CL CH 13 Flashcards

Flashcards on Crimes Against Property

John locke quote

the protection of private property is the primary obligation of the government

5th amendment

prohibits the taking of property w/o due process of law

larceny

CL - tresspassory taking and carrying away of the personal property of another with the intent to permanently deprive the individual of possession of the property

• early English law punished the taking of property by force (evolved into robbery

trespassory taking

a wrongdoer who removes goods or money from the possession of another w/o consent

• derived from an ancient latin legal term

there can be no larceny w/o a trespass and there can be no trespass unless the property was in possession of the one from who it is charged to have been stolen

custody

temporary and limited right to control property

• developed in response to evolving economic conditions in GB (ag culture to manufacturing center)

carrier case of 1473

a carrier was entrusted with bales of dye to deliver, but instead of delivering them he opened the bales and took the goods for himself

court ruled that breaking open the bales (breaking bulk) was enough to count as trespass, making it larceny

before this case, if someone was given possession of goods legally and then decided to steal it it WASNT larceny because there was no trespass (no unlawful taking by force

employee larceny

employees are considered to have custody rather than possession over materials provided by an employer (tools, trucks)

• constructive possession

ownership v possession

a jeweler is repairing your watch

when you wait as the jeweler repairs you watch you retain possession and ownership, and the jeweler has custody

if you leave your watch with the jewler, the law says that although you own the watch, the jeweler has possession until it is retuned to you

the jeweler WILL NOT be guilty of larceny if he refuses to return the watch unless you pay an additional $50

asportation

there must be a taking (caption) and movement (asportation) of the property

movement of the object=proof that a person has asserted control and intends to steal the object

• requires domination and control over the property

• can be slight or brief movement

ex- a pickpocket who manages to move a wallet only a few inches inside the victims pocket may be convicted of larceny

can also be accomplished through an innocent party

ex- unlawfully selling a neighbors boke to an innocent purchaser who rode off with the bike

MPC asportation

Abandon the requirement of asportation and provide. set a person is guilty of theft if the individual unlawfully takes or exercises unlawful control over property

property of another CL

tangible personal property (jewelery, crops, paintings, domesticated animals)

• removed property

property not subject to larceny ( services, real estate, crops, intangible property like checks, cc #’s and car titles)

• attached property

property of another Modern

all varieties of property are subject to larceny

• must be of another

• crime against possession and is concerned with the taking of property from an individual who has a superior right to possess the object

Mens rea of larceny

the intent to permanently deprive another of the property

• An unreasonable length of time or has an intent to act in a fashion that will probably dispossess a person of their property

• Property that is abandoned has no owner, and it's not subject to larceny because it is not the property of another individual

there must be concurrence between the intent and the act

ex- its not larceny if after borrowing your neighbors car, you find that it is so much fun to drive that you decide to steal it

• the intent and act do not concur

grand larceny

a serious larceny

determined by the values of the property that is taken

• felony

petit larceny

a minor larceny

Typically involving the taking of property valued at less than a designated monetary amount

• misdemeanor

value

the market value of the property and the time and place of the crime

• determining dollar amounts varies

embezzement

the fraudulent conversion of the property of another by an individual in lawful possession of the property

no uniform definition

• can be a misdemeanor or felony depending on the value of the property

• Typically committed by an individual to whom you entrust your property (If individuals who are not entrusted with property convert their property to their own use, it is not embezzlement

REQUIRES LAWFUL POSESSION AND TRUST

parts of embezzlement

fraudlent (deceitful)

conversion of (the serious interface with the owners’ rights)

the property (statutes generally follow the law of larceny in specifying the property subject to embezzlement)

of another (you can’t embezzle your own property)

by an individual in lawful possession of the property (the essence of embezzlement is the wrongful conversion by an individual in possession

rex v bazeley 1799

A bank teller recorded a customer's deposit, but put the money in his own pocket

Court ruled that since he had possession of the money, he couldn't be convicted of larceny, leading to his release

In response to this, the English Parliament quickly passed a law that held servants, clerks and employees criminally liable for the fraudulent misdemeanor of embezzlement of property.

embezzlement v larceny

embezzlement= When someone legally possesses property, but later fraudulently keeps or uses it for themselves

• may arise any time after taking possession

Larceny= when someone unlawfully takes property they had no right to possess

• Requires the intent to deprive a person of possession at the time that the perpetrator takes the property.

batin v state

Defendant, who was a casino slot mechanic, was convicted of embezzling money from a slot machine “bill validator” where paper currency was stored

Nevada Supreme Court overturned the conviction, ruling that a defendant had no authorized access to the bill validator and was never entrusted with the money

larceny by trick

obtaining possession by misrepresentation or deceit

• unlawfully seizes and takes your property

false pretenses

obtaining title and possession of property of another by a knowingly false representation of a present or past material fact with the intent to defraud that causes individuals to pass title to their property

ex- individual trades a fake diamond ring that is falsely represented to be extremely valuable in return for a title to farmland

actus reus of false pretenses

a false representation of the fact

must be of the past or present

ex- this was Abe Lincolns house/ this is a diamond ring

not included: a future promise, silence, opinion or exaggeration

• knowingly with the intent to defraud

mens rea of false pretenses

require that the false representation of an existing or past fact be made “knowingly and designedly with the intent to defraud

• knows statement is false and makes the statement with the intent to steal

• recklessness is sufficient

you cannot steal what you reasonably believe you are entitled to own

larceny v false pretenses

larceny= require the taking and carrying away of the property

false pretenses= only requires a transfer of title and possession

people v abbott

defendant and her son deceived an elderly woman by pretending her car was leaking oil

they poured coffee under the vehicle to create and illusion of the problem then falsely claimed her breaks were faulty

defendant warned her about going to a repair shop and convinced her to pay $1400 for a fix that they never preformed

• sentenced to 2-4 years of prison

theft

consolidated stat law punishing larceny, embezzlement, and false pretenses

directed against unlawful interference with others property

• Consolidated theft statues make it easier for prosecutors to charge and convict defendants of a property offense (usually do not have to specify what kind of theft) (proven BRD)

  usually grade by the severity of property value (aggravating or mitigating factors can increase or decrease charges)

MPC and some other statutes include receiving stolen property, blackmail, extortion, theft of services, etc

identity theft

stealing of an individual persons information

Can lead to economic damage and husband called the crime of the 21st century

• ss numbers, bank account info, CC numbers (enables thieves to borrow money and make expensive purchases in your name

Roughly 15% of identity thefts are committed by victim's family members, friends, neighbors or coworkers

bjs- 17.6 million Americans were victimized by identity theft in 2014

most common: Misuse or attempted misuse of an existing account, such as the fraudulent use of a credit card

identity theft and assumption deterrence act 1998

This law establishes a new offense for identity theft, prohibiting the unauthorized transfer or use of someone else's identification to commit or assist in unlawful activities that violate federal, state, or local laws

• name, DOB, SS #, passport #, passport voice print, fingerprint

state v green

A Kansas court ruled that each use of a stolen credit card counts as a separate crime

The defendant was convicted of three counts of identity theft for opening credit accounts at different stores using someone elses identity

Court explained that while stealing harms the victim once, each fraudulent credit card transaction damages the victims credit history and financial standing.

computer crime

Crimes involving the computer

• Unauthorized access to computers, computer programs, and networks

• The modification or destruction of data and programs

• The sending of mass unsolicited messages and messages intended to trick and deceive

lund v commonwealth

A Virginia Tech student access the university's computer system without authorization using over $26,000 of computer time

Since departments were allocated credits rather than actual funds, the Virginia Supreme Court ruled that computer time and services did not qualify as larceny or false pretenses under state law, as they couldn't physically be taken and carried away

people v puesan

In 2013 defendant who was a time worker employee illegally access confidential customer data by installing a keystroke logger on company computers

Convicted under New York's computer crime statute and sentenced to five years’ probation.

recieving stolen property

accepting stolen property knowing it to be stolen with the intent to permanently deprive the owner of the property

• no such offense under CL

• in 1827, parliament passes an additional statute declaring that receiving stolen property was a criminal offense

• either punished as a felony or misdemeanor depending on the value of the property

requirements for receiving stolen property

1. recieve property

2. know the property to be stolen

3. have the intent to permanently deprive the owner of the property

why punish receiving stolen property

theifs typically sell stolen property to individuals who earn a living by buying and selling stolen property (fencing)

• intended to deter fencing

• generally, a defendant may not be charged with both stealing and receiving stolen property

actus reus of receiving stolen property

requires that an individual control the stolen property however briefly

can take either actual possession of the property by arranging for the property to be delivered to a specific location or to another individual

recieving stolen property traditionally v today

traditionally= limited to goods that were taken and carried away in an act of larceny

today= follows MPC to punish the recipient of stolen property regardless of the method of theft

other statues for receiving stolen property

cover both personal and real property

• mpc limits the statue to personal property on the grounds that this property is disposed of through fences and that is not the case with real estate

actual v constructive property

actual= car ownership, clothing, houses (physically owning)

constructive= bank accounts (someone else managing your funds) land lords buildings(own but may not possess)

real v personal property

real= intangible (land, attached trees, mineral rights)

personal= tangible (anything not permanently attached to land, jewelry, clothes

mens rea of receiving stolen property

requires an actual knowledge that the goods are stolen’

• other statutes broader by providing that it is sufficient for an individual to believe that the goods are stolen

• reckless or negligence standard (applied to owners of junk yards, pawn shops and other where they neglect to investigate the circumstances under which the seller obtained property

  recipient of stolen property must also have the mens rea to permanently deprive the owner of possession

state v belt

defendant met illsley in a parking lot and bought 3 VCR’s for $300

illsely claimed he has originally paid $1200 for them

he mentioned that she names, and serial #’s had been removed

defendant didn’t care and he knew he was purchasing stolen VCR’s

concurrence for receiving stolen property

required to permanently deprive an individual of possession must concur with the receipt of the property

MPC says: says that the required intent may arise when the individual receives and only later decides to deprive the owner of possession

forgery

creating a false legal document or the material modification of an existing legal document with the intent to deceive or defraud others

• originated in the punishment of individuals who used or copied the king’s seal w/o authorization

• complete upon the drafting of the document regardless of whether it is actually used to defraud others

uttering

circulating or using a forged document

typically limited to documents that possess “legal significance”

• mpc extends all varieties of documents, checks, currency, passports, deeds, diplomas, cc’s, tickets, work permits

elements to establish forgery (proven BRD)

• a false document or material modification of an existing document that is…

• written with intent to defraud and

• if genuine would have a legal significance

elements of uttering

offering a forged instrument that is known to be false and is presented as authentic with the intent to defraud or deceive

public police behind committing forgery

ensure that people are able to rely on the authenticity or truth of documents

actus reus of forgery

falsley making or materially altering an existing document

material modification is a change or addition that has legal significance

the document itself may be false, or the material statement is in the document may be materially false

mens rea of forgery

requires the intent to defraud

need not to be directed against a specific individual

uttering mens rea and actus reus

offering a document as genuine that is known to be false with the intent to deceive

• different from forgery, but usually included in a single statute

simulation

punishes the creation of false objects with the purpose to defraud (antique furniture, paintings, jewelry)

Makes or alters an object so that it appears to have value

requires proof of a purpose to defraud or proof that individuals know that they are facilitating a fraud

• made by mpc, several states follow

robbery

taking personal property from an individual’s person or presence by violence or intimidation

• aggravated larceny

• trespassory taking and carrying away of the personal property of another with the intent to steal

distinugished from larceny by:

• the personal property must be taken from the victim’s person or presence

• must be achieved by violence or intimidation

actus reus of robbery

property must be taken from the person or presence of the victim

• hands or pockets is attached to the victims body (an earring) or clothing (a key chain)

property must be taken with violence or intimidation

• mpc requires serious bodily injury

• threat can be implied

property must be within the proximity and control of the property

mens rea of robbery

possess the intent to permanently deprive an individual of property

defendants may rely on the familiar defense that they intended only to borrow the property, or were playing a practical joke

claim of right may not be a defense

• ex- honest belief that the victim owed them money

concurrence of robbery

the intent to steal and the application of force or intimidation must coincide

• violence or intimidation must be employed for the purpose of taking

grading of robbery CL

theft of property that terrorized the victim resulted in the death penalty

grading of robbery today

statutes generally distinguish between simple and agg robbery (degree of dangerousness, not value of property)

robbery aggravating factors

dangerous or deadly weapon or warned the victim that the robbery possessed a firearm

• robber used dangerous instrument (knife, axe, agg animal, hammer)

• inflicted serious bodily injury

• carried out theft with an accomplice

car jacking

taking a motor vehicle in the possession of another, from the person or the persons immediate presence by force and against the persons will

• newly recognized crime that is punished under both federal and state statutes

• form of robbery

must be accomplished by force of fear, but the perpetrator is not required to intend to permanently steal the automobile

trend of car jacking

find defendant guilty when an automobile is seized and not require the perpetrator to move the automobile

• victim does NOT need to be in the car

punishment is based on degree of harm and apprehension caused by the offense

extortion CL

punished the unlawful collection of money by a government official

• expanded to punish threats by private individuals as well as public officials

extortion today

the taking of property from another by threat of future violence or action (ex- circulating secret or embarrassing info) by threat of a criminal charge or by threat of inflicting economic harm with specific intent to deprive a law possession of money or property

ex- pay me or ill ruin your reputation

most states: extortion complete when threat is made

may be money, property, or valuable items (includes services)

robbery v extortion

robbery= threat of immediate violence (committed in presence of the victim

extortion= threat of future violence or other harms (may be communicated over the phone or in a letter)

blackmail

taking property through the threat to disclose secret or embarrassing info

bribery

money or valuable benefit is offered or provided to a public official in return for official’s action or inaction

• intent to corruptly influence an official ion the conduct of the officials office