Chapter 10 – Crimes Against Property

Arson The willful and malicious burning of a person’s property Intentionally burning a building to defraud the insurance company is a separate crime from arson Church Arson Prevention Act of 1996 – this act helps oversee the investigation and prosecution of arson at places of worship across the United States

Vandalism Malicious mischief, willful destruction of, or damage to, the property of another Includes breaking windows, ripping down fences, writing graffiti, and breaking off hood ornaments Can be a felony or a misdemeanor based on the extent of the damage

Larceny Unlawful taking and carrying away of the property of another person against his or her will with intent to permanently deprive the owner of it Divided into two classes: grand and petty – depends on the value of the stolen item  Grand Larceny – theft of anything of value above $1000 in NYS  Becomes a felony  Petty Larceny – theft of anything of value below $1000 in NYS  Becomes a misdemeanor Can be charged with larceny for keeping lost property or packages delivered to you by mistake Shoplifting – form of larceny – taking items from a store without paying or intending to pay for them Concealment – attempted shoplifting

Embezzlement Unlawful taking of property by someone to whom it was entrusted Examples:  Bank teller take money from the cash drawer  Stockbroker who takes money that should have been invested Many states have merged the crimes of embezzlement, larceny, and obtaining property by false pretenses into the statutory crime of theft

Robbery Unlawful taking of property from a person’s immediate possession by force or intimidation It is a crime against a person and property (2 harms)  Theft of property and actual or potential physical harm to the victim Difference between robbery and larceny is the use of force  Larceny – no force or harm  Robbery – force and/or harm Robbery is typically a felony, but many states impose stricter penalties for armed robberies

Extortion Also known as blackmail – the use of threats to obtain the property of another Generally cover threats to do future physical harm, destroy property, or injure someone’s character/reputation Example:  A person who threatens to injure you or your property unless you give him your car

Burglary Originally defined as breaking and entering the dwelling of another person during the night with intent to commit a felony Modern laws have broadened the definition to include the unauthorized entry into any structure with the intent to commit a crime, regardless of the time of day Stiffer penalties for burglaries committed at night, burglaries of inhabited dwellings, and burglaries committed with weapons

Forgery A person falsely makes or alters a writing or document with intent to defraud Uttering – offering to someone a document as genuine although it is known to be a fake Example:  Signing the name of another person to a check or another document without their permission  Changing or erasing parts of a previously signed document

Receiving Stolen Property If you receive or buy property that you know or have reason to believe is stolen (knowledge that the property is stolen may be implied by the circumstances

Unauthorized Use of a Vehicle (UUV) A person unlawfully takes a motor vehicle without the owner’s consent and only If the person intends to take the car permanently, then the crime may be larceny or auto theft Carjacking – a person uses force or intimidation to steal a car from a driver  Federal crime and is punishable by a sentence of up to life in prison

Cybercrime Also known as computer crime – describes a wide range of actions that involve computers and computer networks in criminal activities US Digital Millennium Copyright Act of 1998 – makes copying of copyrighted music illegal, with the exception of making a copy for your own use Children’s Internet Protection Act in 2000 – requires that all public schools and libraries purchase and install filtering software on all of their student-accessible computers and establish certain Internet safety policies or risk federal funding for technology Computer Fraud and Abuse Act of 1986 – provided the government with a specific law to prosecute hackers National Information Infrastructure Act of 1996 – makes it illegal to threaten to cause damage to a computer system to coerce the owner to give the perpetrator something of value USA Patriot Act of 2001 – cyber-terrorism