I. Crimes against other people’s property are one of three general types: taking it, damaging or destroying it, and invading it
II. Taking other people’s property
A. History of taking other people’s property
1. Simple rural, agricultural society needed protection against sneaking away with (larceny) someone else’s property (mainly livestock, the most valuable possession in medieval England)
2. As society grew more complex and more personal property and more kinds of property appeared, other ways to “take” other people’s property became serious problems
a. Taking someone else’s property by force
b. Caretakers taking someone else’s property that was handed over to them voluntarily
(1) Abuse-of-trust crimes
(2) White-collar crimes
B. Larceny
1. Actus reus—taking and carrying away
2. Mens rea—intent to permanently deprive someone else of their property
3. Circumstance element—property (something of value)
a. Tangible personal property (property valuable itself like an MP3 player)
b. Intangible personal property (paper that stands for something of value like checks, stocks, and bonds)
c. Services (like cell phone service)
d. Labor
C. White-collar (occupation-related) crimes
1. Embezzlement (the first white-collar crime)
a. Keeping (converting) property lawfully obtained
b. “Converting” substitutes for “taking” in larceny
2. False pretenses (theft by deceit)
a. Tricking (deceiving) someone into giving up their property
b. Deceiving substitutes for taking in larceny and converting in embezzlements
D. Theft
1. Consolidated theft statutes—turn away from history to logic in consolidating larceny, embezzlement, and false pretenses into one crime of theft: getting other people’s money by taking, converting, or deceiving
2. Identity theft
a. New way of committing an old crime—steal someone else’s property by first stealing their identity
b. Key to identity theft—get others’ personal information
c. Sources for stealing personal information—strangers, family members, friends, neighbors
d. Sources for stealing other people’s property—credit cards, utility services, bank accounts, and loans
3. Theft by computers and the Internet
a. Computers and the Internet—created sources of great good but also great evil by creating new means to get other people’s property
b. Some states’ response is to expand the definition of traditional theft law
c. Most states have created specific statutes aimed at stealing by means of computers and the Internet
E. Receiving stolen property
1. It’s a crime not only to take someone else’s
property but also to “receive” (accept) property already stolen
2. Actus reus—receiving means controlling (not necessarily physically) property
3. Mens rea varies from knowingly to recklessly to negligently, depending on the state
4. Mens rea also includes the intent to keep the property permanently
F. Forgery and uttering
1. Forgery
a. Elements
(1) Actus reus—making a false document
(2) Mens rea—intent to get someone else’s property
b. Document expanded in some statutes to “anything that can be falsified” (cloned cell phone, People v. Lawrence)
2. Uttering
a. Elements
(1) Actus reus—passing or using a forged document
(2) Mens rea—intent to defraud (get other people’s property) by passing or using the forgery
b. Utterer doesn’t have to alter the document
G. Robbery
1. Crimes
against persons and their property
2. Robbery
elements
a. Actus reus—taking and carrying away someone else’s property by force or threat of immediate force
b. Mens rea—intent to take property from another person by force or threat of immediate force
c. Degrees measured by
(1) Force (kind and degree) used
(2) Injury (kind and degree) inflicted
H. Extortion (blackmail)
1. Crimes
against persons and their property
2. Extortion
elements
a. Actus reus—taking someone else’s property by threat of a variety of future harms
b. Mens rea—intent to take someone else’s property by threat of future harm
III. Damaging and destroying other people’s property
A. Crimes of damaging or destroying buildings (arson) and personal (tangible) property (criminal mischief)
B. Arson elements
1. Actus reus—“burning” building
2. Mens rea—intent to commit the act of burning or setting fire to a building (not necessary to intend to damage or destroy the building)
3. Degrees
a. First degree—burning occupied buildings
b. Second degree—burning unoccupied structures
C. Criminal mischief
1. Three kinds of harm to tangible property
a. Damage or destruction by fire, explosives, or “dangerous acts”
b. Tampering so as to endanger tangible property
c. Deception or threat that causes monetary loss
2. Other elements
a. Actus reus—burning, exploding, or other dangerous act
b. Actus reus—tampering or endangering by deceit or threat
c. Mens rea—purposely, knowingly, recklessly, or negligently doing any of the acts
IV. Invading other people’s property
A. Invasion of property is the heart of burglary and criminal trespass
B. Burglary and criminal trespass are crimes even if someone else’s property is not taken, damaged, or destroyed
C. Burglary
1. History
a. Originated as a crime of nighttime invasion of homes (regarded as castles deserving special protection, especially at night).
b. Grew to include invasions of all kinds of buildings and vessels at any time of day or night
2. Elements
a. Actus reus—entering or remaining in (and in a few states “breaking into”) someone else’s “structure”
b. Mens rea—intent to commit a crime once inside (“crime” intended varies widely from “felony” to “any violation of law”)
3. Circumstance elements
a. Structure includes more than homes (“any structure,” “any building,” vessels, and vehicles)
b. Structure has to be someone else’s
4. Degree (grading) depends on
a. What type of dwelling
b. Whether a weapon was used
c. Whether the dwelling was occupied
d. Whether the occupant was assaulted
e. Whether a crime was intended once inside
D. Criminal trespass
1. Essence of the offense—unwanted presence
2. Elements
a. Actus reus—unauthorized entering or remaining in someone else’s premises (definition of premises differs from state to state)
b. Mens rea varies
(1) Knowledge of lack of authority (most states)
(2) Specific intent to enter or remain to commit a crime without authority
(3) Strict liability
3. Degrees (grading) depends on
a. Whether the trespass was of a home at night—misdemeanor
b. Whether the dwelling was an occupied structure—petty misdemeanor
c. Whether there was a “no trespass” notice—violation
4. Computer trespass
a. An
old response to unwanted presence (unauthorized access) by “hackers” to
computer information systems
b. No need to prove destruction or damage
c. Invasion itself is the crime