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Criminal Law: Property Crimes

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40 Questions

What type of property is commonly trafficked?

Metals, electronics, jewelry, and firearms

What is the crime committed when a person sells or disposes of stolen property knowing it is stolen?

Dealing in stolen property

What should you do if a suspect resists reasonable efforts to recover stolen property?

Charge the suspect with resisting in addition to theft

What is the primary goal of the lesson on criminal mischief, trespassing, and burglary?

To learn how to respond to an incident involving criminal mischief, trespassing, or burglary

What is the definition of criminal mischief?

The willful and malicious destruction of property belonging to another person

What is an important step to take when investigating an incident of criminal mischief?

Conduct a neighborhood canvass to gather information about the suspects

What elements should be documented for criminal mischief?

The suspect injured or damaged real or personal property, the property belonged to the complainant, and the injury or damage was willful and malicious

What should you do to preserve evidence of criminal mischief?

Photograph the damage for your report

What is the primary role of the initial responder in a fraud incident?

To determine if a crime has been committed and follow agency policies

What is the primary victim of credit card fraud?

The issuing financial institution

What is the minimum amount of charges required to be considered a felony in credit card fraud?

$100

What is the method of extracting a customer's credit card information by using a device?

Skimming

Who typically investigates fraud incidents?

An economic crime investigator

What is the minimum number of times a suspect must fraudulently use a victim's credit card within a six-month period to be considered a felony?

Three times

What is the primary role of the account holder in credit card fraud?

To report the incident to the authorities

What is the chapter of the F.S. that outlines the elements of fraudulent use of a credit card?

Chapter 817

What is the primary factor in determining the severity of criminal mischief charges in Florida?

The value of the property damaged

What is the minimum charge for criminal mischief if the damage is over $1,000?

Third-degree felony

What is the enhanced penalty for criminal mischief if the suspect has prior convictions?

A felony, regardless of the amount of damage

What is the specific type of crime that is committed when a person willfully and maliciously damages a place of worship or religious article?

Third-degree felony

What is the primary requirement for trespassing to occur, as outlined in chapter 810, F.S.?

The person must enter or remain in a structure, conveyance, or property without being authorized

What is the consequence of a person refusing to leave a property after being warned by the owner or lessee?

The person is arrested for trespassing

What is the purpose of providing the victim with the appropriate victim brochures during a follow-up investigation?

To provide support and resources to the victim

What is the primary consideration in determining whether an incident is criminal mischief?

The intent of the person causing the damage

What is the primary goal of Lesson 1?

To understand how to coordinate with other officers when responding to an open house party

What should you do if a person is standing or waiting around idly in a public area?

Initiate a consensual encounter to dispel any concerns you may have

What is a characteristic of loitering or prowling?

A person is lingering or hanging around in a public area without any apparent purpose

What should you consider when determining whether to be alarmed or concerned about a person's behavior?

If the person flees when a law enforcement officer appears or refuses to identify themselves

What is not a criminal act?

Standing or waiting around idly or without apparent purpose

What is the purpose of initiating a consensual encounter?

To dispel any concerns you may have

What should you do if a person is drinking in front of a store and claims they just need a few minutes to collect themselves?

Initiate a consensual encounter to determine if the person is loitering or prowling

What is not a circumstance that raises alarm or immediate concern for the safety of people or property?

If a person is out at odd hours without showing any other suspicious activity

What should you do before making initial contact with a person suspected of loitering or prowling?

Call for backup

What is a key aspect of articulating the totality of the circumstances in a loitering and prowling report?

Describing the location and time of the incident

What should you do if the person's explanation eases your alarm during a consensual encounter?

Release the person without charge

What is a potential consequence of failing to release a person when their explanation eases your alarm?

The court may dismiss the case and you may face civil liability for a false arrest

What is an example of disorderly conduct?

Urinating in public

What is an affray, in the context of breach of the peace or disorderly conduct?

A consensual fight between two people to terrorize others in a public place

Why is it essential to have a backup officer present during loitering and prowling incidents?

To ensure officer safety and provide additional support

What should you do during a consensual encounter if the person voluntarily explains their presence and conduct?

Release the person without charge if their explanation eases your alarm

Study Notes

Dealing in Stolen Property

  • Dealing in stolen property involves selling, transferring, distributing, or disposing of stolen property with knowledge or reason to know that it is stolen.
  • Commonly trafficked stolen items include metals, electronics, jewelry, and firearms.
  • If a suspect resists reasonable efforts to recover stolen property, they can be charged with resisting in addition to theft.

Criminal Mischief

  • Criminal mischief is the willful and malicious destruction of property belonging to another person.
  • It can include injury or damage to property, such as graffiti or vandalism.
  • To document criminal mischief, note that:
    • The suspect injured or damaged real or personal property.
    • The property belonged to the complainant.
    • The injury or damage was willful and malicious.
  • Photograph the damage and conduct a neighborhood canvass to gather information about suspects.

Trespassing

  • Trespassing occurs when a person:
    • Willfully enters or remains in a structure, conveyance, or property without being authorized, licensed, or invited.
    • Willfully enters or remains in a property after the owner tells them to leave or when a trespassing notice is posted.
    • Refuses to depart after being authorized to do so.
  • In trespassing, a person authorized means an owner or lessee, or their agent, or any law enforcement officer whose agency has received written authorization.

Credit Card Fraud

  • Credit card fraud involves the unlawful use of a credit card to obtain property, goods, or services.
  • It includes unauthorized use of information to obtain credit or using a credit card without the owner's authority.
  • Suspects may fraudulently obtain and use debit or credit cards through falsified applications, burglary, theft, or robbery.
  • Skimming is the act of extracting a customer's credit card information using a skimming device.

Loitering or Prowling

  • Loitering or prowling involves lingering or hanging around in a public area without any apparent purpose, raising alarm or immediate concern for the safety of people or property.
  • Circumstances to consider when determining whether to be alarmed or concerned include:
    • If the person flees when a law enforcement officer appears.
    • If the person refuses to identify themselves.
    • If the person attempts to conceal themselves or any object.
    • If the person will not explain why they are there and what they are doing.
  • Initiate a consensual encounter to dispel any concerns, explain why you want to talk with them, and be respectful.

Learn about property crimes, including dealing in stolen property and criminal mischief, as well as their consequences and penalties.

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