Help with definition of a crime.

[bakeefe4]

What is the name of your state (only U.S. law)? Indiana
I have heard that in order for a act to be criminal there must be a victim. and that not just the intent of an act is enough for a crime... can anyone help me find information on this.... if possible even a ruling on this... what in fact makes an act criminal? thank you...

 

[BOR]

You are not talking about traffic crimes or such, are you?

Or are you talking about so called "victimless crimes", such as Prostitution.

 

[BOR]

IC 1-1-2-2
Criminal law statutory
Sec. 2. Crimes shall be defined and punishment therefor fixed by statutes of this state and not otherwise.
(Formerly: Acts 1852,1RS, c.61, s.2.) As amended by Acts 1978, P.L.2, SEC.101.

 

[CdwJava]

What is the name of your state (only U.S. law)? Indiana
I have heard that in order for a act to be criminal there must be a victim. and that not just the intent of an act is enough for a crime... can anyone help me find information on this.... if possible even a ruling on this... what in fact makes an act criminal? thank you...

There is a fringe movement on the far right, sometimes called Constitutionalists, that argue that there can be no crime without a victim. Usually this has to do with things like drug crimes, traffic laws, regulation, etc.

Here are a couple of links to these definitions that explain it:

http://www.in.gov/legislative/ic/code/title35/ar41/ch1.html

http://www.in.gov/legislative/ic/code/title35/ar41/ch2.html

Key among them is this: "A person commits an offense only if he voluntarily engages in conduct in violation of the statute defining the offense. However, a person who omits to perform an act commits an offense only if he has a statutory, common law, or contractual duty to perform the act."

You will note that it says nothing about a "victim." In essence, if a person in Indiana fails to follow a statute that he is required to follow, he can be charged with a criminal offense.

 

[bakeefe4]

You are not talking about traffic crimes or such, are you?

Or are you talking about so called "victimless crimes", such as Prostitution.

Kind of Driving while suspended prior an A misder.

 

[racer72]

This was argued in a Constitutional law class I took. A couple people argued the same rhetoric. It was stated that in such cases as these, the "people" are the victims. The US Constitution and the constitutions of all states give the states the power to represent the people in matters of law.

 

[BOR]

Kind of Driving while suspended prior an A misder.

The "victim" is society as a whole. Laws are passed to control societal conduct, and a breach of that results in a charge, whether a crime or infraction, etc.

 

[bakeefe4]

This was argued in a Constitutional law class I took. A couple people argued the same rhetoric. It was stated that in such cases as these, the "people" are the victims. The US Constitution and the constitutions of all states give the states the power to represent the people in matters of law.

Not at all but what is the definition of a crime. it seams to me that driving on a suspended with out an accedent is not crime only the potintioal of a crime of an acc. also an Ie HAVING TO PROVIDE PAPERS OF LEGAL TRAVEL ( DRIVERS LIC.)

 

[BOR]

Not at all but what is the definition of a crime. it seams to me that driving on a suspended with out an accedent is not crime only the potintioal of a crime of an acc. also an Ie HAVING TO PROVIDE PAPERS OF LEGAL TRAVEL ( DRIVERS LIC.)

Is driving on a suspended license against IN law? Sure it is?

 

[bakeefe4]

Is driving on a suspended license against IN law? Sure it is?

So what is the defin. of a crime. can there be a true victimless crime as the constition stands. and is it true if a law is in contradiction with the constitution it is to be treated as if it doesn't exist?

 

[BOR]

Look up CRIME in a dictionary, no doubt it will be the same or similar to a law dictionary definition.

Carl and I already gave examples.

Unless driving with a suspended license and a subsquent charge violates the federal or IN constitution, it is properly codified.