Deck 8: Property Destruction Offenses

Question 1

Under Texas law,which of the following is always a legal defense to a charge of arson?

A)The fire is part of a controlled burn on open-space land.
B)The individual setting the fire is the sole owner of the property being destroyed.
C)The property being destroyed is no longer suitable for human habitation.
D)None of the above is always a legal defense to a charge of arson

Answer 1

A

Question 2

Jorge is apprehended by police officers as he is tagging several highway signs with spray paint.Jorge was painting his gang's symbols on the signs to show the extent of the gang's territorial claims.Jorge has committed a violation of:

A)the Sherwin-Williams Act.
B)the Texas Transportation Code.
C)the Texas graffiti statute.
D)the Texas anti-gang law.

Answer 2

C

Question 3

Larry breaks into the local pharmacy where he steals a variety of controlled substances.In an effort to cover up his burglary,Larry sets fire to building.Larry has committed:

A)misdemeanor arson.
B)felony arson.
C)criminal mischief.
D)reckless burning.

Answer 3

B

Question 4

Ralph,who lives on a 300-acre ranch,decides to cut down a grove of trees and remove the stumps so that the land can be used for cattle grazing.Ralph saws down the trees and then uses dynamite to assist in removing the tree stumps.He blows up about a dozen stumps.Ralph has committed:

A)arson because he caused an explosion without the appropriate permits.
B)criminal mischief because he destroyed property - the stumps.
C)reckless damage or destruction because use of dynamite is inherently reckless.
D)none of the above.

Question 5

John is a member of a radical pro-life organization.He believes that virtually any means should be used to stop the performing of abortions.One evening police apprehend him as he is using a paintbrush to write "Stop the baby killers" on the side of a community medical clinic where abortions are performed.Which of the following statements is correct regarding this incident?

A)John has committed no criminal offense because he was exercising his First Amendment right of free speech.
B)John has committed a violation of the graffiti statute because he was writing graffiti on the building.
C) John has committed reckless damage or destruction because he was reckless in believing others were interested in his opinion.
D)John has committed criminal mischief because he intentionally damaged another's property without their consent.

Question 6

The legal term referring to the domestic buildings that surround and support a residence is:

A)cartridge.
B)curtilage.
C)cartilage.
D)corporation.

Question 7

Brittney is unhappy with the used car she purchased.She has had a series of mechanical problems with the vehicle.The used car dealer from whom she purchased the vehicle has refused to pay for any of the repairs.In frustration,Brittney drives the vehicle to the dealer's lot,douses the interior with gasoline,and sets the car afire.She walks away with a smile of satisfaction on her face.The most serious offense Brittney has committed is:

A)no offense because she owns the vehicle.
B)arson.
C)reckless damage or destruction.
D)criminal mischief.

Question 8

In crimes against property,the term "sacrilege" refers to the domestic buildings that surround and support a residence.

Question 9

While the elements of the Texas criminal mischief statute and the Texas graffiti statute overlap somewhat,the graffiti statute is directed largely toward property damage caused by the use of:

A)spray paint.
B)chalk.
C)pencils and pens.
D)latex paint.

Question 10

Under the Texas law of arson,a "habitation" must have which of the following attributes?

A)It must have four walls,a roof,and at least one door and one window.
B)It must be capable of igniting at 350°F or greater.
C)It must be adapted for overnight accommodation of persons.
D)It must be affixed to the earth in at least two locations.

Question 11

Bill and Ted,two 17-year-olds,are driving about on Halloween night.For entertainment they decide to play a game of "mailbox baseball." As Bill drives the car down a rural road,Ted swings a baseball bat at the mailboxes.Ted goes four for five in his efforts to hit the boxes.The ones he does strike are damaged beyond repair.A resident hears the commotion and is able to record the vehicle license number.She calls the sheriff who ultimately identifies Bill and Ted as the ones responsible for the destroyed mailboxes.Which of the following statements is correct regarding this incident?

A) The value of the damaged mailboxes can be aggregated to determine the penalty level of Bill and Ted's acts of criminal mischief.
B)Ted has committed four acts of criminal vandalism and one act of attempted criminal vandalism.
C)Bill and Ted have violated no provision of the Texas Penal Code; destroying mailboxes is exclusively a federal violation.
D)Bill and Ted have committed felony criminal mischief because destroying any mailbox is a felony offense.

Question 12

Tom is angry that he received a failing grade in his criminal law class.The failing grade causes him to be suspended from school.Out of revenge,he lets the air out of the tires on the university president's car.The president comes out to find his vehicle with four flat tires.The flats cause him to miss an off campus fundraising speech he was scheduled to give.Tom has committed:

A)no offense because the tires were not permanently damaged or destroyed.
B)reckless damage or destruction because Tom should have been aware that the president might have an important meeting off campus.
C)criminal mischief because a tire without air is worthless.
D)criminal mischief because he caused the president substantial inconvenience.

Question 13

A detached garage adjoining a house in the suburbs is an example of a structure within the house's curtilage.

Question 14

The Texas anti-graffiti law is content neutral.This means that the nature or meaning of the markings are irrelevant to whether nor not a violation of the statute has occurred.The content-neutral approach is an effort to avoid allegations that the statute violates the:

A)First Amendment.
B)Fourth Amendment.
C)Fifth Amendment.
D)14?? Amendment.

Question 15

Under Texas law,a vehicle such as a camping trailer qualifies as a "habitation" since it is adapted for overnight accommodation of persons.

Question 16

Doug is feuding with his neighbor Charles.Late one night,Doug pours sugar into the gas tank of Charles's pick-up truck.The next morning when Charles tries to drive to work,the truck sputters to a stop about a mile from home.The vehicle is towed to a mechanic who discovers that the gasoline is contaminated with sugar.Repairs to the truck cost Charles $600.Doug has committed:

A)felony criminal mischief because of the cost of the repairs.
B)misdemeanor criminal mischief because of the cost of the repairs.
C)reckless damage or destruction because he was aware the sugar could damage the truck.
D)arson because the sugar was burned in the vehicle's motor.

Question 17

Bob and Ray are former business partners.The partnership broke up when Bob accused Ray of cheating him.A few weeks later Bob encounters Ray in the lobby of a hotel.An argument and scuffle ensues between the two.They wrestle on the floor for a few seconds before friends break up the melee.Nonetheless,the scuffle succeeded in smashing a valuable lamp belonging to the hotel.As to the broken lamp Bob and Ray have committed:

A)criminal mischief.
B)reckless damage or destruction.
C)negligent damage or destruction.
D)no offense because the breaking of the lamp was an unintended result of the scuffle.

Question 18

Under Texas law,which of the following is always a legal defense to a charge of arson?

A)The individual setting the fire is the sole owner of the property being destroyed.
B)The property being destroyed is something other than a "building" or "habitation."
C)The property being destroyed is not within 500 feet of another building or habitation.
D)None of the above is always a legal defense to a charge of arson.

Question 19

Bill is an employee of the International Widget Works (IWW).Bill and his coworkers have gone on strike against IWW because the company has not signed a new labor contract.Contract negotiations have gone on for six months without the company and the union coming to an agreement.Bill decides to show IWW that the workers mean business.Late one night he places a pipe bomb outside the IWW headquarters with the goal of blowing out the front windows.The bomb explodes with a big bang.Surprisingly,absolutely no damage is done to the building.An investigation leads the police to Bill.Bill has committed;

A)no offense because no harm was done to the building.
B)criminal mischief.
C)arson
D)unlawful bombing.

Question 20

Joe is angry at his neighbor Fred for allowing his dog to dig up Joe's flowers.In retaliation,Joe sets fire to Fred's wooden storage shed,which is located in Fred's backyard.Joe has committed the crime of arson instead of merely criminal mischief because the storage shed:

A)is considered part of Fred's residence because it is in the curtilage.
B)is made of combustible materials.
C)might contain explosive materials that could,when ignited,damage Fred's residence.
D)could be adapted to overnight accommodations.

Question 21

In order to avoid violating the arson statute,a commercial demolition company must obtain a permit from local authorities before using explosives to demolish a building.

Question 22

Negligent damage to property is a Class C misdemeanor regardless of the value of the property damaged.

Question 23

Under Texas law,for arson to occur an actual burning of someone else's property,no matter how slight,must occur.

Question 24

Under Texas law,certain forms of arson require proof of three mens rea elements.

Question 25

According to Texas statute,the word "building" means any ________ or enclosure intended for use or occupation as a habitation or for some purpose of trade,manufacture,ornament,or use.

Question 26

If Ronald,an urban gang member,uses aerosol paint to "tag" a highway overpass,his conduct violates the Texas graffiti statute.

Question 27

If made without the railroad's consent,spray painting designs with artistic value on company boxcars is a violation of the graffiti statute.

Question 28

Like Common Law arson,the Texas law of arson applies only to dwelling houses.

Question 29

The Texas law of arson applies to the intentional burning of crops in a field if conducted without permission of the landowner.

Question 30

So long as "reasonable precautions" are taken,no crime occurs if a property owner uses fire or explosives to destroy any building on his own land.

Question 31

Under Texas law,no arson occurs if an individual sets fire to a building in a city and has written permission of the building owner and the landowners on either side of the structure.

Question 32

Stealing electrical service by wiring around the electric meter constitutes a form of criminal mischief.

Question 33

Under Texas law,a property owner who purposely burns his own property to defraud an insurance company must file the insurance claim before the elements of arson complete.

Question 34

The ___________ is the series of domestic outbuildings that surround and support a residence.

Question 35

Intentional damage to a person's reputation or good name does NOT violate the criminal mischief statute.

Question 36

Markings that constitute political,social,or religious expression are protected by the First Amendment and may not be prosecuted as a criminal offense.

Question 37

One who tampers with property does NOT commit a criminal offense unless some actual harm -- pecuniary loss or substantial inconvenience -- occurs.

Question 38

To determine whether or not graffiti placed on public property is a criminal violation,a jury must decide whether the display is "expressive conduct."

Question 39

According to Texas statute,the word "habitation" means a structure or vehicle that is adapted for ___________ accommodation of persons.

Question 40

Use of spray paint to write political slogans on government property violates no statute because the individual's right to freedom of expression outweighs the state's interest in maintaining an orderly society.

Question 41

The Texas criminal anti-graffiti law focuses on use of spray paint and other ___________ forms of markings.

Question 42

Assuming all other elements of the crime are present,it is no ________ to a charge of arson that the damaged property belonged to the offender.

Question 43

Should petty acts of vandalism constitute a Class C misdemeanor irrespective of whether they cause monetary loss or substantial inconvenience to the property owner? For example,should toilet papering a house,rearranging yard displays,writing on windows with white shoe polish,and the like be penalized or are these types of activities essentially harmless pranks not sufficiently worthy of state protection?

Question 44

The offense of criminal mischief occurs if an individual purposefully damages property of another without having obtained ___________ consent from the property owner.

Question 45

To avoid potential free speech issues,the Texas anti-graffiti law is ____(two words)_______.

Question 46

An arson occurs if the owner of a dilapidated house uses fire to burn down the house and the house is located within the _____(two words)______ of a city.

Question 47

Create a decision tree to assist in sorting acts of arson from acts of criminal mischief.

Question 48

The offense of criminal mischief occurs if a person intentionally or knowingly tampers with the property of another and causes damage or substantial ___________.

Question 49

An arson occurs if an individual damages a building due to recklessly causing an explosion while manufacturing a ___________ substance.

Question 50

Given the expansion of residential communities outside the boundaries of the state's major cities,should relevant portions of the arson statute be amended to cover these areas in the same manner as incorporated cities? If yes,how might the locations where the statute will apply be determined?

Question 51

An arson occurs if the owner of a vehicle uses fire to destroy the vehicle and the vehicle is subject to a _____(two words)______ .

Question 52

The Texas arson statute applies to fires and explosions.What constitutes a fire? What is an explosion?

Question 53

An individual may lawfully use fire to destroy his own building,habitation,and vehicles if he first obtains a ___________ from local authorities.

Question 54

The Texas arson statute penalizes persons who start a _____ or cause an _________ under certain specified circumstances.

Question 55

Under Texas law,for an arson conviction to stand the fire must be of an ___________ nature.

Question 56

Whether a fire is considered to be arson or non-criminal conduct is largely determined by whether the individual starting the fire had a _______(two words)_______ to damage or destroy the property.

Question 57

One way to commit criminal mischief is to intentionally tamper with property and cause pecuniary loss.The word "pecuniary" refers to a loss measurable in __________.

Question 58

Should a specific statute be enacted to criminalize fire-related damage caused by negligent use of fireworks?

Question 59

Define the terms "damage," "destroy," and "tamper" in the context of the Texas criminal mischief statute.