Study your flashcards anywhere!

Download the official Cram app for free >

  • 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

How to study your flashcards.

Right/Left arrow keys: Navigate between flashcards.right arrow keyleft arrow key

Up/Down arrow keys: Flip the card between the front and back.down keyup key

H key: Show hint (3rd side).h key

A key: Read text to speech.a key

image

Play button

image

Play button

image

Progress

1/9

Click to flip

9 Cards in this Set

  • Front
  • Back
Third Degree Burglary
1. KNOWINGLY entering or remaining unlawfully;
2. In a BUILDING; AND
3. With the intent to commit ANY CRIME therein.
Second Degree Burglary

(Qualifies for First Degree Murder)
Building is a DWELLING;
The Defendant INJURED A NONPARTICIPANT; or
The defendant WAS ARMED

Nonparticipant may be injured in the commission or in the FLIGHT.
First Degree Burglary
D commits burglary in a DWELLING (including vehicles); AND

1. Injures a nonparticipant
2. The defendant is ARMED
Burglary Affirmative Defense
If D's being armed is part of the charge, there is an affirmative defense that:

1. Instrument was NOT LOADED; OR
2. NOT A WEAPON
Fourth Degree Arson
(Qualifies for First Degree Murder)
RECKLESSLY damaging a building or motor vehicle,
2. By INTENTIONALLY starting a fire or causing an explosion.

Affirmative Defense:
D has sole possessory interest in property.
Third Degree Arson
(Qualifies First Degree Murder)
INTENTIONALLY damaging a building or motor vehicle,
2. By INTENTIONALLY starting a fire or causing an explosion.

Affirmative Defense:
1. ALL PERSONS with possessory or proprietary interests in the property CONSENTED
2. The Defendan't INTENT was to cause damage for a LAWFUL PURPOSE; AND
3. The defendant had NO REASONABLE GROUND TO FEAR FOR THE SAFETY of another person or to fear damage to another building or motor vehicle.
Second Degree Arson
(Qualifies First Degree Murder)
1. INTENTIONALLY damaging a building or motor vehicle,
2. By INTENTIONALLY starting a fire,
3. with knowledge that NONPARTICIPANT IS PRESENT in the buildingor motor vehicle AND circumstances are such that person's presence is a REASONABLE POSSIBILITY.

The nonparticipant NEED NOT BE INJURED.
First Degree Arson
(Qualifies First Degree Murder)
Defendant causes explosion by incendiary or explosive device.
Second Degree Criminal Trespass
Knowingly enters or remains in a dwelling.