PP 600 - 634 (Ch 33) Flashcards
3301 Arson and related
Felony 1 if intentionally states fire, explosion, pays or agrees to another to do same, places someone in danger of death or bodily injury
3301 Aggravated Arson
Felony 1 , when someone is inside of the property at the time of the offense
graded Murder 2 when someone dies as a result
3302 causing or risking catsrophe
by explosion, fire, flood, avalanche, collapse of building F3 if recklessly creates risk of catastrophe in employment of fire, explosives or other dangerous means listed
3303 failure to prevent catastrophe
fails to take measures to prevent or mitigate, M2-
if he knows he is under official duty to do so, he did or assented to do the act causing or threating catastrophe
3304 criminal mischief
damages tangible property of another
FELONY 3 if more than $5,000. or interrupts public communication.
M2 excess of $1,000 , M3 if $500 or causes a loss in excess of $150 for a violation of subsection 3(a) – otherwise a summary
3305 injuring or tampering with fire hydrants, apparatus
M3
3306 unauthorized use or opening of fire hydrants
summary
3307 institutional vandalism
Felony 3
any cemetery, school, church, court facility
3308 additional fine for arson committed for profit
anyone charged with arson related murder is sentenced to pay fines doubled
3309 agricultural vandalism
marks or damages property where it is marked or otherwise damages is used in farming.. Felony 3 if exceeds $5,000 ( same as mischief)
3310 agricultural crop destruction
Felony 2 , damages crops, veggies, plants, for scientific or commercial purposes.
3311 ecoterrorism
damage to property intending to : intimidate or coerce someone lawfully, participating in activity involving animals plants or natural resources.. offenses specified against property is Misdemeanor or felony of 2nd or 3rd degree. (this is graded one degree higher than the original charge)
restitution can be up to triple the original value.
3312 destruction of a survey monument
summary if injures any natural object such as a tree or stem. M2 if maliciously cuts, dames or removes any survey monument or marker in order to call into question a boundary line.
3313 illegal dumping of meth waste
F3 if they deposit any chemical waste or debris resulting from the manufacture of meth.
3502 Burglary
enters building or occupied structure that is accommodated for overnight use - Felony 1
Felony 2 if it is a structure occupied but not adapted for overnight accommodations.
PERSON CANNOT BE CHARGED WITH CRIMES AFTER HE ENTERED… EX ( NOT BURG AND CRIMINAL MISCHIEF) UNLESS THE NEXT CRIME IS A FELONY –
3503 Criminal trespass
F3- knowing not allowed to do so , enters gains entry , to building, or remains in building..
F2 - breaks into building or occupied structure or separately secured or occupied portion thereof.
3503 (b) Defiant trespasser
enters or remains in any place which notice against trespass is given by - somebody, fencing, signs. – if someone asked them to leave and they don’t its M3.. if school grounds M1).. otherwise summary offense.
3503 (a) simple trespasser
M1- knowing not allowed to do so, enters or remains and unlawfully takes metal from premises.
Summary - threatening or terrorizing owner or occupants, starting or causing to be started any fire upon premise.
defenses to trespassing
building is abandoned, actor reasonably believed the owner would have licenses the entering of property, premises were open at the time to public, and actor complied with lawful conditions imposed on access to or remaining in the premise
3504 railroad protection, vandalism and interference
M3
3701 robbery
Felony 2, threat of bodily injury or actual body injury, physical takes or removes by force however slight
3702 robbery or motor vhicle
Felony 1, steals or takes a car from someone in the presence of that person or any other person lawfully possessing vehicle.
3903 grading of thefts offenses
Felony 2- committed during disaster, property is stolen firearm, receiving a stolen firearm, ammount if 100k- or more but less than 500k.
Felony 1- the firearm is stolen and the receiver is in the business of buying and selling stolen stuff. , more than 500k.
Otherwise M1… M2- amount is $50 but less than $200,
less than $50 M3
any theft that is the third offense or more is automatically Felony 3
3921 theft by unlawful taking or disposition
unlawfully takes or exercises unlawful control over movable property of another with intent to deprive them.
3922 theft by deception
intentionally obtains or withholds property of another by deception. false impression as to law, value, intention,
3923 theft by extortion
intentionally obtains or withholds property of someone by threatening to.. commit another offense, accuse anyone of crime, expose secrets..
3924 theft of property lost, mislaid or delivered by mistake
comes into control of property of another he knows to have been lost, mislaid, delivered by mistake.
3925 receiving stolen property
intentionally receives, retains, disposes movable property of another knowing it has been stolen or prob stolen. (acquiring possession of or control over)
3926 theft of services
by deception or threat, (ex: meters)
summary if under $50, graded as all theft offenses
3927 theft by failure to make required disposition of funds received
a person who obtains property upon agreement or legal obligation to make payments ( audits or falsifications of accounts)
3928 unauthorized use of automobiles and other vehicles
M2 if he operates without consent of owner
3929 retail theft
1st offense + less than $150 Summary
2nd offense + and less than $150, M2
3rd offense , 1st or 2nd offense, $150 or more, M1
F3 when third or subsequent, regardless of value.
F3 ,exceeds $1,000,& its firearm or car
3929 library theft
summary when less than $150
M2 when 2nd offense and less than $150
M1 when 1st or 2nd offense and $150 or more
F3 when 3rd or subs. offense regardless of value
3929.2 unlawful possession of retail or library theft instruments
M2 knowingly possesses, manufactures, sells offers - any theft detection device or theft detection deactivation device.
(any tool, device to remove or deactivate inventory control tags and security strips)
3929.3 Organized retail Theft
organizes, coordinates, controls, activities of organized retail theft enterprise.
$5k but not more than $19,999 ; F3
at least $20k, F2
3930 theft of trade secrets
F2 by force or violence takes from the person of another any article representing trade secret. (technical info that is not public knowledge)
F3 withhold from owner control of trade secret
3932 theft of leased property
if he intentional deals with it as his own.
M3 if $50 or more, M2 if $50 or more, but less than $200
M2 if greater than $200
F3 if third or subs. offense regardless of value
3935 theft of secondary metal
unlawfully takes or attempts to take possession secondary metal . M3 if less than $50 $50 or more, less than $200, M2 $200 or more, less than $1,000, M1 $1,000 or more, F3
4104 Forgery
with intent to defraud, alters any writing of another without his authority, makes or transfers any writing
F2 if it purports an issue of money, securities, postage or stamps,.. otherwise M1
4102 objects of antiquity, rarity, etc.
M1 , with intent to defraud anyone alters, or utters any object so that is appears to have value because of antiquity, rarity, source or authorship which is does not possess.
4103 Fraudulent destruction, removal or concealment of recordable instruments
F3 with intent to deceive or injure anyone, removes or conceals any will, deed, mortgage, security instrument or other writing for which the law provides public recording
4104 tampering with records or identification
M1 - falsifies, destroys, any writing record -
Summary if knowingly buys sells or moves in commerce any personal property from which the manufacturers name plate has been defaced.
4105 Bad Checks
Grading * summary if check is less than $200 M3 if $200 or more, but less than $500 M2 if $500 or more but less than $1,000 M1 if $1,000 or more but less than $75k F3 if $75k or more
4106 access device fraud
(credit card for ex) .. uses to obtain or attempt to obtain property or services with knowledge that the device is fake, altered or incomplete, issued to another person.
**$500 or more is F3, $50 to $500 M2
Felony 2 if they make , publish ,sell give to another
4107 Deceptive or fraudulent business practices
if in the course of business the person uses or possesses any device for falsely determining or recording any quality or quantity. (false advertisement as well)F3 if amount exceeds $2000, M1 if between $200–
4107.1 deception relating to kosher food products
m3 if sells or exposes for sell any fake kosher food product
4107.2 deception relating to certification or minority business enterprise or womens business enterprise
f3 if in the course of business he obtains or retains certificate as minority business enterprise, false statement.
(economically disadvantaged persons)
4108 commercial bribery and breach of duty to act disinterestedly
M2 if without consent of his employer solicits any benefit from another upon agreement that benefit will influence his conduct in relation to the affairs of his employer
4109 rigging publicly exhibited contest
M1
4110 defrauding secured creditors
m2 if destroys removes conceals deals with property subject to a security interest or after levy has been made theron with intent to hinder enforcement of such interest
4111 fraud in insolvency
M2 - knowing the proceedings have been instituted for the appointment of a receiver or other person entitled to property, destroys or deals with property with intent to defeat the claim of creditor.
4112 receiving deposits in a failing financial institution
officer manager directing in a financial institution commits M2 if he receives or premits the receipt of a deposit knowing that the institution is about to suspend operations or go under.
4113 misapplication of entrusted property and property of government or financial institutions
applies or disposes of property that has been entrusted to him as fiduciary,to risk, M2 if amount exceeds $50, otherwise an M3
4114 securing execution of documents by deception
M2 if he causes another to execute any instrument affecting or purporting to affect interest of any person
4115 falsely impersonating persons privately employed
M2 - without due authority pretends to hold himself out to any one as employee of any person for the purpose of gaining access to the premise.
4116 copying;recording devices
(bootlegging) Felony 3
4116.1 unlawful operation of recording device in motion picture theater
M1 first violation, 2nd or subsequent violation is Felony 3rd degree
(theatre owner is allowed to take the device and hold the person lawfully)
4117 Insurance fraud
Felony 3 - files documents with false information , (ex - zip code of car insurance for lower rate)
otherwise M1 – if lawyer gives referral fee to someone not an atty.
4118 washing vehicle titles
F3 if with intent to deceive anyone makes or causes to be made an application for a certificate of title for a car which includes materially false of fictitious information
4119 trademark counterfeiting
anyone who knowingly sells or distributes for the purposes of commercial advantage or private financial gain, any items identified by a counterfeit mark. M1
