BUSINESS LAW - CHAPTER 6 (Criminal Law and Cyber Crime)

A wrong against society proclaimed in a statute and, if committed, punishable by society through fines, imprisonment, or death.

The standard of proof used in criminal cases.

A guilty (prohibited) act. The commission of a prohibited act is one of the two essential elements required for criminal liability, the other element being the intent to commit a crime.

The wrongful mental state (“guilty mind”), or intent, that is one of the key requirements to establish criminal liability for an act.

The act of forcefully and unlawfully taking personal property of any value from another.

The wrongful taking and carrying away of another person’s personal property with the intent to permanently deprive the owner of the property.

The unlawful entry or breaking into a building with the intent to commit a felony.

The intentional burning of a building.

The fraudulent making or altering of any writing in a way that changes the legal rights and liabilities of another.

Nonviolent crime committed by individuals or corporations to obtain a personal or business advantage.

The fraudulent appropriation of funds or other property by a person who was entrusted with the funds or property.

The offer or acceptance of anything of value in exchange for influence on a government/public official or employee

The purchase or sale of securities on the basis of information that has not been made available to the public.

Engaging in financial transactions to conceal the identity, source, or destination of illegally gained funds.

Racketeer Influenced and Corrupt Organizations Act, commonly referred to as the RICO Act or simply RICO, is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization.

A crime—such as arson, murder, rape, or robbery—that carries the most severe sanctions, ranging from more than one year in a state or federal prison to the death penalty.

A lesser crime than a felony, punishable by a fine or incarceration in jail for up to one year.

The least serious kind of criminal offense, such as a traffic or building-code violation.

The legally recognized privilege to do what is reasonably necessary to protect oneself, one’s property, or someone else against injury by another.

Unlawful pressure brought to bear on a person, causing the person to perform an act that she or he would not otherwise perform.

A defense in which a defendant claims that he or she was induced by a public official to commit a crime that he or she would otherwise not have committed.

Giving testimony in a trial or other legal proceeding that could expose the person testifying to criminal prosecution.

The process by which a criminal defendant and the prosecutor work out an agreement to dispose of the criminal case, subject to court approval.

An order granted by a public authority, such as a judge, that authorizes law enforcement personnel to search particular premises or property.

Reasonable grounds for believing that a search should be conducted or that a person should be arrested.

The Fifth Amendment requirement that prohibits a person from being tried twice for the same criminal offense.

A rule that prevents evidence that is obtained illegally or without a proper search warrant—and any evidence derived from illegally obtained evidence—from being admissible in court.

A formal charge by a grand jury that there is probable cause to believe that a named person has committed a crime.

A group of citizens who decide, after hearing the state’s evidence, whether a reasonable basis (probable cause) exists for believing that a crime has been committed and that a trial ought to be held.

A crime that occurs in the online environment rather than in the physical world.

Any misrepresentation knowingly made over the Internet with the intention of deceiving another for the purpose of obtaining property or funds.

An e-mail fraud scam in which the messages purport to be from legitimate businesses to induce individuals into revealing their personal financial data, passwords, or other information.

A person who uses computers to gain unauthorized access to data.

Malicious software programs, such as viruses and worms, that are designed to cause harm to a computer, network, or other device.

A software program that automatically replicates itself over a network but does not alter files and is usually invisible to the user until it has consumed system resources.

A software program that can replicate itself over a network and spread from one device to another, altering files and interfering with normal operations.