PC CH 28 Arson, Criminal Mischief, and Other Property Damage or Destruction

"__________" means a structure or vehicle that is adapted for the overnight accommodation of persons and includes: each separately secured or occupied portion of the structure or vehicle; and each structure appurtenant to or connected with the structure or vehicle.

"___________" A person commits an offense if the person starts a fire, regardless of whether the fire continues after ignition, or causes an explosion with intent to destroy or damage: (1) any vegetation, fence, or structure on open-space land; or (2) any building, habitation, or vehicle: (A) knowing that it is within the limits of an incorporated

city or town;

(B) knowing that it is insured against damage or destruction; (C) knowing that it is subject to a mortgage or other

security interest; (D) knowing that it is located on property belonging to another; (E) knowing that it has located within it property belonging to another; or (F) when the person is reckless about whether the burning or explosion will endanger the life of some individual or the safety of the property of another.

What is the punishment for the offense, "Arson"?

"_________" means any structure or enclosure intended for use or occupation as a habitation or for some purpose of trade, manufacture, ornament, or use.

What is the punishment for the offense, "Arson" when a person recklessly starts a fire or causes an explosion while manufacturing or attempting to manufacture a controlled substance and the fire or explosion damages any building, habitation, or vehicle.

"__________" A person commits an offense if, without the effective consent of the owner: (1) he intentionally or knowingly damages or destroys the tangible property of the owner; (2) he intentionally or knowingly tampers with the tangible property of the owner and causes pecuniary loss or substantial inconvenience to the owner or a third person; or (3) he intentionally or knowingly makes markings, including inscriptions, slogans, drawings, or paintings, on the tangible property of the owner.

What is the punishment for the offense, "Criminal Mischief"?

What is the punishment for the offense, "Criminal Mischief" when the actor causes in whole or in part impairment or interruption of any public water supply, or causes to be diverted in whole, in part, or in any manner, including installation or removal of any device for any such purpose, any public water supply, regardless of the amount of the pecuniary loss?

"_________" means: (A) real property; (B) tangible or intangible personal property, including anything severed from land; or (C) a document, including money, that represents or embodies anything of value.

"__________" A person commits an offense if, without the effective consent of the owner, he recklessly damages or destroys property of the owner.

What is the punishment for the offense, "Reckless Damage or Destruction"?

"____________" means an aerosolized paint product.

"_____________" means real property that is undeveloped for the purpose of human habitation.

What is the punishment for the offense, "Arson" when the person intentionally starts a fire or causes an explosion and in so doing recklessly damages or destroys a building belonging to another?

What is the punishment for the offense, "Criminal Mischief" when the amount of pecuniary loss is: less than $2,500, and the property damaged or destroyed is a habitation and or the damage or destruction was caused by a firearm or explosive weapon?

"____________" means the burning of unwanted vegetation with the consent of the owner of the property on which the vegetation is located and in such a manner that the fire is controlled and limited to a designated area.

True or False: It is a defense to prosecution under this chapter that the actor has an interest in the property damaged or destroyed if another person also has an interest that the actor is not entitled to infringe.

"____________" means any explosive or incendiary device that is designed, made, or adapted for the purpose of inflicting serious bodily injury, death, or substantial property damage, or for the principal purpose of causing such a loud report as to cause undue public alarm or terror, and includes: (A) an explosive or incendiary bomb, grenade, rocket, and mine; (B) a device designed, made, or adapted for delivering or shooting an explosive weapon; and (C) a device designed, made, or adapted to start a fire in a time-delayed manner.

"___________" means insulated or non-insulated wire or cable that consists of at least 50 percent copper, including any tubing or conduit attached to the wire or cable.

What is the charge for the offense, "Arson" when a person recklessly starts a fire or causes an explosion while manufacturing or attempting to manufacture a controlled substance and the fire or explosion caused bodily injury or death?

What is the punishment for the offense, "Criminal Mischief" if the amount of pecuniary loss is: less than $2,500, if the property was a fence used for the production or containment of: cattle, bison, horses, sheep, swine, goats, exotic livestock, or exotic poultry; or game animals?

What is the punishment for the offense, "Criminal Mischief" if the damage is against property that is livestock and the damage is caused by introducing bovine spongiform encephalopathy, commonly known as mad cow disease?

True or False: Regarding the offense, "Criminal Mischief" when more than one item of tangible property, belonging to one or more owners, is damaged, destroyed, or tampered with in violation of this section pursuant to one scheme or continuing course of conduct, the conduct may be considered as one offense, and the amounts of pecuniary loss to property resulting from the damage to, destruction of, or tampering with the property may be aggregated in determining the grade of the offense.

What is the Title of Penal Code Chapter 28?

True or False: The amount of pecuniary loss under chapter 28 of the penal code, if the property is destroyed, is: the fair market value of the property at the time and place of the destruction.

If the amount of pecuniary loss cannot be ascertained by the criteria set forth in Subsections (a) through (c), the amount of loss is deemed to be greater than _____ dollars but less than ________ dollars.

"_________" A person commits an offense if, without the effective consent of the owner, the person intentionally or knowingly makes markings, including inscriptions, slogans, drawings, or paintings, on the tangible property of the owner with: (1) paint; (2) an indelible marker; or (3) an etching or engraving device.

What is the punishment for the offense, "Graffiti"?

What is the punishment for the offense, "Graffiti" when the marking is made on a school, an institution of higher education, a place of worship or human burial, a public monument, or a community center that provides medical, social, or educational programs; and the amount of the pecuniary loss to real property or to tangible personal property is 750 dollars or more but less than 30,000 dollars?

True or False: When more than one item of tangible property, belonging to one or more owners, is marked in violation of this section pursuant to one scheme or continuing course of conduct, the conduct cannot be considered as one offense, and the amounts of pecuniary loss to property resulting from the marking of the property may not be aggregated in determining the grade of the offense.

"_____________" means a device that makes a delineation or impression on tangible property, regardless of the manufacturer's intended use for that device.

What is the punishment for the offense, "Arson" when a person starts a fire, regardless of whether the fire continues after ignition, or causes an explosion with intent to destroy or damage: any vegetation, fence, or structure on open-space land; or any building, habitation, or vehicle and it is shown on the trial of the offense that: bodily injury or death was suffered by any person by reason of the commission of the offense; or the property intended to be damaged or destroyed by the actor was a habitation or a place of assembly or worship?

What is the punishment for the offense, "Criminal Mischief" when pecuniary loss is less than $30,000 and the actor: causes wholly or partly impairment or interruption of property used for flood control purposes or a dam or of public communications, public transportation, public gas supply, or other public service; or causes to be diverted wholly, partly, or in any manner, including installation or removal of any device for any such purpose, any public communications or public gas supply?

True or False: The amount of pecuniary loss under this chapter for documents, other than those having a readily ascertainable market value, is: not less than 2,500 dollars or more than 30,000 dollars.

"__________" means a device that makes a mark with a paint or ink product that is specifically formulated to be more difficult to erase, wash out, or remove than ordinary paint or ink products.

True or False: If the actor proves by a preponderance of the evidence that he gave consideration for or had a legal interest in the property involved, the value of the interest so proven shall be deducted from: the amount of pecuniary loss if the property is destroyed; or the amount of pecuniary loss to the extent of an amount equal to the ratio the value of the interest bears to the total value of the property, if the property is damaged.

What is the punishment for the offense, "Criminal Mischief" if the amount of pecuniary loss is: less than 30,000 dollars, if the property is a motor vehicle that is damaged, destroyed, or tampered with during the removal or attempted removal of a catalytic converter from the motor vehicle?