*PLEASE NOTE: THES NOTES WERE TYPED USING COMIC SANS FONT JUST TO ANNOY YOU.
Unit 3: Crimes against Property
Unit 3 covers topics that concern crimes against property. You will understand the principles
applicable to crimes that are committed against property, specifically (1) the delineation between
crimes against REAL PROPERTY and crimes against PERSONAL PROPERTY; (2) the classification
and elements of real property crimes (arson, burglary, and criminal trespass); and (3) the
classification and elements of personal property crimes (grand larceny, petite larceny, and
embezzlement); and (4) the rise of computer/electronic based crimes.
1. Real Property
a.
All land, structures, firmly attached and integrated equipment, anything growing
on the land, and all "interests" in the property which may be the right to future own
ership.
b. Should be thought of as a group of rights, like a bundle of sticks that can be
divided.
2. Personal Property
a.
Everything that is the subject of ownership that does not come under the
denomination of real property; any right of interest that an individual has in movable
things.
b. Two Major Categories:
i. Corporeal personal property: animals, merchandise, jewelry, etc.
ii. Incorporeal personal property: comprised of such rights as stocks, bonds,
patents, and copyrights.
3. Possession of Property
a.
The ownership, control, or occupancy of a thing, most frequently land or personal
property, by a person.
b. Depending on how and when it is used, the term possession has a variety of possible
meanings. As a result, possession, or lack of possession, is often the subject in
controversial civil and criminal cases.
4. Real Property Crimes
a. Arson
i. At common law, arson is the malicious burning of the dwelling..
ii. Act posing great risk of fire: The mens rea requirement for arson is
“malice,” not “intent.”
1.
Example: Tom need NOT be shown to have intended to create a
burning- it’s enough that Tom intentionally took an action under
circumstances posing a LARGE RISK of a burning.
iii. Extended modern definition: includes the burning or exploding of commercial
and public buildings, and structures. In many states, the act of burning any
insured dwelling, regardless of whether it belongs to another, constitutes
arson if it is done with an intent to defraud the insurer.
b. Burglary
i. The criminal offense of breaking and entering a building illegally for the
purpose of committing a crime.
*PLEASE NOTE: THES NOTES WERE TYPED USING COMIC SANS FONT JUST TO ANNOY YOU.
ii. Originally, and in some cases, the breaking and entering of a dwelling at night
was part of the law. That has changed to allow the crime to be less
restrictive. However, a higher degree of burglary can be charged if the crime
was committed at night.
iii. Breaking: Breaking consists of creating an opening for entry into the building.
It can be accomplished by removing an object that is blocking an entry or by
blasting open a wall. The use of force is not required. The breaking element is
satisfied if access is obtained by opening a closed door or window, regardless
of whether these are locked.
iv. Entry: There must be entry after the breaking. Any part of the anatomy will
suffice.
c. Criminal Trespass
i. An unlawful intrusion that interferes with one’s person or property.
5. Personal Property Crimes
a. Grand Larceny
i. A category of larceny, in which the value of the property is greater than that
set for petit larceny.
ii. State of Virginia: $200
b. Petite Larceny
i. A category of larceny, in which the value of the property is less than that set
for grand larceny.
ii. State of Virginia: $200
c. Embezzlement
i. A fraudulent conversion of the property of another by one who is already in
lawful possession of it.
ii. Possession is obtained legally (e.g. with the owner’s consent).
iii. Conversion: Must convert the property (i.e. deprive the owner of a significant
part of its usefulness). Thus if he merely uses it for a short time, or moves it
slightly, he is not guilty of embezzlement.
1. Example: Tom’s boss lends him the company car to do a company
errand, and Tom decides to abscond with it or sell it. If he stopped
before he has traveled very, he will not technically be guilty of
embezzlement, since he has not yet converted the car.
6. Computer and Electronic Crimes
a. Computer Crime
i. Any illegal activity through the use of a computer.
ii. Examples: Computer Trespassing, Spam, Hacking, Intentionally stealing
personal information through the use of a computer, Cyber Harassment
(Bullying), Planting computer viruses, Keystroking
b. Electronic Crime
i. Any illegal activity through the use of an electronic device.
ii. Example: The use of illegal gambling devices, wiretapping (criminal
trespassing), credit card devices, etc.