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CHAPTER FOUR
CHAPTER OBJECTIVES
► Be able to differentiate between the concepts of possession, custody, and title.
► Know the components of the common law crime of robbery.
► Be able to explain the different forms of while collar crime.
KEY TERMS
Larceny Trespass
Title Custody
Possession Embezzlement
Robbery White Collar Crime
LECTURE NOTES
Non-violent Crimes
Theft Crimes
Larceny
Common law larceny is defined as the trespassory taking and carrying away of the
tangible personal property of another with the intent of depriving the other person of the
Possession
Possession refers to the legal right to control an object physically for a reasonably long period of
time. This must be distinguished from title which connotes legal ownership.
Custody
Custody is momentary physical control subject to the right of another person to regain physical
Embezzlement
Embezzlement is the fraudulent conversion of tangible personal property of value from another
Conversion
Conversion (and embezzlement) also occurs if one forges the endorsement on a check or draws an
unauthorized check to pay his own expenses or for his own uses.
Receiving Stolen Property
Robbery
Robbery is larceny from a person by violence or intimidation. When property is taken by actual
White Collar Crime
White collar crime today generally encompasses a variety of nonviolent crimes usually
committed in commercial situations for financial gain.
Crimes against Property
Burglary
Common law burglary is the breaking and entering of the dwelling of another in the nighttime
Arson
Under the common law, arson is defined as the malicious burning of the dwelling of another.
In many modern statutes arson is typically graded into 1st degree (homes, schools, churches),
2nd degree (unoccupied structures, vehicles), and 3rd degree (personal property).
Crimes against the Administration of Justice
Crimes against justice are common law misdemeanors that hinder, corrupt, or impede the
functioning of the judicial branch of government.
Crimes against the Public Order
Public order crimes are those that disturb the public peace and tranquility. These offenses
include such things as disturbing the peace, disorderly conduct, affray (fighting in public),
Vagrancy and Loitering
In this country, as in England before it, vagrancy and loitering laws have been used to
protect society from vagabonds, paupers, and beggars who wandered about from place to place
Prostitution
Prostitution is generally defined as the act or practice of engaging in sexual activity for
money or its equivalent. Except for parts of Nevada, it is a criminal act in every state.
Obscenity
Any prohibition on the use or sale of obscene material must not fly afoul of the Constitution’s
First Amendment’s safeguards. In 1973, in Miller v. California (1973) the Court specifically
held that to be obscene (and thus not protected as free speech) objectionable material must meet
all of the following requirements:
But First Amendment restrictions on censorship are relaxed when it comes to child
pornography. To protect children from being exploited by producers of child pornography, the
U.S. Supreme Court has allowed the government to ban visual sexually explicit material that
does not even rise to the level of obscenity. All states prohibit child pornography.
Crimes against the State
Treason
Treason is the only crime specifically defined in the Constitution. Article III, Section 3,
Paragraph 1 of the United States Constitution says:
Espionage
Espionage is spying for a foreign government.
Technological advances such as the widespread use of Xerox copiers in the 1950s, have made it
increasingly difficult to control the distribution of sensitive information. It is now also possible
to commit crimes while sitting at one's computer engaged in what appears to casual observers as
SUMMARY
______This chapter dealt with crimes that are generally not considered to be violent. Some of
these are common law crimes which have been codified by local statutes and ordinances. Others
are federal constitutionally derived offenses.
______Common law robbery consists of larceny from another person by violence or
intimidation. In order for there to be a robbery all the elements of larceny must be present in
addition to violence or the threat of violence. White collar crime is a nonviolent crime usually
committed in commercial situations for financial gain.
Common law burglary is the breaking and entering of the dwelling of another in the
nighttime with the intent to commit a felony therein. Under most modern statutes, the breaking
and entering does not have to be a dwelling house, but can be any enclosure used for living
intoxication, inciting a riot, unlawful assembly, and others. Some crimes in this category are
referred to as consensual or victimless crimes (e.g. prostitution). Prohibition on the sale of
obscene material fall into this category, and such laws must comply with the First Amendment
(free speech) as elucidated in the Supreme Court cases of Roth v. United States and Miller v.
California, where legal distinctions were made between “sex” (protected speech) and
“obscenity” (non-protected speech), with obscenity being that which appeals to prurient interests
by contemporary community standards. Free speech restrictions on prohibiting sexual images
are relaxed, however, when it comes to child pornography.
REVIEW QUESTIONS
1. What is the common law definition of larceny?
2. What is the difference between title, custody, and possession?
6. Why have public order crimes such as prostitution been referred to as
“victimless” crimes?
7. Under the common law, differentiate “riot” from “rout”.
