Theft By Conversion
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Theft By Conversion
Criminal conversion is a crime, limited to parts of common law systems outside England and Wales, of exerting unauthorized use or control of someone else's property, at a minimum personal property, but in some jurisdictions also applying to types of real property, such as land (to squatting or holding over) or to patents, design rights and trademarks. It differs from theft in that it does not include the element of intending to deprive the owner of permanent possession of that property. As such, it is a lesser offense than the crime of theft. Criminal conversion specifies a type of conversion in that it involves criminal law, not civil law. An example might be tapping someone's secured wireless LAN or public utility line (which could also amount to theft of services). Another example might be taking a joy ride in a car, never intending to keep it from the owner. Some have redefined such conduct as a specific type of theft, or another offence such as taking without owner's cons ...
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Crime
In ordinary language, a crime is an unlawful act punishable by a State (polity), state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Cane and Conoghan (editors), ''The New Oxford Companion to Law'', Oxford University Press, 2008 (), p. 263Google Books). though statutory definitions have been provided for certain purposes. The most popular view is that crime is a Category of being, category created by law; in other words, something is a crime if declared as such by the relevant and applicable law. One proposed definition is that a crime or offence (or criminal offence) is an act harmful not only to some individual but also to a community, society, or the state ("a public wrong"). Such acts are forbidden and punishable by law. The notion that acts such as murder, rape, and theft are to be prohibited exists worldwide. What precisely is a criminal offence is def ...
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Joyride (crime)
Joyriding is driving or riding in a stolen vehicle, most commonly a car, with no particular goal other than the pleasure or thrill of doing so or to impress other people. The term "joy riding" was coined by a New York judge in 1908. Joyriders often act opportunistically and choose easy targets (key-on-ignition while shopping, neighbor's car...). Like other car thieves, they can also gain access to locked cars with a flathead screwdriver and a slide hammer, although modern cars have systems to prevent a screwdriver from opening locks. Locks in cars manufactured before the early to mid-1990s were very weak and could be opened easily. The vehicle is started by either hot-wiring or breaking the ignition lock. Ignition systems were much less sophisticated before the early to mid-1990s and easier to bypass. The vehicle is often driven through rural areas or less busy residential areas to avoid police notice, and dumped when it is exhausted of fuel or damaged. Many cases of joyriding e ...
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Embezzlement
Embezzlement (from Anglo-Norman, from Old French ''besillier'' ("to torment, etc."), of unknown origin) is a type of financial crime, usually involving theft of money from a business or employer. It often involves a trusted individual taking advantage of their position to steal funds or assets, most commonly over a period of time. Versus larceny Embezzlement is not always a form of theft or an act of stealing ''per se'', since those definitions specifically deal with taking something that does not belong to the perpetrators. Instead, embezzlement is, more generically, an act of deceitfully secreting assets by one or more persons that have been ''entrusted'' with such assets. The persons entrusted with such assets may or may not have an ownership stake in such assets. Embezzlement differs from larceny in three ways. First, in embezzlement, an actual '' conversion'' must occur; second, the original taking must not be trespassory, and third, in penalties. To say that the ...
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Conversion (law)
Conversion is an intentional tort consisting of "taking with the intent of exercising over the Personal property, chattel an ownership inconsistent with the real owner's right of possession". In England and Wales, it is a tort of strict liability. Its equivalents in criminal law include larceny or theft and criminal conversion. In those jurisdictions that recognise it, criminal conversion is a lesser crime than theft/larceny. Examples of conversion include: 1) Atamba cuts down and hauls away trees on land s/he knows is owned by Tonny, without permission or privilege to do so; and 2) Anthony takes furniture belonging to Delta and puts it into storage, without Delta's consent (and especially if Delta does not know where Anthony put it). A common act of conversion in medieval times involved bolts of cloth that were bailment, bailed for safekeeping, which the bailee or a third party took and made clothes for their own use or for sale. Many questions concerning joint ownership in en ...
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Theft Act 1968
The Theft Act 1968 (c. 60) is an act of the Parliament of the United Kingdom. It creates a number of offences against property in England and Wales. On 15 January 2007 the Fraud Act 2006 came into force, redefining most of the offences of deception. History The act resulted from the efforts of the Criminal Law Revision Committee to reform the English law of theft. The Larceny Act 1916 ( 6 & 7 Geo. 5. c. 50) had codified the common law, including larceny itself, but it remained a complex web of offences. The intention of the Theft Act 1968 was to replace the existing law of larceny and other deception-related offences, by a single enactment, creating a more coherent body of principles that would allow the law to evolve to meet new situations. Provisions A number of greatly simplifiedor at least less complicatedoffences were created. Section 1 – Basic definition of "theft" This section creates the offence of theft. This definition is supplemented by sections 2 to 6. The ...
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Larceny Act 1916
The Larceny Act 1916 ( 6 & 7 Geo. 5. c. 50) was an act of the Parliament of the United Kingdom. Its purpose was to consolidate and simplify the law relating to larceny triable on indictment and to kindred offences. The definition of larceny for the purposes of the act was "a person steals who, without the consent of the owner, fraudulently and without a claim of right made in good faith; takes and carries away anything capable of being stolen, with the intent at the time of such taking, permanently to deprive the owner thereof. Provided that a person may be guilty of stealing any such thing notwithstanding that he has lawful possession thereof, if, being a bailee or part owner thereof, he fraudulently converts the same to his own use or the use of any person other than the owner". Provisions Section 23 provided maximum penalties for a number of offences of robbery and aggravated robbery. Section 24 created the offence of sacrilege. Section 25 created the offence of burgl ...
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Larceny Act 1901
The Larceny Act 1901 ( 1 Edw. 7. c. 10) was an act of the Parliament of the United Kingdom. It created offences of fraudulent conversion. This act amended sections 75 and 76 of the Larceny Act 1861. It made the offence of fraudulently misappropriating property entrusted to a person by another, or received by him on behalf of another a misdemeanour punishable by penal servitude for a term not exceeding seven years, or by imprisonment, with or without hard labour, for a term not exceeding two years.Encyclopædia Britannica Eleventh Edition. 1911. Volume 9. Page 308. "Embezzlement"Digitised copyfrom Project Gutenberg. This act was repealed as to England and Ireland by section 48(1) of, and the schedule to, the Larceny Act 1916. Section 1 Form of indictment The following specimen counts were formerly contained in paragraph 26 of thSecond Scheduleto the Indictments Act 1915 before it was repealed. See also *Larceny Act References *Hansard ''Hansard'' is the transcripts o ...
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England And Wales
England and Wales () is one of the Law of the United Kingdom#Legal jurisdictions, three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is English law. The Welsh devolution, devolved Senedd (Welsh Parliament; ) – previously named the National Assembly for Wales – was created in 1999 under the Government of Wales Act 1998 and provides a degree of Self-governance, self-government in Wales. The powers of the legislature were expanded by the Government of Wales Act 2006, which allows it to pass Welsh law, its own laws, and the Act also formally separated the Welsh Government from the Senedd. There is currently no Devolved English parliament, equivalent body for England, which is directly governed by the parliament and government of the United Kingdom. History of jurisdiction During the Roman occupation of Britain, the area of presen ...
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Black's Law Dictionary
''Black's Law Dictionary'' is the most frequently used legal dictionary in the United States. Henry Campbell Black (1860–1927) was the author of the first two editions of the dictionary. History The first edition was published in 1891 by West Publishing, with the full title ''A Dictionary of Law: containing definitions of the terms and phrases of American and English jurisprudence, ancient and modern, including the principal terms of international constitutional and commercial law, with a collection of legal maxims and numerous select titles from the civil law and other foreign systems''. A second edition was published in 1910 as ''A Law Dictionary''. Black died in 1927 and future editions were titled ''Black's Law Dictionary''. The sixth and earlier editions of the book additionally provided case citations for the term cited, which was viewed by lawyers as its most useful feature, providing a useful starting point with leading cases. The development of the Internet made lega ...
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Personal Property
Personal property is property that is movable. In common law systems, personal property may also be called chattels or personalty. In civil law (legal system), civil law systems, personal property is often called movable property or movables—any property that can be moved from one location to another. Personal property can be understood in comparison to real estate, immovable property or real property (such as land and buildings). Movable property on land (larger livestock, for example) was not automatically sold with the land, it was "personal" to the owner and moved with the owner. The word ''cattle'' is the Old Norman language, Norman variant of Old French ''chatel'', chattel, and today cheptel (derived from Latin ''capitalis'', "of the head"), which was once synonymous with general movable personal property. Classifications Personal property may be classified in a variety of ways. Intangible Intangible personal property or "intangibles" refers to personal property t ...
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Taking Without Owner's Consent
In England, Wales and Northern Ireland, taking without owner's consent (TWOC), also referred to as unauthorised taking of a motor vehicle (UTMV), describes any unauthorised use of a car or other conveyance that does not constitute theft. A similar offence, known as taking and driving away, exists in Scotland. In police slang usage, ''twoc'' became a verb, with ''twocking'' and ''twockers'' (also spelled twoccing and twoccers) used respectively to describe car theft and those who perpetrate it: these usages subsequently filtered into general British slang. England and Wales Discussion Any unauthorised taking of a car is likely to cause distress and can cause significant inconvenience to the owner and his or her family, so this is an offence covering an everyday crime, yet one that often involves genuine emotions of personal invasion. Nevertheless, it is a summary offence defined under section 12(1) of the Theft Act 1968: Adopting the standard section 1 definition of theft would ...
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Theft Of Services
Theft of services is the legal term for a crime which is committed when a person obtains valuable services — as opposed to goods — by deception, force, threat or other unlawful means, i.e., without lawfully compensating the provider for these services. It may also overlap with some types of fraud in which payment is made on credit, but under an assumed identity, and ultimately disavowed ("identity theft"). Types Crimes of this sort are typically prosecuted as larceny, and may be either a misdemeanor or a felony, based upon the value of the services illegally obtained. This category encompasses a wide variety of criminal activity including tampering with (or bypassing) a utility meter so that the true level of consumption is understated, leaving a hotel or restaurant or similar establishment without paying for the service and "Fare evasion, turnstile jumping" or other methods of evading the payment of a fare or fee when using a public transit vehicle or entering a priv ...
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