Chapter 9
Criminal Law and Cyber Crime
N.B.: TYPE indicates that a question is new, modified, or unchanged, as follows.
N A question new to this edition of the Test Bank.
+ A question modified from the previous edition of the Test Bank.
= A question included in the previous edition of the Test Bank.
TRUE/FALSE QUESTIONS
B1. Most criminal liability depends on the performance of a prohibited act.
B2. The crime of theft does not require that the perpetrator know whatever is taken belonged to
another.
B3. Stealing software is not a crime.
B4. The crime of bribery occurs when the bribe is offered even if it is not accepted.
B5. The only defense to criminal liability that justifies the use of force is self-defense.
B6. Most crimes must be prosecuted within a certain number of years.
B7. There is at least one circumstance in which a person cannot refuse to testify.
B8. Under the exclusionary rule, all evidence must be included in a criminal prosecution.
B9. Any crime that requires knowledge of computer technology for its perpetration is a
computer crime.
B10. Any crime committed with a computer is a cyber crime.
B11. Because embezzlement is considered a white-collar crime, it cannot be considered a
computer crime.
B12. Many Web sites use “cookies” to collect data on those who visit their sites.
B13. In cyberspace, thieves are as subject to physical limits as they are in the “real” world.
B14. Phishing occurs when a criminal poses as a member of the rock group Phish.
B15. Fraud has occurred online only by e-mail.
B16. Identity theft occurs when a wrongdoer steals another’s form of identification.
B17. A business takes a risk by electronically storing its customers’ credit account numbers.
B18. Hackers sometimes rent their “crimeware” as a service.
B19. Jurisdiction can be a key issue in a case involving a cyber crime.
B20. Computer fraud is a state, not a federal, crime.
MULTIPLE CHOICE QUESTIONS
B1. Smitty, driving while intoxicated, causes a car accident that results in the death of Tiffany.
Smitty is arrested and charged with a felony. A felony is a crime punishable by death or
imprisonment for
a. any period of time.
b. more than one year.
c. more than six months.
d. more than ten days.
B2. Biff wrongfully takes an unopened carton from a Cold Storage Warehouse loading dock, puts
the carton in his car, and drives away. This is
a. burglary.
b. robbery.
c. larceny.
d. no crime.
B3. Desi reaches into Edna’s pocket and takes her money, without her consent and
without her immediate awareness. Unlike robbery, picking pockets does not involve
a. breaking and entering.
b. force or fear.
c. large amounts of money.
d. weapons.
B4. On the orders of their corporate employer, Della and Efron, employees of Fabulous
Fashionista, a clothing store, switch trademarks on clothing that comes into the store
to be sold to consumers. This is most likely
a. forgery.
b. larceny.
c. robbery.
d. no crime.
B5. Ludwig receives from Milo a marimba stolen from Nadine. To be criminally liable, Ludwig
must know
a. Milo.
b. Nadine.
c. the marimba is stolen.
d. what a marimba is.
B6. Val, the owner of Wild Wheels, a bicycle store, trusts Xavier to manage the store’s
daily cash flow. One night, without Val’s knowledge or consent, Xavier takes and
keeps $500 from the receipts. This is most likely
a. embezzlement.
b. larceny.
c. robbery.
d. no crime.
B7. In relation to Edie’s solicitation of investors in a nonexistent business, she is charged
with “mail fraud.” This requires, among other things,
a. claiming that an item is “in the mail” when it is not.
b. deceiving postal authorities as to the content of an item of mail.
c. depositing items in the postal system without proper postage.
d. mailing or causing someone else to mail a writing.
B8. Ilise, an employee of Pyro Displays, Inc., pays Gavin, an employee of Pyro’s competitor
Fire Worx Company, for a secret Fire Worx pricing schedule. This may be
a. an effective marketing strategy.
b. commercial bribery.
c. creative legal bookkeeping.
d. money laundering.
B9. Page points a knife at Ray’s daughter, threatening to hold her hostage and “cut” her unless
Ray takes a certain file from Skelter Supplies Corporation, his employer. Charged with theft,
Ray can successfully claim as a defense
a. insanity.
b. duress.
c. entrapment.
d. self-defense.
B10. Ethan, the president of Financial Investments, Inc. (FII), and Gina, FII’s accountant, are
charged with a crime, after the police search FII’s offices. Under the exclusionary rule
a. certain FII records are excluded from subpoena by the government.
b. certain parties to a criminal action may be excluded from a trial.
c. illegally obtained evidence must be excluded from a trial.
d. persons who have biases that would prevent them from fairly deciding the
case may be excluded from the jury.
B11. Jesse arrests Imelda on suspicion of embezzlement. According to the United States
Supreme Court in Case 9.3, Miranda v. Arizona, Imelda must be apprised of certain of
her rights
a. after any questioning.
b. at any time during questioning.
c. only in the absence of questioning.
d. prior to any questioning.
B12. Mike is arrested at a warehouse in North Industrial Park. A government prosecutor
issues a formal charge against Mike for receiving stolen property. This charge is
a. an arraignment.
b. an indictment.
c. an information.
d. an inquisition.
B13. Swinborn sells “Tyger” steroids over the Internet. He is arrested and charged with the
sale of a controlled substance. This is cyber crime, which is
a. a crime in which the letter “y” is used in the misspelling of a word.
b. a crime that occurs in the virtual community of the Internet.
c. a crime that is less real than the same crime in the physical world.
d. no crime.
B14. Omar sends Nell an e-mail ad touting software that will cloak its user in “the
anonymity of the Internet.” Nell pays Omar for the software, which is never delivered
to her. This is online
a. auction fraud.
b. puffery.
c. retail fraud.
d. frustration but not fraud.
B15. Travis sends Ursula a link to a purported e-birthday card that when clicked on
downloads software to her computer to record her keystrokes and send the data to
Travis. He uses the data to obtain her personal information and access her financial
resources. This is
a. identity theft.
b. no crime.
c. regifting.
d. Windows shopping.
B16. Posing as Sterling Bank, Roxanne e-mails Quentin, asking him to update his personal
banking information by calling a certain phone number. He makes the call and
supplies the data, which Roxanne promptly sells to Porcio. This is
a. no crime.
b. employment fraud.
c. phishing.
d. vishing.
B17. Jared uses his computer to secretly install software on thousands of personal
computers without their owners’ knowledge. The program can reproduce itself and
spread from one computer to another via any USB port. This program is
a. a hacker.
b. a bot.
c. a virus.
d. a worm.
B18. Boris programs software to prompt a computer to continually crash and reboot.
Boris’s goal is to install this program on various companies’ computer systems without
the companies’ knowledge. The program can reproduce itself, but must be attached
to a host file to travel from one computer network to another. This program is
a. a hacker.
b. a bot.
c. a virus.
d. a worm.
B19. Iggy uses his computer to break into Hye Technology Company’s computer. Iggy is
a. a hacker.
b. a bot.
c. a botnet.
d. a worm.
B20. Patricia commits an act via e-mail against Othman Finance Company, a business in
California, where the act is a cyber crime. Patricia resides in New York where the act is
not a crime. Prosecution of Patricia in California involves questions of
a. jurisdiction.
b. “maximum contacts.”
c. the immunity of Internet service providers.
d. encryption.
ESSAY QUESTIONS
B1. Kino sees a DVD player on the porch of Lulu’s house, takes the player to his home, and
tells everyone he owns it. Maya, holding a knife, forces Nick to give her his boom box,
and runs away with it. Ollie breaks into Pam’s apartment, takes a computer, and
leaves. Quico sells Randi an expensive wristwatch for a fraction of its value, admitting
that the watch is stolen property but claiming that he is not the thief. Which of these
acts are crimes, and what are the differences among them?
B2. Ron is an accountant in Standard Business Company’s accounting department. Ron’s
daughter’s college tuition is due within a week, or she cannot continue taking classes.
To meet the due date, Ron transfers funds from Standard to a fictitious bank account,
planning to repay the firm within one month. The transfer is discovered before the
firm is repaid, and Ron is arrested. What crime, or crimes, if any, has Ron committed?