Introduction
Understanding the differences between different categories of crime is essential for working in any area of legal practice. The ability to distinguish between various crimes allows suggesting an appropriate punishment in accordance with state or federal laws. The present paper will seek to differentiate between the six key types of crimes and to apply this knowledge to three scenarios, determining criminal charges that should be used in each case.
Types of Crimes
Violent crime is any crime that involves the use of force or the threat of violence. This type of crime involves one or more victims and one or more perpetrators. For instance, if a burglar enters a home and robs the occupants by threatening to shoot them, this is considered to be a violent crime. Another example of a violent crime is rape, when a person or a group of people force a victim to engage in sexual activity without consent.
Crimes against persons include any illegal activity where a victim is a person. Crimes against persons can be violent or nonviolent, and thus violent crimes also fall into this category. For example, killing a person for any reason other than protecting oneself is considered a crime against the person (Crossman, 2018). Stalking someone by following them or invading their privacy is also a crime against the person.
Crimes against property involve incidents where the perpetrators did not cause any bodily harm, damaging or stealing someone’s property instead. For example, breaking into a different person’s car parked on the street without their permission and driving away is a crime against property. Setting a house on fire intentionally when there is no one inside who could suffer from the fire is also a crime under this category.
Crimes of public morality are a type of crime where there are no victims because a person’s misdemeanor did not harm any other person. For example, the distribution of obscene materials, such as videos of sexual intercourse or masturbation, falls under this category of crime. Prostitution is also considered a crime of public morality since it occurs on a consensual basis but involves offering sex in exchange for a fee. Crimes of public morality are usually considered a misdemeanor or a gross misdemeanor, depending on the specific sub-category.
White-collar crime is a category of crime that involves a person using their job or position to gain profit (Crossman, 2018). Fraud and similar types of financial crimes are usually considered to be white-collar crimes. For instance, if an employee of a company forges or conceals some documentation to avoid taxes, they would be charged with a white-collar crime. If a person uses their position in a particular company to provide insider information to persons interested in buying stock, they engage in insider trading, which is also included in this category.
Lastly, cybercrime is a relatively new category of crime that emerged as a result of technological development. Cybercrime includes crimes that involve the use of computer technologies and are committed through a computer network (Norwich University, 2015). For example, if a hacker breaks into a bank’s internal system to gain access to personal accounts and steal money from them, this is a cybercrime. Also, if a person or a group of people apply a virus to the company’s network as part of a denial-of-service attack, they would be charged with cybercrime.
Analysis of Scenarios
Scenario 1
In the first scenario, David S. committed two different criminal acts, indecent exposure in public and breaking a car’s window by throwing a garbage can at it. By the criminal statutes of the State of Washington, the first act would be considered indecent exposure, which is a crime of public morality. If the person has not been charged with indecent exposure in the past, it would be viewed as a gross misdemeanor punishable by up to 364 days of imprisonment, a fine of up to 5,000 dollars, or both (“RCW 9A.88.010”, 2003). Breaking a car window, on the other hand, is a crime against property.
It falls under Section RCW 9A.48.090 (2009) and is considered malicious mischief in the third degree if the damage to the car can be covered with less than $750. Crimes under this section are also regarded as gross misdemeanors and would usually incur a punishment similar to indecent exposure. Given the circumstances of the case, it is likely that David S. would receive a penalty of up to 6 months in prison or a fine in the amount of $7,000-$8,000.
Scenario 2
In this case, Gary M. was communicating with a 14-year-old girl over the Internet and showed romantic interest by asking her to go on a date with him. Engaging in romantic or sexual relations with a minor who is under the age of consent is a criminal offense in all state legislatures. The particular category of crime that is evident in this scenario is a crime of public morality since the perpetrator did not have the opportunity to cause harm to the victim, even if he intended to do so.
In the Washington State law, this case would result in criminal charges of communication with a minor for immoral purposes, which is a gross misdemeanor (“RCW 9.68A.090”, 2013). However, if the investigation finds that this was not the first instance when Gary M. committed this type of offense, it would be considered a class C felony, punishable by a fine of up to $10,000 or imprisonment for up to 5 years (“RCW 9A.20.021”, 2015).
Scenario 3
In the third scenario, Elaine R. committed a crime using her position as an accountant in a large corporation. Using forged documents and her access to corporate accounts, she sent money to her personal bank account in a bank located outside of the United States. Elaine’s actions fall under the category of white-collar crime since she used her position to gain financial profits. There are two charges that can be applied in the present case. First of all, Section RCW 9A.56.320 (2003) of the Washington State Legislature states that unlawful possession and production of instruments of financial fraud, such as bank checks, is a class C felony.
Secondly, unlawful issuance of checks or drafts is also a class C felony under Section RCW 9A.56.060 (2015). Depending on the specific procedures used by Elaine R. to commit fraud, both charges may be applied to the case, resulting in imprisonment, a fine, or both.
Conclusion
All in all, this research paper sought to explain the differences between different categories of crime based on their theoretical interpretations and definitions. In the second part of the assignment, these definitions were applied to practice cases in order to identify criminal charges and punishments that should be used. All of the scenarios considered in the paper include different types of crimes, although all of them are classified as either a class C felony or gross misdemeanor.
References
Crossman, A. (2018). 7 different types of crimes. Web.
Norwich University. (2015). Defining cyber crime. Web.
RCW 9.68A.090. (2013). Web.
RCW 9A.20.021. (2015). Web.
RCW 9A.56.060. (2015). Web.
RCW 9A.56.320. (2003). Web.
RCW 9A.88.010. (2003). Web.