PP 600 - 634 (Ch 33)

Question 1

3301 Arson and related

Answer 1

Felony 1 if intentionally states fire, explosion, pays or agrees to another to do same, places someone in danger of death or bodily injury

Question 2

3301 Aggravated Arson

Answer 2

Felony 1 , when someone is inside of the property at the time of the offense
graded Murder 2 when someone dies as a result

Question 3

3302 causing or risking catsrophe

Answer 3

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

Question 4

3303 failure to prevent catastrophe

Answer 4

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

Question 5

3304 criminal mischief

Answer 5

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

Question 6

3305 injuring or tampering with fire hydrants, apparatus

Answer 6

M3

Question 7

3306 unauthorized use or opening of fire hydrants

Answer 7

summary

Question 8

3307 institutional vandalism

Answer 8

Felony 3

any cemetery, school, church, court facility

Question 9

3308 additional fine for arson committed for profit

Answer 9

anyone charged with arson related murder is sentenced to pay fines doubled

Question 10

3309 agricultural vandalism

Answer 10

marks or damages property where it is marked or otherwise damages is used in farming.. Felony 3 if exceeds $5,000 ( same as mischief)

Question 11

3310 agricultural crop destruction

Answer 11

Felony 2 , damages crops, veggies, plants, for scientific or commercial purposes.

Question 12

3311 ecoterrorism

Answer 12

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.

Question 13

3312 destruction of a survey monument

Answer 13

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.

Question 14

3313 illegal dumping of meth waste

Answer 14

F3 if they deposit any chemical waste or debris resulting from the manufacture of meth.

Question 15

3502 Burglary

Answer 15

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 –

Question 16

3503 Criminal trespass

Answer 16

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.

Question 17

3503 (b) Defiant trespasser

Answer 17

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.

Question 18

3503 (a) simple trespasser

Answer 18

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.

Question 19

defenses to trespassing

Answer 19

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

Question 20

3504 railroad protection, vandalism and interference

Answer 20

M3

Question 21

3701 robbery

Answer 21

Felony 2, threat of bodily injury or actual body injury, physical takes or removes by force however slight

Question 22

3702 robbery or motor vhicle

Answer 22

Felony 1, steals or takes a car from someone in the presence of that person or any other person lawfully possessing vehicle.

Question 23

3903 grading of thefts offenses

Answer 23

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

Question 24

3921 theft by unlawful taking or disposition

Answer 24

unlawfully takes or exercises unlawful control over movable property of another with intent to deprive them.

Question 25

3922 theft by deception

Answer 25

intentionally obtains or withholds property of another by deception. false impression as to law, value, intention,

Question 26

3923 theft by extortion

Answer 26

intentionally obtains or withholds property of someone by threatening to.. commit another offense, accuse anyone of crime, expose secrets..

Question 27

3924 theft of property lost, mislaid or delivered by mistake

Answer 27

comes into control of property of another he knows to have been lost, mislaid, delivered by mistake.

Question 28

3925 receiving stolen property

Answer 28

intentionally receives, retains, disposes movable property of another knowing it has been stolen or prob stolen. (acquiring possession of or control over)

Question 29

3926 theft of services

Answer 29

by deception or threat, (ex: meters)

summary if under $50, graded as all theft offenses

Question 30

3927 theft by failure to make required disposition of funds received

Answer 30

a person who obtains property upon agreement or legal obligation to make payments ( audits or falsifications of accounts)

Question 31

3928 unauthorized use of automobiles and other vehicles

Answer 31

M2 if he operates without consent of owner

Question 32

3929 retail theft

Answer 32

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

Question 33

3929 library theft

Answer 33

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

Question 34

3929.2 unlawful possession of retail or library theft instruments

Answer 34

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)

Question 35

3929.3 Organized retail Theft

Answer 35

organizes, coordinates, controls, activities of organized retail theft enterprise.
$5k but not more than $19,999 ; F3
at least $20k, F2

Question 36

3930 theft of trade secrets

Answer 36

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

Question 37

3932 theft of leased property

Answer 37

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

Question 38

3935 theft of secondary metal

Answer 38

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

Question 39

4104 Forgery

Answer 39

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

Question 40

4102 objects of antiquity, rarity, etc.

Answer 40

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.

Question 41

4103 Fraudulent destruction, removal or concealment of recordable instruments

Answer 41

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

Question 42

4104 tampering with records or identification

Answer 42

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.

Question 43

4105 Bad Checks

Answer 43

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

Question 44

4106 access device fraud

Answer 44

(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

Question 45

4107 Deceptive or fraudulent business practices

Answer 45

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–

Question 46

4107.1 deception relating to kosher food products

Answer 46

m3 if sells or exposes for sell any fake kosher food product

Question 47

4107.2 deception relating to certification or minority business enterprise or womens business enterprise

Answer 47

f3 if in the course of business he obtains or retains certificate as minority business enterprise, false statement.
(economically disadvantaged persons)

Question 48

4108 commercial bribery and breach of duty to act disinterestedly

Answer 48

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

Question 49

4109 rigging publicly exhibited contest

Answer 49

M1

Question 50

4110 defrauding secured creditors

Answer 50

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

Question 51

4111 fraud in insolvency

Answer 51

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.

Question 52

4112 receiving deposits in a failing financial institution

Answer 52

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.

Question 53

4113 misapplication of entrusted property and property of government or financial institutions

Answer 53

applies or disposes of property that has been entrusted to him as fiduciary,to risk, M2 if amount exceeds $50, otherwise an M3

Question 54

4114 securing execution of documents by deception

Answer 54

M2 if he causes another to execute any instrument affecting or purporting to affect interest of any person

Question 55

4115 falsely impersonating persons privately employed

Answer 55

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.

Question 56

4116 copying;recording devices

Answer 56

(bootlegging) Felony 3

Question 57

4116.1 unlawful operation of recording device in motion picture theater

Answer 57

M1 first violation, 2nd or subsequent violation is Felony 3rd degree
(theatre owner is allowed to take the device and hold the person lawfully)

Question 58

4117 Insurance fraud

Answer 58

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.

Question 59

4118 washing vehicle titles

Answer 59

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

Question 60

4119 trademark counterfeiting

Answer 60

anyone who knowingly sells or distributes for the purposes of commercial advantage or private financial gain, any items identified by a counterfeit mark. M1