Crimes Against Property and Persons
Categories of Criminal Conduct
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What are some common crimes involving the property of others?
Each state adopts its own criminal statutes. Some of the more common types of named criminal offenses against someone else's property include: Larceny, Robbery, Burglary, Extortion, Embezzlement, Fraud, False Pretenses, and Theft by Deception.
There are many statutory and common-law charges involving the property of others.
These above-mentioned examples, however, are generally uniform across jurisdictions.
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What is Larceny?
Larceny is the unlawful taking (theft) of personal property with the intent to permanently deprive the rightful owner of it.
What is Robbery?
Robbery is theft through violence or threat.
What is Burglary?
Burglary is theft by breaking into a building (sometimes at night) with intent to commit a felony therein.
What is Extortion?
This is the unlawful obtaining of another's property through coercion, such as the threat of violence.
What is Embezzlement?
This is the theft of money by an individual entrusted to hold it.
What is Fraud, False Pretenses, and Theft by Deception?
Fraud, False Pretenses, and Theft by Deception involve deceiving someone to unlawfully take possession of her property. While fraud generally involves deception, false pretenses, and theft by deception require a knowingly false representation.
Discussion: How do you feel about the premise of revoking an individual's liberty for actions that harm the possessions or property of others? Does the individual's intent when carrying out these actions influence your opinion?
- Those who place a high value on property rights might argue that crimes against property are equally serious to crimes against a person. Others might argue that ownership of property should never subject an individual to a loss of freedom. These arguments can be likewise influenced by the defendant's intent in infringing upon property rights. For example, if a person steals to feed her impoverished family, it is less culpable than someone who steals without the necessity for personal enrichment.
Practice Question: What is the difference between larceny, robbery, and burglary? What is the difference between extortion and embezzlement? What is the difference between fraud and theft by deception?
- Larceny may occur in two forms: simple and grand. If the person takes the personal belongings or property of another individual, she commits larceny. They then convert the items for their own use such as selling it for cash or taking money from an individual. In grand larceny, they will take something of value greater than the state maximum for petty or simple larceny. When a person commits robbery, they steal something that belongs to another person (similarly to larceny), and they often use force, some form of threat, intimidation, or a deadly weapon. Often, the perpetrator will harm another person. Similarly, burglary requires the person to enter the building without consent. Then they must commit another crime while inside. This does not require that the individual steal anything. If theft is the crime committed, the individual could take anything as low in value as $5 and still commit burglary. In a burglary, the perpetrator does not need the use of a weapon, entry is paramount. https://www.legalmatch.com/law-library/article/robbery-vs-larceny-charges.htmlThe difference between extortion and embezzlement. Extortion refers to when a person uses or sends threats to another with the aim of getting money from them. Embezzlement refers to when a person in a position of authority such as an accountant with access to company funds misuses that position to steal funds. https://www.quora.com/what-is-the-difference-between-extortion-and-embezzlementThe difference between fraud and theft by deception. The main difference between fraud and theft is that theft involves unlawfully taking something. In contrast, fraud involves using deceit, lies, or other types of dishonesty to con or trick a person or an organization into giving that person a benefit that is not lawfully theirs. https://www.lawyer4me.com/theft-fraud-robbery/