MU

Crimes against Property and Related Offenses – Comprehensive Notes (Transcript-Based)

Crimes against Property and Related Offenses

  • Crimes against property are the second broad classification of crimes; object of the crime is property rather than a person.

Arson

  • Definition: arson occurs when a person sets a fire or causes an explosion with the intent to destroy a building or an occupied structure belonging to someone else.
  • Notable examples mentioned: Oklahoma City bombing (Timothy McVeigh); bombing of the Twin Towers (terrorist act, touches on arson as a property crime with broader implications).
  • Insurance fraud angle: cases where fires are set to collect insurance (example referenced in San Antonio, off of 410).
  • Scope of targets: arson can involve fires/explosions in various structures, including those that are occupied or unoccupied.
  • Illegal targets listed: jails/prisons/detention centers, hospitals, nursing homes or health care facilities, department stores, office buildings, businesses, churches, schools, and similar structures.

Embezzlement

  • Definition: taking another person’s property or money, usually by fraudulent means, while having lawful possession due to a position in the business.
  • Common scenario examples:
    • Secretaries, assistants, vice presidents, or other individuals who have access to books and cook the books, then steal or divert funds (offshore accounts, etc.).
    • Sports agent misusing client funds by writing checks and converting funds to personal use.
  • Embezzlement hinges on misuse of entrusted access rather than outright theft of property from possession.

Larceny, Theft, Robbery, and Burglary (distinctions and relationships)

  • Larceny (general definition): taking goods or property of another without consent and against the owner’s will, with the intent to convert the property to someone other than the owner.
  • Petty larceny: value below the statutory limit (example discussed: 1000; current statutory threshold may vary; some references mention 1{,}500 in Texas).
  • Grand larceny: value above the statutory limit (example discussed: above 1{,}500).
  • Theft as a common term: the act of taking property without consent and with intent to deprive the owner of it (often used interchangeably with larceny).
  • Robbery (as a form of larceny): occurs when, in the course of theft, the offender inflicts serious bodily injury or puts the victim in fear of immediate or serious bodily harm (example: approaching a jogger with a knife and taking a phone).
  • Burglary: entering a building or occupied structure with the purpose of committing a crime inside; the crime of breaking in can occur even if the crime inside does not occur.
    • Important nuance: Breaking into a building is burglary; simply entering a building that is open to the public during business hours and stealing (e.g., department store) is not burglary.
    • Once inside, the crime committed inside may be larceny, but burglary itself is the act of unlawful entry with intent to commit a crime.
  • Relationship recap (as discussed):
    • Arson is linked to grand arson in context of property crimes.
    • Larceny relates to theft; burglary relates to illegal entry; embazzlement relates to fraudulent use of funds; larceny also connects to theft and robbery; petty larceny relates to counterfeiting (per the speaker’s mapping, though this mapping is not a standard legal taxonomy everywhere).

Forgery and Counterfeiting

  • Forgery: creation of a false document or the alteration/causing a document to be false with intent to defraud; includes signing another person’s name without authorization.
    • Example: stealing checks from a purse and attempting to pass them off with a forged signature.
    • Related point: credit card abuse can be connected to forgery but is a distinct category with its own rules.
  • Counterfeiting: copying or imitating something without authority to defraud; commonly involves money but can apply to other items.
    • Examples discussed: counterfeit travelers checks, counterfeit passports, counterfeit tickets to events.
    • Real-world note: counterfeit tickets can lead to admitting that a person’s entry was based on a fake document.

Recap of property-crime relationships

  • Arson → grand arson (and related property destruction).
  • Embezzlement → involves burglary/theft dynamics due to fraudulent management of funds.
  • Larceny → theft; robbery occurs when bodily harm or fear is involved during the theft.
  • Burglary → unlawful entry to commit a crime inside; not dependent on the actual theft inside.
  • Forgery → connected to larceny/robbery as crimes involving fraud; counterfeit relates to petty forms like counterfeit currency.

Drug offenses (overview and key concepts)

  • Statutory framework: Drug laws are statutes at state and federal levels; penalties vary by category and level of offense (manufacture, sale, use, possession).
  • Drug definition: a drug is any substance recognized as such by the official U.S. pharmacopoeia/health system; drugs are substances used to diagnose, cure, mitigate, treat, or prevent diseases in people or animals.
  • Controlled substances: defined by schedules (commonly six schedules) that regulate abuse potential and medical use.
  • Narcotic drugs: addictive drugs posing greater danger to public health and safety; can be manufactured via extraction, chemical synthesis, or a combination; examples include opium, opiates, derivatives of opium/opioids, poppy straw, and concentrations; coca leaves (and processing steps) are also mentioned.
  • Processing example referenced: opium gum from poppy plants; heroin production; for cocaine, processing involves soaking coca leaves in kerosene (not recommended, but mentioned).
  • Street drugs and names: a broad range of narcotics and other controlled substances exist with various street names and forms; keeping up with terminology is challenging.
  • Paraphernalia: objects used to plant, grow, harvest, process, prepare, test, analyze, package, store, or conceal controlled substances; includes items used to ingest or inhale drugs (e.g., marijuana, cocaine, hashish, oils).
    • Paraphernalia examples: pipes, water pipes, roach clips, spoons, mini spoons, storage vials, chamber pipes, etc.
  • Drug paraphernalia offense: having drug paraphernalia can itself be a crime.
  • Drug paraphernalia note: mention of recent Texas legislative developments around CBC (cannabinoid/hemp) and its legal status; aspiration to research further for clarity.

Drug schedules (typical framework)

  • Schedule I: high potential for abuse; no accepted medical use in the United States; not for sale in medical treatments.
  • Schedule II: high potential for abuse; accepted medical use in the United States but with severe restrictions; highly addictive.
  • Schedule III: less potential for abuse; accepted medical use; may lead to moderate or low physical dependence but strong psychological dependence.
  • Schedule IV: low potential for abuse; accepted in the medical community.
  • Schedule V: lowest potential for abuse; does not typically create physical or psychological addiction.
  • Schedule VI: most dangerous; not accepted for medical use in the United States; not safe even under medical supervision; can cause serious addiction and high risk to public health.

Victimless crimes and person-specific offenses

  • DWI / DUI: Driving Under the Influence or Driving While Intoxicated; impairment can trigger penalties even if not at a specific numeric limit; presence of a legal impairment threshold matters for charging.
  • Prostitution: defined as engaging in sexual activity as a business or as a member of a house of prostitution; historically labeled as a victimless crime by some, though arguments exist about whether victims exist in certain contexts.

Accessories, accomplices, and conspiracy (liability beyond the principal actor)

  • Accessory: a person not present at the crime but who aided or instigated, aided concealment, or otherwise contributed to the crime.
    • Accessory before the fact: ordered, counseled, encouraged, or aided the crime but was not present when it occurred.
    • Accessory after the fact: knew a crime was committed and provided aid to the offender in avoiding punishment (e.g., hiding, harboring).
  • Accomplice: knowingly, voluntarily, and with the same intent as the principal, joins in the commission of the crime and is actually present when the crime is committed; can be held liable for the crime.
  • Accomplice liability (a.k.a. aiding and abetting): criminal responsibility for acting with another before, during, or after the crime to plan, assist, or facilitate.
  • Conspiracy: an agreement between two or more people to commit a criminal act through joint activity; involves planning and agreement to commit an offense.

Racketeering and the RICO Act

  • Racketeering: organized crime activity involving illegal acts or threats such as murder, kidnapping, gambling, arson, robbery, bribery, extortion, dealing with obscene materials, etc.
  • RICO Act (Racketeer Influenced and Corrupt Organizations Act): targets organized crime; used against groups engaging in racketeering activities.
  • Scope examples given: extortion (protection rackets), bribery, arson, robbery, gambling, obstructing etc., including handling obscene materials and pornography (e.g., storing pornography on work computers was referenced).
  • Typical racketeering pattern: protection money paid to a racketeer to avoid harm or loss to business; failure to pay leads to threats or harm.

Solicitation

  • Definition: asking, encouraging, or requesting another person to commit a criminal act; liability can attach even if the act is not actually committed.
  • Example: solicitation of prostitution involves asking a person to commit prostitution or offering money; liability can arise if an undercover officer is propositioned and a dollar amount is offered, regardless of whether the act occurs.

General principles and closing notes

  • Criminal liability can attach to planning, aiding, or participating in a crime even if the actor does not physically commit the act.
  • Crimes involving drugs include possession, use, or possession of materials/equipment used to ingest, enhance, manufacture, or transport drugs; state laws vary in specific penalties.
  • The course reference: chapters 10, 11, 12, 13, and 14; exercises related to criminal law are expected.

Study tips tied to the transcript

  • Distinguish between property crimes and crimes against persons.
  • Learn the precise definitions and distinctions, especially among larceny, theft, robbery, and burglary.
  • Understand how embezzlement differs from simple theft due to entrusted possession.
  • Memorize the basic idea of forgery and counterfeiting and their relationship to fraud.
  • Be able to explain the concept of drug schedules and how they influence penalties and medical use.
  • Know the ancillary concepts: drug paraphernalia, DWI/DUI, prostitution as a victimless crime (with caveats), and the roles of accessories, accomplices, conspiracy, and racketeering (RICO).
  • Recognize that liability can arise from planning or aiding a crime, not just from committing it.
  • Revisit your textbook chapters (10–14) for deeper coverage and practice exercises.