Criminal Law: Crimes Against Property and Habitation

Introduction

• Presenter: Liane the Lawyer
• Lecture Focus: Crimes against property and habitation

Property vs. Habitation

• Real Property: Land and immovable structures (e.g., houses)
• Personal Property: Movable objects (e.g., cars, laptops)
• Habitation: Refers to homes, considered as sanctuaries under common law

Crimes Overview

• Crimes against property may include elements against persons
• Historical context and evolution of laws from common law to modern statutes

Model Penal Code

• Not a law, but a suggestion for ideal laws
• Adopted and enacted by some state legislatures

Arson

• Common Law: Malicious and unlawful burning of a building
• Modern Law: Includes burning or explosions; broadened to include burning own home for insurance
• Degrees of Arson:
  • First Degree: Burning inhabited dwellings
  • Second Degree: Burning uninhabited structures
  • Third Degree: Burning personal property
• Mental State: Malicious, purposeful, or extremely reckless

Burglary

• Common Law: Breaking and entering another's dwelling at night with intent to commit a felony
• Modern Statutes: Unlawful entry (no breaking required), any structure, aggravated if a dwelling or person present, or done at night

Theft Crimes

• Larceny: Trespassory taking and carrying away of personal property with intent to permanently deprive
  • Elements: Without consent, asportation, intent to permanently deprive
• Embezzlement: Conversion of personal property by one with lawful possession with intent to defraud
• False Pretenses: Acquiring title to property through false representation of material facts

Other Theft Crimes

• Fraudulent Checks: Writing checks with insufficient funds; intent to defraud or knowledge of lack of funds
• Mail Fraud: Using postal services with intent to defraud; federal crime
• RICO (Racketeer Influenced and Corrupt Organizations Act): Targeting organized crime; forfeiture of proceeds
• Forgery and Uttering: Making or altering documents with intent to defraud
• Receiving Stolen Property: Knowing possession of stolen property with intent to deprive real owner
• Robbery and Extortion:
  • Robbery: Taking property from a person using force or threat
  • Extortion: Threatening future harm to acquire property

Consolidated Theft Statutes

• Purpose: Simplify prosecution by covering larceny, embezzlement, false pretenses under one statute
• Model Penal Code: Recognizes various forms of theft

Modern Additions

• Identity Theft: Assuming another's identity for fraudulent gain
• Destruction of Property: Includes criminal mischief or vandalism
• Computer Crimes:
  • Targeting computers (theft, destruction)
  • Using computers to commit crimes (cyberstalking, distributing illegal material)

Conclusion

• Historical context and evolution in crimes against property and habitation
• Importance of understanding jurisdictional differences in laws
• Encouraged further exploration of specific state laws