Ch6. Crimes Against Liberty, Reputation, and Property

Crimes Against Personal Liberty

Kidnapping (18 U.S.C. § 1201; state codes):
Unlawful seizure, confinement, or carrying away of a
  person by force, threat, or deception.
Aggravated: ransom demand; victim under 16; crossing
  state lines (federal jurisdiction).
Federal penalty: up to life imprisonment.

False Imprisonment:
Unlawful confinement of a person without consent and
  without legal authority.
Lesser included offense of kidnapping.
State misdemeanor or felony depending on duration
  and circumstances.

Criminal Coercion / Extortion:
Extortion: obtaining property or services by wrongful
  use of force, threat, or fear (Hobbs Act — 18 U.S.C.
  § 1951; state extortion statutes).
Criminal coercion (MPC § 212.5): compelling another
  to do or abstain from a lawful act by threatening
  unlawful harm.

Criminal Trespass / Burglary:
Criminal trespass: unlawful entry or remaining on
  premises after notice.
Burglary (common law): breaking and entering a dwelling
  of another at night with intent to commit a felony.
Modern statutes: no longer require nighttime or
  breaking; defined broadly.

Criminal Defamation

Criminal Defamation (minority of US states):
Making a false statement of fact about a person that
  harms their reputation, published to a third party.
Only ~20 states retain criminal defamation statutes;
  rarely prosecuted.

First Amendment Limits:
New York Times Co. v. Sullivan (1964): public officials
  must prove actual malice (knowledge of falsity or
  reckless disregard for truth).
Garrison v. Louisiana (1964): actual-malice standard
  applies to criminal defamation.
Statements of pure opinion: protected; cannot be
  criminally defamatory.

Defamation vs. Criminal Harassment:
Most "reputation" cases pursued civilly (not criminally).
Online harassment/cyberstalking: addressed by federal
  and state statutes (18 U.S.C. § 2261A; state cyber-
  harassment laws).

Theft Offenses

Theft (Model Penal Code § 223; state codes):
MPC consolidates: larceny, embezzlement, false pretenses,
  extortion, receiving stolen property into one
  "theft" offense.

Common Law Larceny:
Trespassory taking and carrying away of personal
  property of another with intent to permanently deprive.
Petty larceny (misdemeanor) vs. grand larceny (felony)
  based on value threshold (varies by state; typically
  $500–$1,000).

Robbery (18 U.S.C. § 2111; state codes):
Taking property from a person by force or threat of
  immediate force.
Aggravated robbery: use of a deadly weapon;
  serious bodily injury inflicted.
Federal penalty: up to 20 years; enhanced for weapons.

Burglary (modern):
Unlawful entry into a structure with intent to commit
  a crime inside.
First-degree: occupied dwelling. Second-degree: other
  structures. Third-degree: remaining unlawfully.

Carjacking (18 U.S.C. § 2119):
Taking a motor vehicle from another by force or
  intimidation.
Federal felony; up to 25 years; life if death results.

Fraud, Embezzlement, and Breach of Fiduciary Duty

Wire Fraud / Mail Fraud (18 U.S.C. §§ 1341, 1343):
Scheme to defraud using the mail or wire communications.
One of the most broadly used federal fraud statutes.
Penalty: up to 20 years; up to 30 years if financial
  institution or federal disaster involved.

Bank Fraud (18 U.S.C. § 1344):
Scheme to defraud a financial institution or obtain
  its money by false pretenses.
Penalty: up to 30 years.

Embezzlement:
Fraudulent conversion of property lawfully entrusted
  to the defendant.
Federal: 18 U.S.C. § 666 (federal funds), § 641.
State statutes vary; aggravated if breach of fiduciary
  role (e.g., attorney, trustee, corporate officer).

Breach of Fiduciary Duty / Securities Fraud:
Corporate officers owe fiduciary duties; violations
  may give rise to criminal liability under securities
  laws (15 U.S.C. § 78j; 18 U.S.C. § 1348).
Penalty: up to 25 years for securities fraud.

Theft by Deception vs. Embezzlement:
Theft by deception (fraud): defendant never had lawful
  possession — obtained property through false pretenses.
Embezzlement: defendant had lawful possession/custody
  and later misappropriated it.

Criminal Defamation and the First Amendment ★★★★★ : Public figures must prove actual malice even for criminal defamation (Garrison v. Louisiana). Pure opinion is absolutely protected. Memory tip: Criminal defamation = rare + actual-malice required for public figures.

Embezzlement vs. Theft by Deception ★★★★★ : Embezzlement = lawful custody + fraudulent conversion. Theft by deception = false pretenses used to obtain property from the start. Memory tip: Embezzlement = trusted + betrayed; Fraud = deceived from the beginning.

Robbery = Theft + Force/Fear ★★★★☆ : Robbery is larceny from a person by force or immediate threat of force. The force or threat must accompany the taking, not occur afterward. Memory tip: Robbery = theft + violence.

Practice Quiz

Q. Why can a truthful statement still give rise to civil (but rarely criminal) defamation liability?

In the US, truth is an absolute defense to both civil and criminal defamation. A truthful statement cannot form the basis of any defamation claim. This contrasts with some civil “false light” or privacy claims, but even there, the statement must be false or misleading to be actionable. The rarity of criminal defamation prosecutions in the US reflects both First Amendment constraints and the preference for civil remedies.

Q. What distinguishes robbery from extortion?

Robbery requires taking property directly from a person (or their immediate presence) by force or immediate threat of force — the threat is instantaneous. Extortion involves obtaining property through a threat of future harm, reputational damage, or economic injury, and does not require the victim’s immediate presence. Robbery is a crime of immediate violence; extortion operates through fear of future consequences.