Property Crime Elements

Question 1

Define Theft (Wobbler).

Answer 1

• The taking
• And carrying away
• Of personal property of another person
• Without consent
• With intent to permanently deprive the owner

A wobbler can be charged as either a misdemeanor or felony depending on circumstances.

Question 2

What constitutes Vehicle theft (Felony)?

Answer 2

• The driving or taking of a vehicle
• Without the owner’s consent
• With the intent to temporarily or permanently deprive the owner
• Of title or possession of such vehicle

Vehicle theft is considered a felony due to its serious nature.

Question 3

What is Defrauding an innkeeper (Wobbler)?

Answer 3

• The obtaining of food, services, or accommodations
• At a designated facility (hotel, inn, restaurant, marina, auto camp, campground)
• Without paying
• With intent to defraud the proprietor or manager

This offense can also be charged as a misdemeanor or felony.

Question 4

Define Burglary (Felony).

Answer 4

• The entry to a building or specified structure
• With the intent to commit
• Theft or any felony
• First degree if inhabited
• Second degree is all other instances of burglary

Inhabited means currently used for dwelling purposes, not necessarily occupied at the time.

Question 5

What is Shoplifting (Misdemeanor)?

Answer 5

• The entry of a commercial establishment
• With the intent to commit larceny
• During regular business hours
• Value of property taken does not exceed $950

Shoplifting is classified as a misdemeanor due to the value limit.

Question 6

Define Possession of burglary tools (Misdemeanor).

Answer 6

• The possession of certain tools
• Knowingly making, altering, or attempting to make a key or other instrument to fit or open the lock of a building without legal request
• With the intent to break or enter into any specified structure
• For the purpose of committing any misdemeanor or felony

This includes possessing or receiving personal property with altered serial numbers or ID marks.

Question 7

What does it mean to Receive stolen property?

Answer 7

• Every person who knowingly
• Buys, receives, conceals, sells, withholds
• Or aids in concealing, selling, or withholding
• Any property obtained by theft or extortion

This offense involves knowingly dealing with stolen goods.

Question 8

Define Forgery.

Answer 8

• 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

Forgery is a serious crime involving deception.

Question 9

What constitutes Arson?

Answer 9

• Willfully and maliciously
• Sets fire to or burns or causes to be burned
• Or aids, counsels, or procures the burning of
• Any structure, forestland, or property

Arson involves intentional damage through fire.

Question 10

Define Unauthorized entry of property.

Answer 10

• Any person other than a public officer or employee acting within the scope of employment
• Who enters or remains
• In a noncommercial dwelling
• Without the consent of the owner or person in lawful possession

This offense is related to trespassing laws.

Question 11

What is Trespass?

Answer 11

• Any person who enters and occupies
• Real property or structures of any kind
• Without consent of the owner or person in lawful possession

Trespass laws protect property rights.

Question 12

Define Vandalism.

Answer 12

• Malicious intent
• To deface with graffiti, or other inscribed material
• Or damage or destroy
• Personal or real property
• That is not their own

Vandalism is considered a crime against property.