2.2 Types of Crimes Types of Crimes Crimes Against People Crimes Again Property Crimes Involving Business Crimes Against Government Crimes Against Society Motor Vehicle Violations Crimes Against People Murder Manslaughter Assault and Battery Kidnapping Sex Offenses Domestic Violence Murder Defined: Intentional killing of another person 1st degree- one of the following conditions: Killing after making a detailed plan Killing in an especially vicious way such as torture, killing while committing another serious crime Otherwise, its 2nd degree Only 1st degree is punishable by death Manslaughter Defined: Killing another person without intent Voluntary: when someone kills a person while in a state of great distress and without a prior plan to kill Involuntary: when someone kills another person accidentally while committing an unlawful or reckless act Homicide The killing of a human being by another human being Murder and Manslaughter = Homicide Justifiable & Excusable Homicide = Not Crimes -- Self-defense, line-of-duty -- not chargeable, not punishable Assault and Battery Assault Attempt to commit battery, must have ability to act Pointing and shooting a gun Battery Unlawful touching of another person Forceful use of hand, weapon or other object The bullet striking the person Simple assault and battery are usually misdemeanors Assault and Battery Aggravated = the crime must be committed with deadly weapon or with the intent. Intent to murder, intent to commit rape, or intent to commit robbery Aggravated FELONY Assault and/or Battery = Kidnapping Unlawful removal or restraint of a person against his or her will Usually the person is threatened or forced to be captive Under most state laws the distance involved in the unlawful movement of the victim does not matter Sex Offenses Rape Date/Acquaintance Statutory Rape Rape Statutory: a formal written enactment of a legislative authority that governs a country Typically, statutes command or prohibit something Applies to situation in which the victim is under age Sex Offenses Age of consent The age at which a person is deemed by Illinois law to be capable of consenting to, and engaging in, sexual acts. Age of Consent IL = 17 Sex Offenses The older partner commits criminal sexual abuse if he or she commits an act of sexual penetration or sexual conduct with a victim who between 13 and 17 years of age and the accused was less than 5 years older than the victim. This charge is raised to criminal aggravated sexual abuse if the perpetrator is over five years older then the victim. Sex Offenses Anyone who engages in sexual activity of any type with a partner under the applicable Age of Consent is breaking the law and can be charged with crimes ranging from a misdemeanor to a felony (statutory rape). Sex Offenses Laws applies to both men and women A minor can be prosecuted for intercourse with another minor. Domestic Violence Defined: any reckless form of physical or mental harm in a family or household Laws protect: children, spouses, and other family members Protect against: neglect, mental abuse, or physical abuse by another family member Crimes Against Property Burglary Larceny Robbery Vandalism Burglary Official Definition: Breaking and entering into a house at night to commit a felony Expanded Definition: daytime breaking and entering, breaking and entering other than homes, breaking and entering to commit a misdemeanor If any part cannot be proven, then Burglary cannot be officially charged Illinois Burglary Law Under Illinois law, burglary is defined as: knowingly entering or remaining within a building, trailer, watercraft, aircraft, or motor vehicle, without consent with the intent to commit a felony or a theft. In general, burglary is classified as a Class 2 Felony, carrying 3 to 7 years in prison upon conviction. However, if the burglary was committed on a daycare or a place of worship, it can be elevated to a Class 1 Felony, which carries 4 to 15 years in prison. Burglary Example While walking along a sidewalk after dark, a man noticed a partly opened window. He raised the window further, climbed inside, and stole some expensive shoes. He was charged with burglary. Applying common law– no breaking has occurred and technically he could be found not guilty. Most state statutes today state that breaking occurs when someone raises a partly opened window. Larceny Definition: the unlawful taking of someone’s personal property with the intent to keep the property away from that person Legal term for stealing Petty Larceny – Misdemeanor: States have rights to set value $300 - $1,000 Grand Larceny – Felony: stealing more than state’s set level for petty larceny Robbery Definition: The wrongful taking of someone’s property to threatening violence or using violence Penalty larceny is greater than Robbery Example Stephanie is a cashier at a convenience store. As she is working one night, a man comes in, points a gun at Stephanie, and demands money from the register drawer. This would be armed robbery because the robber has forcefully taken the money from the cashier against her will. Vandalism Definition: willful or malicious damage to property Malicious damage To mischief or criminal be guilty, person does not have to be the one who actually does the damage Vandalism Case RUTLAND, Vt. (AP) — Police in Rutland, Vt., have arrested three teens in connection with vandalism of about 100 cars, residences and businesses. Police said BB guns were fired at the cars and properties, resulting in broken windows and thousands of dollars in damages. Two of the three arrested Thursday are 17 and one is 18. Two are from West Rutland and the other is from Castleton. They are scheduled to be in court on Feb. 4 on multiple counts of unlawful mischief. Crimes involving Business Embezzlement Shoplifting Fraud Money laundering Arson Forgery Also called “White Collar” Crimes Embezzlement Wrongful taking of property by someone lawfully entrusted with possession and control of that property. Often committed by an agent or employee of a business who has the power to write checks and to withdraw funds from the firm’s bank account Dane Cook Case The famous embezzlement case involving comedian Dane Cook came to a conclusion in 2010 when courts found Darryl McCauley, Cook's half brother, guilty of embezzling millions of dollars. The embezzlement took place between 2004 and 2008, during which time McCauley served as Cook's business manager. Cook and his half brother had worked together since the start of the comedian's career early 1990s. Finding the business manager guilty of 27 counts of larceny, as well as forgery and embezzlement. Massachusetts's courts sentenced McCauley to five to six years in prison. The incident involving the largest amount of money included a check for $3 million McCauley wrote to himself and forged Cook's signature on. Girl Scout Embezzlement In February 2011, courts charged Girl Scout troop leader Christa Utt with embezzling more than $5,000 from the organization. Utt embezzled funds from the sale of cookies, as well as from a donation made at the request of the deceased mother of one of the troop members. This case proved part of an ongoing chain of Girl Scout embezzlement cases that have attracted national attention in the United States during the early years of the 21st century. In 2009, California-based Girl Scout bookkeeper Janet Daily embezzled $13,000 from the organization, while Laura Towery Farrell of North Carolina embezzled nearly $8,000 from local Girl Scouts in 2007. Shoplifting Stealing goods from a store. Costs American consumers billions of dollars each year because prices are raised to make up for the loss. Can someone be charged with shoplifting if they place merchandise in their pants/shirt and get caught before leaving a store? Yes! Fraud When a person or business engages in some form of deception to obtain money or property. Mail Fraud Using the US Postal Service to commit fraud Wire Fraud Using the telephone or other forms of electronic communication, such as the internet to commit fraud. Mail Fraud To be convicted of mail fraud, one must do all of the following: Purposefully create a plan to defraud an individual or institution Display intent to commit fraud Mail something—for the purpose of carrying out a fraudulent scheme— through the USPS or a private carrier Mail Fraud An Arizona man was convicted of mail fraud and sentenced to five years of supervised probation, nine months of home detention, and $1 million in victim restitution after executing the age-old envelope-stuffing scam. The man ran ads in national magazines, promising to send stuffing materials to everyone who mailed money for supply costs ($18 to $36) to his fictitious company. He mailed instructions on how to run an envelope-stuffing business but no actual materials. Wire Fraud There are 2 major factors that determine if a crime is wire fraud: One willfully devised or intended to devise a scheme or means to defraud another person of money or property with the intent to defraud. They must do it through the use of interstate wire facilities, such as telephone, television, email or the internet. Wire Fraud Serious Federal Crime You can face up to 20 years in jail and face fines as high as 1 million dollars. Wire Fraud Case A solider from South Texas pled guilty to the federal crime of wire fraud conspiracy that apparently arose out of a recruiter bonus program. The soldier had been accused of taking part in a scam over a five year period, starting in 2005 and ending in 2010. The scheme reportedly constituted "recruiting" individuals who were already in the military. The soldier in this case was one of several soldiers who were charged with the crime. Some of the soldiers apparently paid civilian contract military recruiters and other active-duty soldiers for the names and social security numbers of those who had already enlisted. Throughout the five year period, the soldier along with the others involved amassed a total of $244,000 Money Laundering When criminals obtain large amounts of money illegally, they need to hide the money. They do this by putting the money into legal businesses to launder it. The federal government has passed laws to prosecute any persons involved in money laundering even if they did not steal the money themselves. Money Laundering Breaking Bad Arson Common Law: Willful and malicious burning of someone else’s house. Today: Arson = burning of any building. Sometimes business owners finding themselves on the verge of bankruptcy will destroy their own property to collect the insurance on it. Arson The scorching or blackening of a part of a building is not enough to be considered arson. Some portion of the building must actually have been on fire so that the wood or other building material is charred. Punishment for Arson Felony- Class 2, Class 1, or Class X Depending on Value 7-30 yrs in jail If building is occupied: Attempted murder Owner of building can also sue for civil damages the value of the house, everything in it, plus relocations costs, rent on the hotel room until they get a new place, mental anguish, etc. Forgery Placing a false signature on a check or other document with to intent to deceive someone in order to deprive that person of his or her property. Punishment: Felony Subject to fine and imprisonment Forgery doesn’t require the property actually change hands. Once the false signature is place on the check, the signer has committed forgery. Must be intent to defraud or deceive Forging Perscriptions Crimes Against The Government Treason Perjury Obstruction of Justice Contempt Of Court Treason Article III, Section 3 of the US Constitution Waging war against the United States, or giving aid and comfort to the enemies of the United States. This is the only crime mentioned in the constitution Treason Case United States v. Adam Gadahn, 2006. In October 2006, the Department of Justice announced its first treason indictment in more than 50 years. The target of the indictment is Adam Gadahn, an American-born spokesman and operative for alQaeda. Adam got a job in a computer store and started studying Islam; he converted to Islam in 1995. Authorities believe he moved to Pakistan in 1998 and married an Afghan refugee. He stopped communicating with his family in 2001, around the time that al-Qaeda's media arm, As-Sahab, released its first video — a production Gadahn is believed to have been heavily involved in, if not responsible for. Treason Case Cont… Since 2004 he has appeared in several alQaeda videos as "Azzam the American," threatening attacks on other world cities and denouncing the United States, Israel, and Zionism. Most recently, he appeared in a March 2010 video that called for American Muslims to follow the example of Nidal Malik Hasan, the Fort Hood shooter, in taking up arms "to reap the rewards of jihad and martyrdom." Still at large, he is on the FBI's Most Wanted list. Perjury When a person lies under oath during a court process or an administrative procedure. The lie must involve a fact that is material to the proceeding. Obstruction of Justice When an individual does something that hinders the ability of the court to move forward in a judicial proceeding. It might involve suppressing evidence or shielding someone from arrest. Obstruction Of Justice Contempt of Court When an individual ignores a court order or shows lack of proper respect for the integrity of the court. Casey Anthony Contempt Of Court Contempt Of Court- Casey Anthony- outburst Bribery Giving money or property to a public official in exchange for a favor from that official. Both person offering bribe and public official accepting the bribe are guilty of bribery. WalMart Bribery Case Crimes Against Society Disorderly Rioting Conduct Disorderly Conduct An activity that threatens to disrupt the social order, to endanger public safety, or to jeopardize the health of the public at large. Snooki- Jersey Shore Arrest Rioting An activity that generally requires a gathering of at least 3 individuals who: threaten to harm people or to damage property, or who violently commits one or the other of those offenses. Rioting at UMASS after Patriots lose Super Bowl Motor Vehicle Violations A license to drive a vehicle is a privilege, not a right. If drivers abuse the privilege, they will lose it. All drivers who ignore traffic laws are treated the same. All people- young drivers, or experienced drivers, may be tried in traffic court and can be fined. License can also be suspended or taken away permanently. Motor Vehicle Violations May states outlaw drag racing and joy riding. Drag Racing- racing two vehicles side by side or timing vehicles that separately run a prearranged course. Everyone who joins in is liable! Joy Riding Joyriding- taking a vehicle without the owners permission. Joyriding differs slightly from the crime of auto theft because the perpetrator of joyriding does not generally intend on taking the vehicle permanently. You do not have to be the driver in a joyriding offense to be charged with a crime. Alternatively, you do not have to cause damages to person or property in order to be charged with joyriding.
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