Legal Environmental Business | Ch. 10 Criminal Law & Cybercrime

Crime

A wrong against society, punishable by law.

Criminal Law

Protects society; punishable by fines, imprisonment, or death.

Felony

Serious crime punishable by imprisonment for more than one year or death (e.g., murder, arson). (serious)

Civil Law

Protects private rights; remedies usually monetary.

Misdemeanor

Less serious crime punishable by less than one year in jail or fines (e.g., petty theft, simple assault). (minor)

White-Collar Crime

Non-violent, financially motivated crimes committed by business professionals (e.g., fraud, embezzlement).

Cybercrime

Crimes committed using computers or the internet. Examples: hacking, identity theft, phishing.

Actus Reus

The wrongful act (physical act or conduct).

Mens Rea

The guilty mind; intent or knowledge of wrongdoing.

Concurrence

The act and intent must occur together.

Causation

The act must cause the harm.

General Intent

Intent to perform the act that is prohibited by law.

Specific Intent

Intent to achieve a specific result beyond just committing the act.

Strict Liability Crimes

Liability exists regardless of intent (e.g., selling alcohol to minors).

Vicarious Liability

A company can be held liable for crimes committed by employees within the scope of employment.

Responsible Officer Doctrine

Corporate officers may be held criminally liable for failing to prevent violations.

Hacking

Unauthorized access to computer systems.

Phishing

Fraudulent attempts to obtain sensitive information via email or fake websites.

Identity Theft

Stealing personal information to commit fraud.

Malware

Software designed to disrupt, damage, or gain unauthorized access to computer systems.

Denial-of-Service (DoS) Attack

Overloading a system to make it unavailable to users.

Computer Fraud and Abuse Act (CFAA)

Makes hacking and unauthorized access to computers a federal crime.

Digital Millennium Copyright Act (DMCA)

Protects copyrighted material online and makes circumventing copyright protections illegal.

Electronic Communications Privacy Act (ECPA)

Prohibits unauthorized interception or access to electronic communications.

Infancy

Too young to understand the crime.

Intoxication

Voluntary or involuntary impairment may affect criminal intent.

Insanity

Unable to understand the wrongfulness of the act.

Mistake of Fact

Belief that the act was legal or harmless.

Self-Defense

Using reasonable force to protect oneself from immediate harm