Criminal Law: Burglary in the First Degree

Burglary

• A defendant commits burglary in the first degree if:
  • They knowingly enter or remain unlawfully in a building or inhabitable structure
  • With the purpose of committing a crime therein
  • And while inside or entering the structure, or while fleeing from it, they:
    • Are armed with explosives or a deadly weapon
    • Injure or threaten injury to any person not participating in the burglary
    • Someone not participating in the burglary is present in the structure
• A defendant commits burglary in the second degree if:
  • They knowingly enter or remain unlawfully in a building or inhabitable structure
  • With the purpose of committing a crime therein

Burglary in a Business Open to the Public

• A burglary can occur if a person enters a business during regular hours and hides until after the business closes to steal
• Once the business is closed, the person can be charged with burglary if there is evidence they remained behind to commit a crime

Aggravating Circumstances

• Burglary in the second degree can be elevated to burglary in the first degree if:
  • The person is armed with explosives or a deadly weapon
  • They injure or threaten injury to any person not participating in the burglary
  • Someone not participating in the burglary is present in the structure

Tampering

• Tampering in the first degree:
  • Damaging property or facilities of a utility or institution providing health or safety protection
  • Causing substantial interruption or impairment of services
  • Receiving, possessing, selling, altering, or operating a vehicle without the owner's consent
• Tampering in the second degree:
  • Tampering with property of another for the purpose of causing inconvenience
  • Unlawfully riding in or on another's vehicle
  • Tampering with a utility meter or property

Joyriding

• Joyriding is considered tampering in the first degree for the driver
• Joyriding passengers are guilty of tampering in the second degree
• Property damage to a motor-propelled vehicle may also constitute tampering in the first degree

Property Damage

• Property damage in the first degree:
  • Knowingly damaging property of another with the purpose of defrauding an insurer
  • Causing damage exceeding $750
• Property damage in the second degree:
  • Knowingly damaging property of another
  • Damaging property with the purpose of defrauding an insurer
• Determining the value of property:
  • Market value or replacement cost
  • Value of instruments such as checks and promissory notes is the amount due
  • Internet research can be used to determine value

Stealing

• A person commits the offense of stealing if:
  • They appropriate property or services of another with the purpose to deprive them
  • They attempt to appropriate anhydrous ammonia or liquid nitrogen
  • They receive, retain, or dispose of stolen property
• Factors that make stealing a felony offense:
  • Value of the property or services stolen is $500 or more
  • Other factors listed in MCCH 9.3

'Claim of Right' Defense

• A defendant does not commit the crime of stealing if:
  • They acted in the honest belief that they had a right to appropriate the property
  • They believed the owner would have consented to the appropriation

Passing Bad Checks

• A defendant commits the crime of passing bad checks if:
  • They issue or pass a check knowing it will not be paid
  • They fail to pay a check within 10 days of receiving notice
• Purpose to defraud:
  • Issuing a no account or bogus check is prima facie evidence of purpose to defraud
  • Failure to make good on a check within 10 days of notice is evidence of purpose to defraud

Armed Criminal Action and Weapons Violations

• Concealable firearm:
  • Any firearm with a barrel less than 16 inches in length
• Concealed firearm:
  • A weapon not discernable by ordinary observation
• Dangerous instrument:
  • Any instrument, article, or substance capable of causing death or serious physical injury
• Deadly weapon:
  • Any firearm, loaded or unloaded, or any weapon capable of producing death or serious physical injury
• Knife:
  • Any dagger, dirk, stiletto, or bladed hand instrument capable of inflicting serious physical injury or death
• Armed criminal action:
  • Committing a felony with the aid of a dangerous or deadly weapon
• Unlawful use of weapons:
  • Carrying a concealed weapon
  • Exhibiting a weapon in a threatening manner
  • Discharging a firearm into a dwelling or at a person
  • Possessing a firearm while intoxicated
• Unlawful possession of a concealable firearm:
  • Possessing a firearm while having a prior felony conviction
  • Possessing a firearm while being a fugitive or being adjudged mentally incompetent

Peace Disturbance

• A defendant commits the crime of peace disturbance if:
  • They unreasonably and knowingly disturb or alarm another person
  • They do so by:
    • Loud noise
    • Offensive language
    • Threatening to commit a felonious act
    • Fighting
    • Creating a noxious odor
    • Obstructing traffic or pedestrian flow

Offenses Against the Administration of Justice

• Hindering prosecution:
  • Harboring or concealing a suspect
  • Warning a suspect of impending discovery or apprehension
  • Providing means to aid the suspect's escape
  • Preventing or obstructing another from aiding the discovery or apprehension
• False reports:
  • Giving false information to implicate another in a crime
  • Making a false report of a crime
  • Making a false report of an emergency situation
• Resisting or interfering with arrest:
  • Resisting an officer's attempt to make an arrest
  • Interfering with an officer's attempt to detain or stop an individual or vehicle### Obstruction of Justice
• Interfering with the arrest of another by using or threatening violence, physical force, or physical interference.
• Refusal to identify as a witness: knowing witness to a crime or incident, and refusing to identify oneself upon demand by law enforcement.
• Escape or attempted escape from custody: escaping or attempting to escape from custody after arrest for any crime.

Witness Tampering

• Tampering with a witness: threatening, causing harm, or using force, threats, or deception to induce a witness to disobey a subpoena, withhold evidence, or testify falsely.
• Tampering with a victim: preventing or dissuading a victim from reporting a crime, or seeking prosecution or arrest.

Bribery and Corruption

• Bribery of a public servant: offering, conferring, or agreeing to confer a benefit to a public servant in return for an official vote, opinion, or exercise of discretion.
• Public servant acceding to corruption: soliciting, accepting, or agreeing to accept a benefit in return for an official vote, opinion, or exercise of discretion.

Prostitution and Related Offenses

• Promoting prostitution: knowingly promoting prostitution of a person under 16, or compelling a person to engage in prostitution.
• Prostitution: engaging or offering to engage in sexual conduct with another person in return for something of value.
• Patronizing prostitution: giving or agreeing to give something of value to another person as compensation for engaging in sexual conduct.

Child Welfare and Gambling

• Endangering the welfare of a child: identifying the elements of endangering the welfare of a child in the first and second degrees.
• Gambling: engaging in gambling, gambling with a minor, or knowingly engaging in gambling as a professional player.

Child Pornography and Obscenity

• Child pornography, obscenity, and related offenses: understanding the three-pronged test to determine whether material is considered obscene.
• Three-pronged test:
  • Predominately appeals to prurient interest in sex.
  • Shows or describes sexual conduct in a patently offensive way.
  • Lacks serious literary, artistic, political, or scientific value.

Alcoholic Beverage Sales

• Regulated hours of sale: prohibited from selling, giving away, or disposing of intoxicating liquor between 1:30 a.m. and 6:00 a.m. on weekdays, and 1:00 a.m. and 6:00 a.m. on Sundays.
• Exceptions: special permits may be obtained for fraternal organizations, sports stadiums, riverboats with casinos, and others.
• Exceptional Sundays: sale by the drink is allowed on seven designated Sundays each year, including certain holidays and Super Bowl Sunday.

This quiz covers the elements of burglary in the first degree, including unlawful entry, purpose of committing a crime, and use of weapons or infliction of injuries.