Property Crimes

Question 1

Common Law Burglary

specific intent

Answer 1

Breaking and entering into the dwelling of another at night with the intent to commit a felony inside

Note: many jurisdictions have eliminated the “breaking,” “dwelling,” and “nighttime” elements.

Question 2

Constructive Breaking

Answer 2

Entry gained through fraud, threats or intimidation

Question 3

First Degree Burglary (qualifies for first degree murder)

NY

Answer 3

(1) entering or remaining
(2) in a building (known to be a dwelling)
(3) unlawfully
(4) with the intent to commit a crime inside (not limited to felonies) plus one of the following:
(a) a non-participant is injured, or
(b) the defendant carries a weapon

Question 4

Second Degree Burglary (qualifies for first degree murder)

NY

Answer 4

(1) entering or remaining
(2) in a building
(3) unlawfully
(4) with the intent to commit a crime inside (not limited to felonies) plus one of the following:
(a) the building is a dwelling,
(b) a non-participant is injured, or
(c) the defendant carries a weapon

Question 5

Third Degree Burglary

NY

Answer 5

(1) entering or remaining
(2) in a building
(3) unlawfully
(4) with the intent to commit a crime inside (not limited to felonies)

Question 6

Common Law Arson

malice

Answer 6

The malicious burning of a building

Note: there must be material wasting and at least char the fiber of the building

Question 7

First Degree Arson

NY

Answer 7

(1) Intentional damaging a building or motor vehicle by intentionally starting a fire or causing an explosion,
(2) when the defendant knows or should have known (reasonable possibility) that someone (nonparticipant) was inside the building,
(3) PLUS an explosive or incendiary device

Question 8

Second Degree Arson

NY

Answer 8

(1) Intentional damaging a building or motor vehicle by intentionally starting a fire or causing an explosion,
(2) when the defendant knows or should have known (reasonable possibility) that someone (nonparticipant) was inside the building.

Note: The nonparticipant need not be injured

Question 9

Third Degree Arson (and affirmative defenses)

NY

Answer 9

Intentional damaging a building or motor vehicle by intentionally starting a fire or causing an explosion

Affirmative defenses:

(i) all persons with possessory or proprietary interest in the property consented
(ii) D’s intent was to cause damage for a lawful purpose AND
(iii) D had no reasonable ground to fear for safety of another person or to fear damage to another building or motor vehicle

Question 10

Fourth Degree Arson (and affirmative defense)

NY

Answer 10

Recklessly damaging a building or motor vehicle by intentionally starting a fire or causing an explosion

Affirmative defense: D has sole possessory or proprietary interest in the property

Question 11

Possession of Contraband

Answer 11

Control for a period of time long enough to have an opportunity to terminate possession.

Question 12

Constructive Possession
(knowledge)

Answer 12

The contraband need not be in the defendant’s actual possession, as long as it is close enough for him to exercise dominion

Question 13

Criminal Possession of a Firearm

Answer 13

Knowingly possessing any firearm

Question 14

Criminal Possession of a Firearm

NY

Answer 14

Knowingly possessing a loaded firearm either

(1) outside one’s home or place of business; or
(2) with the intent to use it unlawfully against another

Question 15

Receipt of Stolen Property

Answer 15

(1) receiving possession and control

(2) of stolen personal property

Question 16

What are the two mental states for receipt of stolen property?

Answer 16

(1) KNOWING that the property has been obtained criminally by another party; AND
(2) with the INTENT to permanently deprive the owner of his interest in the property

Question 17

Criminal Possession of Stolen Property

NY

Answer 17

A person commits possession of stolen property when he knowingly possesses stolen property with the intent to benefit himself or another, or to impede the owner’s recovery of the property.

Note: property must really be stolen at the time the defendant receives it. Property that is received by the police and is being used in an undercover sting operation is not considered “stolen”