The Statutory Standard: Larceny

The Mississippi statute follows the common law of larceny.

Mississippi Code Section 97–17–41. Grand Larceny

Every person who shall be convicted of taking and carrying away, feloniously, the personal property of another, of the value of Five Hundred Dollars . . . or more, shall be guilty of grand larceny, and shall be imprisoned . . . for a term not exceeding ten . . . years; or shall be fined not more than Ten Thousand Dollars . . . or both.

Every person who shall be convicted of taking and carrying away, feloniously, the property of a church synagogue, temple or other established place of worship, of the value of Five Hundred Dollars . . . or more, shall be guilty of grand larceny, and shall be imprisoned . . . for a term not exceeding ten . . . years, or shall be fined not more than Ten Thousand Dollars . . . or both.

 

The Statutory Standard: Embezzlement

South Dakota Laws Section 22–30A-10. Misappropriation of Property Held in Trust

Any person, who has been entrusted with the property of another and who, with intent to defraud, appropriates such property to a use or purpose not in the due and lawful execution of his or her trust, is guilty of theft. . . .

 

The Statutory Standard: False Pretenses

Can you explain the relationship between this Vermont statute on “antiquities and rarities” and false pretenses?

Vermont Statutes Section 2023. Simulating Objects of Antiquity or Rarity

A person who, with the purpose of defrauding anyone or with the knowledge that he is facilitating a fraud to be perpetrated by anyone, makes or alters any object so that it appears to have value because of antiquity, rarity, source or authorship which it does not possess shall be imprisoned for not more than one year or fined not more than $1,000.00 or both.
 

The Statutory Standard: Identity Theft

Florida Statutes Section 817.568. Criminal Use of Personal Identification Information

(1)  . . .

(2)        (a)     Any person who willfully and without authorization fraudulently uses, or possesses with intent to fraudulently use, personal identification information concerning an individual without first obtaining that individual’s consent, commits the offense of fraudulent use of personal identification information, which is a felony of the third degree. . . .

(b)  Any person who willfully and without authorization fraudulently uses personal identification information concerning an individual without first obtaining that individual’s consent commits a felony of the second degree, . . . if the pecuniary benefit, the value of services received, the payment sought to be avoided or the amount of the injury or fraud perpetrated is $5,000 or more or if the person fraudulently uses the personal identification information of 10 or more individuals without their consent. Notwithstanding any other provision of law, the court shall sentence any person convicted . . . to a mandatory minimum sentence of 3 years’ imprisonment.

(c) Any person who willfully and without authorization fraudulently uses personal identification information concerning an individual without first obtaining that individual’s consent commits a felony of the first degree . . . if the pecuniary benefit, the value of the services received, the payment sought to be avoided, or the amount of the injury or fraud perpetrated is $50,000 or more or if the person fraudulently uses the personal identification information of 20 or more individuals without their consent. Notwithstanding any other provision of the law, the court shall sentence any person convicted of committing the offense described . . . to a mandatory minimum sentence of 5 years’ imprisonment. . . . If the pecuniary benefit, the value of the services received, the payment sought to be avoided, or the amount of the injury or fraud perpetrated is $100,000 or more or if the person fraudulently uses the personal identification information of 30 or more individuals without their consent . . . the court shall sentence any person convicted of committing the offense described . . . to a mandatory minimum sentence of 10 years’ imprisonment.

 

Pennsylvania Consolidated Statutes Section 3933. Unlawful Use of Computer

(a)        A person commits the offense of unlawful use of a computer if he, whether in person, electronically or through the intentional distribution of a computer virus:

(1) accesses, exceeds authorization to access, alters, damages or destroys any computer, computer system, computer network, computer software, computer program or data base or any part thereof, with the intent: to interrupt the normal functioning of an organization or to devise or execute any scheme or artifice to defraud or deceive or control property or services by means of false or fraudulent pretenses, representations or promises;

(2) intentionally and without authorization accesses, alters, interferes with the operation of, damages or destroys any computer, computer data base or any part thereof;

(3) intentionally or knowingly and without authorization gives or publishes a password, identifying code, identification number or other confidential information about a computer, computer system, computer network or data base.

(4) intentionally or knowingly engages in a scheme or artifice, including, but not limited to, a denial of service, attack upon any computer, computer system, computer network, computer software, computer program, computer server or data base or any part thereof.

(b)        Grading. An offense under subsection (a)(1) is a felony of the third degree. An offense under subsection (a)(2),(3) or (4) is a misdemeanor of the first degree.

(c)  . . .

(d) Restitution. Upon conviction . . . for the intentional distribution of a computer virus, the sentence shall include an order for the defendant to reimburse the victim for:

(1)  the cost or repairing or . . . replacing the affected computer, computer network . . . software . . . program or data base.

(2)  lost profit. . . .

(3)  the cost of replacing or restoring the data lost or damaged. . . .
 

The Statutory Standard: Receiving Stolen Property

Florida Statutes Section 812.019

(1)  Any person who traffics in, or endeavors to traffic in, property that he or she knows or should know was stolen shall be guilty of a felony of the second degree [punishable by up to fifteen years in prison].

(2)  Any person who initiates, organizes, plans, finances, directs, manages, or supervises the theft of property and traffics in such stolen property shall be guilty of a felony of the first degree [punishable by up to thirty years in prison].
 

The Statutory Standard: Forgery

Consider how the South Carolina statute applies and expands the law of forgery.

South Carolina Code 16–13–15

(A) It is unlawful for any person to falsify or alter a transcript, a diploma, or the high school equivalency diploma known as the GED from any high school, college, university, or technical college of this State, from the South Carolina Department of Education, or from any other transcript or diploma issuing entity.

(B) It is also unlawful for any person to use in this State a falsified or altered transcript, diploma or high school equivalency diploma known as the GED from the South Carolina Department of Education, or from any in-state or out-of-state high school, college, university or technical school, or from any other transcript or diploma issuing entity with the intent to defraud or mislead another person.

(C) Any person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than one year, or both.
 

The Statutory Standard: Robbery

California Penal Code: Sections 211–212. Robbery

211.     Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.

212.    The fear mentioned . . . may be either:

(1)  The fear of an unlawful injury to the person or property of the person robbed, or of any relative of his or member of his family; or,

(2)  The fear of an immediate and unlawful injury to the person or property of anyone in the company of the person robbed at the time of the robbery.

A number of states punish the crime of home invasion. Why is this singled out from the other types of robbery? Is this offense already punished by the crime of burglary?

Florida Statutes Section 812.135. Home-Invasion Robbery

(1)  “Home-invasion robbery” means any robbery that occurs when the offender enters a dwelling with the intent to commit a robbery, and does commit a robbery of the occupants therein.

(2)(a)         If in the course of committing the home-invasion robbery the person carries a firearm or other deadly weapon, the person commits a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment. . . .