CRIMES AGAINST PROPERTY

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CRIMES AGAINST PROPERTY
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PROPERTY CRIMES INCLUDE

• Arson
• Trespass
• Burglary
• Theft Offenses
• Bad Checks

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Property Crimes (Cont.)

• Forgery
• Robbery
• Extortion
• Criminal Mischief

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ARSON

• Common Law (C.L.)
• Malicious
• Burning of a
• Dwelling House of a
• Another

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ARSON

• Montana
• Purposely or Knowingly
• by fire or explosives
• 45-6-103 (1)(a)(b)or(c)

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CRIMINAL MISCHIEF

• Common Law (C.L.) destruction or damaging of
  anothers property w/o consent
• Montana Includes C.L. plus more see 45-6-101

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Common Law Burglary

• Breaking Entering
• At Night
• Anothers Dwelling
• With the Purpose to Commit A Felony Therein

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Montana Burglary 45-6-204

• Knowingly
• Enter or Remain Unlawfully
• An Occupied Structure
• With Purpose to Commit an Offense Therein

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CRIMINAL TRESPASS

• An invasion of anothers real property rights
  (C.L.)
• Enter or remain unlawfully in an occupied
  structure or upon premises of another (MT)
  45-6-201(1)

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Common Law Theft

• Larceny
• Embezzlement
• False Pretenses

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LARCENY

• Trespassory Taking Asportation
• Personal Property
• Of Another
• w/ Intent to Permanently Deprive

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EMBEZZLEMENT

• Intentional Conversion of
• Personal Property of
• Another
• by One Who Has Acquired Lawful Possession

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FALSE PRETENSES

• A Knowingly
• False Representation of
• A Material Fact
• With Intent to Defraud
• Thereby Causing Transfer of Title

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Receiving Stolen Property

• Receiving Property
• Knowing that it was stolen property
• With intent to deprive owner

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Montana Theft Statutes

• 45-6-301 (Consolidated Theft)
• -302 (Mislaid Property)
• -305 (Labor or Services)
• -308 (Motor Vehicles)
• -309 (Rented Property)
• -311 (Computer Use)

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Issuing a Bad Check 45-6-316

• Issuing or delivering a check upon a bank knowing
  it wont be paid (it becomes a felony if value
  over 1,000 or a common scheme)
• If offender has account, failure to make good
  after 5 days written notice Knowledge it would
  not be paid when issued

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FORGERY

• CLMaking of false documents or altering of
  existing ones (forgery)
• CLPassing them with intent to defraud
  (uttering)
• Montana 45-6-325

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C.L. ROBBERY

• Trespassory taking
• Carrying away (asportation)
• Of personal property
• From anothers person or presence
• By force or threat
• Intent to deprive

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Robbery (Mont)

• 45-5-401 Same as Common Law plus sub c. -
  commits or threatens to commit any felonies other
  than theft
• Assault Theft Robbery (usually)

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EXTORTION

• Taking or acquiring property
• by use of threat
• intent to deprive
• Montana has Intimidation (45-5-203) and Theft
  (45-6-301(2) as closest offenses