PROPERTY CRIMES

1. PROPERTY CRIMES Learning Domain Review 78% Version 3

2. PROPERTY CRIMES Given a word picture depicting a possible property crime or attempted property crime, the student will identify if the crime is complete, and if it is complete,recall the crime elements required to arrest a suspect for that crime,will identify it by its common name and crime classification.

3. PROPERTY CRIMES Theft (P.C. 484) may be defined as: • the taking and carrying away(ASPORTATION) • of the personal property of another,(all property other than real estate) • without the owner's consent, • with the specific intent to permanently deprive the owner thereof. GRAND THEFT - FELONY (P.C. 487) PETTY THEFT - MISDEMEANOR (P.C. 486)

4. PROPERTY CRIMES Property can be taken from: • someone who is in rightful possession of it, • a person or place having lawful possession, • someone who found the property, or • someone who himself stole the property(since legally the property still belongs to the owner from whom it was originally stolen). CONTROL, for the purposes ofgrand theft person, requires that the object must be held, carried or otherwise on the victim's person,not merely in immediate presence.

5. PROPERTY CRIMES • It is not necessary that the thief’s intent be for the purpose of personal gain. • The intent needs only be topermanently deprive the owner of the property. • With theft, theintent to deprive must exist at the time of taking and not at a later time. ***Note: not all thefts require “intent to permanently deprive” to violate the section, i.e. vehicle theft…will discuss later.

6. PROPERTY CRIMES Example: A man loaned his neighbor a ladder. Later he realized he needed the ladder, but his neighbor wasn’t home. He entered his neighbor’s open garage and retrieved his ladder. He is not guilty of theft as he is the owner of the ladder, even though he entered his neighbor’s property to retrieve his ladder.

7. PROPERTY CRIMES Taking and Carrying Away (Asportation) To constitute the necessaryASPORTATION, the thief must move the property so that in some degree it occupies a change in location and the conditions must be such that the thiefsecures such dominion over the property as to be able to carry it away.

8. PROPERTY CRIMES Example: The thief, intending to steal an overcoat from a clothing dummy in front of a store, removed the coat but was unable to carry it away because it was fastened to the dummy by a chain. Not having obtained dominion or control over the coat, there wasno asportation = no larceny (theft).

9. PROPERTY CRIMES Where dominion or control over the property is secured and there be any movement of the property from the place it occupied to another place, even though the distance it was moved is only a matter of inches, ASPORTATION is complete.

10. PROPERTY CRIMES Merely grasping the handle of a suitcase with intent to steal would not be ASPORTATION but merely an attempt; but once the thief has raised or moved the suitcase from its place, the ASPORTATION and the theft are complete. 

11. PROPERTY CRIMES It is not necessary that the ASPORTATION go to the extent of removing the property from the premises upon which it was stolen.  The ASPORTATION "need be only for an appreciable time be it ever so short". 

12. PROPERTY CRIMES Once there is ASPORTATION, the voluntary return of the property does not affect the guilt of the thief.  If one in good faith takes the property of another believing it to be legally one's own or a one's legal right to its possession, he/she is not guilty of theft; to wit, the specific intent to permanently deprive the owner of his property is absent.  Ooops is OK…

13. PROPERTY CRIMES GRAND THEFT as defined in P.C. 487 is committed in the following cases: • When the money, labor, or real or personal property taken is of a value exceeding $400 (PC 487(a)) • Property taken over a 12 consecutive month period, taken by a servant, agent, or employee of the owner totaling $400 or more (PC 487(b)(3)) • Property taken from the person of another regardless of value (the fair market value, contract price – (PC 487(c))

14. PROPERTY CRIMES Value of the following exceeds$100: • Domestic fowls • Avocados • Citrus fruit • Deciduous fruit • Nuts • Artichokes • Olives • Other fruits and vegetables and other farm crops (P.C. 487(b)(1)). • Fish, shellfish, kelp, algae, crustaceans and other aquacultural products (P.C. 487(b)(2)).

15. When the property taken is one of the following; (REGARDLESS OF VALUE) Horse, Mare, Gelding, Bovine animal (cow), Caprine animal (goat), Mule, Jack, Jenny, Sheep (bovine), Lamb, Hog, Sow, Boar, Gilt, Barrow, Pig (P.C. 487(d)) Firearm or Motor vehicle (P.C. 487(d)) Petty theft with a prior conviction for a theft-related offense and jail time served constitutes aFELONY. (P.C. 666) Petty Theftas defined in P.C. 488 includes those thefts which are not classified as grand theft.

16. CREDIT CARD THEFT (Access Cards) "Cardholder" means any person to whom a credit card is issued or any person who has agreed with the card issuer to pay obligations arising from the issuance of a credit card to another person. "Card issuer" means any person who issues an access card or the agent of such person with respect to such card.  The card issuer is the owner of the access card. "Expired access card" means an access card which shows on its face it has elapsed.

17. P.C. 484e(a) – Sell/transfer/convey an access card Felony • P.C. 484e(b) – Acquire 4 or more access cards in the names of others within 12 months Felony • P.C. 484e(d) – acquire/retain access card information with intent to use fraudulently Felony • P.C. 484f(a) – Make/alter/use an access card or Forge an access card Felony • P.C. 484f(b) – Forge signature with intent to defraud  Felony

18. P.C. 484i(b) – Modify or later access card magnetic stripe Felony • P.C. 484i(c) – Design, make, possess, or traffic in card making equipment with the intent to make counterfeit access cards Felony • P.C. 484f(a) – Forge access card Felony • P.C. 484f(b) – Forge access card transaction Felony • P.C. 484g – use card or account information unlawfully obtained or altered; false representation of card ownership – Wobbler Felony • P.C. 484h – retailer with knowledge card is counterfeit, expired or revoked – Wobbler Felony

19. P.C.484e(c) – Acquire or possess access card with intent to use, sell, or transfer without consentMisdemeanor • P.C.484i(a) – Possess incomplete access card with intent to complete without consent of issuer Misdemeanor • P.C.484j – Publish (oral, written, via computer) access card, number, code Misdemeanor

20. Vehicle Theft defined (V.C. 10851) • The driving or taking of • a vehicle not the person’s own • without consent • with the specific intent to eitherPERMANENTLY OR TEMPORARILY DEPRIVEthe owner • of title or possession of such vehicle. Felony

21. GRAND THEFT AUTO (Motor Vehicle) P.C. 487(d) Felony • steals, takes or drives away the motor vehicle of another • with the specific intent to deprive the ownerPERMANENTLYof their property - regardless of the value of the vehicle. If the specific intent cannot be proven, then a jury will more than likely find a defendant guilty of violating V.C. 10851 only.

22. DEFRAUDING AN INNKEEPER – P.C. 537 • obtain • food, fuel, services, or accommodations • at a designated facility without paying • with intent to defraud proprietor or manager. *Misdemeanor unless value over $400 **Gas stations are not designated facilities. ***Using ski facilities without paying for or selling a ski lift ticket without proper authorization is an infraction. (PC 537(b))

23. DEFRAUDING OF AN INNKEEPER P.C. 537 DESIGNATED FACILITIES Hotel Bungalow Court Inn Motel Restaurant Marina Boardinghouse Marine Facility Lodging House Auto Camp Apartment House Public or Private Campground ***Gas stations are not designated facilities

24. BURGLARY – P.C. 459 -FELONY • entering any designated building or structure • with the intent to commit theft, or • any felony. “Intent must exist at the moment the building or room is entered.” …or entering one of the following: Tent, vessel, floating home, railroad car, locked or sealed cargo container, trailer coach, house car, inhabited camper, locked vehicle, aircraft, mine, or any underground portion...

25. …INHABITED means currently used for dwelling purposes, but not necessarily actually occupied, at the moment of the crime. The entry does not have to be forced. As long as the unlawful intent is present, the entry can take place in any manner at any time.

26. Example: Entry into a large store during the day while it is open to the public. The entry does not have to be by the burglar’s person; simply breaking the plane of the door is sufficient.

27. Burglary of a vehicle occurs at the moment entry is made, regardless of whether the intent is to take the vehicle itself or some object inside the vehicle. In almost all cases, the vehicle (or at least the portion entered, such as the trunk) MUST BE LOCKED, so that the entry is forced. Pushing open the broken wing-window of an otherwise locked vehicle will suffice.

28. POSSESSION OF BURGLARY TOOLS – P.C. 466 • the possession of certain tools, or • knowingly making, altering, or attempting to make a key or other instrument to fit or open the lock of a building without legal request, • with the intent to break or enter into any specified structure, • for the purpose of committing any misdemeanor or felony. Misdemeanor

29. POSSESSION OF BURGLARY TOOLS – P.C. 466 Specific tools that can be used for burglaries, but are not limited to: Pick Lock Water Pump Pliers Crow Slide Hammer Key Bit Slim Jim Crowbar Tension Bar Screwdriver Lock Pick Gun Vise Grip Pliers Tubular Lock Pick Floor Safe Door Puller ***it is theresponsibility of the person who is making, altering, or repairing the tool to determine the requestor’s right to have the item made or altered.

30. POSSESSING OF OR RECEIVING PERSONAL PROPERTY WITH ALTERED SERIAL NUMBERS OR IDENTIFICATION MARKS – P.C. 537e • any person whoknowinglybuys, sells, receives, disposes of, conceals, or has in possession • any personal property • from which the manufacturer’s serial number or any other distinguishing number or identification mark has been removed, defaced, covered, altered, or destroyed Misdemeanor …unless it’s a integrated computer chip or panel valued over$400 - then it is a Felony

31. RECEIVING STOLEN PROPERTY P.C. 496(a) -Felony • every person whoKNOWINGLY • buys, receives, conceals, sells, withholds, (POSSESSES) or • aids in concealing, selling, or withholding • ANY PROPERTY OBTAINED by THEFT OR EXTORTION. ***If the person in possession of the stolen property is the thief, the correct charge is THEFT.

32. Receiving of stolen property Felony Mere possession of property that has been stolen is insufficient to prove the crime. The possession must be coupled with circumstances that show the person knew or reasonably should have known that the property was stolen…such as…

33. selling of property at an inadequate price, • flight, • assuming a false name, • sale of property with identification removed, • failure to account for its possession, • giving false testimony, • effort to throw away the stolen property, or • inability to establish existence of person from whom property was received.

34. FORGERY - 470 P.C. - Felony Signing the name of another, or of a fictitious person, without authority, or otherwise alter a document with the intent to defraud… • the intent to defraud • make, utter, publish, pass, or attempt to pass • an altered, forged, or counterfeit document or seal, or • signs an unauthorized or fictitious name …that if genuine, could have a legal significance…such as deeds, mortgages, wills, lottery tickets, negotiable instruments (checks, money orders), contracts

35. FORGERY Once the document is forged, it does not have to be passed in order for the law to be violated. ***If the person is given authority to sign the name of another, no forgery has legally been committed.

36. ARSON – occurs when a person WILLFULLY AND MALICIOUSLY sets fire, or burns, or causes the burning of any structure, forest land, or property. Includes the aiding, counseling, or procuring of arson. P.C. 451– Felony

37. UNLAWFULLY CAUSING A FIRE P.C. 452 - RECKLESSLY setting fire to, burning, or causing to be burned, any structure, forest land, or property. PROPERTY ONLY BURNED is aMisdemeanor If a person is injured, or another person’s inhabited building, structure, or forest land is burned is aFelony

38. RECKLESSLY means a reasonable person is aware of and consciously disregards a substantial and unjustifiable risk that his or her act will set fire to, burn, or cause to burn a structure, forest, or property. A person who is voluntarily intoxicated and creates such a risk is, by this definition, acting in a reckless manner.

39. POSSESSION OF A FLAMMABLE OR COMBUSTIBLE MATERIAL) or "firebomb” P.C. 453(a) –Felony(to commit arson) • Possession or manufacture or disposal of a flammable or combustible material or substance, or any incendiary device in an arrangement or preparation • with intentto willfully and maliciously use such material, substance, or device • to set fire to or burn any structure, forest land, or property. (commit arson)

40. INCENDIARY DEVICE - a device that is constructed or designed to start an incendiary fire by remote, delayed, or instant means,but no device commercially manufactured primarily for the purpose of illuminationshall be deemed to be an incendiary device for the purposes of this section.

41. FIREBOMB - a breakable container containing flammable liquid with a flashpoint of 150 degrees or less, having a wick or similar device capable of being ignited.

42. UNAUTHORIZED ENTRY OF A DWELLING P.C. 602.5 - Misdemeanor • Any person, other than a public officer or employee acting within the course and scope of employment, • whoenters or remains • in a noncommercial dwelling house, apartment, or other such place • without consent of the owner, owner’s agent, or person in lawful possession

43. ENTERING AND OCCUPYING REAL PROPERTY (P.C. 602 and its subsections) Misdemeanor • any person whoenters and occupies • real property or structures of any kind • without consent of the owner, the owner’s agent, or the person in lawful possession. …when used over a period of time or when asked to leave… Transient, non-continuous possession is not considered occupation.

44. TRESPASS TO LAND (P.C. 602 and its subsections) Misdemeanor • any person who enters any land, whether unenclosed or enclosed by fence, • for the purpose of injuring any property or property rights, or • interfering with, obstructing, or injuring any lawful business or occupation • carried on by the owner of the land, the owner’s agent or by the person in lawful possession. ***A person does not need to be requested to leave before the law can be enforced.

45. VANDALISM 594 P.C. MALICIOUSLY INTENT to deface, damage, or destroy with graffiti or other inscribed matter personal or real property not their own. Damage less than $400 -Misdemeanor Damage equals or exceeds $400 or two prior convictions and has served jail time for one vandalism conviction -Felony

46. REPOSSESSION Goods sold under a conditional sales contract in which the title remains with the seller and possession with the buyer may be lawfully repossessed. REPOSSESSION occurs when the seller, or seller’s agent, recovers or takes back with complete control goods that were sold under a conditional sales contract with the buyer fails to pay for them.

47. To complete a repossession, the repossessor must have gained dominion and control of the goods. The buyer can object until the repossessor has control. If the buyer objects, the repossessor must abandon the repossession.

49. ***Public area includes public property and private property open to the public (i.e., offstreet parking) If the repossession is not lawful, law enforcement officer will identify if the repossessor has committed a crime.

50. Crimes may be committed during a repossession dispute: Vandalism, Assault, Battery, Assault with a Deadly Weapon, Disturbing the Peace, Drawing, exhibiting, or using a firearm, Trespassing, and Forcible Entry.