Criminal Law for the Criminal Justice Professional Norman M. Garland Fourth Edition Chapter 11 ©McGraw-Hill Education. All rights reserved. Authorized only for instructor use in the classroom.  No reproduction or further distribution permitted without the prior written consent of McGraw-Hill Education.

Crimes against Property 11.1 Forms and variations of theft 11.2 Extortion, blackmail, and bribery 11.3 Forgery and uttering Chapter 11 Crimes against Property

Chapter Objectives List the elements of larceny Explain the difference between larceny from a person and robbery List the elements of embezzlement State the difference between embezzlement and larceny Differentiate among extortion, blackmail, and bribery State the essential elements of forgery

11.1 Forms and Variations of Theft Determining if a theft is larceny, stealing, shoplifting, or something else is confusing Many states eliminated common law distinctions and created a single term to cover everything

Theft Theft Grand theft A broad category of misconduct against property that includes the crimes of larceny, embezzlement, theft by false pretenses, shoplifting, robbery, and receiving stolen goods The felonious taking of property valued above a set monetary amount, or the theft of a motor vehicle. More serious than petit or petty theft

Theft (continued) Common ingredient in all theft crimes is a thief Petit or petty theft The misdemeanor taking of property under a set monetary amount. Less serious than grand theft Common ingredient in all theft crimes is a thief Thief The original unlawful taker of the property of another person

Larceny Property taken must: Larceny Be tangible Have value Have an owner Larceny The taking and carrying away of the property of another, without consent, with the purpose of stealing or permanently depriving the owner of possession

Larceny (continued 1) In cases of larceny defendant must show that he had specific intent to deprive the owner of the property

Larceny (continued 2) Many jurisdictions classify larceny according to degrees of seriousness of the offense West Virginia law If loss of goods is less than $1,000, it is the misdemeanor offense of petit larceny If loss is greater than $1,000, it is the felony offense of grand larceny

Larceny from a Person States have adopted different definitions Victim must have actual possession of the property Property must be within the person’s immediate presence Larceny from a person Statutory offense of taking property from the person of another; the penalty is usually greater than that for simple larceny

Shoplifting Essential elements Shoplifting Willful taking of possession of merchandise of another Without consent of the seller With the intention of converting the goods and without paying for the goods Shoplifting A crime defined by a specific theft statute to address thefts of merchandise, concealment of merchandise, altering of price tags, and retail theft

Lost or Abandoned Property “Finder” must return the item if: Owner of the property can be identified Item can be easily given back to the owner Item has substantial value Abandoned property Property over which a person voluntarily gives up permanent possession or ownership

Joyriding If a defendant borrows an item and intends to return it to the owner, then larceny has not occurred even if the borrowing was without permission State does not need to prove the defendant took the property “without intent to permanently deprive”

Embezzlement Not a common law crime Embezzlement Misappropriation The unlawful taking or misuse of property by persons, typically employees, who lawfully come into possession of the property and therefore do not meet the theft or larceny requirement of wrongfully obtaining the property The wrongful misuse or taking of another’s property that has been entrusted to the accused Not a common law crime Gwaltney v. Commonwealth

False Pretenses False pretenses is not committed if the defendant only obtains possession of the property and not title When the perpetrator gains possession alone of the property, the crime is larceny by trick False pretenses A crime in which title or ownership of the property is passed to the defendant in reliance on the defendant’s misrepresentation

Receiving Stolen Property Acquiring possession, control, or title, or lending on the security of, property that has been stolen Constructive possession A relationship between the defendant and the stolen goods such that it is reasonable to treat the extent of the defendant’s dominion and control over the property as if it were actual possession

Receiving Stolen Property (continued) Essential elements The accused bought, received, or otherwise came into possession of the property Property was stolen At time of possession, the accused knew the property had been stolen Nelson v. State State v. Bozeyowski Hurston v. State

Application Cases 11.1 Quarterman v. State 11.2 Fussell v. United States 11.3 People v. Lorenzo

Figure 11.1 - Wisconsin Statute Concerning Theft 943.20. Theft. (1) Acts. Whoever does any of the following may be penalized as provided in sub. (3): (a) Intentionally takes and carries away, uses, transfers, conceals, or retains possession of movable property of another without the other’s consent and with intent to deprive the owner permanently of possession of such property. (b) By virtue of his or her office, business or employment, or as trustee or bailee, having possession or custody of money or of a negotiable security, instrument, paper or other negotiable writing of another, intentionally uses, transfers, conceals, or retains possession of such money, security, instrument, paper or writing without the owner’s consent, contrary to his or her authority, and with intent to convert to his or her own use or to the use of any other person except the owner. A refusal to deliver any money or a negotiable security, instrument, paper or other negotiable writing, which is in his or her possession or custody by virtue of his or her office, business or employment, or as trustee or bailee, upon demand of the person entitled to receive it, or as required by law, is prima facie evidence of an intent to convert to his or her own use within the meaning of this paragraph. (c) Having a legal interest in movable property, intentionally and without consent, takes such property out of the possession of a pledgee or other person having a superior right of possession, with intent thereby to deprive the pledgee or other person permanently of the possession of such property. (d) Obtains title to property of another person by intentionally deceiving the person with a false representation which is known to be false, made with intent to defraud, and which does defraud the person to whom it is made. “False representation” includes a promise made with intent not to perform it if it is a part of a false and fraudulent scheme. (e) Intentionally fails to return any personal property which is in his or her possession or under his or her control by virtue of a written lease or written rental agreement after the lease or rental agreement has expired. This paragraph does not apply to a person who returns personal property, except a motor vehicle, which is in his or her possession or under his or her control by virtue of a written lease or written rental agreement, within 10 days after the lease or rental agreement expires. SOURCE: Wis. Stat. § 943.20 (West 2010).

11.2 Extortion, Blackmail, and Bribery The gaining of property by threat of physical harm to a person or property by a public official under color of his or her office

Extortion Five elements Seeking of an unlawful fee By a public officer Collected under color of office Where the fee is actually received Where the fee was taken corruptly Under color of authority or office The requirement at common law for the crime of extortion that the action taken by the perpetrator be in his or her capacity as a public official

Blackmail and Bribery Blackmail Bribery A threat by a private citizen seeking hush money, or payment, to remain silent about a crime or a shameful act Payment by a person to a public official in order to gain an advantage that the person is not otherwise entitled to; both parties are guilty of the crime

Application Case (continued) 11.4 United States v. Jackson

Figure 11.2 - District of Columbia Code on Extortion 22-3251. Extortion. (a) A person commits the offense of extortion if: (1) That person obtains or attempts to obtain the property of another with the other’s consent which was induced by wrongful use of actual or threatened force or violence or by wrongful threat of economic injury; or (2) That person obtains or attempts to obtain property of another with the other’s consent which was obtained under color or pretense of official right. (b) Any person convicted of extortion shall be fined not more than $10,000 or imprisoned for not more than 10 years, or both. SOURCE: D.C. Code § 22-3251 (West 2010).

11.3 Forgery and Uttering Forgery Uttering Making or altering a writing, with the purpose of deceiving or injuring, in such a way as to convey a false impression concerning its authenticity Uttering Presenting a forged writing and attempting to use it to deceive or cheat

11.3 Forgery and Uttering (continued 1) A person commits forgery who, with intent to defraud, makes, possesses, or utters a written instrument in such a manner that it purports to have been made: By another person At another time With different provisions By authority of one who did not give authority

11.3 Forgery and Uttering (continued 2) Forgery - Falsifying another person’s name on a credit charge or sales slip If a writing is full of false statements, the author is guilty of fraudulent making If a document is full of truths but is signed by a person using another person’s name without permission, the writing is a forgery Fraudulent making Creating a document that is not authentic