Chapter 7 Crimes Against Property

Common-Law Background It was a very serious offense for someone to permanently deprive another of the possession of personal property, whether through stealth or through force, violence, or intimidation. It was a very serious offense for someone to permanently deprive another of the possession of personal property, whether through stealth or through force, violence, or intimidation. Larceny and robbery were felonies, yet it was of far less consequence to cheat someone by the use of false tokens or false weights and measures. – WHY? Larceny and robbery were felonies, yet it was of far less consequence to cheat someone by the use of false tokens or false weights and measures. – WHY? Caveat Emptor – let the buyer beware Caveat Emptor – let the buyer beware

Common-Law Theft Offenses Larceny – felony that consisted of wrongful taking and carrying away of personal property with the intent to permanently deprive the other person of the property. Larceny – felony that consisted of wrongful taking and carrying away of personal property with the intent to permanently deprive the other person of the property. Caption – taking Corporeal – physical existence Asportation – carrying away Asportation – carrying away Trespass – wrongful act of taking Animus Furundi – intent to permanently deprive the victim of the property

Common-Law Theft Offenses False Pretenses – crime of obtaining money or property through misrepresentation. False Pretenses – crime of obtaining money or property through misrepresentation. Embezzlement – crime of using a position of trust or authority to transfer or convert the money or property of another to oneself. Embezzlement – crime of using a position of trust or authority to transfer or convert the money or property of another to oneself.

Modern Approach to Theft Offenses Grand Theft (1 st degree) – Grand Theft (1 st degree) – –The most serious felony. –A theft involving property valued at $100,000 or more, or –The offender commits grand theft by using a motor vehicle as an instrumentality to assist in committing the offense and damages the real property or causes damage to real or personal property of another in excess of $1,000.

Modern Approach to Theft Offenses Continued: Grand Theft (2 nd degree) – A less serious felony; theft of property valued at $20,000 or more, but less than $100,000. Grand Theft (2 nd degree) – A less serious felony; theft of property valued at $20,000 or more, but less than $100,000. Grand Theft (3 rd degree) – A lesser felony; theft of property valued at $300 or more, but less than $20,000 Grand Theft (3 rd degree) – A lesser felony; theft of property valued at $300 or more, but less than $20,000 Petit Theft – Theft of property valued under $300. Petit Theft – Theft of property valued under $ One who has been convicted of theft two or more times commits a felony of the third degree. - One who has been convicted of theft two or more times commits a felony of the third degree.

Robbery - Taking of another’s personal property of value - from the other person’s possession or presence - by force or by placing the person in fear - with the intent to permanently deprive the other person of that property.

Robbery Often considered an offense against the person because it involves an assault or a battery. Often considered an offense against the person because it involves an assault or a battery.

Robbery continued: Aggravated robbery – Robbery committed by a person armed with a dangerous weapon. Aggravated robbery – Robbery committed by a person armed with a dangerous weapon. Carjacking – taking a motor vehicle from someone by force, violence or intimidation. Carjacking – taking a motor vehicle from someone by force, violence or intimidation.

Forgery and Uttering a Forged Instrument Forgery – making or altering of a writing to the prejudice of another man’s right. Forgery – making or altering of a writing to the prejudice of another man’s right. Uttering a forged instrument – crime of passing a false instrument, like a check, with the intent to defraud the recipient. Uttering a forged instrument – crime of passing a false instrument, like a check, with the intent to defraud the recipient.

Forgery and Uttering a Forged Instrument Counterfeiting – making an imitation of something with intent to deceive. Counterfeiting – making an imitation of something with intent to deceive.

Worthless Checks and Credit Card Fraud Credit Card fraud – using a credit card that was stolen to purchase goods and services. Credit Card fraud – using a credit card that was stolen to purchase goods and services. Worthless Checks statutes – usually classify such an offense as a misdemeanor, and legislatures have opted to allow offenders to make restitution of losses caused by this. Worthless Checks statutes – usually classify such an offense as a misdemeanor, and legislatures have opted to allow offenders to make restitution of losses caused by this.

Habitation Offenses Burglary – breaking and entering of a dwelling during with intent to commit a felony. Burglary – breaking and entering of a dwelling during with intent to commit a felony. Breaking and Entering – forceful, unlawful entry into a building or conveyance. Breaking and Entering – forceful, unlawful entry into a building or conveyance. Arson – willful and malicious burning of a dwelling or vehicle of another. Arson – willful and malicious burning of a dwelling or vehicle of another.

Malicious Mischief Malicious Mischief – crime of willful destruction of personal property of another. Malicious Mischief – crime of willful destruction of personal property of another. Vandalism – willful destruction of property of another person. Vandalism – willful destruction of property of another person.

Extortion Extortion – crime of obtaining money or property by threats of force or inducement of fear. Extortion – crime of obtaining money or property by threats of force or inducement of fear.