chapter 10 theft and other crimes involving property this multimedia product and its contents are...

Chapter 10

Theft and Other Crimes Involving Property

This multimedia product and its contents are protected under copyright law. The following are prohibited by law: • Any public performance or display, including transmission of any image over a network; • Preparation of any derivative work, including the extraction, in whole or in part, of any images; • Any rental, lease, or lending of the program.

Copyright (c) Allyn & Bacon 2008

LARCENY

A crime against possession, and not ownership, of property, larceny. Property does not need to be taken and carried away from the owner, only from a rightful possessor.

Mens rea: Defendant must intend to permanently deprive the owner of the property.

Actus reus: The actual taking and carrying away of the personal property of another.


EMBEZZLEMENT

A crime against ownership, embezzlement covers those situations where the theft is of property the thief at one time was entitled to lawfully possess.

Mens rea: Defendant must intend to fraudulently retain and permanently deprive property to which the defendant was at one time lawfully entrusted to posses.

Actus reus: The actual conversion of the personal property of another to the defendant’s own use.


FALSE PRETENSES

The crime of false pretenses combines the elements of both larceny and embezzlement. While the transfer of ownership in the property is given by the person in lawful control of it, the inducement to transfer the property is fraudulent.

Mens rea: Defendant must intend to permanently deprive the owner of their property.

Actus reus: The transfer of the property from the owner to the thief is brought about by a material false representation.


RECEIVING STOLEN PROPERTY

Receiving stolen property is a crime that combines elements of larceny with elements of being an accessory after the fact. This crime punishes those who deal with stolen property: 1) after it has been stolen; and 2) knowing it is stolen.

Mens rea: Defendant must intend to receive, conceal, possess, purchase, or transfer known stolen property.

Actus reus: The actual receiving, concealing, possessing, purchasing, or transferring of the known stolen property.


FORGERY

The crime of forgery involves false documents passed off as genuine articles. There are many ways of committing forgery, but they all share the common denominators of: 1) knowing the document is false; and 2) intending to benefit from the false document.

Mens rea: Defendant must intend to use the false document to defraud.

Actus reus: The actual use—whatever form that takes—of the false document to defraud.


• (720 ILCS 5/16‑1) (from Ch. 38, par. 16‑1) Sec. 16‑1. Theft.

• (a) A person commits theft when he knowingly:

• (1) Obtains or exerts unauthorized control over property of the owner; or

• (2) Obtains by deception control over property of the owner; or • (3) Obtains by threat control over property of the owner; or • (4) Obtains control over stolen property knowing the property to

have been stolen or under such circumstances as would reasonably induce him to believe that the property was stolen; or

• (5) Obtains or exerts control over property in the custody of any law enforcement agency which is explicitly represented to him by any law enforcement officer or any individual acting in behalf of a law enforcement agency as being stolen,

• and • (A) Intends to deprive the owner permanently of the use or benefit of

the property; or • (B) Knowingly uses, conceals or abandons the property in such

manner as to deprive the owner permanently of such use or benefit; or

• (C) Uses, conceals, or abandons the property knowing such use, concealment or abandonment probably will deprive the owner permanently of such use or benefit.

(720 ILCS 5/15‑1) (from Ch. 38, par. 15‑1) Sec. 15‑1. Property. As used in this Part C, "property" means

anything of value. Property includes real estate, money, commercial instruments, admission or transportation tickets, written instruments

representing or embodying rights concerning anything of value, labor, or services, or otherwise of value to the owner; things growing on,

affixed to, or found on land, or part of or affixed to any building; electricity, gas and water; telecommunications services; birds, animals and fish, which ordinarily are kept in a state of confinement; food and

drink; samples, cultures, microorganisms, specimens, records, recordings, documents, blueprints, drawings, maps, and whole or

partial copies, descriptions, photographs, computer programs or data, prototypes or models thereof, or any other articles, materials, devices,

substances and whole or partial copies, descriptions, photographs, prototypes, or models thereof which constitute, represent, evidence,

reflect or record a secret scientific, technical, merchandising, production or management information, design, process, procedure,

formula, invention, or improvement.

(Source: P.A. 88‑75.)

(720 ILCS 5/15‑3) (from Ch. 38, par. 15‑3) Sec. 15‑3. Permanent deprivation.

As used in this Part C, to "permanently deprive" means to:

(a) Defeat all recovery of the property by the owner; or (b) Deprive the owner permanently of the beneficial use

of the property; or (c) Retain the property with intent to restore it to the owner only if the owner purchases or leases it back, or pays a reward or other compensation for its return; or

(d) Sell, give, pledge, or otherwise transfer any interest in the property or subject it to the claim of a person other

than the owner.

(Source: Laws 1961, p. 1983.)

THEFT & OTHER PROPERTY CRIMES

A key element of all theft and property crimes is the intent to permanently deprive the owner of the property in question. Look for situations where the defendant does not intend to permanently deprive the owner of property, but only to “borrow” the property. Of course, taking someone else’s property without permission raises the presumption (which is rebutable) of the intent to permanently deprive.


Theft• A person commits

theft when he knowingly obtains or exerts unauthorized control over property of the owner and intends to deprive the owner permanently of the use or benefit of the property.

• Mens Rea/Mental State– Knowingly

• Actus Reus– Obtains or exerts control

over property• Attendant Circumstances

– UnauthorisedAND

• Mens Rea/Mental State– Intends

• Actus Reus– Permanently Deprive

• Attendant Circumstances– Use or benefit of the

property

Theft• Direct Evidence

– Offender goes into your pocket of purse and takes your wallet

• Circumstancal Evidence– Offender is found with your wallet in his/her

possession

Theft• Direct Evidence

– Offender goes into your car and drives away

• Circumstancal Evidence– Offender is found driving around in your car

(720 ILCS 5/16A‑3) (from Ch. 38, par. 16A‑3) Sec. 16A‑3. Offense of Retail Theft. A person

commits the offense of retail theft when he or she knowingly:

(a) Takes possession of, carries away, transfers or causes to be carried away or transferred, any

merchandise displayed, held, stored or offered for sale in a retail mercantile establishment with the

intention of retaining such merchandise or with the intention of depriving the merchant permanently of

the possession, use or benefit of such merchandise without paying the full retail value of

such merchandise; or

Retail TheftA person commits the offense ofRetail theft when he or sheknowingly takes possession of,carries away, transfers orcauses to be carried away ortransferred, any merchandisedisplayed, held, stored or offeredfor sale in a retail mercantile establishment with the intention of retaining such merchandise orwith the intention of depriving themerchant permanently of thepossession, use or benefit of suchmerchandise without paying thefull retail value of suchmerchandise.


• Actus Reus– Takes possession of– Carries Away– Transfers

• Attendant Circumstances– Merchandise

• Displayed• Held• Stored• Or offered for sale

– Retail Mercantile Establishment

AND

Retail TheftA person commits the offense ofRetail theft when he or sheknowingly takes possession of,carries away, transfers orcauses to be carried away ortransferred, any merchandisedisplayed, held, stored or offeredfor sale in a retail mercantile establishment with the intention of retaining such merchandise orwith the intention of depriving themerchant permanently of thepossession, use or benefit of suchmerchandise without paying thefull retail value of suchmerchandise.

• Mens Rea/Mental State– Intent

• Actus Reus– Retaining

• Attendant Circumstances– Such Merchandise

OR• Mens Rea/Mental State

– Intent

• Actus Reus/The Act– Permanently Depriving

• Possession• Use• Benefit

• Attendant Circumstances– Merchandise– Full Retail Value

Retail Theft

• Direct Evidence– Security observes a customer remove an item from

the store, place it under his or her coat any exit the store.

• Circumstantial Evidence– Security observes a customer handling a watch and

later observes on a recording of the security camera the customer make a move that could be construed as placing the watch up his sleeve. An inventory reveals a watch missing.

(720 ILCS 5/17‑1) (from Ch. 38, par. 17‑1)

Sec. 17‑1. Deceptive practices. A person commits a deceptive practice

when, with intent to defraud, the person does any of the following:

(a) He or she causes another, by deception or threat, to execute a document disposing of property or a

document by which a pecuniary obligation is incurred.

MONEY LAUNDERING

The act of hiding, disguising, and legitimizing money obtained through illegal activity.

Three steps are involved:

1. Placement: dirty money first enters the legitimate financial system by being deposited into the financial system (structuring deposits into financial institutions).

2. Layering: separating illicit proceeds from the source through a series of financial transactions (moving funds from one account to another).

3. Integration: illicit funds returned to legal economy and appear legitimate as a result.


COUNTERFEITING

While forgery deals with documents, counterfeiting involves instruments (anything other than a document). Traditionally, counterfeiting is linked to money and art. Today, however, counterfeiting has expanded to computer software, music, and luxury goods.

Mens rea: Defendant must intend to use the instrument to defraud.

Actus reus: The actual use—whatever form that takes—of the false instrument to defraud.


IDENTITY THEFT

America’s fastest growing crime, Identity Theft is the unauthorized use of another person’s identity to fraudulently obtain money, goods, services, to avoid the payment of debt, or to avoid criminal prosecution.

Mens rea: Defendant must intend to use another person’s identity for fraudulent purposes.

Actus reus: The actual use—whatever form that takes—of the other person’s identity for fraudulent purposes.


RACKETEERING

RICO (Racketeer Influenced and Corrupt Organizations) Act was introduced in 1970 to eliminate profits of organized crime to destroy the Mafia. Currently used against individuals, businesses, political interest groups, and terrorist organizations.


Chapter 11

Crimes Against Habitation

This multimedia product and its contents are protected under copyright law. The following are prohibited by law: • Any public performance or display, including transmission of any image over a network; • Preparation of any derivative work, including the extraction, in whole or in part, of any images; • Any rental, lease, or lending of the program.


BURGLARY

The crime of burglary involves the entry into the dwelling of another, or remaining inside the dwelling of another, with the intent to commit a crime.

Mens rea: Defendant must intend to enter or remain in the dwelling of another, with the intent to commit a crime.

Actus reus: The actual entry into, or remaining in the dwelling of another.


BURGLARY—Types

Burglars will steal from any location that offers a profit. Just as burglars steal from different locations, there are also different types of burglars.

Professional Burglars: Skilled burglars who work as professionals. Lots of planning and lucrative targets

Known Burglars: Burglars with a known criminal history who are not as skilled and successful as professionals.

Young Burglars: Offenders in the late teens and early twenties.

Juvenile Burglars: Burglars under the age of 16. They often operate under the guidance of known burglars.

Junkie Burglars: Burglars who steal to support a habit. Copyright (c) Allyn & Bacon 2008

BURGLARY—Special Issues

The crime of burglary may seem pretty straight forward, but it is not without its own nuances.

Entry: Historically, a burglar must have damaged or destroyed property to acquire entry. Currently, there is no such requirement. Any type of entry (or even staying) will suffice. Finally, entry into the dwelling must be made. There is no requirement of total entry, but part of the burglar (or his tools) must enter the dwelling.

Dwelling: Currently, just about any structure will suffice for a burglary charge. There are, generally, greater penalties when a dwelling (an occupied structure) is burglarized. Legally, the question of occupation is often at the heart of a burglary trial.


(720 ILCS 5/Art. 19 heading) ARTICLE 19. BURGLARY

(720 ILCS 5/19‑1) (from Ch. 38, par. 19‑1) Sec. 19‑1. Burglary.

(a) A person commits burglary when without authority he knowingly enters or without authority remains within a building, housetrailer, watercraft,

aircraft, motor vehicle as defined in the Illinois Vehicle Code, railroad car, or any part thereof, with

intent to commit therein a felony or theft. This offense shall not include the offenses set out in

Section 4‑102 of the Illinois Vehicle Code.

Burglary

A person commits burglary when

without authority he knowingly enters

or without authority remains within a

building, housetrailer, watercraft,

aircraft, motor vehicle as defined in

the Illinois Vehicle Code, railroad car,

or any part thereof, with intent to

commit therein a felony or theft. This

offense shall not include the offenses

set out in Section 4‑102 of the Illinois

Vehicle Code.


• Actus Reus– Enters or Remains Within

• Attendant Circumstances– Intent to Commit a theft or

felony therein

– Building, housetrailer,watercraft, aircraft, motor vehcile, or railroad car

Burglary

• Direct Evidence– As you drive your new squad car down the

street you observed the subject on the front porch yell, “I’m going to kick in this door and enter this premise to commit a theft or other felony therein.”

• Circumstantial Evidence– Everything else

(720 ILCS 5/19‑2) (from Ch. 38, par. 19‑2) Sec. 19‑2. Possession of burglary tools.

(a) A person commits the offense of possession of burglary tools when he

possesses any key, tool, instrument, device, or any explosive, suitable for use in breaking

into a building, housetrailer, watercraft, aircraft, motor vehicle as defined in The Illinois Vehicle Code, railroad car, or any

depository designed for the safekeeping of property, or any part thereof, with intent to

enter any such place and with intent to

commit therein a felony or theft.

(720 ILCS 5/19‑3) (from Ch. 38, par. 19‑3)

Sec. 19‑3. Residential burglary. (a) A person commits residential burglary who knowingly and without

authority enters or knowingly and without authority remains within the

dwelling place of another, or any part thereof, with the intent to commit

therein a felony or theft. This offense includes the offense of burglary as

defined in Section 19‑1.

(720 ILCS 5/19‑4) (from Ch. 38, par. 19‑4) Sec. 19‑4. Criminal trespass to a residence.

(a) (1) A person commits the offense of criminal trespass to a residence when, without authority, he knowingly enters or remains

within any residence, including a house trailer. (2) A person commits the offense of criminal trespass to a residence

when, without authority, he or she knowingly enters the residence of another and knows or has reason to know that one or more persons is

present or he or she knowingly enters the residence of another and remains in the residence after he or she knows or has reason to know

that one or more persons is present. (3) For purposes of this Section, in the case of a multi‑unit residential

building or complex, "residence" shall only include the portion of the building or complex which is the actual dwelling place of any person and shall not include such places as common recreational areas or

lobbies.

ARSON

Arson is very similar to burglary, only instead of entry and an intent to steal, there is the burning of the structure or dwelling.

Mens rea: Defendant must intend to start a fire either in or to a structure or dwelling. There is no requirement the defendant intend to commit arson; the malicious starting of the fire—for whatever reason—is sufficient.

Actus reus: The act of intentionally starting the fire—whatever the reason.


ARSON—Types

While arson may be committed for a number of reasons, there are six generally recognized categories of arson. Vandalism Arson: A Person uses arson to express hatred toward a

particular group or culture.

Profit-motivated Arson: A person uses arson as a tool to collect from an insurance company.

Crime Concealment Arson: A person uses arson to cover-up a crime.

Sabotage Arson: A person uses arson as a means of protest.

Revenge Arson: A person uses arson to get even.

Excitement Arson: A person who commits arson only to obtain pleasure from watching the fire burn.


ARSON—Special Issues

Also similar to the crime of burglary, the crime of arson is not without its own nuances.

Burning: Arson does not require the specific intent to burn a structure or dwelling. Merely setting a fire—for whatever reason—is sufficient as long as the defendant understands there is a strong likelihood the burning will spread to or consume the structure or dwelling. Nor does the burning have to totally consume the structure or dwelling; charring, burning, or scorching of the structure or dwelling is sufficient.

Explosion: While not technically a fire, explosions cause just as much damage, fear, and injury as arsons. Most jurisdictions recognize arson as either starting a fire or causing an explosion. Copyright (c) Allyn & Bacon 2008

(720 ILCS 5/20‑1) (from Ch. 38, par. 20‑1) Sec. 20‑1. Arson.

A person commits arson when, by means of fire or explosive, he knowingly:

(a) Damages any real property, or any personal property having a value of $150 or more, of another without his

consent; or (b) With intent to defraud an insurer, damages any

property or any personal property having a value of $150 or more.

Property "of another" means a building or other property, whether real or personal, in which a person other than the

offender has an interest which the offender has no authority to defeat or impair, even though the offender may also

have an interest in the building or property.

Arson

A person commits arson when, by

means of fire or explosive, he

knowingly damages any real

property, or any personal property

having a value of $150 or more, of

another without his consent or

with intent to defraud an insurer,

damages any property or any

personal property having a value

of $150 or more.


• Actus Reus/Act– Damages Property

• Attendant Circumstances– Fire or Explosion– Real or Personal Property– Of Another– Without consent of Owner– Valued of $150 or more

OR

Arson

A person commits arson when, by

means of fire or explosive, he

knowingly damages any real

property, or any personal property

having a value of $150 or more, of

another without his consent or

with intent to defraud an insurer,

damages any property or any

personal property having a value

of $150 or more.

• Mens Rea/Mental State– Intent to Defraud an

Insurer

• Actus Reus/Act– Damages Property

• Attendant Circumstances– Fire or Explosion– Real or Personal Property– Of Another– Valued of $150 or more

Arson

• Direct Evidence– Subject is observed throwing a Molotov Cocktail

through the front window of a neighbor’s home

• Indirect Evidence– The neighbor is observed walking into the house next

door with two five gallon containers of gasoline. The neighbor walks out several minutes later without the containers. Thirty minutes later the house is fully engaged in flames.

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