PA Crimes Code and Procedure Flashcards

An individual commits Burglary under 18 Pa.C.S. § 3502 if they enter a building or occupied structure with the intent to commit a crime therein. If the building or structure is adapted for overnight accommodation and any person is present at the time of the offense, what is the grading of the crime?

Answer: Felony of the 1st Degree

According to 18 Pa.C.S. § 3502(c), Burglary is graded as a Felony of the 1st Degree if the building or structure entered is adapted for overnight accommodation and a person is present. This circumstance elevates the severity of the crime due to the increased risk of harm to individuals.

A police officer responds to a retail store where a suspect has been detained by loss prevention for switching the price tag on an item valued at $250 to a tag that reads $50 and then purchasing the item. Which of the following offenses has the suspect most likely committed?

Answer: Retail Theft

The suspect's actions of altering a price tag to purchase an item for less than its offered sale price falls directly under the definition of Retail Theft as defined in 18 Pa.C.S. § 3929(a)(3). Theft by Deception is related but Retail Theft is the more specific and appropriate charge for this scenario.

Under Pennsylvania Rules of Criminal Procedure, an arresting officer must promptly release a defendant arrested without a warrant for a misdemeanor of the second degree if certain conditions are met. Which of the following is NOT a required condition for this mandatory release?

Answer: The defendant agrees to pay a fine within 24 hours.

Pa.R.Crim.P. 519(B) outlines the conditions for mandatory release for certain misdemeanors. These include the offense level, the defendant not being a threat, and the officer's belief the defendant will appear. There is no provision requiring the defendant to agree to pay a fine as a condition of this type of release.

An officer is dispatched to a loud party complaint. Upon arrival, the officer observes a 19-year-old individual in possession of a can of beer. What is the most appropriate summary offense to charge under the PA Crimes Code?

Answer: Purchase, Consumption, Possession or Transportation of Liquor or Malt or Brewed Beverages (18 Pa.C.S. § 6308)

Title 18 Pa.C.S. § 6308 specifically addresses the unlawful actions of a person under 21 years of age concerning alcoholic beverages. Simple possession by a 19-year-old fits this statute directly. Public Drunkenness requires the person to be under the influence to a degree that they may endanger themselves or others, which is not stated. Disorderly Conduct requires specific types of disruptive behavior. Selling or Furnishing applies to the person who provided the alcohol, not the minor possessing it.

A person is guilty of Simple Assault if they attempt to cause or intentionally, knowingly, or recklessly cause bodily injury to another. What is the default grading for this offense under 18 Pa.C.S. § 2701?

Answer: Misdemeanor of the 2nd Degree

Under 18 Pa.C.S. § 2701(b), Simple Assault is graded as a Misdemeanor of the 2nd Degree unless it is committed during a fight or scuffle entered into by mutual consent, in which case it is a Misdemeanor of the 3rd Degree. The default or standard grading is M2.

During a traffic stop, an officer develops probable cause to arrest the driver for Driving Under the Influence. The officer arrests the individual without a warrant. According to the Pennsylvania Rules of Criminal Procedure, what must the officer do with the defendant?

Answer: Take the defendant before the proper issuing authority for a preliminary arraignment without unnecessary delay.

Pa.R.Crim.P. 519(A) mandates that when a defendant is arrested without a warrant in a court case (like most DUIs), the defendant shall be afforded a preliminary arraignment by the proper issuing authority without unnecessary delay. Certain exceptions for release exist for low-level misdemeanors, but a standard DUI arrest requires arraignment.