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Theft A person commits theft when he knowingly obtains or exerts unauthorized control over property of the owner and intends to deprive the owner permanently of the use or benefit of the property. Mens Rea/Mental State –Knowingly Actus Reus –Obtains or exerts control over property Attendant Circumstances –Unauthorised AND Mens Rea/Mental State –Intends Actus Reus –Permanently Deprive Attendant Circumstances –Use or benefit of the property ©
Theft Direct Evidence –Offender goes into your pocket of purse and takes your wallet Circumstancal Evidence –Offender is found with your wallet in his/her possession ©
Theft Direct Evidence –Offender goes into your car and drives away Circumstancal Evidence –Offender is found driving around in your car ©
Retail Theft A person commits the offense of Retail theft when he or she knowingly takes possession of, carries away, transfers or causes to be carried away or transferred, any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment with the intention of retaining such merchandise or with the intention of depriving the merchant permanently of the possession, use or benefit of such merchandise without paying the full retail value of such merchandise. Mens Rea/Mental State –Knowingly Actus Reus –Takes possession of –Carries Away –Transfers Attendant Circumstances –Merchandise Displayed Held Stored Or offered for sale –Retail Mercantile Establishment AND ©
Retail Theft A person commits the offense of Retail theft when he or she knowingly takes possession of, carries away, transfers or causes to be carried away or transferred, any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment with the intention of retaining such merchandise or with the intention of depriving the merchant permanently of the possession, use or benefit of such merchandise without paying the full retail value of such merchandise. Mens Rea/Mental State –Intent Actus Reus –Retaining Attendant Circumstances –Such Merchandise OR Mens Rea/Mental State –Intent Actus Reus/The Act –Permanently Depriving Possession Use Benefit Attendant Circumstances –Merchandise –Full Retail Value ©
Retail Theft Direct Evidence –Security observes a customer remove an item from the store, place it under his or her coat any exit the store. Circumstantial Evidence –Security observes a customer handling a watch and later observes on a recording of the security camera the customer make a move that could be construed as placing the watch up his sleeve. An inventory reveals a watch missing. ©
Arson A person commits arson when, by means of fire or explosive, he knowingly damages any real property, or any personal property having a value of $150 or more, of another without his consent or with intent to defraud an insurer, damages any property or any personal property having a value of $150 or more. Mens Rea/Mental State –Knowingly Actus Reus/Act –Damages Property Attendant Circumstances –Fire or Explosion –Real or Personal Property –Of Another –Without consent of Owner –Valued of $150 or more OR ©
Arson A person commits arson when, by means of fire or explosive, he knowingly damages any real property, or any personal property having a value of $150 or more, of another without his consent or with intent to defraud an insurer, damages any property or any personal property having a value of $150 or more. Mens Rea/Mental State –Intent to Defraud an Insurer Actus Reus/Act –Damages Property Attendant Circumstances –Fire or Explosion –Real or Personal Property –Of Another –Valued of $150 or more ©
Arson Direct 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. ©
Burglary A person commits burglary when without authority he knowingly enters or without authority remains within a building, housetrailer, watercraft, aircraft, motor vehicle as defined in the Illinois Vehicle Code, railroad car, or any part thereof, with intent to commit therein a felony or theft. This offense shall not include the offenses set out in Section 4 ‑ 102 of the Illinois Vehicle Code. Mens Rea/Mental State –Knowingly Actus Reus –Enters or Remains Within Attendant Circumstances –Intent to Commit a theft or felony therein –Building, housetrailer,watercraft, aircraft, motor vehcile, or railroad car ©
Burglary Direct Evidence –As you drive your new squad car down the street you observed the subject on the front porch yell, “I’m going to kick in this door and enter this premise to commit a theft or other felony therein.” Circumstantial Evidence –Everything else ©
A Criminal Act Actus reus = criminal act –Wrongful deed –Society will not punish for a status Robinson v. California (1962) –Involuntary Conduct.
Chapter 10 Theft and Other Crimes Involving Property This multimedia product and its contents are protected under copyright law. The following are prohibited.
A Criminal Act Actus reus = criminal act –Wrongful deed –Society will not punish for a status Robinson v. California (1962) (page 386) –Involuntary Conduct.
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