Criminal Law: Burglary in the First Degree
76 Questions
0 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is the primary distinction between Burglary in the First Degree and Burglary in the Second Degree?

  • The type of building or structure entered
  • The presence of a deadly weapon or explosives (correct)
  • The level of force used to enter the structure
  • The time of day the burglary occurs

    • What is required for a person to be charged with burglary in a business open to the public?

  • The person must enter the business illegally at night
  • The person must hide in the business until after it closes and then commit a crime (correct)
  • The person must enter the business with the intention of stealing from the owner
  • The person must use force to enter the business

    • Which of the following is NOT a requirement for Burglary in the First Degree?

  • The defendant must enter the structure for the purpose of committing a crime
  • The defendant must enter the structure knowingly and unlawfully
  • The defendant must be a repeat offender (correct)
  • The defendant must be armed with a deadly weapon

    • What is the primary purpose of the defendant's entry into the structure in Burglary in the First Degree?

    <p>To commit a crime</p> Signup and view all the answers

    What is the difference between a burglary offense and a trespassing offense?

    <p>Burglary requires the intent to commit a crime, while trespassing does not</p> Signup and view all the answers

    Which of the following scenarios would NOT constitute a burglary offense?

    <p>A person is invited into a home for a social gathering and then decides to steal from the host</p> Signup and view all the answers

    What is the definition of a concealed firearm?

    <p>A weapon that is not discernable by ordinary observation</p> Signup and view all the answers

    What is the definition of a dangerous instrument?

    <p>Any instrument, article, or substance that is readily capable of causing death or other serious physical injury</p> Signup and view all the answers

    What is the definition of a deadly weapon?

    <p>Any weapon that is readily capable of producing death or serious physical injury</p> Signup and view all the answers

    What is excluded from the definition of a knife?

    <p>Any ordinary pocketknife with no blade more than 4 inches in length</p> Signup and view all the answers

    What is the crime of armed criminal action?

    <p>Committing any felony with a dangerous or deadly weapon</p> Signup and view all the answers

    What is the offense of possession, manufacture, transport, repair, or sale of certain weapons prohibited?

    <p>All of the above</p> Signup and view all the answers

    What is the crime of unlawful use of weapons?

    <p>All of the above</p> Signup and view all the answers

    Where is it unlawful to carry a firearm?

    <p>All of the above</p> Signup and view all the answers

    What is the crime of discharging a firearm at a mark?

    <p>Unlawful use of weapons</p> Signup and view all the answers

    What is the crime of carrying a firearm while in possession of a controlled substance?

    <p>All of the above</p> Signup and view all the answers

    What is the circumstance that elevates Burglary 2nd to Burglary 1st degree?

    <p>The burglar is armed with explosives or a deadly weapon.</p> Signup and view all the answers

    What is the purpose of Tampering in the First Degree?

    <p>To cause a substantial interruption of a service rendering to the public.</p> Signup and view all the answers

    What is the difference between Tampering in the First Degree and Tampering in the Second Degree?

    <p>The purpose of the tampering.</p> Signup and view all the answers

    What is the penalty for Joyriding in a stolen vehicle?

    <p>Tampering in the First Degree for the driver and Tampering in the Second Degree for the passengers.</p> Signup and view all the answers

    What is the minimum damage required for Property Damage in the First Degree?

    <p>$750.00</p> Signup and view all the answers

    What is the purpose of the Property Damage in the Second Degree statute?

    <p>To penalize those who knowingly damage property of another.</p> Signup and view all the answers

    What is the key element of Trespass in the First Degree?

    <p>The trespasser knowingly enters or remains unlawfully in a building or inhabitable structure.</p> Signup and view all the answers

    What is the difference between Trespass in the First Degree and Trespass in the Second Degree?

    <p>The type of property trespassed upon.</p> Signup and view all the answers

    What is the requirement for Burglary 1st degree?

    <p>The presence of explosives or a deadly weapon, or injuring/threatening injury to any person who is not a participant in the burglary, or someone who is not a participant in the burglary is present in the structure.</p> Signup and view all the answers

    What is the penalty for Tampering in the First Degree if the tampering involves an automobile?

    <p>Tampering in the First Degree.</p> Signup and view all the answers

    What is the purpose of appropriating property or services of another without their consent?

    <p>To deprive the owner of the property</p> Signup and view all the answers

    What is the minimum value of property or services that must be stolen for the offense to be a felony?

    <p>$500</p> Signup and view all the answers

    How is the value of the property or services stolen determined?

    <p>By its market value or replacement cost</p> Signup and view all the answers

    What is the value of an instrument such as a check?

    <p>The amount that is due on the instrument</p> Signup and view all the answers

    What is one of the elements that can make stealing a felony offense, aside from the value of the property?

    <p>Physical taking of the property from the person of the victim</p> Signup and view all the answers

    What type of property is considered a felony offense regardless of its value?

    <p>All of the above</p> Signup and view all the answers

    What is the term used to describe the offense of stealing livestock such as horses or cattle?

    <p>Rustling</p> Signup and view all the answers

    Where can recruits find information to help determine the value of property?

    <p>The Internet</p> Signup and view all the answers

    What is the sum of the losses from one scheme or course of conduct used for?

    <p>To determine the value of the property stolen</p> Signup and view all the answers

    What is the term used to describe the offense of stealing anhydrous ammonia or liquid nitrogen?

    <p>Stealing</p> Signup and view all the answers

    What is required to commit the crime of passing bad checks?

    <p>Issuing a check with the purpose to defraud</p> Signup and view all the answers

    What is NOT a condition for committing the crime of passing bad checks?

    <p>There are sufficient funds in the account</p> Signup and view all the answers

    What is the significance of the 10-day letter in the context of passing bad checks?

    <p>It is a notice to the defendant that they have 10 days to pay the check</p> Signup and view all the answers

    What is the definition of 'purpose to defraud' in the context of passing bad checks?

    <p>Issuing a check with the intention to deceive</p> Signup and view all the answers

    What is meant by 'claim of right' in the context of stealing offenses?

    <p>A defendant's honest belief that they had a right to appropriate the property</p> Signup and view all the answers

    What is the crime of fraudulent use of a credit device?

    <p>Using a credit device to obtain service or property with the knowledge that it is stolen or revoked</p> Signup and view all the answers

    What is the definition of a 'concealable firearm' in the context of the MCCH?

    <p>A firearm with a barrel less than 16 inches</p> Signup and view all the answers

    What is the requirement for written notice in the context of passing bad checks?

    <p>Notice must be sent by certified mail to the last known address of the issuer</p> Signup and view all the answers

    What is the significance of 'actual notice in writing' in the context of passing bad checks?

    <p>It is a notice that the check has not been paid</p> Signup and view all the answers

    What is the consequence of failing to make good the check within ten days after receiving actual notice in writing?

    <p>The charges will be subject to criminal prosecution</p> Signup and view all the answers

    What is an element of the crime of peace disturbance?

    <p>Threatening to commit a felonious act against any person</p> Signup and view all the answers

    Who commits the crime of hindering prosecution?

    <p>A person who helps another person avoid detection and apprehension</p> Signup and view all the answers

    What is an element of the crime of refusal to identify as a witness?

    <p>Failing to identify oneself as a witness to a crime</p> Signup and view all the answers

    What is the difference between resisting and interfering with arrest?

    <p>The person acting against the arrest is an onlooker or 3rd party.</p> Signup and view all the answers

    What is a consequence of being adjudged mentally incompetent in Missouri?

    <p>The person is prohibited from Possessing a concealable firearm</p> Signup and view all the answers

    What is the main requirement for a defendant to commit the crime of escape from custody?

    <p>The defendant is being held in custody after arrest for any crime.</p> Signup and view all the answers

    What is an element of the crime of resisting arrest?

    <p>Using or threatening physical force to resist arrest</p> Signup and view all the answers

    What is the purpose of tampering with a witness?

    <p>All of the above.</p> Signup and view all the answers

    What is a circumstance that prohibits a person from Possessing a concealable firearm in Missouri?

    <p>The person is a fugitive from justice</p> Signup and view all the answers

    What is an element of the crime of making false reports?

    <p>Giving false information to a law enforcement officer</p> Signup and view all the answers

    What is the crime of bribery of a public servant?

    <p>Offering a benefit to a public servant in return for a favor.</p> Signup and view all the answers

    What is the crime of perjury?

    <p>Giving false testimony under oath.</p> Signup and view all the answers

    What is an element of the crime of peace disturbance that involves language?

    <p>Using offensive and indecent language</p> Signup and view all the answers

    What is the crime of acceding to corruption?

    <p>Accepting a benefit in return for violating a legal duty.</p> Signup and view all the answers

    Who commits the crime of making false reports?

    <p>A person who knowingly gives false information to a law enforcement officer</p> Signup and view all the answers

    What is the main requirement for a defendant to commit the crime of promoting prostitution?

    <p>The defendant is promoting prostitution of a person less than 16 years old.</p> Signup and view all the answers

    What is an element of the crime of hindering prosecution?

    <p>Warning a person who has committed a crime that they are soon to be discovered</p> Signup and view all the answers

    What is the difference between tampering with a witness and tampering with a victim?

    <p>Tampering with a witness is for a judicial proceeding, while tampering with a victim is for a criminal investigation.</p> Signup and view all the answers

    What is the crime of escape from custody if the person is being held in custody after arrest for any crime?

    <p>The person attempts to escape from custody.</p> Signup and view all the answers

    What is the main requirement for a defendant to commit the crime of tampering with a victim?

    <p>The defendant purposely prevents or dissuades the victim from making a report.</p> Signup and view all the answers

    What is the essential element of prostitution that involves exchange of value?

    <p>Giving something of value to another person in return for sexual conduct</p> Signup and view all the answers

    What is the primary emphasis of a work that appeals to prurient interest in sex?

    <p>Creating lustful desires and thoughts</p> Signup and view all the answers

    What is the crime committed by a person who gives something of value to another person as compensation for that person engaging in sexual conduct?

    <p>Patronizing prostitution</p> Signup and view all the answers

    What is the three-pronged test used to determine?

    <p>Whether material is considered obscene</p> Signup and view all the answers

    What is the definition of sexual conduct in the context of the three-pronged test?

    <p>Any act of sexual arousal or response</p> Signup and view all the answers

    What is the time period during which the sale of intoxicating liquor is prohibited?

    <p>Between 1:30 a.m. and 6:00 a.m. on weekdays</p> Signup and view all the answers

    Who can obtain a special permit to sell beer and liquor by the drink?

    <p>Fraternal organizations, sports stadiums, and others</p> Signup and view all the answers

    What is the essential element of gambling committed by a professional player?

    <p>Knowingly engaging in gambling as a professional player</p> Signup and view all the answers

    How many designated Sundays are permitted for the retail sale of alcoholic beverages each year?

    <p>7</p> Signup and view all the answers

    What is the chapter that covers Child Pornography, Obscenity, and Related Offenses?

    <p>Chapter 16</p> Signup and view all the answers

    Study Notes

    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.
    • 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.

    Studying That Suits You

    Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

    Quiz Team

    Description

    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.

    More Like This

    W5 - Robbery and Burglary
    15 questions

    W5 - Robbery and Burglary

    ImprovedChalcedony1706 avatar
    ImprovedChalcedony1706
    Property Offences: Burglary and Criminal Damage
    64 questions

    Jaggard v Dickinson Case: Burglary and Criminal Damage Quiz and Flashc...

    RecommendedKrypton avatar
    RecommendedKrypton
    Criminal Law: Property Crimes and Burglary
    80 questions

    Criminal Law: Property Crimes and Burglary

    LawAbidingTonalism avatar
    LawAbidingTonalism
    Criminal Law Overview
    21 questions

    Criminal Law Overview

    MarvelousPascal avatar
    MarvelousPascal
    Use Quizgecko on...
    Browser
    Open
    Browser
    Browser