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

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

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

4. 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

5. 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)

6. Crimes Against Property

7. 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.

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

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

10. 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.

11. 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.

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

13. 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.

14. 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

15. 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.

16. 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)

17. 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

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

19. Crimes Against Habitation

20. 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.

21. 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

22. 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.

23. 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.

24. 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.

25. 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)

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

27. 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