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SC CRJU 314 - Criminal Sexual Conduct
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Receiving Stolen Goods – to receive or posses stolen goods that you know or have reason to believe is stolen with criminal intent.Ex. someone offers to sell you a flat screen tv for $20 – you have reason to believe its stolenThe theft has to be completed by someone else before the receiver got the goods – sometimes when law enforcement catches you with procession of stolen goods and charges you with that because they cant prove you actually stole themLesser included offense to larcenySometimes people have stolen goods – more than one item at a timeIf you receive more than one item at a time – it is one incidentForgery – two ways to commit a forgery. Falsely creating or altering a document with the intent to defraud someone. This defines defrauding as deceit, falsehood or trickery, to obtain money or object or anything of value that belongs to another.Fake id – not forgery because you’re not trying to get something out of it. You’re paying for your drinks – you’re not trying to get your drinks for freeUttering a Forged Document = merely presenting a forged document with the intent to defraud (to cheat someone our of something).Check Fraud = 3 ways you can commit this. Passing a check to obtain anything of value. Knowing that you did not have an open account either because the whole account is fake or you used to have an account or knowing that you don’t have the funds in that account or stopping payment with the intent to defraud.Just because you write a check and it happens to bounce – doesn’t mean you had the intend to defraudNot considered fraudulent if the defendant told the merchant not to cash this until a later date. The check bounces and you don’t cover it – its not fraudulent because they knew you didn’t have money and knew the check wasn’t good. Its not fraudulent if they don’t deposit it within 10 days. If they don’t cash it within the 10 days and the check bounces – its not fraud.It’s not fraudulent if the merchant had some other reason to know if the check might not cash. i.e. grocery store purchase and frequently bounces checks – you cant put a warrant out for them. The merchant must take out the warrant within 6 monthsBurglary = 3 different degrees. 1st, 2nd, and 3rd degree.1st Degree = Enter a dwelling (a place a person occupies presently/ someone has to live there for it to be a dwelling) without consent with the intent to commit a crime therein plus anyone of these other factors: (1) armed, threaten to use an arm, or caused harm to a non burglar. (2) Have to have two prior burglary or housebreaking convictions or (3) the burglary occurs during the night time (dusk to dawn). Considered a violent offense and a punishment of 15 years in prison to life. Violence doesn’t actually have to occur for it to be a violent offense.2nd Degree = two ways. (1) Enter a dwelling without consent to enter with the intent to commit a crime therein. This is a non violent offense and you’re facing 0-10 years in prison. (2) Enter a building (any structure, vehicle, water craft, air craft, car port) without consent with the intent to commit a crime therein plus at least one aggravating factor from burglary in the 1st degree. This is considered a violent offense and you’re facing 0-15 years in prison.3rd Degree = enter a building without consent with the intent to commit a crime therein. this is a non violent offense and you’re facing 0-5 years.Possession of Criminal Tools (aka Possession of Burglary tools) – possession of tools with the intent to use them to commit a forceful break-in or another crime.Can have possession of these tools but not have the intent to use them in a crimeMalicious Injury To Real Property – maliciously and willfully damaging buildings, land, or fixtures. A fixture is anything permanently connected to the land (mailbox). Did it on purpose with malicious intent.Malicious Injury To Personal Property – MIPP is maliciously and willfully destroying animals or other personal property.Arson – burning or exploding property with the intent to destroy or damage. You actually cause destruction or damage to the property. The item or building has to merely be charred for it to be arson.If you’re arson includes a death – crime where you have to prove causation. It is now Arson in the 1st degree and you’re facing up to 30 years.If there was serious bodily injury to a person it is Arson in the 2nd degree and you’re facing up to 25 yearsIf there is any bodily injury or mere damage to property then it is Arson in the 3rd degree and you’re facing up to 15 years.At common law you cant arson your own property. But today you can be charged with arson for burning your own stuff or other people’s stuff – because of insurance.Criminal Sexual Conduct = common law recognized two types of sexual conduct that are criminal.Sodomy – consensual homosexual conduct. A man forcing another man can both be charged because they were involved in sodomy.Rape – forced heterosexual penetration. Rape was a felony and punishable by the death penalty. Common law definition of rape = the carnal knowledge by a man with force and without the consent of a woman who is not his wife. Minors cant rape and women cant rape according to this and only applies to vaginal intercourse. Men could rape only women (not boys or each other). Men could not rape their wives. Rape required force. If the woman didn’t resist – she consented.Utmost Resistance Standard – women had to use all of the power at their command to resist. If they could not – then it was considered consent.The victim 16 year old virgin that her neighbor tripped her and forced himself on her. She kicked him, screamed, pulled at the grass, and he held his hand over her neck to where she was almost strangled. The court ruled she consented.Reasonable Resistance Standard – the amount of resistance required is going to be determined by considering the totality of the circumstances. We started to realize that its more dangerous to resist than to go along with the act – doesn’t mean you’re consenting.CRJU 314 1nd Edition Lecture 7Outline of Last Lecture I. Kidnapping Outline of Current Lecture II. Receiving Stolen GoodsIII. Forgery IV. Uttering a forged documentV. Check fraudVI. Burglary VII. Possession of criminal toolsVIII.Malicious injury to real propertyIX. Malicious injury to personal propertyX. Arson XI. Criminal Sexual Conducta. Sodomy b.


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SC CRJU 314 - Criminal Sexual Conduct

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