Types of Crimes are being discussed here.A crime is an act or omission plus criminal intent or negligence prohibited by law and enacted for the protection of the public. The wrong is against the public rather than against the individual, as is the case in a civil wrong. Following are some of the common types of crimes found in the business environment.
8 Deadly Types of Crimes; You Must Know
Larceny is taking and carrying away by trespass (wrongfully) the personal property of another with the intent to permanently deprive him or her of it. The defendant may act directly or by an agent (e. g., a child). He or she may obtain possession directly, as in the case of robbery, or by trick (e. g., where he uses false tokens or pretenses). It is no defense that the person from whom the property was taken was not the owner so long as that person had the right of possession. Statutes in many states provide that an act is larceny even when the defendant intends to return the property (e. g., joyriding statutes). It is not larceny where the defendant receives or takes the goods by mistake unless he had a wrongful intent at the time he acquired the goods.
2. ROBBERY AND BURGLARY.
Robbery and burglary are two different crimes. Robbery at common law was the unlawful taking and carrying away of personal property of another from his person or in his presence, by force or fear, with the intent to permanently deprive him of his property. A purse snatcher is usually guilty of larceny rather than of robbery, because the requisite force is not present. However, if the victim is shoved, the crime can be robbery. Burglary at common law was the breaking and entering of a dwelling at night with intent to commit a felony. Most states have statutes covering the crime of burglary.
For example, the California Penal Code, Section 459, does not require that there be a breaking, does not require that the crime be committed at night, expands the word “dwelling” to practically any type of building, and includes intent not only to commit “any felony” but also to commit “grand or petit larceny.” Thus, it is much easier to commit the crime of burglary under our modern statutes than it was at common law. A typical example of a burglary is the entering of a home or store to take and carry away personal property.
Embezzlement is the wrongful appropriation of personal property of another by one who has been entrusted with it and who has lawful possession. It is a statutory offense. It is common for the statute to specify the persons to whom they apply: clerk, servant, agent, executor, officer, public official. Intent to return the property or its equivalent, or the fact it is returned, is generally no defense.
4. RECEIVING STOLEN PROPERTY.
This crime is committed when the defendant takes property into his or her possession with knowledge that it has been stolen and with intent to permanently deprive the owner. It is not generally required that the defendant be certain that the goods were stolen; it is sufficient if he or she strongly suspects that the goods were stolen. Although the test is whether the defendant actually had the required knowledge, this knowledge can be proven by circumstantial evidence (e. g. , purchase or goods for grossly inadequate price or prior purchases of stolen goods from the thief.
5. OBTAINING PROPERTY BY FALSE PRETENSES.
This crime consists of obtaining title to personal property through false representations with intent to defraud. The representation must be untrue and the defendant must know it is untrue. The representation must relate to a past or present fact. The victim must rely on the false representation and must intend to relinquish title to the property as well as possession.
Forgery is the false making or material alteration of any writing having apparent legal significance with intent to defraud. Typical examples are checks, deeds, mortgages, contracts, and wills. Signing another’s name with. out authority to an instrument is forgery. Raising the amount of a check is forgery 7. ARSON Arson is the burning of the dwelling house of another with malice. The slightest burning will suffice. Modern statutes in most jurisdictions have expanded the crime to include any buildings or structures, whether owned by the defendant or by others, or any personal property in excess of a certain value (e. g. , $25.00). Property burned with intent to defraud an insurance company is a separate crime in most jurisdictions.
Arson is the burning of the dwelling house of another with malice. The slightest burning will suffice. Modern statutes in most jurisdictions have expanded the crime to include any buildings or structures, whether owned by the defendant or by others, or any personal property in excess of a certain value (e. g. , $25.00). Property burned with intent to defraud an insurance company is a separate crime in most jurisdictions.
This crime consists of accepting money or anything of value from one who has committed a crime pursuant to an agreement not to report or prosecute the crime. The victim himself may be guilty of compounding (e. g. , the victim of embezzlement agrees not to prosecute the embezzler if he returns the money). If the victim institutes the agreement by threats to prosecute, he or she may also be guilty of extortion. The obvious procedure for the victim of a crime is to report it to the proper authorities. The reason behind making the above actions of the victim a crime is that the commission of a crime is not a crime against the victim (he or she may have an action in tort), but rather a crime against the people (i. e, , the state). Therefore, only the people through their proper representatives (the police, district attorney, judge, governor) have the right to “forgive” a crime (e. g. , upon restitution of the money). Statutes in many states provide that certain crimes, usually misdemeanors, may be compromised with the approval of the court.
9. INCOME TAX EVASION.
It is a crime to knowingly and willfully cause the filing of a false and fraudulent income tax return. This crime is committed by understating gross income, overstating expenses, or a combination the two.