Crimes Defined
Aiding & Abetting / Accessory
Though legal distinctions vary by state, a charge of aiding and abetting or accessory can be brought against anyone who helps in the commission of a crime. Generally, an individual charged with aiding and abetting or accessory did not participate in the crime itself, however, he or she has knowledge of the crime before or after the fact. Additionally, the person charged assisted in the commission of the crime through advice, actions, or financial contributions. Finally, individuals facing these charges often can face a charge of conspiracy depending on the level of his or her involvement.
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Arson
In most states, arson is committed when a person intentionally burns any kind of structure or building, not just a house or business. Many states recognize differing degrees of arson, based on such factors as whether the building was occupied and whether insurance fraud was intended.
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Assault / Battery
With some variance depending on one’s state, an assault/battery occurs when one person tries to or does strike another, or acts in a threatening manner to put another in fear of immediate harm. Additionally, many states find that a more serious or "aggravated" assault/battery occurs when one tries to or does cause severe injury to another, or causes injury through use of a deadly weapon.
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Bribery
Bribery is the offer or acceptance of anything of value in exchange for influence on a government official or employee. Bribes can take the form of gifts or payments of money in exchange for favorable treatment, such as awards of government contracts. Both the person offering the bribe and the person accepting can be charged with bribery.
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Burglary
Burglary is typically defined as the unlawful entry into almost any structure (not just a home or business) with the intent to commit any crime inside (not just theft/larceny). No physical breaking and entering is required; a person may simply trespass through an open door. Unlike robbery, which involves use of force or fear to obtain another person's property, there is usually no victim present during a burglary.
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Child Abuse
Child abuse is generally defined in many states as any type of cruelty inflicted upon a child, including mental abuse, physical harm, neglect, and sexual abuse or exploitation. The specific crimes charged in instances of child abuse can include assault and battery.
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Child Pornography
Federal and state laws make it a crime to produce, possess, distribute, or sell pornographic materials that exploit or portray a minor. Increasingly, child pornography laws are being utilized to punish use of computer technology and the Internet to obtain, share, and distribute pornographic material involving children, including images and films.
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Computer Crime
Computer crime laws prohibit a person from performing certain acts without authorization, including accessing a computer or network; modifying, damaging, using, disclosing, copying, or taking programs or data; introducing a virus or other contaminants into a computer or network; using a computer in a scheme to defraud; interfering with someone else's computer access or use; using encryption in aid of a crime; falsifying e-mail source information; and stealing an information service from a provider.
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Conspiracy
A conspiracy exists when two or more people agree to commit an unlawful act, then take some action toward its completion. The action taken does not need to be a crime. The action, however, must indicate that those involved in the conspiracy knew of the plan and intended to break the law. One person may be charged with and convicted of both conspiracy and the substantive crime based on the same circumstances.
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Credit Card Fraud
Credit card fraud is committed when one person fraudulently obtains, takes, signs, uses, sells, buys, or forges another’s credit or debit card or card information; uses his or her own card with the knowledge that it is revoked or expired or that the account lacks enough money to pay for the items charged; and sells goods or services to someone else with knowledge that the credit or debit card being used was illegally obtained or is being used without authorization.
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Disorderly Conduct
Most states have a disorderly conduct statute that makes it a crime to disturb the peace, or to loiter in certain areas. Many types of obnoxious or unruly conduct may fit the definition of disorderly conduct, as such statutes are often used as catch-all crimes. Police often use a disorderly conduct charge to restore order when a person is behaving in a disruptive manner, but presents no real public danger.
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Domestic Violence
Domestic violence generally encompasses physical harm inflicted on one member of a household or family, by another member of the same household or family (most often between spouses or partners). Domestic violence usually involves repetitive physical and psychological abuse, and a cycle of violence. Specific crimes charged vary based on the severity of the victim's injuries, whether a minor was present, and whether a restraining order was violated.
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Drug Cultivation and Manufacturing
Drug cultivation and manufacturing laws make it a crime to grow, produce, and possess plants and other naturally occurring elements used in the production of controlled substances, such as cannabis seeds and marijuana plants. Such laws also make it a crime to produce illegal controlled substances like cocaine, methamphetamine, LSD, and Ecstasy (MDMA), which require use of certain chemicals and laboratory equipment in their production. Federal and state drug cultivation laws vary according to drug type and the amount produced.
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Drug Distribution / Trafficking
Drug distribution and trafficking laws criminalize the selling, transportation, and import into the United States of controlled substances such as marijuana, methamphetamine, cocaine, LSD, and heroin. Federal and state drug distribution and trafficking laws and punishments vary according to drug type, amount, geographic area of distribution, and whether minors were sold to or targeted.
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Drug Possession
Federal and state drug possession laws make it a crime to willfully possess controlled substances such as marijuana, methamphetamine, cocaine, LSD, "club drugs," and heroin. In additional, these laws criminalize the possession of precursor chemicals used in drug cultivation and manufacturing, as well as certain accessories related to drug use (pipes, etc.). Drug possession laws vary according to drug type, amount, and geographic area of the offense. Possession of small quantities may be deemed simple possession, while possession of larger amounts often results in a charge of "possession with intent to distribute."
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DUI / DWI
It is a crime for a driver to operate a vehicle while impaired by the effects of alcohol or drugs. The specific offense may be called driving under the influence (DUI), driving while intoxicated (DWI), operating under the influence (OUI), and operating while intoxicated (OWI). Whatever the specific title, DUI laws make it unlawful for a person to operate a car, truck, motorcycle, or commercial vehicle if a driver's ability to safely operate the vehicle is impaired by the effects of alcohol, illegal drugs, prescribed medications, or even over-the-counter medications such as antihistamines.
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Embezzlement
Embezzlement is defined in most states as theft (larceny) of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings.
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Extortion
Most states define extortion as gaining property or money by almost any kind of force, or threat of violence, property damage, harm to reputation, or unfavorable government action. While usually viewed as a form of theft, extortion differs from robbery in that the threat in question does not pose an imminent physical danger to the victim.
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Forgery
The crime of forgery generally refers to the making of a fake document, the changing of an existing document, or the making of a signature without authorization. Most states require that forgery be done with the intent to commit fraud or theft.
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Hate Crimes and Criminal Civil Rights Violations
A civil rights violation may become a crime if it involves the use, or threat of use, of force. Hate crimes are intended to hurt and intimidate someone because of their race, ethnicity, national origin, religious, sexual orientation, or disability.
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Identity Theft
Generally, identity theft laws make it a crime to misuse another person's identifying information; whether personal or financial. Such information (including social security numbers, credit history, and PIN numbers) is often acquired through the unlawful access of information from government and financial entities, or lost or stolen mail, wallets and purses, identification, and credit cards.
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Insurance Fraud
Insurance fraud occurs when an insured individual or entity makes a false or exaggerated insurance claim, seeking compensation for injuries or losses not actually suffered. Insurance fraud can also be committed upon customers, through the sale of unlicensed or bogus insurance coverage to unsuspecting clients, or an insurance broker or agent's diversion or theft of insurance premiums paid by clients.
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Kidnapping
Under federal and state law, kidnapping is commonly defined as taking a person from one place to another against his or her will, or the confining of a person to a controlled space. Some kidnapping laws require that the taking or confining be for an unlawful purpose, such as extortion or the facilitation of a crime. A parent without legal custody rights may be charged with kidnapping for taking his or her own child, in certain circumstances.
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Manslaughter: Involuntary
Involuntary manslaughter usually refers to an unintentional killing that results from recklessness or criminal negligence, or from an unlawful act that is a misdemeanor or low-level felony. The usual distinction from voluntary manslaughter is that involuntary manslaughter (sometimes called “criminally negligent homicide”) is a crime in which the victim's death is unintended.
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Manslaughter: Voluntary
Voluntary manslaughter is commonly defined as an intentional killing in which the offender had no prior intent to kill, such as a killing that occurs in the "heat of passion." The circumstances leading to the killing must be the kind that would cause a reasonable person to become emotionally or mentally disturbed. If not, the killing may be charged as a first-degree or second-degree murder.
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Money Laundering
Money laundering statutes make it a criminalize the transfer of money derived from almost any illegal activity (including organized crime, white-collar offenses, and drug transactions) into seemingly legitimate channels, in an attempt to disguise the origin of the funds.
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Murder: First-degree
Generally most states define first-degree murder as an unlawful killing that is willful and premeditated. This means that the murder occurred after planning or “lying in wait” for the victim. Most states also apply the legal concept known as the “felony murder rule,” under which a person commits first-degree murder if any death (even an accidental one) results from the commission of certain violent felonies such as arson, burglary, kidnapping, rape, and robbery.
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Murder: Second-degree
Second-degree murder is generally defined as an intentional killing that is not premeditated or planned, nor committed in a reasonable “heat of passion” or a killing caused by dangerous conduct and the offender’s obvious lack of concern for human life. Second-degree murder is the middle ground between first-degree murder and voluntary manslaughter.
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Perjury
Perjury statutes make it a crime to knowingly lie after taking an oath to tell the truth, such as when testifying in court or communicating through certain legal documents. The falsehood must usually be material to the matter at issue, though perjury can also be committed by simply signing a document with the knowledge that it contains false assertions.
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Prostitution
Prostitution laws criminalize any offer, agreement to, or engagement in a sexual act for compensation. There are three stages of a typical prostitution “transaction,” which can result in charges against the provider of services (for “prostitution”), the customer paying for the services (for “solicitation of prostitution”), or any middleman (for “pandering”or “pimping”).
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Pyramid Schemes
Pyramid schemes are a criminal form of investment fraud in which a large return on a small amount of money is promised, if the initial investor convinces new recruits to invest their own money in turn. The “pyramid” is built on the belief that others will continue to add their own money into the scheme. But once additional investors become scarce, the pyramid collapses and large amounts of money can be lost.
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Racketeering / RICO
Federal and state racketeering, profiteering, and RICO (Racketeer-Influenced and Corrupt Organization) laws criminalize profit gained from an illegal organization’s profit from any legitimate business operation. Many of these laws allow for the confiscation and seizure of the criminal organization’s legitimate enterprise assets, and are typically used against known organized crime groups. The goal is to cripple the operation financially, and cut off sources of cash that support ongoing criminal activity.
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Rape
The crime of rape (or “first-degree sexual assault” in many states) generally refers to non-consensual sexual intercourse committed by physical force, threat of injury, or other duress. A lack of consent can include the victim's inability to say “no” to intercourse, due to the effects of drugs or alcohol. Rape can occur when the offender and victim have a pre-existing relationship, or even when the offender is the victim’s spouse.
Under a variation known as “statutory rape,” it is unlawful for an adult to engage in sexual intercourse with a person who has not reached the age of consent (usually 18 years of age).
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Robbery
Many states define robbery as theft (larceny) of property or money through the use of physical force or fear against a victim. When a deadly weapon such as a gun is used or the victim suffers injury, the robbery may be charged as “armed” or “aggravated.” Robbery almost always requires the presence of a victim who suffers actual injury, or is threatened with harm.
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Securities Fraud
Securities fraud occurs when a corporate officer or director makes a material misrepresentation, withholding, or distortion related to stock information; an officer or director unlawfully discloses confidential information related to a stock; and an individual or entity acts upon the unlawful disclosure of certain confidential stock information.
Securities fraud is usually governed by both federal and state law, and legal action can be initiated by private investors, or by a government agency such as the U.S. Securities and Exchange Commission.
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Sexual Assault
Sexual assault generally refers to any crime that subjects an individual to sexual touching that is unwanted and offensive. These crimes can range from sexual groping or assault and battery, to attempted rape.
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Stalking
Stalking laws in most states pertain to a relatively new crime involving a clear pattern of conduct in which the offender follows, harasses, or threatens another person, putting that person in fear for his or her safety. An individual may be charged with stalking regardless of any pre-existing relationship with the victim.
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Tax Evasion / Fraud
Tax evasion laws make it a federal or state crime to purposefully avoid the payment of federal, state, or local taxes, whether those taxes are a personal obligation or that of a business entity. A tax evasion conviction can result in penalties such as fines, incarceration, and asset forfeiture.
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Telemarketing Fraud
Telemarketing fraud statues commonly pertain to various deceptive schemes directed at consumers through unsolicited telephone calls, promising prize winnings and large cash windfalls that are non-existent or fraudulent.
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Fraud Theft / Larceny
Theft, also know as larceny, is typically defined as the taking of almost anything of value without the consent of the owner, with the intent to permanently deprive him or her of the property taken. Most states recognize degrees of theft, such as "grand" or "petty," which usually relate to the value of the property taken.
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Wire Fraud
Wire fraud crimes refer to any fraudulent scheme to gain money or property, committed or aided through the use of interstate wires. “Wires” refers to television, radio, telephone, or a computer modem. Almost all instances of wire fraud are considered federal crimes, due to their potential interstate effects.
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