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What is larceny?

  • Taking back your own property
  • Borrowing property with no intention to return
  • Stealing a vehicle
  • Take property that does not belong to you by trespassory taking, trick, embezzlement, or by false pretenses (correct)
  • What is petit larceny?

    Commits larceny valued less than or equal to $1,000

    What constitutes Grand Larceny 1st?

    Commits larceny of property valued greater than $1,000,000

    What is the culpability required for Grand Larceny 2nd?

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

    What is the Class for Criminal Possession of Stolen Property 5th?

    <p>Class A Misdemeanor</p> Signup and view all the answers

    What is a component of the Criminal Justice System?

    <p>Law Enforcement</p> Signup and view all the answers

    What is the highest court in the state?

    <p>Court of Appeals</p> Signup and view all the answers

    What is required for an arrest?

    <p>Intent, Authority, Custody, Recognition</p> Signup and view all the answers

    What crime does Criminal Trespass 1st involve?

    <p>Knowingly enter or remain unlawfully in a building with possession of a deadly weapon or explosive</p> Signup and view all the answers

    What is Arson 3rd?

    <p>Intentionally damage property by starting a fire or causing an explosion</p> Signup and view all the answers

    What does the term 'felony' mean?

    <p>An offense for which a jail sentence of more than 1 year can be imposed</p> Signup and view all the answers

    What is Criminal Mischief 2nd?

    <p>Intentionally damage property of another in an amount EXCEEDING $1,500</p> Signup and view all the answers

    What constitutes Criminal Mischief 1st?

    <p>Intentionally damage property of another by means of an explosive</p> Signup and view all the answers

    What is Criminal Tampering 3rd?

    <p>Having no right to do so, he/she tampers with the property of another with intent to cause substantial inconvenience.</p> Signup and view all the answers

    What is the definition of Criminal Tampering 2nd?

    <p>Tampering or making a connection with the property of a utility or public utility without right, not for unlawful purpose.</p> Signup and view all the answers

    What does Criminal Tampering 1st involve?

    <p>Damaging or tampering with utility property intending to cause substantial interruption of service.</p> Signup and view all the answers

    What constitutes Cemetery Desecration 2nd?

    <p>A and C</p> Signup and view all the answers

    What is Cemetery Desecration 1st?

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

    What is Reckless Endangerment of Property?

    <p>Recklessly engaging in conduct creating a substantial risk of damage to property exceeding $250.</p> Signup and view all the answers

    What constitutes Aggravated Cemetery Desecration 2nd?

    <p>Opening a casket unlawfully and removing human remains or objects contained within.</p> Signup and view all the answers

    What does Aggravated Cemetery Desecration 1st involve?

    <p>Committing aggravated cemetery desecration 2nd and having a prior conviction within 5 years.</p> Signup and view all the answers

    What is the definition of Tampering with a Consumer Product 2nd?

    <p>Altering or contaminating a consumer product with intent to cause physical injury or fear of such injury.</p> Signup and view all the answers

    What constitutes Tampering with a Consumer Product 1st?

    <p>Engaging in actions creating a substantial risk of serious physical injury to one or more persons.</p> Signup and view all the answers

    Making graffiti means the etching, painting, covering, drawing upon or otherwise placing of a mark upon public or private property with intent to damage such property.

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

    What is the definition of Possession of Graffiti Instruments?

    <p>Possessing tools or substances intended to damage property without permission.</p> Signup and view all the answers

    What actions are included in Assault 3rd?

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

    What constitutes Assault 2nd?

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

    What is involved in Assault 1st?

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

    What is Standards of Proof - Level 1?

    <p>Request for information involving public service and law enforcement functions.</p> Signup and view all the answers

    What is Standards of Proof - Level 2?

    <p>Common Law Right of Inquiry with founded suspicion that criminality is afoot.</p> Signup and view all the answers

    What is Standards of Proof - Level 3?

    <p>Reasonable suspicion that a crime has been committed, is being committed, or will be committed.</p> Signup and view all the answers

    What is Standards of Proof - Level 4?

    <p>Probable cause to believe a crime has occurred.</p> Signup and view all the answers

    What are some exceptions to the search warrant requirement?

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

    The police can always ask for consent to search without any underlying evidence.

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

    What is Plain View in the context of law enforcement?

    <p>When a police officer observes an item from a lawful position, and its incriminating nature is immediately apparent.</p> Signup and view all the answers

    What is Curtilage?

    <p>The area immediately surrounding a residence, protecting the privacy of the home under the 4th amendment.</p> Signup and view all the answers

    Who can apply for a search warrant?

    <p>Police officer, district attorney, or public servant acting in course of official duties.</p> Signup and view all the answers

    What is the jurisdiction of courts in regards to search warrants?

    <p>Warrants issued by the district court can be executed anywhere in New York State.</p> Signup and view all the answers

    What is required for execution of search warrants?

    <p>Warrants must be executed within 10 days and typically during specific hours unless otherwise specified.</p> Signup and view all the answers

    What does an endorsed arrest warrant allow?

    <p>Can be executed anywhere in New York State.</p> Signup and view all the answers

    What is the definition of Field Appearance Tickets (F.A.T.)?

    <p>Tickets issued in lieu of arrest, cannot be issued for sex offenses, and do not fill out factual component.</p> Signup and view all the answers

    What is required when making an arrest?

    <p>A prisoner activity log must be filled out every 30 minutes.</p> Signup and view all the answers

    What should an officer do during off-duty & plain clothes encounters?

    <p>A and B</p> Signup and view all the answers

    What are Building Search Tactics?

    <p>Confer with previous tour activities, maintain noise and light discipline, and NEVER search alone.</p> Signup and view all the answers

    What is Pistol Licensing?

    <p>It includes types of license endorsements for different purposes, like sportsman or business.</p> Signup and view all the answers

    What is Ancillary Law?

    <p>Laws that are not VTL or CPL, covering areas like mental hygiene and alcoholic beverage control.</p> Signup and view all the answers

    What is Stalking 4th?

    <p>Engaging in a course of conduct directed at a specific person likely to cause fear or emotional harm.</p> Signup and view all the answers

    What are Accusatory Instruments?

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

    Study Notes

    Larceny

    • Defined as the unauthorized taking of property belonging to another.
    • Includes various methods: trespassory taking, trick, embezzlement, false pretenses, acquiring lost property, issuing bad checks, false promises, and extortion.

    Types of Larceny

    • Petit Larceny: Stealing property valued at $1,000 or less; classified as a Class A Misdemeanor.
    • Grand Larceny 4th: Involves property theft of specified items (e.g., religious articles over $100, credit cards) or amounts exceeding $1,000; classified as a Class E Felony.
    • Grand Larceny 3rd: Stealing property valued over $3,000 or ATM contents; classified as a Class D Felony.
    • Grand Larceny 2nd: Involves property theft over $50,000 or extortion via specific methods; classified as a Class C Felony.
    • Grand Larceny 1st: Stealing property valued over $1,000,000; classified as a Class B Felony.

    Criminal Possession of Stolen Property

    • 5th Degree: Knowingly possessing stolen property to benefit oneself or impede recovery; Class A Misdemeanor.
    • 4th Degree: Possessing significant items (e.g., cars over $100) or amounts exceeding $1,000; Class E Felony.
    • 3rd Degree: Possessing stolen property valued over $3,000; Class D Felony.
    • 2nd Degree: Possessing stolen property valued over $50,000; Class C Felony.
    • 1st Degree: Possessing stolen property valued over $1,000,000; Class B Felony.

    Misapplication of Property

    • Involves possessing property with an agreement to return it and lending out property of another; classified as a Class A Misdemeanor.

    Unauthorized Use of a Motor Vehicle

    • 3rd Degree: Taking a vehicle without consent or using a car for personal use; Class A Misdemeanor.
    • 2nd Degree: 3rd Degree offense with a prior conviction in 10 years; classified as a Class E Felony.
    • 1st Degree: 3rd Degree offense during the commission of another felony or in immediate flight; classified as a Class D Felony.

    Theft of Service

    • Encompasses various forms of service theft including using revoked credit cards and tampering with service meters.

    Auto Stripping

    • 3rd Degree: Intentionally removing parts from a vehicle; classified as a Class A Misdemeanor.
    • 2nd Degree: 3rd Degree offense with a prior conviction or damage of two or more vehicles exceeding $1,000; classified as a Class E Felony.
    • 1st Degree: 3rd Degree offense involving three or more vehicles with damage over $3,000; classified as a Class D Felony.

    Unlawful Use of Credit/Debit Cards

    • Obtaining property or services using revoked cards; classified as a Class A Misdemeanor.

    Arson

    • 5th Degree: Intentionally damaging property by fire or explosion; Class A Misdemeanor.
    • 4th Degree: Recklessly damaging a building or vehicle; Class E Felony.
    • 3rd Degree: Intentionally damaging without consent; Class C Felony.
    • 2nd Degree: Damaging property with non-participants inside; Class B Felony.
    • 1st Degree: Engaging in arson with intent to gain or harm; Class A Felony.

    Definitions of Law

    • Substantive Law: Defines crimes and punishments.
    • Procedure Law: Outlines methods for enforcing laws.

    Weapons and Definitions

    • 10 Deadly Weapons: Includes loaded firearms and various knives; any capable of causing serious injury or death.
    • Deadly Physical Force: Physical force capable of causing death or serious injury.
    • Felony vs. Misdemeanor: Felonies carry sentences over a year, while misdemeanors allow shorter sentences.

    Criminal Justice System

    • Components include Law Enforcement, Judicial, and Corrections.

    Robbery

    • Defined as forcibly stealing property; involves force or threat to compel surrender.
    • 3rd Degree: Theft by force; Class D Felony.
    • 2nd Degree: Forcibly stealing property including vehicles or injury to non-participants; Class C Felony.
    • 1st Degree: The most severe cases involving weapons or serious injury threats; Class B Felony.

    Arrest and Powers

    • Elements of Arrest: Intent, Authority, Custody, Recognition.
    • Warrantless Arrest Powers: Vary for police officers, peace officers, and civilians.

    Burglary

    • 3rd Degree: Unlawfully entering a building intending to commit a crime; Class D Felony.
    • 2nd Degree: Unlawfully entering with aggravating factors or in dwellings; Class C Felony.
    • 1st Degree: Unlawfully entering dwellings with aggravating factors; Class B Felony.

    Criminal Trespass

    • 3rd Degree: Unlawfully entering a building or real property; Class B Misdemeanor.
    • 2nd Degree: Entering unlawfully in dwellings or schools; Class A Misdemeanor.
    • 1st Degree: Unlawfully entering a building with a deadly weapon; Class D Felony.

    Criminal Mischief

    • 4th Degree: Intentionally damaging property; classified based on damage amounts.
    • 3rd Degree: Intending and unlawfully damaging vehicles; Class E Felony.
    • 2nd Degree: Intentionally causing damage exceeding $1,500; Class D Felony.
    • 1st Degree: Damaging property with explosives; Class B Felony.

    Criminal Tampering

    • 3rd Degree: Tampering with property causing inconvenience; Class B Misdemeanor.
    • 2nd Degree: Tampering with utilities without lawful intent; Class A Misdemeanor.
    • 1st Degree: Damaging public utility property causing significant service interruption; Class D Felony.

    Cemetery Desecration

    • 2nd Degree: Damaging cemetery properties; Class A Misdemeanor.
    • 1st Degree: Exceeding $250 in damages or repeat offenders; Class E Felony.

    Additional Offenses

    • Aggravated Cemetery Desecration: Unlawful removal of remains; varying degrees from Class E Felony to Class D Felony based on repeat offenses.
    • Tampering with Consumer Products: Altering products to cause harm; classified based on risk.
    • Making Graffiti: Intentionally damaging property with markings; prohibited.

    These notes cover various criminal laws involving theft, misuse of property, categories of felonies and misdemeanors, and the processes involved in the criminal justice system.### Misdemeanors and Assault Charges

    • Possession of Graffiti Instruments: Class B misdemeanor for possessing tools intended to damage property without permission.
    • Assault 3rd Degree: Class A misdemeanor; involves intent or reckless actions that cause physical injury to another person.
    • Assault 2nd Degree: Class D felony; includes significant physical injury or use of a deadly weapon, along with actions against public service workers on school grounds or older individuals.
    • Assault 1st Degree: Class B felony; involves intent to cause significant physical injury or death, especially with deadly weapons, including actions during a felony.

    Standards of Proof

    • Level 1: Public service and law enforcement functions, cannot ask for search consent.
    • Level 2: Established foundation for inquiry, can ask for consent but cannot search without it.
    • Level 3: Reasonable suspicion allows for a forcible stop and potential frisk.
    • Level 4: Reasonable cause leads to probable cause for arrest, protected under the US Constitution.

    Search Warrant Exceptions

    • Situations allowing warrants to be bypassed include: incident to arrest, inventory, consent, hot pursuit, exigent circumstances, automobile exception, and plain view.
    • Coercion or threats to obtain warrants, location, age, IQ, and emotional state can impact a person's consent to search.

    Hot Pursuit Definition

    • Involves immediacy and reasonable cause for arrest, must pertain to violent felonies only.

    Plain View Doctrine

    • Officers must be in a lawful position to observe items, which need to be immediately incriminating. Rights under the Fourth Amendment are void in public views, abandoned properties, and other observable situations.

    Curtilage Protection

    • Area immediately surrounding a home protected by the Fourth Amendment from unreasonable searches and seizures.

    Search Warrant Applicability

    • Search warrants issued by various courts can be executed anywhere in NYS, with specific restrictions based on the court of issuance.

    Execution of Search Warrants

    • Must be executed within 10 days; specific endorsements allow no-knock entries and nighttime executions.

    Field Appearance Tickets (FAT)

    • Issued instead of arrests, excluded for sex offenses; can be utilized in Nassau and Suffolk counties.

    Arrest Procedure and Protocol

    • Prisoner activity logs required, pain complaints necessitate hospital visits, and property receipts issued regardless of prisoner belongings.

    Off-Duty and Plain Clothes Conduct

    • Officers should identify themselves, take cover, and are not compelled to engage unless necessary.

    Building Search Tactics

    • Collaboration with previous tours recommended, maintaining cover and concealment is crucial, and searching should never be done alone.

    Pistol Licensing Endorsements

    • Various types exist: sportsman, business, security, employment, auxiliary, retired law enforcement, with rare open carry licenses issued due to personal safety concerns.

    Ancillary Law Overview

    • Covers laws outside the Vehicle and Traffic Law and Criminal Procedure Law, addressing mental health, child abuse reporting, and other community safety regulations.

    Stalking 4th Degree

    • Class B misdemeanor involves knowingly causing fear of harm through persistent conduct.

    Accusatory Instruments Explained

    • Different instruments include Information (formal charges), Misdemeanor Complaint (charged but weak basis), and Felony Complaint (requires indictment for prosecution).

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