1. Chapter 5 Our Criminal Laws
Lesson 5-1
Criminal Law

2. What is a Crime? A punishable offense against society
Efforts are designed to protect society rather than the victim of the crime
Society (through police & prosecutors) attempts to identify, arrest, prosecute, and punish the criminal
A punishable offense against society
What is a Crime?
A punishable offense against society
Society (through police & prosecutors) attempts to identify, arrest, prosecute, and punish the criminal
Efforts are designed to protect society rather than the victim of the crime

3. Three Elements of a Crime
Defendant intended to commit the act
Defendant intended to do evil
(3) Criminal Intent
Breach of the duty
(1) Duty
State statutes prohibiting certain conduct
(2) Violation of the Duty
Three Elements of a Crime
(1) Duty
State statutes prohibiting certain conduct
(2) Violation of the Duty
Breach of the duty
(3) Criminal Intent
Defendant intended to commit the act
Defendant intended to do evil

4. Taking another’s property or money by a person to whom it has been entrusted
Embezzlement
Taking another’s property or money by a person to whom it has been entrusted

5. Corporations and Criminal Intent
Yes—vicarious criminal liability
When corporate employees commit a crime, can officers be held criminally responsible?
Yes—if their employees have criminal intent, their employer may be judged to have criminal intent
Can corporations (organizations) form criminal intent?
Corporations and Criminal Intent
Can corporations (organizations) form criminal intent?
Yes—if their employees have criminal intent, their employer may be judged to have criminal intent
When corporate employees commit a crime, can officers be held criminally responsible?
Yes—vicarious criminal liability

6. Criminal Intent and Age
Between  knowledge had to be proven
Over 14  know the difference between right and wrong
Under 7  below the age of reason
Early common law
Criminal Intent and Age
Early common law
Under 7 - below the age of reason
Over 14 - know the difference between right and wrong
Between - knowledge had to be proven

7. Criminal Intent and Age
Minors as young as 7 may be tried and punished as adults if they are accused of serious crimes such as murder
Age of criminal liability is 18 in most states
Today
Criminal Intent and Age
Today
Age of criminal liability is 18 in most states
Minors as young as 7 may be tried and punished as adults if they are accused of serious crimes such as murder

8. Criminal Intent Sufficient mental capacity needed Insane persons (no)
Drug use (yes)
Voluntary intoxication (yes)
Insane persons (no)
Sufficient mental capacity needed
Criminal Intent
Sufficient mental capacity needed
Insane persons (no)
Voluntary intoxication (yes)
Drug use (yes)

9. Is Criminal Intent Always Required for a Crime?
Conduct is so careless some courts treat it the same as criminal intent
Extreme carelessness
Traffic offenses
Not for less serious crimes when jail is unlikely
Is Criminal Intent Always Required for a Crime?
Not for less serious crimes when jail is unlikely
Traffic offenses
Extreme carelessness
Conduct is so careless some courts treat it the same as criminal intent

10. Criminal Conduct Crimes against a person
Crimes against the government and administration of justice
Treason, tax evasion, perjury
Theft, robbery, embezzlement
Crimes against property
Crimes against a person
Assault and battery, kidnapping, rape, murder
Criminal Conduct
Crimes against a person
Assault and battery, kidnapping, rape, murder
Crimes against property
Theft, robbery, embezzlement
Crimes against the government and administration of justice
Treason, tax evasion, perjury

11. Fraudulent sale of securities, violation of pure food and drug laws
Crimes against decency
Bigamy, obscenity, prostitution
Crimes against consumers
Burglary, arson, criminal trespass
Crimes against public peace and order
Rioting, disorderly conduct, illegal speeding
Crimes against realty
Criminal Conduct
Crimes against public peace and order –Rioting, disorderly conduct, illegal speeding
Crimes against realty –Burglary, arson, criminal trespass
Crimes against consumers –Fraudulent sale of securities, violation of pure food and drug laws
Crimes against decency –Bigamy, obscenity, prostitution

12. Classification of Crimes
Murder, rape, kidnapping, arson, robbery, burglary, embezzlement, forgery, theft of large sums, perjury
Felony
Death
Punishable by a fine of more than $1,000 or
Punishable by confinement for more than a year in state prison and/or
Classification of Crimes
Felony
–Punishable by confinement for more than a year in state prison and/or
–Punishable by a fine of more than $1,000 or
–Death
–Murder, rape, kidnapping, arson, robbery, burglary, embezzlement, forgery, theft of large sums, perjury

13. Classification of Crimes
Misdemeanor
Punishable by confinement in a county or city jail for less than one year and/or by fine
Disorderly conduct, speeding
Infractions
Felony
Murder, rape, kidnapping, arson, robbery, burglary, embezzlement, forgery, theft of large sums, perjury
Punishable by confinement for more than a year in state prison and/or
Punishable by a fine of more than $1,000 or
Death
Lesser misdemeanors
Classification of Crimes
Misdemeanor
–Punishable by confinement in a county or city jail for less than one year and/or by fine
–Disorderly conduct, speeding
–Infractions
•Lesser misdemeanors

14. Business-Related Crimes
Felony
Death
Murder, rape, kidnapping, arson, robbery, burglary, embezzlement, forgery, theft of large sums, perjury
Punishable by a fine of more than $1,000 or
Punishable by confinement for more than a year in state prison and/or
Do not involve force or violence, do not cause injury to people, and do not cause physical damage to property
Referred to as white-collar crimes
Businesses are subject to general criminal law
Ex: evading income taxes, defrauding consumers, conspiring to fix prices, false fire and auto insurance claims, bribery
Business-Related Crimes
•Businesses are subject to general criminal law
•Referred to as white-collar crimes
•Do not involve force or violence, do not cause injury to people, and do not cause physical damage to property
•Ex: evading income taxes, defrauding consumers, conspiring to fix prices, false fire and auto insurance claims, bribery

15. Larceny •Commonly known as theft
The wrongful taking of money or personal property belonging to someone else, with the intent to deprive the owner of possession
Robbery—taking of property from another’s person or immediate presence, against the victim’s will, by force or by causing fear
Felony
Murder, rape, kidnapping, arson, robbery, burglary, embezzlement, forgery, theft of large sums, perjury
Punishable by confinement for more than a year in state prison and/or
Punishable by a fine of more than $1,000 or
Death
Burglary—entering a building without permission when intending to commit a crime
Larceny
•Commonly known as theft
•The wrongful taking of money or personal property belonging to someone else, with the intent to deprive the owner of possession •Robbery—taking of property from another’s person or immediate presence, against the victim’s will, by force or by causing fear •Burglary—entering a building without permission when intending to commit a crime

16. Larceny (con’t) •Shoplifting, pickpocketing, purse snatching
Can be a felony or a misdemeanor
Determined by the value of the property stolen and other circumstances
Felony
Murder, rape, kidnapping, arson, robbery, burglary, embezzlement, forgery, theft of large sums, perjury
Punishable by confinement for more than a year in state prison and/or
Punishable by a fine of more than $1,000 or
Death
Robbery and burglary are always felonies
Larceny (con’t)
•Shoplifting, pickpocketing, purse snatching
•Can be a felony or a misdemeanor •Determined by the value of the property stolen and other circumstances
•Robbery and burglary are always felonies

17. Receiving Stolen Property
Felony
Death
Murder, rape, kidnapping, arson, robbery, burglary, embezzlement, forgery, theft of large sums, perjury
Punishable by a fine of more than $1,000 or
Punishable by confinement for more than a year in state prison and/or
Fence
intent to deprive the rightful owner of the property
Knowingly receiving stolen property
one who receives stolen property
Receiving Stolen Property
•Knowingly receiving stolen property
–intent to deprive the rightful owner of the property
•Fence
–one who receives stolen property

18. Obtaining money/property by lying about a past or existing fact
Victim parts with property voluntarily
Type of fraud
Felony
Murder, rape, kidnapping, arson, robbery, burglary, embezzlement, forgery, theft of large sums, perjury
Punishable by confinement for more than a year in state prison and/or
Punishable by a fine of more than $1,000 or
Death
False Pretenses
•Obtaining money/property by lying about a past or existing fact
•Victim parts with property voluntarily
•Type of fraud

19. Forgery •Falsely making/altering a writing to defraud another •Checks
Usually a felony
Felony
Murder, rape, kidnapping, arson, robbery, burglary, embezzlement, forgery, theft of large sums, perjury
Punishable by confinement for more than a year in state prison and/or
Punishable by a fine of more than $1,000 or
Death
Forgery
•Falsely making/altering a writing to defraud another
•Checks
•Usually a felony

20. Murder, rape, kidnapping, arson, robbery, burglary, embezzlement, forgery, theft of large sums, perjury
Death
Punishable by a fine of more than $1,000 or
Felony
Punishable by confinement for more than a year in state prison and/or
Bribery
•Unlawfully offering or giving anything of value to influence performance of an official
•Soliciting or accepting the bribe is also criminal

21. Computer Crime •Larceny? –“the taking of personal property” Larceny?
Felony
Murder, rape, kidnapping, arson, robbery, burglary, embezzlement, forgery, theft of large sums, perjury
Punishable by confinement for more than a year in state prison and/or
Death
Punishable by a fine of more than $1,000 or
Computer Crime
•Larceny?
–“the taking of personal property”

22. Extortion •Known as blackmail
Obtaining money/property from a person by wrongful use of force, fear, or power of office
Felony
Murder, rape, kidnapping, arson, robbery, burglary, embezzlement, forgery, theft of large sums, perjury
Punishable by confinement for more than a year in state prison and/or
Death
Punishable by a fine of more than $1,000 or
Extortion
•Known as blackmail
•Obtaining money/property from a person by wrongful use of force, fear, or power of office

23. Conspiracy •An agreement between two or more persons to commit a crime
Usually secret
Conspiracy is a separate crime from the crime the parties plan to commit
Either a felony or a misdemeanor
Felony
Murder, rape, kidnapping, arson, robbery, burglary, embezzlement, forgery, theft of large sums, perjury
Punishable by confinement for more than a year in state prison and/or
Punishable by a fine of more than $1,000 or
Death
Businesses: fix prices or divide markets
Conspiracy
•An agreement between two or more persons to commit a crime
•Usually secret
•Conspiracy is a separate crime from the crime the parties plan to commit
•Either a felony or a misdemeanor •Businesses: fix prices or divide markets

24. Arson •Willful and illegal burning of a building Felony
Murder, rape, kidnapping, arson, robbery, burglary, embezzlement, forgery, theft of large sums, perjury
Willful and illegal burning of a building
Felony
Death
Punishable by a fine of more than $1,000 or
Punishable by confinement for more than a year in state prison and/or
Arson
•Willful and illegal burning of a building