MPTC Criminal Law Final Practice Study Guide Exam 2026

MPTC Criminal Law Final Practice Study Guide Exam 2026 Threat to commit a crime – -Elements: -Communicate -Crime -Reasonable fear Right of arrest: Complaint only Sources of Criminal Law - -Statutes Common law Regulations Six Kinds of Intent - -Specific Intent Malicious General Intent Reckless Negligent Strict Liability Three Rights of Arrest - -Arrest Warrant Warrantless Arrest Complaint Application Three ways an officer can arrest on misdemeanor - -Statute Past Statute Present Breach & Present Statute of limitations for murder - -No limit Statute of limitations for child sexual offenses - -27 years, or no limit if independent evidence is found that corroborates victim's story Statute of limitations for adult sexual offenses - -15 years Statute of limitations for robbery & incest - -10 years Most other offenses - -6 years Statute of limitations if victim was under 16 at time of crime - -Period does not begin until victim reaches age of 16, or violation is reported to LE, whichever happens first MPTC CRIMINAL LAW MPTC CRIMINAL LAW Statute of limitations for prostitution - -1 year Accomplice - -Elements: -Intentional Participation -Criminal Mindset Right of arrest: depends on crime Penalty: -Exactly the same as principal Accessory after the fact - -Elements: -Knowledge of felony -Assist -Felon -Intent to avoid arrest Right of Arrest: Felony Attempt to commit a crime - -Elements: -Specific Intent -Overt Act -Failure Right of Arrest: -felony if attempt is felony punishable by at least 5 years -complaint if attempt is felony punishable by less than 5 years or any misdemeanor -warrantless arrest in presence if attempt involves any larceny Conspiracy - -Element: -agreement between two or more people to do something unlawful Right of Arrest: -if conspiring to commit felony: felony -if conspiring to commit misdemeanor: complaint Solicitation of a felony - -Elements: -solicit -intent Right of arrest: -never been decided, get a warrant Extortion - -Elements: -Communication MPTC CRIMINAL LAW MPTC CRIMINAL LAW -Suspect maliciously intended to accuse another of a crime, injure the person or property of another, or use power invested in suspect against another -Intent to get something Right of arrest: felony Assault - -Elements: -Attempted Battery, or -Threatened Battery Right of Arrest: arrest for breach in presence, complaint if not Assault by Dangerous Weapon - -Elements: -Assault -Dangerous weapon Right of arrest: felony Assault and Battery - -Elements: Intentional -Intentionally touched -Without having the right -Cause physical harm or person did not consent Reckless -Suspect engaged in reckless conduct -Caused bodily harm to another Right of arrest: -arrest for breach in present, complaint if not -certain factors make it a felony A&B by Dangerous Weapon - -Elements: -A&B -Dangerous weapon Right of arrest: felony Mayhem - -Elements: Specific Acts -Suspect maliciously intended to maim or disfigure, and committed cutting out or maimed the tongue; put or destroyed an eye; cut or tore off an ear; cut, slit or mutilated the nose or lip; or cut off or disabled a limb or member of the victim Dangerous substance or weapon MPTC CRIMINAL LAW MPTC CRIMINAL LAW -Suspect maliciously intended to maim or disfigure, and assaulted the victim with dangerous weapon or substance, and disfigured, crippled, or inflicted serious or permanent physical injury Privy -suspect was privy to someone else's intent to maim Right of arrest: felony A&B on a Public Employee - -Elements: -A&B -Public Employee -Duty Right of Arrest: -Arrest for breach in presence, complaint if not -Felony if attempt to disarm police officer Interfering with a Police Officer - -Elements: -Intimidate, hinder, or interrupt -Police officer -Duty Right of arrest: arrest for breach in presence Neglect or refusal to assist officer - -Elements: -Person required by police -Neglected or refused assistance Right of arrest: -Arrest for breach in presence, complaint if not Resisting Arrest - -Elements: -Prevent or attempt -Police officer -Arrest -Force, threat, or risk of injury. Right of arrest: -officer is already making an arrest, considered a breach Right to know grounds for arrest - -Elements: -An officer arrested a person and refused to tell reason for arrest, answered untruthfully, or neglected to exhibit warrant Right of arrest: complaint MPTC CRIMINAL LAW MPTC CRIMINAL LAW False arrest - -Elements: -pretended to have legal process or pretended to have different legal process Right of arrest: complaint False name or SSN following arrest - -Elements: -Knowingly -False name or SSN -Police -Post-arrest Right of arrest: not applicable Note: must prove use of false name Escape from police lockup - -Elements: -suspect was lawfully placed into custody of a jail and escaped Right of arrest: arrest for breach in presence, complaint if not Aiding prisoner in police custody - -Elements: -Suspect aided or assisted in escaping or attempting to escape from lawful custody Right of arrest: arrest for breach in presence, complaint if not Second Degree Murder - -Elements: -Suspect committed an unlawful killing -With malice Right of arrest: felony First Degree Murder - -Elements: -Suspect committed an unlawful killing -With malice -Aggravating factor of deliberate premeditation, extreme atrocity or cruelty, or commission or attempted commission of a crime punishable by life Right of arrest: felony First degree felony murder - -Elements: -Same as first degree murder without intent or malice....usually during the commission of inherently dangerous crime Right of arrest: felony MPTC CRIMINAL LAW MPTC CRIMINAL LAW MPTC CRIMINAL LAW Second Degree felony murder - -Elements: -Homicide doing the commission of a felony that is not punishable by life Right of arrest: felony Voluntary Manslaughter - -Elements: -suspect unlawfully and intentionally used force in circumstances where the suspect experienced adequate and reasonable provocation which caused the death of another Right of arrest: felony Involuntary manslaughter - -Elements: -Suspect unlawfully and unintentionally -Caused the death of another by committing an A&B that endangered human life or recklessly engaged or failed to act in a manner that disregarded the clear risk of substantial harm Right of arrest: felony Kidnapping - -Elements: -Unlawful -Intentionally: -forcibly confined another against their will -inveigled another with the intent to confine Right of arrest: felony Parental or relative kidnapping - -Elements: -Child under 18 -suspect was a relative -suspect took, held, or enticed the child from lawful custodian -Incompetent person -suspect took or enticed any incompetent person entrusted by authority of law to the custody of another person Right of arrest: -If offender exposed a child or incompetent person to danger, or removed a child from the commonwealth, felony -If offender does not expose child or incompetent person, or remove them from the commonwealth, arrest for breach in presence. Complaint if not Enticement for sex or violence of a child under 16 - -Elements: -suspect enticed -a child under the age of 16, or someone they believed to be under 16 -to enter, exit, or remain in any vehicle, dwelling, building, or any other outdoor space -with intent that suspect or another would violate various sex or violent statutes MPTC CRIMINAL LAW Right of arrest: felony Electronic enticement for sex of an actual child under 18 - -Elements: -Suspect used electronic communication -to knowingly entice a child under 18 -to engage in prostitution or human trafficking Right of arrest: felony Cruelty to animals - -Elements: Suspect did one or more of the following -Beat -Used as a lure (except for fishing) -Neglect -Abandon -Transport cruelly Right of arrest: felony Mistreatment of police animals - -Elements: -Suspect intentionally tormented or interfered -Police dog or horse Right of arrest: warrantless arrest in presence Possess or Train Fighting Animals - -Elements: -Possess with intent to exhibit -Promoted -Transferred -Possessed for breeding Right of arrest: officers may enter without a warrant, arrest all persons present, and seize animals Rape - -Elements: -Suspect engaged in natural or unnatural sexual intercourse -By compelling the victim by force or by threat of bodily injury Right of arrest: felony Aggravated Rape - -Elements: -Same as rape -Rape episode caused: -serious bodily injury -constituted a joint enterprise MPTC CRIMINAL LAW MPTC CRIMINAL LAW -occurred during commission of some other felonies Right of arrest: felony Rape of a child under 16 - -Elements: -same as rape -victim under 16 Right of arrest: felony Aggravated rape of child under 16 - -Elements: -same as rape of child under 16 -With aggravating factor of: -during some other felony -results in substantial bodily injury -victim was bound or gagged -suspect gave victim intoxicating substance -joint enterprise -victim could contract STD Right of arrest: felony Statutory rape - -Elements: -Suspect unlawfully -Engaged in natural or unnatural sexual intercourse -Victim was under 16 Right of arrest: felony Aggravated statutory rape - -Elements: -Same as stat rape -Aggravating factor of: -more than five year difference, victim under 12 -more than 10 year difference, victim 12-16 -defendant is a mandated reporter of child abuse Right of arrest: felony Drugging person for intercourse - -Elements: -Administer drug -Intent to overpower Right of arrest: felony Assault with intent to commit rape - -Elements: -assault MPTC CRIMINAL LAW MPTC CRIMINAL LAW -specific intent Right of arrest: felony Indecent A&B age 14 and over - -Elements: -victim at least 14 -suspect committed indecent A&B -victim did not consent to Right of arrest: felony Indecent A&B under age 14 - -Elements: -Child was not yet 14 -Suspect committed indecent A&B Note: children under 14 cannot consent Right of arrest: felony Lewd and Lascivious Conduct - -Elements: -Committed or solicited -Sex Act -Arousal or offense -Public Right of arrest: warrantless arrest in presence in public Annoying and accosting sexually - -Elements: -Cause or risk -Public or private annoyance -Sexual overtones -Prohibited conduct Right of arrest: warrantless arrest in presence in public Indecent exposure - -Elements: -Intentional -Exposed genitals or breasts -Must cause offense Right of arrest: warrantless arrest in presence in public. Complaint in private Open & gross lewdness - -Elements: -Intentional -Expose genitals, breasts, or butt -Public MPTC CRIMINAL LAW MPTC CRIMINAL LAW MPTC CRIMINAL LAW -Alarm or shock -Person affected Right of arrest: felony Secret sexual surveillance - -Elements: Secret videotaping or photographing -With the intent to secretly conduct this activity -Suspect willfully photographed, videotaped, or electronically surveilled: -someone nude or partially nude -sexual or other intimate body part Dissemination -Suspect willfully disseminated the visual image -Knowing the image was obtained by secret videotaping Right of arrest: -making secret video: warrantless arrest on PC -dissemination: felony Sexual Conduct for fee - -Elements: -Customer -Prostitute -Paid, agreed, offered, or engaged in sexual conduct for a fee -Sex does not have to occur Right of arrest: warrantless arrest in presence in public Sexual conduct for fee, child under 18 - -Elements: -Customer paid, offered, or agreed to pay with intent to engage in sexual conduct with child under 18 -Facilitator was paid, agreed to pay, or agreed that a third party be paid in return for aiding a person who intended to engage in sexual conduct with a child under 18 Right of arrest: Felony Deriving support from a prostitute - -Elements: -Derive support -Knowledge of prostitute Right of arrest: felony Inducing a minor to become a prostitute - -Elements: -Person knowingly or assisted in inducing a person under 18 to become a prostitute Right of arrest: felony MPTC CRIMINAL LAW Permitting prostitution on the premises - -Elements: -Control premises -sexual intercourse for a fee -induce or allow Right of arrest: Felony Posing a child for sexual photographs - -Elements: -Know child under 18 -Prohibited activities including posing child naked or depicting sexual conduct Right of arrest: felony Disseminating child pornography - -Elements: -Lascivious intent -Disseminate or intent to -Pornography with child under 18 -Knowledge of contents Right of arrest: felony Possession of child pornography - -Elements: -Possessed in any form -Depiction of child under 18 -Knowledge of pornographic nature Right of arrest: felony Dissemination of obscene matter - -Elements: -knowledge -disseminate or possess with intent -obscene material Right of arrest: felony Dissemination of obscenity to minors - -Elements: -disseminate or possess with intent -harmful matter -knowledge of minor status -knowledge of harmful matter Right of arrest: felony Incest - -Elements: -Sexual Contact or marriage MPTC CRIMINAL LAW MPTC CRIMINAL LAW MPTC CRIMINAL LAW -Prohibited relationships: parent, grandparent, child, grandchild, sibling, niece/nephew, aunt/uncle Right of arrest: felony Chapter 209A domestic violence protective order - --Only applies to family or household members -Married -Living together -Related by blood or marriage -Parents of a common child -Involved in substantive dating or engagement relationship Harassment Prevention Order - -Protective order for those not covered by 209A Violation of a Restraining Order - -Elements: -Direct or indirect violation of order -Notice of order Right of arrest: MANDATORY warrantless arrest on PC Assault/A&B on intimate partner - -Elements: -Assault/A&B and -victim is/was married to offender -have a child in common -Is/was engaged or in substantive dating Right of arrest: warrantless arrest on PC; if 2nd offense, felony A&B or Indecent A&B on an intellectually disabled person - -Elements: -Required assault -Knowledge Right of arrest: felony Stalking - -Elements: -suspect willfully and maliciously engaged -at least 3 incidents -direct at specific person -constituted harassment -involved a threat with intent to cause imminent fear of death or serious bodily injury Right of arrest: felony Criminal Harassment - -Elements: -suspect willfully and maliciously engaged MPTC CRIMINAL LAW MPTC CRIMINAL LAW -at least 3 incidents -direct at specific person -constituted harassment NO THREAT Right of arrest: warrantless arrest on PC is preferred Annoying or Obscene electronic communication - -Elements: -3 calls -To victim or family -Indecent or Harassing Right of arrest: complaint only Unlawful secret recording - -Elements: Type 1: Unlawful secret interception -Suspect willfully committed an interception, attempted an interception, or had someone else of any wire or oral communication Type 2: Possession of interception device -Suspect possessed an intercepting device or permitted one to be used under circumstances showing intent to intercept Type 3: Disclosure of secret interception -Suspect willfully disclosed or used the contents of an interception knowing it was unlawfully obtained Type 4: Conspiracy, attempt, or accessory: -to any of the above mentioned is eligible for same punishment as principal offender Right of arrest: -Unlawful secret recording: felony -Possession of device and disclosure: seize evidence and complaint Interference with civil rights - -Elements: -force or threat -attempt or interfere -motivated by bias -exercise of legal rights Right of arrest: -if bodily injury results, felony -if no bodily injury, arrest for breach in presence, complaint if not Assault, A&B, or property damage for the purpose of intimidation - -Elements: -Assault or property damage MPTC CRIMINAL LAW MPTC CRIMINAL LAW -Specific intent to intimidate Right of arrest: -basic offense: arrest for breach in presence, complaint if not -If A&B results in bodily harm: felony Destruction or threats to destroy a place of worship - -Elements: Type 1: Destruction or defacement -suspect willfully or wantonly -destroyed, defaced, marred, or injured -church, synagogue, etc. Type 2: Threats -Suspected threatened to burn, deface, mar, injure, or destroy -Church, synagogue, etc. Right of arrest: -if property damage is over $5,000: felony -if damage is less or crime involves threat: arrest for breach in presence, complaint if not Carrying a dangerous weapon - -Elements: Type 1 Per se dangerous weapon -Carry -Listed weapon: -knives -misc. -martial arts Type 2 Non per se during arrest -Arrest by warrant or for breach -Carry -Non per se weapon Right of arrest: felony Possession of electrical control weapon - -Elements: -Possess or sell Right of arrest: confiscate and complaint, unless suspect has compelling self defense reason Explosives, WMD, & other dangerous or hoax devices - -Elements: -possession of hoax device -possession of explosive ingredient -possession of an ingredient for WMD MPTC CRIMINAL LAW -possession of explosive, incendiary, or destructive device -placing an explosive, etc. device -exploding an explosive, etc. device -possession of WMD or delivery device Right of arrest: felony Threat concerning the location of dangerous items or a hijack - -Elements: -Willful communication -Threat -Dangerous item/hijack -Anxiety to anyone Right of arrest: felony Sale or possession of fireworks - -Elements: -possess, explode, or possess with intent -fireworks Right of arrest: -sales: warrantless arrest in presence -possess or explode: confiscate and complaint Class A narcotics - -Heroin, morphine, flunitrazepam, GHB, ketamine Class B narcotics - -Cocaine, codeine, methadone, oxy, amphetamines, fentanyl, meth, MDMA Class C narcotics - -Valium, synthetic weed, shrooms, bath salts Class D narcotics - -Marijuana, barbital Class E narcotics - -Prescription drugs not listed Possession of controlled substance - -Elements: -knowingly -possessed -without lawful reason Right of arrest: warrantless arrest on PC Smelling substance with toxic vapor - -Elements: -intentionally smell or purchase -to get high Right of arrest: warrantless arrest in presence MPTC CRIMINAL LAW MPTC CRIMINAL LAW Distribute, manufacture, or possess with intent - -Elements: -knowingly and intentionally -manufactured, distributed, or possessed with intent -controlled substance Right of arrest: -Class A, B, & C: felony -Class D & E: warrantless arrest on PC Drug Trafficking - -Elements: -knowingly -weight -controlled substance Right of arrest: felony Sale or possession with intent to sell drug paraphernalia - -Elements: -Sold or possessed with intent -Paraphernalia -Knowledge Right of arrest: -warrantless arrest in presence -sale to buyer under 18: felony Sale of hypodermic needles and syringes - -Elements: Type 1 sale by nonprofessional -not a licensed pharmacist -sold to anyone Type 2 sale to minor or failure to validate age -suspect was licensed to sell -sold to someone under 18 -sold to someone without requiring ID Right of arrest: warrantless arrest on PC Counterfeit substance - -Elements: -Knowingly -Create or possess with intent -Counterfeit Right of arrest: warrantless arrest in presence Drug free school and park zone - -Elements: MPTC CRIMINAL LAW MPTC CRIMINAL LAW Suspect violates non-possession offenses Type 1 School zone: -within 300 feet of the property boundary of a school -between 0500 and midnight Type 2 Park zone -within 100 feet of a public park or playground Right of arrest: felony Fraudulently obtaining a controlled substance - -Elements: Type 1 drug abuser fraud -uttered a false prescription -obtained possession of controlled substance by fraud or deception Type 2 manufacturing fraud -suspect used a fictitious serial number during manufacture/distribution Right of arrest: felony Stealing a controlled substance from authorized dealer - -Elements: -steal controlled substance -authorized dealer Right of arrest: felony Selling or going tobacco to a minor - -Elements: -Sold or gave -person under 18 -tobacco Right of arrest: complaint Selling or furnishing alcohol to person under 21 - -Elements: -sold or delivered -ordered at bar -bought at store -furnished Right of arrest: -furnishing in a home: complaint -delivering anywhere other than a dwelling: arrest Maintaining or permitting a nuisance - -Elements: Maintaining MPTC CRIMINAL LAW MPTC CRIMINAL LAW -every building or place used for an unlawful purpose Permitting: -knowingly permit -failure to eject Right of arrest: arrest for breach in presence, complaint if not Procuring alcoholic beverages by false representation - -Elements Type 1 person under 21 -purchased or attempted -made arrangements for someone else to purchase -misrepresented his age -altered or falsified identification -In order to procure a sale or delivery for his or someone else's use Type 2 statements or inducement by any person -suspect, regardless of age made a false statement about minor's age -induced the minor to make a false statement -to procure a sale or delivery of an alcoholic beverage to a minor Right of arrest: confiscate ID, alcohol, and complaint False ID or failure to provide ID - -Elements: Type 1 false identification -transfer, alter, or deface ID -made, used, carried, or sold false ID -Used ID of another -Furnished false ID in obtaining an ID Type 2 failure to provide ID -upon request of ABCC, suspect refused to ID Right of arrest: warrantless arrest Minor in possession of alcohol - -Elements: -Under 21 and no guardian -possess or transport -alcohol Right of arrest: warrantless arrest in presence Public drinking or alcohol possession - -Elements: -Local law violation -public drinking or possession MPTC CRIMINAL LAW MPTC CRIMINAL LAW Right of arrest: warrantless arrest in their jurisdiction Disorderly Conduct - -Elements: -cause or risk -public reaction -Misconduct by fighting, agitated or tumultuous behavior, created a hazard or physically offensive condition, or threatening to use force Right of arrest: warrantless arrest in presence in public Keeper of a disorderly house - -Elements: -Controls premises -Knowledge -Habitual disorder Right of arrest: warrantless arrest in presence in public; complaint if not in public Disturbing the peace - -Elements: -objectively annoying conduct -victim annoyed Right of arrest: warrantless arrest in public Refusing to remove a substance thrown on public way - -Elements: -local law -officer present -refuse to remove Right of arrest: warrantless arrest if suspect refuses to identify Gambling or betting in public - -Elements: -knowingly gambled -in public Right of arrest: warrantless arrest in public Registering Bets - -Elements -suspect knowingly kept place for registering -permitted registering -present to help register Right of arrest: felony Use of telephone for betting purposes - -Elements: -control telephone -knowingly accept bets MPTC CRIMINAL LAW MPTC CRIMINAL LAW Right of arrest: warrantless arrest by officers present at the scene of the violation Organizing illegal gambling facilities - -Elements: -knowingly organized, managed, financed, or received payment from -4 people -support for lottery or betting Right of arrest: felony Illegal lottery - -Elements: -promote -lottery Right of arrest: felony Crimes relating to the mass lottery - -Elements: -fraudulent intent -alter or forge -mass lottery ticket Right of arrest: felony Larceny - -Elements: Type 1 stealing -suspect unlawfully took and carried away -money or property of another -with intent to permanently deprive that person Type 2 larceny by false pretense -suspect knowingly made false statement of fact -intended the victim to rely on as being true -victim relied on suspect's statement, and gave money or property Type 3 embezzlement -suspect was entrusted with property of another -took, hid, or converted property as his own -with intent to permanently deprive the owner Right of arrest: -if suspect steals firearm, trade secret, or property valued over $250, felony -if suspect steals property at $250 or less, warrantless arrest in present, complaint if not Attempted larceny - -Elements: -specific intent -overt act MPTC CRIMINAL LAW MPTC CRIMINAL LAW -failure Right of arrest: special statutory right of arrest for attempted larceny. If not in presence, complaint or warrant. Unarmed Robbery - -Elements: -not being armed with dangerous weapon -by force or putting in fear -took from the victim or victim's immediate control -money or property Right of arrest: felony Armed Robbery - -Elements: -suspect was armed with dangerous weapon -assaulted another -took from the victim or victim's immediate control -money or property Right of arrest: felony Larceny from the person - -Elements: -take -money or property -person or control -intent Right of arrest: felony Larceny by stealing in a building - -Elements: -take -building -property of another -intent Right of arrest: felony Larceny by check - -Elements: Type 1 attempted larceny by check -suspect, with intent to defraud, wrote, cashed, or uttered -any check or order for payment -to a bank or financial institution -with the knowledge that there was insufficient funds Type 2 actual larceny by check -and the suspect obtained money or property or services MPTC CRIMINAL LAW MPTC CRIMINAL LAW Right of arrest: -attempted: complaint -actual $250 or under: complaint -actual over $250: felony Concealing leased or rented property - -Elements: -Lease/rent -Intent -Concealed -Failed to return -sold Right of arrest: complaint Fraudulently procuring food or accommodations for credit - -Elements: Type 1 procuring from hotel -suspect obtained food, entertainment, or accommodations from a hotel -without paying -intent to cheat or defraud owner Type 2 procuring from restaurant -suspect obtained food/drink -without paying -intent ot cheat or defraud owner Right of arrest: arrest for breach in presence; complaint if not Insurance fraud - -Elements: -intent to defraud -presenting/preparing any written document -false claim information Right of arrest: felony Identity fraud - -Element: -posing as another without authorization -fraudulent intent Right of arrest: warrantless arrest on PC Obtaining computer services by fraud - -Elements: -fraudulently obtain or attempt -computer service -various methods by false representation, unauthorized charging, installing or tampering with any facilities or equipment, or any other means MPTC CRIMINAL LAW MPTC CRIMINAL LAW MPTC CRIMINAL LAW Right of arrest: complaint Unauthorized access to computer - -Elements: -Knowingly unauthorized access Right of arrest: complaint Criminal Usury - -Elements: -loan -interest and expenses -over 20% Right of arrest: felony Money Laundering - -Elements Type 1 transport or process -suspect knowingly transported or possessed money or property derived from criminal activity -with intent to facilitate criminal activity Type 2 transaction to conceal -suspect engaged in a transaction with money or property known to derive from criminal activity -to facilitate crime; conceal nature, location, or ownership of property; avoid money report required by fed law Type 3 manage -suspect directed, financed, managed, controlled -transport of or transactions in monetary instruments of property -known or reasonably believed to be derived from crime Right of arrest: felony Basic shoplifting - -Elements: -Intentional -take; conceal; manipulate price tag; switch container; ring up false price; remove shopping cart -intent to deprive Right of arrest: warrantless arrest on PC Aggravated shoplifting - -Elements: -shielding device -return receipt -organized crime MPTC CRIMINAL LAW MPTC CRIMINAL LAW Right of arrest: felony Receiving stolen property - -Elements: -stolen or fraudulently obtained -knowledge -possession Right of arrest: -if over $250 or 2nd offense: felony -if $250 or under: confiscate and complaint Forgery - -Elements: -suspect, with intent to injure or defraud, knowingly -made, altered, or forged, -a document or record of apparent legal significance Right of arrest: felony Uttering - -Elements: -suspect, with intent to injure or defraud, knowingly -uttered and published as true -a forged or altered document or apparent legal significance Right of arrest: felony Breaking - -Exertion of physical force, however slight, to remove an obstruction and gain entry. -putting a key into a lock -opening not intended as an entrance -opening an unlocked door or a window Entry - -Unlawful making of one's way into a building or vehicle by means of body part or instrument. Aggravated Burglary - -Elements: -suspect breaks and enters with intent to commit a felony; or enters with intent to commit a felony then breaks into -A dwelling house -In the night time -While someone is inside -Suspect arms himself before going or while inside a dwelling; or assaults a lawful occupant inside Right of arrest: Felony MPTC CRIMINAL LAW MPTC CRIMINAL LAW Burglary - -Elements: -Suspect breaks and enter with intent to commit a felony; or enters with intent to commit a felony and then breaks -A dwelling house -In the night time -Suspect is not armed and dangerous while in the house; and does not assault a lawful occupant Right of arrest: Felony Home Invasion - -Elements: -Enter the dwelling place of another -Aware of occupants either before entry or remaining inside after learning one or more persons are present -Armed with a dangerous weapon -Used force or threatened imminent force upon any person in the dwelling; or intentionally caused any injury to any person in the dwelling Right of arrest: Felony Armed assault in a dwelling - -Elements: -suspect entered a dwelling -while armed -committed an assault on someone in the dwelling -with specific intent to commit a separate felony Right of arrest: Felony B&E with intent to commit a felony - -Elements Type 1 B&E night time -suspect breaks and enters a building, ship, vessel, or vehicle -in the night time -with intent to commit a felony Type 2 Breaking depository -Suspect attempts or succeeds in breaking, burning, blowing up, or otherwise injuring -a depository of money or other valuables -with intent to commit a larceny or felony Right of arrest: felony B&E with intent to commit misdemeanor - -Elements: -suspect breaks and enters -at any time of the day -a building, ship, vessel, or vehicle -with intent to commit a misdemeanor MPTC CRIMINAL LAW MPTC CRIMINAL LAW Right of arrest: arrest for breach in presence, complaint if not Entering building/MV without break at night; aggravated B&E day time - -Elements: -suspect enters without breaking in the night; or breaks and enters in the day time -a building, ship, vessel, or vehicle -with the intent to commit a felony -the owner or any other person lawfully inside is put in fear Right of arrest: Felony Entering dwelling without break at night; B&E day time - -Elements: -Suspect enters a dwelling without breaking at night; or breaks and enters in the day time -A building, ship, vessel, or vehicle -With the intent to commit a felony -No person lawfully inside is put in fear Right of arrest: felony Possession of a burglarious tool - -Elements: -Suspect made, mended, or knowingly possessed -a tool, machine, or motor vehicle master key -designed to break depository -with the intent to break and commit a crime Right of arrest: felony Trespass after notice - -Elements: -suspect entered or remained without right -property of another -Even though a person with lawful control had forbidden the suspect's presence (notice) Right of arrest: warrantless arrest in presence Obstruct access to medical facility - -Elements: -suspect knowingly -obstruct entry or departure into any medical facility or -entered or remained to impede the provision of medical services -after receiving notice Right of arrest: Warrantless arrest in presence Impeding access or intimidation at reproductive health facility - -Elements: Type 1 Violation: impeding access Type 2 Violation: intimidation MPTC CRIMINAL LAW Right of arrest: -Impending: police must first issue a written withdrawal order; in presence violation may result in warrantless arrest -Intimidating: warrantless arrest in presence Defacing or damaging property - -Elements: -Suspect maliciously or wantonly -Marked, injured, defaced, or destroyed -The real or personal property of another Right of arrest: Felony Note: could also charge misdemeanor alternative under Chapter 266 s. 127 for minor, juvenile crimes Arson - -Elements: -Willfully burn or counsel -A designated structure Right of arrest: Felony Note: charring is sufficient evidence or burning Arson of Personal Property - -Elements: -Willfully burn or counsel -Property over $25, trees, or conveyance Right of arrest: Felony Negligently allow fire damage - -Elements: Type 1 Set fire of property of another -Suspect was not a tenant -set or increased a fire upon another's land -that person's property was damaged Type 2 Negligent spread of fire -Suspect negligently or willfully suffered any fire on his own land that extended beyond the property limits -woods or property of another were injured Right of arrest: arrest for breach in presence, complaint if not Attempted Arson - -Elements: -Willfully attempt to burn -Any structure or property MPTC CRIMINAL LAW MPTC CRIMINAL LAW MPTC CRIMINAL LAW Right of arrest: felony Burning Insured Property - -Elements: -Suspect willfully -Fraudulently burned with the intent to defraud an insurer -Property -That was insured against fire damage Right of arrest: felony False fire alarm - -Elements: -No legitimate reason -False report of fire Right of arrest: arrest for breach in presence, complaint if not Hindering a firefighter - -Elements: -Willfully hinder -Firefighter in lawful performance of duty Right of arrest: felony Tampering with fire alarm - -Elements: -With a fire or police signal system, or a motorist emergency signal system on state highway -Suspect, without authority, opened signal box for purpose of, or succeeded in giving, a false alarm or call; or injured or defaced the box; or opened or tampered with the box or any of its parts Right of arrest: -tampering police/fire signal: warrantless arrest in presence -tampering motorist signal: arrest for breach in presence, complaint if not Sell or give away novelty lighter - -Elements: -Sale or give away -Novelty lighter Right of arrest: confiscate as evidence; complaint Witness interference & obstruction of justice - -Elements: -Suspect directly or indirectly -Willfully -Threatened, attempted or caused physical, emotional, economic, or property injury -Promised, offered, or conveyed anything of value -Misled MPTC CRIMINAL LAW MPTC CRIMINAL LAW -Intimidated -Harassed -Another person who is or was -witness or potential witness -aware of information -furthering -attending -Or who is a -police officer -judicial official -juror -With the intent or with reckless disregard to impede, obstruct, delay, harm, punish, or otherwise interfere with any civil proceeding or any criminal investigation or proceeding Right of arrest: felony False report to public safety dispatch - -Elements Type 1 false information -Willful and malicious -PSAP emergency 911 dispatch center -False Information -Causing an emergency response Type 2 silent calls -Willful and malicious -3 silent calls -PSAP -3 responses Right of arrest: -1st offense: complaint -2nd offense: felony False report of crime to police - -Elements: -Intentionally make or cause -False crime report Right of arrest: arrest for breach in presence, complaint if not Impersonation of a police officer - -Elements: -Pretend to be officer -Behave as if an officer Right of arrest: arrest for breach in presence, complaint if not False written report by a police officer - -Elements: MPTC CRIMINAL LAW MPTC CRIMINAL LAW -Public employee -officer duty -knowingly filed -false report Right of arrest: complaint Bribery - -Elements: Type 1 Accepting a bribe -public employee may never with corrupt intent, ask, demand, or agree to receive -anything of value -in exchange for performing an official favor, committing fraud on a public agency, or promising to take official action or inaction Type 2 Offering a bribe -A person may never, with corrupt intent, give, offer, or promise -anything of value -to a public employee -for the purpose of influencing the official to act or fail to act, or to commit a fraud on any government agency, in violation of his lawful duty Type 3 Influencing testimony Right of arrest: felony Default from a court appearance - -Elements: -Released from custody by bail, judge, or magistrate -With notice to appear -Failure to appear Right of arrest: warrant will be issued for suspect Perjury - -Elements: Type 1 spoken perjury -suspect knowingly -made false statement under oath -falsehood was material Type 2 perjury per se -suspect knowingly -gave two obviously inconsistent statements about a material issue (government does not have to prove which one is false) Type 3 written perjury -suspect knowingly made material false statement -in a written document signed under the penalties of perjury MPTC CRIMINAL LAW Type 4 subornation of perjury -Suspect convicted another to commit perjury MPTC CRIMINAL LAW