Theft A person commits an offense if he intentionally 1.takes property or service 2.with intent to deprive the owner of property. By Guinn Gruber and Emily Patterson
Theft of Service A person commits theft of service if, with intent to avoid payment for service. The actor obtain the service by deception or threat; or agrees to pay but fails to pay when asked. Punishment : Class C Misdemeanor if service is less than $20 up to 1 st Degree Felony if over $200,000 Service - Labor or service EX. Telecommunication, public utility, transportation service, etc. (Sec. 31.04)
Unauthorized use of a Vehicle Definition- (Sec. 31.07) If the actor knowingly and intentionally operates another’s motorized vehicle without consent of the owner. This offense is a State jail Felony.
Organized Retail Theft Definition- (Sec. 31.16) Person commits conspiracy to steal retail merchandise from the building that presents and sells it. Punishment starts at Class B Misdemeanor if value is less than $50 through 1 st Degree felony is value is over $100,000
Elements of the offense Robbery- a person commits an offense if, in the course of committing theft (1) intentionally, knowingly, or recklessly causes bodily injury to another: or (2)intentionally or knowingly threatens or places another in fear of imminent bodily injury or death An offense under this section is a felony of the second degree
Elements of the offense (cont.) Aggravated robbery- a person commits an offense if he commits robbery and (1) causes serious bodily injury to another; or (2) uses or exhibits a deadly weapon; or (3)victim is 65+ or disabled An offense under this section is a felony of the first degree.
Lesser Included Offenses Is it possible to commit Robbery without also committing theft? No! “Robbery” is theft using intimidation or causing injury! So “theft” is a lesser included offense of “robbery.” The prosecutor will usually charge both crimes
Penal code citation Texas Constitution and Statues- Home Penal code title 7. offense against property chapter 29 robbery If the criminal were charged only with aggravated robbery, what might his defense be? What Property Crimes would you charge? Theft Robbery Aggravated Robbery
definitions CHAPTER 30. BURGLARY AND CRIMINAL TRESPASS Sec. 30.01. DEFINITIONS. In this chapter: (1) "Habitation" means a structure or vehicle that is adapted for the overnight accommodation of persons, and includes: (2) "Building" means any enclosed structure (3) "Vehicle" includes any device by which any person or property may be propelled in the normal course of transportation
Name of crime BURGLARY. (a) A person commits an offense if, without the effective consent of the owner, the person: enters or hides in a habitation, or a building not then open to the public, with intent to commit a felony, theft, or an assault; or enters a building or habitation and commits a felony, theft, or an assault. "enter" means to insert any part of the body or any object an offense under this section is a: (1) state jail felony if committed in a building other than a habitation; or (2) felony of the second degree if committed in a habitation. (3) a felony of the first degree if: (a) the premises are a habitation and (b)a the felony is other than felony theft
CRIMINAL TRESPASS. (a) A person commits an offense if the person enters or remains on or in property of another, without effective consent and the person: (1) had notice that the entry was forbidden; or (2) received notice to depart but failed to do so.
An offense under this section is (1) a Class B misdemeanor (2) a Class C misdemeanor if: (A)on agricultural land or (B) within 100 feet of the boundary of the land on residential land or (C)within 100 feet of a protected freshwater area; and (3) a Class A misdemeanor if: (A) the offense is committed in a habitation or in a critical infrastructure facility [Electrical plant, water plant, etc]; or (B) the person carries a deadly weapon during the commission of the offense.
Elements of the Offense A person commits an offense if he knowingly or recklessly misapplies property he holds as a fiduciary and causes a loss to the owner. o Fiduciary: A person who is trusted to manage and protect someone else’s money or property. Example: An employee stealing from a business A courier carelessly loosing his a box of diamonds
Types of Embezzlement Siphoning – criminal stealing directly from the cash register Check Kiting – Depositing worthless checks to cove other worthless checks Kickbacks – another company pays the criminal to buy merchandise from only that vendor Overtime – criminal commits embezzlement through the falsification of overtime records
Punishment range From Class C misdemeanor if the value of the property is less than $20 to 1 st degree Felony if the value of the property is $200,000 or more.
Fraud By Caroline Lee, April Abadie, and Sarah Kolanowski
Credit Card or Debit Card Abuse Penal Code: Sec. 32.31 An actor uses a card that they do not have permission to use OR a card that is invalid. This is a state jail felony.
False Statement to Obtain Property or Credit Penal Code: Sec. 32.32 An actor makes a false written statement to obtain property or credit for himself or another. This is a class A misdemeanor.
Bad Checks Issuance of a Bad Check (Sec. 32.41): The actor issues a check AND knows it won’t clear. The actor knows the check will not clear if they fail to pay within 10 days of being notified of the bank’s refusal. This crime is a Class C Misdemeanor. If the check is for child support, it is a Class B Misdemeanor. Check By Theft (Sec. 31.06): The only difference between Issuance of a Bad Check and Theft by Check is the intent: for theft, the actor must have intent to steal property. Check by theft is a Class C Misdemeanor if the value is less than $20. If it exceeds $20, it is a Class B Misdemeanor.
False Advertisement Deceptive Business Practice The actor lies about something that they are selling Example: An ad says a store is selling brand-new shoes, when the shoes are NOT new. It is a Class C Misdemeanor under certain crimes, if the actor has criminal negligence and has no prior criminal history of false advertisement. Otherwise, it is a Class A Misdemeanor. Name: (Sec. 32.42)
Whoever, fraudulently makes or passes any falsely made or altered bank notes shall be fined no more than $5,000 or imprisoned not more than 20 years, or both. This is a felony under federal law, so federal penalties apply. Title 18, Section 472 of the United States Code Uttering counterfeit obligations or securities
Whoever fraudulently alters any of U.S. or foreign which are in actual as money shall be fined no more than $100 or imprisoned not more than 6 months, or both. This is a misdemeanor under Federal Law. Title 18, Section 333 of the United States Code Mutilation, diminution, and falsification of coins
A person commits an offense if the person a)intentionally makes, sells or possesses with intent to sell, b)a product that he knows or should know bears a counterfeit mark. Punishment Range Min: Class C. if item value is less than $20 Max: 1 st Degree Felony if item is valued more than $200,000. Texas Penal Code Section 32.23 Counterfeit Product
Whoever mutilates any bank bill with intent to render it unfit to be used, shall be fined no more than $100 or imprisoned not more than six months, or both. Title 18, Section 333 of the United States Code Mutilation of national bank obligations
Elements of the Crime A person commits an offense if he forges a “writing” with intent to defraud another.
Relevant definitions: Forgery “Forge” means to claim: I.To be act of another who did not authorize act. II.To have been executed at a time or place or in a numbered sequence other was in fact the case. (Backdating) III.To be a copy of an original when no such original existed.
Elements of the offense Things that can be forged: I.Printing or any other method of recording information. II.Money, coins, tokens, stamps, seals, credit cards, badges, or trademarks. III. Symbols of value, Rights, privileges, or identification, and etc.
Punishment Category This crime is classified as a Class A Misdemeanor or State Jail Felony if it is a will or commercial instrument (check, credit card, contract).
Penal code citation This article is classified as section 32.21 in Chapter 32: Fraud.
Computer Crimes By: Duyen Son & Devanih Castillo
What is computer crimes? Computer crime refers to any crime that involves a computer and a network. (The computer may have been used in the commission of a crime, or it may be the target.)
Basic offense: A person knowingly intends to access a computer system without the effective consent of the owner. Class B Misdemeanor: 180 days in jail and/or a fine of $2,000 If the actor knowingly obtains a benefit or harms another or harms property, the punishment goes up. Definition: aggregate: total of something (add up) Breach of computer security
Punishment Category Class A Misdemeanor: damage is less than $1,500; State jail felony: less than $20,000 3rd degree felony: less than $100,000 2nd degree felony: less than $200,000 or if the computer system is owned by the government or a critical infrastructure facility 1st degree felony: $200,000 or more felony punishment depends on if aggravated amount involved. aggregate: total of something (add up), so all the damage done, not just to one victim.
A person who is 17 years or older commits an offense if, A) with the intent to arouse sexual interest in any person communicates over the Internet in a sexually explicit manner with a minor, including sending explicit pics (State jail felony) or B) invites the minor to meet for sex (3 rd degree felony) Minor: a person who is younger than 17 years of age Punishment Enhancement 2nd degree felony if the minor is younger than 14 or the perv thinks so Defenses to being a perv: Perv is not more than 3 years older & minor consented or They are married (still a perv) Online solicitation of a minor
Name of Crime Buying, Receiving, and Possessing Stolen Property By: Celine Sorto, Stephanie Perez and Carolyn Noyola
Elements of the offense MONEY LAUNDERING. (a) A person commits an offense if the person knowingly:(1) maintains an interest in, conceals, possesses, transfers, or transports the proceeds;(2) conducts, supervises, or facilitates a transaction involving the proceeds of a felony;(3) invests, expends, receives, or offers to invest, expend, or receive, the proceeds of a felony or funds that the person believes are the proceeds of a felony; or(4) finances, invests or intends to finance or invest funds that the person believes are intended to further the commission of a felony. Texas penal code: Sections 34.01 & 34.02
Relevant Definitions o "Proceeds" means funds acquired or derived directly or indirectly from, produced through, or realized through: (A) an act; or (B) conduct that constitutes an offense o "Funds" includes:(A) coin or paper money of the United States or any other country (B) an official foreign bank note that is customarily used and accepted as a medium of exchange in a foreign country (C) currency or its equivalent, including an electronic fund, personal check, bank check, traveler's check, money order, bearer negotiable instrument, bearer investment security, bearer security, or certificate of stock in a form that allows title to pass on delivery.
Punishment Category Can range from a state jail felony if the value of the funds is $1,500 or more but less than $20,000; to a felony of the first degree if the value of the funds is $200,000 or more.
Criminal Mischief A person commits an offense, without consent from owner. The actor intentionally destroys and/or damages the tangible property of the owner or causes substantial inconvenience/hassle to owner. The offense ranges from class B misdemeanor to a 1 st degree felony. Min: Less than $500 Max: $200,000+
Vandalism An actor commits an offense by damaging property(by marking, painting, tagging, etc.) without effective consent from the owner. The offense ranges from class c misdemeanor to a 1st degree felony. Min: Less than $50 Max: $200,000+
Arson An Actor commits an offense by starting a fire, or causes an explosion with the intent to destroy or damage: -Vehicles -Buildings -Habitations
Arson punishment State Jail Felony: recklessly commits an offense by starting a fire/explosion, causes damage to property. 3 rd Degree Felony: (State Jail Felony and…) causes serious bodily injury/death 2 nd Degree Felony: intentionally commits an offense by starting a fire/explosion, causes damage to property. 1 st Degree Felony: (Same as 2 nd and…) proven that either the habitation or person was intended to be harmed/ damaged.
"Telecommunications" means sending or receiving any type of signal over a communication system(computers, telephones, router).
(A) A person commits an offense if the person manufactures, possesses, delivers, offers to deliver, or advertises: a fake device Hiding origin of signal Stealing cable or any telecommunications service An offense under this section is a 3 rd degree felony. It is a defense if the person was an employee of a service provider to gather information for a law enforcement investigation.
A person commits an offense if the person knowingly uses or attempts to use a telecommunications service to avoid or cause another person to not pay the service company by using: a telecommunications access device or consent of the lawful holder of the device to use the service for an exchange of value An offense under this section is: a Class B misdemeanor if the value less than $500 a 1 st degree felony if the value is $200,000 or more
Elements of the offense: A person knowingly accesses a computerized voting system and alters the vote count. Punishment of category 1st degree felony: 5 to 99 years in prison and/or a fine of $10,000
Elements of the offense A person commits an offense if he 1.uses the name of another to 2.create a web page or send messages 3.without obtaining the other person's consent and 4.with the intent to harm another (3rd degree felony) Punishment Category Class A misdemeanor (if the intent is pretending): about 1 year in jail and/or a fine of no more than $4,000 3 rd degree felony, (if the intent is to bully): up to 10 years in a prison
Sec. 33.02. BREACH OF COMPUTER SECURITY Sec. 33.021. ONLINE SOLICITATION OF A MINOR Sec. 33.05. TAMPERING WITH DIRECT RECORDING ELECTRONIC VOTING MACHINE Sec. 33.07. ONLINE IMPERSONATION http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.33.htm http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.33.htm