CHAPTER EIGHT

Robbery

By definition - Is the taking of property by the use of or threatened use of immediate physical force.

OBJECTIVE #1 -

Identify the elements of:

Robbery in the Second Degree - MCCH Ch. 8.3

Robbery in the First Degree - MCCH Ch. 8.4

OBJECTIVE #2 -

Identify the aggravating circumstances that make robbery first degree other than when a deadly weapon or dangerous instrument is used. MCCH Ch. 8.4 Elements

Difference between 1st Degree and 2nd Degree is presence of 1 of 4 aggravating factors on page 126.

B. Question 1 worksheet - No robbery - no force in taking the property (threatened or used)

1. Question 1A - What was the purpose of force - not the taking. Not robbery.

2. Question 1B - Robbery II - No requirement that the property be on or immediately near the person.

3. Question 1C - Could be robbery if child was there. Question is: was the threat immediate? Possibly here. Could be stealing by coercion.

4. Question 1D - Same questions as above. Probably stealing by coercion rather than robbery - but book says - threat that injury may take place at different time is still robbery.

5. Question 1E - No question here. Transfer of property completed pursuant to the threat of physical force.

C. Pharmacy Robbery.

1. Contains minimum sentences with no parole.

OBJECTIVE #3 -

Arson

Identify the elements of.

a. Arson in the Second Degree - MCCH Ch. 8.8

b. Arson in the First Degree - MCCH Ch. 8.9

A. What is difference between 1st and 2nd Degree Arson?

In 1st Degree Arson a person is in or near building when fire started and is recklessly (know or should have known) placed in danger of death or serious physical injury.

OBJECTIVE #6 -

Identify the major difference between the crimes of Arson and Knowingly Burning and Exploding. MCCH - Ch. 8.10 Comments

B. Key elements

Question 2 worksheet - Is a fire or explosion but did not damage building or structure but another's property damaged so can be charged with knowingly burning or exploding. Also might get an attempted arson (if bomb had landed on floor, not sofa but did no damage, for example).

Question (second part) - Again no building or inhabitable structure was damaged. Purpose was to damage even if intent wasn't to destroy, can be charged with knowingly burning or exploding even if damage was only slight. Doesn't make any difference if E (victim) knew about bomb - knowingly goes to mental state of actor. Same for car - is property but not a building or inhabitable structure.

Question 2a - How about negligent burning? No knowingly requirement. Should have known of risk maybe.

Question 2b - 2nd Degree Arson - Does it matter that he didn't intend fire to spread? No. Does it matter if anyone is home? Yes. 1st Degree.

5. 3rd Part Question 2 - Causing catastrophe

C. Note

1. For review, read the examples in the back and know that such conduct is an offense. Know difference between 1st, 2nd Degree Arson.

D. Summary.

1. Arson 1st - Inhabitable structure or building - person near or inside -serious danger.

2. Arson 2nd - No one need be inside.

3. Knowingly burning or exploding - Knowingly damaging any property of another.

4. Reckless burning or exploding - Recklessly damages or destroys.

5. Negligent Burning and Exploding - Negligently damaging property.

6. Causing catastrophe - A serious Class A felony.

OBJECTIVE #4 -

Tampering Offenses.

Identify how the two tampering statutes apply to the operators and passengers of stolen vehicles MCCH - Chs. 8.14 and 8.15 Comments

OBJECTIVE #7 -

Identify the elements of:

a. Tampering in the First Degree - MCCH Ch. 8.14

b. Tampering in the Second Degree - MCCH 8.15

Main thing to remember

1. Even if the elements of stealing aren't all present, a crime is committed. Effective in car chop shops and auto thefts, fooling with utility meters.

2. Example - Question 3 worksheet - Driver Tampering I; rider Tampering II; still might get driver on felony stealing but this is easier to prove. Most people caught driving or riding in stolen autos are prosecuted for tampering since you do not have to prove they stole the vehicle originally.

OBJECTIVE #8 -

State how the tampering statutes apply to operators and passengers in stolen vehicles. MCCH - Ch. 8.14

C. Computer Tampering - Remember that computer may invoke special violations.

D. Identifying numbers

1. Alteration - selling items with numbers changed is violation. Possession of altered no. items, same - so may not be stuck with having to prove that person we got property from altered the numbers.

2. Read odometer offenses - self explanatory.

OBJECTIVE #9 -

Property Damage Offenses.

Property Damage in the First Degree. MCCH - Ch. 8.29

Property Damage in the Second Degree. MCCH - Ch. 8.30

A. Main points.

1. Both 1st and 2nd Degree Property Damage punish destruction of another's property or your own property if you're trying to defraud an insurer, knowingly. Difference is 1st Degree if property of another is damaged in an amount over $750 or an attempt to defraud an insurer is over $1000 in value.

2. Examples

a. Question 4 - Property damage 1st degree.

Question A - Not knowingly - therefore no property damage.

Question B - 1st Degree Property Damage.

Defenses

A. Claim of Right -

1. Question 4C - Should B have a defense to tampering?

2. Question 4D - Very common - should have defense

B. Answers:

1. A defense if actor acted in honest belief that he had a right to do an act or that he acted in the honest belief that the owner if present would have consented. Note on D - prosecutor will say how does violator know consent would be terminated. They would never file tampering charges.

Trespass

A. Trespass in the First Degree. MCCH Ch. 8.33

Trespass in the Second Degree. MCCH Ch. 8.34

1. 1st Degree requires knowingly entering another property (not just house, but real estate) but real estate must be fenced or must be on notice either by actual notice or by posting in a manner reasonably calculated to give attention to intruders. Note - City Ordinance has a notice requirement even for house and apartments

a. Note - Honest mistake negates knowingly requirement.

2. 2nd Degree - What kind of mental state required - strict liability. The fact that unlawful entry occurred is enough. Check your city's ordinances.

a. Note it is only an infraction.

B. Examples

1. Question 5 - What crime 1st Degree Trespass? Why?

2. Part two - 2nd Degree - Why? No requirement that he know here.

Burglary.

OBJECTIVE #5 -

Identify the elements of:

a. Burglary in the First Degree - MCCH Ch. 8.36

b. Burglary in the Second Degree - MCCH Ch. 8.37

OBJECTIVE #10 -

State the aggravating circumstances that must be present to change burglary in the second degree to burglary in the first degree. MCCH Ch. 8.35

A. Difference between 1st and 2nd Degree is that 1st is 2nd with three aggravating circumstances, i.e., armed, injuries, or threatening injury to non-participant or that someone not a participant is present.

B. Key definitions

OBJECTIVE #11 -

Explain why and how a burglary can occur in an open business. MCCH Ch. 8.35

1. Enters - Breaking no longer required. Enter unlawfully. Thus, a burglary can occur in an open business if a person enters a restricted area and steals something. Restricted area = area not open to the public. Also, if he defies a lawful order not to enter or remain, may be a burglary even if it is a building otherwise open.

a. Question 6 - Not burglary. Some entry needed by person or thing person is attached to.

For example - screwdriver 1 ½ " pried into door was not enough if no further entry.

b. Question 6, 2nd part - Burglary, slight entry

c. Does it matter if window or doors are partially open?

Question 6A - still unlawful entry if no permission

2. Intent

a. Who can given permission to enter - Question 6B. Did he know he was entering unlawfully - yes - Burglary even with cook's permission.

1.Even the owner - Yes, the key is that the person entering intends to commit a crime (Question 6C)

2.What if the person entering had no intent to commit crime (Question 6D). Although no intent to commit felony is necessary, he may not have committed burglary. Jury would have to believe this story that he did not enter with intent to commit a crime therein.

3. Degrees - was the intent to commit crime? If yes,

a. Question E(1) - What if he's armed - 1st Degree

If not armed and no one there - 2nd Degree

Abandoning wrongful intent.

a. Question E2 - Too late - entered with purpose to commit crime.

b. Question E3 - No wrongful intent, but jury has to believe that.

Staying past hours. Question F.

a. Remaining unlawfully is still burglary.

Revised 4/01