PA Crimes Code Application Flashcards

Under Pennsylvania law, a person is guilty of Burglary (18 Pa.C.S. § 3502) if they enter a building or occupied structure with the intent to commit a crime therein. For the act to be graded as a Felony of the First Degree, which of the following circumstances must be present?

Answer: The structure is adapted for overnight accommodation and a person is present at the time of the offense.

According to 18 Pa.C.S. § 3502(c)(2), Burglary is graded as a Felony of the First Degree if the building or structure is adapted for overnight accommodation and any person is present at the time of the offense. The other options describe circumstances that may elevate other crimes or are not the specific criteria for this grading of burglary.

An officer responds to a report of two individuals spray-painting graffiti on a public monument. The estimated cost to remove the graffiti is $800. Which of the following is the most appropriate charge under the PA Crimes Code?

Answer: Criminal Mischief

Criminal Mischief (18 Pa.C.S. § 3304) is the correct charge. It involves intentionally or recklessly damaging the tangible property of another. Since the damage is estimated at $800 (exceeding $500 but less than $1,000), it would be graded as a Misdemeanor of the Second Degree. Institutional Vandalism applies to specific locations like schools or places of worship, and Desecration of Venerated Objects applies to items like flags or public monuments in a specific context of desecration, but Criminal Mischief is the most direct and appropriate charge for this act of property damage.

Which of the following mental states, or 'mens rea,' is generally required for a conviction of Theft by Unlawful Taking or Disposition under 18 Pa.C.S. § 3921?

Answer: Intentionally

Theft by Unlawful Taking requires the actor to unlawfully take or exercise unlawful control over movable property of another with the intent to deprive them thereof. This 'intent to deprive' establishes that the required culpable mental state is 'Intentionally' (or knowingly). Negligence or recklessness is not sufficient for this offense.

A person secretly records a conversation with their coworker without the coworker's consent. The conversation is about non-criminal, personal matters. In Pennsylvania, which crime has most likely been committed?

Answer: Violation of the Wiretapping and Electronic Surveillance Control Act

Pennsylvania is a 'two-party consent' state. Under the Wiretapping and Electronic Surveillance Control Act (18 Pa.C.S. § 5703), it is a felony to intentionally intercept any wire, electronic, or oral communication without the consent of all parties involved. The other offenses do not fit the described act of secret recording.

During a heated argument over a parking space, Mark shoves Tom with both hands, causing Tom to stumble backward but suffer no physical injury. Which of the following offenses has Mark most likely committed?

Answer: Simple Assault

Mark has most likely committed Simple Assault under 18 Pa.C.S. § 2701(a)(3), which involves attempting by physical menace to put another in fear of imminent serious bodily injury, or under (a)(1) as an attempt to cause or intentionally, knowingly or recklessly causing bodily injury. Even without visible injury, an offensive touching like a shove can constitute a Simple Assault. Aggravated Assault would require serious bodily injury or the use of a deadly weapon.

Under 18 Pa.C.S. § 907, a person can be charged with Possessing Instruments of Crime. Which of the following is a key element the prosecution must prove for a conviction?

Answer: The person possessed the instrument with intent to employ it criminally.

The statute for Possessing Instruments of Crime (18 Pa.C.S. § 907) requires proof that the person possessed an instrument 'with intent to employ it criminally.' While the other factors might be present in a case, the specific intent is the crucial element that defines this particular offense. The instrument itself does not have to be a deadly weapon, nor does it have to be successfully used in a crime.