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