Business Law with UCC Applications,13e

Criminal Law and Cybercrimes

Chapter 5

McGraw-Hill/Irwin Copyright © 2013 by The McGraw-Hill Companies, Inc. All rights reserved.

5-2

Learning Objectives

1. Explain the purpose of criminal law.

2. Enumerate the various categories and classes of crimes.

3. Describe the nature of an act within the concept of criminal liability.

4. Identify the four mental states to be found in the criminal code.

5. Explain the nature of corporate criminal liability.

5-3

Learning Objectives

6. Explain the various theories of punishment within criminal law.

7. Enumerate and explain the elements of several key crimes.

8. Define and explain the nature of cybercrimes.

9. Explain the three standards for the insanity defense in criminal law.

10.Outline the requirements of entrapment as a defense in criminal law.

5-4

Criminal Law andCybercrimes

• Definition and Classes of Crimes– Definition of a Crime – Criminal Law in the American System – Classes of Crimes

5-5

Criminal Law andCybercrimes

• Definition of a Crime– The Objectives of Criminal Law– Prosecutions and Lawsuits– Double Jeopardy– Victim’s Rights

5-6

Criminal Law andCybercrimes

• Criminal Law in the American System– Federal Criminal Law– Criminal Law as Adaptation

5-7

Criminal Law andCybercrimes

• Elements of a Crime– A Criminal Act – The Required State of Mind – The Matter of Motive – The Matter of Corporate Liability – The Matter of Punishment

5-8

Criminal Law andCybercrimes

• A Criminal Act– Omissions and Refusals to Act– Involuntary Movement or Behavior

5-9

Criminal Law andCybercrimes

• The Required State of Mind– Purpose– Knowledge– Recklessness– Negligence

5-10

Criminal Law andCybercrimes

• The Matter of Corporate Liability– Corporate Personality– Corporate Liability Theories– The Modern Penal Code

5-11

Criminal Law andCybercrimes

• The Matter of Punishment– Protecting the public at large– Individual offenses and punishment– The Death Penalty

5-12

Criminal Law andCybercrimes

• Specific Crimes– Crimes against People – Crimes against Property – Crimes

5-13

Criminal Law andCybercrimes

• Crimes against People– First-Degree Murder– Second-Degree Murder and Manslaughter– Battery and Assault– Hate Speech

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Criminal Law andCybercrimes

• Crimes against Property– Burglary, Breaking and Entering, and

Trespass– Aggravated Arson and Arson– Aggravated Robbery and Robbery– Theft, Fraud, and Related Offenses

5-15

Criminal Law andCybercrimes

• Crimes Involving Business– Embezzlement– Forgery, Criminal Simulation, and Passing

Bad Checks– Defrauding Creditors– Racketeer Influenced and Corrupt

Organizations Act

5-16

Criminal Law andCybercrimes

• Crimes against Justice– Bribery and Theft in Office– Dereliction of Duty– Intimidation– Obstruction of Justice and Resisting Arrest– Perjury and Tampering with Evidence

5-17

Criminal Law andCybercrimes

• Cybercrimes– Cybertresspass – Crimes Committed with a Computer – Crimes that Target Computers – Federal Cybercrimes – The Global Cybercrisis

5-18

Criminal Law andCybercrimes

• Crimes Committed with a Computer– Cyberextortion

– Cyberstalking

– Cyberharassment

– Cyberassault

– Cyberbullying

– Cyberspoofing

– Phishing and Spear Phishing

– Smishing and Vishing

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Criminal Law andCybercrimes

• Crimes that Target Computers– Cyberterrorism– Identity Theft– Cybervandalism– Cybergerm Warfare

5-20

Criminal Law andCybercrimes

• Federal Cybercrimes– The Computer Fraud and Abuse Act (CFAA)– The Electronic Communications Privacy Act

(ECPA)– The Communications Assistance for Law

Enforcement Act (CALEA)– The Economic Espionage Act (EEA)

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Criminal Law andCybercrimes

• Federal Cybercrimes– The National Stolen Property Act (NSPA)– The Identity Theft and Assumption Deterrence

Act (ITADA)– The CAN SPAM Act

5-22

Criminal Law andCybercrimes

• The Global Cybercrisis– Cyber Strategies and Cyber Solutions– Cyber Command (Cybercom)– Internet Crime Complaint Center (IC3)– Domestic Strategies

5-23

Criminal Law andCybercrimes

• Defenses to Criminal Liability– The Insanity Defense – Entrapment – Justifiable Force – Mistake

5-24

Criminal Law andCybercrimes

• The Insanity Defense– Competency to Stand Trial– Not Guilty by Reason of Insanity (NGRI)

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Criminal Law andCybercrimes

• Justifiable Force– Self-Defense– Defense of Others– Battered Spouse Syndrome