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Ch 9 Property & Computer Crimes
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Terms in this set (35)
Theft
A general term embracing a wide variety of misconduct by which a person is unlawfully deprived of his or her property
Acquisitive offense
A crime that involves the unlawful acquiring or appropriation of someone else's property; larceny, extortion, embezzlement, false pretenses, robbery, and the receiving of stolen property are all acquisitive offenses; also called wrongful acquisition crime and crime of misappropriation
Larceny
The trespassory or wrongful taking and carrying away (asportation) of the personal property of another with intent to steal
Tangible property
Property that has physical form and can be touched, such as land, goods, jewelry, and furniture; also movable property that can be taken and carried away
personal property
Anything of value that is subject to ownership and that is not land or fixture
fixture
An item that is permanently affixed to the land
Intangible property
Property that has no intrinsic value but that represents something of value; intangible personal property may include documents, deeds, and records of ownership, promissory notes, stock certificates, computer software, and intellectual property
real property
Land and fixtures
Trespassory notes
For crimes of theft, a taking w/o consent of the victim
Asportation
The trespassory taking and carrying away (as of personal property in the crime of larceny or of the victim in kidnapping)
Claim of right
A defense against a charge of larceny that consists of an honest belief in ownership or right to possession
Embezzlement
The misappropriation of property already in the possession of the defendant; also the unlawful conversion of the personal property of another by a person to whom it has been entrusted by (or for) its rightful owner
Conversion
The unauthorized assumption of the right of ownership; conversion is a central feature of the crime of embezzlement, as in the unlawful conversion of the personal property of another, by a person to whom it has been entrusted
False pretenses
Knowingly and unlawfully obtaining title to, and possession of, the lawful property of another by means of deception and with intent to defraud; also called obtaining property by false pretenses
Forgery:
The making of a false written instrument or the material alteration of an existing genuine written instrument
Uttering
The offering, passing,, or attempted passing of a forged instrument with knowledge that the document is false and with intent to defraud
Criminal stimulation
The making of a false document or object that does not have any apparent legal significance
Robbery
The unlawful taking of property that is in the immediate possession of another by force or by threat of force; also, larceny from a person by violence or intimidation or by placing the person in fear
Extortion
The taking of personal property by threat of future harm
Blackmail
A: form of extortion in which a threat is made to disclose a crime or other social disgrace
Compounding a Crime
The receipt of property or other valuable consideration in exchange for agreeing to conceal or not prosecute one who has committed a crime; also called compounding a felony
Identity Theft
The unauthorized use of another individual's personal identity to fraudulently obtain money, goods, or services; to avoid the payment of debt; or to avoid criminal prosecution
Burglary
The breaking and entering of a building, locked automobile, boat, and so on with the intent to commit a felony or theft; also the entering of a structure for the purpose of committing a felony or theft
Constructive Entry
In the crime of burglary, an entry that occurs when the defendant causes another person to enter a structure to commit a crime or for a felonious purpose
Criminal Trespass
The entering or remaining on the property or in the building of another when entry was forbidden; also, failing to depart after receiving notice to do so
Criminal Mischief
The intentional or knowing damage or destruction of the tangible property of another
Looting
: Burglary committed within an affected geographic area during an officially declared state of emergency or during a local emergency resulting from an earthquake, fire, flood, riot, or other disaster
Arson
The knowing and malicious burning of the personal property of another or the burning of one's own property if the purpose is to collect insurance money
Intellectual Property
A form of creative endeavor that can be protected through patent, copyright, trademark, or other legal means; intellectual property includes proprietary knowledge, trade secrets, confidentiality agreements, know-how ideas, inventions, creations, technologies, processes, works of art and literature, and scientific discoveries or improvements
Computer Crime
A crime that employs computer technology as central to its commission and that could not take place w/o such technology; also called cybercrime
Computer fraud
: A statutory provision, found in many states, that makes it unlawful for any person to use a computer or computer network w/o authority and with the intent to (1) obtain property or services by false pretenses; (2) embezzle or commit larceny, or (3) convert the property of another
Computer Trespass
The offenses of using a computer or computer's network w/o the authority and with the intent to (1) remove computer data, computer programs, or computer software from a computer or computer network; (2) cause a computer to malfunction; (3) alter or erase any computer data, computer programs, or computer software; (4) effect the creation or alteration of a financial instrument or of an electronic transfer of funds; (5) cause physical injury to the property of another; or (6) make or cause to be made an unauthorized copy of data stored on a computer or of computer programs or computer software
Theft of computer services
The willful use of a computer or computer network with the intent to obtain computer services w/o authority
Personal trespass of another:
The use of a computer or computer network w/o authority and with the intent to cause physical injury to an individual
Computer tampering
Illegally inserting or attempting to insert a "program: into a computer, while knowing or believing that the "program" contains information or commands that will or may damage or destroy that computer (or its data), or any other computer (or its data) accessing or being accessed by that computer, or that will or may cause loss to the users of that computer or the users of a computer that accesses or that is accessed by such "program"
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