Deck 8: Property Crimes

Question 1

Arson at common law consisted of the burning of one's own dwelling in order to defraud an insurance company.

Answer 1

False

Question 2

Only a few states now have statutes broadening the scope of common-law larceny.

Answer 2

False

Question 3

At common law, the offenses of larceny and robbery were general-intent crimes.

Answer 3

False

Question 4

Modern arson statutes typically expand on the common-law definition of arson by making it unlawful to cause fire or explosion damage to a structure irrespective of whether it is a dwelling.

Question 5

A defendant is prosecuted for burglary under a modern state statute.The evidence reveals that he merely stuck his foot in the door and kicked the homeowner.He defends on the ground that he had not made a sufficient entry.Defendant will likely be successful in his defense.

Question 6

Because penalties for theft are graded according to the value of items stolen, prosecutors must produce evidence to prove the value of goods or services stolen.

Question 7

Under the English common law, burglary was a felony involving the breaking and entering of a dwelling during either day or night with the intent to commit an offense therein.

Question 8

Carjacking is strictly a federal offense, but has not yet been criminalized by the states.

Question 9

As the common law developed, personal property generally consisted largely of intangible items.

Question 10

Extortion is often referred to as "blackmail."

Question 11

Sally gave her mechanic a check for $300 in payment for car repairs.The bank dishonored her check because her account balance was less than $200.Sally could be prosecuted for uttering a forged instrument.

Question 12

The value of the property taken does not usually affect the degree of the crime of robbery, as it does that of theft.

Question 13

A defendant could be convicted of larceny under the common law for wrongful appropriation of personal even if there was no intent to permanently deprive the owner of that property.

Question 14

At common law, obtaining property by false pretenses was a misdemeanor that involved obtaining wares or merchandise of another with the intent to cheat or defraud that person.

Question 15

Most states have laws criminalizing the mere possession of burglar's tools.

Question 16

In a prosecution for theft, a defendant may not raise the defense of mistake of fact.

Question 17

Today, for there to be a burglary, the unlawful entry must take place at night.

Question 18

The offenses of embezzlement and false pretenses were both received as part of the common law by the new American states.

Question 19

A mere trespass to land or personal property was not a crime at common law unless it was committed forcibly or maliciously.

Question 20

At common law, extortion was defined as the fraudulent making or alteration of a document to the prejudice of another man's right.

Question 21

Nelly is a bank teller.She has manipulated the bank books by diverting funds belonging to the bank into her own account and has withdrawn those funds.Upon discovery by the bank, she will most likely be charged with _____________.

A)false pretenses
B)receiving stolen property
C)embezzlement
D)none of these

Question 22

One who produces counterfeit securities with the intent to defraud a potential buyer of same would be guilty of the crime of _________.

A)malicious mischief
B)robbery
C)extortion
D)forgery

Question 23

Most states define _______ much as did the common law, however, many now classify the offense by degrees depending on whether the accused is armed, the extent of force used or injury inflicted and, in some instances, the vulnerability of the victim.

A)stalking
B)extortion
C)robbery
D)none of these

Question 24

Since the 1970s the trend has been for the states to replace their disparate statutes defining various aspects of stealing with an omnibus statute prohibiting ________ in comprehensive terms.

A)theft
B)robbery
C)fraud
D)none of these

Question 25

Joey bought a ticket to the Sugar Bowl game in New Orleans.Joey had a car but did not have enough money to buy the gasoline for the trip to the game.He stopped at an old-fashioned "full service" gas station near Birmingham and said to the attendant "Fill 'er up." The sign at the station said "No credit." The moment the attendant finished pumping the gas into Joey's car, Joey sped off without paying.On these facts the state of Alabama charged Joey with robbery.Which of the following statements indicates the most likely outcome of Joey's trial?

A)Joey would be convicted of robbery since he carried away personal property of another in a forceful manner.
B)Joey would likely be convicted of theft.
C)Joey would likely be convicted of burglary on the basis that he entered the station with the intent to commit a felony therein.
D)Joey would likely be found not guilty of any crime because there was insufficient evidence from which the jury could infer that he harbored a criminal intent.

Question 26

In the United States all jurisdictions have enacted statutes to eliminate the common-law requirement that the offense of _________ take place in the nighttime.

A)burglary
B)robbery
C)extortion
D)none of these

Question 27

Theft statutes usually classify the seriousness of the offense based on the _____ of the goods that are stolen.

A)age
B)original purchase price
C)sentimental value
D)market value

Question 28

Statutes commonly impose enhanced punishment for burglary of a ________.

A)business
B)church
C)school
D)dwelling

Question 29

Which one of the following is not a federal crime?

A)Unlawfully taking the contents of a vehicle moving in interstate commerce.
B)Obtaining lodging at a motel while attending a federal employees' convention with no intention of paying the motel charges.
C)Converting to one's own use property records of the U.S.Dept.of Interior.
D)Embezzlement of funds in connection with a federal Medicare program.

Question 30

Most jurisdictions have enacted statutes making it a crime to burn any property with the intent to defraud an insurance company, usually requiring the prosecution to prove _______________.

A)the defendant's specific intent to defraud
B)that the property was completely destroyed
C)that the defendant's insurance policy was currently in effect
D)none of these

Question 31

Altering grades on a college transcript might cause one to be prosecuted for _____.

A)malicious mischief
B)embezzlement
C)extortion
D)none of these

Question 32

The offenses of embezzlement and false pretenses were created originally by _____.

A)Congress
B)the English courts
C)Parliament
D)none of these

Question 33

In a prosecution for grand theft of the first or second degree the state must prove the value of the goods stolen.Which of the following are relevant in determining value?

A)the original cost of the goods
B)the manner in which the goods have been used
C)the condition of the goods
D)All of these

Question 34

At common law, forgery was _________________.

A)not an offense
B)a tort
C)a felony
D)a misdemeanor

Question 35

At common law, one wrongfully deprived of property was entitled to recover damages for the tort of ____.

A)false pretenses
B)animus furundi
C)caveat emptor
D)conversion

Question 36

Federal law treats counterfeiting of government bonds as ________.

A)forgery
B)robbery
C)extortion
D)embezzlement

Question 37

Jacqueline sends an email to Patrick, threatening to "spread the word around town" that he is a carrier of the AIDS virus unless he sends her the $1,000 she needs to pay her gambling debts.Jacqueline may be prosecuted for _________________.

A)bribery
B)perjury
C)false pretenses
D)extortion

Question 38

Which of the following is not an example of forgery under modern criminal statutes?

A)A student alters his grades on an official college transcript submitted to a graduate school.
B)A woman signs her husband's former wife's name to a deed conveying land without the former wife's permission.
C)A husband signs his wife's name to a check on his wife's checking account with his wife's permission but without a signed power of attorney required by the bank.
D)A man prints bogus tickets to a college football game with the intent to sell them.

Question 39

A statute making it an offense to burn a structure with the intent to defraud an insurer is an example of a _________ statute.

A)strict liability
B)general-intent
C)specific-intent
D)None of these

Question 40

In an attempt to "get even" with his ex-girlfriend, Mike breaks the window of her bedroom and hides in her closet with an intent to sexually assault her when she arrives.Of which of the following offenses would Mike be guilty?

A)sexual assault
B)burglary
C)disorderly conduct
D)none of these

Question 41

In order to convict a person of possession of burglar's tools where that person has possession of common household tools such as screwdrivers and ice picks, the prosecution must prove ____.

A)the defendant's intent to use the tools for burglarious purposes
B)only that such tools could be used to gain entry to a structure
C)that such tools had recently been borrowed from a neighbor
D)that similar tools had been used in recently burglaries in the area

Question 42

The common-law offense of burglary protected not only the dwelling house but also the buildings within the _________, i.e., the enclosure that typically included the cookhouse and other similar structures.

Question 43

The common law defined ___________ as the wrongful taking and carrying away of the personal property of another with intent to permanently deprive the owner of the property.

Question 44

The offense of _________ takes place when a person who has lawful possession of another's property wrongfully appropriates that property.

Question 45

Milo has stolen a lawnmower from a storage shed behind a neighbor's house.Because the shed was within the curtilage of the home, the most serious offense Milo has committed is ____.

A)trespass
B)burglary
C)arson
D)theft

Question 46

Many states simply define robbery as did the common law; others classify it according to degree, with the seriousness of the offense usually based on whether the assailant is armed, the degree of force used, and the __________ of the victim.

Question 47

Another term for the offense of malicious mischief is ______.

Question 48

One who makes a purchase through use of a stolen or otherwise fraudulently obtained credit card may be found guilty of _________ under most modern state statutes.

Question 49

The common law defined __________ as a felony consisting of (1) a taking of personal property (2) from another person's possession (3) by force or placing a person in fear (4) with the intent to permanently deprive the victim of the property.

Question 50

While playing softball in his back yard, Maurice hits the ball over the fence and shatters a neighbor's window.Upon the neighbor's complaint to the police, Maurice would likely be charged with ______.

A)trespass
B)extortion
C)malicious mischief
D)none of these

Question 51

Which of the following does NOT represent an extension of the crime of arson under modern American statutes?

A)Defining the offense of arson to include commercial buildings.
B)Including vehicles in the definition of the offense of arson.
C)Providing that use of explosives to damage a structure constitutes arson.
D)Treating all instances of malicious mischief as arson if they are directed at someone's home.

Question 52

The gist of the modern offense of ________ is obtaining something of value from someone by threatening to expose the victim to some form of injury, embarrassment, or disgrace.

Question 53

One who forcibly and with intent to cause bodily harm takes someone else's automobile that was shipped in interstate commerce may be charged with the federal offense of __________.

Question 54

According to federal law, "Whoever, with the intent to cause death or serious bodily harm takes a motor vehicle that has been transported, shipped, or received in interstate or foreign commerce from the person or presence of another by force and violence or by intimidation or attempts to so…" has committed the offense of __________.

A)grand theft auto
B)armed robbery
C)carjacking
D)petty larceny

Question 55

At the time the United States was founded, the common law recognized two theft offenses: larceny and ___________.

Question 56

The most basic common-law offense against the possessory interests of another's personal property was _________.

Question 57

At common law, ____________ consisted of taking another's personal property from the other person's possession or presence by force or by placing the person in fear, with the intent to permanently deprive the other person of that property.

Question 58

Parliament enacted the offense of _________ in 1799, too late to be received by the new American states as part of the common law.

Question 59

At common law, the "taking" element of the offense of larceny was called the ______.

Question 60

At common law, larceny required proof of a wrongful taking and carrying away of another's personal property, whereas ________ referred to servants and others with a fiduciary relationship wrongfully converting assets.

Question 61

The fact that Sally was invited into the home is:

A)irrelevant as a defense to burglary.
B)relevant to reducing a burglary charge to theft.
C)is the key reason for eliminating any chance of a robbery charge.
D)a defense to a charge of theft.

Question 62

Draft a model robbery statute that classifies robbery by degrees.

Question 63

The act of changing the amount on the check received for fire damage on the house would most likely result in Tommy being charged with:

A)embezzlement
B)forgery
C)extortion
D)arson

Question 64

Federal law provides that "[w]hoever, with intent to defraud, falsely makes, forges, counterfeits, or alters any obligation or other security of the United States" commits _________.

Question 65

The threats made toward Sally would most likely land Tommy a charge of:

A)embezzlement
B)false pretenses
C)extortion
D)robbery

Question 66

What property interests are protected by modern statutes proscribing arson?

Question 67

Bernie acquired Charlie's wallet by means of:

A)burglary
B)robbery
C)theft
D)embezzlement

Question 68

If Tommy spray painted threats on Sally's door, he might also face a charge of:

A)malicious mischief
B)burglary
C)extortion
D)assault

Question 69

At common-law, wrongfully/willfully damaging someone else's property was called ___________.

Question 70

Most states have laws making it a crime to burn any property with the intent to defraud an insurance company, usually requiring the prosecution to prove the defendant's __________ to defraud.

Question 71

In most jurisdictions, the value of the wallet and the money contained therein would be relevant to which of the following charges?

A)robbery
B)burglary
C)theft
D)embezzlement

Question 72

Let's say that Sally had also waited outside the house for Tommy to flee from the fire, and then brandished a gun to steal a gold watch that Tommy was wearing.The acquisition of the watch in this fashion would constitute:

A)burglary
B)robbery
C)false imprisonment
D)stalking

Question 73

Had Bernie struck Charlie in the head and knocked him unconscious before taking his wallet, he would have been guilty of:

A)burglary
B)robbery
C)mayhem
D)extortion

Question 74

Compare the scope of the common-law definition of larceny with the typical modern omnibus theft statute.What other common-law offenses are subsumed under the modern theft statute?

Question 75

Federal law makes _________ a crime by stipulating that "[w]hoever, with the intent to cause death or serious bodily harm, takes a motor vehicle that has been transported, shipped, or received in interstate or foreign commerce from the person or presence of another by force and violence or by intimidation or attempts to so..." is guilty of a felony.

Question 76

The offense known as _________________ occurs when a person knowingly delivers a forged check to someone in exchange for cash or merchandise.

Question 77

Sally's intention to start only a small fire is:

A)unlikely to eliminate a charge of arson.
B)likely to eliminate a charge of arson.
C)relevant for eliminating a key element of burglary.
D)relevant for eliminating a key element of robbery.

Question 78

Describe three common examples of forgery.

Question 79

How have modern statutes expanded the common-law offense of burglary? Does the concept of curtilage still play a significant role in the law defining burglary?

Question 80

If he were not authorized to do so, Tommy's act of transferring money from his business partnership account without the knowledge of his partner in order to pay his lawyer could be construed as:

A)robbery
B)false pretenses
C)extortion
D)embezzlement