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16rcrc11-SpecCrmI
Specific Crimes I section created by Brian Rister
67
Other
Not Applicable
08/06/2011

Additional Other Flashcards

 


 

Cards

Term
Name some common types of crimes against Property.
Definition
  • Burglary
  • Robbery
  • Trespass
  • Larceny
  • Shoplifting
  • Receiving stolen goods
  • Check fraud
Term
Name some common types of crimes against the person.
Definition
  • Murder
  • Types of Manslaughter
  • Assualt and Battery
  • Lewd Act upon a child
  • Kidnapping
  • Criminal Sexual Conduct (CSC)
  • Other Sexual Assaults
Term

Provide the needed information about the given crime:

 

  • Crime: Carjacking
  • Class:?
  • Court:?
  • Punishment: ?

 

Definition
  • Class: Class C Felony
  • Court: General Sessions
  • Punishment: 
    • up to 20 years or 
    • up to 30 years if great bodily injury results
Term

Provide the elements of the given crime:

 

Crime: Carjacking

Definition
  1. Taking or attempting to take
  2. a motor vehicle
  3. from another person by force and violence or by intimidation
  4. while the person is operating the vehicle or while the person is in the vehicle
Term
Define "great bodily injury"
Definition
Bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ
Term

Provide the needed information about the given crime:

 

Crime: Burglary

Class: ?

Court: ?

Punishment: ?

Definition
  • Class: Felony
  • Court: General Sessions
  • Punishment:
    • 1st degree - not less than 15 years up to life
    • 2nd degree -
      • Subsection A - not more than 10 years
      • Subsection B - not more than 15 years, no parole until one third served
    • 3rd degree -
      • not more than 5 years - 1st offense
      • not more than 10 years - 2nd offense
Term

Provide the elements of the given crime:

 

Crime: Burglary, 1st degree

Definition
  1. Enters a Dwelling without consent and with intent to commit a crime once inside and person or another participant in effecting entry, while in the dwelling or while in immediate flight:
    • Is armed with deadly weapon or explosive
    • Causes physical injury to non-participant
    • Uses or threatens use of dangerous instrument
    • Displays what appears to be knife or gun
    • Has prior record of two or more convictions for Burglary
    • Enters, remains in, or exits during nighttime
Term

Provide the elements of the given crime:

 

Crime: Burglary, 2nd degree

Definition
  1. Subsection A - Enters a Dwelling without consent and with intent to commit a crime once inside. (No other factors listed in 1st degree are present.)
  2. Subsection B - Enters a Building without consent and with intent to commit a crime once inside and person or another participant in effecting entry, while in the dwelling or while in immediate flight:
    • Is armed with deadly weapon or explosive
    • Causes physical injury to non-participant
    • Uses or threatens use of dangerous instrument
    • Displays what appears to be knife or gun
    • Has prior record of two or more convictions for Burglary
    • Enters, remains in, or exits during nighttime
Term

Provide the elements of the given crime:

 

Crime: Burglary, 3rd degree

Definition
  1. Enters a Building without consent with intent to committ a crime once inside. (No other factors listed in 1st degree are present.)
Term
As it relates to Burglary, define Building.
Definition

Any structure, vehicle, watercraft, or aircraft:

  • Where any person lodges or lives, or
  • Where people assemble for business, government, education, religion, entertainment, public tranportation, or public use or where goods are stored
Term
As it relates to Burglary, define Dwelling.
Definition
  • The living quarters of a building which is used or normally used for sleeping, living, or lodging by a person
  • And its defintion found in SC Code 16-11-10
Term
Define the phrase "Enters a building without consent".
Definition
  • To enter a building without consent of the person in lawful possession, or
  • To enter a building by using deception, artifice, trick, or misrepresentation to gain consent to enter from the person in lawful possession
Term

Provide the needed information about the given crime:

 

Crime: Robbery

Class: ?

Court: ?

Punishment: ?

Definition
  • Class: Class A felony
  • Court: General Sessions
  • Punishment: (all are felonies)
    • Simple and Strong Arm Robbery - Max 15 years
    • Armed Robbery - Max 30 years, Min 10 years
Term

Provide the elements of the given crime:

 

Crime: Robbery, Simple

Definition
Occurs where the Larceny is accomplished by the use of intimidation
Term

Provide the elements of the given crime:

 

Crime: Robbery, Strong Arm

Definition
Occurs where the Larceny is accomplished by the use of force
Term

Provide the elements of the given crime:

 

Crime: Armed Robbery

Definition
  • Occurs where the Larceny is accomplished with a deadly weapon, or
  • Where the Larceny is accomplished by a person alleging, either by words or action, that he/she was armed while using a representation of a deadly weapon or any object which a person might present which is reasonably believed to be a weapon
Term
True/False: Another name for Simple Robbery is Common Law Robbery.
Definition
True
Term

Provide the needed information about the given crime:

 

Crime: Purse Snatching

Class: ?

Punishment: ?

Definition
  • Class: Class A Misdemeanor
  • Punishment: up to 3 years upon convicted
Term
Provide a basic definition of Trespass
Definition
Entry onto another's pasture, or other lands after notice, posting notice, that such entry is prohibited
Term

Provide the needed information about the given crime:

 

Crime: Trespass - Entry on another's land after notice, posting notice

Class: ?

Court: ?

Punishment: ?

Definition
  • Class: Exempt Misdemeanor
  • Court: Summary Court
  • Punishment: up to $100 or up to 30 days
Term

Provide the elements of the given crime:

 

Crime: Trespass - entry on another's land after notice, posting notice

Definition
  1. The accused entered the lands of another, and
  2. The accused was on notice that such entry was prohibited (sufficient to post signs in four conspicuous places on the border of the land prohibiting entry)
Term
For land to be "properly marked", how many signs are needed and where?
Definition
  • Minimum of 4 signs and
  • On the borders of the property
Term

Provide the needed information about the given crime:

 

Crime: Entry on another's land for various purposes without permission

Class: ?

Court: ?

Punishment: ?

Definition
  • Class: Exempt Misdemeanor
  • Court:
    • 1st and 2nd offense - Summary Court
    • 3rd and Subsequent offenses - General Sessions
  • Punishment:
    • 1st offense - up to $200 or up to 30 days
    • 2nd offense - $100 up to $200 or up to30 days
    • 3rd & Subsequent - $500 up to $1000 or up to 6 months or both
    • (prior offenses must have occurred within 10 years)
Term

Provide the elements of the given crime:

 

Crime: Entry on another's land for various purposes without permission

Definition
  1. The accused entered the lands of another, and
  2. Entry was for the purpose of hunting, fishing, trapping, netting, gathering fruit or flowers, turf, vegetables, shrubbery, straw, herbs, or cutting timber, without the consent of the owner or tenant
Term

Provide the needed information about the given crime:

 

Crime: Entering premises after warning or refusing to leave on request

Class: ?

Court: ?

Punishment: ?

Definition
  • Class: Exempt Misdemeanor
  • Court: Summary Court
  • Punishment: up to $200 or up to 30 days
Term

Provide the elements of the given crime:

 

Crime: Entering premises after warning or refusing to leave on request

Definition
  1. The accused without legal cause or good excuse, entered the dwelling, place of business, or premises of another, and
  2. The accused had been warned not to enter such premises, OR
  3. The accused, without having been warned, failed or refused to leave, without good cause or excuse, immediately after having been ordered or requested to do so by the person in possession, his agent or representative
Term
In the crimes relating to Trespassing, what is the distinguishment between the owner of the property and a tenant?
Definition
A tenant may lawfully exclude the owner under this statute because the premises are the tenant's dwelling
Term

Provide the needed information about the given crime:

 

Crime: Forgery

Class: ?

Court: ?

Punishment: ?

Definition
  • Class:
    • Class A Misdemeanor, and
    • Class E or F felony
  • Court: General Sessions
  • Punishment:
    • Value  <$5000 - 5 years or fined in discretion of the court or both (Class F felony)
    • Value $5000 or more - 10 years or fined in discretion of the court or both (Class E felony)
    • Involves NO dollar amount - 3 years or fined in discretion of the court or both (Class A Misdemeanor)
Term

Provide the elements of the given crime:

 

Crime: Forgery

Definition
  1. A false making, material alteration or uttering of a written or printed instrument,
  2. With intent to defraud.
  3. The instrument is one capable of causing legal injury
Term

Provide the needed information about the given crime:

 

Crime: Grand Larceny

Class: ?

Court: ?

Punishment: ?

Definition
  • Class: Class E and F felony
  • Court: General Sessions
  • Punishment: If the value of property is -
    • More than $2000, less than $10,000 - up to 5 years (Class F felony)
    • $10,000 or more - up to 10 years (Class E felony)
Term

Provide the elements of the given crime:

 

Crime: Grand Larceny

Definition
  1. The accused committed the unlawful (without consent)
  2. Taking
  3. and carrying away
  4. of the personal property
  5. of another
  6. with intent to permanently deprive the owner of the property, and
  7. the value of the property was more than $2000
Term
What is the Class and Punishment for someone convicted of Grand Larceny, 3rd or subsequent offense?
Definition
  • Class: Class E felony
  • Punishment: 10 years regardless of property value
Term

Provide the needed information about the given crime:

 

Crime: Petit (Petty) Larceny

Class: ?

Court: ?

Punishment: ?

Definition
  • Class: Exempt Misdemeanor
  • Court: Summary Court
  • Punishment: 30 days or $1000
Term

Provide the elements of the given crime:

 

Crime: Petty Larceny

Definition
  1. The accused committed the unlawful (without consent)
  2. taking
  3. and carrying away
  4. of the personal property
  5. of another
  6. with the intent to permanently deprive the owner of the property, and
  7. the value of the property was $2000 or less
Term

Provide the needed information about the given crime:

 

Crime: Shoplifting

Class: ?

Court: ?

Punishment: ?

Definition
  • Class:
    • Exempt Misdemeanor ($2000 or less)
    • Felony (more than $2000)
  • Court:
    • Misdemeanor - Summary Court
    • Felony - General Sessions
  • Punishment:
    • Summary Court - up to $1000 or up to 30 days
    • General Sessions -
      • Value $2000 but less than $10,000 - up to $1000 or up to 5 years, or both
      • Value $10,000 or more - up to 10 years
Term

Provide the elements of the given crime:

 

Crime: Shoplifting

Definition
  1. The accused did take possession of, carry away, transfer from one person to another, or from one area of the store to another, or caused to be carried away or transferred any merchandise displayed, held, stored, or offered for sale by any store or other retail merchantile establishment, or
  2. Alter, transfer, or remove any label, price tag marking, indicia of value or other value-related markings of any merchandise displayed, held, stored, or offered for sale, or
  3. Transfer any such merchandise from the container in which it is displayed, to any other container, AND
  4. That by any of the above actions the accused did intent do deprive the merchant of the possession, use, or benefit of such merchandise without paying full retail value
Term
In terms of shoplifting, what does Conceal mean?
Definition
To hide merchandise on the person or among the belongings of a person so that, although there may be some notices of its presence, it is not visible through ordinary observation
Term
In terms of shoplifting, what does Full Retail Value mean?
Definition
The merchant's stated or advertised price of merchandise
Term
In terms of shoplifting, what does Merchandise mean?
Definition
Any goods, chattels, foodstuffs, or wares of any type and description, regardless of value
Term
In terms of shoplifting, what does Merchant mean?
Definition
An owner or operator of any retail mercantile establishment or any agent, employee, lessee, consignee, officer, director, fanchisee, or independent contractor of the owner or operator
Term
In terms of shoplifting, what does Store or Other Retail Mercantile Establishment mean?
Definition
A place where merchandise is displayed, held, stored, sold, or offered to the public for sale
Term
Can a shoplifter be held civilly liable?
Definition
Yes
Term

Provide the needed information about the given crime:

 

Crime: Receiving Stolen Goods

Class: ?

Court: ?

Punishment: ?

Definition
  • Class:
    • Exempt Misdemeanor (Summary Court - $2000 or less)
    • Class E or F felony (more than $2000)
  • Court:
    • Summary Court - value $2000 or less
    • General Sessions - value more than $2000
  • Punishment:
    • $2000 or less - 30 days or $1000 (Misdemeanor)
    • Over $2000, less than $10,000 - not less than $1000 or 5 years (Class F felony)
    • $10,000 or more - not less than $2000 or 10 years (Class E felony) 
Term

Provide the elements of the given crime:

 

Crime: Receiving Stolen Goods

Definition
  • Accused bought, received, or possessed goods, chattels, or other property that had been stolen and the accused did so knowingly these items to have been stolen
  • If property is stolen property, one who receives it does so with knowledge if:
    • he has actual knowledge that it is stolen, or
    • he has reasonable belief that it is stolen
Term
What is the Class and Punishment for someone convicted of Receiving Stolen Goods, if it is their 3rd or subsequent offense?
Definition
  • Class: Class E felony
  • Punishment: 10 years, regardless of the value of property
Term

Multiple Choice: The receipt of multiple stolen items in a single transaction or event constitutes:

 

  1. One offense for each item stolen
  2. A single offense
  3. None of the above
Definition
2. A single offense
Term

Provide the needed information about the given crime:

 

Crime: Embezzlement of Public Funds

Class: ?

Court: ?

Punishment: ?

Definition
  • Class: Felony (Class E and F)
  • Court: General Sessions
  • Punishment:
  • Less than $10,000 - up to 5 years and fined in discretion of court
  • $10,000 or more - up to 10 years and fined in discretion of court
Term

What are the elements of the following crime:

 

Crime: Embezzlement of Public Funds

Definition
  1. The accused was a public employee (state,city,county)
  2. charged with handling public funds
  3. The funds were entrusted to the accused in his or her official capacity
  4. The accused fraudulently converted these funds to his or her own use
Term

Multiple Choice: If convicted of Embezzlement, the accused is disqualified from public position unless disqualification is removed by:

 

  1. The Governor
  2. Two thirds vote of the General Assembly
  3. Can not be removed under any circumstances
  4. None of the above
Definition
2. Two thirds vote of the General Assembly
Term

Provide the missing information about the given crime:

 

Crime: Breach of Trust with Fraudulent Intent

Class: ?

Court: ?

Punishment: ?

Definition
  • Class:
    • Exempt Misdemeanor ($2000 or less)
    • Class F felony (more than $2000 but less than $10,000)
  • Court:
    • Summary Court - $2000 or less
    • General Sessions - more than $2000
  • Punishment:
    • $2000 or less - up to $1000 or 30 days
    • More than $2000, less than $10,000 - fined in discretion of court or up to 5 years (Class F felony)
    • $10,000 or more - fined in discretion of court or up to 10 years (Class E felony)
Term

What are the elements of the following crime:

 

Crime: Breach of Trust with Fraudulent Intent

Definition
  1. The accused lawfully received, or hired, or counseled another person to receive,
  2. the property
  3. of another
  4. in trust
  5. and converted the property to his or her own use
  6. with fraudulent intent to deprive the owner of its use
Term

Provide the missing information about the given crime:

 

Crime: Obtaining Signature or Property by False Pretenses

Class: ?

Court: ?

Punishment: ?

Definition
  • Class:
    • Exempt Misdemeanor - $2000 or less
    • Class E or F felony - more than $2000
  • Court:
    • Summary Court - $2000 or less
    • General Sessions - more than $2000
  • Punishment:
    • $2000 or less - up to $1000 or 30 days
    • More than $2000, less than $10,000 - fined in discretion of court or up to 5 years or both (Class F felony)
    • $10,000 or more - up to $500 and up to 10 years (Class E felony)

 

Term

What are the elements of the given crime:

 

Crime: Obtaining Signature or Property By False Pretenses

Definition
  1. A person who by false pretense or representation
  2. obtains the signature of a person to a written instrument or obtains from another person any chattel, money, valuable security or other property, real or personal,
  3. with intent to cheat and defraud a person of that property
Term

Provide the missing information about the given crime:

 

Crime: Unlawful Carrying of a Pistol

Class: ?

Court: ?

Punishment: ?

Definition
  • Class: Misdemeanor, Class C
  • Court: General Sessions
  • Punishment: up to $1000 or up to 1 year or both
Term
According to the elements, of the crime: Unlawful Carrying of a Pistol, it is unlawful for anyone to carry about the person, whether concealed or not, any pistol. Name a few exceptions.
Definition
  • Regular, salaried law enforcement officers on official duties
  • Members of the Armed Forces when on duty
  • Members of Organizations authorized by law to purchase/receive firearms
  • Licensed hunters/fishermen while engaged in the action
  • Any person regularly engaged in business of making, repairing, dealing, etc
  • Guards engaged in protection of U.S. propert
  • Authorized military and civil organizations going to/from meeting places
  • Any person in his home, real property, or fixed place of business
  • Person carrying unloaded pistol from place of purchase to home
  • Prison guard while on duty
  • Any person granted permit (CWP) by SLED
Term
If a person, without a CWP, wishes to carry a firearm in his/her vehicle in the state of SC, where are the only 3 spots that firearm is legally allowed to be placed?
Definition
  • Secured in a closed glove compartment
  • Secured in a closed console
  • Secured in a closed trunk
Term
True/False: For a firearm to be carried in vehicle, by an ordinary person without a CWP, it may be placed in the glove box, console, or trunk, however the compartment must be locked.
Definition
False
Term

Provide the missing information about the given crime:

 

Crime: Sale or Delivery of a Pistol to Certain Persons is Unlawful; Possession of a Pistol by Certain Persons is Unlawful

Class: ?

Court: ?

Punishment: ?

Definition
  • Class: Felony, Class F
  • Court: General Sessions
  • Punishment:
    • up to $2000 or
    • up to 5 years or both
Term

What are the elements of the following crime:

 

Crime: Sale or Delivery of a Pistol to Certain Persons is Unlawful; Possession of a Pistol by Certain Persons is Unlawful

 

Definition

It is unlawful for any person to knowingly sell, offer to sell, deliver, lease, rent, barter, exchange, or transport for sale into this State, any pistol to:

  • Any person convicted of a violent crime
  • Any member of a subversive organization
  • Any person under age 18 (except member of Armed Forces)
  • Any person adjudicated unfit to carry a pistol
  • Unlawful for any person above to possess or acquire a pistol in this State

 

Term
True/False: It is acceptable to purchase a firearm that no longer has its original serial number, or in which the serial number has been removed, as long as the owner in possession of the firearm has a Salvage Title for the weapon.
Definition
False
Term
What "Act" is also known as the "Concealed Weapons Bill"?
Definition
Law Abiding Citizens Self-Defense Act of 1996
Term

Multiple Choice: A Concealed Weapon means a firearm having a length of less than:

  1. 9" measured along greatest dimension
  2. 10" measured along greatest dimension
  3. 12" measured along greatest dimension
  4. 8" measured along greatest dimension
  5. 10" measured along the barrel
  6. 10" measured from front sight to chamber
Definition
3. 12" measured along greatest dimension
Term
Name some places where an individual with a CWP is not authorized to carry a concealed weapon.
Definition
  • Any law enforcement station or other facility
  • Any type of correctional facility, jail, prison, etc
  • Courthouse and/or courtroom
  • Polling place on election days
  • Any Government building or meeting place of a governing body
  • School or college athletic event not related to firearms
  • Day care facility or pre-school
  • Any place prohibited by federal law
  • On any premises properly posted "No Concealable Weapons"
  • Church or other religious establishment without expressed permission
  • Hospital, or other medical facility without expressed authorized permission from employer
Term

Provide the missing information about the given crime:

 

Crime: Drawing and Uttering Fraudulent Check, Draft or Other Written Order

Class: ?

Court: ?

Punishment: ?

Definition
  • Class:
    • Amount $1000 or less - Class C or exempt misdemeanor
    • Amount more than $1000 - Class B misdemeanor 1st offense
  • Court:
    • Magistrate's - $1000 or less
    • General Sessions - over $1000
  • Punishment:
    • $500 or less - $50 to $200 or up to 30 days
    • Over $500, up to $1000 - $300 to $500 or up to 30 days or both
    • More than $1000 - $300 to $1000 or up to 2 years or both
Term

Multiple Choice: An arrest warrent can not be obtained for a fraudulent check unless action is brought within how many days after the check was uttered?

  1. 15 days
  2. 30 days
  3. 60 days
  4. 90 days
  5. 120 days
  6. 180 days
Definition
6. 180 days
Term

Multiple Choice:  How many times is Expungement allowed?

 

  1. 0
  2. 1
  3. 2
  4. 3
  5. once every 10 years
Definition
2. 1
Term

Multiple Choice: If an individual that writes a bad check and is notified accordingly, and does not pay the amount due on the check, and a service fee of $30, within 10 days after written notice has been sent, it constitutes:

  1. A Class A misdemeanor
  2. Suspect is a flight risk
  3. Prima Facie evidence of fraudulent intent
  4. The individual suffers from a form of dementia
Definition
3. Prima Facie evidence of fraudulent intent
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