Crime / Type / CMS / Definition / Notes / Example
Criminal Possession of Stolen Property / Misdemeanor / Knowingly / Possesses stolen property valued at $1,000 or less / Based on $$ value only!
Criminal Possession of Stolen Property / Felony / Knowingly / Person possesses stolen property and the property consists of: MR CAP GUN
Theft of Services / Misdem. (unless otherwise specified) / Intent / 1. Avoid payment for service given using stolen CC
2. Avoid payment to restaurant, m/hotel
3.Avoid payment for transportation service
4. Telecomm. Service Obtained by trick/ misrepresentation
5.Phone Service via access device
6. Avoid payment for metered services (tamper with meter)
7. Use & benefit of service which should pass through a meter but is diverted
8. Tampering w/ public utility service
9. Avoid payment for admission to theater/arena
10. Wrongful use of commercial labor/equipment/facilities
11. Avoid payment for computer services / 2. except legit reason
3. stealth, deception, mechanical tampering, intimidation, refusal to pay
4. theft of cable less than $100=violation
5. Felony when value exceed $1,000 OR prior conviction with in past 5 years
6. Person tampers w/ meter is presumed to do so w/ intent to avoid payment, and proof that meter is tampered with is presumptive evidence that benefiter caused the tampering
9. First Offense= Violation
Prior Conviction= Misdemeanor
Trespass / Violation / Person Knowingly Enters or Remains Unlawfully (KERU) in or upon a premise (unfenced land) / Joe, while hunting in upstate New York, decides to ignore the “No Trespassing” signs on Ed’s land.
Criminal Trespass / Misdemeanor / Knowingly / Person KERU in one of the following =:
1. Fenced in land (anything designed to keep people out)
2. Building (includes abandoned building)
3. Primary or Secondary School / -Male climbs over 6 foot fence onto property w/o permission of owner
-Person enters building which he does not live by slipping in behind entering resident
Criminal Trespass / Felony / Knowingly / Person KERU in a building only and person posses or knows another to
Firearm*, Rifle, Explosive, Deadly weapon, Shotgun* / *Ammo is available and readily capable of being discharged (must be proper ammo)
Burglary / Felony / Knowing & Intentionally / Person KERU in a building only w/ the intent to commit a crime therein / The mere intent to commit a crime is sufficient
If crime actually committed, charge w/ burglary + other crime / Dave climbs up a fire escape and goes through the open window of property. The intent to commit any crime in the building is enough to make a Criminal Trespass of a building into a Burglary.
Possession of Burglar Tools / Misdemeanor / Knowingly & Intentionally / Person possesses any tool, instrument or article and shows intent to use it in further of an offense involving:
a. Forcible entry into a premise
b. Larceny by physically taking
c. Theft of service / Tools which would be designed or commonly used to break into premises/safes, or facilitating the theft of autos or money from telephone coin boxes, or Theft of Services of gas or electricity by tampering with meters, would all constitute Burglar Tools.
Criminal Mischief / Misdemeanor / Intentionally /Reckless / Unlawfully damage property of another by:
1. intentionally cause damage- $250 or less
2. recklessly cause damage- more than $250 ($250.01+)
3. Intentionally damage an abandoned building (3 family house or more)
Criminal Mischief / Felony / Intentional / Unlawfully damage property of another by:
1. Intentionally cause damage more than $250 ($250.01)
2. Intentionally damage property other than a building or motor vehicle by means of an explosive / -Lucy, who is mad at John, intentionally damages John’s car with a sledgehammer causing more than $300 in property damage.
-A disgruntled telecommunications employee who is on strike, climbs up telephone pole and attaches a stick of dynamite to the wires, after climbing down sets it off and causes damage.
Arson / Felony / Intentional
Reckless / 1. Intentionally start a fire/cause an explosion, and intentionally damage a building/motor vehicle
2. Intentionally start a fire/cause explosion, and recklessly damage a building motor vehicle / A building with a number of units (apartments) equal one count of arson
Person can be charged with arson for an abandoned building
9 Ways of taking property by Extortion
1. Threaten PI to person in future
2. Threaten property damage (past or present)
3. Using position as public servant (abuse of auth)
4. Engaging in criminal conduct
5. Accusing a person of committing a crime
6. Exposing a secret which would subject a person
To ridicule/hatred/contempt
7. Causing a strike/boycott injurious to business
(Construction coalition)
8. Providing/withholding info or testimony to
Another legal claim
9. Any other act which would harm another in a
Material way
CPSP (FELONY)
When in possession of:
Motor Vehicle
Religious Article
Credit Card
Amount
Pawn Broker
GUN / Burglary
Definition: Enters or remains in/upon premise unlawfully when not licensed/privileged to be there
4 ways
1. Remaining upon premise after lawful order to leave personally communicated
2. Entering property where “no trespassing” signs are posted and clearly visible
3. Entering property which is enclosed in manner to exclude people (fence, walls)
4. Entry through trickery, deception, or misrepresentation, even if door opened voluntarily
Dangerous Instruments
Any: Article
Vehicle
Instrument
Substance
Under the circumstances which it is used, is readily capable of causing SPI or Death