Chapter 10 Theft and Other Crimes Involving Property This multimedia product and its contents are protected under copyright law. The following are prohibited by law: Any public performance or display, including transmission of any image over a network; Preparation of any derivative work, including the extraction, in whole or in part, of any images; Any rental, lease, or lending of the program. Copyright (c) Allyn & Bacon 2008

THEFT & OTHER PROPERTY CRIMES A key element of all theft and property crimes is the intent to permanently deprive the owner of the property in question. Look for situations where the defendant does not intend to permanently deprive the owner of property, but only to “borrow” the property. Of course, taking someone else’s property without permission raises the presumption (which is rebutable) of the intent to permanently deprive. Copyright (c) Allyn & Bacon 2008

LARCENY A crime against possession, and not ownership, of property, larceny. Property does not need to be taken and carried away from the owner, only from a rightful possessor.  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. Copyright (c) Allyn & Bacon 2008

EMBEZZLEMENT A crime against ownership, embezzlement covers those situations where the theft is of property the thief at one time was entitled to lawfully possess.  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. Copyright (c) Allyn & Bacon 2008

FALSE PRETENSES The crime of false pretenses combines the elements of both larceny and embezzlement. While the transfer of ownership in the property is given by the person in lawful control of it, the inducement to transfer the property is fraudulent.  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. Copyright (c) Allyn & Bacon 2008

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. Copyright (c) Allyn & Bacon 2008

FORGERY The crime of forgery involves false documents passed off as genuine articles. There are many ways of committing forgery, but they all share the common denominators of: 1) knowing the document is false; and 2) intending to benefit from the false document.  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. Copyright (c) Allyn & Bacon 2008

MONEY LAUNDERING The act of hiding, disguising, and legitimizing money obtained through illegal activity. Three steps are involved: 1.Placement: dirty money first enters the legitimate financial system by being deposited into the financial system (structuring deposits into financial institutions). 2.Layering: separating illicit proceeds from the source through a series of financial transactions (moving funds from one account to another). 3.Integration: illicit funds returned to legal economy and appear legitimate as a result. Copyright (c) Allyn & Bacon 2008

COUNTERFEITING While forgery deals with documents, counterfeiting involves instruments (anything other than a document). Traditionally, counterfeiting is linked to money and art. Today, however, counterfeiting has expanded to computer software, music, and luxury goods.  Mens rea: Defendant must intend to use the instrument to defraud.  Actus reus: The actual use—whatever form that takes—of the false instrument to defraud. Copyright (c) Allyn & Bacon 2008

IDENTITY THEFT America’s fastest growing crime, Identity Theft is the unauthorized use of another person’s identity to fraudulently obtain money, goods, services, to avoid the payment of debt, or to avoid criminal prosecution.  Mens rea: Defendant must intend to use another person’s identity for fraudulent purposes.  Actus reus: The actual use—whatever form that takes—of the other person’s identity for fraudulent purposes. Copyright (c) Allyn & Bacon 2008

RACKETEERING RICO (Racketeer Influenced and Corrupt Organizations) Act was introduced in 1970 to eliminate profits of organized crime to destroy the Mafia. Currently used against individuals, businesses, political interest groups, and terrorist organizations. Copyright (c) Allyn & Bacon 2008

Chapter 11 Crimes Against Habitation This multimedia product and its contents are protected under copyright law. The following are prohibited by law: Any public performance or display, including transmission of any image over a network; Preparation of any derivative work, including the extraction, in whole or in part, of any images; Any rental, lease, or lending of the program. Copyright (c) Allyn & Bacon 2008

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. Copyright (c) Allyn & Bacon 2008

BURGLARY—Types Burglars will steal from any location that offers a profit. Just as burglars steal from different locations, there are also different types of burglars.  Professional Burglars: Skilled burglars who work as professionals. Lots of planning and lucrative targets  Known Burglars: Burglars with a known criminal history who are not as skilled and successful as professionals.  Young Burglars: Offenders in the late teens and early twenties.  Juvenile Burglars: Burglars under the age of 16. They often operate under the guidance of known burglars.  Junkie Burglars: Burglars who steal to support a habit. Copyright (c) Allyn & Bacon 2008

BURGLARY—Special Issues The crime of burglary may seem pretty straight forward, but it is not without its own nuances.  Entry: Historically, a burglar must have damaged or destroyed property to acquire entry. Currently, there is no such requirement. Any type of entry (or even staying) will suffice. Finally, entry into the dwelling must be made. There is no requirement of total entry, but part of the burglar (or his tools) must enter the dwelling.  Dwelling: Currently, just about any structure will suffice for a burglary charge. There are, generally, greater penalties when a dwelling (an occupied structure) is burglarized. Legally, the question of occupation is often at the heart of a burglary trial. Copyright (c) Allyn & Bacon 2008

ARSON Arson is very similar to burglary, only instead of entry and an intent to steal, there is the burning of the structure or dwelling.  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. Copyright (c) Allyn & Bacon 2008

ARSON—Types While arson may be committed for a number of reasons, there are six generally recognized categories of arson.  Vandalism Arson: A Person uses arson to express hatred toward a particular group or culture.  Profit-motivated Arson: A person uses arson as a tool to collect from an insurance company.  Crime Concealment Arson: A person uses arson to cover-up a crime.  Sabotage Arson: A person uses arson as a means of protest.  Revenge Arson: A person uses arson to get even.  Excitement Arson: A person who commits arson only to obtain pleasure from watching the fire burn. Copyright (c) Allyn & Bacon 2008

ARSON—Special Issues Also similar to the crime of burglary, the crime of arson is not without its own nuances.  Burning: Arson does not require the specific intent to burn a structure or dwelling. Merely setting a fire—for whatever reason—is sufficient as long as the defendant understands there is a strong likelihood the burning will spread to or consume the structure or dwelling. Nor does the burning have to totally consume the structure or dwelling; charring, burning, or scorching of the structure or dwelling is sufficient.  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. Copyright (c) Allyn & Bacon 2008