Property crimes and public order crimes cover most of the offenses that are not directly against another person. These are most often lower level crimes with smaller punishments than the crimes against people discussed in Chapter 7 and the larger crimes we will be discussing in Chapters 9 and 10. However, the crimes covered in this chapter are also the ones that occur most often compared to the larger crimes. Everyone is more likely to be witness to or victimized by smaller offenses like stolen property, vandalism, or a public disturbance. In fact, you may already have personal experience with one of the offenses in this chapter.

8.7.4 Summary

A property crime is interfering with someone’s property in the form of damage or destruction. It can also include taking, using, or disrupting the owner’s use of that property in any way. Determining who has the right of ownership requires investigating proof of ownership. In addition to ownership, the value of property is important. Theft is a broad term for a property crime that covers several different ways of messing with (interfering with) property belonging to someone else that ruins their ability to use it themselves. Burglary is entering any structure or vehicle at any time of day if you are not supposed to be in there and are there to commit a crime. Criminal damage means it is a crime to damage or destroy property or tamper with property. It also includes using deception or a threat that leads to a loss of property. Criminal damage is sometimes also called “vandalism” or “criminal mischief” in some jurisdictions. Arson is the intentional or malicious (intending to do harm) burning of property with fire or explosion.

Public order crimes are those designed to directly address violations of what has been determined to be “acceptable social conduct” and “community behavior standards.” Particular to public order crimes is the concept of a victimless crime, which is a crime that involves only the offender, who is technically only hurting themselves. Public order crimes rest on the fine line between individual and constitutional rights. The reasonable person standard is based on a hypothetical guess as to what the average person would do in public or think about a particular behavior in public. If a reasonable person would be offended by a behavior or would refrain from behaving a certain way knowing the impact the behavior would have on the people around them, then the offensive behaviors could be considered a public order crime. As the goal is to maintain a peaceful society, public order crimes address areas of disorderly conduct, unlawful assembly or riot, actions related to homelessness, all areas of prostitution, and drug and alcohol related offenses.

Vagrancy is homelessness and is demonstrated by a person who appears to be transient (moving from place to place) without a clear way to support themselves (unemployed). Loitering is technically just standing around without a purpose. Sit-lie laws prohibit sitting or lying on public streets and sidewalks and, as a result, force individuals to move about. Prostitution is engaging in sexual activity in return for payment. All states and the federal government criminalize the manufacture or cultivation, possession, sale, and use of certain drugs. The sale (exchanging drugs for money), distribution (giving drugs to others to sell), or trafficking (moving drugs across state lines) are all public order crimes. Scheduled drug use, also “called being under the influence of a controlled substance,” is typically a misdemeanor with more severe penalties for habitual offenders.

8.7.5 Resources

• The National Human Trafficking Hotline website provides statistics, resources, and help at https://humantraffickinghotline.org/
• Find resources and help for homelessness in your community at https://www.hud.gov/findshelter