Presentation Transcript

1. Property Crimes

   By the 2013-204 Law Enforcement I Class
2. THEFT Guinn Gruber and Emily Patterson
3. By Guinn Gruber and Emily Patterson

   Theft

   A person commits an offense if he intentionally takes property or service with intent to deprive the owner of property.
4. Theft of Service A person commits theft of service if, with intent to avoid payment for service. The actor obtain the service by deception or threat; or agrees to pay but fails to pay when asked. Punishment : Class C Misdemeanor if service is less than $20 up to 1st Degree Felony if over $200,000 Service - Labor or service EX. Telecommunication, public utility, transportation service, etc. (Sec. 31.04)
5. Unauthorized use of a Vehicle Definition- (Sec. 31.07) If the actor knowingly and intentionally operates another’s motorized vehicle without consent of the owner. This offense is a State jail Felony.
6. Organized Retail Theft Definition- (Sec. 31.16) Person commits conspiracy to steal retail merchandise from the building that presents and sells it. Punishment starts at Class B Misdemeanor if value is less than $50 through 1st Degree felony is value is over $100,000

7. Robbery

   By Maranty Kiana Amanda Class of 13-14
8. Elements of the offense Robbery- a person commits an offense if, in the course of committing theft (1) intentionally, knowingly, or recklessly causes bodily injury to another: or (2)intentionally or knowingly threatens or places another in fear of imminent bodily injury or death An offense under this section is a felony of the second degree
9. Elements of the offense (cont.) Aggravated robbery- a person commits an offense if he commits robbery and (1) causes serious bodily injury to another; or (2) uses or exhibits a deadly weapon; or (3)victim is 65+ or disabled An offense under this section is a felony of the first degree.
10. Lesser Included Offenses Is it possible to commit Robbery without also committing theft? No! “Robbery” is theft using intimidation or causing injury! So “theft” is a lesser included offense of “robbery.” The prosecutor will usually charge both crimes
11. What Property Crimes would you charge? Theft Robbery Aggravated Robbery Penal code citation Texas Constitution and Statues- Home Penal code title 7. offense against property chapter 29 robbery If the criminal were charged only with aggravated robbery, what might his defense be?

12. Burglary

    Miranda Marquez & Kelsey Nguyen
13. definitions CHAPTER 30. BURGLARY AND CRIMINAL TRESPASS Sec. 30.01. DEFINITIONS. In this chapter: (1) "Habitation" means a structure or vehicle that is adapted for the overnight accommodation of persons, and includes: (2) "Building" means any enclosed structure (3) "Vehicle" includes any device by which any person or property may be propelled in the normal course of transportation
14. Name of crime BURGLARY. (a) A person commits an offense if, without the effective consent of the owner, the person: enters or hides in a habitation, or a building not then open to the public, with intent to commit a felony, theft, or an assault; or enters a building or habitation and commits a felony, theft, or an assault. "enter" means to insert any part of the body or any object an offense under this section is a: (1) state jail felony if committed in a building other than a habitation; or (2) felony of the second degree if committed in a habitation. (3) a felony of the first degree if: (a) the premises are a habitation and (b)a the felony is other than felony theft
15. CRIMINAL TRESPASS. (a) A person commits an offense if the person enters or remains on or in property of another, without effective consent and the person: (1) had notice that the entry was forbidden; or (2) received notice to depart but failed to do so.
16. An offense under this section is (1) a Class B misdemeanor (2) a Class C misdemeanor if: on agricultural land or within 100 feet of the boundary of the land on residential land or within 100 feet of a protected freshwater area; and (3) a Class A misdemeanor if: (A) the offense is committed in a habitation or in a critical infrastructure facility [Electrical plant, water plant, etc]; or (B) the person carries a deadly weapon during the commission of the offense.

17. Embezzlement

    Alexis Cappallo and Ariz Karim
18. Elements of the Offense A person commits an offense if he knowingly or recklessly misapplies property he holds as a fiduciary and causes a loss to the owner. Fiduciary:A person who is trusted to manage and protect someone else’s money or property. Example:An employee stealing from a business A courier carelessly loosing his a box of diamonds
19. Types of Embezzlement Siphoning – criminal stealing directly from the cash register Check Kiting – Depositing worthless checks to cove other worthless checks Kickbacks – another company pays the criminal to buy merchandise from only that vendor Overtime– criminal commits embezzlement through the falsification of overtime records
20. Punishment range From Class C misdemeanor if the value of the property is less than $20 to 1st degree Felony if the value of the property is $200,000 or more.
21. Citations Texas Statute: http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.32.htm http://criminal.findlaw.com/criminal-charges/embezzlement.html http://geoffreygnathanlaw.com/6-examples-of-embezzlement/

22. Fraud

    By Caroline Lee, April Abadie, and Sarah Kolanowski
23. Credit Card or Debit Card Abuse Penal Code: Sec. 32.31 An actor uses a card that they do not have permission to use ORa card that is invalid. This is a state jail felony.
24. False Statement to Obtain Property or Credit Penal Code: Sec. 32.32 An actor makes a false written statement to obtain property or credit for himself or another. This is a class A misdemeanor.
25. Bad Checks Issuance of a Bad Check (Sec. 32.41): The actor issues a check AND knows it won’t clear. The actor knows the check will not clear if they fail to pay within 10 days of being notified of the bank’s refusal. This crime is a Class C Misdemeanor.If the check is for child support, it is a Class B Misdemeanor. Check By Theft (Sec. 31.06): The only difference between Issuance of a Bad Check and Theft by Check is the intent: for theft, the actor must have intent to steal property. Check by theft is a Class C Misdemeanor if the value is less than $20. If it exceeds $20, it is a Class B Misdemeanor.
26. False AdvertisementDeceptive Business Practice The actor lies about something that they are selling Example: An ad says a store is selling brand-new shoes, when the shoes are NOT new. It is a Class C Misdemeanor under certain crimes,if the actor has criminal negligence and has no prior criminal history of false advertisement. Otherwise, it is a Class A Misdemeanor. Name: (Sec. 32.42)
27. Counterfeiting Money And Products By: Brianna Mansfield Law Enforcement
28. Uttering counterfeit obligations or securities Whoever, fraudulently makes or passes any falsely made or altered bank notes shall be fined no more than $5,000 or imprisoned not more than 20 years, or both. This is a felony under federal law, so federal penalties apply. Title 18, Section 472 of the United States Code
29. Mutilation, diminution, and falsification of coins Whoever fraudulently alters any of U.S. or foreign which are in actual as money shall be fined no more than $100 or imprisoned not more than 6 months, or both. This is a misdemeanor under Federal Law. Title 18, Section 333 of the United States Code
30. Why is counterfeiting bills punished so much more harshly than coins?
31. Counterfeit Product A person commits an offense if the person intentionally makes, sells or possesses with intent to sell, a product that he knows or should knowbears a counterfeit mark. Punishment Range Min: Class C. if item value is less than $20 Max: 1st Degree Felony if item is valued more than $200,000. Texas Penal Code Section 32.23
32. Mutilation of national bank obligations Whoever mutilates any bank bill with intent to render it unfit to be used, shall be fined no more than $100 or imprisoned not more than six months, or both. Title 18, Section 333 of the United States Code
33. References http://www.moneyfactory.gov/historicallegislation.html http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.32.htm http://www.gpo.gov/fdsys/pkg/USCODE-2011-title18/html/USCODE-2011-title18-partI-chap25-sec471.htm http://www.gpo.gov/fdsys/pkg/USCODE-2010-title18/html/USCODE-2010-title18-partI-chap25-sec472.htm http://www.gpo.gov/fdsys/pkg/USCODE-2010-title18/html/USCODE-2010-title18-partI-chap17-sec331.htm http://www.gpo.gov/fdsys/pkg/USCODE-2010-title18/html/USCODE-2010-title18-partI-chap17-sec333.htm

34. Forgery

    By: Marcus Cuellar
35. Elements of the Crime A person commits an offense if he forges a “writing” with intent to defraud another.
36. Relevant definitions: Forgery “Forge” means to claim: To be act of another who did not authorize act. To have been executed at a time or place or in a numbered sequence other was in fact the case. (Backdating) To be a copy of an original when no such original existed.
37. Elements of the offense Things that can be forged: Printing or any other method of recording information. Money, coins, tokens, stamps, seals, credit cards, badges, or trademarks. Symbols of value, Rights, privileges, or identification, and etc.
38. Punishment Category This crime is classified as a Class A Misdemeanor or State Jail Felony if it is a will or commercial instrument (check, credit card, contract).
39. Penal code citation This article is classified as section 32.21 in Chapter 32: Fraud.

40. Computer Crimes

    By: Duyen Son & Devanih Castillo
41. What is computer crimes?Computer crime refers to any crime that involves a computer and a network. (The computer may have been used in the commission of a crime, or it may be the target.)
42. Breach of computer security Basic offense: A person knowingly intends to access a computer system without the effective consent of the owner. Class B Misdemeanor: 180 days in jail and/or a fine of $2,000 If the actor knowingly obtains a benefit or harms another or harms property, the punishment goes up. Definition: aggregate: total of something (add up)
43. Punishment Category Class A Misdemeanor: damage is less than $1,500; State jail felony: less than $20,000 3rd degree felony: less than $100,000 2nd degree felony: less than $200,000 or if the computer system is owned by the government or a critical infrastructure facility 1st degree felony: $200,000 or more felony punishment depends on if aggravated amount involved. aggregate: total of something (add up), so all the damage done, not just to one victim.
44. Online solicitation of a minor A person who is 17 years or older commits an offense if, A) with the intent to arouse sexual interest in any person communicates over the Internet in a sexually explicit manner with a minor, including sending explicit pics (State jail felony) or B) invites the minor to meet for sex (3rddegree felony) Minor: a person who is younger than 17 years of age Punishment Enhancement 2nd degree felonyif the minor is younger than 14 or the perv thinks so Defenses to being a perv: Perv is not more than 3 years older & minor consented or They are married (still a perv)

45. Name of Crime

    Buying, Receiving, and Possessing Stolen Property By: Celine Sorto, Stephanie Perez and Carolyn Noyola
46. Elements of the offense MONEY LAUNDERING. (a) A person commits an offense if the person knowingly:(1) maintains an interest in, conceals, possesses, transfers, or transports the proceeds;(2) conducts, supervises, or facilitates a transaction involving the proceeds of a felony;(3) invests, expends, receives, or offers to invest, expend, or receive, the proceeds of a felony or funds that the person believes are the proceeds of a felony; or(4) finances, invests or intends to finance or invest funds that the person believes are intended to further the commission of a felony. Texas penal code: Sections 34.01 & 34.02
47. Relevant Definitions "Proceeds" means funds acquired or derived directly or indirectly from, produced through, or realized through: (A) an act; or (B) conduct that constitutes an offense "Funds" includes:(A) coin or paper money of the United States or any other country (B) an official foreign bank note that is customarily used and accepted as a medium of exchange in a foreign country (C) currency or its equivalent, including an electronic fund, personal check, bank check, traveler's check, money order, bearer negotiable instrument, bearer investment security, bearer security, or certificate of stock in a form that allows title to pass on delivery.
48. Punishment Category Can range from a state jail felony if the value of the funds is $1,500 or more but less than $20,000; to a felony of the first degree if the value of the funds is $200,000 or more.

49. Destruction of Property

    Garrett Chenoweth Amari Bruno-Garza & Mckenzee Hurst
50. 3 types Criminal Mischief Vandalism Arson
51. Criminal Mischief A person commits an offense, without consent from owner. The actor intentionally destroys and/or damages the tangible property of the owner or causes substantial inconvenience/hassle to owner. The offense ranges from class B misdemeanor to a 1st degree felony. Min: Less than $500 Max: $200,000+
52. Vandalism An actor commits an offense by damaging property(by marking, painting, tagging, etc.) without effective consent from the owner. The offense ranges from class c misdemeanor to a 1st degree felony. Min: Less than $50 Max: $200,000+
53. Arson An Actor commits an offense by starting a fire, or causes an explosion with the intent to destroy or damage: -Vehicles -Buildings -Habitations
54. Arson punishment State Jail Felony: recklessly commits an offense by starting a fire/explosion, causes damage to property. 3rd Degree Felony: (State Jail Felony and…)causes serious bodily injury/death 2ndDegree Felony: intentionally commits an offense by starting a fire/explosion, causes damage to property. 1st Degree Felony: (Same as 2nd and…) proven that either the habitation or person was intended to be harmed/ damaged.
55. Veronica Gutierrez Natalie Winton

    Telecommunications Crimes

56. Definition "Telecommunications" means sending or receiving any type of signal over a communication system(computers, telephones, router).
57. (A) A person commits an offense if the person manufactures, possesses, delivers, offers to deliver, or advertises: a fake device Hiding origin of signal Stealing cable or any telecommunications service An offense under this section is a 3rd degree felony. It is a defense if the person was an employee of a service provider to gather information for a law enforcement investigation.
58. A person commits an offense if the person knowingly uses or attempts to use a telecommunications service to avoid or cause another person to not pay the service company by using: a telecommunications access device or consent of the lawful holder of the device to use the service for an exchange of value An offense under this section is: a Class B misdemeanor if the value less than $500 a 1st degree felony if the value is $200,000 or more
59. Tampering with direct recording electronic voting machine Elements of the offense: A person knowingly accesses a computerized voting system and alters the vote count. Punishment of category 1st degree felony: 5to 99 years in prison and/or a fine of $10,000
60. Online Impersonation Elements of the offense A person commits an offense if he uses the name of another to create a web page or send messages without obtaining the other person's consent and with the intent to harm another(3rd degree felony) Punishment Category Class A misdemeanor (if the intent is pretending): about 1 year in jail and/or a fine of no more than $4,000 3rd degree felony, (if the intent is to bully): up to 10 years in a prison
61. Penal Code Citation Sec. 33.02. BREACH OF COMPUTER SECURITY Sec. 33.021. ONLINE SOLICITATION OF A MINOR Sec. 33.05. TAMPERING WITH DIRECT RECORDING ELECTRONIC VOTING MACHINE Sec. 33.07. ONLINE IMPERSONATION http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.33.htm