What Are Ld 6 Property Crimes
LD 6 PROPERTY CRIMES - KEY POINTS
6.01.EO1 Recall the crime elements required to arrest a suspect for theft.
To arrest a subject for theft, the necessary crime elements include:
• the taking and
• carrying away of
• personal property of another
• without consent
• with intent to permanently deprive the owner.
6.01.EO2 Recall the crime elements required to arrest a suspect for vehicle theft.
To arrest a subject for vehicle theft, the necessary crime elements include:
• the driving or taking of
• a vehicle not the person’s own
• without consent
• with intent to temporarily or permanently deprive the owner
• of title or possession of such vehicle.
6.01.EO3 Recall the crime elements required to arrest a suspect for defrauding …show more content…
an innkeeper.
To arrest a subject for defrauding an innkeeper, the necessary crime elements include:
• the obtaining of
• food, services or accommodations
• at a designated facility without paying
• with intent to defraud the proprietor or manager.
6.01.EO7 Recall the crime elements required to arrest a suspect for burglary.
To arrest a subject for burglary, the necessary crime elements include:
• the entry to a building or specified structure
• with the intent to commit
• theft or any felony.
6.01.EO8 Recall the crime elements required to arrest a suspect for possession of burglary tools.
To arrest a subject for possession of burglary tools, the necessary crime elements include:
• the possession of certain tools or
• 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.
6.01.EO9 Recall the crime elements required to arrest a suspect for possessing or receiving personal property with altered serial numbers or identification marks.
To arrest a subject for possessing or receiving personal property with altered serial numbers or identification marks, the necessary crime elements include:
• any person who knowingly buys, sells, receives, disposes of, conceals or has in possession
• any personal property
• from which the manufacturer's serial number or any other distinguishing number or identification mark has been removed, defaced, covered, altered or destroyed.
6.01.EO10 Recall the crime elements required to arrest a suspect for receiving stolen property.
To arrest a subject for receiving stolen property, the necessary crime elements are:
• every person who knowingly
• buys, receives, conceals, sells, withholds or
• aids in concealing, selling or withholding,
• any property obtained by theft or extortion.
NOTE: If the person in possession of the stolen property is the thief, the correct charge is theft.
6.01.EO12 Recall the crime elements required to arrest a suspect for forgery.
To arrest a subject for forgery, the necessary crime elements include:
• 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.
6.01.EO14 Classify each crime as a misdemeanor or felony.
The crime of theft can be classified as either grand theft (a felony) or petty theft (a misdemeanor) depending on the value or type of the property stolen. The following table illustrates the categories of theft and their associated crime classifications.
Theft
Category Nature and/or Value of
Property Crime
Classification
Grand Theft Property value exceeding $400 Felony Agricultural products exceeding $100 (e.g., domestic fowl, fruit, nuts, vegetables, etc.) Aquacutural products exceeding
$100 (e.g., fish, algae, etc.) Property taken over a 12 consecutive month period totaling $400 or more and taken by a servant, agent or employee of the owner Property taken from the person of another regardless of the value Certain designated livestock regardless of the value (e.g., horses, cattle, sheep, etc.) Motor vehicles and some livestock Firearms Petty theft with prior theft related conviction and jail time
Petty Theft All other thefts not categorized as grand theft Misdemeanor
The crime of vehicle theft is a felony.
The crime of defrauding an innkeeper is a misdemeanor unless the value of the service is over $400 (then it is a felony).
The crime of burglary is a felony.
The crime of possession of burglary tools is a misdemeanor.
The crime of possessing or receiving personal property with altered serial numbers or identification marks is a misdemeanor (unless the item is an integrated computer chip or panel with a value of $400 or more).
The crime of receiving stolen property is a felony.
The crime of forgery is a felony.
6.02.EO1 Recall the crime elements required to arrest a suspect for arson.
To arrest a subject for arson, the necessary crime elements include:
• willfully and maliciously
• sets fire to or burns or causes to be burned or
• aids, counsels, or procures the burning of
• any structure, forest land, or property.
6.02.EO3 Recall the crime elements required to arrest a suspect for unlawfully causing a fire.
To arrest a subject for unlawfully causing a fire, the necessary crime elements include: • any person who recklessly sets fire to or burns or causes to be burned,
• any structure, forest land or property.
6.02.EO5 Recall the crime elements required to arrest a suspect for possession of flammable or combustible material.
To arrest a subject for possession of flammable or combustible material, the necessary crime elements include:
• possession or manufacture or disposal of a flammable or combustible material or substance, or any incendiary device in an arrangement or preparation • with intent to willfully and maliciously use such material, substance or device • to set fire to or burn any structure, forest land or property.
6.02.EO7 Classify each type of crime as a misdemeanor or felony.
The crimes of arson and unlawfully causing a fire are felonies.
The crime of possession of flammable or combustible material is a felony.
6.03.EO1 Recall the crime elements required to arrest a suspect for unauthorized entry of dwelling.
To arrest a subject for unauthorized entry of dwelling the necessary crime elements include:
• any person, other than a public officer or employee acting within the course and scope of …show more content…
employment,
• who enters or remains
• in a noncommercial dwelling house, apartment or other such place
• without consent of the owner, owner’s agent or person in lawful possession.
6.03.EO2 Recall the crime elements required to arrest a suspect for trespass.
To arrest a subject for trespass to land, the necessary crime elements include:
• any person who enters any land, whether unenclosed or enclosed by fence,
• for the purpose of injuring any property or property rights or
• interfering with, obstructing, or injuring any lawful business or occupation
• carried on by the owner of the land, the owner's agent or by the person in lawful possession.
6.03.EO5 Classify each type of crime as a misdemeanor or felony.
The crime of unauthorized entry of dwelling is a misdemeanor.
The crime of trespass to land is a misdemeanor.
6.04.EO1 Recall the crime elements required to arrest a suspect for vandalism.
To arrest a subject for vandalism, the necessary crime elements include:
• malicious intent
• to deface, damage or destroy with graffiti or other inscribed material
• personal or real property
• not their own.
NOTE: Community property can be the subject of vandalism even if the suspect is a partial owner or the
property.
6.04.EO3 Classify the crime of vandalism as a misdemeanor or felony.
The crime of vandalism can be a misdemeanor or felony depending on the cost of damage ($400 or more is a felony and less than $400 is a misdemeanor).
Two prior convictions for vandalism and has served jail time for one vandalism conviction is a felony.
6.04.EO5 Explain what constitutes a lawful repossession.
To complete a repossession, the repossessor must have gained dominion and control of the goods. The buyer can object until the repossessor has control.
6.04.EO6 Explain what constitutes lawful conduct during tenant/landlord disputes.
Signing a lease requires a tenant to make timely rent payments and not to damage the property. A landlord is required to respect the privacy of the tenant and not enter the property unless either the tenant has given permission, or there is an emergency (e.g., a broken water pipe) that requires immediate attention to prevent further damage to the property.
6.01.EO1 Recall the crime elements required to arrest a suspect for theft.
To arrest a subject for theft, the necessary crime elements include:
• the taking and
• carrying away of
• personal property of another
• without consent
• with intent to permanently deprive the owner.
6.01.EO2 Recall the crime elements required to arrest a suspect for vehicle theft.
To arrest a subject for vehicle theft, the necessary crime elements include:
• the driving or taking of
• a vehicle not the person’s own
• without consent
• with intent to temporarily or permanently deprive the owner
• of title or possession of such vehicle.
6.01.EO3 Recall the crime elements required to arrest a suspect for defrauding …show more content…
an innkeeper.
To arrest a subject for defrauding an innkeeper, the necessary crime elements include:
• the obtaining of
• food, services or accommodations
• at a designated facility without paying
• with intent to defraud the proprietor or manager.
6.01.EO7 Recall the crime elements required to arrest a suspect for burglary.
To arrest a subject for burglary, the necessary crime elements include:
• the entry to a building or specified structure
• with the intent to commit
• theft or any felony.
6.01.EO8 Recall the crime elements required to arrest a suspect for possession of burglary tools.
To arrest a subject for possession of burglary tools, the necessary crime elements include:
• the possession of certain tools or
• 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.
6.01.EO9 Recall the crime elements required to arrest a suspect for possessing or receiving personal property with altered serial numbers or identification marks.
To arrest a subject for possessing or receiving personal property with altered serial numbers or identification marks, the necessary crime elements include:
• any person who knowingly buys, sells, receives, disposes of, conceals or has in possession
• any personal property
• from which the manufacturer's serial number or any other distinguishing number or identification mark has been removed, defaced, covered, altered or destroyed.
6.01.EO10 Recall the crime elements required to arrest a suspect for receiving stolen property.
To arrest a subject for receiving stolen property, the necessary crime elements are:
• every person who knowingly
• buys, receives, conceals, sells, withholds or
• aids in concealing, selling or withholding,
• any property obtained by theft or extortion.
NOTE: If the person in possession of the stolen property is the thief, the correct charge is theft.
6.01.EO12 Recall the crime elements required to arrest a suspect for forgery.
To arrest a subject for forgery, the necessary crime elements include:
• 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.
6.01.EO14 Classify each crime as a misdemeanor or felony.
The crime of theft can be classified as either grand theft (a felony) or petty theft (a misdemeanor) depending on the value or type of the property stolen. The following table illustrates the categories of theft and their associated crime classifications.
Theft
Category Nature and/or Value of
Property Crime
Classification
Grand Theft Property value exceeding $400 Felony Agricultural products exceeding $100 (e.g., domestic fowl, fruit, nuts, vegetables, etc.) Aquacutural products exceeding
$100 (e.g., fish, algae, etc.) Property taken over a 12 consecutive month period totaling $400 or more and taken by a servant, agent or employee of the owner Property taken from the person of another regardless of the value Certain designated livestock regardless of the value (e.g., horses, cattle, sheep, etc.) Motor vehicles and some livestock Firearms Petty theft with prior theft related conviction and jail time
Petty Theft All other thefts not categorized as grand theft Misdemeanor
The crime of vehicle theft is a felony.
The crime of defrauding an innkeeper is a misdemeanor unless the value of the service is over $400 (then it is a felony).
The crime of burglary is a felony.
The crime of possession of burglary tools is a misdemeanor.
The crime of possessing or receiving personal property with altered serial numbers or identification marks is a misdemeanor (unless the item is an integrated computer chip or panel with a value of $400 or more).
The crime of receiving stolen property is a felony.
The crime of forgery is a felony.
6.02.EO1 Recall the crime elements required to arrest a suspect for arson.
To arrest a subject for arson, the necessary crime elements include:
• willfully and maliciously
• sets fire to or burns or causes to be burned or
• aids, counsels, or procures the burning of
• any structure, forest land, or property.
6.02.EO3 Recall the crime elements required to arrest a suspect for unlawfully causing a fire.
To arrest a subject for unlawfully causing a fire, the necessary crime elements include: • any person who recklessly sets fire to or burns or causes to be burned,
• any structure, forest land or property.
6.02.EO5 Recall the crime elements required to arrest a suspect for possession of flammable or combustible material.
To arrest a subject for possession of flammable or combustible material, the necessary crime elements include:
• possession or manufacture or disposal of a flammable or combustible material or substance, or any incendiary device in an arrangement or preparation • with intent to willfully and maliciously use such material, substance or device • to set fire to or burn any structure, forest land or property.
6.02.EO7 Classify each type of crime as a misdemeanor or felony.
The crimes of arson and unlawfully causing a fire are felonies.
The crime of possession of flammable or combustible material is a felony.
6.03.EO1 Recall the crime elements required to arrest a suspect for unauthorized entry of dwelling.
To arrest a subject for unauthorized entry of dwelling the necessary crime elements include:
• any person, other than a public officer or employee acting within the course and scope of …show more content…
employment,
• who enters or remains
• in a noncommercial dwelling house, apartment or other such place
• without consent of the owner, owner’s agent or person in lawful possession.
6.03.EO2 Recall the crime elements required to arrest a suspect for trespass.
To arrest a subject for trespass to land, the necessary crime elements include:
• any person who enters any land, whether unenclosed or enclosed by fence,
• for the purpose of injuring any property or property rights or
• interfering with, obstructing, or injuring any lawful business or occupation
• carried on by the owner of the land, the owner's agent or by the person in lawful possession.
6.03.EO5 Classify each type of crime as a misdemeanor or felony.
The crime of unauthorized entry of dwelling is a misdemeanor.
The crime of trespass to land is a misdemeanor.
6.04.EO1 Recall the crime elements required to arrest a suspect for vandalism.
To arrest a subject for vandalism, the necessary crime elements include:
• malicious intent
• to deface, damage or destroy with graffiti or other inscribed material
• personal or real property
• not their own.
NOTE: Community property can be the subject of vandalism even if the suspect is a partial owner or the
property.
6.04.EO3 Classify the crime of vandalism as a misdemeanor or felony.
The crime of vandalism can be a misdemeanor or felony depending on the cost of damage ($400 or more is a felony and less than $400 is a misdemeanor).
Two prior convictions for vandalism and has served jail time for one vandalism conviction is a felony.
6.04.EO5 Explain what constitutes a lawful repossession.
To complete a repossession, the repossessor must have gained dominion and control of the goods. The buyer can object until the repossessor has control.
6.04.EO6 Explain what constitutes lawful conduct during tenant/landlord disputes.
Signing a lease requires a tenant to make timely rent payments and not to damage the property. A landlord is required to respect the privacy of the tenant and not enter the property unless either the tenant has given permission, or there is an emergency (e.g., a broken water pipe) that requires immediate attention to prevent further damage to the property.