California First-Year Law Students' Exam (Baby Bar) — MCCriminal LawEasy
A client, a disgruntled former employee, enters his previous workplace with the intent to damage company property. He successfully disables the main server, causing significant data loss and operational disruption. Which of the following crimes has the client most likely committed?
- AMalicious Mischief (Criminal Damage)
- BLarceny
- CBurglary
- DEmbezzlement
Show answer & explanationAnswer & explanation
Correct answer: A. Malicious Mischief (Criminal Damage)
The client's actions of intentionally disabling the server and causing data loss directly align with the definition of malicious mischief, which involves the willful destruction or damage of property. Larceny and embezzlement involve taking property, and burglary involves unlawful entry with intent to commit a felony.
Why the other options are wrong
- B. Larceny involves the taking and carrying away of personal property of another with intent to permanently deprive.
- C. Burglary involves the unlawful entry into a structure with the intent to commit a felony or theft therein.
- D. Embezzlement involves the fraudulent appropriation of property entrusted to one's care.
Malicious Mischief (Criminal Damage)
The willful and malicious destruction or damage of property belonging to another.
- Requires intent to damage or destroy.
- Property must belong to another.
- Damage can be to tangible or intangible property (e.g., data).
Memory trick: Property's plight, from theft to spite.