Deck 9: Crimes Against Property
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Deck 9: Crimes Against Property
1
Which of the following describes the mens rea of larceny?
A) the intent to permanently deprive another of the property
B) the intent to assert dominion over the property
C) the intent to remove chattel
D) the intent to commit asportation
A) the intent to permanently deprive another of the property
B) the intent to assert dominion over the property
C) the intent to remove chattel
D) the intent to commit asportation
A
2
An unauthorized entry onto the land or premises of another without the intent to commit a felony is the definition of which crime?
A) criminal trespass
B) burglary
C) defiant trespass
D) aggravated burglary
A) criminal trespass
B) burglary
C) defiant trespass
D) aggravated burglary
A
3
Which of the following is unlikely to be a form of grand larceny?
A) theft of a firearm
B) theft from the person of another
C) theft of an item valuing $50
D) theft from a home
A) theft of a firearm
B) theft from the person of another
C) theft of an item valuing $50
D) theft from a home
C
4
Circulating or using a forged document is the actus reus of which crime?
A) forgery
B) uttering
C) embezzlement
D) larceny by trick
A) forgery
B) uttering
C) embezzlement
D) larceny by trick
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5
Which of the following correctly describes the difference between robbery and extortion?
A) Robbery involves a threat of immediate violence, whereas extortion entails a threat of future violence or other harms.
B) Extortion requires use of force, whereas robbery does not.
C) Modern extortion must be committed by a public official, whereas robbery may be committed by a public or private individual.
D) The crime of extortion requires that the perpetrator act on the threat, whereas robbery may be accomplished by simply placing the victim in fear that a robbery will take place.
A) Robbery involves a threat of immediate violence, whereas extortion entails a threat of future violence or other harms.
B) Extortion requires use of force, whereas robbery does not.
C) Modern extortion must be committed by a public official, whereas robbery may be committed by a public or private individual.
D) The crime of extortion requires that the perpetrator act on the threat, whereas robbery may be accomplished by simply placing the victim in fear that a robbery will take place.
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6
Bill hired Dan, a local contractor, to do home renovations. Bill wrote Dan a $5,000 check as a deposit for Dan to begin the work. Two weeks later, Dan told Bill that he needed another $3,000 to purchase materials for the renovation and to hire subcontractors. Dan never started the renovations. Dan is guilty of which crime?
A) larceny
B) asportation
C) uttering
D) embezzlement
A) larceny
B) asportation
C) uttering
D) embezzlement
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7
Which one of the following elements is NOT part of larceny?
A) trespassory taking
B) taking personal property of another
C) an intent to defraud
D) possession of property of another
A) trespassory taking
B) taking personal property of another
C) an intent to defraud
D) possession of property of another
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8
Which of the following items are NOT considered to be tangible property? Includes items over which an individual is able to exercise physical control, such as jewelry, paintings, tools, crops and trees removed from the land, and certain domesticated animals.
A) car titles
B) jewelry
C) paintings
D) domesticated animals
A) car titles
B) jewelry
C) paintings
D) domesticated animals
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9
Which was the known case in which the English Parliament immediately responded by passing a law that held servants, clerks, and employees criminally liable for the fraudulent misdemeanor of embezzlement of property if they take a customer's property in possession?
A) People v. Gasparik
B) Rex v. Bazeley
C) Lee v. State
D) Batin v. State
A) People v. Gasparik
B) Rex v. Bazeley
C) Lee v. State
D) Batin v. State
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10
Which of the following crimes does NOT involve the involuntary transfer of property in which the perpetrator appropriates property of the victim without consent or consent is obtained by fraud?
A) larceny
B) embezzlement
C) false pretenses
D) false imprisonment
A) larceny
B) embezzlement
C) false pretenses
D) false imprisonment
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11
Which of the following elements are NOT central to the definition of embezzlement?
A) fraudulent
B) asportation
C) property of another
D) conversion
A) fraudulent
B) asportation
C) property of another
D) conversion
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12
Which one of the following elements is the actus reus of false pretenses?
A) falsely making or materially altering an existing document
B) an individual control the stolen property
C) the false representation of a fact
D) entering or remaining on another person's property without his or her permission
A) falsely making or materially altering an existing document
B) an individual control the stolen property
C) the false representation of a fact
D) entering or remaining on another person's property without his or her permission
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13
Which of the following elements is part of uttering?
A) presented as valuable
B) with the intent to defraud or deceive
C) known to be true
D) negligent intent
A) presented as valuable
B) with the intent to defraud or deceive
C) known to be true
D) negligent intent
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14
Which of the following elements is NOT part of forgery?
A) written with intent to defraud
B) a false document or material modification of an existing document
C) presented as authentic
D) negligent intent
A) written with intent to defraud
B) a false document or material modification of an existing document
C) presented as authentic
D) negligent intent
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15
Which one of the following factors does NOT distinguish between simple and aggravated robbery?
A) value of the property
B) level of fear
C) degree of dangerousness
D) level of anger
A) value of the property
B) level of fear
C) degree of dangerousness
D) level of anger
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16
Which one of the following aspects is NOT burglary at common law?
A) breaking and entering
B) with the use of force
C) at nighttime
D) with the intent to commit a felony
A) breaking and entering
B) with the use of force
C) at nighttime
D) with the intent to commit a felony
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17
______ trespass is the unauthorized entry of an individual who "intentionally and without authorization" accesses a computer, computer system, or network with the intent to delete, damage, destroy, or disrupt a computer, computer system, or computer network.
A) Criminal
B) Defiant
C) Computer
D) Felony
A) Criminal
B) Defiant
C) Computer
D) Felony
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18
Which one of the following are acts that compose criminal mischief according to the Model Penal Code?
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
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
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19
Generally, a person must move an automobile in order to be convicted of carjacking.
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20
Under the common law, arson requires a burning, but the burning does not have to destroy the property entirely.
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21
Most modern statutes limit burglary to a dwelling.
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22
Under the Model Penal Code, criminal mischief may be committed negligently.
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23
In order to commit defiant trespass, the perpetrator must receive clear notice that he or she is trespassing.
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24
Common law larceny requires a taking but does not require asportation of the property.
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25
In order to satisfy the actus reus of receiving stolen property, the perpetrator must be in control of the property for at least 24 hr.
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26
A person who embezzles property is initially in lawful possession of the property before fraudulently converting it.
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27
Embezzlement is the trespassory taking and carrying away of personal property of another with the intent to permanently deprive the individual of the possession of the property.
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28
The mens rea of larceny is the intent to temporarily deprive another of the property.
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29
The penalty for stealing property may be increased where the stolen items belong to a child or to the government.
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30
Embezzlement is the unlawful conversion of the property of another by an individual in the possession of the property.
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31
Asportation is not required for larceny.
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32
Receiving stolen property traditionally was limited to goods that were taken and carried away in an act of embezzlement.
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33
The major difference between robbery and larceny is the value of the property.
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34
Second-degree burglary includes nighttime burglary of a dwelling, the possession of a dangerous weapon, or the infliction of injury to others
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35
What is the difference between criminal trespassing and defiant trespassing?
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36
What are some of the differences in the established various rules to distinguish possession from custody?
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37
How does the MPC consolidates larceny and embezzlement?
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38
What is the standard for determining whether an individual knows or honestly believes property is stolen?
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39
What differentiates carjacking from robbery?
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40
What is the difference between extortion and bribery?
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41
How has the intent standard for burglary changed in the recent legal codes?
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42
What is the common grading of arson?
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43
What explains the disparity in punishments of criminal mischief?
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