Chapter Eight

Study Guide

As you read this assigned chapter, answer the following questions:

1. P, a professional pickpocket, lifts V's wallet at a circus. V was busy watching elephants perform at the time and did not feel a thing. Is P guilty of robbery?

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A. D attempts to rape V, but V escapes leaving her purse behind. D finds the purse and keeps it. Is D guilty of a robbery?

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B. B enters T's home, ties him up and forces him to tell where his money is hidden. B then goes into another room to get the money from the hiding place. Is B guilty of robbery? If so, what degree?

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C. D threatens to harm E's child when the child returns from school, unless E gives D all the money in E's home. Fearful for her child's life, E complies. Is D guilty of a robbery? If so, what degree?

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D. Assuming the facts above, that the child is away at boarding school and will not be home for a week, is D guilty of a robbery?

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E. D places a revolver to V's head and orders him to call his wife and instruct her to place valuable property in a designated place from where D later retrieves it. Has D committed a robbery?

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2. D throws a firebomb into E's house. It lands on the sofa, burns the fabric, and then goes out. Is D guilty of arson? If so, what degree?

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What if E was asleep in the bedroom and did not know about the firebomb? What if instead of throwing the fire bomb into E's house, D threw the firebomb into E's car?

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A. K, while burglarizing B's house, accidentally leaves a cigarette burning. The cigarette sets fire to B's house, and before help arrives, the house burns down. What crime, other than burglary, might K be charged with?

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B. T sets fire to his apartment in protest of landlord's failure to repair the premises. The fire accidentally spreads to other units in the building, causing them severe damage. If no one is home at that time, what crime has K committed?

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If people are home at that time but no one is injured, what crime or classification of crime has K committed?

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If ten or more are injured, is there another crime that K has committed?

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3. J and K are sitting on their porch when their neighbor Z drives up in his new car. J notices that Z threw the keys in the floor of the car. After Z enters his house, J and K run to the car, get in, find the keys and decide to take quick ride around the block. J and K plan on returning the car before Z notices it is missing? What crimes might J and K be charged with?

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4. D knowingly shoots and kills his neighbor's prize breeding bull, valued at $8,000. What crime is D guilty of?

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A. What if D had shot the bull while deer hunting and had intended to shoot a deer and not the bull?

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B. What if D actually owned the bull and shot it so as to collect on the insurance policy?

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C. B on occasion has allowed F to borrow his car. One day, F needs to drive his wife to the doctor's office for treatment. B is not home, but F borrows his car, feeling certain that B would allow him to use it under the circumstances. B later discovers that his car is missing and notifies the police. The police arrest F and charge him with tampering. Does F have a defense to auto theft?

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D. A uses his mother's car to deliver crafts that his mother sells. Mother pays son well for making these deliveries. One day son decides to drive to Oklahoma to see a football game. When son hasn't returned in three (3) days, mother wants to file a tampering charge against her son. Should this charge be filed?

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5. B is hunting on J's land. J sees B and tells him that he is to leave the premises immediately because J does not allow hunting on his property. B ignores J and continues to hunt. What crime has D committed?

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What if D left the premises, got in his car and drove two miles away thinking he is on X's property. D again begins to hunt, but he is actually still on J's property. Has D committed a crime?

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6. D, intending to kill B, throws a bomb through a closed window in B's house at night. Has D committed a burglary?

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Does it change your answer if D opened the window and set the bomb inside on an end table?

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A. D intending to steal B's valuable jewelry pushes open a partially open window in B's house and crawled in. What offense has D committed?

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B. D persuades B's cook to let him into B's house one night to steal B's priceless Picasso. The cook does so. Is D guilty of a burglary?

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C. D owns a house that she rents to V. One night while V is away, D decides to steal V's money and enters the house with her pass key. Has D committed a burglary?

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D. To escape a rampaging storm one night, D breaks and enters H's home. Once inside, D sees H's wallet lying on the floor and decides to steal it. Has D committed a burglary?

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