UNIT 2: Criminal Law and Juvenile Justice
Chapter 10
Crimes Against Property

The category of crimes against property
includes two groups
 crimes in which property is destroyed (such as
arson & vandalism) &
 crimes in which property is stolen or taken against
the owner's will (such as robbery & embezzlement)

During the late 1990s, there were fewer
crimes against property, in part because
Americans developed better ways to prevent
these crimes
 These behaviors include
○ Security lighting
○ Home & car alarm systems
○ Steering wheel locks
○ Greater attention to locking doors & windows
○ A tendency to carry less cash due to the greater use
of credit cards

Arson and vandalism are examples of crimes
involving the destruction of property
 Arson is the intentional & malicious burning of another
person's property
○ In most states it is a crime to burn any building or structure,
even if the person setting the fire is the owner
○ Burning property with the intent to defraud an insurance co. is
a separate crime, regardless of the type of property burned or
who owned the property
○ Arson has also been a form of racial violence
 To help federal prosecutors deal with a rash of racially motivated
church arsons, Congress passed the Church Arson Prevention Act of
1996
 This act help oversee the investigation & prosecution of arson at places
of worship across the U.S.; it also seeks to increase the penalties for
such crimes

Vandalism is the willful destruction of or damage
to another person's property
 Effects of vandalism include broken windows, graffiti,
& damage to cars
 Costs include repair, cleanup, & replacement
 It can be a felony or a misdemeanor

Juvenile statistics (doesn’t include # of incidents
in which an arrest was never made)
 12% are female; 88% are male
 80% are white; 17% are African American; 1% are
Native American; 1% are Asian

“Broken Window” Theory
 If communities don’t react strongly to crimes like
vandalism, panhandling, & prostitution, worse crime
will follow
 Suggests that when 1 broken window isn’t fixed, other
windows will be broken
○ When there is no response to “low-level crime” by law
enforcers, criminals will assume that crime is tolerated in
that community & crime will therefore escalate
○ This had led to “zero-tolerance” policies which punishes
first time offenders swiftly & significantly
○ People believe that communities are cleaner, residents
feel safer, & the general quality of life improves

People who disagree with these types of policies
believe that police & community leaders should
focus their resources on more serious crimes
 Disproportionate effect on the poor because many
instances of vandalism & crime take place in povertystricken areas
 These are people who are the least able to pay them
 In some communities, the relationships between
residents & police are already strained & are made
worse when people feel like they are harassed for
minor offenses by police who are “just doing their jobs”

There are many other categories of crimes
that involve taking property against the will of
the owner
 Larceny is the unlawful taking & carrying away of
another person's property with the intent never to
return it to the owner
○ Most states identify larceny as either grand or petty
 Grand larceny—which is a felony—occurs when anything
above a certain value is stolen (usually $100)
 Petty larceny is a misdemeanor that involves the theft of
anything of small value (usually < $100)

Larceny also includes keeping lost property
when a reasonable method exists for finding
the owner
 Ex: finding a wallet that includes a driver’s license

You may also be guilty of larceny if you keep
property delivered to you by mistake

Shoplifting is a form of larceny
 It is the crime of taking items from a store w/o
paying for them or intending to pay for them
○ Some states have a separate crime called
concealment (attempted shoplifting)
○ Shoplifting results in huge losses for businesses
 Costs are passed on to consumers in the form of higher
prices
 Everyone pays for shoplifting

Embezzlement is the unlawful taking of
property by someone to whom it was
entrusted
 Ex: bank tellers, stockbrokers

Some states have merged the crimes of
embezzlement, larceny & obtaining property
by false pretenses (intentional misstatements
of fact into the statutory crime of theft

Robbery is the taking of property from a
person's immediate possession by using
force or threats
 Robbery involves 2 harms:
○ Theft of property, &
○ Actual or potential physical harm to the victim

The difference between robbery & larceny is
the use of force
 Ex: a pickpocket who takes your wallet unnoticed
is guilty of the crime of larceny
 Ex: a mugger who knocks you down & takes your
wallet by force is guilty of robbery
Robbery is almost always a felony
 Stricter penalties for armed robberies—thefts
committed with a gun or other weapon


Extortion, also called blackmail, takes place
when one person uses threats to obtain
another person's property
 The threats may include harm to the victim's body,
property, reputation, or loved ones
 Ex: a person who threatens to injure you or your
property unless you give him your car is guilty of
extortion

Burglary is the unlawful entry into any
dwelling or structure with the intention to
commit a crime (regardless of time of day)
 Originally defined as breaking & entering the
dwelling of another person during the night
w/intent to commit a felony
 Stiffer penalties for burglaries committed at night,
of inhabited dwellings, or committed w/weapons

Forgery is a crime in which a person falsely
makes or alters a writing or document with
intent to defraud
 Ex: signing the name of another person to a
check or some other document w/o permission
 Ex: changing or erasing part of a previously
signed document

Uttering is offering to someone as genuine a
document (such as a check) known to be a
fake

Identity Theft
 A serious criminal action that has the potential to
affect anyone w/a Social Security #
 Children are ideal targets – can be used for years
w/o detection
○ Generally identity theft is discovered when a person
applies for a credit card, driver’s license, or gets a
credit report
 For adults, $ & power often increase the likelihood
of victimization because important information
about celebrities is generally easier to access

Receiving stolen property involves receiving
or buying property that you know or have
reason to believe is stolen
 Knowledge that the property is stolen may be
implied by the circumstances
○ Ex: buying goods out of the trunk of a car or for a
price that is unreasonably low

It’s a felony if the value of the property
received is > $100 & a misdemeanor if < $100

Unauthorized use of a vehicle
 If the person only intends to take the vehicle temporarily
○ Includes joyriding


If the intent is to take the vehicle permanently, then
the crime may be larceny or auto theft (stiffer
penalties)
Carjacking occurs if a person uses force or
intimidation to steal a car from a driver
 A federal crime & is punishable by a sentence of up to life in
prison
 Anti Car Theft Act (1992)
○ Law covers the use of force or intimidation to steal a car from a
driver

The Internet has led to an increase in computer
crime
 Any violation of criminal law that involves the use of
computer technology to commit the prohibited act
○ Involves traditional crimes that now may be committed
through the use of a computer
 Ex: the use of a computer to make fake identifications or making
fraudulent credit card purchases w/someone else’s credit card #
that has been intercepted over the Internet
○ It also involves crimes that are relatively new & specific to
computers
 Ex: the intentional spreading of a computer virus or using
programs to steal passwords

Computer crime is committed for several
different reasons
 Employees who are angry with their company
 Hackers who gain illegal entry to gov. or corporate
computer systems
○ they are relatively harmless & tend to break into sites
for fun, for a challenge, or to point out security flaws
 Crackers (criminal hackers) who seek to make $
from breaking into computers

Hackers tend to be middle- or upper-income
males who begin their criminal activity in HS &
usually stop after college
 Tend to think of themselves as an elite group of




information seekers who are adept at exploring
computer systems & networks
Have the time & access to computers necessary
Do not fear loss of jobs or personal wealth (factors that
deter adults)
An outlet for social anxiety – fills a social void
Share a similar profile to the students responsible for
violent school rampages, such as Columbine (1999)

Breaking into a corporate or government
system to which you don’t have access is a
federal crime – regardless of motive (as long
as there is a guilty state of mind of intending
to break into the site)

Computer Fraud & Abuse Act (1986)
 Provided the government with a specific law to
prosecute hackers

Electronic Communication & Privacy Act
(1986)
 Offers protection to computer operators
 The federal gov. & law enforcement officials are
required to obtain a search warrant before seizing
or reading any electronic mail
 This doesn’t apply to private employers

National Infrastructure Act (1996)
 Illegal to threaten to cause damage to a computer
system unless the owner gives something of value
 Illegal to intentionally give or receive passwords that
would permit unauthorized access to systems

Children’s Internet Protection Act (2000)
 Limits access to obscene images, movies, & sound at
libraries

USA Patriot Act (2001)
 Gives gov. & law enforcement officials broader powers
to access a suspect’s Internet communications than
has typically been permitted by the 4th Amendment

Most computer crimes probably go
unreported
 Companies are reluctant to publicize their
vulnerability to computer criminals or customers
 Many are discouraged by the time & resources
needed to prosecute individuals

Cyberstalking & Internet Pornography
 Young people are particularly vulnerable
 Challenge is to find ways to protect children from
people who abuse the Internet w/o overly
restricting access & discussion groups for the
majority of adults who use the Internet for lawful,
constitutionally protected uses
Child pornography & minors’ access to adult
pornography through use of the Internet are
forms of computer crime
 Actions aimed at effectively curbing these
illegal uses of computers often threaten to
infringe upon important First Amendment
rights concerning freedom of speech,
expression, & association, as well as access
to information

Child pornography is always illegal in the US
 Use of the Internet to promote such images is
also illegal
 The Internet is an international tool – access
is available to child pornography that is shot
in places where it is not illegal

 The US has no jurisdiction over such web sites


The First Amendment doesn’t protect the right of any
minor to access pornography
Laws that prevent sales & rentals of such materials
to minors have been upheld as constitutional
 Minors are generally not viewed as having the full range of
rights as adults
 Infringements on constitutional rights are acceptable where
there is an important gov. interest
○ The gov. has an interest in restricting minor’s access to
pornography
○ It is not difficult to pass & enforce laws that prevent businesses
from selling porn to minors; it is more difficult to limit access to
this information on the Internet

The government also watches bulletin boards
 Exchange of computer files & messages
 Illegal download of software programs

Illegally copying software
 Violates federal copyright laws
 Subject to a possible jail term & a fine of up to
$250,000