Chapter 8 Crimes Involving Property and Society

Theft occurs when a person:

- Knowingly obtains or uses, or tries to obtain or to use, the property of another

- Commits such actions with the intent to, either temporarily or permanently, deprive the victim of their right to the property or any benefit from it

- Takes the property for their own use or to the use of anyone not entitled to it

Primary result of crimes involving property

to deprive someone of the use or enjoyment of their property

Secondary result of crimes involving property

physical or mental harm to the victim

What is the main difference between robbery and theft?

Robbery is a crime against a person while theft is a crime against property

Property can be anything of value and includes what?

Real property, tangible or intangible, personal property, and services

Services

Anything of value that results from someone's physical or mental labor or skill

If the value of property stolen during a theft is a $100 or more, but less than $750, the offense is a

First degree misdemeanor

Petit theft

a theft of property valued at $100 or more, but less than $750

If the person who commits petit theft has two or more convictions for any theft, the crime becomes a

Third-degree felony

Theft of property valued at less than $100, or a value that cannot be established is what degree of offense?

Second-degree misdemeanor

Grand theft

The theft of an item with a value of $750 or more, the theft of an item specified by statute regardless of its value, or the theft of an item with a value of $40 or more from a dwelling or from the enclosed area of land surrounding a dwelling

What degree(s) of offense(s) is grand theft?

First, second, or third degree felony

Florida will reclassify theft to a higher degree if the victim is?

A person 65 or older

You can arrest someone for retail theft without a warrant even when the offense is not committed in your presence.

True

Retail theft involves someone working alone or conspiring with others to:

- Take merchandise, money, or negotiable financial or legal documents

- Alter or remove a label or price tag

- Transfer merchandise from one container to another

- Remove a shopping cart, with the intention of depriving the merchant of then items or their full retail value

It is a felony to possess, use, or attempt to use __________ or _______ counter measure to defeat the security scanner

Anti-shoplifting, inventory control device

Dealing in stolen property is what offense?

First- or second-degree felony

Pawnshops require a _____ on the transaction sheet, which you can collect evidence

Thumbprint

If you have probable cause to believe that a suspect stole an item, and the suspect resists reasonable efforts to recover the property, charge the suspect with what?

Resisting in addition to theft

Criminal mischief

Is the willful and malicious destruction of property belonging to another person

For criminal mischief, document that:

- The suspect injured or damaged real or personal property

- The property belonged to the complainant

- The injury or damage was willful and malicious

The Florida statutes enhance the penalties for criminal mischief based upon several factors, including

The value of the property

Criminal mischief is a second-degree misdemeanor if

the property damage is less than $200

Criminal mischief is first-degree misdemeanor if

the property damage is greater than $200 but less than $1000

Criminal mischief is a third-degree felony if

the value of property damaged totals $1000 or more

If the suspect has one or more prior convictions for criminal mischief, a subsequent offense is a ________, regardless of the amount of damage.

felony

Any person who willfully and maliciously damages any place of worship or religious article is guilty of a third-degree felony if the damage is over _______.

$200

Trespassing occurs when a person:

- willfully enters or remains in a structure, conveyance, or property, without being authorized, licensed, or invited

- willfully enters or remains in a property after the owner tell them to leave or when a trespassing notice is posted

a person authorized in the context of trespassing

an owner or lessee, or their agent, or any law enforcement officer whose agency has received written authorization from the aforementioned to communicate an order to depart the property in the case of a threat to public safety, or welfare.

Burglary

the unlawful entry into any structure with the intent to commit a crime inside

Penalties are more severe for a dwelling than a structure or conveyance.

True

For Burglary, document that the suspect did at least two of the following

- entered a structure or conveyance owned by on in the possession of the complainant

- at the time of entering the structure or conveyance, had the intent to commit a crime in that structure or conveyance

- was not licensed or invited to enter the structure or conveyance, and the premises were not open to the public at the time of the entering.

Burglary tools

screwdrivers, pliers and wrenches, pry bars, or spark plugs but can also be anything used to gain entry during a burglary, such as rock or concrete block.

bump key

a key in which the suspect has cut the pin positions to the lowest level so that striking it at just the right moment will "bump" open the lock.

For possession of burglary tools, document that the suspect:

- intended to commit burglary or trespass

- had in their possession a tool, machine, or implement they intended to use in committing trespass or burglary

It is a _______ to walk on an archaeological site and remove an object

misdemeanor

It is a_______ to dig into the site to retrieve an object

felony

White-collar crime

refers to a range of frauds committed by individuals, business professionals, and government officials.

Fraud

the intentional falsification of the truth to induce another person or other entity to part with something of value or to surrender their legal right to it.

Forgery

altering, forging, or counterfeiting a public record, certificate, legal document, bill of exchange or promissory note, with intent to injure or defraud someone.

Uttering

knowingly exhibiting or publishing a document or attempting to cash a check by claiming the check and the endorsement are real.

Uttering a false, forged, or altered record, deed, or other instrument with the intent to injure or defraud someone is a

third- degree felony

The most common types of forgery an officer may encounter are

forged signatures or endorsements on a check, use of a fictitious name, and forgery by altering the signature.

Who is the primary complainant for in-progress fraudulent checks?

The financial institution

Who is the victim of fraudulent checks?

the person from whom the funds were drawn

Credit card fraud

the unlawful use of a credit card to obtain property, goods, or services

Skimming

the act of extracting a customer's credit card information by using a skimming device

It is a felony if a suspect fraudulently uses a victim's credit card within a ______, three times or more, or charges $100 or more on the victim's card

six-month period

Who is the primary complainant for most credit card offenses?

the account holder

Who is the primary victim of credit card fraud?

the issuing financial institution

Voice over Internet Protocol (VoIP)

Allows someone to create a phone number and use it anywhere in the world where they can connect to the internet

Phishing

uses fake digital communication that mirrors a legitimate business to obtain personal and financial information from unsuspecting victims

Identity theft

the unlawful possession or use of a person's identifying information commit acts fraud, such as apply for credit or loans, acquire services, establish or take over accounts, and commit crimes

For misdemeanor cruelty to animals document that the suspect

- unnecessarily overloading, overdriving, or tormenting an animal

- depriving an animal of necessary food and shelter

- unnecessarily mutilating or killing any animal, or causing the same to be done

- carrying in or on a vehicle any animal in a cruel or inhumane manner

Aggravated animal cruelty

a person intentionally commits an act to any animal, or a person who owns or has the custody or control of any animal and fails to act, which results in the cruel death, or excessive or repeated infliction of unnecessary pain or suffering, or causes this to be done.

In Florida, aggravated animal cruelty is a ________.

Felony

Loitering or prowling

To linger or hang around in a public area without any apparent purpose for being there in a place, at a time, or in a manner not usual for law-abiding people, and under circumstances that raise alarm or immediate concern for the safety of people or property in the vicinity

The fact that a person is out at odd hours, without showing any other suspicious activity, does not necessarily justify an investigative stop.

True

A loitering and prowling charge will require articulating in your report and in court the ______________ to support an arrest.

Totality of the circumstances

Affray

Occurs when someone consents to fight with another person to terrorize other people in a public place.

Charge for urinating in public

disorderly conduct

conditions for breach of the peace or disorderly conduct

the person's actions must endanger the safety of another person or property and occur in a public place or on public transportation, causing a public disturbance

For the offense of breach of the peace or disorderly conduct, document that the suspect's action:

- corrupts public morals

- outrages public sense of decency

- affects the peace and quiet of people who may witness it

- causes a brawl or fight

When you are on duty, you cannot be a victim of breach of the peace.

True

Intoxication

after consuming substances, a person loses normal control of their body, mental faculties or both.

disorderly intoxication

the suspect was intoxicated and endangered the safety of another person or property, or was intoxicated or drank alcohol in a public place or public transportation, and caused a public disturbance.

The difference between disorderly conduct and disorderly intoxication

the element of intoxication

open house party

A social gathering at a residence that is legal unless minors at the party consume alcohol or drugs.

Most agencies will send multiple officers to an incident involving an open house party because

teenagers may scatter and drive under the influence

Doctor shopping

practice of stealing prescription pads to illegally obtain pharmaceuticals to meet their needs.

Florida Comprehensive Drug Abuse Prevention and Control Act

places all controlled substances regulated under existing federal law into one of five schedules based on medicinal value, harmfulness, and the potential for misuse and addiction.

For possession of a controlled substance, document that the suspect:

- knew that the illicit, controlled substance was present

- exercised control or ownership over the illicit, controlled substance

- knew the substance was an illicit, controlled substance

Possession

to have personal charge of or exercise the right of ownership, management, or control over the thing possessed.

Types of possession

actual, constructive, joint

actual possession

the controlled substance is in the hand of or on the suspect, or in a container in the hand of or on the suspect, or so close as to be within ready reach and is under the control of the suspect.

Mere proximity to a controlled substance is not sufficient to establish possession over the substance when it is not in place that the suspect has control.

True

Constructive possession

The controlled substance is in a place over which the suspect has control, or in which the suspect has concealed it

joint possession

Two or more suspects may jointly possess an article, exercising control over it. In that case, each of those suspects is in possession of that article. (Ex. puff puff pass)

Quantity of cannabis that increase a possession charge to drug trafficking

excess of 25 pounds or 300 plants

Quantity of cocaine that increase a possession charge to drug trafficking

excess of 28 grams

Quantity of hydrocodone that increase a possession charge to drug trafficking

excess of 28 grams

Quantity of meth that increase a possession charge to drug trafficking

excess of 14 grams

Quantity of MDMA (ecstasy) that increase a possession charge to drug trafficking

excess of 10 grams

Quantity of oxycodone that increase a possession charge to drug trafficking

excess of 7 grams

Quantity of LSD (acid) that increase a possession charge to drug trafficking

excess of 1 gram

Trafficking in illicit drugs is a

felony

Drug paraphernalia

All equipment, products, and materials of any kind that are used or intended to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, or contain, conceal, inject, ingest, inhale, or otherwise introduce a controlled substance into the human body.

Possession of drug paraphernalia is a

misdemeanor

Vice crimes

Offenses such as alcohol and tobacco violations, gambling, and prostitution.

The vice crimes that most frequently involve people younger than 21

alcohol and tobacco violations

Chapters 562 and 569, F.S., state that any adult that provides someone younger than 21 with alcohol or tobacco commits a ____

misdemeanor

Possession of alcohol or tobacco by someone younger than 21 is a _______

misdemeanor

For gambling, document that the suspect:

played or engaged in a game of chance at any place, by any device, for money or other thing of value.

Characteristics of organized crime operations

- has a specific structure, usually hierarchical or paramilitary

- has both criminal businesses and legitimate, for profit, or not-for profit businesses

- provides a product or service in a particular market and rarely shares areas of crime or territory with other organized crime groups

- the loss of one source of income will not necessarily eliminate its profit

Methods used to combat organized crime

asset forfeiture, concentration on vice offenses, intelligence gathering, interagency cooperation, and prosecution under the racketeer influenced and corrupt organization (RICO) act