Deck 10: Robbery,Burglary,and Criminal Trespass

Question 1

John,impersonating a police officer,goes to Martha's home and falsely advises Martha that he has a search warrant.Martha allows John into the house.John then seizes Martha.He knocks her to the floor and attempts to sexually assault her.Martha is able to elude John's efforts and escapes unharmed.Of the following,the most serious offense John has committed is:

A)criminal trespass.
B)robbery.
C)home invasion.
D)burglary.

Answer 1

D

Question 2

One method to commit the offense of burglary is for the offender to "enter" the building or habitation.Which of the following is an example of an offender committing this element of the offense of burglary?

A)stepping one foot inside the door frame of a house
B)slicing the window screen of a house
C)breaking the lock on a door
D)All of the above actions are examples of to "enter" under the law of burglary.

Answer 2

D

Question 3

In addition to the other elements of the offense,to obtain a robbery conviction a Texas prosecutor must establish that the defendant was in the course of committing:

A)another felony.
B)theft.
C)unlawful carrying of weapon.
D)a battery.

Answer 3

B

Question 4

Paul earns his living by stealing other people's property.Recently he has been stealing unattended purses and computers in the university library.One evening while in the library he notices a purse sitting on a table.He begins examining the contents of the purse when a voice shouts "Hey you!" Paul turns and sees a campus police officer approaching.Paul drops the purse and immediately starts to flee as the police officer gives chase.The officer catches up with Paul and a struggle ensues.In an effort to escape,Paul punches the officer in the face.The officer responds by squirting Paul with pepper spray.At that point Paul surrenders.Paul is brought to trial on a charge of robbery.Paul's lawyer should argue that no robbery was committed because:

A)Paul was unarmed at the time of the incident.
B)the police officer was not placed in fear by Paul.
C)the purse did not belong to the police officer,so no robbery victim exists.
D)the assault of the officer was not an effort to maintain control over the stolen purse.

Question 5

Lupe is returning from the grocery store.She is carrying her groceries in one arm and her purse over the other arm.Wayland approaches her from behind and shoves her down.As Lupe hits the pavement,she drops the groceries and her purse.Wayland scoops up the purse and flees.Lupe suffers bruises and bumps but is otherwise unharmed.Wayland's conduct constitutes a robbery.But,he has committed aggravated robbery if:

A)Wayland has been previously convicted of a robbery.
B)Lupe is over 65 years of age.
C)the purse contains in excess of $100.
D)Lupe testifies that she thought Wayland might kill her.

Question 6

Under Texas law,a home invasion is normally prosecuted as a:
A,burglary and felony theft.
B)burglary and aggravated robbery.
C)criminal trespass and assault.
D)criminal trespass and theft.

Question 7

Ricardo enters a liquor store one cold winter evening.He approaches the clerk and says,"This is a stick-up.Give me all of your money or you're a dead man!" Ricardo has his hand in his right coat pocket and is using his finger to simulate a gun barrel.The clerk,believing Ricardo to be holding a pistol,says,"Don't shoot.I'm afraid to die.Here's the money." He hands Ricardo $575.Ricardo departs.The most serious offense Ricardo has committed is:

A) aggravated robbery because the clerk perceived he had a deadly weapon.
B)aggravated robbery because he placed the clerk in fear of death.
C)robbery because he threatened the clerk with death in order to obtain the money.
D)felony theft because he did not have a real pistol.

Question 8

Al goes to the local grocery store intending to rob it.He approaches the store office with pistol drawn.When he reaches the office,he discovers no one is there.He quickly opens the unlocked door,enters the office and steals payroll checks that are lying on the manager's desk.He leaves without being seen.What is the most serious offense Al has committed?

A) attempted robbery
B)theft
C)burglary
D)criminal trespass

Question 9

Which of the following incidents constitutes robbery under the Texas Penal Code?

A)Al steals a Social Security check from an elderly woman's mailbox.
B)Knowing that inventory control in a bar is an inexact process,Maria,a bartender,sometimes keeps for herself cash payments made by patrons.
C)Howard threatens to tell Julie's husband about her extramarital affair unless Julie pays him $1,000. Julie pays the money to keep Howard quiet.
D)None of the above is a robbery.

Question 10

George goes to Bill's house late one night intending to steal Bill's gold coin collection.Unknown to George,Bill has purchased a Doberman Pinscher dog.As soon as George sticks his head through the house's window,the Doberman attacks and bites George's nose.George shakes the dog loose and flees.The most serious offense George has committed is:

A)criminal trespass.
B)burglary.
C)attempted robbery.
D)home invasion.

Question 11

Jennifer works as a prostitute.One evening Ross engages her services.The two go to Ross's hotel room.Ross pays Jennifer $50 and the two engage in sexual intercourse.After the act Ross falls asleep.While he is sleeping,Jennifer removes the remaining $200 from his wallet and departs.Ross awakes a few minutes later,notices Jennifer's absence and checks his wallet.Upon discovering that his cash is gone Ross exclaims,"I've been robbed." Which of the following is an accurate statement about this incident?

A)No robbery has occurred.
B)Jennifer has committed robbery because she took the money without permission from the presence of Ross.
C)Jennifer has committed aggravated robbery because the amount of money she stole exceeded $100.
D)No robbery was committed because the laws regarding theft do not apply to persons who are deprived of property when they are committing an unlawful act themselves.

Question 12

Matt stops his car at a red light.Suddenly from out of the bushes Rodney appears.He opens the car's passenger side door and points a pistol at Matt.Matt,not wishing to learn Rodney's intentions,opens his door and jumps from the car.Rodney slides over to the driver's seat and drives away.Two hours later Rodney abandons the car when it runs out of fuel.Which of the following is an accurate statement regarding this incident.

A)Rodney's conduct does NOT meet the elements of aggravated robbery because he never threatened Matt with serious bodily injury.
B)Rodney's conduct constitutes robbery but not aggravated robbery because while he had a pistol,but did not "use" it within the meaning of the statute.
C)Rodney's conduct could be considered aggravated robbery if his retention of the car for two hours fits the definition of theft.
D)Rodney's conduct constitutes neither robbery nor aggravated robbery because there is no evidence that Matt was ever placed in fear of being shot.

Question 13

Bruce enters the local bank and approaches the teller.Without saying a word he hands the teller a note.The note reads "Give me all of the hundreds." The teller responds by handing Bruce twenty $100 bills.Bruce departs without saying a word.Police respond to the silent alarm and Bruce is apprehended about an hour later.At Bruce's trial,which of the following evidence would assist in establishing that his conduct constituted a robbery?

A)Testimony that when Bruce was arrested he had a pistol in his pocket.
B)Introduction of Bruce's "rap sheet" showing he had a previous conviction for robbery.
C)The teller testifying that she was fearful that Bruce would harm her if she did not give him the money.
D)The teller testifying that Bruce was wearing a phony moustache and had a cap pulled low on his head.

Question 14

Which of the following is one of the required elements that must be proven to convict an individual of robbery?

A)The individual is armed with a pistol.
B)The individual is in the course of committing theft.
C)The incident occurred during the nighttime.
D)At least one dollar in cash was taken during the incident.

Question 15

The phrase "in the course of committing theft" means which of the following?

A)Conduct that occurs in an attempt to commit theft.
B)Conduct that occurs during the commission of theft.
C)Conduct that occurs in the immediate flight after the attempt or commission of theft.
D)The definition of the phrase includes all of the above.

Question 16

Under Texas law,a carjacking is normally prosecuted as a form of:

A)assault.
B)kidnapping.
C)robbery.
D)burglary.

Question 17

Phillip is an undercover peace officer assigned to look for pickpockets at the county fair.He observes Frank deftly lift Sheila's wallet from her open purse.Phillip approaches Frank and identifies himself as an officer.At that moment Frank shoves Phillip down and takes off running.Phillip,unhurt,leaps to his feet and gives chase.He tackles Frank and places him under arrest.A search of Frank reveals Sheila's wallet and a .32 pistol in his jacket pocket.Frank has committed:

A)aggravated robbery because he assaulted a peace officer while committing a theft.
B)robbery because he committed an assault in the immediate flight from a theft.
C)aggravated robbery because he was in possession of a deadly weapon while committing a felony theft.
D)theft,not robbery,because the element of assault with bodily injury is missing.

Question 18

Late one night Neal is awakened by a noise.He looks out his bedroom window and observes someone removing tools from the bed of his pickup truck.Neal retrieves his pistol and goes outside.He sneaks up on the would-be thief and says,"Move and you're a dead man." The individual,James,turns about and sees the pistol pointed at him.He immediately grabs for the pistol and a struggle ensues.James disarms Neal.For a moment he points the gun at Neal but then throws it as far away as possible and flees with Neal's toolbox under his arm.Neal decides to call 9-1-1 instead of giving chase.Neal tells the responding officer,"For a moment I thought I was going to be the dead man." The most serious offense James has committed is:

A)aggravated robbery because he exhibited a deadly weapon during the commission of a robbery.
B)robbery because he assaulted Neal while trying to steal from the pick-up truck.
C)robbery,not aggravated robbery,because the pistol belonged to Neal,not James.
D)attempted robbery because Neal interrupted the incident.

Question 19

Walter is looking at magazines in the local book store.He notices another customer,Jake,slip a book under his shirt.Jake's behavior was also noticed by a store employee.As the store employee approaches,Jake begins to run for the door.Walter steps in front of the door to prevent Jake's escape.Jake is not deterred and shoves Walter aside.As Jake sprints out the door with the book Walter falls to the floor,striking his head on a book rack.He suffers a nasty cut on the back of his head.The most serious offense Jake has committed is:

A)misdemeanor theft.
B)robbery.
C)felony theft.
D)aggravated robbery

Question 20

John enters a department store fifteen minutes prior to closing time.When no one is watching,John hides among the rack of women's coats.He stays there until the store closes and the employees depart for the evening.About midnight,John grabs three men's suits and an expensive pair of shoes.However,before he can break out of the store with the merchandise he is spied by a security officer who places him under arrest.The most serious offense(s)John has committed is:

A) burglary because he remained concealed in the store with intent to commit theft.
B)burglary because he entered the store without the effective consent of the owner; the owner would not have let him enter if he had known John's purpose was to steal.
C)criminal trespass and theft because he made a lawful entry into the store.
D)attempted burglary because his efforts were unsuccessful.

Question 21

Unlike many other states,Texas has NOT enacted a specific home invasion statute.

Question 22

One winter night,Pierre,a homeless person,climbs through the open window of a closed business in order to get out of the cold.He is discovered the next morning asleep on the floor of the storage room.Pierre has committed:

A) burglary.
B)criminal trespass.
C)unauthorized use of a building.
D)no offense.

Question 23

For a robbery to exist,the state must prove that the assaultive element occurred at the exact same time as the theft element of the offense,otherwise the offense is merely theft from the person.

Question 24

Workers at Waldo's Worldwide Widget Works (WWWW)are on strike for better wages.The workers are members of the International Widget Works Union (IWWU).Each day about a dozen workers appear outside the factory and form a picket line.They carry signs demanding a pay raise from WWWW.The owners of the WWWW are refusing to bargain with the IWWU and have barred the union members from the plant.Which of the following is an accurate statement regarding this situation?

A)The union members have a constitutional right to picket the WWWW on any location where they normally work.
B)The WWWW owners may lawfully have the picketing workers arrested if their picket line is visible to any non-union workers on factory grounds.
C)To avoid violating the criminal trespass statute,the workers should conduct their picket line on property not owned by WWWW.
D)Officials of the WWWW must provide written notice to the union to stop the picketing; if the officials refuse,the picketing workers may be arrested for criminal trespass even if not on WWWW property.

Question 25

The terms "enter" and "entry" are defined somewhat differently in the offenses of burglary,burglary of vehicles,burglary of a coin-operated machine,and criminal trespass.In which of the aforementioned offenses does an entry include every kind of entry except one with the effective consent of the owner?

A)burglary
B)burglary of vehicles
C)burglary of a coin-operated machine
D)criminal trespass

Question 26

Roger leaves his pickup truck parked outside his office.In the bed of the truck is a box containing his new flat screen television,which he purchased for $975.When Roger returns to the truck an hour later,the television set is missing.He notifies the police and an alert patrol officer observes Larry walking down the street carrying a television.The officer stops Larry and subsequently determines that the television is the one from Roger's truck.A co-worker of Roger later identifies Larry as the individual he saw taking the television from the truck bed.The most serious offense Larry has committed is:

A) felony theft.
B)burglary of vehicles.
C)robbery.
D)criminal trespass.

Question 27

Joanne is hosting a New Year's Eve party at home for 300 of her closest friends.The caterer employs Charles to work as a waiter at the party.Unknown to the caterer,Charles is Joanne's former live-in boyfriend whom Joanne threw out of the house a month earlier.At the time,Joanne told Charles,"Get out and stay out.I never want to see you again!" At the party,Charles dresses in a disguise so Joanne will not recognize him.While the party is going on,Charles decides to embarrass Joanne.Every time he observes an unattended purse,he takes the contents out and places the contents under Joanne's bed.The next day many of Joanne's friends telephone her,angry at the prank.After much searching,Joanne finds the friends' property and manages to get everyone and her respective property reunited.Charles has committed:

A)theft since he took the property out of the purses without permission.
B)burglary since Joanne would not have allowed him to enter the house if he had not been wearing a disguise.
C)criminal trespass because he entered the home using deception to obtain consent to enter the premises.
D)none of the above because the incident was intended as a joke.

Question 28

Robbery is essentially a compound crime combining assault with theft.

Question 29

Twenty individuals have established a picket line on the plaza in front of city hall protesting a recent raise in water rates.The individuals are carrying signs reading "Water is a basic right" and "We're being hosed." They are also chanting "Down with the rate hike!" Persons coming to city hall must pass by the picket line in order to enter the building.The police are called to the scene.The police supervisor tells the protesters to go home.They ignore his order.Which of the following is an accurate statement regarding this situation?

A)The protesters are committing criminal trespass because the plaza in front of city hall is not an appropriate place to protest.
B)The protesters will be committing criminal trespass if they refuse to leave after the mayor gives them written notice on city letterhead.
C)The protesters are committing criminal trespass because the police supervisor gave them notice to depart and they have failed to do so.
D)The protesters are NOT committing criminal trespass because they are merely exercising their First Amendment right to peacefully protest on public property.

Question 30

Arnold is in a local bar.After several beers,he begins to argue with other patrons regarding who has the best college football team in the state.Arnold loudly proclaims the virtues of his school.The bartender,realizing that Arnold is annoying many of the other customers,says,"Hold it down man or I will have to ask you to leave." Arnold loudly replies,"Screw you.I have just as much right to be here as anyone else." The bartender says,"That's it.Get out!" Arnold says,"I'm staying.Give me another beer." At that point,the bartender calls the police.Upon his arrival,the bartender tells the police officer that Arnold is refusing to leave the bar.Which of the following is correct about this situation?

A)Arnold is violating the criminal trespass statute because he was given notice to depart and failed to do so.
B)Arnold has a right to remain in the bar as it is a public place.
C)Arnold is in violation of the criminal trespass statute only if he refuse to leave the bar upon orders of the police officer
D)The bartender has no authority to order Arnold to leave the bar because he is not the owner of the bar.

Question 31

The terms "enter" and "entry" are defined somewhat differently in the offenses of burglary,burglary of vehicles,burglary of a coin-operated machine,and criminal trespass.In which of the aforementioned offenses is an entry of the entire body required before the offender has entered or made an entry?

A)burglary
B)burglary of vehicles
C)burglary of a coin-operated machine
D)criminal trespass

Question 32

Gene develops a scheme to gain money from vending machines.Each time he passes a vending machine,Gene stuffs a tissue out of sight up the coin return tube.Once a day he returns to each of the machines and removes the hidden tissue.A day's worth of returned change then falls into his hands.He collects about $30 per day from his vending machine route.So far the little scheme has produced $255.Which of the following is an accurate statement concerning this situation?

A) Gene has committed criminal trespass because everyone knows you are not supposed to stuff things into coin-operated machines.
B)Gene has committed burglary of a coin-operated machine because he has entered the machines with intent to obtain property,i.e.,the change.
C)Gene has committed no offense because the change does not belong to the owner of the machines and the real owners of the change have abandoned any claim to it.
D)Gene has committed burglary because the vending machine meets the statutory definition of a "building."

Question 33

Carlos walks through the shopping mall parking lot looking for unlocked motor vehicles.He spies a sports car with the top down.He opens the car door and climbs into the driver's seat.Carlos inserts a screwdriver in the ignition and attempts to start the vehicle by turning the screw driver.After several attempts to twist the screwdriver,Carlos realizes his efforts are proving to be unsuccessful.As he begins to exit the vehicle a mall security officer approaches and detains him until the police arrive.The most serious offense Carlos has committed is:

A)criminal trespass.
B)attempted carjacking.
C)unauthorized use of vehicle.
D)burglary of vehicles.

Question 34

In Texas,in order to be convicted of violating the robbery statute during a carjacking,the accused must have both violently seized the vehicle and operated the vehicle.

Question 35

"In the course of committing theft," an element that must be proven in a robbery case,includes conduct that occurs when the offender is fleeing from the scene of the incident.

Question 36

Under Texas law,mere possession of a deadly weapon during the course of a robbery elevates the offense to aggravated robbery.

Question 37

Under Texas law,for a robbery to occur,the offender must make a verbal threat.

Question 38

The element of "in the course of committing theft" as used in the Texas law of robbery means the prosecution must prove that the accused was attempting to steal money.

Question 39

Under Texas law,if an offender robs three individuals during the same incident,three robberies,not one robbery,have occurred.

Question 40

Texas law excludes real estate from the types of property that can be the object of a robbery.

Question 41

In Texas,a home invasion is treated as two independent offenses: a burglary and a robbery.

Question 42

Breaking into a standalone ATM machine violates the burglary of a coin-operated machine statute.

Question 43

Under the Texas law of burglary,a jail cell meets the definition of a "habitation."

Question 44

The elements of burglary require the specific intent to accomplish a particular purpose.

Question 45

Texas law specifies the exact wording and font size that a "no trespassing" sign must display in order to establish a violation of the criminal trespass statute

Question 46

The Texas law of burglary of vehicles requires both a breaking into and an actual entering of the vehicle before the offense is complete.

Question 47

Under Texas law,not all trespasses to property are criminal acts.

Question 48

Burglary of a habitation is a less serious offense than burglary of a building.

Question 49

For the purposes of the robbery statute,an offender is considered to be in the course of committing theft during an attempted theft,during the actual commission of theft,or during the _____(two words)_______ after the attempt or commission of theft.

Question 50

A burglar who breaks into three apartments in the same building commits only one burglary because the units are contained in a single structure.

Question 51

Stealing an item from the interior of a sailboat is a violation of the burglary of vehicles statute even though a sailboat is not motorized.

Question 52

A robbery occurs if the offender uses assaultive contact to exercise control over property while in the course of committing _________.

Question 53

The Texas criminal trespass statute requires as an element that the accused's entire body come onto the property.

Question 54

The government may place reasonable time,place,and manner restrictions on political protests; violation of the rules specifying appropriate places may result in criminal trespass charges.

Question 55

For a conviction for burglary of a coin-operated machine,the prosecution must show that a forcible entry was made into the machine.

Question 56

A required element of the offense of burglary of a habitation is that the offender's entire body enter the residence; otherwise the offense is treated as burglary of a building.

Question 57

Fire fighters in the performance of their duties are specifically exempted from the coverage of the Texas criminal trespass statute.

Question 58

An essential element of the offense of robbery requires the offender to be in the course of committing _______.

Question 59

Entry into an unfenced watermelon field without the consent of the field's owner violates the criminal trespass statute.

Question 60

It is impossible to commit the crime of criminal trespass in a city park because the park is public property owned by all citizens.

Question 61

Burglary of a travel trailer is viewed under Texas law as a burglary of a __________.

Question 62

Jose enters a department store during business hours.He hides in a storeroom until the store closes.An hour after the closing,Jose helps himself to various articles of clothing and jewelry.He then breaks a glass door and flees the area with the merchandise.Jose's conduct constitutes the crime of burglary because he _____(two words)____ in the building and committed theft.

Question 63

To commit a burglary of a vehicle,an individual must enter the vehicle.According to the statute,"enter" means any part of the body or any _______ object connected with the body.

Question 64

One method of committing robbery is by the offender obtaining property by placing the victim in fear of ___(two words)____.

Question 65

If Jack threatens to beat up Jill unless she gives him $100,Jack has committed the felony offense of __________.

Question 66

Under Texas law,a home invasion (forcible entry into a residence for the purposes of robbing the occupants)is prosecuted as the offenses of robbery and _________.

Question 67

Jack is hungry but has no money.He sees a snack vending machine.Jack physically shakes the machine until the snacks fall off their racks and into the dispensing compartment.To this point,Jack has NOT committed burglary of a coin-operated machine because he has not yet ______ the machine.

Question 68

For the purposes of the criminal trespass statute,the word "entry" means an intrusion of the ____(two words)_____.

Question 69

When Mona stops her car at a traffic signal,Jay,holding a knife,jumps into the car intending to kidnap and sexually assault Mona.Thinking quickly,Mona jumps out of the vehicle and flees.Jay has committed burglary of vehicles because he entered the vehicle without the owner's effective consent with _____ to commit a felony.

Question 70

Robbery is a compound crime that combines the offense of ______ with the offense of _____

Question 71

A robbery elevates to an aggravated robbery if the offender uses or _________ a deadly weapon.

Question 72

Jeffrey steals the wheels off of a new sports car.Jeffrey has committed theft but has not committed burglary of vehicles because he has neither broken into nor _______ the vehicle.

Question 73

Under the law of burglary,entry is established when the _______ of the house is broken.

Question 74

In Texas,a carjacking is treated under the law as a form of ________.

Question 75

Matthew is awaiting take-off on his flight to Dallas.The pilot announces that the flight is being delayed because of bad weather.Matthew begins loudly protesting the delay,calling the delay "stupid and unnecessary." The flight attendant asks him to lower his voice but Matthew responds,"It is a free country.I will talk as loud as I want." The pilot is summoned to the passenger compartment and tells Matthew to step off the plane.Matthew responds,"I am not going anywhere except to Dallas if this damn plane will ever take off!" An airport police officer is summoned to the plane.The officer would be legally justified in arresting Matthew for _______(two words)_______.

Question 76

A robbery elevates to an aggravated robbery if the victim is ____ years of age or older.

Question 77

For the offense of burglary to occur,the offender must either ______ a building or remain concealed in the building without the effective consent of the owner with intent to commit a felony,theft,or ________.

Question 78

Elena secretly enters Vito's house for the purposes of murdering him.While in the house Elena discovers that Vito is not at home.Nonetheless,Elena's conduct constitutes the crime of ________.

Question 79

Under the Texas law of burglary,the definition of a building requires a(n)___________ structure intended for some purpose of trade,manufacture,ornament,or use.

Question 80

The cornerstone element that distinguishes a criminal trespass from an ordinary trespass is _____ that entry is forbidden.