Deck 10: Property Damage and Invasion

Question 1

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

A)Damage by fire or explosion
B)Damage by water or fire
C)Damage by explosion only
D)None of the above

Answer 1

A

Question 2

Which of the following may be an element of criminal mischief?

A)Defacement, damage, or destruction to property
B)Destroying a building by explosives
C)Destroying a vehicle by explosives
D)None of the above

Answer 2

A

Question 3

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?

A)Superstitious remaining
B)Surreptitious remaining
C)Surreptitious restraining
D)None of the above

Answer 3

B

Question 4

Which of the following was one of the elements under common law when arson was limited to dwellings?

A)A malicious act
B)The act of setting a fire
C)Burning a dwelling
D)All of the above

Question 5

Many states refer to the forcible entry into a building or home or simply the illegal entry of a home or building with the intent to commit a felony to be the act of burglary. What is another term used by some states that has the same meaning?

A)Illegal entry
B)Unapproved entry
C)Breaking and entering
D)None of the above

Question 6

What is the crime of maliciously damaging, by means of fire, any building used in interstate or foreign commerce or in any activity affecting interstate or foreign commerce?

A)Local definition of arson
B)Common law definition of arson
C)Modern-day Federal definition of arson
D)None of the above

Question 7

What is sometimes considered a form of criminal or malicious mischief but defined as willful or malicious acts intended to damage property?

A)Graffitism
B)Vandalism
C)Conspicuous mischief
D)None of the above

Question 8

One primary example of cybercrime comes from what source?

A)Spam email messages
B)Unsolicited email from friends
C)Harassment email from creditors
D)None of the above

Question 9

If a person knowingly and unlawfully enters or remains unlawfully in a dwelling with the intent to commit a crime and if while in the dwelling the person or another participant in the crime is armed with explosives, or causes physical injury to another person, or is armed with a deadly weapon or threatens the use of a deadly may be charged with what crime?

A)Burglary in the first degree
B)Burglary in the second degree
C)Burglary in the third degree
D)None of the above

Question 10

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?

A)Illegal entry
B)False imprisonment
C)False arrest
D)Trespass

Question 11

What criminal offense is committed with the use of a computer or other electronic device?

A)Computer crime
B)Internet crime
C)Cybercrime
D)None of the above

Question 12

What is the intentional setting of a fire to burn a structure or other physical property?

A)Arson
B)Fire starter
C)Fire bug
D)Criminal mischief

Question 13

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

A)Destructive mischief
B)Property damage
C)Intentional mischief
D)Criminal mischief

Question 14

John sees some appealing watermelons in a pasture along the highway. However a five-foot high, barbed-wire fence blocks any entry to outsiders. John ignores the obstacles, climbs the fence, retrieves a beautiful watermelon, and returns to his vehicle, driving away with prize in hand. What charges may be filed against John?

A)Criminal mischief
B)Trespassing
C)Illegal entry
D)None of the above

Question 15

The mens rea for arson varies by statute, but typically requires what element?

A)Reckless conduct without intent
B)Negligent conduct without intent
C)Intent and knowledge
D)None of the above

Question 16

A person who forcibly enters a building or enters an unlocked building without approval with the intent to commit a felony inside the building may be charged with what crime?

A)Trespass
B)Burglary
C)Theft
D)Invasion

Question 17

A person who enters another's property without the express consent of the owner may be charged with what crime?

A)Unlawful entry
B)Burglary
C)Trespassing
D)None of the above

Question 18

In Maine, if a person that is not licensed or privileged to enter a cemetery or burial ground at anytime after ½ hour after sunset and ½ hour before sunrise on the following day that person may be charged with what crime?

A)Criminal trespass
B)Desecration of a grave
C)Illegal access to a cemetery
D)None of the above

Question 19

A person is guilty of arson in the fourth degree when he recklessly damages a building or motor vehicle by intentionally starting a fire or causing an explosion is the fourth degree classification of arson in what state?

A)New York
B)California
C)Florida
D)Texas

Question 20

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

A)Social compilation
B)Social invasion
C)Social tampering
D)Social engineering

Question 21

The actus reus of trespassing is satisfied when a person only enters another's private property without permission.

Question 22

The U.S. Supreme Court issued a statement that the First Amendment permits a state to outlaw cross-burnings done with the intent to intimidate because burning a cross is a particularly virulent form of intimidation.

Question 23

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

Question 24

If a disgruntled former Wal-Mart employee decided to set a distribution warehouse on fire, that employee would be subjected to federal prosecution because doing so would likely affect the company's ability to ship products around the country.

Question 25

What major issue arises during a typical cybercrime investigation?

A)Identity of the victim of the crime
B)Identity of the suspect committing the crime
C)Jurisdiction in which the case will be filed
D)Age of the victim of the crime

Question 26

Trespassing in the State of Texas is considered to be a specific intent offense.

Question 27

The New Ipswich Sheriff in New Hampshire filed criminal trespass on an illegal alien based on the New Hampshire statute that defines criminal trespass as a person being guilty of criminal trespass if, knowing that he is not licensed or privileged to do so, he enters or remains in any place. This is an example of creative use of trespassing statutes.

Question 28

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

Question 29

According to the FBI, what is the weakest link that malicious computer hackers rely upon to gain access to personal information?

A)People
B)Innovative software
C)Hacking training
D)None of the above

Question 30

Hacking refers to a person breaking into computer systems with the intent to alter or modify settings.

Question 31

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.

Question 32

A person with the intent to destroy the American monetary system hacks into the U.S. Mint computer system to purposefully destroy the software used to print new $100 bills? What crime may be charged against that person?

A)Cybercrime
B)Cybermischief
C)Cyberterrorism
D)None of the above

Question 33

Where can one locate most of the latest federal cybercrime information?

A)Computer Crime And Fraud Act (CCFA)
B)Computer Fraud and Abuse Act (CFAA)
C)Computer Abuse and Theft Act (CATA)
D)None of the above

Question 34

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.

Question 35

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

Question 36

Many states classify arson into degrees, one being New York, which uses four degrees of arson ranging from the least to the most serious.

Question 37

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

Question 38

Like criminal trespassing, burglary is concerned with property invasion, but also includes the intent to commit a felony.

Question 39

In State v. Pigott, the Supreme Court of North Carolina affirmed the decision, but remanded the case for a new sentencing hearing in regards to a sentencing error.

Question 40

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.

Question 41

__________________ is politically motivated hacking operations intended to cause grave harm such as loss of life or severe economic damage, and combines elements of cybercrime and traditional terrorism.

Question 42

___________________ with boundary markers, monuments, or survey stations is one of the elements of criminal mischief.

Question 43

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

Question 44

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.

Question 45

Some states include special statutes designed to prevent criminal mischief, theft, or other illegal acts after dark and before sunrise in _______________.

Question 46

In an effort to help issues with illegal immigrants, some states have fallen back on __________________ statutes to file charges on illegal aliens to allow the suspects to be held until ICE is able to initiate deportation efforts.

Question 47

One of the primary cybercrime uses of the computer is ________________.

Question 48

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?

Question 49

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 __________________.

Question 50

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

Question 51

The actus reus of modern-day arson is typically damage by __________________.

Question 52

Steve is a small-time burglar who forces entry into a home with the intent to steal a TV he could see from the living room window. A neighbor sees Steve break the glass of the front door and calls 911. The police arrive and arrest Steve before he can disconnect the TV and make his get away. Steve may be charged with _______________.

Question 53

Cyberterrorism is generally understood to refer to unlawful attacks only against computers, networks, and the information stored therein when done to intimidate or coerce a government or its people in furtherance of political or social objectives.

Question 54

George loves to create software that he can email to other computers that causes the software of the receiving computer to fail. George may be charged with _________________.

Question 55

Sam is a member of a terrorist group that has sworn to destroy the U.S. government by whatever means necessary. He uses his computer to locate and purchase illegal explosives and related explosive materials through sources on the Internet. Sam may be charged with_______________.

Question 56

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?

Question 57

Discuss the elements of burglary in comparison to the elements of criminal trespassing. What is the primary element that separates the two crimes? Does a person have to commit the act of theft or commit another crime to be convicted burglary? Why is burglary considered one of the more heinous crimes in the United States?

Question 58

In the State of Texas, if a person who has to climb a fence to enter property without the owner's permission may be charged with ___________________.

Question 59

Identify and discuss the mens rea and actus reus requirements of arson. What happens when homicide is added to the act of arson? What if the actor is unaware of the presence of a person when he or she commits the act of arson?

Question 60

A group of men and women have decided to create a situation that will strike fear in Americans nationwide, by attacking America in areas that are the most vulnerable and considered to be sacred to all Americans. The group, using their computers, coordinates weapons of mass destruction to be placed in every rural school throughout the country. The task is relatively simple because of the complete lack of security in rural schools. Additionally, the group creates a virus they intend to forward to all rural first responder dispatch stations to render those systems useless. Fortunately FBI surveillance of terrorist activity in the U.S. uncovers the plot and obtains warrants for all the suspects before the WMD can be placed in the schools. What charges will be brought against the group? What if the FBI is unable to locate the explosive devices or the virus the group has alleged to use in the crime? Will the same charges be filed against the group?