Exam 10: Property Damage and Invasion

So long as it does not include intentional burning or exploding, almost any form of damage, defacement, or destruction of property qualifies as criminal destruction.

Discuss the elements of trespassing. Compare typical trespass actions to people who legally enter a home or business and then hide until others think they have gone and the legal right of entry has been removed based on time or general knowledge that the right no longer may be assumed. What elements of trespassing apply to both of these situations? Give examples of both situations and discuss why a person would resort to either method.

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

Although a felony offense, burglary is not considered that serious of a crime because most burglaries do not endanger human life.

The Texas criminal mischief statute covers actions that could be considered vandalism.

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?

Vandalism and criminal mischief are always considered two separate crimes instead of one being a form of the other.

The intentional burning of an occupied dwelling that leads to loss of life could result not just in an arson prosecution, but also one for aggravated assault.

A number of cities in America criminalize the mere _________________ of graffiti-related tools.

Surreptitious remaining

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

Compare the crimes of criminal mischief and vandalism. How are the two very similar? What separates the two crimes in most instances? How have various jurisdictions dealt with acts of vandalism? Criminal mischief? What innovative approaches have been taken in areas where graffiti is typically common?

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

The Model Penal Code defines the actus reus of arson as, simply, starting a fire or causing an explosion.

Adam is fired from a publishing company for sexual harassment. In retaliation, Adam forces entry into the company warehouse and set numerous pipe bombs rigged on small propane tanks to ensure rapid spreading of flames. Each bomb has a timer set to go off at midnight. One of the warehouse employees is working late in a back room of the warehouse, but does not see Adam setting the bombs. Adam leaves the warehouse and drives to the airport where he boards a plane to develop a cover to enable him to claim that he was not in the area at the time of the fire. At midnight each bomb explodes igniting the propane tanks. Within minutes the entire structure is engulfed in flames. The warehouse employee never had a chance as he succumbed to the flames and noxious fumes. Additionally, the explosives created a power outage through a neighborhood including 5000 homes and business. Five other people died because of the lack of electricity required to keep life-saving equipment in operation. Investigators are able to identify Adam as the suspect based on recreation of the crime scene and piecing together all of the explosives, timers, and propane tanks. What charges will be filed against Adam? Since he was unaware that anyone was in the warehouse, will that influence his charges? What about the five people who died because of the power outage? Will Adam be charged with those deaths?

One primary example of cybercrime comes from what source?

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?

The mens rea of arson varies by statute, but typically requires an element of _______ or knowledge.

Sam has the ability to hack into other computers through the use of the Internet to obtain email addresses of everyone listed in those computers. Sam uses these email addresses to create false contact with people listed in the email data list. Through this false contact Sam is able to gain personal information from people on the list who think they are giving the information to a personal friend. This practice is known as __________________.

Cybercriminals may seek to corrupt data; disrupt equipment; threaten system reliability; disseminate viruses, worms, or malware; launch botnets; steal sensitive information; and otherwise cause widespread havoc.