Chapter 11: Crimes Against Property Flashcards

1
Q

cybercrime

A

crimes aimed at the valuable information contained in computers and wireless devices, especially computer databases accessible through the Internet

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2
Q

robbery

A

taking property by force or the threat of force—a violent crime against persons and their property

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3
Q

larceny

A

taking and carrying away a person’s property without the use of force

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4
Q

conversion

A

wrongfully possessing or disposing of someone else’s property as if it were yours

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5
Q

tangible property

A

personal property, not real estate

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6
Q

intangible property

A

property worth nothing by itself but is proof of something of value (such as stock options, bonds, notes, trademarks, licenses, and patents)

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7
Q

embezzlement

A

the crime of lawfully gaining possession of someone else’s property and later converting it to one’s own use

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8
Q

abuse-of-trust crimes

A

crimes growing out of opportunities to get someone else’s property that was entrusted to the perpetrators because of their occupation, now known as white-collar crimes today

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9
Q

fraud

A

a general term that means getting property by deception

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10
Q

obtaining property by false pretenses

A

in modern law, often called “theft by deceit”; making false representations concerning past or present facts with the intent to defraud another

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11
Q

theft

A

intentionally getting control of someone else’s property, includes larceny, embezzlement, and false pretense crimes

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12
Q

white-collar crime

A

criminal behavior committed by the white-collar class, including fraud, swindling, and “double crossing”

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13
Q

mail fraud statutes

A

includes “schemes to defraud or for obtaining money or property” using the U.S. mail

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14
Q

ponzi scheme

A

a fraudulent investment operation that pays returns to investors from their own money or money paid by subsequent investors rather from any actual profit earned

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15
Q

robbery actus reus

A

an act or threat of force BEYOND the amount needed to take and carry away someone else’s property

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16
Q

robbery mens rea

A

the intent to take another person’s property and keep it permanently with the additional intent to use immediate force, or the threat of immediate force, to get it

17
Q

receiving stolen property

A

benefitting from the theft of someone else’s property without having participated in the wrongful acquisition in the first place

18
Q

fences

A

receivers of stolen goods or places where stolen goods are bought

19
Q

receiving stolen property actus reus

A

the act of receiving and controlling at least temporarily (but not necessarily possessing) the property

20
Q

receiving stolen property mens rea

A

depending on the jurisdiction, knowing or believing that received goods are stolen

21
Q

arson

A

damaging or destroying buildings by burning

22
Q

criminal mischief

A

damaging or destroying personal property

23
Q

burning

A

criminal act of setting a building on fire

24
Q

arson mens rea

A

requires a malicious intent to burn or set fire to buildings in most statutes; in some jurisdictions, requires only the general-intent to start a fire

25
first-degree arson
burning homes or other occupied structures (such as schools, offices, and churches) where there's danger to human life
26
second-degree arson
includes burning unoccupied structures, vehicles, and boats
27
malicious mischief
common law crime of intentionally damaging or destroying another's tangible property
28
criminal mischief actus reus
in destruction or damage criminal mischief, the criminal act is burning, exploding, flooding, or committing some other dangerous act; in tampering, it’s any act that threatens or endangers property; in deception or threat, it’s causing harm through deception or threats
29
burglary
breaking and entering a building or structure with intent to commit a crime inside the building
30
breaking
part of the actus reus of common law burglary, requiring an unlawful, frequently destructive, entry into someone else's building
31
entering
part of the actus reus of burglary, meaning to come or go into the building or structure
32
surreptitious remaining element
the entering of a structure lawfully with the intent to remain and commit a crime inside
33
occupied structure
"any structure, vehicle, or place adapted for overnight accommodations or persons, or for carrying on business therein, whether or not a person is actually present"
34
dwelling "of another"
any place where other people live
35
criminal trespass
the unwanted, unauthorized invasion of another person's property
36
identity theft
stealing another person's identity for the purpose of getting something of value
37
intellectual property
ideas and their practical application owned by an individual, a business, or a society
38
Tor browser
created by U.S. Naval intelligence, The Onion Router, or Tor browser, allows users to access the dark web and any website anonymously