Criminal Law Chapter 6: Specific Crimes

Law School

Summary of Chapter 6: Specific Crimes

Chapter 6 delves into specific crimes that encompass a wide range of unlawful activities affecting individuals, businesses, and society at large. The chapter is structured into five main sections: Theft Offenses, Fraud and White-Collar Crimes, Sexual Offenses, Drug Offenses, and Public Order Crimes. Each section explores the elements, examples, legal defenses, and case law related to these crimes, providing a detailed understanding of their complexities and implications.

1. Theft Offenses: Larceny, Embezzlement, False Pretenses

Theft offenses involve the unlawful taking or use of someone else's property with the intent to permanently deprive the owner of its use. This section focuses on three primary types of theft offenses:

Larceny: Defined as the unlawful taking and carrying away of someone else's personal property with the intent to permanently deprive the owner of its use. Key elements include unlawful taking, carrying away (asportation), personal property, and intent to permanently deprive. Common defenses include a claim of right, lack of intent, and mistake.

Embezzlement: Involves the unlawful taking of property by someone who was initially in lawful possession of it. This crime often occurs in employment or fiduciary contexts where trust is abused. Key elements include lawful possession, conversion, and intent to defraud. Legal defenses may include lack of intent, consent, and duress.

False Pretenses: Obtaining property by intentionally misrepresenting a fact, leading the victim to transfer ownership. The crime focuses on obtaining title through deception. Elements include false representation, intent to defraud, reliance, and transfer of ownership. Defenses may include truth, no intent to defraud, and lack of reliance.

2. Fraud and White-Collar Crimes

Fraud and white-collar crimes are non-violent offenses committed primarily for financial gain. These crimes typically involve deceit, manipulation, and breaches of trust, often occurring in business or professional settings.

Fraud: Encompasses various illegal acts characterized by deceit, concealment, or violation of trust for personal gain. Common types include wire fraud, mail fraud, insurance fraud, and securities fraud. Elements involve a false statement, knowledge of falsity, intent to deceive, and reliance. Legal defenses include lack of intent, truthfulness, and no reliance.

White-Collar Crimes: Refer to non-violent offenses committed by individuals in business or professional settings. Common crimes include embezzlement, bribery, money laundering, and tax evasion. These crimes often involve deceptive practices, abuse of power, and complex schemes. Legal defenses may include lack of intent, mistake, and entrapment.

3. Sexual Offenses

Sexual offenses encompass a range of unlawful acts that violate an individual's sexual autonomy. These crimes are prosecuted aggressively due to their severe physical and emotional impact on victims.

Rape and Sexual Assault: Involve non-consensual sexual acts, characterized by force, threat, or incapacity. Key elements include non-consensual acts, force or threat, and incapacity. Legal defenses may involve consent, mistaken belief, and alibi.

Statutory Rape: Involves sexual activity with a person below the age of consent, regardless of willingness. Key elements include the victim's age and sexual activity. Legal defenses may include mistake of age and marriage.

Sexual Harassment: Involves unwelcome sexual advances or conduct creating a hostile environment. Types include quid pro quo and hostile work environment harassment. Legal defenses may involve consent and lack of hostility.

4. Drug Offenses

Drug offenses involve illegal activities related to controlled substances and are often treated seriously due to their social and public health implications.

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