Property Crimes

Criminal law divides offenses into two categories: offenses against the person and offenses against property. Offenses against the person involve the harm against a person, whereas offenses against property do not necessarily involve harm to the owner of the property.

Instead, property crimes involve depriving a person of their rights to ownership or use of their property. There are many different property crimes, such as embezzlement and larceny by trick. Some of the more commonly occurring property crimes include:

Theft

Theft, or larceny, involves the intentional taking and carrying away of the personal property of another. The accused must have intended to permanently deprive the owner of their rights to the property. All of these elements must be fulfilled in order the person to be guilty of theft.  The slightest moving of the object would satisfy the "carrying away" element.  In legal terms, "carrying away" is also called "asportation".

For example, if the person accidentally picks up the wrong umbrella on their way out of a building, this would not be a theft. Also, if the person reasonably believed that the item was theirs, it would not be a theft. That is, the intent to steal must be present at the time the item is carried away. Other common examples of theft are shoplifting and auto theft.

Receiving Stolen Property

The offense of receiving stolen property is another example of a crime that does not involve the use of any force against a person. In order to be found guilty of receiving stolen property, the following elements must be met:

An example of this crime is if a person buys clothing that is known to be obtained through theft. This can easily be spotted especially if the sale occurred outside the normal marketplace, such as at a street sale or in an underground market. Note that it is enough that the recipient should have known that the item was stolen. Receiving stolen property has been made a crime in order to deter people from assisting thieves in selling property or getting rid of evidence.

Burglary

Burglary is defined as the breaking and entering of a building for the purpose of committing a crime inside the building. Some jurisdictions require that the breaking and entering occur at nighttime.  "Breaking and entering" need not entail any use of force; entering a building without the owner's consent or through deceit would be considered breaking and entering.   

Most people immediately think of theft when speaking of burglary. However, note that any crime committed inside the building after breaking and entering would constitute a burglary. If a person illegally enters a building for the purpose of committing a battery or for kidnapping someone, it would still be a burglary.

Again, all the elements must be met to constitute a burglary. The intent to commit a crime must occur before or during the breaking and entering. So, if a person sneaks into a building, and then later on decides to steal something, it would not be a burglary (although they might still be guilty of the separate charges of breaking and entering as well as theft).

Arson

A person is guilty of arson if they deliberately set fire to a building, or cause an explosion intending to burn a building. In recent years many people have conducted insurance scams by setting fire to their own home and then collecting insurance on the damages. Thus, courts also include intentionally burning one's own home under arson.

Completely destroying the building is usually not required; some jurisdictions hold "mere charring" to be sufficient for arson.

The crime of arson is further divided into degrees, depending on the severity of the damage and other circumstances. Courts will consider various factors such as the building's value, the particular type of building, and whether other buildings were put at risk. They may also consider whether the person is motivated to collect profit for the burning.

**Note: Burglary and Arson have traditionally been called "crimes against the habitation". However, many courts do not require that the property be a dwelling place in order to find a burglary or arson.

Trespass

Criminal trespass occurs when a person enters the property of another without their permission. The person committing trespass must be aware that they are on the other person's property without their authority.  Also, interfering with someone's rights to their property would be trespassing, such as when a person blocks off part of someone's land.

A person can also be found guilty of trespass if they stay on someone's property after being told to leave. Courts usually define trespass as a misdemeanor crime.

Penalties for trespass can include prison time, fines, or both. Also, the trespasser may have to pay damages. Nominal damages are paid when the plaintiff has suffered no actual harm from the trespass.

Vandalism

Vandalism consists of an intentional act that damages or destroys a person's property.

Some very common forms of vandalism are graffiti and breaking windows. Depending on the severity of the damage, and the nature of the building, vandalism can either be a misdemeanor or a felony.

Vandalism also includes what is called "acquisitive vandalism". This is the destroying of property for the purpose of obtaining goods or money. For example, breaking open an arcade machine in order to obtain coins would be acquisitive vandalism.

Recap

If you have been a victim of a property crime, or you have been accused of a property crime, it is important to obtain a lawyer. Property crimes can have both criminal and civil law repercussions, so you need to be informed of your rights and options. Here are some points to consider in dealing with property crimes: