Practice RBC 2 Test (examples)

Two men argued over the final results of the football game. The first man didn't think his friend knew what he was talking about and spit at him; the spittle landed on his friend's shirt.

What crime, if any, occurred?

The first man has committed the crime of battery because he made contact even though he caused no harm. - Misd.

A woman walked into the local bar and saw her boyfriend with another woman. She went to the table and hit him on the head. He fell off his barstool, struck his head on the floor and was knocked unconscious.

What crime, if any, occurred?

battery causing/inflicting serious bodily injury. - Felony

Two men were arguing during a baseball game. One man picked up a baseball bat and swung at the other man. The second man ducked to avoid being hit on the head.

The first man only committed assault because he did not actually hit the second man. True/False

False - assault with a deadly weapon because he attempted to cause harm by using the bat as a weapon. (BGI only needs to be likely)

During a bar fight, a man stabbed another man in the arm with a knife. The first man has committed the crime of assault with a deadly weapon.

True / false

True

A young man walking in a gang area is confronted by four other young men. The four shoved him to the ground and kicked him until he was unconscious.

The officer arrested the four men for assault with a deadly weapon. Did the officer act appropriately?

Yes - The four committed assault with force likely to produce great bodily injury. (the last crime element)

A paraplegic adult required home care. The caretaker arrived every morning to dress the paraplegic and clean the apartment. The caretaker saw a wad of money in the dresser drawer. One day, after completing the daily tasks, he took the cash and left the apartment.

What crime, if any, occurred?

dependent adult abuse - he stole the money. The amount of money will determine whether the crime is a felony or misdemeanor.

As a 67-year-old woman became more senile, she became more demanding. One day she demanded repeatedly to have her hair brushed. Her daughter brushed it again and again and became increasingly frustrated. Finally, the daughter got so frustrated, after the mother asked her to brush her hair again, that she hit her mother repeatedly with the brush.

The daughter did not commit a crime. True / False

False - elder abuse because she caused her mother physical pain.

A hitchhiker was picked up by a passing driver. As he entered the car, the hitchhiker asked the driver to drop him off at a specific location. The driver agreed initially, but later drove past the specified location in spite of the hitchhiker's protests. The driver took the hitchhiker to another location against the hitchhiker's will, refused to stop, and refused to let him out of the car when he asked to leave.

Has a crime been committed?

kidnapping (felony)

because the hitchhiker's consent was withdrawn when he wanted to get out, but the driver refused.

A man wanted to date a coworker. One day in the company parking lot, he saw her next to her car which had a flat tire. The man offered to give her a ride to the gas station. When she refused, he grabbed her, shoved her into the car, locked the doors, and drove until they entered another state.

The man committed false imprisonment. true/false

False- kidnapping (felony)

During a break in courtroom proceedings, two attorneys entered an empty elevator. Without warning, the defense attorney pushed the emergency button and began to harass the prosecuting attorney about a suspected ethics violation. When the prosecutor demanded to get off the elevator, the defense attorney refused to reactivate it.

has a crime occurred?

yes = False imprisonment - maybe felony if violence, menace, fraud, or deceit was used

A man lured his ex-girlfriend into his car and then locked the doors to keep her from leaving. He would not unlock the doors until she promised to meet him for a date that weekend.

the man committed False imprisonment, Felony

true - deceit

A boy lived with his father who had legal custody, but the boy still wanted to see his mother, the man's ex-wife. The boy's father decided to allow the boy to visit with his mother and took him to the mother's apartment. When he came to pick the boy up, the mother refused to let the boy go home with his father.

What Crime, if any, did the Mother commit?

child abduction without custodial right - Felony

because she prevented the child from returning to his father, the custodial parent.

Martinez and his wife, in the process of a divorce, obtained a temporary custodial decree. The decree granted them joint custody of their 6-month-old daughter. Martinez was to have the daughter on weekends. Martinez decided to go on an extended weekend trip with his daughter and did not tell his wife. When he did not arrive with their daughter at the normal time his wife frantically called him. He told his wife that she did not need to worry and indicated he would bring their daughter back in a few days. Martinez further stated to his wife that since she had never treated him right during their marriage, he felt that she deserved to know how it felt to be mistreated.

Martinez committed the crime of child abduction without custodial right. True/False

False - child abduction with custodial right - Felony

A woman cashed a check at a liquor store for $100. As she walked away, a man approached her and demanded her handbag. She refused and clutched the handbag tightly in her arms. The man grabbed the handbag, but the woman wouldn't let go. The man pulled the handbag away from her and knocked her off balance. She fell and hit the ground, and the man ran off with the handbag.

The man used _______, making this robbery.

Force

A night watchman was sitting at his desk, when a group

of masked men entered the room and tied him to his chair. They then went down the hall and stole several pieces of computer equipment that were under his protection.

Did the men commit robbery or Burglary?

Robbery - felony

Even though the property was not taken directly from the watchman's person, it was taken in the watchman's immediate presence.

A woman was sitting in her car at a red light. The driver's side door was opened and a man pulled her from the car and drove off.

What crime was committed?

Carjacking - felony

A woman put the groceries in the back of the car. As she attempted to get into the driver's seat, a man pushed her aside, jumped into the driver's seat, and drove off.

He committed auto theft because she was not in the car yet. True/False

False - Carjacking because it was in her immediate presence

A woman discovered that her husband was having an affair with her best friend. She purchased a handgun and returned after a two-week waiting period to pick up the gun. She then drove to her friend's house and waited for her to come home from work. When the friend got out of her car, the woman shot her several times and killed her. The woman has committed the crime of murder (f).

Is it likely it will be charged as first degree murder?

yes - Premeditated and lying in wait

A teenage boy, armed with a gun, was meeting a man in the park to buy some crack. When he arrived, the seller said he didn't have the crack, but he would have it the next day. The boy was so outraged he shot the man, killing him.

This is an example of a crime of passion, therefore manslaughter. True/False

False - murder - Felony

A husband came home unexpectedly in the middle of the day. He walked into his bedroom and found his wife in bed with his best friend. The husband got his gun out of the bedroom closet and killed the man.

What crime has the husband committed?

voluntary manslaughter (heat of passion) Felony

A man was in his suburban backyard with a high-powered rifle, practicing shooting into a cardboard target. He hit the target, but the bullet continued into a neighbor's house where it hit and killed the neighbor.

The man committed voluntary manslaughter, True/false

False = involuntary manslaughter

because he didn't take into account the safety of others (i.e., gross negligence)

Leaving the house a few minutes late, a woman began driving to work. She was driving approximately 75 mph in a school zone when suddenly the car in front stopped for a school bus. The woman could not stop and plowed into the car. The car was forced into the stopped bus. The driver of the car hit by the woman was taken to a hospital where he died later that night.

what crime did she commit?

gross vehicular manslaughter - felony

An eighteen-year-old male was driving 30 miles per hour in a 25 zone. His speed prevented him from stopping when a young child ran into the street without looking. The child was killed.

Did he commit a crime? misdemeanor or felony? why?

committed vehicular manslaughter, misdemeanor

he had ordinary negligence, because his speeding did not constitute a felony and was not excessive enough to show willful and wanton disregard for safety

While a woman was waiting for the bus, her wallet containing $45 was stolen from her pocket without her knowledge. A man nearby saw the crime and stopped the thief.

Is this an example of grand theft, petty theft, or robbery?

misdemeanor grand theft

because the property was taken from someone's person and it's value did not exceed $950.

A man picked up his girlfriend in a car he had stolen. He bragged to her how easy it was to steal the car. They took turns driving the car around until it ran out of gas and then they abandoned it.

only the man can be charged with vehicle theft. true/false

false

Both are guilty of vehicle theft since they both drove the car with intent to temporarily deprive, even if the girlfriend did not take the car.

A man took a motor home that was idling in a rest area. He took it to his friend's "chop shop" where they dismantled the vehicle for its parts.

What kind of theft did the man commit?

grand theft (felony)

as he took the vehicle and his intent was permanent deprivation.

A man spent the night at a hotel. He knew that he had only enough money to buy gas to get home, so he left without paying.

What kind of theft did the man commit?

Defrauding Innkeeper

A family arrived at a campground in their motor home. The property manager offered the lot for free if the family would agree to pay for the utilities. The father agreed, even though he knew they would not have enough money to do so. After five weeks, the family drove off late one night without telling the manager and not paying the $360 bill.

Would he be arrested for felony or misdemeanor crime?

Defrauding Innkeeper - Misdemeanor (not >$950)

A house's regular occupant had been in a convalescent home for more than one year. She fully intended to return and the house was being regularly maintained in the meantime.

is the house considered inhabited?

Yes

Inhabited means currently used for dwelling purposes, but not necessarily actually occupied, at the moment of the crime

A woman knew that her boss owned several expensive coins and kept them at his home. While he was away on business, she decided to go to his apartment to steal his coin collection. She entered the apartment with the key he kept in his desk at the office. She went to the drawer where the coins were stored; however, they weren't there. She quickly left the apartment.

What crime, if any, did the woman commit?

burglary (felony) as she entered his house with the intent to commit a theft

A man entered an apartment by the window with the intent to rape the woman who lived there. As he was sneaking to the woman's bedroom, her doorbell rang. The woman answered her door and left with the person who was at the door. The suspect decided to leave and was caught by the security guard while climbing out the window.

the man is guilty only of trespassing. True/false

false - burglary (felony)

he intended to commit a felony (rape) when he entered her apartment, even though the rape was not completed.

At 3:30 a.m., a woman was seen at the rear door of a closed building in an area where a number of recent burglaries had taken place. The officers stopped their vehicle and asked her if she needed any help. She acted nervous and shifted her weight from foot to foot. In doing so, a set of lock picks fell from her pocket. When she could not credibly answer why she had the picks, the officers could arrest her for possession of burglary tools. True/false

true

An employer asked his employee to have a copy of the master key made for the new vice president. The employee changed the number of keys on the request form and kept the extra key, planning to enter his employer's office after hours and steal office equipment. The employer noticed that an additional key was billed on the receipt and confronted the employee, who admitted the deceit.

what crime did the employee commit?

possession of burglary tools (misdemeanor)

by having a key made with intent to commit a theft

An officer walked into a pawn shop while on duty. She noticed that a television had its serial number scratched off. When she asked the owner about the television, the owner admitted that he knew the numbers were altered when he purchased the television.

What crime is he guilty of?

Possessing or Receiving Personal Property with Altered Serial Numbers or Identification Marks (misdemeanor)

The owner knowingly bought and attempted to sell a television with altered serial numbers

A woman was selling computers from the back of a truck. A potential customer looked at the computers and realized that the serial numbers were missing from the monitors and computer units. He called the police who arrested the woman for knowingly selling property with altered serial numbers.

Did the officers act appropriately?

yes

A man stole $2000 in jewelry. He gave an engagement ring and a diamond necklace to his girlfriend and admitted that he had stolen them. When he was arrested, she hid the jewelry and claimed she never received them. The police obtained a search warrant and found the jewelry hidden in her apartment.

What crime has she committed?

receiving stolen property

because she concealed property known to be stolen.

A tourist was approached outside a department store by a man who offered to sell him a gold designer watch, normally priced at $3500, for $250. The tourist suspected that the watch may have been stolen because of the unusually low price, but he proceeded and bought the watch with cash.

What crime, if any, did the tourist commit?

receiving stolen property (felony)

because of the circumstances in which he bought the watch (inadequate price, not reputable seller).

An office worker changed the amount due on a bill from $150 to $1500. When the bill was paid, she kept the extra money.

The office worker committed felony theft. true/false

false - Forgery (felony)

altered the document without authorization

A man found a checkbook outside a grocery store. He went into the store and bought $130 worth of groceries. He signed the check with the name in the checkbook.

this man can be arrested for felony forgery if?

He has one or more prior convictions of forgery - super strike rule

A woman was driving through a state park. She threw her lit cigarette in the dry brush, causing a fire.

she did not commit a crime, just an accident. true/false

unlawfully causing a fire by RECKLESSLY setting fire to the state park. - felony

A man was stopped by a peace officer for speeding. The officer saw, in plain view on the rear seat of the vehicle, six glass bottles, and a separate container filled with clear, gold liquid and strips of cloth. The smell of kerosene was coming from the car. The man told the officer he was going to burn his ex-wife's house down. The man was arrested for possession of flammable material.

did the officer act appropriately?

yes - felony

Peace officers received a tip that a Neo-Nazi group member was going to set fire to a local synagogue. When the officers arrived at the man's apartment, he gave them permission to enter. They noticed a pile of oily rags on the dining room table along with pamphlets on the inferiority of Jews. When they asked him about the rags, he admitted that he was going to use them to "burn that place down."

what will he be arrested for?

possession of flammable materials (felony) with intent to burn.

One night a woman entered her ex-boyfriend's home through an open window and waited for him to come home. When he arrived, the woman began professing her undying love for him. When she refused to leave, he called law enforcement.

Has she committed a crime?

unauthorized entry of property (misdemeanor) as she did not have consent to enter his home.

A transient was looking for a place to sleep. He saw a bed in an open garage. He walked up the driveway, entered the garage through the open doorway, and fell asleep on the bed.

what form of trespassing did he commit?

unauthorized entry of property (misd) because he did not have permission of the homeowner to enter the garage.

A homeless man found a vacant apartment with a broken out window. He climbed through the window and lived there for three months until the owner found him.

What form of trespassing did he commit?

entering and occupying real property - misd

he occupied the real property without the consent of the owner

Three teenagers followed one of their teachers home. That night, the teens climbed over the teacher's fence, intending to spray paint the teacher's house. The teacher ordered them to leave, when they didn't the husband called law enforcement.

What form of trespassing did he commit?

entering land

because they entered the land with intent to injure property and did not leave when requested.

Members of a nature activist group protested the cutting down of trees that housed a rare species of bird. They chained themselves to the trees in an effort to prevent the logging after being told to leave by the loggers. The loggers called law enforcement and had the protesters arrested.

what can officers arrest them for?

trespass (entering land) - misd

because they entered private land with the intent to interfere with the business.

A man had an argument with his neighbor. The man threw turpentine on the hood of his neighbor's car and causing $900 in damage to the paint.

did he commit a felony?

vandalism - felony (>=$400 in damage)

maliciously damaging the car.

Gang members, wandering the neighborhood, spray painted their gang mark on sidewalks and walls of buildings causing $300.00 in damage.

what would officers need to arrest them for felony vandalism?

they would need to find out if any of them had two prior convictions for vandalism and had served jail time for at least one vandalism conviction.

A repossessor began backing an automobile out of a shopping center parking lot when the buyer came out and objected to the repossession.

Can the buyer object?

no = The repossession was complete because the repossessor had complete control of the vehicle before the buyer started objecting.

When does repossessor have control in public and private areas?

public: Control completed when goods are taken or when a vehicle is entered

Private: Control is complete when goods are removed, or when a vehicle is entered or connected to a tow truck

A tenant came home and realized that someone had entered her apartment. She called law enforcement. Upon questioning the landlord, the peace officer determined that the landlord was investigating a water leak and had come to the apartment, knocked and let himself in with the master key when no one answered. He found that a pipe had burst in the kitchen and caused a water leak.

Did he commit trespassing?

no = the landlord had legally entered the

apartment (for an emergency) as part of his employment.

A man sat on a park bench. When women walk past him, he openly rubbed his genitals for them to see while saying "hey check this out."

what crime, if any, did the man commit?

lewd conduct - misd

because he rubbed his genitals in an attempt to arouse while in a public place.

A woman sat at a bar during happy hour. To get attention from some of the men, she opened her blouse to expose her bare breasts and invited everyone to touch them.

The woman has not committed a crime because everyone liked it. true/false

false = lewd conduct - misd

because she was attempting to engage in sexual arousal in a public place

A man climbed into a tree and looked around using his binoculars. He looked toward a nearby building and noticed that a window opened into a bathroom. He focused on the window and saw a woman taking a shower.

He has committed the crime of invasion of privacy because he continued to look into an open window even when he realized it was a private bathroom. true/false

true - misd - reasonable expectation of privacy

A man walked by a group of women. One woman called out to him and offered to take him to a room and perform multiple sex acts for $100.

This will only be a crime if they perform the acts and exchange money for them. true/false

false - this is already prostitution because she offered sex in return for payment. - misd

A man stood inside the men's room at the local amusement park. He eyed each man as he came into the bathroom. The man would walk up to each man and stare at the man's genitals as he urinated saying, "Can I help you with that?"

What crime, if any, has the man committed?

loitering about a public toilet to engage in a lewd act by watching men go to the bathroom - misd

A man drank a bottle of alcohol while sitting in a bar. At one point he got so intoxicated he fell on the floor and couldn't get up again.

because he was in a bar, he has not committed a crime. true/false

false - public intoxication (misd)

because he was under the influence of alcohol in a public place and obstructed a public way.

A man walked around a housing complex in the middle of the day. He walked from house to house and rang doorbells to see if the residents were home. When another resident walked by he pretended to be waiting for the bus.

He has committed the crime of prowling because he was loitering on private property. true/false

true - misd

At around two in the morning, a man wandered around outside a house not in his neighborhood. He looked into several windows and stopped at one where he saw a child sleeping.

what crime was committed?

peeping (misd)

because he was looking in the windows of an occupied house that was not his own.

At 5:00 am on a Sunday morning, a man used his new gas-powered leaf blower to clean up his yard. Because the time of his use is unreasonable, the neighbor called the police.

The man committed the crime of disturbing the peace. true/false

true - misd

A group of teenagers gathered at the corner of a busy downtown intersection with a lot of pedestrian traffic. They refused to move out of the way so that other people could walk past them. The pedestrians were forced to step into the street to walk around the group.

what crime, if any, occurred?

The group has committed the crime of obstructing a public way because they prevented people from using the sidewalk. (misd)

What Is required for protestors to legally block a street off?

a permit approved by the city

A mother left her infant in an unventilated vehicle on a 90- degree day while she ran into the supermarket.

Has the mother committed a Felony?

Yes - child harm, injury, or endangerment.

likely to cause great bodily injury or death

A father left dangerous drugs in an area accessible to a child. Two officers arrested him for the crime of child harm, injury, or endangerment.

Did they act appropriately?

Yes - misd

An adult baby sitter was angry at the 7-year-old for whom she was caring. She punished him by making him stand in a closed closet knowing he was afraid of the dark.

What crime, if any, occurred?

child harm, injury, or endangerment. (misd)

An adult babysitter attempted to teach a child not to play with matches. She held a match to a child's hand until a welt was raised.

She did not commit a crime. true/false

False - corporal punishment or injury of child. (felony)

An adult female talked a 13-year-old boy into kissing her and then placed his hand on her breast.

Is this a crime, even if the boy consented?

Yes - lewd or lascivious acts with a child. (felony)

A 35-year-old woman began to rub the penis of her daughter's 15-year-old boyfriend through his pants.

Because he is older than 14, no crime has occurred. true/false

false - lewd or lascivious acts with a child. (felony)

Suspect is 10 or more years older

An adult female made sexually explicit remarks to a 17-year-old boy about his body.

She committed the crime of annoying or molesting children. True or false?

True - misd

A teacher wrote nine sexually explicit love letters to a 13-year-old student saying she loved him and dreamed about him.

What crime, if any, occurred?

annoying or molesting children - Felony or misdemeanor classification will depend on prior convictions.

An adult female was in possession of a videotape showing her 12-year-old daughter engaging in sexual intercourse.

It is the Female's own daughter, so she can have it. True/False

False - possession of child pornography. (felony)

An adult male is discovered, during a routine traffic stop, to have photographs of a young child orally copulating a man.

If the child is not naked, then this is not Possession of Child Pornography. True/false

False - the child is engaging in or simulating sexual conduct (felony)

A 25-year-old male had consensual sexual intercourse with his family's 16-year-old babysitter.

What crime, if any, occurred?

unlawful sexual intercourse.- Felony (>3yrs)

Two 16-year-olds were dating. They willingly engaged in sexual intercourse.

They have committed the crime of unlawful sexual intercourse. True/False

True - misd

A peace officer received a reliable report from a citizen that an infant was being left in an apartment unattended. The peace officer knocked on the apartment door and received no response, but he heard an infant crying. The peace officer could lawfully force entry without a warrant or consent to determine the welfare and safety of the child. True/False

True - Exigency

A peace officer walked past an apartment and heard a child screaming "Daddy stop hitting me." The officer heard sounds consistent with a person being assaulted. The officer believed the child was in immediate danger. The officer entered and contacted the male.

Did the officer act appropriately?

Yes - exigency

A man knew the victim was intoxicated by drugs or alcohol and was unable to give consent. The man had penile/vaginal intercourse with the victim.

What crime, if any, occurred?

rape (felony)

Because the victim felt physically threatened by a man she knew, she agreed to have sex with him to avoid injury, providing he used a condom.

is this rape?

yes

A man who had penile/vaginal intercourse with a woman who consented, but who then had a change of heart and revoked consent after initial penetration, committed the crime of rape, because the man did not stop when asked. true/ false

true

A man wrestled a female to the ground in a dark carport with intent to rape her. The headlights of an approaching car frightened him off before he could complete the sex act.

What crime occurred?

assault with intent to commit rape.

A man restrained a male victim and pulled his pants off while stating his intent to sodomize the victim. The victim, however, was stronger and fought the man off.

The man committed assault with intent to commit rape. true/false

false - intent to commit sodomy

rape is only penile/vaginal.

A woman who sneaked into a home and exposed herself to the occupants committed felony indecent exposure. true/false

true

A man who approached a woman in a shopping mall, exposed himself and masturbated, committed the crime of indecent exposure.

What will determine the classification of this crime?

Classification as a felony or misdemeanor will depend on prior convictions.

A man who forced a woman to kiss his genitals by threatening to kill her family members committed what crime?

oral copulation - felony

A woman who performed oral sex on a severely retarded man who was unable to understand the act did not commit a crime. true/false

false - felony

A man who penetrated a woman's vagina with the barrel of a gun against her will committed what crime?

penetration with a foreign object. - felony

A man who penetrated a victim's anus with his fingers against the will of the victim did not commit the crime of penetration with a foreign object. true/false

false

A woman who placed her hand inside a man's pants and fondled his penis without his consent committed the crime of misdemeanor sexual battery. true/false

true

A male high school student who pushed a female high school student up against a locker, reached into her blouse and fondled her breasts, committed the crime of felony sexual battery. true/false

true

A man convicted of misdemeanor sexual battery must register when?

annually within five working days of his birthday

A registrant who has moved from Sacramento to Fresno doesn't need to register until his birthday. true/false

false - register within five working days with Fresno law enforcement authorities

A registrant from Sacramento who is taking a two-week vacation in Fresno must register within five working days with Fresno law enforcement authorities. true/false

true