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Fraudulent 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 ...
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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 de ...
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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 "turnstile jumping" or other methods of evading the payment of a fare or fee when using a public transit vehicle or entering a private facility no ...
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Embezzlement
Embezzlement is a crime that consists of withholding assets for the purpose of conversion of such assets, by one or more persons to whom the assets were entrusted, either to be held or to be used for specific purposes. Embezzlement is a type of financial fraud. For example, a lawyer might embezzle funds from the trust accounts of their clients; a financial advisor might embezzle the funds of investors; and a husband or a wife might embezzle funds from a bank account jointly held with the spouse. The term "embezzlement" is often used in informal speech to mean theft of money, usually from an organization or company such as an employer. Embezzlement is usually a premeditated crime, performed methodically, with precautions that conceal the criminal conversion of the property, which occurs without the knowledge or consent of the affected person. Often it involves the trusted individual embezzling only a small proportion of the total of the funds or resources they receive or co ...
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Conversion (law)
Conversion is an intentional tort A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable ... 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 & 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) Alpha cuts down and hauls away trees on land s/he knows is owned by Beta, without permission or privilege to do so; and 2) Gamma takes furniture belonging to Delta and puts it into storage, without Delta's consent (and especially if Delta does not know where Gamma put it). A ...
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Theft Act 1968
The Theft Act 1968c 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 Theft Act 1968 resulted from the efforts of the Criminal Law Revision Committee to reform the English law of theft. The Larceny Act 1916 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 definition of theft ...
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Larceny Act 1916
The Larceny Act 1916 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". 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 burglary. Sections 29 to 31 related to bla ...
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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 traditional ...
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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 English law. The devolved Senedd (Welsh Parliament; cy, Senedd Cymru) – previously named the National Assembly of Wales – was created in 1999 by the Parliament of the United Kingdom under the Government of Wales Act 1998 and provides a degree of self-government in Wales. The powers of the Parliament were expanded by the Government of Wales Act 2006, which allows it to pass its own laws, and the Act also formally separated the Welsh Government from the Senedd. There is no 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 present-day England and Wales was administered as a single unit, except f ...
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Personal Property
property is property that is movable. In common law systems, personal property may also be called chattels or personalty. In 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 variant of Old French ''chatel'', chattel (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 that cannot actually be moved, touched or felt, but instead repre ...
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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 req ...
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Joyride (crime)
Joyriding refers to 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 joy ...
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Wireless LAN
A wireless LAN (WLAN) is a wireless computer network A wireless network is a computer network that uses wireless data connections between network nodes. Wireless networking is a method by which homes, telecommunications networks and business installations avoid the costly process of introducing c ... 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. This gives users the ability to move around within the area and remain connected to the network. Through a Gateway (telecommunications), gateway, a WLAN can also provide a connection to the wider Internet. Wireless LANs based on the IEEE 802.11 standards are the most widely used computer networks in the world. These are commonly called Wi-Fi, which is a trademark belonging to the Wi-Fi Alliance. They are used for home and small office networks that link together laptop computers, printer ...
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