Chapter 7 Property and Related Crimes
Chapter Outline
Introduction
Serious Property Offenses
Larceny-Theft
Common Law Larceny-Theft
Trespassory Taking
A Carrying Away
Personal Property of Another
With the Intent to Steal
Modern Theft Codes
Burglary
Common Law Burglary
Statutory Burglary
Motor Vehicle Theft
Arson
Common Law Arson
Statutory Arson
Less Serious Property Offenses
Embezzlement
Fraud
Fraud Against the Elderly
Mortgage Fraud
Mail and Wire Fraud
Health Care Fraud
Securities Fraud
False Pretense
Stolen Property: Buying, Receiving, Possessing
Malicious Mischief
Trespass
Extortion or Blackmail
Computer Crimes
Identity Theft
Controlling Computer Crimes
Carjacking
Summary
Study Questions
For Debate
Key Terms
Case Analysis
Internet Activity
Endnotes
Key Terms
Arson: Any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, or personal property of another person. Some statutes include the burning of one’s own property with the intent to defraud.
Bailee: A person to whom goods are entrusted by a bailor.
Bailor: A person who entrusts goods to another party, known as the bailee.
Blackmail: Similar to extortion, this crime is usually associated with the unlawful demand for money or something else of value by threats to expose some embarrassing or disgraceful allegation or fact about the target, to accuse that person of a crime, or to do bodily harm to him or her or damage that person’s property.
Burglary: Breaking and entering any type of enclosed structure without consent and with the intent to commit a felony therein.
Carjacking: Auto theft by force or threat of force, especially force involving a deadly weapon.
Computer crime: Crimes committed by use of the computer. Computer criminals have developed programs that access, scramble, or erase computer files and that aid in theft as well as the invasion of privacy and stealing of a person’s identity.
Constructive possession: A legal doctrine referring to the condition of having the power to control an item along with the intent to do so.
Conversion: The process of using the property or goods of another for one’s own use without permission.
Curtilage: The enclosed ground, garage, barn, stable, cellar, or other buildings immediately surrounding the dwelling.If there is no fence, the buildings considered to be within the curtilage have to be reasonably close enough to the dwelling to be fenced.
Cybercrime:The use of the computer to commit a crime through the Internet.
Embezzlement:Misappropriating or misapplying property or money that was already entrusted to the individual.
Extortion: Obtaining property from another by wrongful use of actual or threatened force, fear, or violence, or the corrupt taking of a fee by a public officer, under color of his or her office, when that fee is not due.
False pretense:Obtaining title to property by falsely representing facts to the owner with the intent to defraud.
Fence: A person who receives stolen property from a thief and, in turn, disposes of it in a profitable manner.
Grand larceny:See Petit larceny.
Identity theft:The stealing of a person’s social security number or another personal identifier, such as a bank account number, and using that information to steal from the person.
Larceny by trick: Deceptively obtaining possession of goods from a victim who surrenders possession voluntarily and without knowledge of the deceit involved.
Larceny-theft: The unlawful taking, carrying, leading, or riding away of property from the possession of another with the intent to steal. Larceny may be categorized as petit or grand, depending on the value of the stolen property.
Malicious mischief: The malicious destruction or infliction of damage to the property of another.
Obstruction of justice: Interference with the orderly processes of courts such as by destroying documents.
Petit larceny: Petit literally means “small.” Petit larceny, in contrast to grand larceny, refers to the stealing of smaller amounts. Generally the statutes will specify the amount of money that must be stolen to move from a charge of petit to one of grand larceny.
Property crimes: Crimes that are directed toward property rather than toward the person.
The four major property crimes as categorized by the FBI are burglary, larceny-theft, motor vehicle theft, and arson.
Restraining order: A judicial order forbidding a specific person to do something—for example, contact or go within a certain distance of a specific person, such as an estranged spouse.
Securities: Stocks, bonds, notes, and other documents that are representative of a share in a company or a debt of a company.
Trespass: The crime of entering or remaining unlawfully in or on the premises (including land, boats, or other vehicles) of another under certain circumstances as specified by statute.
Whistle-blower claims: Claims that expose a person, group, or business for engaging in illegal acts, such as fraud. Statutes have been enacted to provide protection for an employee who is fired for filing a whistle-blower claim, such as reporting financial improprieties of a company.
Chapter Overview
- Larceny-theft is the oldest common law crime, but in the past it looked very little like the crime of today. In fact, there are many ways to carry out theft today.
- Burglary is similar to robbery but must be distinguished from it. It has also changed since the common law.
- Motor vehicle theft is defined slightly differently from state to state.
- Common law arson was very narrow, but it has grown to include nearly everything that can burn.
- Modern notions of embezzlement and fraud were not crimes at common law; they evolved for reasons related to policy and economics.
- Fraud continues to grow and now falls into many categories such as mortgage fraud, mail and wire fraud, health care fraud, and securities fraud.
- Stolen property is rarely used by the person stealing it—hence the development of receiving stolen property as a crime.
- The vast expansion of computing technology has opened the doors for new forms of crime involving computers, including identity theft.
Learning Objectives
After studying this chapter the student will:
- Know that larceny-theft is the oldest of the common law theft crimes.
- Be able to define larceny-theft.
- Be able to explain the difference between the common law and modern theft codes.
- Be able to define common law burglary and explain how it differs from the modern offense.
- Be able to define arson at the common law and under modern codes.
- Be able to define embezzlement and wire fraud.
- Be able to recognize and discuss the various types of fraud offenses.
- Know the elements of possession of stolen property.
- Know the elements of the offense of trespass.
- Be able to recognize the difference between extortion and blackmail.
- Be able to name the kinds of computer crimes.
- Be able to define identity theft.
- Be able of define carjacking.
Review Questions
- What is larceny-theft, and where did it originate?
- What are the elements of larceny-theft?
- Discuss the differences in the common law theft law and the modern code statutes.
- How does the common law offense of burglary differ from the modern statutes?
- How is arson different today from the common law offense?
- What are the common law elements of arson?
- What does the term fraud mean?
- In mail and wire fraud cases the government must prove three elements. What are those elements?
- Briefly explain the need for whistle-blower legislation, and explain what it is.
- Explain the evolution of the crime of receiving stolen property from the common law to modern statutory schemes.
- How does malicious mischief differ from larceny-theft?
- Discuss the similarities and differences between extortion and blackmail.
- How do we define computer crime?
- How does computer crime differ from cybercrime?
- How has the federal government attempted to prevent identity theft?
Multiple Choice Questions
1. The oldest common law theft crime is:
a. robbery.
b. larceny-theft.
c. burglary.
d. fencing.
2. Crimes related to securities are prosecuted by the:
a. U.S. Department of Justice.
b. circuit courts.
c. local prosecutor.
d. district court.
3. A person who receives stolen property from a thief and in turn disposes of it in a profitable manner is called a:
a. principal.
b. fence.
c. bailee.
d. bailor.
4. Which of the following is an element of larceny-theft?
a. a trespassory taking
b. a carrying away
c. the intent to steal
d. All of these are elements of larceny-theft.
5. Under common law, which of the following was true in regard to arson?
a. Negligence was sufficient to establish arson.
b. Criminal intent was not necessary.
c. The requirement of burning did not require that the dwelling be burned completely.
d. You could commit arson by burning your own dwelling.
6. Which crime constitutes the largest number of property crimes in the United States in 2010?
a. robbery
b. arson
c. larceny-theft
d. burglary
7. ______refers to the theft of an auto by use of force or the threat of force, especially force involving a deadly weapon.
a. Carjacking
b. Motor vehicle theft
c. Hijacking
d. Joyriding
8. Which crime involves the stealing of a person’s social security number, possibly along with other personal identifiers such as a bank account number, and using that information to steal from the person?
a. cyberstalking
b. extortion
c. conversion
d. identity theft
9. What type of crime targets individuals willing to “invest” their savings and other assets in order to make the promised “big bucks?”
a. conversion
b. identity theft
c. extortion
d. fraud against the elderly
10. In June 2010 the FBI announced which nationwide projectthat targets mortgage fraudsters?
a. Operation House Fraud
b. Operation Dream Fraud
c. Operation Stolen Dreams
d. Operation Stolen Mortgage
11. ______is a property crime similar to larceny-theft in that it involves a crime against the property of another but dissimilar in that it does not require taking the property away or intending to deprive the owner of possession.
- Unauthorized use
- Fraud in the taking
- Reckless destruction
- Malicious mischief
12. Sarbanes-Oxley is the first and only federal statute to provide for______claims to protect fired employees.
- insider trading
- securities fraud
- fraud in the inducement
- whistle-blower
13. ______refers to the process of using the property or goods of another for one’s own use and without permission.
a. Conversion
b. Extortion
c. Securities fraud
d. Copyright infringement
14. In 1984 Congress added which type of crime to the federal statute that provides for sanctions against writing checks with insufficient funds as well as crimes associated with the failure of banks and other financial institutions?
a. bank fraud
b. theft
c. robbery
d. embezzlement
15. Which of the following is a crime referring to the entering or remaining unlawfully in or on the premises (including land, boats, or other vehicles) of another person under certain circumstances as specified by statute?
a. burglary
b. trespass
c. robbery
d. breaking and entering
16. ______refers to deceptively obtaining possession of goods from a victim who surrenders possession voluntarily and without knowledge of the deceit involved.
a. Petit larceny
b. Burglary
c. Larceny by trick
d. Robbery
17. ______possession is a legal doctrine that refers to the condition of having the power to control an item along with the intent to do so.
a. Hostile
b. Adverse
c. Notorious
d. Constructive
18. What refers to falsely representing a fact, either by conduct or by words or writing, in order to induce a person to rely on the misrepresentation and surrender something of value?
a. embezzlement
b. fraud
c. theft
d. conversion
19. What refers to misappropriating or misapplying property or money that was already entrusted to the individual?
a. theft
b. burglary
c. embezzlement
d. conversion
20. The common law arson requirement that the burning be of a/anwas identical to that of common law burglary.
a. building
b. dwelling
c. person
d. All of the above
Fill-in-the-Blank Questions
1. ______A person who receives stolen property from a thief and, in turn, disposes of it in a profitable manner.
2. ______Breaking and entering any type of enclosed structure without consent and with the intent to commit a felony therein.
3. ______Auto theft by force or threat of force.
4. ______Deceptively obtaining possession of goods from a victim who surrenders possession voluntarily and without knowledge of the deceit involved.
5. ______A legal doctrine referring to the condition of having the power to control an item along with having the intent to do so.
6. ______The process of using the property or goods of another for one’s own use and without permission.
7. ______Any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, or personal property ofanother person.
8. ______Falsely representing a fact, either by conduct or by words or writing, in order to induce a person to rely on the misrepresentation and surrender something of value.
9. ______A person who entrusts goods to another party.
10. ______Interference with the orderly processes of civil and criminal courts.
11. ______Computer crime that involves the Internet.
12. ______Misappropriation or misapplication of money or property entrusted to one’s care, custody, or control.
13. ______Crimes that are directed toward property rather than toward the person. The four major property crimes as categorized by the FBI are burglary, larceny-theft, motor vehicle theft, and arson.
14. ______A person to whom goods are entrusted.
15. ______The unlawful taking, carrying, leading, or riding away of property from the possession of another with the intent to steal.
16. ______The cruel destruction or infliction of damage to the property of another.
17. ______The enclosed ground and buildings immediately surrounding a dwelling place or house; may also include grounds that are not enclosed but that are considered part of the area.
18. ______Obtaining property from another by wrongful use of actual or threatened force, fear, or violence, or the corrupt taking of a fee by a public officer under color of his or her office when that fee is not due.
19. ______A judicial order forbidding a specific person to do something, for example, to contact or go within a certain distance of a specific person, such as an estranged spouse.
20. ______Stocks, bonds, notes, and other documents that are representative of a share in a company or a debt of a company.
21. ______Claims that expose a person, group, or business for engaging in illegal acts, such as fraud.
22. ______Representation of some fact or circumstance that is not true and that is meant to mislead the other party.
23. ______The stealing of an individual’s Social Security number or other important information and using that information to commit crimes, such as removing funds from the victim’s bank account.
24. ______The entering or remaining unlawfully in or on the premises (including land, boats, or other vehicles) of another under certain circumstances as specified by statute.
25. ______larceny refers to the stealing of larger amounts. Generally the statutes will specify the amount of money that must be stolen.
Short Answer Questions
1. List the four property crimes categorized by the FBI as serious crimes.
2. Under the English common law, what determined the difference between grand larceny and petit larceny? Is this practice still in use today?
3. What are the elements of trespassory taking?
4. Distinguish between embezzlement and fraud.
5. What are the elements of common law arson?
ANSWER KEY
Multiple Choice Questions
1. b
2. a
3. b
4. d
5. c
6. c
7. a
8. d
9. d
10.c
11.
12.
13. a
14. a
15. b
16. c
17. d
18. b
19. c
20. d
Fill-in-the-Blank Questions
1. fence
2. burglary
3. carjacking
4. larceny by trick
5. constructive possession
6. conversion
7. arson
8. false pretense
9. bailor
10. obstruction of justice
11. cybercrime
12. embezzlement
13. property crimes
14. bailee
15. larceny-theft
16. malicious mischief
17. curtilage
18. extortion
19. restraining order
20. securities
21. whistle-blower claims
22. false pretense
23. identity theft
24. trespass
25. grand
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