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.