Deck 12: Burglary, Trespass, Arson, and Mischief

Question 1

______ at common law was defined as the breaking and entering of the dwelling of another at night with the intent to commit a felony.

A) Burglary
B) Trespass
C) Arson
D) Malicious mischief

Answer 1

A

Question 2

______ is defined as the "consuming of the material" of the house.

A) Burning
B) Vandalizing
C) Stealing
D) Trespassing

Answer 2

A

Question 3

______ burglary statutes generally list various circumstances as deserving enhanced punishment, including nighttime burglary of a dwelling or possession of a dangerous weapon.

A) Aggravated first-degree
B) Second-degree
C) Third-degree
D) Least serious grade

Answer 3

A

Question 4

______ burglary typically involves entry with the intent to commit a misdemeanor or non-violent felony.

A) Aggravated first-degree
B) Second-degree
C) Third-degree
D) Least serious grade

Question 5

Criminal mischief includes damage to all of the following EXCEPT ______.

A) personal property
B) tangible property
C) intangible property
D) real property

Question 6

When an individual knowingly enters or remains on the premises after receiving notice that he or she is trespassing it is referred to as ______.

A) criminal trespass
B) defiant trespass
C) computer trespass
D) felony trespass

Question 7

The mens rea of arson is ______.

A) negligence
B) hatred
C) malice
D) dislike

Question 8

Malicious mischief under most statutes is a ______ and the punishment is reduced or increased based on the dollar amount of the damage.

A) misdemeanor
B) reckless felony
C) minor felony
D) aggravated misdemeanor

Question 9

All of the following are considered to be interests protected by the crime of burglary EXCEPT ______.

A) home
B) personal property
C) safety
D) escalation

Question 10

______ is defined as the destruction of, or the damage to, the personal property of another.

A) Burglary
B) Trespass
C) Arson
D) Malicious mischief

Question 11

______ is the land and buildings surrounding a dwelling.

A) Property
B) Curtilage
C) Ownership
D) Acreage

Question 12

A central requirement of the common law of burglary is that the crime is committed ______.

A) at night
B) in the morning
C) in the afternoon
D) at any time of the day

Question 13

The common law limited burglary to a ______.

A) garage
B) place of business
C) dwelling house
D) ship containers

Question 14

______ trespass is the unauthorized entry or remaining on the land or premises of another.

A) Criminal
B) Defiant
C) Computer
D) Felony

Question 15

______ entails an unauthorized entry and unlike burglary, there is no requirement that the intruder intend to commit a felony.

A) Criminal trespass
B) Defiant trespass
C) Arson
D) Malicious mischief

Question 16

Which aspect of common law burglary has been completely eliminated in current legal codes?

A) breaking and entering
B) of the home of another
C) at nighttime
D) with the intent to commit a felony

Question 17

Common law ______ is defined as the willful and malicious burning of the dwelling of another.

A) burning
B) vandalizing
C) arson
D) mischief

Question 18

All of the following are considered as the actus reus of criminal mischief EXCEPT ______.

A) destruction or damage to tangible property
B) tampering with tangible property so as to endanger a person or property
C) deception or threat causing a financial loss
D) removal of property

Question 19

All of the following are considered to be a grading of arson EXCEPT ______.

A) aggravated
B) malicious
C) misdemeanor
D) reckless

Question 20

All of the following are considered to be degrees of trespassing EXCEPT ______.

A) first-degree criminal trespass
B) second-degree criminal trespass
C) third-degree criminal trespass
D) misdemeanor trespass

Question 21

Tyson was in the process of having his dream home built. He waited his entire life to save the kind of money it took to buy property and design a home. Unfortunately, there was a fire at the construction site overnight. There were no workers present. It is suspected that some drifters saw the location as temporary shelter as they were passing through the area. They likely build a fire to stay warm and left without putting the fire out. If this theory is correct, can the individuals who started the fire be charged with arson under the common law standards?

A) Yes, the presence of soot is enough to charge arson.
B) Yes, arson is a strict liability offense.
C) No, aggravated arson is more appropriate.
D) No because the building was still under construction and not yet a dwelling.

Question 22

May a property owner keep police or firefighters from entering land or pursue criminal charges against them as trespassers?

A) No, emergency personnel are privileged to enter any land or premises.
B) Only police may enter he land when in hot pursuit.
C) Only firefighters may enter the land when faced with a present emergency.
D) Yes, a property owner can opt out of receiving emergency services and can then charge emergency personnel with trespassing.

Question 23

According to the Model Penal Code, what type of intent is required for arson?

A) general
B) strict
C) specific
D) malicious

Question 24

Which of the following is property to which criminal mischief does not apply?

A) a library
B) a car
C) movie rights to a book
D) a barn

Question 25

Jamie invited her friend Tabitha to come apartment sit while she and her boyfriend went away for the weekend. Jamie told Tabitha she would leave the apartment unlocked and to arrive sometime before Friday night. Tabitha had never been to Jamie's apartment but had the address written down. If Tabitha enters the wrong apartment mistakenly and spends the night there without the consent of the legal occupant, what crime may she be charged with?

A) burglary
B) trespass
C) criminal mischief
D) none of these

Question 26

Travis and Greg both were convicted of criminal mischief. They received vastly different sentences. What explains the disparity in their sentences?

A) Punishment is reduced or increased based on the dollar amount of damages.
B) Punishment is reduced or increased based on the mental suffering of those involved.
C) Aggravating and mitigating factors.
D) Punishment was based on the plea bargain.

Question 27

Which of the following does not satisfy the requirement for common law arson?

A) a negligent and involuntary burning
B) an involuntary burning and willful burning
C) a willful burning and malicious burning
D) a malicious burning and voluntary burning

Question 28

At common law, what must occur in a structure in order for it to be considered a dwelling for purposes of burglary?

A) The residents must be present inside at the time the burglar entered.
B) Two or more people must reside in the structure.
C) Sleep must occur in the structure.
D) The residence must be fully furnished with personal property.

Question 29

The mens rea for criminal mischief is which of the following?

A) purposely
B) recklessly
C) purposely or recklessly
D) knowingly

Question 30

Dwelling of another relies on ______.

A) ownership rather than occupation
B) ownership rather than residence
C) occupation rather than ownership
D) occupation rather than residence

Question 31

Because breaking and entering at night is an aggravated form of burglary statutes attempt to define nighttime. Which of the following statements correctly states the typical rule?

A) 6 P.M. to 9 A.M.
B) between sunset and sunrise
C) 30 minutes before sunset to 30 minutes after sunrise
D) 1 hour after sunset to 1 before sunrise

Question 32

Which example of trespassing would carry the most severe sentence?

A) entering the dwelling of another
B) entering an enclosed building
C) entering unenclosed land
D) they are all equal

Question 33

Jason entered a home through an unlocked front door with the intention of taking valuables. Can he be charged with a crime?

A) No, he did not break anything in order to enter the house.
B) No, providing the home was empty upon his entrance.
C) Yes, modern statutes no longer require a breaking and simply look to an unlawful entry.
D) Yes, modern statutes require a breaking as well as unlawful entry.

Question 34

All of the following are acts that compose criminal mischief according to the Model Penal Code EXCEPT ______.

A) removing a stop light
B) injury to property from a flood
C) tricking an individual into spending money unnecessarily
D) striking a pedestrian on purpose

Question 35

Tara returned home one evening to find smoke residue on the inside of her home. There was a film on her walls as if there had been a fire (although there was no visible fire damage) or someone had funneled smoke into her home while she was away. If it is determined that the smoke residue was caused by another individual, what criminal charge may be appropriate?

A) burglary or trespass because there was no fire damage in order to charge arson
B) trespass
C) arson
D) no criminal charges

Question 36

Criminal trespass requires unauthorized entry, but unlike burglary, there is no requirement that the intruder intended to ______.

A) steal
B) vandalize
C) unlawfully remain
D) commit a felony

Question 37

Can a tenant be charged with arson for setting fire to his apartment under common law standards?

A) Yes, if the landlord wishes to press charges.
B) Yes, if damages amount to at least the statutory minimum of $1,000.00.
C) No, because the central issue is occupancy rather than ownership this is not the "dwelling of another."
D) No, because the building was still under construction and not yet a dwelling.

Question 38

When considering burglary, what is the requirement for breaking and entering?

A) Any form of breaking and entering is sufficient.
B) Breaking must be the means of entering.
C) Breaking must be a separate occurrence.
D) As long as there was breaking, it does not matter where the entrance was committed.

Question 39

Entry for a burglary must be ______, or without consent.

A) trespassory
B) malicious
C) reckless
D) purposeful

Question 40

Under modern statutes, all of the following are sufficient to satisfy the "burning" requirement of arson EXCEPT ______.

A) actual flames
B) soot
C) smudging
D) flammable materials

Question 41

The actus reus of criminal trespass is the entering or remaining on another person's property with or without his or her permission.

Question 42

Burglary is a distinct offense and does not merge into an underlying offense.

Question 43

Statutes typically decrease the penalty for crimes against habitation.

Question 44

According to common law, a dwelling is a structure that may be used for purposes including, but not limited to, sleeping.

Question 45

Most statutes still limit burglary to dwelling houses.

Question 46

The common law required that individuals possess an intent to commit a felony within the dwelling at the time that they enter the building.

Question 47

The intent standard for burglary has been broadened under statutes to include any offense or a felony or misdemeanor theft.

Question 48

An entry only requires that a portion of an individual's body enters the dwelling.

Question 49

Crimes against habitation protect individuals' interest in safe and secure homes free from uninvited intrusions.

Question 50

Malicious mischief, under most statutes, is a misdemeanor.

Question 51

A recent development in the law of trespass is the felony of computer trespassing.

Question 52

The mens rea of common law of arson is hatred.

Question 53

The common law of arson requires a burning.

Question 54

Arson is no longer a crime that protects the home.

Question 55

Common law burglary requires a "breaking" to enter the home by a trespasser.

Question 56

Modern statutes have eliminated the requirement that the arson must be directed at the dwelling of another.

Question 57

Today, state statutes require that a burglary is committed at night.

Question 58

Criminal trespass entails an authorized entry and there is a requirement that the intruder intend to commit a felony.

Question 59

The burning of a dwelling is referred to as ______.

A) burglary
B) trespass
C) arson
D) malicious mischief

Question 60

Arson is treated as a felony based on the danger posed to inhabitants and neighbors.

Question 61

How is punishment determined for malicious mischief?

Question 62

What is malicious mischief?

Question 63

What is the difference between aggravated burglary and second-degree burglary?

Question 64

What is criminal trespassing?

Question 65

What is the common law definition of arson?

Question 66

What is the difference between burglary, trespassing, arson, and malicious mischief? Create a scenario for each of the definitions to support your answer.

Question 67

Chris's friends have dared him to remove a stop sign from a neighborhood. That evening, Chris walks through his ex-girlfriend's neighborhood and decides to take the stop sign at a busy intersection. The next morning, Chris read that there were four accidents at the site where he removed the sign. With what crime will Chris be charged? What are the three types of acts for this crime?

Question 68

Summarize and discuss the In Re Jesse L. case. What was the main issue being discussed? What were the findings in this case? Do you agree or disagree?

Question 69

Jenny and her friends decide it will be fun to burn down an abandoned building. One Friday evening, they arrive at the building, pour gasoline in and around the property, and set the building on fire. The fire spreads to a nearby home, killing two children inside. Jenny and her friends are arrested. With what crime will Jenny and her friends be charged? Will the prosecutor be successful in arguing that this is an aggravated offense? Why or why not?

Question 70

Mark entered into Carl's home and sat down on the couch to watch TV. When Carl came home, he had no idea who this man sitting on his couch was, so he called the police. The police arrived shortly and arrested Mark. With what crime will Mark be charged? What are the actus reus and mens rea of this offense? Would this charge be different if there had been signs that said Mark was not allowed on the property? Why or why not?

Question 71

Joey, a handyman, finishes a job in Mrs. Smith's home. Mrs. Smith is absentminded and typically forgets to close or lock all her doors. That night, as Joey was passing through her neighborhood, he sees the back door of Mrs. Smith's house wide open. He decides he wants to take some of the valuables he had seen while working there. He enters the house quietly, walks around, and realizes that no one is home. Joey walks to Mrs. Smith's bedroom only to find the bedroom door locked. He breaks the lock, kicks the door open, and goes through Mrs. Smith's drawers and jewelry box. He steals priceless jewels and family heirlooms totaling up to $25,000. Discuss and analyze this case under the common law of burglary.

Question 72

Why do we have crimes against habitation?

Question 73

One evening, Barney is walking through a neighborhood when he decides he is going to break into a home and steal belongings inside. Barney breaks a window and enters the home. Once inside, he takes more than $10,000 worth of property. While trying to escape Barney is arrested. With what crime will Barney be charged? What is the actus reus of this crime? What is the mens rea of this crime? Will the prosecutor be successful in arguing that this is an aggravated offense? Why or why not?

Question 74

An aggravating circumstance is whether or not the crime is committed at night.

Question 75

What is computer trespassing?

Question 76

Explain the difference between burglary and trespassing. Is there a situation where one could commit burglary without trespassing? If so, give an example. Is there a situation where one could commit trespassing without burglary? If so, give an example.

Question 77

Joey, a handyman, finishes a job in Mrs. Smith's home. Mrs. Smith is absentminded and typically forgets to close or lock all her doors. That night, as Joey was passing through her neighborhood, he sees the back door of Mrs. Smith's house wide open. He decides he wants to take some of the valuables he had seen while working there. He enters the house quietly, walks around, and realizes that no one is home. Joey walks to Mrs. Smith's bedroom only to find the bedroom door locked. He breaks the lock, kicks the door open, and goes through Mrs. Smith's drawers and jewelry box. He steals priceless jewels and family heirlooms totaling up to $25,000. Discuss and analyze this case under modern statutes of burglary.

Question 78

What is defiant trespassing?

Question 79

How is the common law definition of burglary different from modern statutes?