Criminal conversion is a

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, definiti ...

, limited to parts of

common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...

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, re ...

, at a minimum

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—a ...

, but in some jurisdictions also applying to types of

real property In English common law, real property, real estate, immovable property or, solely in the US and Canada, realty, refers to parcels of land and any associated structures which are the property of a person. For a structure (also called an Land i ...

, such as land (to

squatting Squatting is the action of occupying an abandoned or unoccupied area of land or a building (usually residential) that the squatter does not own, rent or otherwise have lawful permission to use. The United Nations estimated in 2003 that there wer ...

or holding over) or to patents, design rights and trademarks. It differs from

theft Theft (, cognate to ) 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 shor ...

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 Conversion or convert may refer to: Arts, entertainment, and media * ''The Convert'', a 2023 film produced by Jump Film & Television and Brouhaha Entertainment * "Conversion" (''Doctor Who'' audio), an episode of the audio drama ''Cyberman'' * ...

in that it involves

criminal law Criminal law is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and Well-being, welfare of people inclusive of one's self. Most criminal l ...

, not civil law. An example might be tapping someone's secured

wireless LAN A wireless LAN (WLAN) is a wireless computer network that links two or more devices using wireless communication to form a local area network (LAN) within a limited area such as a home, school, computer laboratory, campus, or office building ...

or public utility line (which could also amount to

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 f ...

). 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 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 simila ...

. 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 ''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 Wes ...

'' (7th ed.), St Paul, Minnesota: Garner, 1989 (per earlier eds, 1st ed. 1891) In

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. Th ...

, 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 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 f ...

. The former offence of fraudulent conversion was replaced by an offence of

, contrary to section 1(1) of the

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 d ...

, from which it slightly differs.Griew, Edward (1986). ''The Theft Acts 1968 and 1978'' (5th ed.). Sweet and Maxwell. Paragraph 2-01, p. 12.

Notes and references

;Notes ;References Crimes {{Crime-stub

Fraudulent conversion

See also

Notes and references