DCJS Virginia Criminal Law 2

Question 1

Under Virginia law, what is the primary distinction between larceny and robbery?

Accepted Answer

Robbery involves the use of force or intimidation against a person

Answer

Robbery involves taking property worth more than $1,000

Answer

Larceny requires a weapon to be present

Answer

Robbery only occurs in a commercial setting

Question 2

In Virginia, which of the following best describes 'breaking and entering' as required for burglary?

Accepted Answer

Any actual or constructive breaking of a close, including opening an unlocked door, may suffice

Answer

Only physical destruction of a door or window qualifies

Answer

The offender must use a tool to gain entry

Answer

Entry must occur through a window exclusively

Question 3

Under Virginia Code § 18.2-91, what distinguishes statutory burglary from common-law burglary?

Accepted Answer

Statutory burglary extends to daytime entry and structures beyond dwellings

Answer

Statutory burglary requires nighttime entry only

Answer

Statutory burglary requires the use of a deadly weapon

Answer

Statutory burglary only applies to commercial buildings

Question 4

A person in Virginia strikes another intending to cause serious bodily injury, but the victim only suffers minor bruising. What is the most appropriate charge?

Accepted Answer

Unlawful wounding

Answer

Assault and battery

Answer

Malicious wounding

Answer

Aggravated assault

Question 5

Under Virginia law, which element is required to prove criminal conspiracy?

Accepted Answer

An agreement between two or more persons to commit a crime, with intent to carry it out

Answer

The conspiracy must involve a felony offense only

Answer

At least one overt act in furtherance of the crime

Answer

All conspirators must be present at the scene of the intended crime

Question 6

Which of the following is TRUE about the crime of stalking under Virginia Code § 18.2-60.3?

Accepted Answer

Stalking requires a course of conduct on more than one occasion that causes reasonable fear

Answer

A single threatening act constitutes stalking

Answer

The victim must have a restraining order for stalking to be charged

Answer

Stalking can only be charged if the offender and victim were in a romantic relationship

Question 7

Under Virginia law, what is the mens rea required for first-degree murder?

Accepted Answer

Deliberate, premeditated, and willful intent to kill

Answer

Negligence

Answer

Recklessness

Answer

General intent to cause serious harm