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Details

Penal Code #5
Arson, Theft, Criminal Mischief
10
Law
Graduate
08/19/2013

Additional Law Flashcards

 


 

Cards

Term
Violation of Certain Court Oders or Conditions of Bond in a Family Violence Case
Definition

Restraining order- only judge can enforce

 

Protective Order- We shall enforce 

  • Must commit family violence
    • communicates with someone in the protected order directly
    • threatens them through a third party
    • goes to the residence, place of buisness, school
    • posses a firearm
    • pet
  • Class A
    • 3rd degree--unless previously convicted of this 2 or more times or stalking
Term
Continuous Violence against the family
Definition

Commits family Violence

  • 2 or more times
  • less than 12 months apart

3rd degree
Term

habitation

 

Definition
a structure or vehicle that is adapted for the overnight accomendation
Term
Arson
Definition

starts a fire with intent to destroy or damage

 

2nd degree 

1st degree- b.i. or death, was a habitation, or place of assembly or worship.

Term
Criminal Mischief
Definition

intentionally / knowingly damages or destroys property 

intentioanlly/ knowingly tampers with property and causes pecuniry loss to the owner

intentionally/ knowingly makes markings grahitti 

Term

Grade scale 

ciminal mischief

Definition
  • Class C
    • <$50
      • Substantial Loss
  • Class B
    • $50-500
  • Class A
    • $500-$1500
      • Interupting public water supply (water hydrant
  • SJF
    • $1500-$20K
      • habitation
      • intentionally- fence-containing livestock, or game animals
      • intentionally caused by firearm
      • Schools
      • intentioanlly interupts any public Service
      • place of worship, cemetary, or educational services
  • 3rd degree
    • intentioanlly damages stop signs- signs related to traffic
  • 2nd degree
    • 100K-200k
  • 1st degree
    • >200K
  • Capital
    • None



 

Term
Reckless Damage or Destruction
Definition
Class C
Term
Graffiti
Definition

Intentionally or Knowingly, without consent of owner, makes markings including:enscriptions, slogans, drawings, or paintings on the property.

 

paint

indelible marker

or etching or engraving device.

 

Punishment: 

Class B $0-500

Class A $500-1,500

SJF $1500-20,000-- church,educational services, all schools

3rd-20K-100K

2nd- 100k-200k

1st->200k

 

    


Term

Theft 

Grade Scale

Definition
  • Class C
    • <$50
      • <$20 check
  • Class B
    • $50-500
      • $20-500 check
      • Steals Driver's License
      • <$50 w/ previous conviction of theft
  • Class A
    • $500-1500
  • SJF
    • $1500-20K
      • Corpse, Gravesite, Person 
      • Firearm
      • 2 previous convictions
      • Ballot
      • Metals <20K
  • 3rd Degree
    • $20k- 100K
      • Higher End Animals 
  • 2nd Degree
    • 100K-200K 
      • ATM
  • 1st Degree
    • >$200K

If any theft happens to an elderly, non-profit--bump up degree by 1


If a public servant does the theft, bump up by 1


if government comits the theft, bump up by 1

 

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