UNIT 3
CRIMES AGAINST PROPERTY
CRIMES AGAINST PROPERTY
ESSENTIAL GOALS:
CLP. 3.1: DESCRIBE THE DIFFERENC BETWEEN LAWS DEALING WITH THE CRIMES AGAINST
REAL PROPERTY AND CRIMES AGAISNT PERSONAL PROPERTY
CLP.3.2: ACCOUNT FOR INCREASING COMPUTER AND ELECTRONIC BASED CRIMES
(hopefully you remember this from the previous class)
ENDURING UNDERSTANDINGS:
Society has delineated property offenses based on their potential to cause the commission of a
crime against a person.
The definition of what constitutes “property” is evolving as society continues its technological
advance.
BEFORE WE BEGIN
• 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.
Real Property vs. Personal Property
REAL
•
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 ownership.
PERSONAL
•
Any right of interest that an
individual has in movable things.
•
Two Categories:
•
•
Corporeal: animals, merchandise,
jewelry
Incorporeal: stocks, bonds, patents,
copyrights
Real Property Crimes
•
Arson: Malicious burning of the dwelling.
•
Mens rea: malice, not intent….what does this mean?
•
Dwelling USED TO mean a place someone lived…NOW it 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.
•
What does all this mean??
Burglary
•
The criminal offense of breaking and entering a building illegally for the
purpose of committing a crime.
•
Originally, the breaking and entering of a DWELLING (a place where someone
lived) at NIGHT (a time requirement) was part of the law.
•
THIS HAS SINCE BEEN REVOKED.
•
HEY!!! THIS HAS SINCE BEEN REVOKED!! THAT MEANS THAT THESE
THINGS ARE NO LONGER REQUIREMENTS!!!!
•
So, what is the requirement now? Because I am, totally confused
about everything….
Burglary
•
The criminal offense of breaking and entering a building illegally for the
purpose of committing a crime.
•
BREAKING: creating an opening for entry into the building. FORCE IS NOT
REQUIRED.
•
ENTRY: There must be entry after the breaking. Any part of the anatomy will
suffice.
Criminal Trespass
•
An unlawful intrusion that interferes with one’s person or property.
Personal Property Crimes
Grand Larceny
Petite Larceny
Value of the property is greater
than that set for petite larceny.
Value of the property is less than A fraudulent conversion of the
that set for grand larceny.
property of another by one who
is already in lawful possession of
In the state of Virginia: $200
it.
-Possession is obtained
legally.
-Conversion: convert the
property so the owner is
deprived a significant part of its
usefulness.
In the state of Virginia: $200
Embezzlement
Personal Property Crimes
•
http://wtvr.com/2014/08/15/briante-weber-suspended/
•
http://hamptonroads.com/2014/12/chesapeake-couple-accusedembezzlement-suit#
•
Bernie Madoff
Computer and Electronic Crimes
•
Computer Crime: Any illegal activity through the use of a computer…seriously.
That’s it.
•
“Well what if someone logs onto their computer and stole my credit card
information?”
•
That would mean 1) they used a computer and 2) they did something
illegal…so…this would be an example of a COMPUTER CRIME!!
•
“Well, what if someone throws their computer at someone and it knocks someone
in the head, and kills them?”
•
This is an example of a bad question.
Computer and Electronic Crimes
•
Electronic Crime: Any illegal activity through the use of an electronic
device…seriously.
•
Smart Phone:
•
Computer or Electronic Device?