The examples and perspective in this article deal primarily with the United States and the United Kingdom and do not represent a worldwide view of the subject.(March 2021) |
Criminal law |
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Elements |
Scope of criminal liability |
Severity of offense |
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Inchoate offenses |
Offense against the person |
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Sexual offenses |
Crimes against property |
Crimes against justice |
Crimes against the public |
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Crimes against animals |
Crimes against the state |
Defenses to liability |
Other common-law areas |
Portals |
Property crime is a category of crime, usually involving private property, that includes, among other crimes, burglary, larceny, theft, motor vehicle theft, arson, shoplifting, and vandalism. Property crime is a crime to obtain money, property, or some other benefit. This may involve force, or the threat of force, in cases like robbery or extortion. Since these crimes are committed in order to enrich the perpetrator they are considered property crimes. Crimes against property are divided into two groups: destroyed property and stolen property. When property is destroyed, it could be called arson or vandalism. Examples of the act of stealing property is robbery or embezzlement.
Property crimes are high-volume crimes, with cash, electronics (e.g. televisions), power tools, cameras, and jewelry often targeted. [1] "Hot products" tend to be items that are concealable, removable, available, valuable, and enjoyable, with an ease of "disposal" being the most important characteristic. [2]
Arson involves any intentional fire setting or attempting to set fire. It is also considered arson if one burns one's own property. A frequent motive for arson is insurance fraud, with the fire staged to appear accidental. [3] Other motives for arson include desire to commit vandalism or mischief, for thrill or excitement, for revenge, to conceal other crimes, or as a hate crime. [4] The Church Arson Prevention Act of 1996 was established to protect places of worship.
Burglary of residences, retail establishments, and other commercial facilities involves breaking and entering, and stealing property. Attempted forcible entry into a property is also classified as burglary, in the FBI's Uniform Crime Reports (UCR) definition.
As of 1999, there were 1.4 million residential burglaries reported in the United States, which was a record low number, not seen since 1966. [5] Though, up to 50% of burglaries are not reported to the police. [5] The clearance rate for burglary is low, with only 12.7% of cases being solved in the United States in 2005, [6] and 23% in the United Kingdom. [5]
In the United States, burglary rates are highest in August and lowest in February, with weather, length-of-day, and other factors having an effect on rates. [5] Fall and Winter are peak seasons for burglary in Denmark. [7] Most residential burglaries occur on weekdays, between 10 and 11 a.m. and 1-3 p.m, when homes are the least likely to be occupied. [5] The temporal pattern is reversed for non-residential burglaries, which are more likely to occur at night and on weekends when commercial premises are unattended. [8]
Burglary at single-family home construction sites is an increasing problem in the United States, Canada, Australia, Europe, and Japan, and elsewhere in the world, with burglary of tools and equipment at residential subdivision construction sites comprising between 5 and 20 percent of building costs. [9] In the United States, equipment worth $300 million to $1 billion is stolen each year. [10] Large-scale tract developers are hardest hit by this form of crime. [11] In 2019 alone, American homes and businesses sustained nearly $13 billion worth of damage or loss from burglaries. Distraction burglary is a form of burglary where the offender(s) trick or dupe the occupant or distract them, allowing co-offender(s) to gain access and commit burglary. [12] The elderly are particularly vulnerable to distraction burglary. [12]
Some crime prevention programs, such as Neighborhood Watch, have shown little effectiveness in reducing burglary and other crime, [5] though can be effective when at least some community participants are home during the weekdays, thus avoiding any large gaps in the Neighborhood Watch during the peak residential property crime hours of 10am to 11am and 1pm to 3pm.[ citation needed ]
Extortion is the use of threats to obtain the property of another person. Some threats may include: future harm, destroying one's property, injuring one's character or reputation, or death.
Theft of cash is most common, over everything else, followed by vehicle parts, clothing, and tools. [2]
In 2005, only 18% of reported cases of larceny/theft were cleared in the United States. [6]
Shoplifting is a specific type of theft, with products taken from retail shops without paying. Items popular with shoplifters include cigarettes, alcoholic beverages, and fashionable clothing. [2]
Bicycle theft is a crime involving theft of a bicycle. Those looking to steal bikes can use a variety of different methods in order to do so.
Embezzlement is the unlawful taking of property by someone whom it was entrusted to. For example, if a named person trusts their friend enough to allow them to hold their wallet, and the friend goes home without returning the wallet with the intention of keeping the money, the friend would have committed embezzlement.
Larceny is the unlawful taking of another person's property with the intention to deprive the owner of it. If the stolen object is above a large value, then it is considered a felony and is called a grand theft. A petty theft is stealing an object with small value which would pass as a misdemeanor. If a person has a lost item in possession, and a reasonable method exists for finding the owner, they must return it or it would be considered larceny. For example, if one finds a wallet with an ID in it, it is their duty to find a method to return it to the owner. Shoplifting and attempted shoplifting fall under this category.
Motor vehicle theft is a common form of property crime, often perpetrated by youths for joyriding. The FBI includes attempted motor vehicle thefts in its Uniform Crime Report (UCR) definition. About 15-20% of motor vehicle thefts are committed for their auto parts or with an intent of re-selling them on the black market. [13] Crime prevention and target-hardening measures, such as car alarms and ignition locks, have been effective deterrents against motor vehicle theft, as have been practices such as etching VINs on car parts. [13]
Only 13% of reported motor vehicle theft cases were cleared in the United States in 2005. [6]
Some car types are more popular with thieves, with sports cars often being preferred by those stealing cars for joyriding. [2] Sport utility vehicles also have higher rates of theft, with the Cadillac Escalade cited in 2003 by the Highway Data Loss Institute as having the most frequent theft claims in the United States. [14]
Construction vehicles are also often stolen, as they can easily be re-sold in the second-hand market. [2]
Robbery is the unlawful taking of property from a person's immediate possession through using force of intimidation.
Vandalism is the willful destruction or damage to a person's property. There are millions of damage every year. Some examples include: breaking windows, ripping down mailboxes, throwing eggs, graffiti, etc.
Mailbox baseball or mailboxing is an activity in which a baseball bat or other object is used to knock over, dent, or smash roadside mailboxes by a passenger in a car. It can be played either as a game, with score kept in a manner similar to baseball, or played simply for aimless fun. In either case it is an act of vandalism and destruction of other peoples' property.
Mailbox baseball is depicted in several films and television shows, such as Stand by Me , The Benchwarmers , Dazed and Confused , Freaks and Geeks , 21 Jump Street , CSI: Crime Scene Investigation (season 9, episode 7; "Woulda, Coulda, Shoulda"), Ghost Whisperer , The Simpsons , Family Guy , and The X-Files .
Damaging, destroying or tampering with mail boxes or with the US mail is a federal crime, punishable by a fine and/or up to three years of imprisonment. [15]
Criminal law is designed to maintain social order and to protect the authority of the state. In capitalist societies, criminal law is also important in protecting personal property and creating a positive environment for economic activity.
In 1473, Carrier's Case in England set a precedent for criminal law in establishing a right for protecting private property. The English court ruled against those who transported merchandise on behalf of others and wrongfully kept that merchandise, stating that it constituted a crime of larceny. The court recognized the importance of protecting property rights, in creating an environment for the English mercantile system to thrive. [16] [17]
In the United States, burglary is considered a felony, and the Federal Bureau of Investigation counts burglary, larceny-theft, motor vehicle theft, and arson in Uniform Crime Reports statistics. [18]
To pay for the damages for repair or replacement. The judge may direct the offender to find or maintain employment.
Money paid to the court which can range from hundreds to thousands.
Must perform specific tasks (school, work, see a counselor etc.).
Similar to probation.
This can be full-time, weekends, or enhanced supervision.
In 2004, 12% of households in the United States experienced some type of property crime, with theft being the most common. [19] The percentage of U.S. households that experienced property crime dropped from 21% in 1994 to 12% in 2004. [19] In Finland, a marked decrease in adolescents committing property crimes also occurred from 1995 to 2004. [20]
The United Kingdom similarly experienced large decreases in property crime, with motor vehicle theft and domestic burglary decreasing 24%, and burglaries, thefts from auto, and other thefts decreasing 45% from 1995 to 2004. [21] From 2001 to 2004, New South Wales in Australia experienced a marked decrease in property crimes, with rates of motor vehicle theft declining by 39%, among other declining trends in property crime. [22]
From 1996 to 2005, the number of arrests in the United States for property crime has declined by 22.1%. The decline is far larger for offenders under age 18, with a decrease of 43.8% in property crime arrests, compared to a 9.5% decrease for those 18 and over. [23] The peak age for property crime arrests in the United States is 16, compared to 18 for violent crime arrests. [24]
Situational factors or characteristics of the building environment may make it a more tempting target for offenders. [25] Situational factors can be altered by property owners to make a property less desirable as a target of opportunity for potential offenders. According to rational choice theory, criminals weigh costs/risks and benefits in deciding whether or not to take advantage of a crime opportunity. [26]
The permeability of residential neighborhoods, or accessibility to outside traffic, is another factor. The proximity of residential areas to main arterial roads is similarly a factor, as such roads tend to be most familiar to criminals and people in general. Criminals tend not to venture too far from familiar places. [27]
Burglars who take cash and jewelry tend to travel on foot, selecting targets close to a busy city center, whereas burglars that target electronics often will travel by car, tending to favor targets in suburban areas. [28]
Property crime control strategies in most English-speaking democracies take a Bentham approach, with focus on punishment and deterrence. [29] Imprisonment punishment also serves to incapacitate offenders for some period of time from re-offending.
The expression "offence against property" is used as a term of art in section 3 of the Visiting Forces Act 1952 (15 & 16 Geo.6 & 1 Eliz.2 c.67) and is defined for that purpose by paragraphs 3 (England and Wales and Northern Ireland) and 4 (Scotland) of the Schedule to that Act
In the application of section 3 of the 1952 Act to England and Wales and to Northern Ireland it means any offence punishable under any of the following enactments:
In the application of the section 3 of the 1952 Act to Scotland it means any of the following offences:
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.
Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or by use of fear. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear; that is, it is a larceny or theft accomplished by an assault. Precise definitions of the offence may vary between jurisdictions. Robbery is differentiated from other forms of theft by its inherently violent nature ; whereas many lesser forms of theft are punished as misdemeanors, robbery is always a felony in jurisdictions that distinguish between the two. Under English law, most forms of theft are triable either way, whereas robbery is triable only on indictment. The word "rob" came via French from Late Latin words of Germanic origin, from Common Germanic raub "theft".
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.
The following outline is provided as an overview of and topical guide to criminal justice:
Burglary, also called breaking and entering (B&E) and housebreaking, is the act of illegally entering a building or other areas without permission, typically with the intention of committing a further criminal offence. Usually that offence is theft, larceny, robbery, or murder, but most jurisdictions include others within the ambit of burglary. To commit burglary is to burgle, a term back-formed from the word burglar, or to burglarize.
Embezzlement is a term commonly used for a type of financial crime, usually involving theft of money from a business or employer. It often involves a trusted individual taking advantage of their position to steal funds or assets, most commonly over a period of time.
The Uniform Crime Reporting (UCR) program compiles official data on crime in the United States, published by the Federal Bureau of Investigation (FBI). UCR is "a nationwide, cooperative statistical effort of nearly 18,000 city, university and college, county, state, tribal, and federal law enforcement agencies voluntarily reporting data on crimes brought to their attention".
In criminal law, property is obtained by false pretenses when the acquisition results from the intentional misrepresentation of a past or existing fact.
Sacrilege is the violation or injurious treatment of a sacred object, site or person. This can take the form of irreverence to sacred persons, places, and things. When the sacrilegious offence is verbal, it is called blasphemy, and when physical, it is often called desecration. In a more general sense, any transgression against what is seen as the virtue of religion would be a sacrilege, and so is coming near a sacred site without permission.
The Theft Act 1968 is an act of the Parliament of the United Kingdom. It creates a number of offences against property in England and Wales.
The Penal Code of California forms the basis for the application of most criminal law, criminal procedure, penal institutions, and the execution of sentences, among other things, in the American state of California. It was originally enacted in 1872 as one of the original four California Codes, and has been substantially amended and revised since then.
Articles related to criminology and law enforcement.
A habitual offender, repeat offender, or career criminal is a person convicted of a crime who was previously convicted of other crimes. Various state and jurisdictions may have laws targeting habitual offenders, and specifically providing for enhanced or exemplary punishments or other sanctions. They are designed to counter criminal recidivism by physical incapacitation via imprisonment.
Civil recovery is the method in some legal systems employed to recover the proceeds of crime, instead of, or in addition to, criminal court proceedings.
National Incident-Based Reporting System (NIBRS) is an incident-based reporting system used by law enforcement agencies in the United States for collecting and reporting data on crimes. Local, state and federal agencies generate NIBRS data from their records management systems. Data is collected on every incident and arrest in the Group A offense category. These Group A offenses are 52 offenses grouped in 23 crime categories. Specific facts about these offenses are gathered and reported to NIBRS. In addition to the Group A offenses, 10 Group B offenses are reported with only the arrest information.
In England, Wales and Northern Ireland, taking without owner's consent (TWOC), also referred to as unauthorised taking of a motor vehicle (UTMV), describes any unauthorised use of a car or other conveyance that does not constitute theft. A similar offence, known as taking and driving away, exists in Scotland.
Burglary is a statutory offence in England and Wales.
Crime in Minnesota encompasses a wide range of unlawful activities that occur within the state, regulated by both state and federal laws. While crime rates in Minnesota are generally below the national average, certain areas and types of crime have garnered public attention.
The Larceny Act 1861 was an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to larceny and similar offences from a number of earlier statutes into a single Act. For the most part these provisions were, according to the draftsman of the Act, incorporated with little or no variation in their phraseology. It is one of a group of Acts sometimes referred to as the Criminal Law Consolidation Acts 1861. It was passed with the object of simplifying the law. It is essentially a revised version of an earlier consolidation Act, the Larceny Act 1827 (7 & 8 Geo. 4. c. 29), incorporating subsequent statutes.
Proposition 47, also known by its ballot title Criminal Sentences. Misdemeanor Penalties. Initiative Statute, was a referendum passed by voters in the state of California on November 4, 2014. The measure was also referred to by its supporters as the Safe Neighborhoods and Schools Act. It recategorized some nonviolent offenses as misdemeanors, rather than felonies, as they had previously been categorized.
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