Crimes Against Property I Taking another’s property

The Big Four Theft – intentionally taking control of someone’s property Fraud – obtaining property through deceit Robbery – theft accompanied by violence, force, or intimidation Receiving stolen property – taking and controlling, at least temporarily, stolen property

Now, in the 21 st Century The traditional, even ancient, crimes of taking someone else’s property has been re-invented on the internet, or some other type of wireless network Just one type of cybercrime

Historical Background It all began with concern with violent crimes against people The Eighth Commandment Two basic offenses Robbery – taking property by force, or the threat of force Larceny – taking property by nonviolent means with the aim of permanently depriving the owner of the item

Larceny 1. Taking, and 2. Carrying away someone else’s property without their consent, and 3. With the intent to permanently deprive the owner of possession Initially used to deal with stealing livestock If you received the property through lawful means, but refused to give it back - conversion

Further expansion Once society (economies) got more sophisticated, and intangible property emerged … Embezzlement was established Lawfully gaining control or custody of someone’s property and then taking it Can now (MPC) even include misdeeds in which nothing was actually taken

Which led to ….. Abuse-of-trust crimes - offenses which arise from taking or misusing property controlled through your job Also known as white-collar crimes Expanding as we speak While at first, obtaining property by deceit wasn’t a crime, now it is as fraud, or obtaining property by false pretenses

Modern approach Today most states have consolidated these types of crimes into one – theft realizing that they all deal with the same problem This streamlines the necessary actus reus into taking and carrying away someone else’s property The mens rea remains – purposely or knowingly permanently depriving someone of their property

White-Collar Crime Crimes committed by the professional Fraud, swindling, and “double-crossing” Federal Mail Fraud – a federal prosecutor’s best friend Easily used for inchoate crimes Easy to prove – just two elements a) sending mail or communicating by wire b) the intent to carry out fraudulent scheme Amazing versatility – fits many situations

Ponzi Schemes Famous, self-perpetuating fraud scheme Crooks use new money to pay off old investors, till it collapses Huge increase with advent of internet If it sounds too good to be true … Bernie Madoff stole $65 billion This, and other similar schemes, can be attacked civilly & subject to forfeiture

Robbery Kinda like theft + assault and battery, only worse Reflects public distaste and fear of the “mugger” someone who threatens us (or commits against us) violence and then takes our property Face-to-face, personal humiliation

Robbery Actus Reus An act of force is essential But it doesn’t require much – anything beyond taking the property away Merely picking someone’s pocket isn’t enough Surprisingly, purse snatching, even if you leave a mark from the snatch, isn’t enough either But it was in State v Rolon Either way, the threat of force will do

Robbery Mens Rea Same as larceny – the intent to take someone’s property and keep it permanently But another element is added – the intent to use force, or the threat of force, to get it

Robbery by the degree Some types are punished more severly If the offender: a) is armed b) has accomplices c) or injures his victim, (or some combination of these factors) heavier penalties will ensue.

Receiving Stolen Property If you benefit (without participating in the original crime) from a theft, blameworthiness follows Criminal liability extends beyond professional fence to anyone who knew or should have known Sufficient actus reus is possessing or constructively controlling, even fleetingly, the stolen property

A Fence’s Mens Rea State’s vary as to the fence’s mental state Some require actual knowledge while others just the tried and true “knew or should have known” Lesser levels are typically used to catch fences Pawn shops are obligated to check merchandise Circumstantial evidence is often crucial

Arson Viewed very seriously in the common law Initially, just encompassed the burning of someone’s home and outbuildings Entailed the property’s complete destruction and great fear and terror Now expanded to the burning of any type of building, vessel or vehicle Millions lost, many hurt or killed Punished very severely

Actus reus: What is it to burn? To qualify as an actionable burning the structure doesn’t need to be reduced to embers Once it catches, liability attaches But that still leaves a lot to interpretation After considerable confusion as to how much of a fire was enough, the MPC entered the fray

The MPC and Arson Actus reus Minimized how much of a “burning “ was necessary Just requires that the fire start Not even necessary to reach the building Smoke and soot damage is enough

Degrees of Arson First-degree – setting fire to an occupied building – danger to human life Second-degree – torching unoccupied structures MPC focuses on the offenders intent, first- degree reserved to those who intend to destroy buildings Motive should be considered re sentencing

Criminal Mischief Originated in the common law crime of malicious mischief – destroying or damaging someone’s tangible property Now involves three types of misdeed 1) destruction by fire, explosion, etc 2) tampering with property 3) deception or theft leading to $ losses Typically felonies, but not as severe as arson

Invading another’s property Burglary and Criminal Trespass – the invasion is the thing Criminal conduct, not bad result crimes Nothing has to go wrong – crimes even if nothing is taken or damaged and no one is hurt

Burglary – in the common law Our homes are special, our personal place of safety and privacy Fiercely protected Elements: 1) Breaking and entering (actus reus) 2) the dwelling of another (circumstance) 3) in the nighttime 4) with the intent to commit a felony (mens rea)

Burglary today Greatly expanded Scope extends well beyond homes to virtually any kind of structure or vehicle Night or day is irrelevant in 32 states While before 1900, breaking (violent entry) was necessary, now just entering is needed Can even reach “remaining” in a structure lawfully entered

MPC stance While some states disagree, the MPC still insists that the structure be occupied Includes buildings adapted for overnight stays or those in which business is done

Dwelling of another? Can you burglarize a home you have some ownership claim to? Yes. A landlord can burglarize the home of his tenant And in Jewell v State, the offender got off light with 48 years, even if he helped fix the home up

Burglary Mens rea A specific-intent crime with two elements: 1) the intent to enter (or remain) 2) the intent to commit a crime therein And virtually any crime will do Furthermore, the crime doesn’t have to be even attempted

Criminal Trespass The unwanted, unauthorized entry on the property of another No need to enter an occupied building or the intent to commit a crime – just unwanted presence Now extended to access to electronic information systems

Identity Theft Taking another’s identity for the purpose of getting something of value Epidemic in number of victims and $ lost 9 million victims, $25 billion lost Hard to catch and convict offenders