Crimes against property: legal definitions and classifications

Crimes

Criminal Activities

Crimes against public disorder

In order to be convicted of disorderly conduct, according to the State of Massachusetts the defendant must have committed three specific things: 1) involved themselves in fighting, threatening, or violent behavior, or create a situation that is hazardous or physically offensive, 2) the defendants actions were most likely to affect the public, and 3) the defendant must have intended to cause public inconvenience, annoyance or alarm, or create the risk of such. ("Disorderly Conduct") Because of its intent to and effect of creating public disorder, disorderly conduct is considered a crime against the public. Disorderly conduct is often associated with political demonstrations, such as the Occupy Wall Street or Tea Party movements. In such situations, those guilty of disorderly conduct must have the intent, or mens rea, (Latin for "guilty mind), to either create, or risk creating, public disorder. (Singer, 2010, p.56) But in addition, the defendant must also have actus reus (Latin for "guilty act"), or the part of the crime that does not involve the mental aspects. This means that the defendant must have both the intent and commit an action that either causes public disorder or intends to create public disorder.

Crimes against public property

A person is guilty of arson, as defined by the American Law Institute's Model Penal Code (§220.1), if they start a fire or cause an explosion with the purpose of destroying a building or occupied structure, or destroy or damage property with the intent to collect insurance. ("Arson: Legal Aspects-Model Penal Code") This definition was developed early in the 20th century and focuses on the criminal activity of both starting the fire, but also collecting insurance. Because the intent of the crime must be against the property, and not persons, it is therefore considered to be a crime against property. One example of the crime of arson may be if a person acts to start a fire with the intent to burn down an abandoned apartment building in the hopes of collecting an insurance claim. First of all, to be arson, the building must be vacant, if there is the possibility of other people being involved then the crime because a crime against people. In order to guarantee conviction for the crime of arson, the prosecution must prove the mens rea, or intent to destroy the property for the insurance money, but also the actus reus, or the action of actually starting the fire.

Crimes against people

When discussing the crime of murder, one must discuss not only the act committed by the accused, but also their state of mind. According to the Model Penal Code (§210.0) the crime of first degree murder requires the defendant to unjustifiably take the life of another human being purposely, knowingly, recklessly, or negligently. ("Homicide") It has been the tradition for centuries that the law incorporate the idea of the free will and knowledge of the accused by incorporating the idea of mens rea, or the intent of the accused. In the case of a first degree murder, the mens rea is the intent to kill another person, while the actus reus would be the intentional and illegal action resulting in the death of another human being. The killing must be also considered to be illegal, so in cases that have been judged to be self-defense, or no-guilt accidents, there is no guilty act.

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