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Under New York State law, falsifying business records in the second degree is a class A misdemeanor, while falsifying business records in the first degree is a class E felony. [1] The elements for the misdemeanor second-degree crime are: A person is guilty of falsifying business records in the second degree when, with intent to defraud, he:
The Indiana Code in book form. The Indiana Code is the code of laws for the U.S. state of Indiana. The contents are the codification of all the laws currently in effect within Indiana. With roots going back to the Northwest Ordinance of 1787, the laws of Indiana have been revised many times.
Legally adequate provocation must go beyond insulting words to events, situations and circumstances that surprise the defendant and trigger the loss of reason without time to consider consequences or weigh pros and cons. Involuntary manslaughter is an unintentional killing. The law requires proof of some form of malfeasance or misfeasance.
Virginia's criminal code obligates an individual going upon the property of another with intent to hunt, fish, or trap to identify themselves upon demand of the landowner or the landowner's agents (§ 18.2–133), and further imposes an affirmative duty on law enforcement to enforce that section (§ 18.2–136.1).
In law, fraud is an intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law or criminal law, or it may cause no loss of money, property, or legal right but still be an element of another civil or criminal wrong. [1]
False pretences as a concept in the criminal law is no longer used in English law. It used to refer to the means whereby the defendant obtained any chattel, money or valuable security from any other person with intent to defraud, indictable as a misdemeanour under the Larceny Act 1861 [6] as amended by the Larceny Act 1916.
A transfer will be fraudulent if made with actual intent to hinder, delay, or defraud any creditor. Thus, if a transfer is made with the specific intent to avoid satisfying a specific liability, then actual intent is present. However, when a debtor prefers to pay one creditor instead of another, that is not a fraudulent transfer. [citation needed]
This was a major mischief at which the 1977 Act was aimed, [citation needed] although it retained the convenient concept of a common law conspiracy to defraud: see Law Com No 76, paras 1.9 and 1.16. Henceforward, according to the Law Commission, it would only be an offence to agree to engage in a course of conduct which was itself a criminal ...