Deck 8: Crimes Against Habitation

Question 1

Which of the following is not an element of the crime of burglary?

A) The act of breaking
B) At nighttime only
C) With intent to commit a felony therein
D) Entry

Answer 1

B

Question 2

Which of the following is true about the crime of burglary?

A) It is viewed as a relatively benign crime
B) It is considered only a property crime
C) It is a crime that stands alone and is seldom coupled with another charge
D) In addition to being a property crime it can include more persons type crimes such as robbery and rape

Answer 2

D

Question 3

Within the meaning of burglary, what does breaking mean?

A) Crossing the plane of permissible usage, such going beyond certain physical barriers
B) Breaking something, like glass or wood
C) Breaking at nighttime only
D) Any infringement on property

Answer 3

A

Question 4

For the purpose of burglary, when can a breaking not occur?

A) When one has a right, privilege or license to be on the premises
B) Breaking into public building during normal business hours
C) During the daytime
D) All of the above
E) A & B only

Question 5

To what extent has the U.S. Supreme Court recognized stolen items from a burglary schemes as evidence of the burglary?

A) It is insufficient to prove intent of the burglary
B) It is sufficient to prove the intent of the burglary
C) It is only sufficient to prove intent of the burglary when combined with possession of burglar tools
D) The U.S. Supreme Court has not ruled on this matter

Question 6

Which of the following is true concerning the relationship between time of day and the crime of burglary?

A) Historically, in common law, burglaries required nighttime breaking and entry
B) The time of day is irrelevant to the basic elements of the crime of burglary
C) Some states grade the level of the severity of the burglary, making nighttime burglary a more serious crime
D) All of the above

Question 7

Which of the following are considered aggravating factors by some states for the crime of burglary?

A) Breaking into businesses
B) Carrying a firearm during the burglary
C) Burglarizing with the intent to commit a felony
D) Stealing items of high value

Question 8

One popular change to the burglary statutes designed by various states, relating to the place where the burglary takes place, has been to define the location of the burglary as

A) Homes
B) Curtilage, to include building therein, including property located on the cartilage
C) Occupied structures
D) Only buildings

Question 9

The Mens Rea analysis of the crime of burglary focuses on which of the following?

A) Specific proof of the motive for the burglary
B) Strict liability of the breaking aspect of the crime
C) The intent to commit a felony crime as part of the burglary
D) The mere damage involved in the breaking shows intent

Question 10

What is the major difference between the crimes of burglary and criminal trespass?

A) There is a different type of intrusion required for criminal trespass
B) There is not an intent to commit a felony crime in criminal trespass
C) There is a different type of entry required for criminal trespass than is more specific than burglary
D) Criminal trespass lacks the requirement to determine motivation to establish intent for the crime

Question 11

Which of the following is one of the unique aspects of the crime of criminal trespass?

A) Knowledge of property owners intent to forbid entry is not required
B) Placing notices to anticipate the defense of lack of knowledge the offender
C) The intent of the property owner is the critical element not the intent of the offender
D) Criminal trespass is essentially the same as burglary, just with lesser penalties

Question 12

What is the required intent for the crime of arson?

A) Specific intent
B) General intent
C) Limited intent
D) Strict liability

Question 13

Which of the following is not a true statement about the motivations for arson?

A) Homicidal intent is one motive for arson
B) Sexual stimulation seldom is a motivating factor for arson
C) Fire is a means of intimidation
D) Fire as a sign of vengeance and jealousy

Question 14

To sustain a charge of arson, to what extent must there be fire at the location of the arson?

A) The slightest burning of any part of the structure
B) Fully engulfing flames is required
C) Fire an smoke that causes total destruction of the structure
D) The fire must include at least 50% destruction of the structure

Question 15

For the purpose of proving arson, how does the Model Penal Code consider explosions?

A) Explosions do not qualify as arson
B) Explosions are insufficient to prove arson unless there was significant fire preceding the explosion
C) Explosions qualify as arson
D) Explosions with no accompanying fire is not arson

Question 16

The change of occupied structure in arson laws is an attempt to expand the locations arsons occur, to include what types of structures?

A) Homes
B) Cars
C) Boats
D) Commercial establishments

Question 17

What is the intent required for the crime of criminal mischief?

A) Specific intent
B) General intent
C) Limited intent
D) Strict liability

Question 18

The crime of criminal mischief typically includes which of the following?

A) Damage to homes only
B) Damage to commercial establishments
C) Damage, defacement, or destruction of property
D) Fire at places other than homes

Question 19

Institutional vandalism statutes that have been crafted by legislatures intend to prohibit what conduct?

A) Vandalism of churches, synagogues, cemeteries, and similar facilities
B) Damage within prisons caused by inmates
C) Damage to federally protected land such as forests
D) Areas protected by special legislation

Question 20

Curtilage refers to which of the following?

A) The area around a commercial establishment
B) Area around religious institutions
C) Area around homes
D) Farm land

Question 21

Which of the following is an example of "breaking" into a home?

A) Jimmied door
B) Broken pane of glass
C) Ripped screen door
D) All of the above

Question 22

Which of the following is an example of a motive for committing the crime of arson?

A) Fire as a senseless destruction
B) Fire as a sign of jealously
C) Fire as a means of intimidation
D) All of the above

Question 23

What which of the following can be defined as curtilage?

A) Restaurant
B) Yard
C) Greenhouse
D) None of the above

Question 24

Which of the following is not an element of criminal trespass?

A) With intent to commit a felony therein
B) In a qualified structure
C) Intent to enter (break into)
D) Without license or privilege

Question 25

Institutional vandalism cannot occur at what place?

A) Community center
B) Business
C) Private residence
D) Synagogue

Question 26

In Taylor v. U.S., the U.S. Supreme Court labeled burglary as an act of either actual violence or potential violence.

Question 27

Modern burglary statutes retain the requirement for physical breaking to have the crime of burglary.

Question 28

Crossing the plane of permissible usage as a definition of the breaking component of the crime of burglary is a common law perspective.

Question 29

For the purposes of a burglary charge, a breaking, in a any sense of the term, cannot occur when on has the right, privilege or license to be on the premises.

Question 30

An employee, who surreptitiously accesses a place of employment, after his shift and hours are over, now perpetrates the crime of burglary if his or her intent is to commit a felony.

Question 31

Hotel rooms are not subject to burglary laws because of the limited occupancy of the room leaves no expectation of privacy.

Question 32

The U.S. Supreme Court has ruled that the simple possession of stolen items from a burglary scheme has held sufficient to prove the intent to burglary despite the lack of direct proof.

Question 33

Without entry, a burglary charge is not possible.

Question 34

All states have fashioned burglary laws to exclude unlawful entry of motor vehicles, trucks, boats, airplanes as burglary.

Question 35

Burglary is exclusively a nighttime offense.

Question 36

Some states have aggravating factors for burglary, such as using a firearm during a burglary, which enhances penalty for the crime.

Question 37

For the crime of burglary, after the offender enters the building, the crime he intends to commit must be completed to have a burglary instead of a criminal trespass.

Question 38

Some states, so as to not allow the merging of a burglary charge into the underlying felony that was the intent of the burglary, have enacted what are termed "anti-merger laws" to avoid such a diminishing of the burglary charge.

Question 39

In the crime of criminal trespass, unlike burglary, the crime is complete with the intrusion onto the property the offender had not legal right or privilege to enter in or upon.

Question 40

For a person to commit the crime of criminal trespass it is a requirement the property owner must explicitly place warning signs on the property to place all on notice that they are unwelcome.

Question 41

The crime of criminal trespass requires only applies to open land not buildings.

Question 42

Arson is a specific intent crime.

Question 43

In addition to arson including the use of fire to destroy property, explosions also qualify.

Question 44

For the crime of arson to be complete requires burning of any part of the structure, no matter how slight.

Question 45

Criminal mischief is a specific intent crime.

Question 46

The crime of criminal mischief requires that the damage be done to a structure such as a house.

Question 47

Some legislatures have enacted laws that prohibit vandalism to specific types of structures, such as churches.

Question 48

A person breaks and enters solely for the purpose of theft.

Question 49

A breaking, in any sense of the term, cannot occur when one has the right, privilege, or license to be on the premises.

Question 50

Without entry, a burglary remains a factual and legal impossibility.

Question 51

In trespassing, the motive rests in intrusion alone.

Question 52

Motivation or purpose in arson is strictly economic.

Question 53

A barn does not qualify as an occupied structure.

Question 54

Modern arson definitions include more than actual fire as the proof of the arson. .

Question 55

Vandalism on a church could possibly evolve into a hate crime depending on its content.

Question 56

A habitation is the place where an individual has a fixed or permanent home for legal purposes.

Question 57

Criminal mischief and vandalism while closely aligned are distinct offenses.

Question 58

Burglary covers what types of structures?

Question 59

What are the major differences between the crimes of burglary and criminal trespass?

Question 60

What are the common motives for arson?

Question 61

How much damage is necessary for the crime of arson?

Question 62

Besides fire, what another events can qualify for the crime of arson?

Question 63

What factual circumstances might differentiate arson from criminal mischief?

Question 64

What is institutional vandalism? How does this differ from criminal mischief?

Question 65

What is a qualified structure for the crime of arson?