• Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off
Reading...
Front

Card Range To Study

through

image

Play button

image

Play button

image

Progress

1/55

Click to flip

Use LEFT and RIGHT arrow keys to navigate between flashcards;

Use UP and DOWN arrow keys to flip the card;

H to show hint;

A reads text to speech;

55 Cards in this Set

  • Front
  • Back

What is the definition of a building



Structure which can contain and is designed to shelter man, animals, or property.


Other than a “traditional” building, what else is considered a building?


Ship - Trailer - Sleeping car - Airplane - or other vehicle or place adapted for overnight;

Accommodations of persons or animals, or for carrying on of business, whether or not a person or animal is actually present.


Define Occupied Structure:


Any area, place, facility, or enclosure, which may be used by persons or animals and IS IN FACT, occupied by a person or animal and known by the defendant to be thus occupied.


Define Property of Another:


If anyone other than the suspect has a possessory or proprietary interest in the property.


Give the elements of 1st Degree Arson CRS 18-4-102:


• Knowingly;
• Set fire to, burned, or caused to be burned;
• Any building or occupied structure of another;
• Without owner’s consent.


How does using explosives factor in?


• Knowingly using explosives is 1st degree arson if a building or structure is damaged or destroyed.


If a surface is scorched or discolored as a result of arson, can you charge?


• No, Mere scorching or discoloration is not enough.


If you set fire to an unfinished house (only the frame exists), is it arson?


Yes, Unfinished structures are “buildings”.


Do your reasons for committing arson matter for charging arson?


Motive is not an element.


What degree felony is 1st degree arson?


CLASS 3 FELONY


What are the elements of 2nd Degree Arson CRS 18-4-103:


• Knowingly;
• Set fire to, burned, or caused to be burned
• Any property (not a building or occupied structure of another).
• Without the person’s consent.


How do explosives factor in?


Can use explosives so long as you damage or destroy any property of another.


What is the penalty for 2nd degree arson where the damage is UNDER 100 dollars?


CLASS 2 MISDEMEANOR


What is the penalty for 2nd degree arson where the damage is OVER 100 dollars?


CLASS 4 FELONY


Give the elements for 3rd Degree Arson CRS 18-4-104:


• By means of fire or explosives;
• Intentionally damaged any property;
• With intent to defraud.


What is the penalty for 3rd degree arson?


CLASS 4 FELONY.



Give the elements of 4th Degree Arson CRS 18-4-105:


• Knowingly or recklessly;
• Starts or maintains a fire or causes an explosion;
• On his own property or that of another.
• And places:
*Another person in danger of death or serious bodily injury; OR
*Any building or occupied structure of another in danger of damage.


What “mens rea” do you need to charge 4th degree arson?


Reckless


4th degree arson is a class 4 felony if:


A PERSON IS ENDANGERED.


4th degree arson is a class 3 misdemeanor if:


PROPERTY VALUED UNDER 100 dollars IS ENDANGERED


4th degree arson is a class 2 misdemeanor if:


PROPERTY VALUED OVER 100 dollars IS ENDANGERED.



The difference in seriousness among degrees of burglary is based upon:


• The place which is burglarized.
• Whether offender is armed.
• Whether occupant is injured.


Give the elements of 1st Degree Burglary CRS 18-4-202:


• Offender knowingly;
• Unlawfully entered or remained in (after a lawful or unlawful entry);
• A building or occupied structure;
• With the intent;
• To commit a crime therein (except trespass);
AND
• Offender or other participant assaults or menaces any person while the offender is:

• Entering the building;
• In the building or occupied structure;
• Or during the flight therefrom.
OR

• Offender or other participant is armed with explosives or a deadly weapon.


If you charge burglary, can you also charge trespass?


Yes, Trespass is not a lessor included offense of 1st degree burglary.


To charge burglary, does the offender have to complete the intended crime?


No, there is no requirement that intended crime be completed.


If a 4 people commit a burglary and one of the group satisfies the requirements of 1st degree burglary, who can be charged with it?


All of them. Any armed participant will bring charge of 1st degree to any other participant.


WHAT IS THE PENALTY FOR 1ST DEGREE BURGLARY?


CLASS 3 FELONY.


WHEN IS 1ST DEGREE BURGLARY A CLASS 2 FELONY?


IF IT IS A BURGLARY OF CONTROLLED SUBSTANCES.


Give the elements of 2nd Degree Burglary CRS 18-4-203:


• Involves burglary of a building or occupied structure without being armed or assaulting/menacing anyone.
• Knowingly;
• Unlawfully broke into or entered or remained in lawful or unlawful entry);
• A dwelling, building, or occupied structure;
• With intent to commit a crime against a person or property.


What must you prove to charge burglary instead of trespass?


intent to commit a crime.


WHEN IS 2ND DEGREE BURGLAR A CLASS 3 FELONY?


IF IT IS A BURGLARY OF A DWELLING OR OF CONTROLLED SUBSTANCES.


Give the elements 3rd Degree Burglary CRS 18-2-204:


• Offender;
• Broke into;
• A vault, safe, cash register, coin vending machine, product dispenser, money depository, safety deposit box, coin telephone, coin box, or other apparatus or equipment whether or not coin operated.


If you charge burglary and the offender kicked in the front door causing damage, can you charge criminal mischief?


Yes, Criminal mischief is not a lesser included offense of 3rd degree burglary.


Give the elements of Possession of Burglary Tools CRS 18-4-205:


• Possessed;
• Any explosive, tool, instrument, or other article adapted, designed or commonly used to commit or facilitate the commission of the offense;
• Involving forcible entry into premises or theft by physical taking;
• With the intent that the offender or another person use the thing possessed in the commission of such offense.


WHAT IS THE PENALTY FOR POSSESSION OF BURGLARY TOOLS?


CLASS 6 FELONY.


DEFINE ROBBERY


Robbery is the taking of property from another by force.


The 4 main types of robbery are:


a. Robbery (simple).
b. Aggravated robbery (armed).
c. Aggravated robbery of controlled substances.
d. Aggravated robbery of an at-risk adult/juvenile.



Give the elements of Robbery CRS 18-4-301


• Knowingly;
• Took anything of value;
• From the person OR presence of another;
• By use of force, threats, intimidation


Why is “Purse snatching” is almost always charged as a theft from a person instead of robbery?


Because the victim hardly realizes the purse is gone before she sees the defendant running down the street.


Is the value of property taken in a robbery relevant?


No, the value of property is NOT relevant.


WHAT IS THE PENALTY FOR ROBBERY?


CLASS 4 FELONY.


Give the elements for Aggravated Robbery CRS 18-4-302

.
The offender committed a robbery (as above) while armed under one of the following circumstances:

• Intent to hurt if resisted.
• Wounds/strikes victim with a deadly weapon.
• Creates fear with a deadly weapon.
• Possession or representation of possession of a facsimile deadly weapon.
• Takes controlled substances.
• Robbery of an at-risk adult/juvenile.



If an offender has someone helping them commit a robbery and the other person has a weapon and uses it to commit the robbery, can the offender be charged with aggravated robbery as well?


Yes, If the offender has a confederate aiding or abetting who has a deadly weapon and either intended to use the weapon if resisted, or puts the victim or others in fear of death or bodily injury, the offender is guilty of aggravated robbery.


Can you charge someone with aggravated robbery if they use an airsoft pistol?


Yes, facsimiles of deadly weapons (including airsoft pistols) means any article used or fashioned in a manner to lead any person to whom is present to believe it to be a deadly weapon and are sufficient to charge aggravated robbery if they put victim in fear of SBI or death.


If the offender makes a “finger gun” inside a pocket and robs someone, can the offender be charged with aggravated robbery?


Yes, It is a crime if the robber makes representations that he is armed with a deadly weapon.


WHAT IS THE PENALTY FOR AGGRAVATED ROBBERY?


CLASS 3 FELONY.


WHEN IS AGG. ROBBERY A CLASS 2 FELONY?


IF THE SUBJECT OF THE THEFT IS CONTROLLED SUBSTANCES FROM A PERSON WITH LAWFUL CUSTODY OF THE SUBSTANCES.


Define THEFT CRS 18-4-401


This crime involves the stealing of anything of value from another.


Is property value a factor in theft?


Yes, the severity of the penalty depends upon the value of that which is stolen and from whom it is taken.


Give the elements of THEFT CRS 18-4-401


• Intent to permanently deprive;
• The victim of the use and benefit;
• Of the thing of value.
• Without authorization, or by threat, or deception; or
• Receives, loans money by pawn or pledge on, or disposes of anything of value or belonging to another that he knows or believes to have been stolen (2013).


Give the elements of THEFT in a “shoplifting”


• Knowingly used, concealed, or abandoned;
• The thing of value;
• Intending to permanently deprive another of its use or benefit.


Give the elements of THEFT in a “ransom” scenario


• Demanded consideration.
• Demanded something of value.
• To which the offender was not entitled.
• As a condition for the return of the thing of value to the victim; or
• Knowing retained the thing of value more than 72 hours after the agreed upon return in any lease or hire agreement (2013).


Give the elements for Theft from the person


• Offender knowingly;
• Obtained control over a thing of value;
• By taking it from the person or presence of another;
• Without the use of force/threats/intimidation.


Give the elements for Theft from an at-risk adult/juvenile


• If theft is committed in any of the ways listed above and the victim is an at-risk adult/juvenile the penalty is increased.


Define Aggravated Motor Vehicle Theft CRS 18-4-409


This crime involves the taking of the vehicle from another.