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NC Criminal Law Specialist study materials
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NC Criminal Law Specialist practice questions

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Question 1Criminal Law

Under North Carolina law, a person who aids and abets the commission of a felony but is not present at the scene may be convicted as a principal if the State proves which of the following?

  1. The person received a share of the proceeds after the felony was completed
  2. The person had prior knowledge of the felony and failed to notify law enforcement
  3. The person counseled, procured, commanded, or encouraged the felony and the felony was committed Correct answer.
  4. The person was a close family member of the principal offender

Explanation

North Carolina treats aiders and abettors as principals when they counsel, procure, command, or encourage the commission of the offense and the offense is committed. Mere knowledge, silence, or after-the-fact benefit does not establish accomplice liability. The State must show the defendant's encouragement or assistance actually contributed to the crime.

Question 2Criminal Law

A defendant is charged with first-degree murder under the felony murder rule. Which underlying felony will support the charge under North Carolina law?

  1. Common law robbery
  2. Felonious assault on the victim
  3. Felonious breaking and entering Correct answer.
  4. Sale of a controlled substance

Explanation

North Carolina limits felony murder to specifically enumerated felonies, including burglary, arson, kidnapping, and felonious breaking and entering. Assault on the victim merges with the homicide, and drug offenses generally are not enumerated. Robbery is a separate listed felony for some purposes, but felonious breaking and entering is the clearest enumerated predicate here.

Question 3Criminal Law

In North Carolina, a defendant who uses a firearm during the commission of a felony and thereby causes serious bodily injury faces which enhancement?

  1. A mandatory minimum of five years added to the sentence
  2. A Class A felony enhancement
  3. An automatic life sentence without parole
  4. A separate firearm enhancement under the structured sentencing statutes Correct answer.

Explanation

North Carolina provides firearm enhancements that increase the offense class and sentence when a firearm is used and serious bodily injury results. These enhancements are applied through the structured sentencing statutes rather than creating a new Class A offense. The court must find the statutory aggravating facts before imposing the enhanced term.

Question 4Criminal Law

A homeowner shoots an intruder who is fleeing through the front yard after a completed breaking and entering. Which defense is most clearly unavailable to the homeowner under North Carolina law?

  1. Defense of others
  2. Defense of personal property
  3. Self-defense
  4. Defense of habitation Correct answer.

Explanation

The defense of habitation authorizes force to prevent an intruder from entering or to expel one who has unlawfully entered, but it does not extend to shooting a person who has already left the dwelling. Self-defense and defense of others require a reasonable belief in imminent unlawful force, which is absent once the intruder is fleeing. Defense of property allows limited force to protect property but never deadly force against a mere trespasser.

Question 5Criminal Law

Which mental state must the State prove for a conviction of first-degree burglary in North Carolina?

  1. Intent to commit any misdemeanor after entry
  2. Intent to commit a felony or larceny therein at the time of breaking and entering Correct answer.
  3. Negligent entry into a dwelling at night
  4. Reckless disregard for the safety of occupants

Explanation

First-degree burglary requires a breaking and entering of a dwelling during the nighttime with the intent to commit a felony or larceny inside. The intent must exist at the moment of entry. Recklessness or negligence will not substitute for the specific intent element.

Question 6Criminal Law

A defendant is convicted of larceny of goods worth $1,200. Under North Carolina's structured sentencing, how is the offense classified?

  1. A Class 1 felony
  2. A Class H felony Correct answer.
  3. A Class 1 misdemeanor
  4. An infraction

Explanation

North Carolina grades larceny by value; larceny of property exceeding $1,000 is a Class H felony. Misdemeanor larceny applies to lower-value property. Infractions carry no imprisonment and are reserved for minor regulatory violations.

Question 7Criminal Law

Which statement correctly describes the mens rea for common law robbery in North Carolina?

  1. The taking requires a deadly weapon and intent to kill
  2. The taking may be accomplished by stealth without the victim's awareness
  3. The taking requires breaking and entering a dwelling
  4. The taking must be accomplished by force or intimidation with intent to permanently deprive Correct answer.

Explanation

Common law robbery requires a felonious taking of property from the person or presence of another by force or intimidation, with intent to permanently deprive. Stealth taking is larceny, not robbery. A deadly weapon elevates the offense to armed robbery but is not required for common law robbery.

Question 8Criminal Law

A defendant is charged with embezzlement. Which element distinguishes embezzlement from larceny under North Carolina law?

  1. The property must be taken by force
  2. The property must be lawfully in the defendant's possession before conversion Correct answer.
  3. The property must be taken from the person of another
  4. The property must be worth more than $1,000

Explanation

Embezzlement requires that the defendant lawfully possessed the property, typically by entrustment, and then converted it. Larceny involves a trespassory taking without lawful possession. Force and value thresholds are not distinguishing elements between the two offenses.

Question 9Criminal Law

Under North Carolina law, which fact is sufficient to establish the asportation element of kidnapping?

  1. Confinement of the victim during the underlying felony
  2. Threatening the victim during the underlying felony
  3. Any movement of the victim, however slight
  4. Movement of the victim that is separate from the force used to commit the underlying felony Correct answer.

Explanation

North Carolina requires that the asportation be separate and independent from the force inherent in the underlying felony to avoid merger. Slight movement alone is insufficient if it is merely incidental to the other crime. Confinement or threats during the underlying offense likewise do not independently establish kidnapping.

Question 10Criminal Law

Which of the following is an element of first-degree sexual offense in North Carolina?

  1. Exposing oneself in a public place
  2. Committing a sexual act with a person under the age of 16 by a person at least six years older
  3. Engaging in a sexual act by force and against the will of another person Correct answer.
  4. Engaging in consensual sexual intercourse between adults

Explanation

First-degree sexual offense requires a sexual act by force and against the will of the other person, or with a person who is mentally disabled or physically helpless. Consensual conduct between adults is not an offense. Statutory sexual offense with a minor is a separate grading depending on ages.

Question 11Criminal Law

A driver is charged with impaired driving. The State offers a chemical test result showing a blood alcohol concentration of 0.09. Under North Carolina law, what does this result establish?

  1. No evidentiary value without a field sobriety test
  2. Only a basis for a civil penalty
  3. An inference of impairment that the defendant may rebut Correct answer.
  4. A conclusive presumption of impairment

Explanation

A blood alcohol concentration of 0.08 or higher creates a permissive inference of impairment that the defendant may rebut with other evidence. It is not a conclusive presumption. The State may also prove impairment through other evidence such as driving conduct and field sobriety tests.

Question 12Criminal Law

Under North Carolina law, a person commits the offense of cyberstalking by doing which of the following?

  1. Sending a single unwanted email
  2. Posting a negative review of a business online
  3. Using electronic communication to threaten or harass another person with the intent to cause substantial emotional distress Correct answer.
  4. Forwarding a news article to a friend

Explanation

Cyberstalking requires using electronic communication to threaten or harass another person with the intent to cause substantial emotional distress or with knowledge that it will do so. Isolated or benign communications do not meet the statutory threshold. The offense targets a course of conduct or a single communication intended to produce serious distress.

Question 13Criminal Law

Which statement correctly describes North Carolina's approach to the insanity defense?

  1. A defendant is not guilty by reason of insanity if a mental disease or defect prevented the defendant from knowing the nature and quality of the act or from knowing it was wrong Correct answer.
  2. The defense requires proof that the defendant acted under irresistible impulse
  3. A defendant is not guilty by reason of insanity whenever a mental illness contributed to the offense
  4. North Carolina has abolished the insanity defense

Explanation

North Carolina applies the M'Naghten test, excusing a defendant whose mental disease or defect prevented knowledge of the nature and quality of the act or knowledge that the act was wrong. A mere contributing mental illness is insufficient. The irresistible impulse test is not the governing standard.

Question 14Criminal Law

A defendant is charged with assault with a deadly weapon inflicting serious injury. Which fact pattern best supports the 'serious injury' element?

  1. A temporary red mark from a slap
  2. A wound requiring emergency surgery and a hospital stay Correct answer.
  3. A minor bruise that resolves without treatment
  4. A scratch that does not break the skin

Explanation

Serious injury is generally defined as injury that causes great pain and suffering or creates a permanent or protracted condition. Injuries requiring surgery and hospitalization readily satisfy that standard. Minor bruises, scratches, and transient marks do not.

Question 15Criminal Law

Which of the following is required for a conviction of felonious possession of a firearm by a convicted felon in North Carolina?

  1. The defendant must have used the firearm in a violent crime
  2. The defendant must have purchased the firearm from a licensed dealer
  3. The defendant must have been previously convicted of a firearm offense
  4. The defendant must have been convicted of a felony and knowingly possessed a firearm Correct answer.

Explanation

The offense requires proof of a prior felony conviction and knowing possession of a firearm. Use in a violent crime is not an element. The source of the firearm and the nature of the prior conviction are not required elements.

Question 16Criminal Law

A defendant is charged with trafficking in cocaine. Under North Carolina law, which fact triggers the trafficking threshold?

  1. Possession of any amount with intent to sell
  2. Sale of a single dose to an undercover officer
  3. Possession of 28 grams or more of cocaine Correct answer.
  4. Transportation of cocaine across county lines

Explanation

North Carolina establishes trafficking thresholds by weight; for cocaine the threshold is 28 grams or more. Sale of small amounts and transportation alone do not trigger trafficking. The weight-based scheme imposes graduated penalties as quantity increases.

Question 17Criminal Law

Which statement best describes the effect of a defendant's voluntary intoxication on criminal liability in North Carolina?

  1. It may negate the specific intent required for a crime but does not excuse general intent crimes Correct answer.
  2. It is a complete defense to all crimes
  3. It automatically reduces a felony to a misdemeanor
  4. It is never relevant to culpability

Explanation

Voluntary intoxication may negate the specific intent element of a crime, such as premeditation in first-degree murder, but it does not excuse general intent offenses. It is not a complete defense and does not automatically reduce offenses. The defendant bears the burden of producing evidence to support the defense.

Question 18Criminal Law

Under North Carolina law, which statement correctly describes the 'year and a day' rule as applied to homicide?

  1. A death within a year and a day is required for any assault charge
  2. The rule was abolished and has no application
  3. A death occurring more than a year and a day after the injury cannot support a homicide conviction Correct answer.
  4. The rule applies only to vehicular homicide

Explanation

The year and a day rule limits homicide liability to deaths occurring within a year and a day of the injurious act. North Carolina has addressed the rule by statute, but the traditional common law principle remains the framework for analysis. It does not govern assault charges or apply only to vehicular homicide.

Question 19Criminal Law

A defendant is charged with obtaining property by false pretenses. Which element must the State prove?

  1. The defendant made a false representation of a past or existing fact with intent to defraud and the victim relied on it Correct answer.
  2. The defendant took property by force from the victim
  3. The defendant converted property lawfully entrusted to the defendant
  4. The defendant broke into a dwelling at night

Explanation

False pretenses requires a false representation of a past or existing fact, made with intent to defraud, that deceives the victim and induces the transfer of property. Force is an element of robbery, and lawful entrustment followed by conversion is embezzlement. Breaking and entering relates to burglary.

Question 20Criminal Law

Which statement correctly describes North Carolina's treatment of the defense of entrapment?

  1. Entrapment occurs when the idea for the crime originates with law enforcement and the defendant was not predisposed to commit it Correct answer.
  2. Entrapment occurs whenever an undercover officer offers to buy drugs
  3. Entrapment is available only in felony cases
  4. Entrapment requires proof that the officer used threats of violence

Explanation

The entrapment defense focuses on whether the criminal design originated with law enforcement and induced a person not predisposed to commit the offense. A mere opportunity to commit a crime is not entrapment. The defense is available in misdemeanor and felony cases alike and does not require threats of violence.

Question 21Criminal Law

Under North Carolina law, which of the following best describes the offense of communicating threats?

  1. The defendant posts a critical comment about a coworker online
  2. The defendant sends an anonymous letter to a public official
  3. The defendant makes a statement that offends another person
  4. The defendant threatens to injure another person, the threat is communicated to that person, and it would cause a reasonable person to believe the threat would be carried out Correct answer.

Explanation

Communicating threats requires a threat to injure another person, communication of the threat to that person, and that the threat would cause a reasonable person to believe it would be carried out. Offensive statements or critical comments lack the requisite threat of injury. Anonymity alone does not establish the offense.

Question 22Criminal Law

A defendant is charged with first-degree arson. Which fact pattern satisfies the elements under North Carolina law?

  1. The defendant accidentally started a fire in a vacant warehouse
  2. The defendant burned personal property in an open field
  3. The defendant set fire to a vehicle in a parking lot
  4. The defendant intentionally burned a dwelling house that was occupied at the time Correct answer.

Explanation

First-degree arson requires the intentional burning of a dwelling house, and the dwelling must be occupied at the time of the burning. Accidental fires, burning personal property in an open field, and vehicle fires do not meet the dwelling element. The offense protects the habitation and its occupants.

Question 23Criminal Law

Which statement correctly describes the doctrine of transferred intent in North Carolina homicide prosecutions?

  1. Intent to kill transfers only to property crimes
  2. Transferred intent requires that the intended victim and actual victim be related
  3. Intent to kill one person transfers to the actual victim, supporting a murder conviction Correct answer.
  4. Transferred intent applies only when the defendant is intoxicated

Explanation

Under transferred intent, a defendant's intent to kill one person transfers to the actual victim, so the defendant may be convicted of murder even if the intended target was not harmed. The doctrine applies to crimes against persons, not only property offenses. Relationship between victims and intoxication are irrelevant to the doctrine's application.

Question 24Criminal Law

Under North Carolina law, which of the following is an element of felonious child abuse inflicting serious physical injury?

  1. The defendant must have a prior conviction for child abuse
  2. The defendant acted with malice toward the child's school
  3. The defendant must have acted in the presence of a witness
  4. The defendant is a parent, custodian, or caregiver of the child Correct answer.

Explanation

Felonious child abuse requires that the defendant be a parent, custodian, or caregiver who intentionally inflicts serious physical injury on a child. Malice toward a school, prior convictions, and the presence of witnesses are not elements. The statute targets abuse by those responsible for the child's care.

Question 25Criminal Law

A defendant is charged with felony hit and run. Which fact is most relevant to establishing the offense under North Carolina law?

  1. The defendant's vehicle had a broken taillight
  2. The defendant drove without a valid license
  3. The defendant was speeding at the time of the accident
  4. The defendant left the scene of an accident involving injury or death without providing required information Correct answer.

Explanation

Felony hit and run requires leaving the scene of an accident resulting in injury or death without stopping and providing the required identifying information. A missing license, equipment defect, or speeding may support other charges but does not establish the hit and run offense. The gravamen is the failure to remain and report.

Question 26Criminal Law

Under North Carolina law, a breaking for purposes of first-degree burglary requires which of the following?

  1. An actual physical rupture of a building's exterior wall
  2. Any use of force, however slight, to gain entry, including opening a closed but unlocked door Correct answer.
  3. Entry obtained by threat directed at an occupant inside the dwelling
  4. Entry through an opening already created by the occupant's invitation

Explanation

North Carolina treats any force used to gain entry, even the slight force needed to push open a closed but unlocked door, as a sufficient breaking. Threats, fraud, or constructive entry may satisfy other elements, but the breaking element is met by even minimal force.

Question 27Criminal Law

In North Carolina, the felony murder rule applies when a killing occurs during the commission of which of the following?

  1. A felony that is inherently dangerous to human life or committed with malice Correct answer.
  2. Any misdemeanor involving moral turpitude
  3. Any felony, regardless of whether it is independent of the killing
  4. A felony committed by an accomplice acting outside the scope of the common plan

Explanation

North Carolina limits felony murder to inherently dangerous felonies, and the felony must be independent of the homicide itself. A killing during a lesser or non-dangerous offense does not automatically elevate to felony murder.

Question 28Criminal Law

A defendant is charged with larceny by trick in North Carolina. Which fact most directly distinguishes that offense from obtaining property by false pretenses?

  1. The property taken is money rather than tangible goods
  2. The defendant used a written instrument to accomplish the taking
  3. The victim voluntarily transfers title to the property rather than mere possession
  4. The victim parts with possession but not title based on the defendant's deception Correct answer.

Explanation

Larceny by trick involves the victim surrendering possession, not title, because of the defendant's deception. False pretenses requires the victim to part with both possession and title.

Question 29Criminal Law

Under North Carolina law, a defendant who uses a firearm during the commission of a felony may face an enhanced sentence under which theory?

  1. The firearm enhancement applies only if the weapon was discharged
  2. The enhancement requires proof that the defendant owned the weapon
  3. The enhancement attaches when the firearm is used, displayed, or employed to facilitate the felony Correct answer.
  4. The enhancement applies only to violent felonies against the person

Explanation

North Carolina's firearm sentencing enhancement is triggered when a firearm is used, displayed, or otherwise employed to facilitate the underlying felony. Discharge or ownership is not required.

Question 30Criminal Law

A defendant is charged with common law forgery in North Carolina. Which element must the State prove?

  1. The instrument was recorded in a public registry
  2. The defendant obtained money as a result of the instrument
  3. The defendant uttered the instrument to a third party
  4. The instrument was falsely made or altered and was apparently capable of defrauding Correct answer.

Explanation

Forgery requires a false making or material alteration of an instrument that appears to have legal efficacy and is capable of defrauding. Uttering is a separate offense, and actual loss is not required.

Question 31Criminal Law

In North Carolina, which fact supports a conviction for felonious larceny rather than misdemeanor larceny?

  1. The taking occurred at night
  2. The property was taken from the person of another
  3. The value of the property taken exceeds the statutory threshold for the offense Correct answer.
  4. The defendant acted with the intent to permanently deprive

Explanation

North Carolina grades larceny by the value of the property taken, with felonious larceny requiring the value to exceed the statutory threshold. Intent to permanently deprive is common to both grades.

Question 32Criminal Law

A defendant is charged with robbery with a dangerous weapon in North Carolina. Which fact is essential to the offense?

  1. The taking occurred in the victim's home
  2. The victim was injured during the taking
  3. The defendant took property by force or intimidation while armed with a dangerous weapon Correct answer.
  4. The property taken exceeded a statutory value

Explanation

Robbery with a dangerous weapon requires a taking of property by force or intimidation while the defendant is armed with a dangerous weapon. The value of the property and the location are not elements.

Question 33Criminal Law

Under North Carolina law, which statement correctly describes the offense of extortion?

  1. It applies only to public officials acting under color of office
  2. It requires the use of physical force against the victim
  3. It involves obtaining property by a threat to accuse the victim of a crime or to expose a secret Correct answer.
  4. It requires that the threat be communicated in writing

Explanation

Extortion in North Carolina involves obtaining property through threats, such as a threat to accuse the victim of a crime or to expose a secret. Physical force is not required, and the threat need not be written.

Question 34Criminal Law

A defendant charged with first-degree murder in North Carolina seeks to introduce evidence of diminished capacity. Which statement best reflects its effect?

  1. It automatically requires a finding of not guilty by reason of insanity
  2. It operates as a complete defense that results in acquittal
  3. It can reduce first-degree murder to second-degree murder by negating premeditation and deliberation Correct answer.
  4. It is unavailable in North Carolina courts under any circumstance

Explanation

In North Carolina, diminished capacity evidence may negate the premeditation and deliberation required for first-degree murder, reducing the offense to second-degree murder. It is not a complete defense and does not equate to insanity.

Question 35Criminal Law

Under North Carolina law, which statement correctly describes the offense of habitual misdemeanor assault?

  1. It applies only when the prior convictions occurred in North Carolina
  2. It requires that the current assault result in serious injury
  3. It applies when a defendant commits a misdemeanor assault after two or more prior convictions for assault Correct answer.
  4. It requires three prior convictions for violent felonies

Explanation

Habitual misdemeanor assault applies when a defendant commits a misdemeanor assault after two or more prior assault convictions. Serious injury in the current offense is not required, and out-of-state convictions may count.

Question 36Criminal Law

A defendant is charged with possession of a controlled substance with intent to sell or deliver in North Carolina. Which fact is most probative of the intent element?

  1. The defendant has no prior criminal record
  2. The substance was found in the defendant's residence
  3. The quantity of the substance and the presence of packaging materials and large sums of cash Correct answer.
  4. The defendant was found in a vehicle near a school

Explanation

Intent to sell or deliver is typically proven circumstantially through the quantity of the substance, packaging materials, scales, and large amounts of cash. Location and lack of prior record are less probative of intent.

Question 37Criminal Law

Under North Carolina law, which statement correctly describes the offense of maintaining a dwelling for controlled substances?

  1. It requires that controlled substances be sold from the dwelling on at least three occasions
  2. It requires proof that the defendant owned the dwelling
  3. It applies only to commercial establishments
  4. It applies to knowingly keeping or maintaining a place used for keeping or selling controlled substances Correct answer.

Explanation

The offense applies to knowingly keeping or maintaining a dwelling, vehicle, or other place used for keeping or selling controlled substances. Ownership and commercial use are not required.

Question 38Criminal Law

A defendant is charged with first-degree kidnapping in North Carolina. Which fact is necessary to elevate the offense from second-degree kidnapping?

  1. The victim suffered serious bodily injury or was sexually assaulted Correct answer.
  2. The victim was transported across county lines
  3. The victim was a minor
  4. The defendant demanded a ransom

Explanation

First-degree kidnapping requires that the victim be seriously injured, sexually assaulted, or killed, or that the victim be ransomed. Transportation across county lines does not elevate the offense.

Question 39Criminal Law

Under North Carolina law, which statement correctly describes the offense of stalking?

  1. It involves a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety Correct answer.
  2. It applies only when the conduct occurs in person
  3. It requires that the victim obtain a protective order first
  4. It requires that the defendant make a direct threat of violence

Explanation

Stalking involves a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or suffer substantial emotional distress. A direct threat or prior protective order is not required.

Question 40Criminal Law

A defendant is charged with first-degree burglary in North Carolina. Which fact is required in addition to breaking and entering?

  1. The defendant possessed a firearm during the entry
  2. The entry occurred at night with the intent to commit a felony therein Correct answer.
  3. The dwelling was occupied at the time of entry
  4. The defendant caused property damage exceeding a statutory amount

Explanation

First-degree burglary requires a nighttime breaking and entering of a dwelling with the intent to commit a felony therein. Occupancy, possession of a firearm, and property damage are not elements of the first-degree offense.

Question 41Criminal Law

Under North Carolina law, which statement correctly describes the offense of possession of burglary tools?

  1. It requires that the defendant be found at the scene of a burglary
  2. It applies to possession of tools with the intent to commit a burglary or other felony Correct answer.
  3. It applies only to tools designed exclusively for burglary
  4. It requires that the tools be used in an actual burglary

Explanation

Possession of burglary tools requires possession of tools with the intent to use them to commit a burglary or other felony. Actual use or presence at a burglary scene is not required.

Question 42Criminal Law

A defendant is charged with felonious restraint in North Carolina. Which fact distinguishes it from kidnapping?

  1. The restraint occurred without movement or concealment of the victim Correct answer.
  2. The victim was a family member
  3. The defendant used a weapon
  4. The restraint lasted less than one hour

Explanation

Felonious restraint involves restraining a person without the removal or concealment required for kidnapping. The relationship of the parties, duration, and use of a weapon are not the distinguishing elements.

Question 43Criminal Law

Under North Carolina law, which statement correctly describes the offense of assault on a government official?

  1. It applies when a person assaults an officer while the officer is discharging or attempting to discharge official duties Correct answer.
  2. It requires that the defendant know the officer's rank
  3. It requires that the official suffer serious injury
  4. It applies only to federal officers

Explanation

Assault on a government official applies when the victim is an officer or official engaged in the discharge of official duties. Serious injury and knowledge of rank are not required.

Question 44Criminal Law

A defendant is charged with discharging a firearm into an occupied dwelling in North Carolina. Which fact is essential to the offense?

  1. The firearm was discharged from within the dwelling
  2. The defendant intended to hit an occupant
  3. The dwelling was actually occupied at the time of the discharge Correct answer.
  4. The defendant knew the dwelling was occupied

Explanation

Discharging a firearm into an occupied dwelling requires that the dwelling be occupied at the time of the discharge. Intent to hit an occupant and knowledge of occupancy are not elements.

Question 45Criminal Law

Under North Carolina law, which statement correctly describes the offense of burning personal property?

  1. It requires that the property value exceed a statutory threshold
  2. It applies to the malicious burning of personal property belonging to another Correct answer.
  3. It requires that the property be insured
  4. It applies only to vehicles

Explanation

Burning personal property requires the malicious burning of personal property belonging to another. Insurance, value thresholds, and vehicle-only limitations are not part of the offense.

Question 46Criminal Law

A defendant is charged with felonious breaking or entering in North Carolina. Which fact is required?

  1. The structure entered was a dwelling
  2. The defendant used force to enter
  3. The defendant entered with intent to commit a felony or larceny therein Correct answer.
  4. The entry occurred at night

Explanation

Felonious breaking or entering requires a breaking or entering with intent to commit a felony or larceny therein. The structure need not be a dwelling, the entry need not be at night, and force is not required.

Question 47Criminal Law

Under North Carolina law, which statement correctly describes the offense of identity theft?

  1. It requires that the victim be a North Carolina resident
  2. It applies only to information obtained from financial institutions
  3. It requires that the defendant obtain money as a result
  4. It applies to obtaining, possessing, or using identifying information of another without authorization with intent to commit a fraud or other unlawful act Correct answer.

Explanation

Identity theft covers obtaining, possessing, or using another person's identifying information without authorization with the intent to commit fraud or another unlawful act. Actual financial loss and the victim's residency are not required.

Question 48Criminal Law

A defendant is charged with common law conspiracy in North Carolina. Which fact is required?

  1. A written agreement
  2. The commission of the underlying offense
  3. An overt act in furtherance of the agreement
  4. An agreement between two or more persons to commit an unlawful act Correct answer.

Explanation

Common law conspiracy requires an agreement between two or more persons to commit an unlawful act. North Carolina does not require an overt act, and the underlying offense need not be completed.

Question 49Criminal Law

Under North Carolina law, which statement correctly describes the offense of aiding and abetting?

  1. The aider and abettor must receive a benefit from the crime
  2. The aider and abettor must share the criminal intent of the principal and assist in the commission of the offense Correct answer.
  3. The aider and abettor must be present at the scene of the crime
  4. The aider and abettor must be charged with the same offense as the principal

Explanation

Aiding and abetting requires that the defendant assist the principal while sharing the criminal intent. Presence at the scene and receipt of a benefit are not required.

Question 50Criminal Law

A defendant is charged with solicitation in North Carolina. Which fact is essential?

  1. The defendant provided material support to the solicited person
  2. The solicited person agreed to commit the crime
  3. The defendant counseled, induced, or attempted to induce another to commit a felony Correct answer.
  4. The solicited crime was completed

Explanation

Solicitation requires that the defendant counsel, induce, or attempt to induce another to commit a felony. Agreement by the solicited person and completion of the crime are not required.