Our Criminal Laws
 A punishable offense against society
 Society (through police & prosecutors) attempts to
identify, arrest, prosecute, and punish the
criminal.
 Efforts are designed to protect society rather than
the victim of the crime.
1.
Duty
State statutes prohibiting certain conduct.
2. Violation of the Duty
Breach of the duty
3. Criminal Intent
Defendant intended to commit the act
Defendant intended to do evil
 Taking another’s property or money by a person to
whom it has been entrusted
 Example
I am the bookkeeper for a company. I write in the check ledger that I
wrote check #123 to pay a $50 electric bill. The electric bill was really
$25.00.
I wrote MYSELF a check for $50.00 I paid the $25.00 electric bill and
pocketed the extra $25.00 .
If the owner does not audit the books, this could be done over and over
and adds up to lots of money.
 Can corporations/organizations form criminal intent?
Yes—if their employees have criminal intent, their
employer may be judged to have criminal intent.
 When corporate employees commit a crime, can
officers be held criminally responsible?
Yes—vicarious criminal liability
 Early common law
Under 7 –below the age of reason
Over 14 –know the difference between right and wrong
Between these ages knowledge have to be proven
 Today
Age of criminal liability is 18 in most states
Minors are young as 7 may be tried and punished as adults if
they are accused of serious crimes such as murder
Sufficient mental capacity is needed
 Insane persons (not having mental
capacity)
 Voluntary intoxication (yes still has the
necessary mental capacity)
 Drug use (yes still has the necessary
mental capacity)
• Not for less serious crimes when jail is
unlikely
• Traffic offenses
• Extreme carelessness
--Sometimes conduct is so careless some
courts treat it the same as criminal intent
Criminal Conduct
Crimes against a person
• Assault and battery, kidnapping, rape, murder
Crimes against property
• Theft, robbery, embezzlement
Crimes against the government and administration
of justice
• Treason, tax evasion, perjury (lying on witness
stand)
Criminal Conduct
Crimes against public peace and order
• Rioting, disorderly conduct, illegal speeding
Crimes against realty
• Burglary, arson, criminal trespass
Crimes against consumers
• Fraudulent sale of securities, violation of pure food
and drug laws
Crimes against decency
• Bigamy, obscenity, prostitution
Classification of Crimes
 Felony – most serious crimes
• Punishable by:
confinement for more than a year in state
prison and/or a fine of more than $1,000 or
Death
• Crimes including:
murder
rape
arson
robbery
forgery
perjury
theft of large sums
kidnapping
burglary
embezzlement
Classification of Crimes
 Misdemeanor
• Punishable by confinement in a county or city
jail for less than one year and/or by fine
• Crimes including:
disorderly conduct
minor infractions
speeding
Business Related Crimes
• Businesses are subject to general criminal law
• Referred to as white-collar crimes
• Do not involve force or violence, do not cause
injury to people, and do not cause physical
damage to property
• Examples
evading income taxes
defrauding consumers
conspiring to fix prices
bribery
false fire and auto insurance claims
Larceny
Commonly known as theft
• The wrongful taking of money or personal
property belonging to someone else, with the
intent to deprive the owner of possession
• Robbery—taking of property from another’s
person or immediate presence, against the victim’s
will, by force or by causing fear
• Burglary—entering a building without
permission when intending to commit a crime
Larceny (cont.)
Examples: Shoplifting, pick pocketing, purse
snatching
• Can be a felony or a misdemeanor
• Determined by the value of the property stolen
and other circumstances
• Robbery and burglary are always felonies
Receiving Stolen Property
Knowingly receiving stolen property
• Having the intent to deprive the
rightful owner of the property
Fence
• one who receives stolen property
False Pretenses
• Obtaining money/property by lying
about a past or existing fact
• Because of not being told the truth the
victim parts with property voluntarily
• A type of fraud
Forgery
• Falsely making/altering a writing to
defraud another
• Often involves checks
• Usually this crime is a felony
Bribery
• Unlawfully offering or giving anything
of value to influence performance of an
official
• Soliciting or accepting the bribe is also
a crime
Computer Crime
Falls under Larceny
 “the taking of personal property”
Extortion
• Known as blackmail
• Obtaining money/property from a
person by wrongful use of force,
fear, or power of office
Conspiracy
• Known as blackmail
• Obtaining money/property from a
person by wrongful use of force,
fear, or power of office
Arson
 Willful and illegal burning of a
building