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SC CRJU 314 - Kidnapping
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Kidnapping – whoever shall unlawfully seize, confine, inveigle, decoy, kidnap, abduct or carry away any other person by any means whatsoever without authority of law, except when a minor is seized or taken by his parent, is guilty of a felony and, upon conviction, must be imprisoned for a period not to exceed 30 years unless sentenced for murder. Or unlawfully restraining someone when you don’t have the authority to do so. The kidnapping does not have to have force.Pointing a gun at someone to get their wallet – he is unlawfully restrained and that is kidnapping someone.Boyfriend and girlfriend broke up and bf follows her to class and grabs her shoulders – he just committed kidnapping because he restrained herLocking the doors is also kidnappingRobbery – aka strong armed robbery, as opposed to armed robbery. Is larceny with force or threat of force from a person or his immediate presence taking and carrying away property with the intent to steal it. Mens rea is intent to steal as opposed to intent to borrow. Has to be violence or intimidation – they threaten you (can be tone of voice). Pick pocketing is different – the victim doesn’t even know its happening until its over so therefore not robbery.Purse snatching is snatching something valued under grand larceny from a person with the intent to steal. Does not require threat of force or force. Usually the person offers no resistance whatsoever. If she grabs back then it can be robbery because of force of intimidation.Armed Robbery – a person who commits robbery while armed with a pistol, dirk, slingshot, metal knuckles, razor, or other deadly weapon, or while alleging, either by action or words, he was armed while using a representation of a deadly weapon or any object with a person present during the commission of the robbery reasonably believed to be a deadly weapon, is guilty of a felony and, upon conviction, must be imprisoned for a mandatory minimum term of not less than ten years or more than thirty years.Robbery while you are armed or the victim believes you are armed. If the victims belief is reasonable and you’re actually not armed – its still armed robbery.*the material for test 2 ends here *test 3 material is belowProperty offenses – acts that relates to ownership or possession of property. some action against property of value other than human beings. There’s real property and personal property. Real property is any property permanently attached to the ground (buildings, trees…etc.) personal property is any property other than real property. Also includes intellectual property, thoughts, music…etc.Categories of property crimes:TheftTrespass – means useVandalism – either malicious injury to real or personal property (egging house / keying someone’s car)Arson – lighting someone’s stuff on fireBootlegging – stealing intellectual propertyValue of the property that is damaged or stolenProperty crimes:Larceny – taking and carrying away the property of another with the intent to steal. The value of the item is going to have to be proven – the fair market value at the time of the thievery – doesn’t have to be what you paid for it. Anything that is over $2,000 it’s grand larceny. If its under $2,000 it’s petty larceny and a misdemeanor. The jury decides the valueLost Property – if you’ve lost a piece of property and someone finds it – is it theft? The person who finds it has to make an effort to return it – if they don’t try to return it then it’s larceny. You have to make a good faith effort to find the owner.Abandoned Property – if you find abandoned property it is impossible to steal it. Once you throw something away – you don’t own it anymore.Breech of Trust with Fraudulent Intent – a person holds another persons property in trust, converts the property with fraudulent intent. Have to have all of those elements. Someone has entrusted their property to you and you convert the property (means to use for some unauthorized purpose with fraudulent intent).You work at a bank as a bank teller – you are entrusted with that money and you put it in your own pocket or give it to someone who wasn’t making a withdrawalIf you have the authority to drive a vehicle for someone’s business and you use it to move your stuff – that is a breech of trustNot embezzlement if you’re the bank teller because embezzlement has to be public fundsObtaining Goods By False Pretenses – 1st a person makes a false representation of fact with the intent to do fraud. The victim is actually deceived and as a result the victim passes title to the wrong-doer.A representation of fact is different than a mere opinion – i.e. a lie not an opinionMechanic lies to an old lady and says her car is totaled and made her sell it to him and bought a new car from him - she passed the title to the wrong-doerShop Lifting – SC rule is within a store or mercantile establishment there are 3 ways: moving an item within the store with the intent to steal it.Example – picking up a cup with the intent to steal it and put it backAltering or removing price tags with the intent to steal or to get a better dealPutting an item in a different container with the attempt to steal or get a better dealThe shoplifting is complete when the movement happens – whether you ever got it out of the store doesn’t matter or notFinancial Transaction Card and Theft: a person steals a bank card or credit card or a person keeps someone else’s card with the intent to use it without the persons permission. The third was is a person buys or sells bank credit cards which have been stolen from others.CRJU 314 1st Edition Lecture 6Outline of Last Lecture I. MurderOutline of Current Lecture II. KidnappingIII. RobberyIV. Armed RobberyV. Property OffensesVI. Categories of Property CrimesVII. LarcenyVIII.Lost PropertyIX. Abandoned PropertyX. Breech of Trust with Fraudulent IntentXI. Obtaining Goods By False PretensesXII. Shop Lifting Current Lecture Kidnapping – whoever shall unlawfully seize, confine, inveigle, decoy, kidnap, abduct or carry away any other person by any means whatsoever without authority of law, except when a minor is seized or taken by his parent, is guilty of a felony and, upon conviction, must be imprisoned for a period not to exceed 30 years unless sentenced for murder. Or unlawfully restraining someone when you don’t have the authority to do so. The kidnapping does not have to


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SC CRJU 314 - Kidnapping

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