NC BLET Elements of Criminal Law Questions and Answers Already Graded A

NC BLET Elements of Criminal Law Questions and Answers Already Graded A Larceny - 1. Takes personal Property in the possession of another 2. And carries it away 3. Without the consent of the possessor 4. And with the intent to deprive the possessor of its use permanently 5. Knowing that the taker was not entitled to it Resist, Delay, Obstruct an Officer - A person is guilty when 1. Willfully 2. Resists or delays or obstructs 3. A person the defendant knows to be a public officer 4. While that officer is discharging or attempting to discharge a duty of his or her office. 1st Degree Trespass - 1. Without authorization 2. Enters, or remains on the premises of another so enclosed or secured as to demonstrate an intent to keep out intruders or in a building of another 2nd Degree Trespass - 1. Without authorization 2. Enters or remains on premises of another after having been notified not to enter or remain there by the owner, a person in charge or when the premises are posted with notice not to enter the premises. Drunk and Disruptive - 1. Is drunk in a public place and is disruptive by 2. interfering with traffic on a highway or public vehicular area 3. or interfering with passage across a sidewalk 4. or Interfering with entrance to any building 5. Grabbing, shoving, or pushing others Fighting Cursing, shouting, rudely insulting or begging Aggravated Misdemeanor Affray - Engages in fighting, in a public place, to the terror of the public and inflicts serious injury, uses a deadly weapon. Assaults child under 12, school employee, etc. Domestic Criminal Trespass - (a) Any person who enters after being forbidden to do so or remains after being ordered to leave by the lawful occupant, upon the premises occupied by a present or former spouse or by a person with whom the person charged has lived as if married, shall be guilty of a misdemeanor if the complainant and the person charged are living apart; provided, however, that no person shall be guilty if said person enters upon the premises pursuant to a judicial order or written separation agreement which gives the person the right to enter upon said premises for the purpose of visiting with minor children. Evidence that the parties are living apart shall include but is not necessarily limited to: (1) A judicial order of separation; (2) A court order directing the person charged to stay away from the premises occupied by the complainant; (3) An agreement, whether verbal or written, between the complainant and the person charged that they shall live separate and apart, and such parties are in fact living separate and apart; or (4) Separate places of residence for the complainant and the person charged. Except as provided in subsection (b) of this section, upon conviction, said person is guilty of a Class 1 misdemeanor. (b) A person convicted of a violation of this section is guilty of a Class G felony if the person is trespassing upon property operated as a safe house or haven for victims of domestic violence and the person is armed with a deadly weapon at the time of the offense. Assault Definition - An overt act or attempt, or the unequivocal appearance of attempt,with force and violence, to immediately physically injure another person, with show of force or menace of violence sufficient to put a reasonable in fear of immediate physical injury. Simple Affray - person egages in fighting in a public place Simple Assault - 3 types: attempted battery, completed battery, or show of force Aggravated Assault - (1) Inflicts serious injury upon another person or uses a deadly weapon; (2) Assaults a female, he being a male person at least 18 years of age; (3) Assaults a child under the age of 12 years; (4) Assaults an officer or employee of the State (etc.) Disorderly Conduct - fighting, abusive language, provoking, retaliation blocking a school disrupting students or disrupting a religious service Carrying a Concealed Weapon - It shall be unlawful for any person willfully and intentionally to carry concealed about his or her person any bowie knife, dirk, dagger, slung shot, loaded cane, metallic knuckles, razor, shuriken, stun gun, or other deadly weapon of like kind, except when the person is on the person's own premises. Communicating Threats - A person is guilty of a Class 1 misdemeanor if without lawful authority: (1) He willfully threatens to physically injure the person or that person's child, sibling, spouse, or dependent or willfully threatens to damage the property of another; (2) The threat is communicated to the other person, orally, in writing, or by any other means; (3) The threat is made in a manner and under circumstances which would cause a reasonable person to believe that the threat is likely to be carried out; and (4) The person threatened believes that the threat will be carried out. Injury to Real Property - If any person shall willfully and wantonly damage, injure or destroy any real property whatsoever, either of a public or private nature, Injury to Personal Property - If any person shall wantonly and willfully injure the personal property of another he shall be guilty of a Class 2 misdemeanor. (b) Notwithstanding the provisions of subsection (a), if any person shall wantonly and willfully injure the personal property of another, causing damage in an amount in excess of two hundred dollars ($200.00), he shall be guilty of a Class 1 misdemeanor. (c) This section applies to injuries to personal property without regard to whether the property is destroyed or not. For a sex offense to be "aggravated" - means any criminal offense that includes either of the following: (i) engaging in a sexual act involving vaginal, anal, or oral penetration with a victim of any age through the use of force or the threat of serious violence; or (ii) engaging in a sexual act involving vaginal, anal, or oral penetration with a victim who is less than 12 years old. 1st Degree Forcible Rape (class b 1 felony) - Vaginal intercourse by force and without consent, and proof of at least one of the following: (a) use or display of a dangerous or deadly weapon or an article which the other person reasonably believes to