Theft is the act of taking another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it. The word theft is also used as a synonym or informal shorthand term for some crimes against property, such as larceny, robbery, embezzlement, extortion, blackmail, or receiving stolen property. In some jurisdictions, theft is considered to be synonymous with larceny, while in others, theft is defined more narrowly. A person who engages in theft is known as a thief.
In criminal law, mens rea is the mental state of a defendant who is accused of committing a crime. In common law jurisdictions, most crimes require proof both of mens rea and actus reus before the defendant can be found guilty.
Larceny is a crime involving the unlawful taking or theft of the personal property of another person or business. It was an offence under the common law of England and became an offence in jurisdictions which incorporated the common law of England into their own law, where in many cases it remains in force.
Identity theft, identity piracy or identity infringement occurs when someone uses another's personal identifying information, like their name, identifying number, or credit card number, without their permission, to commit fraud or other crimes. The term identity theft was coined in 1964. Since that time, the definition of identity theft has been legally defined throughout both the U.K. and the U.S. as the theft of personally identifiable information. Identity theft deliberately uses someone else's identity as a method to gain financial advantages or obtain credit and other benefits. The person whose identity has been stolen may suffer adverse consequences, especially if they are falsely held responsible for the perpetrator's actions. Personally identifiable information generally includes a person's name, date of birth, social security number, driver's license number, bank account or credit card numbers, PINs, electronic signatures, fingerprints, passwords, or any other information that can be used to access a person's financial resources.
The Computer Fraud and Abuse Act of 1986 (CFAA) is a United States cybersecurity bill that was enacted in 1986 as an amendment to existing computer fraud law, which had been included in the Comprehensive Crime Control Act of 1984. Prior to computer-specific criminal laws, computer crimes were prosecuted as mail and wire fraud, but the applying law was often insufficient.
Bank fraud is the use of potentially illegal means to obtain money, assets, or other property owned or held by a financial institution, or to obtain money from depositors by fraudulently posing as a bank or other financial institution. In many instances, bank fraud is a criminal offence.
An impersonator is someone who imitates or copies the behavior or actions of another. There are many reasons for impersonating someone:
Identity fraud is the use by one person of another person's personal information, without authorization, to commit a crime or to deceive or defraud that other person or a third person. Most identity fraud is committed in the context of financial advantages, such as accessing a victim's credit card, bank accounts, or loan accounts. False or forged identity documents have been used in criminal activity or in dealings with government agencies, such as immigration. Today, the identities of real persons are often used in the preparation of these false documents. This can lead to bad consequences and trouble.
Leocal v. Ashcroft, 543 U.S. 1 (2004), held that aliens may not be deported after being convicted of DUI if the DUI statute that defines the offense does not contain a mens rea element or otherwise allows a conviction for merely negligent conduct.
The term aggravated felony was used in the United States immigration law to refer to a broad category of criminal offenses that carry certain severe consequences for aliens seeking asylum, legal permanent resident status, citizenship, or avoidance of deportation proceedings. Anyone convicted of an aggravated felony and removed from the United States "must remain outside of the United States for twenty consecutive years from the deportation date before he or she is eligible to re-enter the United States." The supreme court ruled 5-4 in Sessions v. Dimaya that the residual clause was unconstitutionally vague limiting the term.
The Postville raid was a raid at the Agriprocessors, Inc., kosher slaughterhouse and meat packing plant in Postville, Iowa, on May 12, 2008, executed by the U.S. Immigration and Customs Enforcement (ICE) division of the Department of Homeland Security together with other agencies.
In the United States, a Social Security number (SSN) is a nine-digit number issued to U.S. citizens, permanent residents, and temporary (working) residents under section 205(c)(2) of the Social Security Act, codified as 42 U.S.C. § 405(c)(2). The number is issued to an individual by the Social Security Administration, an independent agency of the United States government. Although the original purpose for the number was for the Social Security Administration to track individuals, the Social Security number has become a de facto national identification number for taxation and other purposes.
Examining Board v. Flores de Otero, 426 U.S. 572 (1976), was a case decided by the Supreme Court of the United States that invalidated a state law that excluded aliens from the practice of civil engineering. The Court invalidated the law on the basis of equal protection using a strict scrutiny standard of review.
Cyber crime, or computer crime, refers to any crime that involves a computer and a network. The computer may have been used in the commission of a crime, or it may be the target. Netcrime refers, more precisely, to criminal exploitation of the Internet. Issues surrounding this type of crime have become high-profile, particularly those surrounding hacking, copyright infringement, identity theft, child pornography, and child grooming. There are also problems of privacy when confidential information is lost or intercepted, lawfully or otherwise.
Clark v. Martinez, 543 U.S. 371 (2005), was a United States Supreme Court case ending the detention of people who had been denied refugee status. They were kept in prison awaiting deportation even though they could not in fact be deported due to a political stalemate with Cuba. An alien can be found inadmissible on the grounds of poor health, criminal history, substance trafficking, prostitution/human trafficking, money laundering, terrorist activity, etc. The deportation process requires a ruling from an immigration judge for violating immigration laws. The case resolved conflicting rulings made by the 9th and 11th circuits on whether Zadvydas v. Davis (2001) was applicable to inadmissible immigrants, Sergio Martinez and Daniel Benitez. The cases of Martinez and Benitez were later consolidated by the Supreme Court.
United States of America v. Clark is the name of a lawsuit against Jason Elliott Clark by the U.S. government based on identity theft, bank fraud and conspiracy. This was an appeal from the United States District Court for the District of Minnesota. Clark appealed his conviction for aggravated identity theft based on the sufficiency of the evidence and the court's admission of certain prior acts of evidence.
Elonis v. United States, 575 U.S. 723 (2015), was a United States Supreme Court case concerning whether conviction of threatening another person over interstate lines requires proof of subjective intent to threaten or whether it is enough to show that a "reasonable person" would regard the statement as threatening. In controversy were the purported threats of violent rap lyrics written by Anthony Douglas Elonis and posted to Facebook under a pseudonym. The ACLU filed an amicus brief in support of the petitioner. It was the first time the Court has heard a case considering true threats and the limits of speech on social media.
Kansas v. Garcia, 589 U.S. ___ (2020), was a case of the United States Supreme Court that was decided, by a 5–4 majority, in 2020. The case concerned whether it was lawful for a State to enforce laws criminalizing the making of fraudulent representations by aliens who were not authorized to work in connection with obtaining a job; the Court held that it was.
Dubin v. United States, 599 U.S. 110 (2023), was a United States Supreme Court case pertaining to a provision of Title 18 of the United States Code. In the case, the Court settled a circuit split regarding the reach of the federal aggravated identity theft statute.
