Criminal conversion
Encyclopedia
Criminal conversion is the crime
of exerting unauthorized use or control of someone else's property
. It differs from theft
in that it does not include the element of intending to deprive the owner of the possession of that property. As such, it is a lesser included offense of the crime of theft. Criminal conversion specifies a type of conversion
in that it involves criminal law
, not civil law
.
An example might be tapping someone's secured wireless LAN
or public utility line (which could also amount to theft of services
). Another example might be taking a joy ride in a car, never intending to keep it from the owner. Some places have defined such conduct as a specific type of theft, perhaps with a modified penalty.
Note that the "unauthorized" use may begin after a period of authorized use, where, for example, a person rents a car then keeps it for an extra week without permission from the rental company. Another common example occurs when a person fails to report finding lost goods (including animals), intending only to keep them until someone asks for their return. When the intent becomes one of keeping the property, it is a theft.
, the term fraudulent conversion was applicable to the offences under the Larceny Act 1901
and under sections 20 and 21 of the Larceny Act 1916
.
The former offences of fraudulent conversion are replaced by the new offence of theft
, contrary to section 1(1) of the Theft Act 1968
.
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
of exerting unauthorized use or control of someone else's property
Property
Property is any physical or intangible entity that is owned by a person or jointly by a group of people or a legal entity like a corporation...
. It differs from theft
Theft
In common usage, theft is the illegal taking of another person's property without that person's permission or consent. The word is also used as an informal shorthand term for some crimes against property, such as burglary, embezzlement, larceny, looting, robbery, shoplifting and fraud...
in that it does not include the element of intending to deprive the owner of the possession of that property. As such, it is a lesser included offense of the crime of theft. Criminal conversion specifies a type of conversion
Conversion (law)
Conversion is a common law tort. A conversion is a voluntary act by one person inconsistent with the ownership rights of another. It is a tort of strict liability...
in that it involves criminal law
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
, not civil law
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
.
An example might be tapping someone's secured wireless LAN
Wireless LAN
A wireless local area network links two or more devices using some wireless distribution method , and usually providing a connection through an access point to the wider internet. This gives users the mobility to move around within a local coverage area and still be connected to the network...
or public utility line (which could also amount to theft of services
Theft of services
Theft of services is the legal term for a crime which is committed when a person obtains valuable services — as opposed to goods — by deception, force, threat or other unlawful means, i.e., without lawfully compensating the provider of said services...
). Another example might be taking a joy ride in a car, never intending to keep it from the owner. Some places have defined such conduct as a specific type of theft, perhaps with a modified penalty.
Note that the "unauthorized" use may begin after a period of authorized use, where, for example, a person rents a car then keeps it for an extra week without permission from the rental company. Another common example occurs when a person fails to report finding lost goods (including animals), intending only to keep them until someone asks for their return. When the intent becomes one of keeping the property, it is a theft.
Fraudulent conversion
In England and WalesEngland and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
, the term fraudulent conversion was applicable to the offences under the Larceny Act 1901
Larceny Act 1901
The Larceny Act 1901 was an Act of the Parliament of the United Kingdom. It created offences of fraudulent conversion.This Act amended sections 75 and 76 of the Larceny Act 1861...
and under sections 20 and 21 of the Larceny Act 1916
Larceny Act 1916
The Larceny Act 1916 was an Act of the Parliament of the United Kingdom. Its purpose was to consolidate and simplify the law relating to larceny triable on indictment and to kindred offences ....
.
The former offences of fraudulent conversion are replaced by the new offence of theft
Theft
In common usage, theft is the illegal taking of another person's property without that person's permission or consent. The word is also used as an informal shorthand term for some crimes against property, such as burglary, embezzlement, larceny, looting, robbery, shoplifting and fraud...
, contrary to section 1(1) of the Theft Act 1968
Theft Act 1968
The Theft Act 1968 is an Act of the Parliament of the United Kingdom. It creates a number of offences against property in England and Wales.On 15 January 2007 the Fraud Act 2006 came into force, redefining most of the offences of deception.-History:...
.