Also known as:unauthorised use · unauthorized uses · unauthorised uses · unlawful use
Written by attorneys · grounded in primary & secondary sources — see below
Use of property, materials, identity, or information without permission from the owner or legal authority.
Sources & Authorities
How it applies
Common Examples
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Possession of Crime-Specific Materials
Ugo Uberti bought a set of lock-picking tools engineered solely to open high-security bank vaults and stored them in his garage near a targeted branch. Police discovered the tools during a search and charged him with attempt. The possession supplied the required substantial step because the tools were specially designed for unlawful entry and served no lawful purpose for Uberti.
Commercial Exploitation of Identity
Umar Underwood discovered that a local advertiser had published his childhood photographs and life story in a promotional campaign for a new product line without his consent. The campaign increased sales for the advertiser. Underwood sued for misappropriation, claiming the unauthorized commercial use of his identity unjustly enriched the defendant.
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Cases
Model Codes
Restatements
Casebooks
Conversion Through Unauthorized Disposal
Usman Uddin, a warehouse employee, sold several pallets of customer goods to a third party instead of returning them to the owner as required by his custody agreement. The owner sued for conversion. The sale constituted knowing conversion because Uddin exercised dominion over the property in a manner exceeding the limited authority granted to him.
Morrissette v. United States342 U.S. 246, 72 S.Ct. 240, 96 L.Ed. 288.
Supplying Materials to Known Criminal Enterprise
Uliana Ustinova sold large quantities of sugar and yeast to operators she knew were running an illegal distillery. Prosecutors charged her with conspiracy. The sales supported liability because she knowingly furnished materials essential to the ongoing criminal operation even though she never entered the distillery herself.
United States v. Falcone311 U.S. 205, 61 S.Ct. 204, 85 L.Ed. 128
Fraudulent Deprivation of Property Interest
Ursula Upton, a public official, diverted government funds to a private account for personal use under the guise of official business. The government charged mail fraud. The diversion amounted to unauthorized use of public property that deprived the government of its property interest in the funds.
McNally v. United States483 U.S. 350, 107 S.Ct. 2875, 97 L.Ed.2d 292 (1987)
Knowing Use of Another's Identification
Umar Usmani used a stolen Social Security number belonging to another person to open bank accounts and obtain credit. Federal prosecutors charged aggravated identity theft. The knowing use of the number without authorization satisfied the element requiring that the defendant knew the means of identification belonged to an actual person.
Flores-Figueroa v. United States556 U.S. 646, 652, 129 S.Ct. 1886, 173 L.Ed.2d 853 (2009)
Common questions
Frequently Asked
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What distinguishes unauthorized use from simple trespass in property cases?+
Unauthorized use arises when a party exceeds the scope of a limited permission, such as a license, rather than entering land without any permission at all.
Does unauthorized use of materials support attempt liability under the Model Penal Code?+
Yes. Possession of materials specially designed for unlawful use or that serve no lawful purpose under the circumstances constitutes a substantial step toward commission of the crime.
Can unauthorized commercial use of a person's name or likeness create tort liability?+
Yes. An individual holds a property right in the commercial use of their identity, and exploitation of that identity for the defendant's benefit without consent supports a claim even absent defamation.
How does unauthorized use relate to conversion of property?+
Conversion includes misuse or abuse of property placed in one's custody for limited use, such as commingling funds or disposing of goods beyond the scope of authority granted.
When does a license assignment prevent a claim of unauthorized use by the licensor?+
A license may be assigned without formalities unless the license is personal or restricted, so the assignee's continued use after a business sale is authorized rather than unauthorized.
342 U.S. 246, 72 S.Ct. 240, 96 L.Ed. 288.Criminal Law
…own, if he was under a duty to keep it separate and intact. It is not difficult to think of intentional and knowing abuses and unauthorized uses of government property, that might be knowing conversions but which could not be reached as embezzlement, stealing or purloining. Knowing conversion adds significantly to the range of…