MCOLES Crimes Against Property

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MCOLES Crimes Against Property
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2011-02-20 12:47:52
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MCOLES Crimes Against Property I-B-2
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  1. ARSON
    MCL 750.71-77
    • Willfully or maliciously, without just cause or excuse, starting a fire or doing anything that could result in the starting of a fire.
    • -The heading of arson includes the following related charges:
    • +Arsont to a Dwelling
    • +Arson to Other Real Property
    • +Arson to Personal Property
    • +Arson to Insured Property
    • +Preperation to Burn
  2. Auto Theft
    MCL 750.413-.414
    • Comprised of the following charges:
    • -UDAA Unauthorized Driving Away and Automobile-felony
    • -Unathorized Use of an Automobile-Misd.
  3. UDAA-Unathorized Driving Away of an Automobile
    MCL 750.413
    Felony
    • Elements:
    • 1. Vehicle belonged to someone else
    • 2. Suspect took possessionof the vehicle and drove or took it away
    • 3. Suspect did not have the owners permission
    • 4. Suspect intended to take the vehicle
  4. UUA-Unathorized Use of an Automobile
    MCL 750.414
    H.C. MISDEMEANOR
    • Elements:
    • 1. Suspect obtained lawful possession of the vehiclefrom its owner
    • 2. Suspect used the vehicle beyond the granted authority
    • 3. Suspect did so intentionally
    • 4. Suspect knew they did not have authority to do so
  5. B and E
    MCL 750.110-.111
    FELONY
    • A person who B and E, with the intent to commit a felony or larceny therein, a tent, hotel, office, store, shop, wharehouse, barn, granary, factory or other building, structure, boat, ship, shipping container, or railroad car
    • Core Elements:
    • 1. Suspect broke into a building
    • 2. Suspect entere into a building
    • 3. When the suspect B and E'd, they intended to commit a felony or a larceny

    • This provision also includes the crimes of:
    • -Home Invasion
    • -Entering w/o Breaking
  6. Home Invasion-1st Degree
    MCL 750.110a
    Felony
    • Must meet elements of B&E plus the following:
    • B&E'd or entered w/o permission and:
    • -at the time they intended to commit a felony, larceny, or assault, or
    • -While entering, present in, or exiting, committed a felony, larceny, or misdemeanor assault.
    • And when the suspect entered, was present in or leaving, one of the following occurred:
    • -the suspect was armed with a dangerous weapon, or
    • -A person was lawfully in the dwelling at the time
  7. Home Invasion-2nd degree
    MCL 750.110a
    Felony
    • Suspect B&E'd into a dwelling, or entered a dwelling w/o permission and:
    • -At the time, they intended to commit a felony, larceny, or assault, or
    • -They committed a felony, larceny, or assault once inside
  8. Home Invasion-3rd Degree
    MCL 750.110a
    Felony
    • The suspect B&E'd a dwelling or entered w/o permission and:
    • -At the time, they intended to commit a misdemeanor, or
    • -He/she committed a misdemeanor once inside
    • -He/she at any time while entering, present in, or exiting violated a court order
  9. Check Law Violations
    MCL 750.131-.134
    Includes Non-Sufficient Funds, No Account Check, Three NSF Checks within 10 days
  10. NSF-Non-Sufficient Funds
    MCL 750.131
    • Elements:
    • 1. There was a drawing of acheck for payment of money on a bank
    • 2. The suspect knew that the bank account had insufficient funds or credit to pay the check
    • 3. The suspect intended to defraud someone

    Penalties vary depending on number of offenses and amount of fraud
  11. No Account Check
    MCL 750.110a(1)
    Felony
    • Elements:
    • 1. The suspect signed the check on the date in question,
    • 2. The check was drawn on a bank,
    • 3. The suspect had no account or credit at that bank on the date,
    • 4. The check was presented for payment, and
    • 5. The suspect intended to defraud when he/she wrote or presented the check
  12. Three NSF Checks within 10 Days
    MCL 750.131a(2)
    Felony
    • Elements:
    • 1. Suspect wrote or delivered three checks, draftsm or money orders within 10 days that were drawn on a bank
    • 2. The suspect knew he/she did not have enough money or credit to pay the amount in full and
    • 3. The suspect intended to defraud or cheat someone
  13. Conspiracy
    MCL 750.157a
    • Anyone who knowingly agrees with someone else to commit a crime is guilty of conspiracy.
    • Elements:
    • 1. The defendant and one or more persons knowingly agrees to commit a crime.
    • 2. The defendant specifically intended to commit or help commit that crime.
  14. Counterfeit Money
    MCL 750.252
    Felony
    Unauthorized copy, imitation, or forgery of money with the intent to decieve or cheat someone by using the copy, imitation, or forgery.
  15. Credit Card Theft or Misuse
    MCL 750.157p-s
    • Includes the specific charges of:
    • -Possesion of anothers FTD with the intent to use, deliver, circulate, or sell FELONY
    • -Possesion of Fraudulent or Altered FTD-FELONY
    • -Fraud, forgery, material alteration, counterfieting of FTD-Felony
    • -Use of revoked or cancelled FTD with intent to defraud
  16. Possesion on another's FTD with intent to use, deliver, circulate or sell
    MCL 750.157p
    Felony
    • Elements:
    • 1. The suspect knowingly possessed someone else's FTD,
    • 2. The suspect did not have permission and knew that he did not have the owners permission,
    • 3. The suspect had the intent to use, deliver, circulate, or sell the device
    • 4. With the intent to defraud or cheat.
  17. Possession of fraudulent or altered FTD
    MCL 750.157q
    Felony
    Person who delivers, circulates, or sells a FTD which was obtained or held by that person under the circumstances proscribed in sectins 157n, 157p, 157v, or uses, permits, causes, or procures the FTD to be used, delivered, circulated, or sold, knowing the device to have been obtained or held under the sections proscribed in 157n, 157p, or 157v
  18. Fraud, Forgery, material alteration, counterfieting of an FTD
    MCL 750.157r
    Felony
    • Elements:
    • 1. The FTD was falsely made, materially altered, forged, counterfieted, or duplicated,
    • 2. It was the suspect who falsely made, counterfieted, materially altered, forged, duplicated,
    • 3. The suspect intended to defraud or cheat someone.
  19. Use of Revoked or Cancelled FTD with Intent to Defraud
    MCL 750.157s
    • Elements:
    • 1. The FTD was revoked ot cancelled by the issuer,
    • 2. The suspect recieved notice and knew that the FTD was revoked or cancelled,
    • 3. The suspect used the FTD to purchase something of value,
    • 4. The holder intended to defraud or cheat someone.

    Penalties dependant upon # of offenses and amount of fraud.
  20. Defrauding an Inkeeper
    MCL 750.292
    90 day MISDEMEANOR
    To stay at a hotel, motel, inn, resturaunt, or cafe as a guest and a suspect, with the intent to defraud, procure food, entertainment, or accomadation without paying and credit was not given by express agreement.
  21. Embezzlement
    MCL 750.174
    • The taking of money or property from a victim with whom the suspect had a relationship of trust.
    • Elements:
    • 1. The suspect had a relationship of trust with the victim,
    • 2. Because of the relationship, the suspect obtained possession or control over money or property belonging to the victim,
    • 3. The suspect converted the money or property into his/her own use or took it with the intent of converting it,
    • 4. Without the victim's consent, and
    • 5. The suspect had intent to defraud.
  22. Extortion
    MCL 750.213-214
    Felony
    • Elements:
    • 1. Suspect threatened to injure the victim, victim's property, victim's family or accused the victim of a crime.
    • 2. The threat was stated or written down.
    • 3. The suspect intended either to get money by making the threat, or makes the victim do something or refrain from doing something against his or her will.
  23. Gambling
    MCL 750.301
    1 yr Misdemeanor
    When money or other valuable items are directly or indirectly taken, recieved, or accepted from a person with the agreement and understanding that they would be paid or delivered to another person contingent upon the result of any race, contest, game, or upon the happening of any uncertain event.
  24. MDOP- Malicious Destruction of Property
    MCL 750.377a
    • Elements:
    • 1. The property belonged to someone other than the suspect,
    • 2. The suspect destroyed or damaged the property,
    • 3. The suspect did not have just cause or excuse, and
    • 4. The suspect intended to cause damage.

    • Penalties:
    • -Less than $200 -93 day Misdemeanor
    • -$200 less than $1000 or previous conviction-1yr Misd
    • $1000+ Felony
  25. MDOP to Police or Fire Dept. Property
    MCL 750.377b
    Felony
    Person who willfully and maliciously destroys or injures the personal property of any fire or police dept.
  26. Larceny
    MCL 750.356-.357,750.356a-d,750.360,.750.362
    Felony
    • Taking another persons property with the intent to steal or permanently deprive that person of that property.
    • Elements:
    • 1. The suspect took someone elses property,
    • 2. Without consent of the owner,
    • 3. With some movement of the property,
    • 4. Intending to permenantly deprive the owner of the property.

    • Penalties:
    • -Less than $200- 93 day Misdemeanor
    • -$200 to less than $1000 ( or less than $200 if prev. conviction) 1yr Misd.
    • -$1000 to less than $20000( or $200 to less than $1000 if prev. conviction) Felony
  27. Larceny in a Building
    MCL 750.360
    Felony
    Includes the same elements as Larceny with the added element that the property be in a building.
  28. Larceny from a Motor Vehicle
    MCL 750.356a
    • Elements:
    • 1. The suspect took a wheel, tire, air bag, catalytic converter, radio, stereo, clock, telephone, computerm or other electronic device,
    • 2. Without the owners consent,
    • 3. From a motor vehicle, house trailer, trailer, or semitrailer,
    • 4. There was some movement of the property, and
    • 5. The suspect intended to permenantly keep the property.

    Penalties:

    • Less than $200- 93 day
    • misdemeanor

    • $200 less than $1000 or
    • less than $200 if previous conviction-1 yr misdemeanor

    • $1000 to less than $20000
    • or $200 to less than $1000 if previously convicted-5yr felony

    • Over $20000 or $1000 to
    • $20000if previously convicted twice 10 yr felony
  29. Larceny by Conversion
    MCL 750.362
    • Elements:
    • 1. Someone elses property was transferred to the suspect, either legally or illegally,
    • 2. The suspect converted the propertyto his own use,
    • 3. The owner did not consent to the suspect converting the property,
    • 4. The property had value,
    • 5. The suspect intened to defraud or cheat the owner out of the property permenantly.

    Penalties:

    • Less than $200- 93 day
    • misdemeanor

    • $200 less than $1000 or
    • less than $200 if previous conviction-1 yr misdemeanor

    • $1000 to less than $20000
    • or $200 to less than $1000 if previously convicted-5yr felony

    • Over $20000 or $1000 to
    • $20000if previously convicted twice 10 yr felony
  30. Larceny by Trick
    MCL 750.356
    • Elements:
    • 1. The elements of larceny, plus,
    • 2. The owner gave the suspect possession for a limited, special purpose without intending to give the suspect ownership, and
    • 3. The suspect took the property in a manner that he knew was inconsistent with the limited, special purpose.
    • OR
    • 1. The elements of larceny, plus,
    • 2. The owner gave the property to the suspect due to some trick, and
    • 3. The owner would not have given the property to suspect if the suspect had not used the trick.

    Penalties:

    • Less than $200- 93 day
    • misdemeanor

    • $200 less than $1000 or
    • less than $200 if previous conviction-1 yr misdemeanor

    • $1000 to less than $20000
    • or $200 to less than $1000 if previously convicted-5yr felony

    • Over $20000 or $1000 to
    • $20000if previously convicted twice 10 yr felony
  31. Retail Fraud in the 1st Degree
    MCL 750.356c
    Felony
    • A larceny of property by theft, price switching, or through a refund scam. The property must be offered for sale and the incident must occur inside the store or in the immediate area around the store while it is open to the public.
    • $1000 or more, $200 to less than $1000 and previously convicted of one of following
    • -1st or 2nd degree retail fraud
    • -Larceny in a building
    • -Larceny by false pretenses
    • -Larceny
  32. Retail Fraud in the 2nd
    MCL 750.356d
    Misdemeanor -1yr
    • A larceny of property by theft, price switching, or through a refund scam. The property must be offered for sale and the incident must occur inside the store or in the immediate area around the store while it is open to the public.
    • $200 to less than $1000
    • or has 1 or more conviction for similar crimes
  33. Retail Fraud in the 3rd Degree
    MCL 750.356d
    93 day misdemeanor
    • A larceny of property by theft, price switching, or through a refund scam. The property must be offered for sale and the incident must occur inside the store or in the immediate area around the store while it is open to the public.
    • Less than $200
  34. Possession of Stolen Property
    MCL 750.535
    • Elements:
    • 1. The property was stolen (or embezzeled or converted) or was represented to the suspect as being stolen,
    • 2. The suspect bought, recieved, possessed, concealed, or aided in the concealment of property,
    • 3. The suspect knew or had reason to know the property was stolen.

    Penalties:

    • Less than $200- 93 day
    • misdemeanor

    • $200 less than $1000 or
    • less than $200 if previous conviction-1 yr misdemeanor

    • $1000 to less than $20000
    • or $200 to less than $1000 if previously convicted-5yr felony

    • Over $20000 or $1000 to
    • $20000if previously convicted twice 10 yr felony
  35. Trespassing
    MCL 750.552
    30 day Misdemeanor
    • Elements:
    • 1. the suspect willfully entered upon,
    • 2. the land of another,
    • 3. After having been forbidden to do so.
    • OR
    • 1. Was on the premises of another, and
    • 2. After being notified to depart, refused to do so.
    • OR
    • 1. Entered on and remained on,
    • 2. Without lawful authority,
    • 3. The fenced or posted farmland,
    • 4. Of another person
    • 5. Without the landowner's consent.

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