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Crimes are generally classified into three
main groups: offenses against the person, offenses against habitation
and occupancy and offenses against property. Interestingly, the development
of offenses against the property has a very rich background.
Common
Law History
In the days of common law, there was a distinction
between the larceny or theft of another person's personal property and
the fraudulent taking of the very same
property. The thief was always regarded as being very bad and evil and
was subjected to severe punishment. However, traditionally, if you managed
to obtain someone's property as a result of deception or trickery, you
were often regarded as being clever and wily. It was a positive trait.
A complete falsehood that resulted in loss of property was something
to be admired. If I could convince you to trust me with your property,
then you were the fool if I ran off with it. The exception was the servant
would be punished, but the con man was praised. Over time, the distinction
was abolished. In the original times, people were held accountable to
do their own investigations about business dealings. Today, society
attempts to protect everyone, so that no one ever investigates.
Types
of Property Crime Some of the more common types
of property crime include burglary, identity theft, shoplifting, arson and vandalism. Burglary
- . If the structure is inhabited, it is first degree burglary. All other
burglaries are second degree. First degree burglary also qualifies as a Strike
under the Three Strikes provisions, sinceit is a serious felony under Penal Code
§1192.7. Identity
Theft - The fastest growing crime seems to be identity theft. California
has more victims than most states. It is a felony to use the personal identifying
information of another person without their authorization in order to obtain merchandise
or credit. Shoplifting
- Probably the most common types of theft offenses are shoplifting and auto
theft. The taking of property that is worth more $400 makes it a felony. Some
counties in California have diversion programs for first-time shoplifting. Arson
- A person is guilty of arson when he or she willfully and maliciously sets
fire to or burns or causes to be burned or who aids, counsels, or procures the
burning of, any structure, forest land, or property. Vandalism
- Vandalism involves a person who destroys, damages or defaces with graffiti
the real or personal property of another. This would include vehicles, signs,
fixtures, and buildings belonging to the government. If the amount of the damage
is $400 or more, then it is a felony punishable by imprisonment in the state prison
or by a fine of not more than $10,000.
Felony
versus Misdemeanor
Although California has traditionally distinguished
between grand theft and petty theft based on the value of the goods,
with $400 being the dividing line, there is a recent proposal to increase
that line of demarcation to $2,500. Thus the definition of felony versus
misdemeanor could be significantly altered if this proposal becomes
law. It would also have a significant impact on the number of people
sent to state prison, as prison is only an option for felonies.
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