Module 3
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Is placing a tracking device in infringement against someone's 4th Amendment protections?
If a police officer does it?
If a citizen does it?
If a spouse does it?
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Crimes Against Property (Personal)
This is an interesting way to learn about property crimes- We will cover this topic as well as others in our next session.
This youtube video was published -
Published on Jul 18, 2012
For those of you studying for the Bar, I made a little rap about the personal property crimes to the tune of a karaoke favorite. Hope it helps or is entertaining in the very least! Please note that this is just the crimes against personal property (minus accepting stolen property) so burglary and arson (crimes against habitation) are not included.
Credit: the underlying track is by Coolio - Gangsta's Paradise; the karaoke version is available at: http://www.youtube.com/user/Katharina...
Here are the lyrics:
Thief's Paradise
As I walk with intent to permanently deprive
I take personal property and carry it outside
Cause I have specific intent for this crime, and
It's not LARCENY if I thought it was mine
If you gave up mere custody because of my lie
LARCENY BY TRICK would be my demise, yeah
You better watch your belonging, and in your pockets
Because pickpocketing would be larceny, too
Contrast FALSE PRETENSES, where I would get title
To personal property because I was a liar,
I had the intent to lie and to defraud you
So you gave me title not just mere possession
Keep spending most our time, studying the Bar property crimes
Keep spending most our time, studying the Bar property crimes
Keep spending most our time, studying the Bar property crimes
Keep spending most our time, studying the Bar property crimes
Look at the situation, we've got a taking
Of personal property from your person or near
And I used force or threat of death or injury
With intent to deprive you of it permanently
I'm a ROBBER in this case, and differences arise
From larceny because robbery requires
Me to use force or threat to get you to turn it over
So if you notice me pickpocketing, and resist I'm a robber.
LARCENY is a taking without consent or by fraud
If you use force or threat ROBBERY will be brought
Getting title now, using a lie, from before
We know that it's FALSE PRETENSES for sure!
Tell me why are we, taking property
When the ones we hurt, are you and me?
Keep spending most our time, studying the Bar property crimes
Keep spending most our time, studying the Bar property crimes
Keep spending most our time, studying the Bar property crimes
Please remember to keep in mind, these are just the personal property crimes
Fraudulent conversion, to another person,
By one that's in possession, lawfully, but he EMBEZZLES
Everybody's actions, are intentional in manner
And if he meant to restore it, he's no embezzelor, yeah!
They say I got to learn, but nobody's here to teach me,
If I can't understand it, most likely, NOBODY!
Good luck with the bar exam, everyone!
Thanks to Professor Peter J. Hornigsberg, who reminds us that if we have no idea what a question is asking...."NOBODY" else does either!
Crimes against property are not as obvious as they sound. Although they deal with damage or theft of physical property, sometimes they also involve harm or threat to individuals. When people are involved, the penalties for crimes against property can increase a great deal. Arson Destroys Property Arson is a crime against property. The seriousness of penalties often depends on whether anyone was inside the property at the time it was set on fire. When an owner sets fire to his own property to make an insurance claim, this is usually a felony. Vandalism and Defacement Even if property is not totally destroyed, damaging it is still a crime. Spray-painting someone's automobile, digging up a public garden, or throwing a rock to break someone's window are all examples of vandalism or defacement. These are crimes against property. Theft Is a Property Crime Stealing is a complicated property crime because it falls into so many different categories. Theft is the most minor charge. Theft involves taking something that doesn't belong to you. You might see a laptop sitting untended on a park bench, pick it up, and carry it off. The value of what you take usually determines the penalty. If you shoplift a tube of lipstick, it would be a misdemeanor. Burglary Is More Serious Than Theft Burglary involves entering a building to take something, and it can be a felony if was another person is inside the building when you enter. Burglary also includes entering any other type of property, such as someone's automobile or a storage facility. Some Property Crimes Are Less Obvious Some property crimes may seem so minor, you're not even aware you're breaking the law. For example, it's illegal to hook into your neighbor's television cable hookup. Technically, you're stealing something that your neighbor has paid for - the signal from the cable provider. Automobiles Are Property Automobile crimes include auto theft and carjacking. Auto theft involves stealing a parked vehicle. Carjacking is more serious, because the owner is driving the vehicle at the time you take it. |
1. Arson- Under federal law, arson is damaging or destroying by fire or explosive any building, vehicle, or other personal or real property that's owned or leased by the federal government. State arson laws may differ greatly. In some states, it may be arson if:
594. (a) Every person who maliciously commits any of the following acts with respect to any real or personal property not his or her own, in cases other than those specified by state law, is guilty of vandalism: (1) Defaces with graffiti or other inscribed material. (2) Damages. (3) Destroys 3. Theft - Misdemeanor 484. (a) Every person who shall feloniously steal, take, carry, lead, or drive away the personal property of another, or who shall fraudulently appropriate property which has been entrusted to him or her, or who shall knowingly and designedly, by any false or fraudulent representation or pretense, defraud any other person of money, labor or real or personal property, or who causes or procures others to report falsely of his or her wealth or mercantile character and by thus imposing upon any person, obtains credit and thereby fraudulently gets or obtains possession of money, or property or obtains the labor or service of another, is guilty of theft. 4. Burglary (Misdemeanor?) Felony Residential Commercial Storage - Property Auto Each state defines the crime of burglary differently, but generally this crime involves the unlawful entry into a structure or building for the purpose of committing a crime in it, such as theft or arson. In some states, burglary applies only to houses or dwellings, while in other states it applies to any building or structure, including office buildings, tool sheds, and cars. Burglary may go by another name in your state, like "housebreaking" or "breaking and entering. 459. Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, as defined in Section 21 of the Harbors and Navigation Code, floating home, as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, railroad car, locked or sealed cargo container, whether or not mounted on a vehicle, trailer coach, as defined in Section 635 of the Vehicle Code, any house car, as defined in Section 362 of the Vehicle Code, inhabited camper, as defined in Section 243 of the Vehicle Code, vehicle as defined by the Vehicle Code, when the doors are locked, aircraft as defined by Section 21012 of the Public Utilities Code, or mine or any underground portion thereof, with intent to commit grand or petit larceny or any felony is guilty of burglary. As used in this chapter, "inhabited" means currently being used for dwelling purposes, whether occupied or not. A house, trailer, vessel designed for habitation, or portion of a building is currently being used for dwelling purposes if, at the time of the burglary, it was not occupied solely because a natural or other disaster caused the occupants to leave the premises. |
All these factors can influence the charges and consequently the severity of the punishment applied to the defendant for the offense. The punishment can vary drastically from jurisdiction to jurisdiction and basically will ultimately depend on the degree or class of the charge. In some jurisdictions, burglary may carry a misdemeanor or a felony charge depending on the above-mentioned factors. However, in some jurisdictions, such as in Pennsylvania, burglary is always charged as a felony regardless of the factors or particulars of the case. In this case, the degree or class may vary but the charge will always be a felony.
Another aspect of the crime that can influence the charges in a burglary case is any extra element of the crime. This refers to the burglary actually being a secondary crime or byproduct of the intention to commit another crime, typically a more serious crime. These crimes can include:
Another aspect of the crime that can influence the charges in a burglary case is any extra element of the crime. This refers to the burglary actually being a secondary crime or byproduct of the intention to commit another crime, typically a more serious crime. These crimes can include:
- Arson
- Murder
- Kidnapping
- Identity theft
- Sexual assault
- Destruction of property
- Violation of civil rights
The penalty for burglary depends on the charge and varies widely from jurisdiction to jurisdiction. In some places, burglary is charged according to the intent under which the person committed the burglary, so the act of burglary can fetch a misdemeanor or a felony charge on the perpetrator. In other places, burglary is considered a felony regardless of the intent of the perpetrator.
- A misdemeanor is a lesser crime and may be punishable with a fine, a rehabilitative program, a probationary period, and/or jail time. The jail time normally assigned for a misdemeanor is a year or less and it is usually served in a county or local jail. Misdemeanors are typically tried in low local courts like local justice courts or the municipal courts of a city or county.
- A felony can also be referred to as a high crime and is defined as a more serious crime. These crimes are usually punishable with a fine, a rehabilitative program, a probationary period, and/or jail time and may even include death. Usually, jail time for a felony is over one year and is served in a state penitentiary or federal prison. Some jurisdictions require a grand jury indictment to bring felony charges against an individual.
