NC BLET Elements of
Criminal Law
Larceny - ANSWERS1. 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 - ANSWERSA 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 - ANSWERS1. 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 - ANSWERS1. 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 - ANSWERS1. 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 - ANSWERSEngages 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 - ANSWERS(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.
Criminal Law
Larceny - ANSWERS1. 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 - ANSWERSA 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 - ANSWERS1. 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 - ANSWERS1. 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 - ANSWERS1. 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 - ANSWERSEngages 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 - ANSWERS(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.
