Difficult Statutes

Question 3

• Intentionally, recklessly, or negligently damages property of another in the employment of fire, explosives or other means [listed in 3302(a) casuing a catastrophe]
• Intentionally, or recklessly tampers w/ property of another so as to endanger person/property
• Intentionally, or recklessly causes pecuniary loss by deception/threat
• Intentionally defaces public/private propert w/ graffiti
• Intentionally damages real/personal property of another
• Intentionally damages personal, private, or public property by discharging a paintball gun

Answer 3

3304: Criminal Mischief

S

M.3= intentionally/recklessly causes loss in excess of $500 (in cases of graffiti… in excess of $150)

M.2= intentionally causes loss in excess of $1,000

F.3= intentionally causes loss is excess of $5,000; or causes a substantial interruption/impairment of public communication, transportation, supply of water, gas, power, or other public service

**there is NO M.1 criminal mischief

Question 36

-knowingly desecrates, vandalizes, defaces, or damages:

• place used for religious worship/religious purposes
• place used for burial/memorializing the dead
• school, educational facility, comm. center, municipal building, court facility, state/local gov’t building or vehicle
• grounds adjacent to, owned, or occupied by above
• any personal property located inside any of the above

-carrying an aerosol spray-paint can, broad tipped indelible marker or similar device onto property w/ intent to commit vandalism

Answer 36

3307: Institutional Vandalism

M.2

F.3= loss in excess of $5,000; or any act of desecration

Act of Desecration= defacing, damaging, polluting, or otherwise physically mistreating in a way that the actor knows will outrage the sensibilities of persons likely to observe or discover the action

Question 51

-uses/attempts to use an access device to obtain property/services knowing that:

• device is counterfit/altered
• device was issued to another person who has not authorized its use
• device has been revoked/canceled
• for any other reason, his use of the device is unauthorized by the issuer/device holder

**defense to last point= actor proves by a prep. of the evidence that he had intent/ability to meet all obligations to the issuer arising out of his use of the device

Answer 51

4106(a)(1): Access Device Fraud (unlawful use)

M.2= value is less than $50

M.1= value is $50 or more, but less than $500

F.3= value is $500 or more

**scheme/course of conduct= values to be aggregated

Question 58

• w/ intnent to defraud/injure, or with knowledge that he’s facilitating a fraud:
• alters any writing of another w/o authority
• makes, completes, executes, authenticates, issues, or transfers any writing so that it purports to be the act of another who did not authroize such, or to have been executed at a time/place, or numbered sequence other than was in fact the case, or to be a copy of an original, when no such original exists
• utters any writing which he knows to be forged

Answer 58

4101: Forgery

M.1

F.3= purports to be a will, deed, contract, release, commercial instrument, or other document evidencing, creating, transferring, altering, terminating, or otherwise affecting legal relations

F.2= purports to be an issue of money, securites, postage, or revenue stamps, or other instruments issued by gov’t or part of an issue of stock, bonds, or instruments representing interests in property/enterprise

Question 74

• Takes possession of, transfers, or carries away any merchandise offered for sale by a retail establishment w/ intent of depriving merchant; w/o paying the full retail value
• Alters, transfers, or removes any price tagging AND attempts to purchase merch. at less than retail value
• Transferes any merchandise to another container w/ intent to depreive retailer of full retail value
• “under-rings” w/ intent to deprive retailer of retail value
• Destroys, removes, or renders inoperable, any security device w/ intent to deprive merchant

Answer 74

3929: Retail Theft

S= 1st offense; value is less than $150

M.2= 2nd offense; value is less than $150

M.1= 1st or 2nd offense; value is more than $150

F.3= 3rd or subsequent offense (regardless of value); value exceedes $2,000; merchandise is a firearm or motor vehicle

F.2= committed during a man-made/natural/war disaster

*** There is NO M.3 retail theft; 16y/o or older gets fingerprinted, even in summary cases

Question 77

• unlawfully takes/attempts to take possession of, carries away, or exercises unlawful control over
• any movable property of another from a motor vehicle
• w/ intent to deprive him thereof

Answer 77

3934: Theft from a Motor Vehicle

M.3= value is less than $50

M.2= value is $50 or more, but less than $200

M.1= value is greater than $200

F.3= 3rd or subsequent offense in a 5year period; regardless of value

Question 113

THEFT OFFENSE GRADING [3903(a.1)]

F.3

Answer 113

• amount exceeds $2,000
• property stolen is an automobile, airplane, motorcycle, motor boat, or other motor-propelled vehcile
• in cases of (3925) Receiving Stolen Property: if the receiever is in the business of buying/selling stolen property

Question 114

THEFT OFFENSE GRADING (3903a)

F.2

Answer 114

-committed during a manmade/natural/war caused disaster AND constitutes a violation of:

• (3921) Theft by unlawul taking or disposition
• (3925) Receiveing stolen property
• (3928) Unauth. use of auto or other vehicles
• (3929) Retail theft
• property stolen is a firearm
• any amount of anhydrous ammonia

Question 115

THEFT OFFENSE GRADING [3903(b)]

if property was taken from the person, or in breach of fiduciary duty- amount is irrelevant

Answer 115

M.3= amount is less than $50

M.2= amount is $50 or more, but less than $200

M.1= more than $200

**when amount cannot be ascertained, value is deemed to be less than $50

Question 116

THEFT OFFENSE GRADING (3903 a.2)

F.1

Answer 116

in the case of theft by receiving stolen property, the property received, retained or disposed of is a firearm AND the receiver is in the business of buying or selling stolen property.

Question 192

• intentionally or recklessly
• defaces, marks or otherwise damages the real or tangible personal property of another
• where the property damaged is used in agricultural activity or farming

Answer 192

3309: Agricultural Vandalism

M.3

M.2= loss in excess of $500

M.1= loss in excess of $1,000

F.3= loss in excess of $5,000

*loss includes the cost of repair or replacement of the property affected