Practice RBC 2 Test (Examples) Questions and Answers

Two men argued over the final results of the football game. The first man didn't think his friend knew what he was talking about and spit at him; the spittle landed on his friend's shirt. What crime, if any, occurred? - Answer- The first man has committed the crime of battery because he made contact even though he caused no harm. - Misd. A woman walked into the local bar and saw her boyfriend with another woman. She went to the table and hit him on the head. He fell off his barstool, struck his head on the floor and was knocked unconscious. What crime, if any, occurred? - Answer- battery causing/inflicting serious bodily injury. - Felony Two men were arguing during a baseball game. One man picked up a baseball bat and swung at the other man. The second man ducked to avoid being hit on the head. The first man only committed assault because he did not actually hit the second man. True/False - Answer- False - assault with a deadly weapon because he attempted to cause harm by using the bat as a weapon. (BGI only needs to be likely) During a bar fight, a man stabbed another man in the arm with a knife. The first man has committed the crime of assault with a deadly weapon. True / false - Answer- True A young man walking in a gang area is confronted by four other young men. The four shoved him to the ground and kicked him until he was unconscious. The officer arrested the four men for assault with a deadly weapon. Did the officer act appropriately? - Answer- Yes - The four committed assault with force likely to produce great bodily injury. (the last crime element) A paraplegic adult required home care. The caretaker arrived every morning to dress the paraplegic and clean the apartment. The caretaker saw a wad of money in the dresser drawer. One day, after completing the daily tasks, he took the cash and left the apartment. What crime, if any, occurred? - Answer- dependent adult abuse - he stole the money. The amount of money will determine whether the crime is a felony or misdemeanor. As a 67-year-old woman became more senile, she became more demanding. One day she demanded repeatedly to have her hair brushed. Her daughter brushed it again and again and became increasingly frustrated. Finally, the daughter got so frustrated, after the mother asked her to brush her hair again, that she hit her mother repeatedly with the brush. The daughter did not commit a crime. True / False - Answer- False - elder abuse because she caused her mother physical pain. A hitchhiker was picked up by a passing driver. As he entered the car, the hitchhiker asked the driver to drop him off at a specific location. The driver agreed initially, but later drove past the specified location in spite of the hitchhiker's protests. The driver took the hitchhiker to another location against the hitchhiker's will, refused to stop, and refused to let him out of the car when he asked to leave. Has a crime been committed? - Answer- kidnapping (felony) because the hitchhiker's consent was withdrawn when he wanted to get out, but the driver refused. A man wanted to date a coworker. One day in the company parking lot, he saw her next to her car which had a flat tire. The man offered to give her a ride to the gas station. When she refused, he grabbed her, shoved her into the car, locked the doors, and drove until they entered another state. The man committed false imprisonment. true/false - Answer- False- kidnapping (felony) During a break in courtroom proceedings, two attorneys entered an empty elevator. Without warning, the defense attorney pushed the emergency button and began to harass the prosecuting attorney about a suspected ethics violation. When the prosecutor demanded to get off the elevator, the defense attorney refused to reactivate it. has a crime occurred? - Answer- yes = False imprisonment - maybe felony if violence, menace, fraud, or deceit was used A man lured his ex-girlfriend into his car and then locked the doors to keep her from leaving. He would not unlock the doors until she promised to meet him for a date that weekend. the man committed False imprisonment, Felony - Answer- true - deceit A boy lived with his father who had legal custody, but the boy still wanted to see his mother, the man's ex-wife. The boy's father decided to allow the boy to visit with his mother and took him to the mother's apartment. When he came to pick the boy up, the mother refused to let the boy go home with his father. What Crime, if any, did the Mother commit? - Answer- child abduction without custodial right - Felony because she prevented the child from returning to his father, the custodial parent. Martinez and his wife, in the process of a divorce, obtained a temporary custodial decree. The decree granted them joint custody of their 6-month-old daughter. Martinez was to have the daughter on weekends. Martinez decided to go on an extended weekend trip with his daughter and did not tell his wife. When he did not arrive with their daughter at the normal time his wife frantically called him. He told his wife that she did not need to worry and indicated he would bring their daughter back in a few days. Martinez further stated to his wife that since she had never treated him right during their marriage, he felt that she deserved to know how it felt to be mistreated. Martinez committed the crime of child abduction without custodial right. True/False - Answer- False - child abduction with custodial right - Felony A woman cashed a check at a liquor store for $100. As she walked away, a man approached her and demanded her handbag. She refused and clutched the handbag tightly in her arms. The man grabbed the handbag, but the woman wouldn't let go. The man pulled the handbag away from her and knocked her off balance. She fell and hit the ground, and the man ran off with the handbag. The man used _______, making this robbery. - Answer- Force A night watchman was sitting at his desk, when a group of masked men entered the room and tied him to his chair. They then went down the hall and stole several pieces of computer equipment that were under his protection. Did the men commit robbery or Burglary? - Answer- Robbery - felony Even though the property was not taken directly from the watchman's person, it was taken in the watchman's immediate presence. A woman was sitting in her car at a red light. The driver's side door was opened and a man pulled her from the car and drove off. What crime was committed? - Answer- Carjacking - felony A woman put the groceries in the back of the car. As she attempted to get into the driver's seat, a man pushed her aside, jumped into the driver's seat, and drove off. He committed auto theft because she was not in the car yet. True/False - Answer- False - Carjacking because it was in her immediate presence A woman discovered that her husband was having an affair with her best friend. She purchased a handgun and returned after a two-week waiting period to pick up the gun. She then drove to her friend's house and waited for her to come home from work. When the friend got out of her car, the woman shot her several times and killed her. The woman has committed the crime of murder (f). Is it likely it will be charged as first degree murder? - Answer- yes - Premeditated and lying in wait A teenage boy, armed with a gun, was meeting a man in the park to buy some crack. When he arrived, the seller said he didn't have the crack, but he would have it the next day. The boy was so outraged he shot the man, killing him. This is an example of a crime of passion, therefore manslaughter. True/False - Answer- False - murder - Felony A husband came home unexpectedly in the middle of the day. He walked into his bedroom and found his wife in bed with his best friend. The husband got his gun out of the bedroom closet and killed the man. What crime has the husband committed? - Answer- voluntary manslaughter (heat of passion) Felony A man was in his suburban backyard with a high-powered rifle, practicing shooting into a cardboard target. He hit the target, but the bullet continued into a neighbor's house where it hit and killed the neighbor. The man committed voluntary manslaughter, True/false - Answer- False = involuntary manslaughter because he didn't take into account the safety of others (i.e., gross negligence) Leaving the house a few minutes late, a woman began driving to work. She was driving approximately 75 mph in a school zone when suddenly the car in front stopped for a school bus. The woman could not stop and plowed into the car. The car was forced into the stopped bus. The driver of the car hit by the woman was taken to a hospital where he died later that night. what crime did she commit? - Answer- gross vehicular manslaughter - felony An eighteen-year-old male was driving 30 miles per hour in a 25 zone. His speed prevented him from stopping when a young child ran into the street without looking. The child was killed. Did he commit a crime? misdemeanor or felony? why? - Answer- committed vehicular manslaughter, misdemeanor he had ordinary negligence, because his speeding did not constitute a felony and was not excessive enough to show willful and wanton disregard for safety While a woman was waiting for the bus, her wallet containing $45 was stolen from her pocket without her knowledge. A man nearby saw the crime and stopped the thief. Is this an example of grand theft, petty theft, or robbery? - Answer- misdemeanor grand theft because the property was taken from someone's person and it's value did not exceed $950. A man picked up his girlfriend in a car he had stolen. He bragged to her how easy it was to steal the car. They took turns driving the car around until it ran out of gas and then they abandoned it. only the man can be charged with vehicle theft. true/false - Answer- false Both are guilty of vehicle theft since they both drove the car with intent to temporarily deprive, even if the girlfriend did not take the car. A man took a motor home that was idling in a rest area. He took it to his friend's "chop shop" where they dismantled the vehicle for its parts. What kind of theft did the man commit? - Answer- grand theft (felony) as he took the vehicle and his intent was permanent deprivation. A man spent the night at a hotel. He knew that he had only enough money to buy gas to get home, so he left without paying. What kind of theft did the man commit? - Answer- Defrauding Innkeeper A family arrived at a campground in their motor home. The property manager offered the lot for free if the family would agree to pay for the utilities. The father agreed, even though he knew they would not have enough money to do so. After five weeks, the family drove off late one night without telling the manager and not paying the $360 bill. Would he be arrested for felony or misdemeanor crime? - Answer- Defrauding Innkeeper - Misdemeanor (not >$950) A house's regular occupant had been in a convalescent home for more than one year. She fully intended to return and the house was being regularly maintained in the meantime. is the house considered inhabited? - Answer- Yes Inhabited means currently used for dwelling purposes, but not necessarily actually occupied, at the moment of the crime A woman knew that her boss owned several expensive coins and kept them at his home. While he was away on business, she decided to go to his apartment to steal his coin collection. She entered the apartment with the key he kept in his desk at the office. She went to the drawer where the coins were stored; however, they weren't there. She quickly left the apartment. What crime, if any, did the woman commit? - Answer- burglary (felony) as she entered his house with the intent to commit a theft A man entered an apartment by the window with the intent to rape the woman who lived there. As he was sneaking to the woman's bedroom, her doorbell rang. The woman answered her door and left with the person who was at the door. The suspect decided to leave and was caught by the security guard while climbing out the window. the man is guilty only of trespassing. True/false - Answer- false - burglary (felony) he intended to commit a felony (rape) when he entered her apartment, even though the rape was not completed. At 3:30 a.m., a woman was seen at the rear door of a closed building in an area where a number of recent burglaries had taken place. The officers stopped their vehicle and asked her if she needed any help. She acted nervous and shifted her weight from foot to foot. In doing so, a set of lock picks fell from her pocket. When she could not credibly answer why she had the picks, the officers could arrest her for possession of burglary tools. True/false - Answer- true An employer asked his employee to have a copy of the master key made for the new vice president. The employee changed the number of keys on the request form and kept the extra key, planning to enter his employer's office after hours and steal office equipment. The employer noticed that an additional key was billed on the receipt and confronted the employee, who admitted the deceit. what crime did the employee commit? - Answer- possession of burglary tools (misdemeanor) by having a key made with intent to commit a theft An officer walked into a pawn shop while on duty. She noticed that a television had its serial number scratched off. When she asked the owner about the television, the owner admitted that he knew the numbers were altered when he purchased the television. What crime is he guilty of? - Answer- Possessing or Receiving Personal Property with Altered Serial Numbers or Identification Marks (misdemeanor) The owner knowingly bought and attempted to sell a television with altered serial numbers A woman was selling computers from the back of a truck. A potential customer looked at the computers and realized that the serial numbers were missing from the monitors and computer units. He called the police who arrested the woman for knowingly selling property with altered serial numbers. Did the officers act appropriately? - Answer- yes A man stole $2000 in jewelry. He gave an engagement ring and a diamond necklace to his girlfriend and admitted that he had stolen them. When he was arrested, she hid the jewelry and claimed she never received them. The police obtained a search warrant and found the jewelry hidden in her apartment. What crime has she committed? - Answer- receiving stolen property because she concealed property known to be stolen. A tourist was approached outside a department store by a man who offered to sell him a gold designer watch, normally priced at $3500, for $250. The tourist suspected that the watch may have been stolen because of the unusually low price, but he proceeded and bought the watch with cash. What crime, if any, did the tourist commit? - Answer- receiving stolen property (felony) because of the circumstances in which he bought the watch (inadequate price, not reputable seller). An office worker changed the amount due on a bill from $150 to $1500. When the bill was paid, she kept the extra money. The office worker committed felony theft. true/false - Answer- false - Forgery (felony) altered the document without authorization A man found a checkbook outside a grocery store. He went into the store and bought $130 worth of groceries. He signed the check with the name in the checkbook. this man can be arrested for felony forgery if? - Answer- He has one or more prior convictions of forgery - super strike rule A woman was driving through a state park. She threw her lit cigarette in the dry brush, causing a fire. she did not commit a crime, just an accident. true/false - Answer- unlawfully causing a fire by RECKLESSLY setting fire to the state park. - felony A man was stopped by a peace officer for speeding. The officer saw, in plain view on the rear seat of the vehicle, six glass bottles, and a separate container filled with clear, gold liquid and strips of cloth. The smell of kerosene was coming from the car. The man told the officer he was going to burn his ex-wife's house down. The man was arrested for possession of flammable material. did the officer act appropriately? - Answer- yes - felony Peace officers received a tip that a Neo-Nazi group member was going to set fire to a local synagogue. When the officers arrived at the man's apartment, he gave them permission to enter. They noticed a pile of oily rags on the dining room table along with pamphlets on the inferiority of Jews. When they asked him about the rags, he admitted that he was going to use them to "burn that place down." what will he be arrested for? - Answer- possession of flammable materials (felony) with intent to burn. One night a woman entered her ex-boyfriend's home through an open window and waited for him to come home. When he arrived, the woman began professing her undying love for him. When she refused to leave, he called law enforcement. Has she committed a crime? - Answer- unauthorized entry of property (misdemeanor) as she did not have consent to enter his home. A transient was looking for a place to sleep. He saw a bed in an open garage. He walked up the driveway, entered the garage through the open doorway, and fell asleep on the bed. what form of trespassing did he commit? - Answer- unauthorized entry of property (misd) because he did not have permission of the homeowner to enter the garage. A homeless man found a vacant apartment with a broken out window. He climbed through the window and lived there for three months until the owner found him. What form of trespassing did he commit? - Answer- entering and occupying real property - misd he occupied the real property without the consent of the owner Three teenagers followed one of their teachers home. That night, the teens climbed over the teacher's fence, intending to spray paint the teacher's house. The teacher ordered them to leave, when they didn't the husband called law enforcement. What form of trespassing did he commit? - Answer- entering land because they entered the land with intent to injure property and did not leave when requested. Members of a nature activist group protested the cutting down of trees that housed a rare species of bird. They chained themselves to the trees in an effort to prevent the logging after being told to leave by the loggers. The loggers called law enforcement and had the protesters arrested. what can officers arrest them for? - Answer- trespass (entering land) - misd because they entered private land with the intent to interfere with the business. A man had an argument with his neighbor. The man threw turpentine on the hood of his neighbor's car and causing $900 in damage to the paint. did he commit a felony? - Answer- vandalism - felony (>=$400 in damage) maliciously damaging the car. Gang members, wandering the neighborhood, spray painted their gang mark on sidewalks and walls of buildings causing $300.00 in damage. what would officers need to arrest them for felony vandalism? - Answer- they would need to find out if any of them had two prior convictions for vandalism and had served jail time for at least one vandalism conviction. A repossessor began backing an automobile out of a shopping center parking lot when the buyer came out and objected to the repossession. Can the buyer object? - Answer- no = The repossession was complete because the repossessor had complete control of the vehicle before the buyer started objecting. When does repossessor have control in public and private areas? - Answer- public: Control completed when goods are taken or when a vehicle is entered Private: Control is complete when goods are removed, or when a vehicle is entered or connected to a tow truck A tenant came home and realized that someone had entered her apartment. She called law enforcement. Upon questioning the landlord, the peace officer determined that the landlord was investigating a water leak and had come to the apartment, knocked and let himself in with the master key when no one answered. He found that a pipe had burst in the kitchen and caused a water leak. Did he commit trespassing? - Answer- no = the landlord had legally entered the apartment (for an emergency) as part of his employment. A man sat on a park bench. When women walk past him, he openly rubbed his genitals for them to see while saying "hey check this out." what crime, if any, did the man commit? - Answer- lewd conduct - misd because he rubbed his genitals in an attempt to arouse while in a public place. A woman sat at a bar during happy hour. To get attention from some of the men, she opened her blouse to expose her bare breasts and invited everyone to touch them. The woman has not committed a crime because everyone liked it. true/false - Answer- false = lewd conduct - misd because she was attempting to engage in sexual arousal in a public place