Theoretically the construction of legitimacy or border crime is admitted as a dynamic cultural result, able to feed off itself and with temporal and geographical boundaries. In this paper it is argued that the problem of criminal policy or design that marks the boundary between legal and illegal cannot circumscribe the penal and criminal procedure code, but requires: understanding crime as an illegitimate market keeping close relations with the legitimate as both exist in the communications space and the social construction of civilization and this is a result of cultural dynamics. Methodologically proceeded with: a theoretical discussion of these issues and statis tical modeling and reports from different agencies working in this field in Bogota, DC manage ment. The contrasting theory and evidence shed light on the problem is complex, the assump tions of economic motivations theories, among others are not met and is not easily solvable in a linear relationship expressed in the trinomial crime - delinquent - penalty. Your solution may be the anthropological and schemes proposed as solution game theory.