Crimes Against Property

1. Crimes Against Property

2. Theft Crimes • Theft Crimes: There are six crimes that can loosely be called "theft" crimes: (a) larceny, (b) embezzlement; (c) receipt of stolen property, (d) burglary, (e) robbery, (f) extortion (blackmail).

3. Larceny • Larceny: The trespassory taking and carrying away of personal property of another with intent to steal. • Example: D, a pickpocket, removes V's wallet from V's pocket, and runs away with it without V discovering for some time what has happened. This is common law larceny.

4. Larceny v. embezzlement • Basic examples: Brown the guy who steals an IPod v. Brown the journalism adviser who steals coffee shop funds. • Different crimes based on the control of the $.

5. Larceny: Trespassory taking • (1) Trespassory taking: This means that that if D is already in rightful possession of the property at the time he appropriates it to his own use, he can't be guilty of larceny. • Point: A “trespassory taking” makes this different than another crime “embezzlement.” • Charge D with the wrong crime may have to start over (though the punishments are similar).

6. Larceny: Trespassory taking • D is teenager working as a cashier/food preparer/server at Culvers. D takes a stack of $100 bills out of her cash drawer, and walks out of Culver’s with the money and buys himself a bunch of CDs with the money. Is this larceny or embezzlement? • Point: Lower level. Has custody (temporary) of $, not possession. Larceny.

7. Larceny: Trespassory taking • Employee is considered to have custody rather than possession over materials provided by an employer, such as construction tools or a delivery truck. • The employer is said to have constructive possessionover this property, and an employee who walks away with the tools or truck with the intent to deprive the owner of possession of the tools or truck is guilty of larceny.

8. Larceny: Trespassory taking • D, the president of V, a publicly held corporation, has the right to sign checks on V's bank accounts. He writes a check for $1000, which he uses for his own purposes, and in a way that is not authorized by his employment contract with V. Is this larceny? • Point: Upper level. Had possession of $ first. Embezzlement.

9. Larceny: Trespassory taking • D rents a car from V, a rental car agency. At the time D signs the papers for the car, he intends to use the car for one week (and so notifies V), then return it. Four days into the week, D decides to keep the car permanently, without paying any further rental fee. Is this larceny? • Point: No. Was in rightful possession of the car. Embezzlement. If he intended to take it when he rented it, larceny.

10. Larceny: Trespassory taking • D drives into V's gas station. He asks for his tank to be filled up, and drives off without paying. Is this larceny? • Point: D has “possession”? No. No completion of transaction. Owner still has possession. Larceny.

11. Larceny: “Asportation” • (2) D, to commit larceny, must not only commit a trespassory taking, but must also carry the property away. This is called "asportation." • D enters V's car, turns on the lights and starts the engine. He drives the car ten feet, and then is arrested. Larceny? • Point: Yep. . .even if no driving. Takes possession, dominion and control. Yes. Larceny.

12. Larceny: “Asporation” • Actress Winona Ryder (2001) arrested for shoplifting. Video showed her cutting security tags off clothing with scissors at a Saks Fifth Ave in Beverly Hills. • “Taking”? Exercised control of the clothing in a way incompatible with the store’s ownership rights to the property. • She then left the store with the items (“carrying away.”) $5,500 worth. . . • Convicted of grand theft, vandalism. • HUGH: What if someone takes a drink and drinks it in a store?

13. Larceny: “Personal property of another” • This is usually tangible personal property. The law has expanded to cover intangible property as well, such as stocks, bonds, checks, notes. . .also electricity, gas, services, and trade secrets.

14. Larceny: “Personal property of another” • D's bicycle is stolen. Two days later he sees what is apparently the same bike, chained to a lamppost. D genuinely believes that this is his own stolen bike. He cuts the chain and removes the bike. If the bike is his own, is this larceny? What if it isn't, but he genuinely believes that it is? • Point: No. His property. If a genuine mistake, OK.

15. Larceny: Intent to steal • This crime can only be committed intentionally, not negligently or recklessly. • D enters V's car, intending to take it on a three-mile "joy ride." After one mile, D crashes the car, destroying it totally. Is D guilty of larceny? • Point: No. No intent to steal. Unauthorized use of vehicle. The intent to borrow your neighbor’s car is not larceny. Joyriding statutes.

16. Larceny: Intent to steal • D takes a lawnmower belonging to V, with the intent to keep it all summer and fall, but not permanently. Is this larceny? • Point: Yep. “Substantial deprivation” Significant portion of the property’s economic value. Larceny. Intent to take is here. . .for summer though, not permanently.

17. Larceny: Intent to steal • D works for V. V fires D, and illegally refuses to pay D D's last week of wages, equaling $100. D reaches into V's cash register and removes $100 and walks out with it. Is this larceny? • Point: No. “Claim of right.” Intent here to collect a debt, not steal. If a mistake, OK, even if unreasonable (but sincere).

18. Larceny: Intent to steal • D is owed $100 by V. D sees V's bicycle (worth $75) parked on the street. D takes the bike as a substitute form of payment, and claims that the bike is technically "not the property of another." Is this larceny? • Point: Probably. Can’t claim that it’s his property. Bike v. $ different. Has to be a “liquefiable” asset. . .with a fixed monetary value. What’s the worth of a wedding ring? (for ex).

19. Larceny: Intent to steal • What if this same thing happened in a robbery? Lets say V owes D $25. D and V meet on the street, and V refuses to pay any of the money back, even though it is overdue. D sees that V has the entire sum owed, $25, on V's person. D takes the $25 back by force. Do you think a defendant can use "claim of right" as a defense in robbery? • Point: No. Violent crime here. Not available as a defense.

20. Embezzlement • Embezzlement: A fraudulent conversion of the property of another by one who is already in lawful possession of it. • NIO Example: Bookkeeper for J&J Materials in Mass. Embezzled $6.9 million. Bought a ranch in VT, life size statue of Al Capone, a private performance by Burt Bacharach, 6 talking trees (a la “Wizard of Oz”), and 35 cars. . .on a $40,000 salary?! Caught.

21. Embezzlement • Another example: Randall Radic, pastor of the 1st Cong. Baptist Church in Ripon, CA, stole a church (LA Times). • Faked documents for ownership of parsonage, and using the property, took $200,000 loan. Forged documents giving him power to sell the actual church and sold church for $525,000. • Purchased a $102,000 BMW…caught. • Plead guilty. Wrote book “A Priest in Hell”

22. Embezzlement: Conversion • For most larceny, D needs only to take and carry away the property. • But for embezzlement, D must convert it, i.e., deprive the owner of a significant part of its usefulness. • If D merely uses the property for a short time, or moves it slightly, he is not guilty of embezzlement.

23. Embezzlement: Conversion • D's boss lends D the company car to do a company errand, and D decides to take it and sell it. The police stop D after he has driven the car for one mile. Embezzlement? • Point: No. Haven’t deprived company of significant part of its usefulness yet. • Gone for two weeks? Yep.

24. Embezzlement • 2. Property of another: The property must be property belonging to another, rather than to D. • 3. "By one in lawful possession": The main distinction between larceny and embezzlement is that embezzlement is committed by one who is already in lawful possession of the property before he appropriates it to his own use.

25. Embezzlement: Lawful possession • D, a lawyer, is appointed trustee of a trust for the benefit of V. The trust principal consists of $10,000, held by D in a bank account named "D in trust for V." D takes the money and buys a new car for himself. Embezzlement? • Point: Yes. Took property. Already in lawful possession.

26. Embezzlement: Lawful possession • When employees misappropriate property with which their employer has entrusted them, this is usually embezzlement. • Examples of embezzlement: upper-level bank clerk who steals money from the cash drawer, a computer repair technician who sells the machine that you left to be repaired, or a construction contractor who takes a deposit and then fails to pave your driveway or repair your roof.

27. Embezzlement: Fraudulent taking • NOTE: Claim of right works here just as it does in larceny. • If D honestly believes that he has a right to take the property, this will usually eliminate fraud. • So if D mistakenly believes that the property is his, or that he is authorized to use it in a certain way, this will be a defense.

28. Embezzlement: Fraudulent taking • D, president of V Corp, is dismissed by the board of directors. The board refuses to pay D a $20,000 bonus, which D genuinely believes the company was contractually committed to pay D for D's work in the prior year. D writes himself out a check for $20,000. Embezzlement? • Point: Collecting on a debt. Claim of right. OK, even if mistaken.

29. Embezzlement: Fraudulent taking • D, president of V Corp, "borrows" $10,000 from the corporate treasury with which to play the stock market. At the time of this borrowing, D has a net worth of several million dollars, and honestly intends to repay the money within one week. D is arrested before he can repay the money. Embezzlement? • Point: Intends to repay here. Doesn’t matter. (Even if he has the ability to pay). Embezzlement.

30. Embezzlement: Fraudulent taking • Example: My brother. Partner “borrowed” $20,000 to purchase a new BMW. • When caught, said “I was going to repay it.” Did, but the damage was done. • Again, can’t claim “I was going to repay it” and make it go away. Conversion? Embezzlement.

31. Receiving stolen property • EXAMPLE: Tony and the “Alabama tapes.” • It is a crime to receive stolen property with knowledge that it has been stolen and with intent to deprive the owner. This crime is directed primarily at “fences,” middlemen who buy goods at a very low price from thieves and resell them to end-users. • Issue here: Knowledge of the “stolen-ness” of the property.

32. Receiving stolen property • What if D, a middleman, buys stereo equipment from Joe, with the intent to sell them at a later time. D has bought stolen goods from Joe before. When he asks Joe “Is this stuff stolen?” Joe says, “It fell off a truck. . .you want it or not?” D believes that Joe stole the goods. . .is this receiving stolen property? • Point: Yes.

33. Receiving stolen property • What if D buys stereo equipment from Tom, a guy he has not dealt with before. He asks Tom of the goods are stolen, and Tom denies it. Still, D suspects that the goods are stolen. Would this be receiving stolen property? • Point: Doesn’t meet knowledge requirement. Not receiving stolen property. The mens will always be at issue.

34. Receiving stolen property • What if property is sold by a thief who is cooperating with the police, or by the police themselves? If D takes possession of this “stolen” property, is this receiving stolen property? • Point: Not guilty. Not stolen property. Guilty here of attempt.

35. Receiving stolen property • ILCS on this: 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. . .

36. Burglary • Traditional definition: The breaking and entering of the dwelling of another at night with intent to commit a felony therein • This is the common law definition. . .as the text says, this has been modified in every state to include (1) any structure, not just dwellings, and (2) at any time of day, not just night, (3) not just a felony. . .any crime will do. • Without the “intent to commit a crime” part, it’s criminal trespass.

37. Burglary • People think burglars steal, but not always. It can be any crime, not just larceny. • EXAMPLE: Brian Mitchell/Wanda Barzee broke into home in Salt Lake City, 2002. Took Elizabeth Smart, teen girl. Kidnapping, sexual assault. Charged with burglary as well.

38. Burglary • Could be violent crime as well. • Example: Jonathan Eddington, lawyer in Bridgeport CT, burst through screen window carrying knife and stabbed 59-year-old Barry James, killing him. • Wife had told him that she suspected James of molesting daughter. • Charged with burglar, murder. • Pled guilty to first degree manslaughter (8/07), 12 years.

39. Burglary • Why is there a separate charge for this? • Jim Daley (Huntley PD): Way to hit hardened criminals with a second felony when they commit serious crimes. • Scenarios that follow explain the traditional understanding of burglary. . .I’ll go over IL definition later.

40. Burglary • If Owner simply leaves his door or window wide open, and D enters through this door or window, to steal a diamond necklace. Is this a burglary? • Point: No. Need to create the opening (“breaking”). • What if the door is closed, but unlocked. Burglary? • Point: Yes. Burglar made the opening.

41. Burglary • D opens a window and reaches his hand through to grab an item just on the inside of the window. Is this burglary? • Point: Yes. Any body part equals entry. Yep. TONGS? Maybe. Magnet? Monkey?

42. Burglary • D breaks a window intending to enter a house to steal a television. He then realizes the front door is wide open, so he goes through the front door. Burglary? • Point: NO. The breaking must be the means of entering the dwelling. No burglary because the breaking is not connected to the entry.

43. Burglary • D walks into a bank and robs it in broad daylight, while the bank is open. He created the opening in walking into the bank. . .can we charge him with burglary in addition to the robbery? • Point: No. Needs to be trespassory. . .remember, it’s the cousin of trespassing. Entering when the bank is open isn’t burglary. If you steal a computer from your own dorm room (from a roommate) for example, it’s not a burglary.

44. Burglary • D breaks into a building, just to screw around. Once in, he decides to steal a TV. Burglary? • Point: NO. At the time of entry, the D must have intended to commit the felony. Intent formed later? Not a burglary.

45. Burglary • What if a D breaks into an apartment, intending to kill the V. V never shows. . .is the D a burglar? • Point: Yes. Don’t need to actually complete the crime within the structure.

46. Burglary • D enters an apartment, intending to kill the V. After waiting an hour, he changes his mind and leaves. Is D still a burglar? • Point: Yes. Burglary was completed at the time D enters the building with the intent to commit the felony.

47. Burglary: IL Definition • Sec. 19‑1. 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. (Class 2 felony) • Statute doesn’t require any kind of breaking. Illinois all you need is to “knowingly enter or without authority remain” within a building.

48. Burglary: IL Definition • 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. (Class 1 felony). • Even possession of burglary tools is a crime in IL (class 4 felony).

49. Burglary: IL Definition • Trespassing: Sec. 21‑3. Criminal trespass to real property. (a) Except as provided in subsection (a‑5), whoever: (1) knowingly and without lawful authority enters or remains within or on a building; or (2) enters upon the land of another, after receiving, prior to such entry, notice from the owner or occupant that such entry is forbidden; or (3) remains upon the land of another, after receiving notice from the owner or occupant to depart, commits a class B misdemeanor.

50. “Home invasion” • Traditional definition: Home invasion is the act of burglarizing a private and occupied dwelling for the purpose of committing a violent crime (such as robbery, assault, rape or murder) against the occupant(s). • Example: CT case. . .called a “home invasion” in headline, but charged with burglary.