Offenses Against Property

Abstract

Early laws of crimes against property clearly identified the forms of property necessary to the survival and prosperity of the community. Commercial and industrial de velopments in the modern era have made new and difficult de mands upon the law as forms of property and means to offend have gained in number and complexity. The modern Ameri can law of theft derives directly from the common law and from supplementary English legislation. Larceny, the basic theft offense, is distinguished by trespassory taking and in cludes larceny by servant and by trick. Personal goods and chattels are larcenable. False pretenses, embezzlement, and receiving stolen property also fall under the laws of theft. There are trends and proposals toward consolidated theft stat utes defining a single offense composed of the elements of sev eral theft offenses. Certain offenses against property also con tain elements of peril to life and limb. These offenses include robbery and extortion, arson and related offenses, and burglary. The states with their police power are equipped to legislate directly on offenses against property. The federal govern ment chiefly acts under its powers in connection with foreign and interstate commerce, revenue, war, and the postal system. Although Anglo-American law has developed in response to new demands, revision has not generally kept pace with un derlying economic changes. Deficiencies exist, and fundamen tal legislative reconstruction is required.—Ed.