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Legal Definitions - continuous crime
Definition of continuous crime
A continuous crime refers to an offense that is not completed by a single, isolated act but rather persists over a period of time, often involving a series of ongoing actions or an unlawful state of affairs. The crime continues as long as the prohibited conduct or condition exists. This concept is important for determining when a crime began, when it ended, and which jurisdiction has authority, especially for statutes of limitations.
Here are some examples to illustrate this concept:
- Example 1: Possession of Contraband
- Scenario: Mark purchases an illegal firearm and keeps it hidden in his home for several months.
- Explanation: While the act of *acquiring* the firearm was a specific event, the crime of *possessing* an illegal firearm is continuous. Each day Mark retains possession of the weapon, he is committing the ongoing offense. The crime doesn't conclude until he disposes of the firearm or it is confiscated.
- Example 2: Ongoing Embezzlement Scheme
- Scenario: An accountant systematically diverts small amounts of money from a company's accounts into their personal account over a period of two years, using various deceptive transactions.
- Explanation: The accountant's actions constitute a continuous crime of embezzlement. Although there are multiple individual transactions, they are all part of a single, ongoing scheme to defraud the company. The crime continues throughout the entire period that the fraudulent diversions are taking place.
- Example 3: Unlawful Imprisonment
- Scenario: A person kidnaps an individual and holds them captive in an isolated cabin for several days before they are eventually rescued.
- Explanation: The act of *seizing* the victim is an initial event, but the crime of unlawful imprisonment or kidnapping is continuous. The offense persists for the entire duration that the victim is held against their will, from the moment of capture until their release or rescue.
Simple Definition
A continuous crime is an offense where the unlawful act or omission persists over a period of time, rather than occurring at a single, discrete moment. The criminal conduct is ongoing, meaning it continues to exist or be committed over an extended duration.