Chapter 10 – Crimes Against Property

Arson

The willful and malicious burning of a person’s property

Intentionally burning a building to defraud the insurance company is a separate crime from arson

Church Arson Prevention Act of 1996 – this act helps oversee the investigation and prosecution of arson at places of worship across the United States

Vandalism

Malicious mischief, willful destruction of, or damage to, the property of another

Includes breaking windows, ripping down fences, writing graffiti, and breaking off hood ornaments

Can be a felony or a misdemeanor based on the extent of the damage

Larceny

Unlawful taking and carrying away of the property of another person against his or her will with intent to permanently deprive the owner of it

Divided into two classes: grand and petty – depends on the value of the stolen item Grand Larceny – theft of anything of value above $1000 in NYS

Becomes a felony Petty Larceny – theft of anything of value below $1000 in NYS

Becomes a misdemeanorCan be charged with larceny for keeping lost property

or packages delivered to you by mistakeShoplifting – form of larceny – taking items from a

store without paying or intending to pay for themConcealment – attempted shoplifting

Embezzlement

Unlawful taking of property by someone to whom it was entrusted

Examples: Bank teller take money from the cash drawer Stockbroker who takes money that should have been

invested Many states have merged the crimes of

embezzlement, larceny, and obtaining property by false pretenses into the statutory crime of theft

Robbery

Unlawful taking of property from a person’s immediate possession by force or intimidation

It is a crime against a person and property (2 harms) Theft of property and actual or potential physical harm to the

victimDifference between robbery and larceny is the use

of force Larceny – no force or harm Robbery – force and/or harm

Robbery is typically a felony, but many states impose stricter penalties for armed robberies

Extortion

Also known as blackmail – the use of threats to obtain the property of another

Generally cover threats to do future physical harm, destroy property, or injure someone’s character/reputation

Example: A person who threatens to injure you or your property

unless you give him your car

Burglary

Originally defined as breaking and entering the dwelling of another person during the night with intent to commit a felony

Modern laws have broadened the definition to include the unauthorized entry into any structure with the intent to commit a crime, regardless of the time of day

Stiffer penalties for burglaries committed at night, burglaries of inhabited dwellings, and burglaries committed with weapons

Forgery

A person falsely makes or alters a writing or document with intent to defraud

Uttering – offering to someone a document as genuine although it is known to be a fake

Example: Signing the name of another person to a check or

another document without their permission Changing or erasing parts of a previously signed

document

Receiving Stolen Property

If you receive or buy property that you know or have reason to believe is stolen (knowledge that the property is stolen may be implied by the circumstances

Unauthorized Use of a Vehicle (UUV)

A person unlawfully takes a motor vehicle without the owner’s consent and only

If the person intends to take the car permanently, then the crime may be larceny or auto theft

Carjacking – a person uses force or intimidation to steal a car from a driver Federal crime and is punishable by a sentence of up to

life in prison

Cybercrime

Also known as computer crime – describes a wide range of actions that involve computers and computer networks in criminal activities

US Digital Millennium Copyright Act of 1998 – makes copying of copyrighted music illegal, with the exception of making a copy for your own use

Children’s Internet Protection Act in 2000 – requires that all public schools and libraries purchase and install filtering software on all of their student-accessible computers and establish certain Internet safety policies or risk federal funding for technology

Computer Fraud and Abuse Act of 1986 – provided the government with a specific law to prosecute hackers

National Information Infrastructure Act of 1996 – makes it illegal to threaten to cause damage to a computer system to coerce the owner to give the perpetrator something of value

USA Patriot Act of 2001 – cyber-terrorism