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38. In most jurisdictions, a defendant who unlawfully enters a building with intent to commit a rape or arson:
can be convicted of burglary.
can be convicted of burglary only if he completed the crime he intended to commit when he entered the
building.
cannot be convicted of burglary.
can be convicted of burglary if he also stole property once inside the building.
CRLA.GAAN.18.14.07 – 14.07 Describe ways current state criminal codes modified the
common law burglary offense
39. When force is not used in the taking of property, but it is used to keep the property and to escape from the scene of the
theft:
all states follow the rule that because force wasn’t used to take the property, a robbery was not committed.
all states follow the rule that because force was used to keep the property after it was stolen, a robbery was
committed.
some state courts have ruled a robbery occurred, while others have ruled it did not occur.
the crime of extortion was committed.
CRLA.GAAN.18.14.02 – 14.02 State when robbery becomes armed or aggravated robbery
40. The bad guy unlawfully enters the victim’s house with the intent to sexually assault her, but once inside he realizes she
is not home. He leaves without committing rape and without stealing any property from the home. The bad guy:
cannot be prosecuted for any crime.
can only be prosecuted for criminal trespass.
can be prosecuted for attempted sexual assault.
can be prosecuted for burglary.
CRLA.GAAN.18.14.07 – 14.07 Describe ways current state criminal codes modified the
common law burglary offense
41. To convict a defendant of trafficking in stolen goods, the state is ordinarily required to prove all of the following
except that:
the property involved was stolen property.
the defendant refused delivery of the goods.
the defendant received, concealed, or possessed the stolen goods.
the defendant knew the property was stolen.
The Crime of Trafficking in Stolen Goods
CRLA.GAAN.18.14.07 – 14.07 Describe ways current state criminal codes modified the