Scenario 1: Robbery and Burglary

The issue in scenario one is whether Debbie committed robbery by picking and putting
several computer games in a purse without paying for them and threatening to use a gun on the
store employee when questioned. Another issue is whether she committed burglary by entering
the mall with the intention to take computer games without paying for them. The Minnesota
statute stipulates that any person who has the knowledge that they are entitled to an item and
takes ownership of that property or item from someone else and threatens to use force against the
person in charge of the one in preventing them from obtaining the property is guilty of robbery.
Under section 609.245 subdivision 2, the statute defines aggravated robbery second
degree as a person committing robbery and implying by word or action that they are in
possession of a dangerous weapon. Sub-division 2 states as follows: “Whoever, while committing
a robbery, implies, by word or act, possession of a dangerous weapon, is guilty of aggravated
robbery in second degree.” In this case, Debbie is guilty of aggravated robbery, second degree
(Minnesota Statutes 2021, section 609.245, subdivision 2). The facts align with the elements of
the statute as; Debbie was in a shopping mall in an electronics store. She was well aware that the
property and all items in the store did not belong to her. In the store, there was a storekeeper who
was in charge, and Debbie managed to put some computer games in her purse while the
storekeeper was present in the shop. She threatened the storekeeper that she had a weapon, that is
a gun and was going to use it if the storekeeper got in her way. Debbie is not guilty of burglary
as she was not prevented from entering the mall. Hence she entered the mall with consent, and
the facts in her case does not fit the elements of burglary as provided under section 609.582 of
Minnesota statute.

LAW 3

Scenario 2: Controlled substances

The issue in scenario two is whether jane is guilty of substance abuse. In Minnesota,
possession of controlled substances without prescription from a physician who is licensed is
illegal. A controlled substance is defined as a drug or chemical that its use, possession or
manufacture is controlled by the government. Minnesota classifies these controlled substances
into five schedules, and heroin is under schedule 1, which includes drugs that are not accepted or
approved for medical use and have a high potential to be abused. A person is found guilty of the
crime of substance abuse in the third degree if they are found in possession of more than three
grams of heroin. A convicted criminal of a third-degree crime of substance abuse can be charged
a fine of up to $250,000 or be imprisoned for up to 20 years, or both. In this case, Jane was found
in possession of 4 grams of heroin (Minnesota Statutes 2021, Chapter 152, Section 152.023).
Heroin is a controlled substance found under schedule 1 of Minnesota controlled substances. It
has a high potential for abuse and has not been approved for medical use. Jane is guilty of the
crime of controlled substances in third-degree and can be sentenced to up to 20 years in prison or
fined up to $250,000 or both as provided under the Minnesota statute Section 152.023.

Scenario 3: Theft

The issue in scenario three is whether Mary committed theft by checking money from the
soccer team account into her own account. In Minnesota, theft of property, services or anything
amounting to more than $500 is a felony punishable through the imprisonment of one year or
more. According to Section 609.52 of the Minnesota Statutes, theft is defined as intentionally
taking, hiding, keeping, using or transferring another person’s property or services through

LAW 4
deception. In this case, Mary obtained the money belonging to the soccer team through
deception. The team trusted her to keep the money on their behalf, but instead, she deceived the
team by transferring some of the money belonging to the team to her own account without their
knowledge. The money is more than $500; hence the crime qualifies as a felony, and Mary can
be imprisoned for one year or more for committing a felony.
Robbery differs from burglary in that it takes place when a person obtains property from
another person by use of force or by threatening to use force whereas burglary occurs when an
individual enters someone else’s premises without their permission and intentionally steals from
them. They can still be prosecuted for burglary even when nothing has been taken from the
property. Theft involves deception and does not involve use of force or threat to use force. These
two elements of use of force are essential elements in proving robbery and burglary. Under
Minnesota law, there are four degrees of burglary and robbery is classified into simple robbery or
aggravated robbery in first or second degree.

LAW 5

References

Minnesota Statutes 2021, Chapter 152, Section 152.023, Online, Accessed December 3,2021.
Minnesota Statutes 2021, section 609.245, subdivision 2, online. Accessed December 3, 2021.