A
_______ includes money, coins, tokens, stamps, seals, credit cards, badges, and trademarks.
Fill in the blank
Writing
_______ means to alter, make, complete, execute, or authenticate any writing so that it purports to be the act of another who did not authorize that act.
Fill in the blank.
Forge
Mary writes a $50 check to pay her child support. Mary knows she only has $25 in her account when she passes the check.
What offense, if any, and level?
Issuance of Bad Check, MB (Child support enhancement)
Section 33.021, Online Solicitation of a Minor defines a minor as younger than _____.
Fill in the blank.
17 (meaning 16 or younger)
__________ means to approach, instruct, communicate with, store data in, retrieve or intercept data from, alter data or computer software in, or otherwise make use of any resource of a computer, computer network, computer program, or computer system.
Fill in the blank
Access
While running traffic, you see a vehicle speeding. You stop the driver and they identify themselves as Steve Austin. An NCIC check of Steve Austin finds he has a couple traffic warrants. You confirm on the warrants and take Steve into custody. A search incident to arrest of Steve’s wallet finds he has multiple gift cards from various locations and 7 Social Security cards in his wallet. None of the names of the social security cards are his. After you mirandize Steve, you ask him who the Social Security cards belong to. He tells you he has nothing to say. You look up each of the individuals and contact them. They tell you they have no idea who Steve is but they each lost their SS cards at various times. They are all adults under 65 years of age. What do you file?
Fraudulent Use or Possession of ID Information, F3 (Enhanced 5-9 items)
Ariel and Bell go to the Coach store together. The handbag Bell wants is $450 but she only has $150. She tells Ariel to grab her the $125 handbag and bring it over to her. Bell switches the price tag off of the $125 bag and onto the $450 bag. Bell checks out and pays $125 for the $450 bag after switching the price tags. After Bell and Ariel leave, one of the employees notices the $450 price tag on the ground. She contacts PD. When you arrive, the employee explains the situation. What are you going to file?
Fraudulent Destruction, Removal, or Concealment of Writing, MB ($450-$125 = $325)
Joe makes clay pots and sells them at various flea markets. In order to get a higher sales price for his pots he alters the pots to make them appear older than they are and passes them off as antiques to his buyers.
What offense, if any, has Joe committed and what is the level?
Criminal Simulation, MA
Tony accesses Tina’s computer without her knowledge or consent.
What is the offense, if any, and level?
Computer Breach, MB
Marriott has data worth $151,000 stolen from one of their networks.
What offense, if any, was committed and level?
Computer Breach, F2
Leonardo and Donatello go out to the Shops at Legacy with counterfeit $100 bills. The two parties split up and go to different businesses making small $1-$5 purchases in order to get the business’s real money back. The two parties hit a total of seven businesses by the time they are finished and leave with $665 of real money. One of the business managers calls and reports the counterfeit $100 bill that was passed at their location. You arrive on scene and conduct an investigation discovering all seven locations the counterfeit $100 bills were passed. What are you going to file?
Forgery, MB
*CCA Ruling on E-1 (value ladder). Must use value ladder for forgery if property or service was obtained**
This previously was a F3, based on property obtained now MB
Jill likes shopping, but is a little short on money lately. Jill decides to apply for a credit card to help out with her money issues. While completing the application for the credit card, Jill states she earns $50,000 a year, when in reality she is unemployed. The credit card company approves the credit card application based on her stated income. She is approved for a credit limit of $5000.
What offense, if any, has Jill committed and the level?
False Statement to Obtain Credit, SJF
Mulan and Jasmine go out for a drink after work. After a couple hours, Mulan decides she is partied out and tells Jasmine she is going to head home. Mulan gets her tab and signs it but forgets to take her credit card with her. Mulan wakes up the next day and goes to the grocery store. When she goes to pay for her groceries, she realizes her credit card is missing. She goes home and checks the activity on the card and sees three charges from last night she definitely did not make. She calls Jasmine and asks if she saw her credit card. Jasmine says she didn’t see it anywhere last night. A check of Jasmine’s social media by Mulan shows she was at all three locations where Mulan had the credit card charges she did not make. Mulan calls PD and you respond to her residence. She tells you about the missing credit card, the three unknown transactions and her friend Jasmine. You respond to the three locations. Only one has cameras inside. Upon reviewing video footage, you see Jasmine at the location passing a credit card. The business provides the receipt for the transaction at that time and the last four digits on the transaction match Mulan’s missing credit card. What are you going to file?
CCA, SJF
Sara is 16 years old. Sara meets John on a message board and they exchange Snapchat usernames. John is 55. John sends Sara a nude photo of himself and asks if she likes older men. Sara says she does and they agree to meet to have sex.
What offense, if any, has John committed and level?
Online Solicitation, F2
Name 5 offenses a person 17 or older must have the intent to commit under Online Solicitation of a Minor.
CCP 62.001(A),(B),(K)
Neo is in possession of five counterfeit stamps. What if any offense occurred?
Forgery, F3
*If there is no evidence a service or property was obtained or intended to be obtained, value ladder does not apply.
Rocksteady is working out at the gym and sees April O’Neil left her $50 purse on the ground. Rocksteady steals the purse and leaves the gym. April notices her purse is missing but does not call the police until later that night when she gets home. You respond to April’s residence. She tells you she believes her $50 purse was stolen when she was at the gym. You begin to ask April what she is missing. April advises there was nothing really of value inside the purse except her checkbook. You ask April to check her bank account real quick and she sees Rocksteady wrote himself a check for $500 from April’s account. April confirms she has no idea who that is and definitely did not write the check. What are you going to file?
Forgery, SJF
*New addition to law this legislative cycle: At trial the penalty can be reduced based on the value. You still charge them at SJF level at time of arrest.
Don gives Barry his credit card and tells him to buy a tool at Home Depot with it. Barry goes to Home Depot and buys the tool. On the way back to Don's, Barry stops at the gas station and also uses Don's credit card to buy some gas and snacks.
What offense, if any, has Barry committed and level?
CCA, SJF
Frank is 17 years old. He meets Sara, who is 13 years old, online and they begin talking through Snapchat. During their Snapchat conversations, Frank distributes sexually explicit material to Sara, which Sara agreed to receive, and they agree to meet at a later time in order to engage in sexual contact.
What offense, if any, has Frank committed and the level?
Online Solicitation, F2
Maxim is 16 and goes to the local high school. Maxim is bullied by Lindsey, a girl in his class. Maxim wants to get back at her and wants her to get into trouble. Maxim creates an email account in the name of his teacher and sends an email to Lindsey’s parents telling them Lindsey was in serious trouble at school. Maxim includes his teachers name in the email addressed to Lindsey’s parents.
What offense, if any, has Maxim committed and level?
Online Impersonation, MA
Michelangelo is a cashier at Lululemon. While he is working, a customer identified as Bebop comes into his business and attempts to purchase $200 of yoga pants for his wife. Bebop tells Michelangelo he is going to pay with his credit card. First Bebop tries the chip reader but it does not work. Bebop then swipes his card and it does work. Michelangelo is a little suspicious about the chip not working and asks to see the card. The credit card does have Bebop’s name on the front, but when he attempts to match the physical card number to the number that shows up on the receipt, the last four that show up on the receipt do not match. Michelangelo signals another employee to contact PD while he stalls Bebop. You are dispatched to the scene. When you arrive, Bebop is still there with the credit card he used to purchase the items. A check of the credit cards finds the number on the physical card does not match the card number assigned to the magnetic strip that is actually being charged. A further investigation of this card number assigned to the magnetic strip shows that account actually belongs to Rafael and not Bebop. The merchandise is recovered and returned. You contact Rafael and notify him of what occurred. Rafael tells you he knows Bebop because he is 73 and Bebop’s wife is his home health aide. What are you going to file?
CCA, F3 (Elderly Enhancement) - Best option
Forgery of CC, MA (Elderly Enhancement)
Beth goes to La Madeline for lunch with a couple friends. When she attempts to pay for her meal she realizes her wallet is missing. You are called to the scene and meet with Beth. She tells you she is 67 years old and just got done playing Bingo with her friends at the community center before heading to La Madeline to eat. While on scene, Beth gets a call from her bank saying her credit card was just used at CVS down the street and a purchase of $1500 was made. Beth tells you the wallet is worth $20 and the only items in it are her credit cards and debit cards.
What offense, if any, and level?
CCA, F3
Prop Joe is arrested on traffic warrants. A search incident to arrest finds the government identification of three individuals all over 70 years old in Prop Joe’s wallet. What if any offense has occurred?
Fraudulent Possession ID Information, F3
While Paul is at school he decides to play a joke on a teacher. He uses his teacher's name and the phone number and address of the school to order several pizzas online using a school computer. He orders from several pizza places and attempts to schedule a DJ to come to the school the next day. Paul does not attempt to pay for any of the services he has ordered.
What offense, if any, has Paul committed and the level?
Online Impersonation, MA
Gary recently received a ticket for a traffic offense and is upset his clean record now shows a ticket. Gary decides to access, bypassing security measures and without consent, the City of Plano computer network to delete the records regarding his ticket. Gary successfully deletes the ticket from the system, removing the $100 ticket from the system.
What offense, if any, has Gary committed and the level?
Breach of Computer Security, F2