Book-Cover-new-20190226-203x300CRIMES

50 ‘most charged’ crimes defined

CHILD ABUSE

The intentional infliction of physical or mental injury, upon a child.

Or, any intentional act that could reasonably be expected to result in physical or mental injury to a child.

Anyone who actively encourages another to commit an act of child abuse is guilty of child abuse.

A child is a person under the age of 18.


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50 ‘most charged’ crimes defined

CHILD PORNOGRAPHY

Possession of any image depicting a minor engaged in sexual conduct.

In most states each image is an additional count. Ten photos (electronic images) can become ten individual counts of child pornography.

 

 

 

 

 

 

 

 

 

 

 

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50 ‘most charged’ crimes defined

CARJACKING

Taking a motor vehicle from the custody of another person by force, violence or assault or putting in fear.

The taking must be with the intent to temporarily or permanently deprive the victim of their right to use or possess the motor vehicle.

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50 ‘most charged’ crimes defined

BRIBERY

To corruptly give, offer, or promise to any public servant any pecuniary or other benefit with the intent to influence the performance of any act within the discretion or power of the public servant.

The state must prove:

  1. The defendant directly or indirectly gave or offered something of value to a public official.
  2. The defendant did so knowingly and corruptly, with the intent to influence an official act.

 

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50 ‘most charged’ crimes defined

BOOKMAKING

The elements are:

  1. Defendant was engaged in the business or profession of gambling.
  2. While so engaged he/she took or received a bet or wager.
  3. The bet or wager was upon the result of any trial or contest, or skill, speed, power or endurance of human, beast, fowl, motor vehicle or mechanical apparatus,  or upon the result of any change, casualty, unknown, or contingent event.

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Money Laundering “Red Flags”

Questions to ask and

Things to be alert and mindful of….

  • Beneficial owners are in the “background” and you are, or should be, aware
  • Buyer and property are a mis-match
  • Buyer’s agent responses do not meet your due diligence requirements
  • Buyer’s income is inadequate to pay an 80% financed deal
  • Cash Deal? (remember: if there is a mortgage the lender always asks for a AML letter)
  • Client asks to use a Third Person nominee
  • Client is vague and reluctant to reveal the “person of interest” in the transaction
  • Deposits come from more than three banks
  • Income sources go back less than three years
  • Know Your Client: it’s the law!
  • Money Broker is involved
  • Money coming in from three sources and/or payment amounts (in dollars) are similar
  • Money instruments are used for any cost or payment
  • Non customary agents, payees, or persons appear on or at the closing
  • Notarized documents are not U.S.A. in origin
  • Off record payments or things of value are exchanged between parties
  • Payments of any kind are from more than three individuals or sources
  • Purchase is made without viewing the property or without inspection
  • Re-sold at the closing
  • Residential property is titled in a third person party
  • Rushed purchases or rushed sales
  • Sale price is high or low by a significant amount or percentage
  • SAR? Know what it is and who can and does make them…
  • Structuring? Be familiar with what structuring can look like
  • Third party names appear on monetary instruments
  • Transaction costs are unusual and the buyer doesn’t care
  • Trust but verify
  • Trust is the buyer and the Trustee is a non-U.S.A. resident
  • Vague or minimal information about a party participating in the transaction
  • Willful Blindness? Know what it is…..
  • Witnesses on documents are not U.S.A. residents

 

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50 ‘most charged’ crimes defined

ACCESSORY AFTER THE FACT

To prove this crime the state must prove that after the felony was committed you:

  1. assisted or gave aid,
  2. knowing the other person committed a felony
  3. that you intended to help that person avoid detection, or escape,
  4. you are not related by blood or marriage.

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50 ‘most charged’ crimes defined

LOITERING and PROWLING

To prove the crime of loitering and prowling, the state must prove:

  1. Defendant loitered or prowled in a place, at a time, or in a manner not usual for law abiding individuals.
  2. The loitering and prowling was under circumstances that warranted justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.

To loiter is to linger or dawdle or remain or move about without a lawful purpose.

 

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50 ‘most charged’ crimes defined

CRUELTY TO ANIMALS

To be guilty the state must prove:

The defendant unnecessarily overloads, overdrives, torments, deprives of necessary sustenance or shelter, or unnecessarily mutilates, or kills any animal, or causes the same to be done, or carries in or upon any vehicle, or otherwise, any animal in a cruel or inhumane manner.

It can be a felony if the defendant intentionally commits an act to any animal which results in the cruel death, or excessive or repeated infliction of unnecessary pain or suffering.

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50 ‘most charged’ crimes defined

POSSESSION OF A CONTROLLED SUBSTANCE

‘Possession’ means to have personal charge of, or exercise the right of ownership, management, or control over the thing possessed.

Possession may be actual or constructive.

‘Constructive possession’ means the thing is in a place over which the person has control, or in which the person has concealed it.

If a person has exclusive possession of a thing, knowledge of its presence may be inferred or assumed.

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50 ‘most charged’ crimes defined

KIDNAPPING

To prove the crime of kidnapping, the state must prove the following three elements:

  1. Defendant forcibly, secretly, or by threat: confined, or abducted, or imprisoned the victim against his or her will.
  2. The defendant had no lawful authority
  3. The defendant acted with intent to do any of the following:

 

  • commit a felony
  • hold for ransom
  • inflict bodily harm
  • terrorize the victim
  • interfere with the performance of any governmental or political function.