Crimes against property

Theft

• Taking or exercising control over or obtaining property of another intending to appropriate/deprive owner of it or

• Legally receiving/taking/exercising control over or obtaining property of another that is subject to theft and fraudulently converting to personal use

Felony theft classes:

o B: value ≥ $100,000

o D: $50,000 < value < $100,000

o F: $1,500 ≤ value ≤ $50,000

o G: value < $1,500 + victim: 62+, impaired adult, or person with disability

Misdemeanor (Class A)

value < $1,500

Shoplifting

• Generally—in store, taking property not intending to pay

• Presumption—intent to steal presumed if defendant willfully conceals unpurchased merchandise

Merchant’s privilege

—merchant, with probable cause to believe defendant (1) intentionally concealed unpurchased goods or (2) committed shoplifting, may take defendant into custody (in a reasonable manner + time) to call police

Theft of services

—intending to steal by obtaining services through improper means, knowing services are only available for compensation

Identity theft

—knowingly or recklessly obtaining, producing, or transferring personal identifying information of another without consent

Criminal mischief—intentionally/recklessly:

• Damaging another’s tangible property

• Tampering with another’s tangible property to endanger another/property or

• Tampering/connecting with tangible property of public utility

Forgery

Generally—(1) intending to defraud/deceive or injure another or (2) knowing defendant is facilitating fraud/injury, defendant:

o Alters any instrument of another without authority

o Creates (or completes) instrument purporting to be something it is not or

o Possesses instrument knowing it is a forgery

Forgery by Degrees

—determined by type of instrument forged

o First-degree—e.g., money or stock

o Second-degree—e.g., will, public record, prescription

o Third-degree—anything not first- or second-degree forgery

False pretense

—intending to appropriate or deprive property of other, obtaining property by:

o Intentionally creating/reinforcing false impression of present/past fact or

o Preventing another from acquiring adverse information

False promise

—intending to appropriate/deprive property of another, defendant (1) obtains property by representing defendant/third person will behave in a particular way and (2) does not intend (or believe third party intends) to behave that way

Robbery - First-degree (Class B felony)

—defendant satisfies elements of second-degree robbery and during commission/flight therefrom, defendant (or other criminal participant):

o Causes physical injury to person not committing crime

o Displays/represents possession of deadly weapon

o Uses/threatens use of dangerous instrument defendant is armed with

o Commits crime against person 65 or older or

o Threatens death of another

Robbery - Second-degree (Class D or E felony)

—defendant satisfies elements of theft and uses/threatens to use force on another intending to:

o Prevent/overcome resistance in taking/retaining another’s property or

o Compel owner/another to deliver property or otherwise aid in theft

Extortion (Class E felony)

—taking money or property from another by improper threat and with no good-faith claim of right

Burglary - First-degree burglary (Class C felony)

—defendant knowingly enters/remains unlawfully in occupied dwelling with intent to commit a crime

Burglary - First-degree burglary (Class B felony)

—defendant commits burglary (1) armed with explosives/deadly weapons or (2) causing physical injury to another (who is not a participant)

First-degree home invasion burglary (Class C felony)

—(1) defendant satisfies elements of first-degree burglary and (2) in making entry or fleeing therefrom, defendant (or criminal participant) attempts/engages in commission of felony:

o Robbery, assault, kidnapping, or murder (first- or second-degree)

o Manslaughter or

o Rape (any degree)

Second-degree burglary (Class D felony)—knowingly:

o Entering/remaining unlawfully in dwelling intending to commit crime or

o Entering/remaining unlawfully in building with intent to commit crime and:

• Armed with explosives/deadly weapon or

• Causing physical injury to another (who is not a participant)

Third-degree burglary (Class F felony)

—knowingly entering/remaining unlawfully in building intending to commit a crime

Intent to commit crime

—may be formed after entry

Merger

—underlying felony does not merge with burglary

Criminal trespass

—knowingly, unlawfully entering/remaining:

Criminal trespass - First Degree (Class A misdemeanor)

—in dwelling or building for animals (e.g., barn)

Criminal trespass - Second-degree (misdemeanor)

—in building/on real property enclosed to exclude intruders

Criminal trespass - Third degree (violation)

on real property

Arson • First-degree (Class C felony)

—(1) intentionally damaging building by starting/causing fire/explosion and (2) defendant either knows:

o Another (non-accomplice) is present in building at time or

o Circumstances rendering presence of another (non-accomplice) in building a reasonable possibility

Arson • Second degree (Class D felony)

—intentionally damaging a building by starting/causing fire/explosion

Arson • Third degree (Class G felony)

—recklessly damaging building by intentionally starting/causing fire/explosion

Drug dealing or possession - Possession

—defendant exercises control over prohibited object (e.g., burglary tools) or substance

o Knowledge—defendant not required to know possession is illegal—only that substance/item was possessed

o Prohibited substances—e.g., cocaine, morphine/opium/heroin, marijuana (by minors or more than personal amount), methamphetamine, ecstasy

Drug dealing resulting in death

—delivering specified controlled substance (e.g., heroin/morphine) to another and it causes another’s death by use/consumption

o No defense—defendant did not directly deliver substance to decedent

o Affirmative defense—defendant made good-faith effort to promptly seek/provide/obtain medical/law enforcement assistance for victim

Receiving/selling stolen property

• Defendant may be convicted of both receiving and selling stolen property

• Knowledge that property is stolen presumed when defendant:

• Acquires property for consideration knowing it is substantially below reasonable value or

• Possesses property with affixed ID/serial number that is altered, removed, defaced, or falsified