal (3 separate convictions of criminal misconduct last 10 years)
E Felony
What constitutes Criminal Mischief 2nd Degree?
- Intentional damage More than $1500
D Felony
What constitutes Criminal Mischief 1st Degree?
- Intentional damage by means of explosive
In instances of explosive the individual could easily also be charged with Arson 5th - Intentional damage to property of another by fire or explosion
What constitutes Criminal Tampering 3rd Degree?
- Tamper with property intending substantial inconvenience to another person
B Misd
Letting the air out of someones tires
What constitutes Criminal Tampering 2nd Degree?
When does this escalate to Criminal Tampering 1st Degree?
- Tampering with public services or utilities
- Escalating to 1st Degree if a substantial impairment or interruption occurs.
2nd Degree- A Misdemeanor
1st Degree- D Felony
What constitutes Making Graffiti?
- Etches, paints, covers, or draws on public or private property
- Possession of instruments to do the same is also a crime
Making Graffiti- A Misd.
Poss of Graffiti Instruments- B Misd.
What constitutes Cemetery Desecration 2nd Degree?
Damaging or stealing from a cemetery
A Misd
All cemetery desecrations must be from cemeteries where HUMAN REMAINS are interred.
What constitutes Cemetery Desecration 1st Degree?
It occurs when the amount of damage or value of property stolen exceeds $250
E Felony
All cemetery desecrations must be from cemeteries where HUMAN REMAINS are interred.
What constitutes Aggravated Cemetery Desecration?
It involves the opening of a casket or crypt to remove remains or objects
E Felony- (becomes D Felony with conviction of 1st or 2nd in past 5 yrs)
All cemetery desecrations must be from cemeteries where HUMAN REMAINS are interred.
What constitutes tampering with a consumer product?
Tamper with product injested by or applied to humans
- 2nd Degree- Intend PI, Instill fear of PI, alter, adulterate, or contaminate
- 1st Degree- Create a substantial risk of serious physical injury.
* 2nd Degree- A Misd
* 1st Degree- E Felony
What constitutes a:
* Building
* Motor Vehicle
- Building- Any vehicle, structure, or watercraft used for the overnight lodging of persons or carrying on of business therein
- Motor Vehicle- Every vehicle operated on a public highway which is propelled by any power other than muscular power
This excludes: Electric wheelchairs, vehicles on rails or tracks, and snowmobiles
- Houseboats and hot dog trucks are buildings
- Sleeper cars on a train are neither buildings nor motor vehicles
What constitutes Arson 4th Degree?
- Intentional fire or explosion, and
- Recklessly damage building or MV
E Felony
Affirmative defense if no person has interest in damaged property
What constitutes Arson 3rd Degree?
- Intentional fire or explosion, and
- Intentionally damage building or MV
C Felony
Affirmative defense if:
* no person has interest in damaged property
* owner gave consent
* done for lawful purpose
* no reasonable person would believe any other persons building or mv would be damaged
What constitutes Arson 2nd Degree?
- Intentional fire or explosion, and
- Intentionally damage building or MV, and
- Non participant inside and you know or should know
B Felony
What constitutes Arson 1st Degree?
- Intentional fire or explosion, and
- Intentionally damage building or MV, and
- Non participant inside and you know or should know
Additionally: one of the G-E-M-S aggravating factors
* G = Gain (profit)
* E = Explosive
* M = Molotov Cocktail
* S = SPI to non participant
A-I Felony
Are 14 and 15 year olds considered juvenile offenders for Arson 1st and 2nd Degrees?
Yes, they are considered juvenile offenders for these degrees of Arson.
