Misc. Offenses
(1) A person commits unauthorized use of a motor vehicle if the person obtains or exercises control over the motor vehicle of another person without authorization of the owner and:
(a) The person does not commit a criminal offense other than a misdemeanor traffic offense except eluding a police officer as described in section 42-4-1413 in the course of obtaining control over or in the exercise of control of a motor vehicle; and
Unauthorized Use of Motor Vehicle
1. Offender knowingly
2. Sets fire to, burns, causes to be burned
3. Or, by the use of any explosive damages or destroys
3. Any property (other than a building or occupied structure) of another
4. Without the person's consent
2nd Degree Arson
1. Offender knowingly, enters unlawfully or remains unlawfully
2. A building or occupied structure
3. With intent to commit a crime therein (except trespass)
2nd Degree Burglary
A person commits the crime of third degree criminal trespass if:
Such person unlawfully enters or remains in or upon premises of another.
3rd Degree Trespass
This is the only subsection that is a felony regardless of value.
a. Offender knowingly
b. Obtained control over a thing of value
c. By taking it from the person of another
d. Without the use of force, threats or intimidation
Theft from a Person
A person commits motor vehicle theft in the third degree if the person knowingly:
(a) Obtains or exercises control over the motor vehicle of another person; and the person knows or should reasonably have known that the act was without authorization or was by threat or deception;
Agg. Motor Vehicle Theft- 3rd Degree
1. Suspect knowingly OR recklessly
2. Starts or maintains a fire or causes an explosion
3. On his/her own property or that of another
4. And by doing so places:
a. another person in danger of death or serious bodily injury, OR
b. any building or occupied structure of another in danger of damage
4th Degree Arson
1. Offender knowingly, enters unlawfully or remains unlawfully
2. A building or occupied structure
3. With intent to commit a crime therein (except trespass)
4. During the commission of the crime, assaults, menaces, armed with explosives or uses a deadly weapon
1st Degree Burglary
Unlawfully enters or remains in or upon the premises of another which are enclosed in a manner designed to exclude intruders or are fenced; Or
Knowingly and unlawfully enters or remains in or upon the common areas of a hotel, motel, condominium, or apartment building; or
Knowingly and unlawfully enters or remains in a motor vehicle of another
2nd Degree Criminal Trespass
a. Offender intended
b. To permanently deprive
c. The victim
d. Of the use or benefit
e. Of the thing of value
Theft
When does theft become a felony
$2000
1. Offender knowingly
2. Set fire to, burned or caused to be burned (this includes explosives)
3. Any building or occupied structure of another
4. Without the owner's consent
1st Degree Arson
Retailer trespass notices, commit a crime therein, think Walmart
2nd Degree Burglary
1. Offender knowingly
2. Took anything of value
3. From the person OR presence of another
4. By use of force, threats or intimidation
Robbery
knowingly obtains or exercises control over, receives, or retain the vehicle from another and:
the person knows or reasonably should have known that the act was without authorization or was by threat or deception; and the person has two prior convictions or adjudications of charges separately brought and tried for an offense involving motor vehicle theft or unauthorized use of a motor vehicle in this state, a municipality, another state, the United States, or any territory subject to the jurisdiction of the United States.
Aggravated Motor Vehicle Theft
Habitual
He or she knowingly damages the real or personal property of one or more other persons
Including property owned by the person jointly with another person
Criminal Mischief
1. The offender
2. By means of fire or explosives
3. Intentionally damaged any property
4. With the intent to defraud
3rd Degree Arson
1. Offender, with intent to commit a crime,
2. Enters or breaks into
3. A vault, safe, cash register, coin vending machine, product dispenser, money depository, safety deposit box, coin telephone, coin box, or other apparatus or equipment whether or not coin operated
3rd Degree Burglary
During the act of robbery, armed with a deadly weapon, uses force, or threatens use of force.
Aggravated Robbery
a. Offender knowingly
b. Retains the thing of value
c. For more than 72 hours
d. After the agreed upon time of return
e. In any lease or hire agreement
Theft of Rental Property
Without statutory or court-ordered authority, the person:
Removes the body or remains of any person from a grave or other place of sepulcher without the consent of the person who has the right to dispose of the remains pursuant to section 15-19-106; Or
Treats the body or remains of any person in a way that would outrage normal family sensibilities
Abuse of a Corpse
-Any person
-who knowingly violates paragraph (a) of subsection (1) of this section (previous slide)
-who knows or reasonably should know that he or she violates any applicable order, rule, or regulation lawfully issued by a governmental authority that prohibits, bans, restricts, or otherwise regulates fires during periods of extreme fire hazard and that is designed to promote the safety of persons and property, commits a class 6 felony.
Firing Woods or Prairie
1. Possesses
2. Any explosive, tool, instrument, or other article adapted, designed or commonly used to commit or facilitate the commission of an offense
3. Involving forcible entry into premises or theft by physical taking, AND
4. Intends to use the thing possessed, or knows that some person intends to use the thing possessed, in the commission of such an offense
Possession of Burglary Tools
Person knowingly and unlawfully enters or remains in a dwelling of another, Or
Person enters any motor vehicle with intent to commit a crime therein
1st Degree Criminal Trespass
Vehicle Theft
-More than 24 hours
-Alter or disguise the vehicle
-Alter or remove the VIN
-Takes it to another state
-Attaches fictitious plates
-Causes more than $1000 in damages, to include the vehicle
-Causes injury, hit and run
-Uses it in the commission of a crime
-Handicap placard owner
Aggravated Motor Vehicle Theft- 2nd Degree