Criminal conversion is a

crime In ordinary language, a crime is an unlawful act punishable by a 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 Ca ...

, limited to parts of

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...

systems outside England and Wales, of exerting unauthorized use or control of someone else's

property Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, r ...

, 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 Theft is the act of taking another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it. The word ''theft'' is also used as a synonym or informal shorthand term for so ...

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 Civil law may refer to: * Civil law (common law), the part of law that concerns private citizens and legal persons * Civil law (legal system), or continental law, a legal system originating in continental Europe and based on Roman law ** Private la ...

. 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 consent. Note that the "unauthorized" use may begin after a period of authorized use, where, for example, a person rents a car then keeps it for an extra week without permission from the rental company. Another common example occurs when a person fails to report finding lost goods (including animals), intending only to keep them until someone asks for their return. When the intent becomes one of keeping the property, it is a theft.

Fraudulent conversion

The two-pronged definition of fraudulent conversion is "conversion that is committed by the use of fraud, either by obtaining the property, or in withholding it".Black's Law Dictionary, 7th Ed., Garner, 1989, St Paul MN (per earlier eds, 1st Ed. 1891) In

England and Wales England and Wales () is one of the 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 ...

, the term fraudulent conversion was superseded by the identically named offences under the

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 misappr ...

and sections 20 and 21 of the Larceny Act 1916. The former offence of fraudulent conversion was replaced by an offence of

, contrary to section 1(1) of the Theft Act 1968, from which it slightly differs.Griew, Edward. The Theft Acts 1968 and 1978. Sweet and Maxwell. Fifth Edition. 1986. Paragraph 2-01 at page 12.

Notes and references

;Notes ;References Crimes {{Crime-stub

Fraudulent conversion

See also

Notes and references