RBC Test 3
Grand theft
Property valued - $950 Agricultural products (veggies) valued - $950 Aquacutural products (fish) valued - $950 Property taken over a 12 consecutive month period valued - $950 Property taken from person valued - $950 -Felonies- livestock, motor vehicles, firearms: $950 or more = felony/ Less than $950 = misdemeanor. All other thefts not categorized as grand theft = misdemeanor Petty theft with prior theft related conviction and jail time = misdemeanor.
Occupation
A person exercise physical control over land where the land is possessed and enjoyed.
Trespass (entering and occupying real property)
Any person who enter and occupies, real property or structure of any kind without consent of the owner, the owner's agent, or the person in lawful possession. misdemeanor
Prostitution
Any person who solicits, agrees to engage in, engages in, any act of prostitution, or, some act is agreed to and done in the furtherance of prostitution Misdemeanor pimping= felony Pandering someone into prostitution = felony Prostitution with prior and AIDS= felony loitering with prostitution= misdemeanor
Unauthorized entry of property
Any person, other than a publish officer or employs acting within the course and scope of employment, Who enter or remains, In a noncommercial dwelling house, apartment, or other such place, without consent of the owner, owner's agent, or person in lawful possession misdemeanor
Battery elements
Any willfully and unlawful, use of force or violence, upon the person of another Battery-misd. battery specified person-misd. battery with treatable injury-felony. battery GBI-felony.
Unlawful false reports
Collect money fraudulently through insurance policy claims, cover up another offense
Battery causing/inflicting GBI
Concussion, loss of consciousness, Bone fracture, protracted loss or impairment of any member or rogan, extensive suturing, serious disfigurement
child abduction with custodial rights
Every person who entices away, keeps, withholds, or conceals with intent to deprive the other person of his or her right to custody or visitation Felony
Receiving stolen property
Every person who knowingly buys, receives, conceals, sells, withholds, or aids in concealing, selling or withholding any property obtained by theft or extortion Less than $950 = misdemeanor
Intentional failure to return a leased or rented vehicle within 5 days of expiration of agreement
Felony
opening or attempting to open a vault, safe, or secure device
Felony
unlawful interruption of the utility services: telephone, electric, gas, or water
Felony for all except water
Elder or dependent adult abuse: classification
Felony= over $950 with GBI Misdemeanor= Less than $950 with no GBI theft= misdemeanor or felony imprisonment= felony
Access cards theft
Sell/transfer/convey an access card - $950 or greater = felony. Acquire or more access cards within 12 months - $950 or greater = felony. Acquire/retain access card information with intent to use fraudulently - $950 or greater = felony. Make/alter/use access card - $950 or greater = felony. Forge signature with intent to defraud - $950 or greater = felony. use card or account information unlawfully obtained or alter - $950 or greater = felony. acquire or possess access card with intent to use, sell or transfer without consent - misdemeanor. Forge access card/ retailing with knowledge card is counterfeit/ modify or alter magnetic stripe/ forge access card transaction - $950 or greater = felony. Publish access card, numbers, code - misdemeanor. `
Carjacking
Taking of a motor vehicle from the person or immediate presence of a possessor or passenger by means of force or fear with the intent of either, permanently or temporarily deprive the possessor or passenger Felony Kidnapping while committing a carjacking is a felony
Robbery
Taking of personal property of another from the person or immediate presence against the person's will accomplished by means of force or fear felony
Specified structures
House, room, apartment, tenement scope, warehouse, store, mill, barn, stable, outhouse, or other building Tent, vessel designed for habituation Railroad car, locked or sealed cargo container, trailer coach, any house car inhabited camper moto vehicle when the doors are locked and windows are rolled up aircraft mine or any underground portion thereof
Investigating the theft
Identification of the RO, RP, and DC. location of all keys, similar thefts in area suspicious vehicles in area before theft, make, model, year, color, license plate, title, upgrades, markings, Enter vehicle in SVS, note contents, Name of finance company and insurance information
Grand theft vehicle
If the suspects intent was to permanently deprive the owner, charge with grand theft.
Control
The ability to exercise a restraining or directing influence over something.
Personal Property
Includes any movable objects owned by and individual; all property other than real estate.
Control -Grand theft
It is required that the objects must be hold, carried, or otherwise on the victim's person, not merely in immediate presence.
LD 7- Crimes against person/ death investigations
LD 7- Crimes against person/ death investigations
LD 8 - General criminal statutes
LD 8 - General criminal statutes
Real property
Land and immovable property, affixed to or growing from that land. It may be otherwise referred to as real estate.
Vandalism
Malicious intent to deface with graffiti or other inscribed material damage destroy personal or real property personal or real property not their own damage over $400- felony Less than $400 - misdemeanor 2 prior vandalism conviction - felony
temporarily taking a bicycle, motorboat, or vessel
Misdemeanor
Vehicle theft
The driving or taking of a vehicle no the person's own without consent with intent to temporarily or permanently deprive the owner of title or possession of such vehicle Felony
Burglary
The entry to a building or specified structure with the intent to commit theft or any felony General intent crime Felony
Shop lifting
The entry to a commercial establishment with the intent to commit larceny during regular business hours the value of the property to be taken or intended to be does not exceed $950 Misdemeanor
Forgery
The intent to defraud make, utter, publish, pass, or attempt to pass an altered, forged, or counterfeit document or seal or signs an unauthorized or fictitious name. Less than $950 = misdemeanor
Possession of burglary tools
The possession of certain tools knowingly making, altering, or attempting to make a key or other instrument to fit or opens the lock of a building without legal request with the intent to break or enter into any specific structure for the purpose of committing any misdemeanor or felony misdemeanor
Theft
The taking and carrying away personal property of another without the consent of the owner with the intent to permanently deprive the owner.
Assault with a deadly weapon or by means of force
Unlawful attempt, and The present ability To commit a violent injury Upon the person of another By use of deadly weapon Or force likely to produce GBI Felony
Arson
Willfully and maliciously sets fire to or burns or causes to be burned or aids, counsels, or procures the boring of any structure, forestland or property felony
Incendiary device
a device that is constructed or designed to start a incendiary fire by remote, delay, or instant means.
bailee
a person having the storage, care, safekeeping, custody, or possession of any vehicle subject to registration
Public intoxication
any person in a public place, under the influence of alcohol or drugs, and who, is unable to care for his or her own safety or the safety of others or is obstructing a public way misdemeanor
Trespassing (entering land)
any person who enters any land, whether unenclosed or enclosed by fence, for the purpose of injuring any property or property rights or interfering with, obstructing, or injuring any lawful business or occupation Carried on by the owner of the land, the owner's agent, or by the person in lawful possession. misdemeanor
Possessing or receiving personal property with altered serial numbers of id numbers
any person who knowingly buys, sells, receives, disposes of, conceals, or has in possession any personal property from which the manufacturer's serial number or any other distinguishing number or identification mark has been removed, defaced, covered, altered, or destroyed. Misdemeanor unless it is a computer chip valued more than $950
unlawfully causing a fire
any person who recklessly sets fire to or burns or causes to be burned any structure, forestland, or property felony
Lewd conduct
any person who solicits or engages, in lewd conduct, in a public place, or a place open to public view Misdemeanor
Elder or dependent adult abuse: elements
any person who willfully causes or permits an elder or dependent adult to suffer or inflicts unjustifiable physical pain or medical suffering, Willfully causes or permits the elder or decent adult to be injured or endangered violates any provision of law proscribing theft or embezzlement to the property of that elder or dependent adult 65 years or older
Noncriminal explanations for missing vehicles
borrowed by family members without the permission of the owners, used by another but owner gave permission, taken during domes disputes, reposted by lending institutes, in storage or impounded, misplaced
Death recognition
cessation of breathing, no detectable pulse, cessation of eye movement, body temperature
Forgery documents
deeds, mortgages, wills, lottery tickets, negotiable instruments, contracts
Trespass
entering a tenants premises without permission form the tenant misdemeanor
Child abduction without custodial right
every person not having the right of custody, who maliciously takes, entices away, keeps, withholds, or conceals any minor child with the intent to detain or conceal from a person having lawful custody Felony
assault with a firearm
felony
assault with a firearm on a LEO
felony
assault with a firearm on peace officer or firefighter
felony
assault with caustic chemicals
felony
tentant commits burglary
felony
vandalizing religious education
felony
vandalizing using chemicals
felony
Looting during an emergency
felony or misdemeanor
Vehicular manslaughter
gross negligence while intoxicated= felony gross negligence while not intoxicated= felony ordinary negligence while intoxicated= felony ordinary negligence while not intoxicated= misd.
Designated facilities:
hotel, inn, restaurant, boardinghouse, lodging house, apartment, bungalow court, motel, marina, marine facility, auto camp, public or private campgrounds.
Involuntary Manslaughter
in the commission of an unlawful act not amounting to a felony or in the commission of a lawful act which might produce death in an unlawful manner, or without caution and circumspection felony
maliciously
includes a wish to vex, defraud, annoy, or injure another person or an intent to do a wrongful act, established either by proof or presumption of law.
Property
includes money, labor, animals, crops, or real or personal items
graffiti of government facility or vehicle not exceeding $250
infraction, 2nd attempt misdemeanor, 3rd felony
Tenant lockout
jamming or changing the lock on the tenants door. Misdemeanor
Related statutes
kidnapping a child under 14= felony kidnapping for ransom= felony Taking of hostages= felony
postmortem observation
liver mortis, rigor mortis, putrefaction
recognizing stolen vehicles
location, license plates/identification, appearance, vehicle operating without key, suspicious behavior of driver.
Loitering about a public toilet
loitering in or about, any toilet facility, open to the public, for the purpose of soliciting or engaging in, a lewd or lascivious or unlawful act misdemeanor
Invasion of privacy
looking though, a hole or opening or otherwise viewed by means of any instrumentality into a private area, with the intent to invade the privacy of people therein Misdemeanor.
Vehicle identification number (VIN) identifies:
manufacturer year car line body style engine symbol assembly plant sequential production number
Recklessly
means a reasonable person is aware of and consciously disregards a substantial and unjustifiable risk that his or her act will set fire to, burn, or cause to burn a structure, forest, or property.
forestland
means any brush covered land, cut over land, forest, grasslands, or woods.
structure
means any building, commercial or public tent, bridge, tunnel, or power plant
Dispose of
means to give, give away, loan, offer, offer for sale, sell, or transfer
assault with stun gun or taser
misd. or felony
Repossession of land after legal eviction
misdemeanor
possession of tools for vandalism
misdemeanor
possession, purpose, or sale of aerosol paint to underage
misdemeanor
tenant commits theft
misdemeanor
tenant commits unauthorized entry
misdemeanor
tenant commits vandalism
misdemeanor / felony
vandalism of freeway or within 100 feet of highway
misdemeanor, 2nd felony, 3rd felony
Removal of doors and windows from tenant
removing the doors and windows of the tenants dwelling misdemeanor
Other robbery crimes
robbery of hired vehicle= felony robbery of ATM= felony Other not listed robbery types= felony
Seizure of tenants property
seizing a tenants possessions in payment for delinquent rent. Misdemeanor
Property can be taken from
someone who is in rightful possession of it, a person or place having lawful possession of the property, someone who himself stole the property (since legally the property still belongs to the own from whom it was originally stolen.
Theft crime elements
taking and carrying away of personal property of another without consent with intent to permanently deprive the owner $950 or greater = Felony
Defrauding an innkeeper elements
the obtaining of food, services, or accommodations, at a designated facility without paying with intent to defraud the proprietor or manager $950 or more = felony
Seller
the person who retains the title for the goods being purchased over time until all the conditions of the sales contract have been met.
Buyer
the person who signs a conditional sales contract to purchase goods over a period of time.
Possession of flammable or combustible material
the possession or manufacture or disposal of flammable or combustible material or substance, or any incendiary device in an arrangement or preparation, With intent to willfully and maliciously use such material, substance, or device to set fire to or burn any structure, forestland, or property. felony
Repossessor
the seller, or a full time employee or a licensed repossessor, who physically attempts to retrieve the goods.
Felony murder rule
the situation occurs when any killing happens during the commission of certain felonies: arson, robbery, burglary, mayhem, train wrecking, rape, carjacking, kidnapping, drive by shooting.
Voluntary Manslaughter
the unlawful killing of a human being without malice upon a sudden quarrel or heat of passion Felony
Vehicle Burglary
this occurs at the moment entry is made. In most cases vehicle must be lock and broken into.
Murder
unlawful killing of a human being or fetus with malice aforethought felony
Kidnapping
unlawful taking of a person against his or her will by force or fear from one place to another Felony
False imprisonment
unlawful violation of the personal liberty of another misdemeanor if accomplished by means of force of violence, menace, fraud or deceit= felony
Verifying a criminal act
vehicle payments are up to date, owner received warning late payments, owner is involved in family disputes, family member often use vehicle, friend or family members with duplicate keys
Repossession
when the seller, a full time employee of the seller, or a licensed repossessor, recovers or takes back with complete control, goods that were sold under a conditional sales contract when the buyer fails to pay for them
