1. The University of Adelaide, School of Computer Science
Criminal Law
Ninth Edition
The University of Adelaide, School of Computer Science
13 April 2017
Chapter 8
Offenses Involving Theft and Deception
Copyright © 2010, Elsevier Inc. All rights Reserved
Chapter 2 — Instructions: Language of the Computer

2. The University of Adelaide, School of Computer Science
13 April 2017
Introduction
8.1
In the United States, theft offenses make up the great majority of crimes.
At early common law in England, larceny was the only criminally punishable form of theft.
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3. The University of Adelaide, School of Computer Science
13 April 2017
Larceny
8.2
Common Law
Larceny was defined as the felonious taking, by trespass and carrying away by any person, of the personal goods or things of another from any place, without the owner’s consent and with the felonious intent to permanently deprive the owner of his or her property and to convert it to the taker’s own use or to the use of some person other than the owner.
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4. The University of Adelaide, School of Computer Science
13 April 2017
Larceny
8.2
Common Law
The property taken must be personal property.
The property must belong to another.
It must be taken by trespass from the possession of another and carried away from the place it occupies.
The taking and removal must be accompanied by the intent to deprive the owner of the property.
Copyright © 2010, Elsevier Inc. All rights Reserved
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5. The University of Adelaide, School of Computer Science
13 April 2017
Larceny
8.2
Model Penal Code
All theft offenses are consolidated into a single offense.
Grading of Theft Offenses
Felony of the third degree
Amount exceeds $500.
Property stolen is a firearm, automobile, airplane, motorcycle, motorboat, or other motor-propelled vehicle.
Receiving stolen property, if the receiver is in the business of buying or selling stolen property.
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Chapter 2 — Instructions: Language of the Computer

6. The University of Adelaide, School of Computer Science
13 April 2017
Larceny
8.2
State Statutes, Codes, and Cases
Definitions vary, but the general elements are fairly consistent.
Many states have followed the Model Penal Code and consolidated most of the theft offenses into one statute.
The degree of punishment is determined by the value of the property as well as the number of previous theft convictions.
Copyright © 2010, Elsevier Inc. All rights Reserved
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7. The University of Adelaide, School of Computer Science
13 April 2017
Larceny
8.2
Larceny
A/R
Unlawful; taking; of property; of another; without permission
M/R
Intent to permanently deprive (specific intent)
Copyright © 2010, Elsevier Inc. All rights Reserved
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8. The University of Adelaide, School of Computer Science
13 April 2017
Robbery
8.3
Common Law
Elements
Trespass
Taking
Carrying Away
Personal Property
Of Another
With Intent to Steal
From the Person or Presence of Another
By Violence or Intimidation
Copyright © 2010, Elsevier Inc. All rights Reserved
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9. The University of Adelaide, School of Computer Science
13 April 2017
Robbery
8.3
Model Penal Code
Robbery is considered under a separate heading from the consolidated theft statute.
A felony of the second degree
Except that it is a felony of the first degree if, in the course of committing the theft, the actor attempts to kill anyone, or purposely inflicts, or attempts to inflict, serious bodily injury.
Copyright © 2010, Elsevier Inc. All rights Reserved
Chapter 2 — Instructions: Language of the Computer

10. The University of Adelaide, School of Computer Science
13 April 2017
Robbery
8.3
State Statutes, Codes, and Cases
Elements
Taking and Asportation
Personal Property of Another
With Intent to Permanently Deprive
Using Force or Threat of Force from their Person or in their Presence
Lattimore v. United States (1996)
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11. The University of Adelaide, School of Computer Science
13 April 2017
Robbery
8.3
Robbery
A/R
Taking, property, of another, without permission, in presence or from person, with force or threat of force
M/R
Intentional (specific intent)
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12. The University of Adelaide, School of Computer Science
13 April 2017
Embezzlement
8.4
In embezzlement, the perpetrator acquires possession of the property lawfully, but converts it to his or her own use.
Model Penal Code
Consist essentially of two elements
Obtaining property upon an agreement and/or subject to a known legal obligation to make a specified payment or other disposition; and
Dealing with the property as one’s own and failing to make the required payment or disposition.
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Chapter 2 — Instructions: Language of the Computer

13. The University of Adelaide, School of Computer Science
13 April 2017
Embezzlement
8.4
State Statutes, Codes, and Cases
To sustain a conviction of embezzlement, it must be shown that the accused was the agent or bailee of the victim and had, at one time, lawfully possessed the victim’s property but then intentionally converted the victim’s property to his own use.
Elements of embezzlement
Fraudulent Intent
Appropriation or Conversion
By One in Lawful Possession
Property of Another
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14. The University of Adelaide, School of Computer Science
13 April 2017
Embezzlement
8.4
Embezzlement
A/R
Conversion or appropriation, of property of another, lawfully obtained
M/R
Intent to deprive lawful owner (specific intent)
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15. Obtaining Property by False Pretenses
The University of Adelaide, School of Computer Science
13 April 2017
8.5
Obtaining Property by False Pretenses
Common Law
The crime did not exist.
In 1757, the British Parliament created the crime of false pretenses to protect victims of unscrupulous criminals who used deception to obtain property.
False pretenses is defined as obtaining property of another knowingly and designedly, by false pretence or pretences, with intent to cheat or defraud any person or persons of the same.
Copyright © 2010, Elsevier Inc. All rights Reserved
Chapter 2 — Instructions: Language of the Computer

16. Obtaining Property by False Pretenses
The University of Adelaide, School of Computer Science
13 April 2017
8.5
Obtaining Property by False Pretenses
Model Penal Code
Defined as theft by deception.
State Statutes, Codes, and Cases
Elements
Obtaining money, goods, or things of value of another
By false representation
With intent to defraud the owner
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Chapter 2 — Instructions: Language of the Computer

17. Obtaining Property by False Pretenses
The University of Adelaide, School of Computer Science
13 April 2017
8.5
Obtaining Property by False Pretenses
Obtaining Property by False Pretenses
A/R
Obtaining money, goods, or things of value of another; by false representation; knowing the same to be false
M/R
Intent to defraud (specific intent)
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18. The University of Adelaide, School of Computer Science
13 April 2017
Extortion
8.6
Common Law
The traditional definition of extortion was obtaining money or other things of value by misuse of official power or position.
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19. The University of Adelaide, School of Computer Science
13 April 2017
Extortion
8.6
Model Penal Code
A person is guilty of theft if he purposely obtains property of another by threatening to:
Inflict bodily injury on anyone or commit any other criminal offense; or
Accuse anyone of a criminal offense; or
Expose any secret tending to subject any person to hatred, contempt, or ridicule, or to impair his credit or business repute; or
Take or withhold action as an official, or cause an official to take or withhold action; or
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20. The University of Adelaide, School of Computer Science
13 April 2017
Extortion
8.6
Model Penal Code
A person is guilty of theft if he purposely obtains property of another by threatening to:
Bring about or continue a strike, boycott, or other collective unofficial action, if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act; or
Testify or provide information or withhold testimony or information with respect to another’s legal claim or defense; or
Inflict any other harm which would not benefit the actor.
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Chapter 2 — Instructions: Language of the Computer

21. The University of Adelaide, School of Computer Science
13 April 2017
Extortion
8.6
State Statutes, Codes, and Cases
Modern statutes have expanded the crime of extortion to include what is generally called “blackmail.”
Elements
Obtaining money or property of another
By threats or coercion
To perform certain enumerated acts (or not to perform duties required by one’s office)
The threat causes victim to surrender property
Copyright © 2010, Elsevier Inc. All rights Reserved
Chapter 2 — Instructions: Language of the Computer

22. The University of Adelaide, School of Computer Science
13 April 2017
Extortion
8.6
Extortion
A/R
Obtain money or thing of value; by threats or coercion to perform or not perform enumerated acts; and property is given in response to threat
M/R
Intent (specific intent)
Copyright © 2010, Elsevier Inc. All rights Reserved
Chapter 2 — Instructions: Language of the Computer

23. Receiving Stolen Property
The University of Adelaide, School of Computer Science
13 April 2017
Receiving Stolen Property
8.7
Common Law
Under the early English laws, there was no separate and distinct offense of receipt of stolen property, but the receiver was subject to indictment and punishment as an accessory to the theft itself.
Statutes were soon created to establish the crime of receiving stolen property.
The elements generally included:
Receiving stolen property
Knowing it to have been stolen
With the intent to deprive the owner of it
Copyright © 2010, Elsevier Inc. All rights Reserved
Chapter 2 — Instructions: Language of the Computer

24. Receiving Stolen Property
The University of Adelaide, School of Computer Science
13 April 2017
Receiving Stolen Property
8.7
Model Penal Code
A person is guilty of theft if he purposely receives, retains, or disposes of movable property of another knowing that it has been stolen, or believing that it has probably been stolen, unless the property is received, retained, or disposed of with purpose to restore it to the owner.
Receiving means acquiring possession, control of title, or lending on the security of the property.
Copyright © 2010, Elsevier Inc. All rights Reserved
Chapter 2 — Instructions: Language of the Computer

25. Receiving Stolen Property
The University of Adelaide, School of Computer Science
13 April 2017
Receiving Stolen Property
8.7
State Statutes, Codes, and Cases
All states have statutory provisions that prohibit receiving stolen property and provide for those who violate the statute, there are differences in the wording of the various statutes.
Common elements
Receipt of property;
The property was actually stolen;
The receiver knew at the time that such property had been stolen; and
Felonious intent on the part of the receiver.
Copyright © 2010, Elsevier Inc. All rights Reserved
Chapter 2 — Instructions: Language of the Computer

26. Receiving Stolen Property
The University of Adelaide, School of Computer Science
13 April 2017
Receiving Stolen Property
8.7
Receipt of Stolen Goods
A/R
Receipt (possession or constructive possession) of stolen goods
M/R
Knowledge (that goods are stolen); intent (felonious, i.e., no intent to return goods to owner)
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27. Other Crimes Involving Theft
The University of Adelaide, School of Computer Science
13 April 2017
Other Crimes Involving Theft
8.8
Operating a motor vehicle without the owner’s consent
Theft of services
Theft of property lost, mislaid, or delivered by mistake
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28. Forgery and Related Offenses
The University of Adelaide, School of Computer Science
13 April 2017
Forgery and Related Offenses
8.9
Common Law
Forgery belonged to the class of misdemeanors called cheats
Blackstone’s definition included the elements currently recognized: “the false making or materially altering, with intent to defraud, of any writing which, if genuine, might apparently be of legal efficacy or the foundation of a legal liability.”
Copyright © 2010, Elsevier Inc. All rights Reserved
Chapter 2 — Instructions: Language of the Computer

29. Forgery and Related Offenses
The University of Adelaide, School of Computer Science
13 April 2017
Forgery and Related Offenses
8.9
Model Penal Code
A person is guilty of forgery if, with purpose to defraud or injure anyone, or with knowledge that he is facilitating a fraud or injury to be perpetrated by anyone, the actor:
(a) alters any writing of another without authority; or
(b) makes, completes, executes, authenticates, issues, or transfers any writing so that it purports to be the act of another who did not authorize that act;
(c) utters any writing which he knows to be forged in a manner specified in paragraphs (a) or (b).
Copyright © 2010, Elsevier Inc. All rights Reserved
Chapter 2 — Instructions: Language of the Computer

30. Forgery and Related Offenses
The University of Adelaide, School of Computer Science
13 April 2017
Forgery and Related Offenses
8.9
State Statutes, Codes, and Cases
Modern statutes have expanded the types of documents that can be forged and have increased the penalty of the crime. The essential elements of forgery remain unchanged from the earliest cases.
Copyright © 2010, Elsevier Inc. All rights Reserved
Chapter 2 — Instructions: Language of the Computer

31. Forgery and Related Offenses
The University of Adelaide, School of Computer Science
13 April 2017
Forgery and Related Offenses
8.9
Forgery
A/R
Fraudulent or false writing or alteration of a writing or document
Courts have insisted that the forgery or the alteration be material; that is, it must have prejudicial effect.
M/R
Intent to defraud
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32. Forgery and Related Offenses
The University of Adelaide, School of Computer Science
13 April 2017
Forgery and Related Offenses
8.9
Related Crimes
Uttering a forged instrument
Criminal simulation
Misuse of credit cards
Identity theft
Computer crimes—state
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33. The University of Adelaide, School of Computer Science
13 April 2017
False Advertising
8.10
Common Law
Not a crime at common law
The phrase caveat emptor (let the buyer beware) described the situation between the consumer and merchant. A consumer was expected to know that advertisers may exaggerate or even lie about their product.
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Chapter 2 — Instructions: Language of the Computer

34. The University of Adelaide, School of Computer Science
13 April 2017
False Advertising
8.10
Model Penal Code
Consolidated several older crimes relating to cheating and deceptive practices into one comprehensive statute.
Criminality of the conduct is making “misleading” statements.
It is an affirmative defense to prosecution if the defendant proves, by a preponderance of the evidence, that his or her conduct was not knowingly or recklessly deceptive.
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35. The University of Adelaide, School of Computer Science
13 April 2017
False Advertising
8.10
State Statutes, Codes, and Cases
The elements of the crime, as stated in most statutes and ordinances, are:
Publication of
False or misleading statement or representation
Concerning merchandise or anything of value
For purpose of sale, barter, or exchange
Intent to deceive or mislead any other person
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36. The University of Adelaide, School of Computer Science
13 April 2017
False Advertising
8.10
False Advertising
A/R
Publication of false or misleading statement or representation concerning merchandise or anything of value for the purpose of sale, barter, or exchange
M/R
Intent to deceive or mislead another person
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37. The University of Adelaide, School of Computer Science
13 April 2017
Commercial Bribery
8.11
Common Law
Bribery was a crime but was limited to the offering, giving, receiving, or soliciting anything of value with intent to influence the recipient’s action as a public official.
Statutes were enacted later to control commercial bribery, outlawing collusion and kickbacks in commercial and business affairs.
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38. The University of Adelaide, School of Computer Science
13 April 2017
Commercial Bribery
8.11
Model Penal Code
More comprehensive than the traditional statutes relating to commercial bribery.
A person who solicits, accepts, or agrees to accept a consideration must do so “knowingly violating or agreeing to violate a duty of fidelity” in certain specified relationships.
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39. The University of Adelaide, School of Computer Science
13 April 2017
Commercial Bribery
8.11
State Statutes, Codes, and Cases
Basically the same elements as common law bribery of a public official except that the person who receives the benefit is a private party but is in a fiduciary relationship with an innocent victim.
A fiduciary relationship is in which the party owes the other a duty to put their interest above all others, even oneself
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40. The University of Adelaide, School of Computer Science
13 April 2017
Commercial Bribery
8.11
Commercial Bribery
A/R
Giving or offering to give anything of value to a private agent, employee, or fiduciary
M/R
Intent to influence the fiduciary’s action in relation to the principal’s or employer’s affairs
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41. Miscellaneous Business Offenses
The University of Adelaide, School of Computer Science
13 April 2017
Miscellaneous Business Offenses
8.12
Almost all of these crimes are purely statutory; common law did not cover most of the types of business frauds we are protected from today.
Examples include:
Fraud in insolvency
Receiving deposits in a failing financial institution
Defrauding creditors
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