Texas Penal Code: Arson, Criminal

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Course

Law

Enforcement I

Unit VI

Crime and

Punishment

Essential

Question

What are the different types of property crimes and their punishments?

TEKS

§130.293(c)

(7)(A)(B)(D)

Prior Student

Learning

The basics of criminal law

Estimated

Time

6 to 7 hours

Texas Penal Code: Arson, Criminal

Mischief, and Other Property Damage or Destruction

Rationale

Police officers must respond to property-crime calls. They must be able to distinguish the call as that of a specific property crime to file the appropriate charges.

Objectives

The students will be able to:

1. Discuss the definitions all property crimes have in common.

2. Distinguish the different types of property crimes and their punishments through scenarios.

Engage

Use the following questions for a class discussion. Have you ever had your car or house broken into or had something stolen or damaged? Was the suspect ever caught? How did it make you feel? Use the Discussion Rubric for assessment.

Key Points

Texas Penal Code. Title 7. Offenses Against Property. Chapter 28. ARSON,

CRIMINAL MISCHIEF, AND OTHER PROPERTY DAMAGE OR

DESTRUCTION

Sec. 28.01. DEFINITIONS.

In this chapter:

(1) "Habitation" means a structure or vehicle that is adapted for the overnight accommodation of persons and includes:

(A) each separately secured or occupied portion of the structure or vehicle; and

(B) each structure appurtenant to or connected with the structure or vehicle.

(2) "Building" means any structure or enclosure intended for use or occupation as a habitation or for some purpose of trade, manufacture, ornament, or use.

(3) "Property" means:

(A) real property;

(B) tangible or intangible personal property, including anything severed from land; or

(C) a document, including money, that represents or embodies anything of value.

(4) "Vehicle" includes any device in, on, or by which any person or property is or may be propelled, moved, or drawn in the normal course of commerce or transportation.

(5) "Open-space land" means real property that is undeveloped for the purpose of human habitation.

(6) "Controlled burning" means the burning of unwanted

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vegetation with the consent of the owner of the property on which the vegetation is located and in such a manner that the fire is controlled and limited to a designated area.

Sec. 28.02. ARSON.

(a) A person commits an offense if the person starts a fire, regardless of whether the fire continues after ignition, or causes an explosion with intent to destroy or damage:

(1) any vegetation, fence, or structure on open-space land; or

(2) any building, habitation, or vehicle:

(A) knowing that it is within the limits of an incorporated city or town;

(B) knowing that it is insured against damage or destruction;

(C) knowing that it is subject to a mortgage or other security interest;

(D) knowing that it is located on property belonging to another;

(E) knowing that it has located within it property belonging to another; or

(F) when the person is reckless about whether the burning or explosion will endanger the life of some individual or the safety of the property of another.

(a-1) A person commits an offense if the person recklessly starts a fire or causes an explosion while manufacturing or attempting to manufacture a controlled substance and the fire or explosion damages any building, habitation, or vehicle.

(a-2) A person commits an offense if the person intentionally starts a fire or causes an explosion and in so doing:

(1) recklessly damages or destroys a building belonging to another; or

(2) recklessly causes another person to suffer bodily injury or death.

(b) It is an exception to the application of Subsection (a)(1) that the fire or explosion was a part of the controlled burning of openspace land.

(c) It is a defense to prosecution under Subsection (a)(2)(A) that prior to starting the fire or causing the explosion, the actor obtained a permit or other written authorization granted in accordance with a city ordinance, if any, regulating fires and explosions.

(d) An offense under Subsection (a) is a felony of the second degree, except that the offense is a felony of the first degree if it is shown on the trial of the offense that:

(1) bodily injury or death was suffered by any person by reason of the commission of the offense; or

(2) the property intended to be damaged or destroyed by the actor was a habitation or a place of assembly or worship.

(e) An offense under Subsection (a-1) is a state jail felony, except

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that the offense is a felony of the third degree if it is shown on the trial of the offense that bodily injury or death was suffered by any person by reason of the commission of the offense.

(f) An offense under Subsection (a-2) is a state jail felony.

(g) If conduct that constitutes an offense under Subsection (a-1) or that constitutes an offense under Subsection (a-2) also constitutes an offense under another subsection of this section or another section of this code, the actor may be prosecuted under

Subsection (a-1) or Subsection (a-2), under the other subsection of this section, or under the other section of this code.

Sec. 28.03. CRIMINAL MISCHIEF.

(a) A person commits an offense if, without the effective consent of the owner:

(1) he intentionally or knowingly damages or destroys the tangible property of the owner;

(2) he intentionally or knowingly tampers with the tangible property of the owner and causes pecuniary loss or substantial inconvenience to the owner or a third person; or

(3) he intentionally or knowingly makes markings, including inscriptions, slogans, drawings, or paintings, on the tangible property of the owner.

(b) Except as provided by Subsections (f) and (h), an offense under this section is:

(1) a Class C misdemeanor if:

(A) the amount of pecuniary loss is less than $50; or

(B) except as provided in Subdivision (3)(A) or (3)(B), it causes substantial inconvenience to others;

(2) a Class B misdemeanor if the amount of pecuniary loss is

$50 or more but less than $500;

(3) a Class A misdemeanor if:

(A) the amount of pecuniary loss is $500 or more but less than $1,500; or

(B) the actor causes in whole or in part impairment or interruption of any public water supply, or causes to be diverted in whole, in part, or in any manner, including installation or removal of any device for any such purpose, any public water supply, regardless of the amount of the pecuniary loss;

(4) a state jail felony if the amount of pecuniary loss is:

(A) $1,500 or more but less than $20,000;

(B) less than $1,500, if the property damaged or destroyed is a habitation and if the damage or destruction is caused by a firearm or explosive weapon;

(C) less than $1,500, if the property was a fence used for the production or containment of:

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(i) cattle, bison, horses, sheep, swine, goats, exotic livestock, or exotic poultry; or

(ii) game animals as that term is defined by

Section 63.001

, Parks and Wildlife Code; or

(D) less than $20,000 and the actor causes wholly or partly impairment or interruption of public communications, public transportation, public gas or power supply, or other public service, or causes to be diverted wholly, partly, or in any manner, including installation or removal of any device for any such purpose, any public communications or public gas or power supply;

(5) a felony of the third degree if the amount of the pecuniary loss is $20,000 or more but less than $100,000;

(6) a felony of the second degree if the amount of pecuniary loss is $100,000 or more but less than $200,000; or

(7) a felony of the first degree if the amount of pecuniary loss is $200,000 or more.

(c) For the purposes of this section, it shall be presumed that a person who is receiving the economic benefit of public communications, public water, gas, or power supply, has knowingly tampered with the tangible property of the owner if the communication or supply has been:

(1) diverted from passing through a metering device; or

(2) prevented from being correctly registered by a metering device; or

(3) activated by any device installed to obtain public communications, public water, gas, or power supply without a metering device.

(d) The terms "public communication, public transportation, public gas or power supply, or other public service" and "public water supply" shall mean, refer to, and include any such services subject to regulation by the Public Utility Commission of Texas, the Railroad Commission of Texas, or the Texas Natural

Resource Conservation Commission or any such services enfranchised by the State of Texas or any political subdivision thereof.

(e) When more than one item of tangible property, belonging to one or more owners, is damaged, destroyed, or tampered with in violation of this section pursuant to one scheme or continuing course of conduct, the conduct may be considered as one offense, and the amounts of pecuniary loss to property resulting from the damage to, destruction of, or tampering with the property may be aggregated in determining the grade of the offense.

(f) An offense under this section is a state jail felony if the damage or destruction is inflicted on a place of worship or human burial, a public monument, or a community center that provides medical,

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social, or educational programs and the amount of the pecuniary loss to real property or to tangible personal property is less than

$20,000.

(g) In this section:

(1) "Explosive weapon" means any explosive or incendiary device that is designed, made, or adapted for the purpose of inflicting serious bodily injury, death, or substantial property damage, or for the principal purpose of causing such a loud report as to cause undue public alarm or terror, and includes:

(A) an explosive or incendiary bomb, grenade, rocket, and mine;

(B) a device designed, made, or adapted for delivering or shooting an explosive weapon; and

(C) a device designed, made, or adapted to start a fire in a time-delayed manner.

(2) "Firearm" has the meaning assigned by Section 46.01

.

(3) "Institution of higher education" has the meaning assigned by Section 61.003

, Education Code.

(4) "Aluminum wiring" means insulated or noninsulated wire or cable that consists of at least 50 percent aluminum, including any tubing or conduit attached to the wire or cable.

(5) "Bronze wiring" means insulated or noninsulated wire or cable that consists of at least 50 percent bronze, including any tubing or conduit attached to the wire or cable.

(6) "Copper wiring" means insulated or noninsulated wire or cable that consists of at least 50 percent copper, including any tubing or conduit attached to the wire or cable.

(7) "Transportation communications equipment" means:

(A) an official traffic-control device, railroad sign or signal, or traffic-control signal, as those terms are defined by Section 541.304

, Transportation Code; or

(B) a sign, signal, or device erected by a railroad, public body, or public officer to direct the movement of a railroad train, as defined by Section

541.202

, Transportation Code.

(8) "Transportation communications device" means any item attached to transportation communications equipment, including aluminum wiring, bronze wiring, and copper wiring.

(h) An offense under this section is a state jail felony if the amount of the pecuniary loss to real property or to tangible personal property is $1,500 or more but less than $20,000 and the damage or destruction is inflicted on a public or private elementary school, secondary school, or institution of higher education.

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(i) Notwithstanding Subsection (b), an offense under this section is a felony of the first degree if the property is livestock and the damage is caused by introducing bovine spongiform encephalopathy, commonly known as mad cow disease, or a disease described by Section 161.041

(a), Agriculture Code. In this subsection, "livestock" has the meaning assigned by Section

161.001

, Agriculture Code.

(j) Notwithstanding Subsection (b), an offense under this section is a felony of the third degree if:

(1) the tangible property damaged, destroyed, or tampered with is transportation communications equipment or a transportation communications device; and

(2) the amount of the pecuniary loss to the tangible property is less than $100,000.

Sec. 28.04. RECKLESS DAMAGE OR DESTRUCTION.

(a) A person commits an offense if, without the effective consent of the owner, he recklessly damages or destroys property of the owner.

(b) An offense under this section is a Class C misdemeanor.

Sec. 28.05. ACTOR'S INTEREST IN PROPERTY.

It is no defense to prosecution under this chapter that the actor has an interest in the property damaged or destroyed if another person also has an interest that the actor is not entitled to infringe.

Sec. 28.06. AMOUNT OF PECUNIARY LOSS.

(a) The amount of pecuniary loss under this chapter, if the property is destroyed, is:

(1) the fair market value of the property at the time and place of the destruction; or

(2) if the fair market value of the property cannot be ascertained, the cost of replacing the property within a reasonable time after the destruction.

(b) The amount of pecuniary loss under this chapter, if the property is damaged, is the cost of repairing or restoring the damaged property within a reasonable time after the damage occurred.

(c) The amount of pecuniary loss under this chapter for documents, other than those having a readily ascertainable market value, is:

(1) the amount due and collectible at maturity less any part that has been satisfied, if the document constitutes evidence of a debt; or

(2) the greatest amount of economic loss that the owner might reasonably suffer by virtue of the destruction or damage if the document is other than evidence of a debt.

(d) If the amount of pecuniary loss cannot be ascertained by the criteria set forth in Subsections (a) through (c), the amount of loss is deemed to be greater than $500 but less than $1,500.

(e) If the actor proves by a preponderance of the evidence that he

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gave consideration for or had a legal interest in the property involved, the value of the interest so proven shall be deducted from:

(1) the amount of pecuniary loss if the property is destroyed; or

(2) the amount of pecuniary loss to the extent of an amount equal to the ratio the value of the interest bears to the total value of the property, if the property is damaged.

Sec. 28.07. INTERFERENCE WITH RAILROAD PROPERTY.

(a) In this section:

(1) "Railroad property" means:

(A) a train, locomotive, railroad car, caboose, work equipment, rolling stock, safety device, switch, or connection that is owned, leased, operated, or possessed by a railroad; or

(B) a railroad track, rail, bridge, trestle, or right-of-way owned or used by a railroad.

(2) "Tamper" means to move, alter, or interfere with railroad property.

(b) A person commits an offense if the person:

(1) throws an object or discharges a firearm or weapon at a train or rail-mounted work equipment; or

(2) without the effective consent of the owner:

(A) enters or remains on railroad property, knowing that it is railroad property;

(B) tampers with railroad property;

(C) places an obstruction on a railroad track or right-ofway; or

(D) causes in any manner the derailment of a train, railroad car, or other railroad property that moves on tracks.

(c) An offense under Subsection (b)(1) is a Class B misdemeanor unless the person causes bodily injury to another, in which event the offense is a felony of the third degree.

(d) An offense under Subsection (b)(2)(A) is a Class C misdemeanor.

(e) An offense under Subsection (b)(2)(B), (b)(2)(C), or (b)(2)(D) is a

Class C misdemeanor unless the person causes pecuniary loss, in which event the offense is:

(1) a Class B misdemeanor if the amount of pecuniary loss is

$20 or more but less than $500;

(2) a Class A misdemeanor if the amount of pecuniary loss is

$500 or more but less than $1,500;

(3) a state jail felony if the amount of pecuniary loss is $1,500 or more but less than $20,000;

(4) a felony of the third degree if the amount of the pecuniary loss is $20,000 or more but less than $100,000;

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(5) a felony of the second degree if the amount of pecuniary loss is $100,000 or more but less than $200,000; or

(6) a felony of the first degree if the amount of the pecuniary loss is $200,000 or more.

(f) The conduct described in Subsection (b)(2)(A) is not an offense under this section if it is undertaken by an employee of the railroad or by a representative of a labor organization which represents or is seeking to represent the employees of the railroad as long as the employee or representative has a right to engage in such conduct under the Railway Labor Act (45 U.S.C.

Section 151 et seq.).

Sec. 28.08. GRAFFITI.

(a) A person commits an offense if, without the effective consent of the owner, the person intentionally or knowingly makes markings, including inscriptions, slogans, drawings, or paintings, on the tangible property of the owner with:

(1) paint;

(2) an indelible marker; or

(3) an etching or engraving device.

(b) Except as provided by Subsection (d), an offense under this section is:

(1) a Class B misdemeanor if the amount of pecuniary loss is less than $500;

(2) a Class A misdemeanor if the amount of pecuniary loss is

$500 or more but less than $1,500;

(3) a state jail felony if the amount of pecuniary loss is $1,500 or more but less than $20,000;

(4) a felony of the third degree if the amount of pecuniary loss is $20,000 or more but less than $100,000;

(5) a felony of the second degree if the amount of pecuniary loss is $100,000 or more but less than $200,000; or

(6) a felony of the first degree if the amount of pecuniary loss is $200,000 or more.

(c) When more than one item of tangible property, belonging to one or more owners, is marked in violation of this section pursuant to one scheme or continuing course of conduct, the conduct may be considered as one offense, and the amounts of pecuniary loss to property resulting from the marking of the property may be aggregated in determining the grade of the offense.

(d) An offense under this section is a state jail felony if:

(1) the marking is made on a school, an institution of higher education, a place of worship or human burial, a public monument, or a community center that provides medical, social, or educational programs; and

(2) the amount of the pecuniary loss to real property or to tangible personal property is less than $20,000.

(e) In this section:

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(1) "Aerosol paint" means an aerosolized paint product.

(2) "Etching or engraving device" means a device that makes a delineation or impression on tangible property, regardless of the manufacturer's intended use for that device.

(3) "Indelible marker" means a device that makes a mark with a paint or ink product that is specifically formulated to be more difficult to erase, wash out, or remove than ordinary paint or ink products.

(4) "Institution of higher education" has the meaning assigned by Section 481.134

, Health and Safety Code.

(5) "School" means a private or public elementary or secondary school.

Activities

1. View and discuss videos about property crimes. To find videos do an

Internet search for the following:

Attempted burglary Alameda Surveillance Video

Idiot of the Day: Stupid Criminal

Big Red Burglary Duncanville

Pump N Pantry - Smash N Grab The ATM video

Use the Discussion Rubric for assessment.

2. Newscast activity. Divide the class into five groups. Assign each group four property crimes to cover in the newscast. Give each group five minutes to cover its crimes and create a story (skit, drawing, computerbased presentation, etc.) for each crime. Allow each group to decide the level of creativity to use. Give each group the option of an additional minute to perform its own commercials during their segment of the newscast. Use the Group Evaluation Rubric, Peer Evaluation Rubric, and

Presentation Rubric to assess the newscasts.

3. Have students complete the open-note quiz.

Assessments

Property Crimes Exam and Key

Property Crimes Quiz (Open Note) and Key

Discussion Rubric

Group Evaluation Rubric

Peer Evaluation Rubric

Presentation Rubric

Research Rubric

Materials

Property Crimes computer-based presentation

Property Crimes Newscast Activity Group Assignments

Video camera

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Internet access

Presentation materials or computer-based presentation software

Resources

Texas Penal Code: http://www.statutes.legis.state.tx.us/

Do an Internet search for the following:

Attempted burglary Alameda Surveillance Video

Idiot of the Day: Stupid Criminal

Big Red Burglary Duncanville

Pump N Pantry - Smash N Grab The ATM video

Accommodations for Learning Differences

For reinforcement, students will find articles in the newspaper or online about property crimes and determine which charge should be used and why. Use the Research Rubric for assessment.

For enrichment, students will research the financial effect property crimes have on society. Use the Research Rubric for assessment.

State Education Standards

Texas Essential Knowledge and Skills for Career and Technical Education

§130.293. Law Enforcement I (One to Two Credits)

(7) The student analyzes procedural and substantive criminal law. The student is expected to:

(A) define crime categories and respective punishments;

(B) analyze the elements of criminal acts;

(D) analyze types of criminal defenses.

College and Career Readiness Standards

II. Foundational Skills

C. Research across the curriculum

5. Synthesize and organize information effectively.

6. Design and present an effective product.

8. Present final product.

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Property Crimes Newscast Activity Group Assignments

Group 1

Arson

Burglary of Habitation

Fraudulent Removal

Credit Card Abuse

Group 2

Criminal Mischief

Theft of Service

Burglary of Building

Robbery

Group 3

Reckless Damage

Unauthorized Use of a Vehicle

Criminal Trespass

Burglary of Vehicle

Group 4

Theft – 3 different ones

Aggravated Robbery

Group 5

Graffiti

Forgery

– 2 different ones

Burglary of Coin Operated Machine

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Name: ___________________________ Date: ____________________

Property Crimes Exam

1. _____Which of the following means “any structure or enclosure intended for use or occupation as a habitation or for some purpose of trade, manufacture, ornament, or use”?

A Habitation

B Building

C Property

D Open-space land

2. _____Melissa breaks up with Thomas. Thomas has a temper and he cannot handle feelings of hurt-pride. One night Thomas breaks into

Melissa’s apartment and assaults her. Thomas could be charged with burglary.

A True

B False

3. _____Which of the following means “a structure or vehicle that is adapted for the ove rnight accommodation of persons”?

A Habitation

B Building

C Property

D Open-space land

4. _____What is the level of punishment for arson if the person starts a fire, regardless of whether the fire continues after ignition, or causes an explosion with intent to destroy or damage any vegetation, fence, or structure on open-space land; or any building, habitation, or vehicle?

A State jail felony

B Third-degree felony

C Second-degree felony

D First-degree felony

5. _____What is the level of punishment for arson if the previous question also includes bodily injury or death?

A State jail felony

B Third-degree felony

C Second-degree felony

D First-degree felony

6. _____What is the level of punishment for arson if the person recklessly starts a fire or causes an explosion while manufacturing or attempting to manufacture a controlled substance and the fire or explosion damages any building, habitation, or vehicle?

A State jail felony

B Third-degree felony

C Second-degree felony

D First-degree felony

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7. _____Philippe is fired from the gas station where he loves to work. Philippe is angry about it and returns after the gas station closes and burns it to the ground. Philippe is charged with what offense?

A First-degree felony criminal mischief

B Third-degree felony arson

C Second-degree felony arson

D First-degree felony arson

8. _____Two years later Philippe gets fired from another gas station. Philippe goes back that night and sets it on fire. Philippe doesn't know it, but the owner is still in the building.

The owner gets out of the building but suffers second-degree burns on his right arm.

What should Philippe be charged with?

A First-degree felony criminal mischief

B Third-degree felony arson

C Second-degree felony arson

D First-degree felony arson

9. _____Clayton sets his friend's mobile home on fire. Which of the following offenses should Clayton be charged with?

A First-degree felony criminal mischief

B Third-degree felony arson

C Second-degree felony arson

D First-degree felony arson

10. _____Violet has been going to the church two blocks from her house. She asks a teacher at the church a question and does no t like the teacher’s response. Violet goes home and thinks about it. The more she thinks about it the angrier she becomes. Violet goes to the church building and sets it on fire. Violet should be charged with which of the following?

A State jail felony

B Third-degree felony arson

C Second-degree felony arson

D First-degree felony arson

11. _____What is the level of punishment for criminal mischief if the amount of pecuniary loss is $50 or more but less than $500 ?

A Class C misdemeanor

B Class B misdemeanor

C Class A misdemeanor

D State jail felony

12. _____What is the level of punishment for criminal mischief if the amount of pecuniary loss is $100,000 or more but less than $200,000?

A State jail felony

B Third-degree felony

C Second-degree felony

D First Degree Felony

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13. _____Anthony goes to an art museum and sees a painting he thinks is silly. He doesn't understand how someone can become famous by creating a painting this silly. Anthony is with his girlfriend, Crystal, who enjoys the art museum. When Crystal goes to the bathroom, Anthony punches a hole through the silly painting that is valued at $500,000.

Which of the following offenses should Anthony be charged with?

A State jail felony criminal mischief

B Third-degree felony criminal mischief

C Second-degree felony criminal mischief

D First-degree felony criminal mischief

14. _____What is the punishment level for reckless damage or destruction?

A Class C misdemeanor

B Class B misdemeanor

C Class A misdemeanor

D State jail felony

15. _____Jill is buying food at a supermarket. When she is done, she takes the cart out to her car and loads the food into her car. Jill is tired from loading the food and doesn't want to return the cart, so she just pushes it out into the roadway. The cart rolls across the parking lot and hits another parked car, putting a big dent in it. It will cost the owner $250 to have the dent fixed. Which of the following offenses has Jill committed?

A Class C misdemeanor criminal mischief

B Class B misdemeanor criminal mischief

C Class A misdemeanor criminal mischief

D Reckless Damage

16. _____Felix is tired of paying huge electric bills. He decides to do something about it. He short-circuits the wires so that the energy he uses is charged to his neighbor in the apartment next-door. The damage he caused will cost $100 to repair. Felix has committed which of the following offenses?

A Class C misdemeanor criminal mischief

B Class B misdemeanor criminal mischief

C Class A misdemeanor criminal mischief

D Reckless Damage

17. _____The offense of interference with railroad property does not include throwing an object at a train or rail-mounted work equipment.

A True

B False

18. _____Jamila is a transient moving from town to town. She decides to setup a temporary camp in the property of a rail yard. What offense should Jamila be charged with?

A Class C misdemeanor interference with railroad property

B Class B misdemeanor interference with railroad property

C Class A misdemeanor interference with railroad property

D State jail felony interference with railroad property

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19. _____While wandering into a rail yard, Jamila decides to explore the property. During the course of her exploration, she damages a number of items on the property, including doors, locks, and lockers. It will cost the railroad company $200 to fix the damages.

Which of the following offenses has Jamila committed?

A Class C misdemeanor interference with railroad property

B Class B misdemeanor interference with railroad property

C Class A misdemeanor interference with railroad property

D State jail felony interference with railroad property

20. _____A person commits the offense of graffiti if without the effective consent of the owner the person intentionally or knowingly makes markings, including inscriptions, slogans, drawings, or paintings, on the tangible property of the owner with which of the following?

A Paint

B An indelible marker

C An etching or engraving device

D All of the above

21. _____Bruce is a wannabe gang member. He is desperately trying to find ways to get into his neighborhood gang. Bruce spray paints his initials on a stop sign with orange spray paint. It will cost the city $30 to fix the damage. Bruce has committed which of the following offenses?

A Class C misdemeanor graffiti

B Class B misdemeanor graffiti

C Class A misdemeanor graffiti

D State jail felony

22. _____ Bruce gets the gang’s attention and is told that he must spray paint something else before they will accept him. He spray paints his initials on the side of a memorial that is dedicated to Vietnam Vets. It will only cost the city $40 to take off the spray paint. Which of the following offenses should Bruce be charged with?

A Class C misdemeanor graffiti

B Class B misdemeanor graffiti

C Class A misdemeanor graffiti

D State jail felony

23. _____Bruce is accepted into the gang. He wants to continue to impress his fellow gang members, so he goes to the nearby high school and spray paints his initials on all of the outside doors. It will cost the school district $300 to fix. Which of the following offenses has Bruce committed?

A Class C misdemeanor graffiti

B Class B misdemeanor graffiti

C Class A misdemeanor graffiti

D State jail felony

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24. _____Ben has it out for Nguyen . One night Ben lets out all of the air in the tires of

Nguyen ’s car. It will take Nguyen some time to locate an air pump and put air back in each tire. Ben has committed which of the following offenses?

A Class C misdemeanor criminal mischief

B Class B misdemeanor criminal mischief

C Class A misdemeanor criminal mischief

D None of the above

25. _____Rafael steals some wheels from a luxury car. He tells his friend Arnella about stealing them. Arnella agrees to buy the wheels from Rafael. Arnella cannot be charged with anything since she is not the one who stole the wheels.

A True

B False

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12. C

13. D

14. A

15. D

16. C

17. B

18. A

19. B

20. D

21. B

22. D

23. D

24. A

25. B

1. B

2. A

3. A

4. C

5. D

6. A

7. C

8. D

9. D

10. D

11. B

Property Crimes Exam Key

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Name: ___________________________ Date: ____________________

Property Crimes Quiz

What is “a structure or vehicle that is adapted for the overnight accommodation of persons”?

1.

What is “any structure or enclosure intended for use or occupation as a habitation or for some purpose of trade, manufacture, ornament, or use ”?

2.

What are the locations that are included in the offense of arson?

3.

4.

5.

6.

7.

8.

What is the punishment for arson if the person recklessly starts a fire or causes an explosion while manufacturing or attempting to manufacture a controlled substance and the fire or explosion damages any building, habitation, or vehicle?

9.

What is the punishment for arson if the person recklessly starts a fire or causes an explosion but the fire or explosion results in bodily injury or death?

10.

A person commits the offense of criminal mischief if the person intentionally or knowingly makes what on the property of the owner?

11.

12.

13.

18

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14.

15.

What is the punishment for criminal mischief if the amount of pecuniary loss is $500 or more but less than $1,500?

16.

What is the punishment for reckless damage or destruction?

17.

What means

“to move, alter, or interfere with railroad property”?

18.

What is the punishment for interference with railroad property if a person enters or remains on railroad property, knowing that it is railroad property?

19.

What is the punishment for interference with railroad property if a person throws an object or discharges a firearm at a train, causing bodily injury to another?

20.

What are the items used by a person to commit the offense of graffiti?

21.

22.

23.

What is the punishment for graffiti if the amount of pecuniary loss is $100,000 or more but less than $200,000?

24.

What is the punishment for graffiti if the marking is made at a school?

25.

19

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Property Crimes Quiz Key

1. Habitation

2. Building

3. Any vegetation (on open-space land)

4. Any fence (on open-space land)

5. Any structure (on open-space land)

6. Building

7. Habitation

8. Vehicle

9. State jail felony

10. First-degree felony

11. Markings (on the tangible property of the owner)

12. Inscriptions (on the tangible property of the owner)

13. Slogans (on the tangible property of the owner)

14. Drawings (on the tangible property of the owner)

15. Paintings (on the tangible property of the owner)

16. Class A misdemeanor

17. Class C misdemeanor

18. Tamper

19. Class C misdemeanor

20. Third-degree felony

21. Paint

22. An indelible marker

23. An etching or engraving device

24. Second-degree felony

25. State jail felony

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20

Name_______________________________________ Date_______________________________

Objectives

Participates in group discussion

4 pts.

Excellent

Discussion Rubric

3 pts.

Good

2 pts. Needs Some

Improvement

1 pt. Needs Much

Improvement

N/A Pts.

Encourages others to join the conversation

Keeps the discussion progressing to achieve goals

Shares thoughts actively while offering helpful recommendations to others

Gives credit to others for their ideas

Respects the opinions of others

Involves others by asking questions or requesting input

Expresses thoughts and ideas clearly and effectively

Total Points (32 pts.)

Comments:

21

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Name_______________________________ Date________________

Group Evaluation

Group 1

Did the group take the assignment seriously?

No

1 2 3 4 5 6 7 8

Could you tell what the group was trying to portray?

No

1 2 3 4 5 6 7 8

9

9

Yes

10

Yes

10

Was the group portrayal creative?

No

1 2 3 4 5 6 7

Did the group include the correct elements?

No

1 2 3 4 5 6 7

8

8

9

9

Yes

10

Yes

10

Would you like to see this group demonstrate their talent for you in the future?

No Yes

1 2 3 4 5 6 7 8 9 10

Total Score_______

Group 2

Did the group take the assignment seriously?

No

1 2 3 4 5 6 7 8

Could you tell what the group was trying to portray?

No

1 2 3 4 5 6 7 8

Was the group portrayal creative?

No

1 2 3 4 5 6 7 8

9

9

9

Yes

10

Yes

10

Yes

10

Did the group include the correct elements?

No

1 2 3 4 5 6 7 8 9

Yes

10

Would you like to see this group demonstrate their talent for you in the future?

No

1 2 3 4 5 6 7 8 9

Yes

10

Total Score_______

22

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Group 3

Did the group take the assignment seriously?

No

1 2 3 4 5 6 7 8

Could you tell what the group was trying to portray?

No

1 2 3 4 5 6 7 8

Was the group portrayal creative?

No

1 2 3 4 5 6 7

Did the group include the correct elements?

No

1 2 3 4 5 6 7

8

8

9

9

9

9

Yes

10

Yes

10

Yes

10

Yes

10

Would you like to see this group demonstrate their talent for you in the future?

No Yes

1 2 3 4 5 6 7 8 9 10

Total Score_______

Group 4

Did the group take the assignment seriously?

No

1 2 3 4 5 6 7 8

Could you tell what the group was trying to portray?

No

1 2 3 4 5 6 7 8

9

9

Yes

10

Yes

10

Was the group portrayal creative?

No

1 2 3 4 5 6 7

Did the group include the correct elements?

8 9

Yes

10

No

1 2 3 4 5 6 7 8 9

Yes

10

Would you like to see this group demonstrate their talent for you in the future?

No Yes

5 6 7 8 9 10 1 2 3

Total Score_______

4

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23

Group 5

Did the group take the assignment seriously?

No

1 2 3 4 5 6 7 8

Could you tell what the group was trying to portray?

No

1 2 3 4 5

Was the group portrayal creative?

6 7 8

No

1 2 3 4 5 6 7 8

9

9

9

Yes

10

Yes

10

Yes

10

Did the group include the correct elements?

No

1 2 3 4 5 6 7 8 9

Yes

10

Would you like to see this group demonstrate their talent for you in the future?

No

1 2 3

Total Score_______

4 5 6 7 8 9

Yes

10

Group 6

Did the group take the assignment seriously?

No

1 2 3 4 5 6 7 8

Could you tell what the group was trying to portray?

No

1 2 3 4 5 6 7 8

9

9

Yes

10

Yes

10

Was the group portrayal creative?

No

1 2 3 4 5 6 7

Did the group include the correct elements?

8 9

Yes

10

No

1 2 3 4 5 6 7 8 9

Yes

10

Would you like to see this group demonstrate their talent for you in the future?

No Yes

5 6 7 8 9 10 1 2 3

Total Score_______

4

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24

Your Name___________________________________ Your Group Number_______

Peer Evaluation

1) Name of Student ________________________________________

At what level of seriousness did they take this activity?

Not Very Serious Very Serious

0 1 2 3 4

Did they make a significant contribution to the brainstorming process?

No Yes

0 1 2 3 4

Did they make a significant contribution to preparing for the skit?

No

0 1 2 3

Yes

4

What was the level of their participation in the skit(s)?

None A Lot

0 1 2 3 4

Would you want to work with this person in a group again based on their level of productivity?

No

0 1

Total Score_______

2 3

Yes

4

2) Name of Student ________________________________________

At what level of seriousness did they take this activity?

Not Very Serious Very Serious

0 1 2 3 4

Did they make a significant contribution to the brainstorming process?

No Yes

0 1 2 3 4

Did they make a significant contribution to preparing for the skit?

No

0 1 2 3

Yes

4

What was the level of their participation in the skit(s)?

None A Lot

0 1 2 3 4

Would you want to work with this person in a group again based on their level of productivity?

No

0 1

Total Score_______

2 3

Yes

4

25

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3) Name of Student ________________________________________

At what level of seriousness did they take this activity?

Not Very Serious

0 1 2 3

Very Serious

4

Did they make a significant contribution to the brainstorming process?

No

0 1 2 3

Yes

4

Did they make a significant contribution to preparing for the skit?

No Yes

0 1 2 3

What was the level of their participation in the skit(s)?

4

None

0 1 2 3

A Lot

4

Would you want to work with this person in a group again based on their level of productivity?

No

0 1 2 3

Yes

4

Total Score_______

4) Name of Student ________________________________________

At what level of seriousness did they take this activity?

Not Very Serious

0 1 2 3

Very Serious

4

Did they make a significant contribution to the brainstorming process?

No Yes

0 1 2 3 4

Did they make a significant contribution to preparing for the skit?

No

0 1 2 3

Yes

4

What was the level of their participation in the skit(s)?

None A Lot

0 1 2 3 4

Would you want to work with this person in a group again based on their level of productivity?

No

0 1

Total Score_______

2 3

Yes

4

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26

5) Name of Student ________________________________________

At what level of seriousness did they take this activity?

Not Very Serious

0 1 2 3

Very Serious

4

Did they make a significant contribution to the brainstorming process?

No

0 1 2 3

Yes

4

Did they make a significant contribution to preparing for the skit?

No Yes

0 1 2 3

What was the level of their participation in the skit(s)?

4

None

0 1 2 3

A Lot

4

Would you want to work with this person in a group again based on their level of productivity?

No

0 1 2 3

Yes

4

Total Score_______

6) Name of Student ________________________________________

At what level of seriousness did they take this activity?

Not Very Serious

0 1 2 3

Very Serious

4

Did they make a significant contribution to the brainstorming process?

No Yes

0 1 2 3 4

Did they make a significant contribution to preparing for the skit?

No

0 1 2 3

Yes

4

What was the level of their participation in the skit(s)?

None A Lot

0 1 2 3 4

Would you want to work with this person in a group again based on their level of productivity?

No

0 1

Total Score_______

2 3

Yes

4

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27

Name:____________________________________ Date:_____________________________

Presentation Rubric

Objectives

4 pts.

Excellent

3 pts.

Good

2 pts. Needs Some

Improvement

1 pt. Needs Much

Improvement

N/A Pts.

Topic/Content

Topic discussed completely and in-depth

Includes properly cited sources (if used)

Creativity/Neatness

Integrates a variety of multimedia effects to create a professional presentation

(transition and graphics) or appropriate visual aid used

Title slide, table of contents, bibliography are included, using acceptable format

Mechanics

Grammar, spelling, punctuation, and capitalization are correct

Image and font size are legible to the entire audience

Oral Presentation

Communicates with enthusiasm and eye contact

Voice delivery and projection are dynamic and audible

Audience Interaction

 Presentation holds audience’s attention and relates a clear message

Clearly and effectively communicates the content throughout the presentation

Total Points (20 pts.)

Comments:

28

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Name______________________________________

Objectives

Question/goal

Student identified and communicated a question or goal of the research

Research/Gathering information (if relevant)

Student used a variety of methods and sources to gather information. Student took notes while gathering information

Conclusion/Summary

Student drew insightful conclusions and observations from the information gathered.

Information is organized in a logical manner

Communication

Student communicated the information gathered and summary or conclusions persuasively.

Student demonstrated skill in the use of media used to communicate the results of research

Date_______________________________________

4 pts.

Excellent

Research Rubric

3 pts.

Good

2 pts. Needs Some

Improvement

1 pt. Needs Much

Improvement N/A Pts.

Reflection

Student reflected on the importance of the research and its potential application

Total Points (20 pts.)

Comments:

29

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