Legal Definitions - substantive crime

A substantive crime refers to a complete and independent criminal act, as defined by law. It is the actual commission of an illegal act, rather than an attempt to commit one, or an agreement to commit one (like conspiracy). These crimes have all the necessary elements fulfilled for the offense to be considered complete, making them the primary focus of criminal prosecution.

• Example 1: A person intentionally sets fire to an abandoned building, causing significant structural damage.

  Explanation: This scenario describes the substantive crime of arson. All the elements of the offense—the intentional burning of a structure and the resulting damage—have been completed. It is not merely a plan to commit arson or an unsuccessful attempt; the full illegal act has occurred.

• Example 2: An individual uses a stolen credit card to purchase several expensive electronics online, and the items are successfully shipped to their address.

  Explanation: This constitutes a substantive crime of credit card fraud and potentially theft. The act of unlawfully using another's financial instrument to obtain goods, and successfully acquiring those goods, is complete. The fraudulent transaction and the acquisition of property are finished acts, fulfilling the legal definition of the offense.

• Example 3: A driver, while under the influence of alcohol, swerves off the road and collides with a parked car, causing extensive damage.

  Explanation: This illustrates a substantive crime such as driving under the influence (DUI) and potentially reckless endangerment or property damage. The act of operating a vehicle while impaired, and the resulting collision and damage, are complete events. The driver has fully committed the illegal acts defined by statute, rather than merely planning to drive while intoxicated or attempting to cause damage.