Question 1

What is the present day actus reus for arson in America and includes everything from total destruction to visible charring?

Accepted Answer

The present day actus reus for arson in America includes damage by fire or explosion, which can range from total destruction to visible charring. This encompasses any intentional or reckless setting of fire, or causing of an explosion, that leads to damage or destruction of property. The use of water in firefighting efforts does not negate the act of arson, as the damage caused by the initial fire or explosion is still relevant. Option B is incorrect, as damage by water is not relevant to the act of arson. Option C is incorrect, as only damage caused by an explosion is too narrow of a definition for arson. Option D is incorrect, as there is a clear and defined actus reus for arson in America.

Question 2

Which of the following may be an element of criminal mischief?

Accepted Answer

Criminal mischief typically involves the intentional defacement, damage, or destruction of property.

Question 3

What term applies to the act of having lawful access to property, but then remaining until such lawful access no longer exists with the intent to commit a crime?

Accepted Answer

The term that applies to the act of having lawful access to property, but then remaining until such lawful access no longer exists with the intent to commit a crime is "surreptitious remaining." "Superstitious remaining" and "surreptitious restraining" are not valid terms.

Question 4

Which of the following was one of the elements under common law when arson was limited to dwellings?

Accepted Answer

Under common law, arson was defined as the malicious burning of someone else's dwelling. Therefore, all the elements listed (A: a malicious act, B: the act of setting a fire, C: burning a dwelling) were part of the definition of arson.

Question 5

Many states refer to the forcible entry into a building or home or simply the illegal entry of a home or building with the intent to commit a felony to be the act of burglary. What is another term used by some states that has the same meaning?

Accepted Answer

Breaking and entering is another term used by some states to refer to the act of entering a building or home without authorization and with the intent to commit a crime.

Question 6

What is the crime of maliciously damaging, by means of fire, any building used in interstate or foreign commerce or in any activity affecting interstate or foreign commerce?

Accepted Answer

The crime described is a modern-day Federal definition of arson, included in Title 18 of the United States Code, Section 844(i), which prohibits maliciously damaging or destroying any building, vehicle, or other property used in or affecting interstate or foreign commerce by means of fire or an explosive.

Question 7

What is sometimes considered a form of criminal or malicious mischief but defined as willful or malicious acts intended to damage property?

Accepted Answer

Vandalism is defined as the willful or malicious destruction or defacement of property, and is often considered a form of criminal mischief.

Question 8

One primary example of cybercrime comes from what source?

Accepted Answer

Spam email messages are a common source of cybercrime, as they often contain phishing scams, malware, and other harmful content designed to steal personal information or infect devices. Unsolicited email from friends and harassment email from creditors may also be problematic, but they are less prevalent sources of cybercrime compared to spam email messages.

Question 9

If a person knowingly and unlawfully enters or remains unlawfully in a dwelling with the intent to commit a crime and if while in the dwelling the person or another participant in the crime is armed with explosives, or causes physical injury to another person, or is armed with a deadly weapon or threatens the use of a deadly may be charged with what crime?

Accepted Answer

The crime described in the question fits the definition of burglary in the first degree, which is the most serious form of burglary. This is because the individual entered or remained unlawfully in a dwelling with the intent to commit a crime and while in the dwelling, the person or another participant was armed with explosives or a deadly weapon, or caused physical injury to another person.

Question 10

Stan owes George $500. George decides to confront Stan in person and drives to Stan's home, where he engages Stan in a verbal altercation concerning the money owed. Stan tells George that he does not have any money at the present, but he will pay him next week. George tells Stan he is not leaving until he gets his money. Stan tells George to leave or he will call the police. George stands fast, refusing to leave Stan's property. When the police arrive Stan may ask the police to arrest George based on what charge?

Accepted Answer

George's refusal to leave Stan's property despite being asked to do so constitutes trespass, as he is unlawfully remaining on someone else's property without permission.

Question 11

What criminal offense is committed with the use of a computer or other electronic device?

Accepted Answer

Cybercrime refers to any criminal offense committed using a computer or electronic device, including hacking, phishing, identity theft, and distributing malware. Computer crime and Internet crime can be subsets of cybercrime, but cybercrime is the more comprehensive term. Therefore, option C is the correct answer.

Question 12

What is the intentional setting of a fire to burn a structure or other physical property?

Accepted Answer

Arson is the intentional setting of a fire to destruct or damage a structure or other physical property. Fire starter may refer to intentionally or unintentionally starting a fire, while fire bug generally refers to a person with an obsession for fire setting. Criminal mischief involves damaging or destroying property with malice, but may not necessarily involve setting a fire.

Question 13

What was once called malicious mischief and consists of intentionally damaging or destroying property?

Accepted Answer

Criminal mischief is the term used to describe intentionally damaging or destroying property. It is a criminal offense that can result in fines, probation, and even imprisonment depending on the severity of the damage done.

Question 14

John sees some appealing watermelons in a pasture along the highway. However a five-foot high, barbed-wire fence blocks any entry to outsiders. John ignores the obstacles, climbs the fence, retrieves a beautiful watermelon, and returns to his vehicle, driving away with prize in hand. What charges may be filed against John?

Accepted Answer

John may be charged with trespassing as he entered the property without permission. It is not specified that he caused damage to the property or that he entered a restricted area, so criminal mischief or illegal entry charges may not apply.

Question 15

The mens rea for arson varies by statute, but typically requires what element?

Accepted Answer

The mens rea for arson typically requires intent and knowledge. Arson is a deliberate act of setting fire to property, and thus, the person committing the act must have the intent to do so and the knowledge that their actions could potentially cause harm. Reckless and negligent conduct without intent may constitute a different crime such as reckless endangerment or criminal mischief.

Question 16

A person who forcibly enters a building or enters an unlocked building without approval with the intent to commit a felony inside the building may be charged with what crime?

Accepted Answer

Burglary is defined as the act of breaking and entering into a building with the intent to commit a felony or theft. The key element in this crime is the intent to commit a felony, which distinguishes it from the lesser charge of trespassing. Theft and invasion are not the appropriate charges for this type of crime.

Question 17

A person who enters another's property without the express consent of the owner may be charged with what crime?

Accepted Answer

Trespassing is the crime of entering and remaining on someone else's property without permission or consent from the owner. It is considered a criminal offense and can result in fines, imprisonment, or both. Unlawful entry and burglary may be applicable in certain circumstances, but trespassing is the most appropriate and general charge for entering another's property without permission.

Question 18

In Maine, if a person that is not licensed or privileged to enter a cemetery or burial ground at anytime after ½ hour after sunset and ½ hour before sunrise on the following day that person may be charged with what crime?

Accepted Answer

According to Maine law, a person who is not authorized to enter a cemetery between ½ hour after sunset and ½ hour before sunrise may be charged with criminal trespass. Desecration of a grave is a separate offense that involves the intentional disturbance or destruction of burial markers or human remains. Illegal access to a cemetery is not a specific offense under Maine law.

Question 19

A person is guilty of arson in the fourth degree when he recklessly damages a building or motor vehicle by intentionally starting a fire or causing an explosion is the fourth degree classification of arson in what state?

Accepted Answer

The description given matches the definition of fourth degree arson in New York Penal Code Section 150.05. Other states may have different classifications and definitions for arson offenses.

Question 20

What is the practice of posing as other individuals in an effort to obtain passwords and other privileged information?

Accepted Answer

The practice described is called social engineering. It involves manipulating people into performing certain actions or divulging confidential information. This can be done through methods such as pretexting, phishing, and baiting.

Quiz 10: Property Damage and Invasion