MTA Criminal Law 2 — Questions and Answers
Question 1: Under the Model Penal Code, which mental state requires that a person be aware that their conduct is of a particular nature or that a particular result will occur?
- Negligence
- Recklessness
- Knowledge (Correct answer)
- Purpose
Correct answer: Knowledge
Knowledge (also called 'knowingly') means the person is aware that their conduct is of a particular nature or that a particular result is practically certain to follow.
Question 2: A person who breaks into a closed business at night intending to steal merchandise has most likely committed:
- Robbery
- Burglary (Correct answer)
- Trespass
- Larceny
Correct answer: Burglary
Burglary is the unlawful entry into a structure with the intent to commit a crime inside, which fits breaking into a business to steal.
Question 3: Which element distinguishes robbery from simple larceny?
- The value of the property taken
- The use of force or threat of force (Correct answer)
- Whether the victim was present
- The time of day the crime occurred
Correct answer: The use of force or threat of force
Robbery requires that property be taken from a person by force or intimidation, whereas larceny does not require force.
Question 4: An officer observes a suspect flee after seeing police. Under most jurisdictions, flight alone:
- Establishes probable cause for arrest
- Is sufficient grounds for a Terry stop
- Is not sufficient by itself to establish reasonable suspicion (Correct answer)
- Constitutes resisting arrest
Correct answer: Is not sufficient by itself to establish reasonable suspicion
The Supreme Court held in Illinois v. Wardlow that flight from police in a high-crime area may contribute to reasonable suspicion, but flight alone is not sufficient.
Question 5: Which of the following best describes 'transferred intent'?
- Intent that shifts from a felony to a misdemeanor
- Intent directed at one person that applies when a different person is harmed (Correct answer)
- A defendant's intent inferred from circumstantial evidence
- Intent that is transferred to an accomplice
Correct answer: Intent directed at one person that applies when a different person is harmed
Transferred intent holds a defendant liable when they intend to harm one person but accidentally harm another — the intent 'transfers' to the actual victim.
Question 6: Receiving stolen property requires that the defendant:
- Personally stole the property
- Knew or believed the property was stolen (Correct answer)
- Sold the property to a third party
- Used the property in furtherance of another crime
Correct answer: Knew or believed the property was stolen
Receiving stolen property requires the defendant to knowingly acquire property that was stolen — actual theft by the defendant is not required.
Question 7: Which crime involves the intentional touching of another person in an offensive or harmful way without consent?
- Assault
- Battery (Correct answer)
- Menacing
- Harassment
Correct answer: Battery
Battery is completed physical contact — intentional, harmful, or offensive touching without consent; assault typically covers the apprehension of imminent contact.
MTA Criminal Law 2
Under the Model Penal Code, which mental state requires that a person be aware that their conduct is of a particular nature or that a particular result will occur?