Intro to Law: Crimes Against Property US Government Mrs. Lacks

Crime An act against the public good Punishments for a crime: Imprisonment Fine Probation Community service Combination of the above

Punishments for a crime Determined according to seriousness (see sheet) More serious Death Imprisonment felony Less serious Misdemeanor Fine Probation

Principles of Criminal Law: Conduct To be held criminally responsible, a defendant must be sufficiently proven to have committed (1) actus rea and have had the necessary(2) mens rea. (1) Actus Rea (“Bad Act”): the act in question Voluntary Behavior Can include failure to act Can include attempts

Principles of Criminal Law: Conduct (2) Mens Rea (“Guilty mind”): Intent Volitional (making a conscious decision) conduct Exceptions: Unintended consequences of an intentional act Transferred intent More serious harm Felony murder (degrees of murder)

Crimes Against Property

Larceny The unlawful taking, and carrying away, of the property of another with the intent to steal it In Virginia, Grand larceny: valued over $200 Petty larceny: valued under $200 Mens rea: Defendant must intend to permanently deprive the owner of the property. Actus reus: The actual taking and carrying away of the personal property of another.

Robbery The unlawful taking of property from a person’s immediate possession by force or intimidation Almost always a felony

Vandalism The willful destruction of, or damage to, property of another Sentencing depends on damage (misdemeanor or felony)

Embezzlement The unlawful taking of money by someone to whom it is entrusted Ex. Bank teller takes $ out of drawer; accountant steals from company Mens rea: Defendant must intend to fraudulently retain and permanently deprive property to which the defendant was at one time lawfully entrusted to posses. Actus reus: The actual conversion of the personal property of another to the defendant’s own use.

False Pretenses Deception; lying to another to get control of their property Mens rea: Defendant must intend to permanently deprive the owner of their property. Actus reus: The transfer of the property from the owner to the thief is brought about by a material false representation.

Theft Most states have consolidated three common law crimes and called them “theft” Larceny Embezzlement False pretences

Receiving Stolen Property Receiving stolen property is a crime that combines elements of larceny with elements of being an accessory after the fact. This crime punishes those who deal with stolen property: 1) after it has been stolen; and 2) knowing it is stolen. Mens rea: Defendant must intend to receive, conceal, possess, purchase, or transfer known stolen property. Actus reus: The actual receiving, concealing, possessing, purchasing, or transferring of the known stolen property.

Extortion The use of threats (or future threats) to obtain the property of another (can be indirect; don’t have to cause physical harm) Mens rea: specific intent to take someone’s property by means of threat Actus rea: wide range of threats by which the taking of property is accomplished

Forgery To make or change a document with the intent to fool Mens rea: Defendant must intend to use the false document to defraud. Actus reus: The actual use—whatever form that takes—of the false document to defraud.

Joyriding operating another person’s vehicle, including a car, bicycle, boat, or motorcycle, without permission from the owner differs slightly from auto theft because the perpetrator of joyriding does not generally intend on taking the vehicle permanently punishable in a court because it very often leads to personal injury and/or property damage (usually at the expense of someone else)

Cybercrimes Illegal downloading, illegal copying of software, the intentional spreading of a computer virus Identity theft: most commonly committed in US Huge costs in terms of money and time for victim Motivations for stealing identity not limited to financial motives Difficulty in apprehending

Intellectual Property Theft Intellectual property – a person’s ideas and their practical application (copyright, patents, trade marks, etc) Very costly Often unreported

Crimes Against Habitation

Burglary The crime of burglary involves the entry into the dwelling of another, or remaining inside the dwelling of another, with the intent to commit a crime. Mens rea: Defendant must intend to enter or remain in the dwelling of another, with the intent to commit a crime. Actus reus: The actual entry into, or remaining in the dwelling of another.

Arson Common law arson (original meaning): malicious and willful burning of the house or outhouse (dwelling) of another Modern arson: includes all types of buildings, vessels, vehicles Property doesn’t have to belong to another Doesn’t have to actually burn anything, just have to start it

Arson Mens rea: Defendant must intend to start a fire either in or to a structure or dwelling. There is no requirement the defendant intend to commit arson; the malicious starting of the fire—for whatever reason—is sufficient. Actus reus: The act of intentionally starting the fire—whatever the reason.

Types of Arson (1) Burning: lighting, charring, burning, or scorching of the structure or dwelling is sufficient. (2) Explosion: While not technically a fire, explosions cause just as much damage, fear, and injury as arsons. Most jurisdictions recognize arson as either starting a fire or causing an explosion.

Evidence of Arson Direct Evidence Indirect Evidence Subject is observed throwing a Molotov Cocktail through the front window of a neighbor’s home Indirect Evidence The neighbor is observed walking into the house next door with two five gallon containers of gasoline. The neighbor walks out several minutes later without the containers. Thirty minutes later the house is fully engaged in flames.

Degrees of Arson 1st Degree: burning a dwelling or occupied structure where there is danger to human life VA: 5 years to life and/or fined up to $100,000. 2nd Degree: burning unoccupied structure, vehicles, or vessels VA: Class 4 felony punishable by 2 to 10 years in prison and/or $100,000 fine.  Criminal mischief: destroying or damaging tangible property by fire, explosive, or other dangerous act (misdemeanor)

VA Laws - Arson 18.2-77Burning or destroying dwelling house, etc 18.2-78What not deemed dwelling house 18.2-79Burning or destroying meeting house, etc 18.2-80Burning or destroying any other building or structure 18.2-81Burning or destroying personal property, standing grain, etc 18.2-82Burning building or structure while in such building or structure with intent to commit felon... 18.2-83Threats to bomb or damage buildings or means of transportation; false information as to danger to s... 18.2-84Causing, inciting, etc., commission of act proscribed by { 18.2-83 18.2-85Manufacture, possession, use, etc., of fire bombs or explosive materials or devices; penaltie... 18.2-86Setting fire to woods, fences, grass, etc 18.2-87Setting woods, etc., on fire intentionally whereby another is damaged or jeopardized 18.2-87.1Setting off chemical bombs capable of producing smoke in certain public buildings 18.2-88Carelessly damaging property by fire

Criminal Trespass Entering any structure (occupied or unoccupied) without the authority to do so; no intent to commit a crime Actus rea: unlawful entering, unlawful remaining, heart of crime is unwanted presence Mens rea: knowingly enters with authority, specific intent to enter without authority