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10 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. |
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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. |
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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. |
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Define Property of Another: |
If anyone other than the suspect has a possessory or proprietary interest in the property. |
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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. |
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How does using explosives factor in? |
• Knowingly using explosives is 1st degree arson if a building or structure is damaged or destroyed. |
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If a surface is scorched or discolored as a result of arson, can you charge? |
• No, Mere scorching or discoloration is not enough. |
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If you set fire to an unfinished house (only the frame exists), is it arson? |
Yes, Unfinished structures are “buildings”. |
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Do your reasons for committing arson matter for charging arson? |
Motive is not an element. |
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What degree felony is 1st degree arson? |
CLASS 3 FELONY |