CHAPTER 23-35 Flashcards
What does chapter 23 have to do with?
Public order
What is disorderly conduct chapter section?
271 Section 53
What are the elements of disorderly conduct?
-suspect purposely caused or recklessly creates risk
-Public inconvenience or annoyance or
-Misconduct, following types of conduct:
-fighting
-agitated or tumultuous behavior
-creating a hazard or physically offensive condition by an act that serve no legitimate purpose
-threatening to use force
When you think of misconduct, what are the four types of conduct?
F. A. C. T.
-Fight
-agitated or tumultuous behavior
-Creating a hazard or physically offensive condition
-threatening to use force
What is the exception for rights of arrest for disorderly conduct?
-special student policy hold it elementary and secondary school students under 18 may not be arrested or even charge with disorderly conduct or disturbing the peace on school grounds or any school related event. This does not apply to anyone and over on School grounds or to School behaviors by juveniles.
What is your right of arrest for disorderly conduct?
-Warrantless arrest in presents in public
What must the suspect do in order to be charged for disorderly conduct?
-Suspect must intend or recklessly and inconvenience, annoyance or alarm.
Where should the public impact be for disorderly conduct?
It could occur on public or private grounds. Misbehavior privately owned parking lot was still likely to affect visitors and other members to the public.
Where are some examples that disorderly conduct may occur?
-secluded public location
-police station
-private property affecting public place
Just because police are present does that prove the public element for disorderly conduct?
The theory behind criminalization to sly contact press on the tendency of the actors contact to provide violence and others, and one must suppose that police officers, employed and trained to maintain order would least likely be provoked.
Explain, that disorderly prohibits for separate acts? What are those four acts?
1) conduct that involves force or violence
2) the threat or force or violence
3) tumultuous behavior, which might not involve physical violence, but which causes a great commotion
4) contact that creates a hazard or physical offensive condition for no legitimate purpose.
Is offensive language alone disorderly?
No offensive language alone is typically not disorderly. Someone yelling at the police calling them fucking pit pigs are not disorderly.
Describe fighting words for disorderly conduct?
Fighting words directed as a citizen is disorderly. Fighting words exist only if the person address would most likely make an immediate violent response.
Describe tumultuous behavior for disorderly conduct.
Tumultuous behavior does not have to be physically violent, but it must involve “riotous commotion“ that constitutes “a public nuisance”.
How can a person refusing to obey the police described as behavior?
Refusing to obey police orders to show his hands, refused to exit the vehicle, and comply with a frisk was considered to tumultuous behavior. Exposed to police and public to danger by reducing the ability of the to maintain order.
Describe a hazard or physically offensive condition for disorderly conduct?
A hazard or physically offensive condition is typically disorderly. Hazards. For example, a man allowing his drug to run to the end of his leash, snapping and growling at Pastor pies and not controlling animals.
-Physically offensive act include throwing a stink ball, throwing garbage or other substances, urinating in public or other conduct
-peeping Tom, the crime of disorderly applies to a peeping Tom who causes “a physically offensive condition” by invading the privacy of persons where they are most entitled to feel secure in their home. Holding his cell phone above the divider bathroom stall to take photos of you on the toilet was “offensive “for disorderly conduct as well.
What do you need to know about legitimate purposes for creating a hazard or disorderly conduct?
There must be “no legitimate purpose“ proved for creating the hazard or offensive condition in order to charge a person with disorderly conduct. Feigenbaum case, 300 people engage in a political protest at Otis Air National Guard base where they blocked traffic entering in exiting. Feigenbaum was arrested. However, the Commonwealth did not prove his cause to public communities by creating hazardous condition, which serve no legitimate purpose. According to Feigenbaum, his legitimate purpose was to save the world. In this case, police officers should have charged him with other alternate charges.
What three situations that has changed for disorderly conduct.
1) begging, and being homeless. No longer may arrest a person for being homeless.
2) you may no longer arrest, peaceful panhandlers’s protected by the constitution.
3) but it is illegal to employ or permit a minor under the age of 15 to beg for money or handouts.
What is 272 section 53?
Disturbing the peace
What are the elements for disturbing the peace as?
-objectively annoying conduct that most people would find annoying or unreasonably disruptive
2) intentional. The suspect behavior was intentional and not the result of a mistake or an
-Victim annoyed. The suspect did in fact annoy or at least one person.
What is the rate of arrest for disturbing the peace?
It is a warrantless arrest in public
What is the rate of arrest for disturbing the peace?
It is a warrantless arrest in public
Explain, objectively, annoying conduct for disturbing the peace
Intentional behavior that is objectively annoying this standard protects people from being arrested for conduct that bothers overly sensitive people since activity must tend to annoy all good citizens.
Explain, objectively, annoying conduct for disturbing the peace
Intentional behavior that is objectively annoying this standard protects people from being arrested for conduct that bothers overly sensitive people since activity must tend to annoy all good citizens.
What context is critical when you were charging disturbing the peace?
Time, place and Manor Is important when charging a person. The behavior check recorded on 95 north in which person is being objectively annoying is when people are watching, being annoyed or bothered by the behavior. for example if a person is yelling in the middle of the night, in a resident residential neighborhood because it is a captive audience. Or a hot summer day, on a busy street, people are watching 2 people get in a heated argument.
Is noise required for disorderly conduct?
No noise is not required. In a situation where victims were walking by with her husband and two children, Robert Britto was sitting on a fence. People walked past, the victim looked back, and Britto was completely naked. He made no sound of gestures, but it made her uncomfortable and made her hurry her family along. His actions were deserving the peace and grossness were proper in charging.
What do you need to know about disorder during public meetings?
For public boards, commissions, committees and town meetings usually have a person in charge. That person in charge is legally responsible for preserving order.
-Police officers assigned for security and meeting to follow the direction of the person in charge. State law gives authority to the chair that:
- no one should speak without permission,
-any person in meeting must be silent,
-after a warning, if a person continues to be disruptive, the chair may order him or her to leave,
-if the person refuses to leave the chair may authorize a police officer to remove him/her by the police officer. But, during the meetings, the chair should direct him.
What would the charge be for disorderly conduct during a public meeting?
Chapter 272 section 40 arrest or charge criminal trespass under 266 section 120. Illegal basis once a person has been ordered by the chair to leave their refusal constitutes “remaining without right “under section 120.
Define an unlawful assembly?
269 section one defines unlawful assembly as a group of five or more persons who are armed with dangerous weapons, or 10 or more people armed or not who are “righteously or tumultuously assembled in a city or town”
What do you have to do before you can arrest anybody at an unlawful assembly?
You have to give a dispersal order. 269 section one direct that any man or state police officer shall in the name of the Commonwealth command, all person immediately and peaceably disperse” you must say before you can arrest.
What is the rate of arrest for an unlawful assembly?
Warrantless arrest in presence.
What is the penalty for those who refuse to obey a dispersal order under 269 section 2?
No more than one year and or kind of no less than $100 in no more than $500.
What would justify a police dispersal order?
And assembly that must be potentially violent in order to justify a police dispersal order. The members of the group must have a common goal to engage in violent acts. That group violence is imminent.
Define incite to riot
A related offense to disorderly. Under Ch 264 s 1 prohibits:
1) advocating, counseling or inciting
2) assault on a public official, killing in person, the unlawful destruction of property, or the overthrow of the state or federal government by force, violence, or other unlawful means
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What is the right of arrest for incite to riot?
It is a felony with right of arrest state penitentiary, NMT3 years or H7 space NMT 2 1/2 years or fine no more than $1000.
What are the two things you need to have to charge incite to riot?
Speech plus immediate/ lawless/violent actions.
In Chapter 24 what is the Chapter and Section for Gaming or Betting in public?
Chapter 271 section 2
What are the elements needed for charging Gaming or Betting in public?
-Knowingly gambled
-In public
What are the elements needed for charging gaming or bedding in public?
-Knowingly gambled
-In public
What is the right of arrest for gambling?
Under 271 section 2, right of arrest is a warrantless arrest and presence.
What are the elements for registering bets under Ch 271 s 17?
The suspect knowingly: -kept place for registering (any place in which they were books or devices for registering bets)
-Permitted registering
-Present to help register.
What are the elements for organizing illegal gaming facilities under chapter 271 section 16A?
The suspect knowing:
-Organized managed or financed
-Received payment from
-At least four persons
-support for lottery or betting. Who provided facilities or services for the conduct of illegal lotteries or the registering of bets.
What is the right of arrest for organizing illegal gambling facilities?
It’s a felony state pendant century NMT 15 years fine NMT $10,000
What are the elements for Illegal Lottery under chapter 271 section 7?
-promote (suspect was involved in anyway and setting up or promoting)
-Lottery
What is the right of arrest in penalty for illegal lottery?
Felony right of arrest SP NMT 3 years or HC NMT 2 1/2 years or fine MT $3000
Define illegal lottery
Except for the state lottery, all others are illegal in Massachusetts. A lottery involves the
1) the payment of a price,
2) possibility of winning a prize,
3) depending on luck or chance.
What is a pyramid scheme?
If pyramid scheme is a lottery because the odds of winning are determined by chance.
What are the elements of crimes relating to the Massachusetts lottery Ch 10 30?
-Fraudulent intent (to defraud)
-Alter or forge
-Massachusetts lottery ticket
What’s the rate of arrest for crimes relating to the Massachusetts lottery?
The right of arrest is a felony SP space NMT3 years or HC space NMT2 years or NLT $100, and empty $500
What is the definition of prohibited sales under Ch 10 s 29?
-prohibited three types of sales.
1) illegal to sell lottery tickets or shares quote at a price greater than that fixed by the commission”2) no person other than a licensed lottery sales agent may sell tickets or shares
3) or maybe sold to a person under the age of 18.
-Anyone may give tickets or shares as a gift
-Anyone may gift a ticket or share to someone under the age of 18
Chapter 25
Which chapter and section is Larceny?
Ch 266, s 30
What are three ways to engage or the three elements of in larceny?
1) stealing
2) larceny by false pretense
3) embezzlement
Explain the element of stealing?
-The suspect unlawfully took and carried away
-The money or property of another
-with the intent to permanently deprive that person
Explain the element of stealing?
-The suspect unlawfully took and carried away
-The money or property of another
-with the intent to permanently deprive that person
Explain the element of larceny by false pretense
-The suspect normally made a false statement of fact
-The victim relied on as being true and
-caused the victim to give the suspect money or property
What is the element of embezzlement under larceny?
-The suspect was entrusted with the property of another
-Took the property, hit it, or converted it to his own use
-with intent to permanently deprive the owner
What is the rate of arrest for larceny?
If the suspect steals a firearm, trade secret, or most common situation, property valued in excess of $250 then under chapter 266 section 30. It is a warrantless arrest on probable cause.
The penalty is SP NMT 5 years or HC NMT2 years and fine NMT $25,000.
What happens if the suspect steals property valued at $250 or less for larceny what is the rate of arrest?
For under $250 under chapter 276 section 28. It is a warrantless arrest in the presence. Otherwise a complaint.
What do you need to know about property subject to larceny?
Larceny involves taking property. The value of the stolen property determines the offices right of arrest and potential penalty. And some cases suspect and steel property more than one time pursuant to a single scheme. On the other hand, distinct larcenies may be presented in multiple counts.
What do you need to know about larceny that occurs when the victim lacks the mental capacity to consent?
When a victim lacks mental capacity to consent, the defendant would be guilty if they induced an elderly woman who lack the mental capacity to give him her property before her death. Because larceny by nature is taking another person’s property without consent and victim did not have mental capacity the defendant was guilty.
What do you need to know about misplaced items for larceny?
Misplaced items are stolen when suspects takes possession with the intent to keep them for his own. Someone leave something behind significant value and has his name on it then the person can be charged with larceny.
What do you need to know about taking property with the intent to return it and claim it reward?
By doing this, it is also larceny.
What do you need to know about taking property with the intent to return it and claim it reward?
By doing this, it is also larceny.
Explain the element of larceny by false pretense.
The heart of larceny by false pretense is lying to convince a victim to depart with money or property. The false fact must be a key reason for the transaction. For example, promised to perform a task, but never had the intention to carry out the promise.
-lying about use for alone when they ask a friend for money, but never intended to use it for what he said or pay it back.
-lying about alone, where a son stole his nine year old father’s money by writing checks and having him sign it.
For larceny by false pretense, what do you need to know about a victims mental disability?
A victims mental disability is relevant, considering inciting whether the representation was false.
What are examples of no defenses for larceny?
-The fall statement does not have to be the only reason that the person gave the money your
-the victims naivety or carelessness is no defense for the person saying they got the money or
Describe the element of embezzlement for larceny?
Embezzlement is a breach of a relationship of trust in order to permanently deprive the owner of money or property. Generally, the offenders intent to permanently deprive is inferred from his hiding the money.
What are the public and police responsibilities for four recovered money, goods or animals?
Procedures for recovery of lost money, goods or animals is covered under chapter 134 section one through seven. It says that a person who finds lost money or goods with the value of three dollars or more or extreme beast who does not know the owner within two days do the following:
-Reported to the police station where the property or item was found
2) place an ad advertisement in the newspaper published within the town. The property was found or.
3) two places within the town if there’s no police station to receive the report.
What are the rights of the owner of money property or animals?
The owner of the money property or animal shall receive them back if here she appears within three months after the straight animals found, or within one year after the money or property or found, and pays all reasonable expenses incurred by the Finder.
What are the rates of the Finder of money goods or animals?
-The Finder may keep the money, indoor goods if he or she complies with the notification rules and is not contacted by the owner within a year of the find. The finder may sell the stray animal at public auction if he or she is not contact contacted by the owner within three months of the find and provide notice at least four days before the auction and two public places in the town with animal was found.however, the animal is not auctioned and the owner appears within one year finder must give back the animal when the owner pays reasonable expenses. Even if the animal has been sold, the finder must pay the owner of the auction price minus reasonable expenses.
Explain how the police is obligated to secure and restore stolen property?
Following the rest of a principal or accomplice to larceny or robbery, an officer must secure the property under the annex schedule of items found, and upon conviction return the property to its owner.
Chapter 26
What does Ch 265 s 19 have to do with?
Robbery
What are the elements for unarmed robbery chapter 265 section 19?
-The suspect by Force or fear
-theft from a person
What’s the rate of arrest or penalty for unarmed robbery?
Right of arrest is felony with the penalty of SP life or any term of of years. However, if the victim is 60 years old or older for a first offense, SP life or any term of years, second or subsequent offense SP, no more than life (mandatory minimum of two years.)
What are the elements for armed robbery under Ch 265 s 17?
-weapon. The suspect was armed with a dangerous weapon
-force or fear. By force or
-theft from a person. Took money or property from the victim or his immediate control.
What are the elements for armed robbery under Ch 265 s 17?
-weapon. The suspect was armed with a dangerous weapon
-force or fear. By force or
-theft from a person. Took money or property from the victim or his immediate control.
What is the right of arrest and penalty for armed robbery?
The right of arrest is felony. Basic offense is SP life or any term of years
While masked. If the offender wore disguise or a mask or had his features artificially distorted, the first defense is SP NLT 5 years, NMT life. 2nd or subsequent offense NLT 10 years, NMT life.
What do you need to know about the method of force for an armed robbery?
The victim does not have to resist or be afraid
What do you need to know about the method of fear for armed robbery?
Robbery may be completed without force if the victim turns over the property due to an assault.
-what constitute sufficient fear depends on the victims vulnerability
-Fear can exist despite the victims denial that he was afraid
-It is sufficient if the victim is afraid for another
What do you need to know about ownership of the property taken? And a armed robbery?
Protective concern, not ownership, is required. The victim doesn’t own the money, but they have a protective concern towards it like they’re watching somebody’s house or belongings they would have protective concern.
What do you need to know about weapons for armed robberies?
-deceptive weapons device would qualify for armed robbery. For example, a fake gun.
-claim of unseen weapon may be sufficient. The victim may take their offender at his word that he had one if he claimed to have one.
-Victim not be aware of the weapon be charged with armor if he had one on him when he was caught
Explain victim superior weapon does not preclude armed robbery charges.
In the case, where suspect 10 a knife in the victim had a gun, the suspect will still be charged with an arm robbery
Chapter 27 Specialized larceny
What does Ch 266 s 25 have to do with?
Larceny from the person
Explain the elements of Larceny From the Person Ch 266 s 25
-Take. The suspect took and carried away.
-Money or property
-Person or control. From a person or from that person’s immediate
-Intent. With the intent to permanently deprive the person.
What is the right of arrest and penalty for Larceny From a Person?
Rid of arrest is a felony. Penalty SP NMT 5 years or HC NMT 2 1/2 years.
What are some notes about Larceny from the Person?
-The offender must steal, without force or fear, property from the victim or from an area within their immediate control.
-the big difference between unarmed Robbery and Larceny from a person is that Robbery involves force or fear Larceny does not
-pick pocketing verse per snatching larceny from a person even if the victim learns what is happening is the larceny because no intimidation is involved. On the other hand, snatching is regarded as robbery.
-the value of the property is irrelevant. Value of the property stolen does not affect an officer’s right of arrest.
Explain the elements of Larceny From a Building under Ch 266 s 20.
-Take. The suspect took and carried away property.
-Building. From a building, ship, vessel, or railroad car and.
-Property of another
-Intent. The suspect did so with the intent to permanently deprive. ** The difference is from larceny from building versus a person ,There is no property value necessary, and it is not in the control of a person. *
Explain the two types of elements of larceny by check under chapter 266 section 37.
Type 1) attempted larceny by check in which the suspect with intent to defraud wrote, cash, or uttered any check or order for payment.
-to a bank or other financial
-with the knowledge that there were insufficient funds
2) actual larceny by check in the suspect obtained money or property or services.
What is the right of arrest for attempted larceny by check in any amount?
A complaint
What is the right of arrest for actual larceny by check $250 or under or $250 or over?
Actual larceny by check 250 and under is a complaint.
-actual larceny by check over $250 under 265 section 30 is a warrantless arrest on probable cause.
What is the right of arrest for actual larceny by check $250 or under or $250 or over?
Actual larceny by check 250 and under is a complaint.
-actual larceny by check over $250 under 265 section 30 is a warrantless arrest on probable cause.
Explain credit or debit card offenses under 266 Section 37A through C.
Credit or debit card crimes fall into four major categories:
1) crimes committed by non-card holders prior to any actual use
2) crimes involving fraudulent use
3) crimes committed by valid card holders
4) and merchant legalities.
Explain credit or debit cards.
Any instrument or device or code number whether known as a credit or debit card or buy another name issued by a user with or without fee for the use of the card holder in obtaining money, goods, services, or any other value on credit or debit.
Explain what falsely embosses means?
The completion of a credit or debit card without the authorization of the named user by adding any of the matter other than the signature of the cardholder, which an issuer requires to appear on the card before it can be used.
Explain receives or receiving for credit or debit card offenses?
Acquiring possession or controlling or accepting as security for a loan
What do you need to know about crimes by non-card holders prior to any actual use of cards?
If you lie to get a card by lying on the application, it is a misdemeanor. No person may lie about his identity or financial condition on a card application.
Explain stealing a card
No individual may take a card from a person, possession, custody or control of another without the card holders consent under section 37B. Also may charge larceny 266 section 30.(1).
Explain stealing a card
No individual may take a card from a person, possession, custody or control of another without the card holders consent under section 37B. Also may charge larceny 266 section 30.(1).
What do you need to know about buying a credit card illegally?
It is illegal for a person to buy a card from another person other than the issue or someone authorized by the issuer. If the person buys a card which he knows is stolen, he can be charge with this offense or receiving stolen property under 266 section 60.
What do you need to know about possessing or receiving a stolen, lost, mislaid, or mistakenly delivered card?
A person may not possess a stolen card lost mislaid or mistakenly delivered card. Period Norma person Cell receive or give anyone of these cards to someone other than the card holder. The government must prove the suspect of the card was stolen or lost, etc. The possession of a card and someone else’s name with the true cardholder signature allows the factfinder to infer the suspect knowledge.knowledge is presumed if the suspect is found in possession of the card in the name of four or more other persons.
What do you need to know about possessing an incomplete credit card?
A person may not be in possession of one or more “incomplete” cards. A card is “incomplete” if it has not been embossed with the card holder information. Someone with an incomplete card is typically involved in serious fraud under section 37C which is a felony.
What do you need to know about possessing an incomplete credit card?
A person may not be in possession of one or more “incomplete” cards. A card is “incomplete” if it has not been embossed with the card holder information. Someone with an incomplete card is typically involved in serious fraud under section 37C which is a felony.
What do you need to know about possessing four or more falsely embossed cards?
A person found in possession of four or more falsely and Boston is presumed to have falsely embossed them and be charged under section 37C which is a felony.
What do you need to know about crimes involving the fraudulent use of credit cards?
A person may never without consent of the cardholder represent that he is the cardholder and obtain anything of value. Norma, a person represent that he is the holder of the card which has not been issued obtain anything for value. For value received that is 1200 or under under section 37B it’s a misdemeanorfor any value over $1200 under section 37C is a felony.
What do you need to know about a person using an illegally bought card?
The person may not use or attempt to use a card that was bought from any one other than the issuer. For value received that is $1200 or under under 37B is a misdemeanor for values over $1200 or more under section 37C is a felony.
Explain receiving anything a value with an improper credit card or by false representation?
This offense penalizes a person who receives anything of value, whether or not he or she actually use the card, that was obtained with a stolen mislaid mistakenly delivered or illegally bought or sold expired or revoked card. Additionally, a person may not falsely represent that he or she is a card holder. For values that is 1200 or under 37B misdemeanor. For value over $1200 Section 37C is a felony.
Explain receiving anything a value with an improper credit card or by false representation?
This offense penalizes a person who receives anything of value, whether or not he or she actually use the card, that was obtained with a stolen mislaid mistakenly delivered or illegally bought or sold expired or revoked card. Additionally, a person may not falsely represent that he or she is a card holder. For values that is 1200 or under 37B misdemeanor. For value over $1200 Section 37C is a felony.
When are you always allowed to arrest for credit card or debit card offenses?
Always if the police are present during the crime, they may arrest. Everything else is a complaint.
What do you need to know about misrepresentation of card ownership?
Misrepresentation of card ownership is insufficient proof without the owners testimony or some other proof. You may not charge them with this. Each card owner must testify that the charges were unauthorized. A child who uses his parents card without permission may also be charged.
What do you need to know about identity fraud?
Identity fraud is a lesser included offense.
What do you need to know about out-of-state offenders?
Out of state offenders may be convicted in Massachusetts if he or she failed to obtain consent from the card holder here in Massachusetts. In commonwealth versus Thompson the defendant used two Massachusetts victims credit cards in New Hampshire to make purchases online and had the good sent to the address in New Hampshire. She could be charged with and convicted of credit card fraud for Massachusetts because that’s where she violated. The person violated her duty to obtain consent from the card holders to use the card and it is where the victim suffered the detrimental effects of her conduct.
What are the two types of identity fraud under chapter 266 section 37E?
Type one: posing as another without authorization.
Type two: possessing tool to access account.
What are the elements for type? One identity fraud posing as another without authorization?
The suspect
-Posed as another person or obtain the identity information of another
-unauthorized. Without that person’s authorization.
-Fraudulent intent. The suspect did so for the fraudulent purpose of:
-obtaining or attempting to obtain money, credit, goods, services, or anything of value
-Obtaining or attempting to obtain any ID or other evidence that this person’s identity or
-Harassing another
What is type two elements of identity fraud, possessing tools to access accounts?
Possessed. Possessed a tool, instrument, or other article adapted, designed or commonly used for accessing a person
-Financial service account number, -savings account or checking or brokerage, credit card, debit card account numbers
-Automated teller machine numbers
-Pine
-mothers maiden name
-Computer password
-Electronic signature
-unique, biometric data that is a fingerprint, voice, print, retinal, image, or iris image of
-Intent to steal. With intent to commit larceny or with knowledge that another person intends to use that information to commit larceny.
What is the right of arrest for identity for fraud?
Under 266 Section 37E it is a warrantless arrest on probable cause.
How does identity fraud chapter 266 section 37E define harass?
Maliciously engaged in an act directed at a specific person or person that would cause a reasonable person to suffer, substantial emotional distress.
How does identity fraud chapter 266 section 37E define harass?
Maliciously engaged in an act directed at a specific person or person that would cause a reasonable person to suffer, substantial emotional distress.
What is the definition of personal identifying information?
Any name or number used, alone or in conjunction with other information, to assume another person’s identity, including any name, address, phone number, drivers license, Social Security number, workplace, employee ID, mothers, maiden, name, bank, account, or credit card number, or computer password
What is the definition of personal identifying information?
Any name or number used, alone or in conjunction with other information, to assume another person’s identity, including any name, address, phone number, drivers license, Social Security number, workplace, employee ID, mothers, maiden, name, bank, account, or credit card number, or computer password
What is the definition of pose?
To falsely represent themselves, directly or indirectly, as another person.
What is the definition of pose?
To falsely represent themselves, directly or indirectly, as another person.
What do you need to know about mandatory police report and jurisdiction?
A police officer shall accept a victims report and provide a written incident report if requested within 24 hours. Broad jurisdiction to receive the report is where victims may file the report in any county where they reside or where the owner of the license holder maintains their personal information or place of business, or where the breach of security occurred And hole or in part. The reason for this is a person cannot get their money back from the credit card if they said someone else use the card without a police report.
What is important to know about identity fraud, and charging a suspect with it?
Evidence must show that the suspect impersonated someone without authorization. If there’s no evidence that the suspect did so without authorization, they can’t be charged under this chapter and Section.
Explain the elements for obtaining computer services by fraud under chapter 266 section 33A.
-Fraudulently obtain or object attempt to obtain
-computer service (meaning any use or access to computer systems programs or networks provided for monetary compensation)
-Various methods:
-False representation
-unauthorized charging to the account of
-Installing or tampering with any facilities or equipment
-any other means
What is the rate of arrest for obtaining computer services by fraud?
A complaint only.
Explain Destruction of property statute applies to computer records under obtaining computer services by fraud?
Chapter 266 section 127 now states that “the words personal property shall also include electronically processed or store data, either tangible or intangible, and data while in transit” thus viruses and other computer mischief can be prosecuted as malicious or destruction of property.
