OF03: Theft

Question 1

What are the elements of theft by taking?

Answer 1

Dishonestly

Without claim of right

Takes

Any property

With intent to deprive any owner permanently of that property

Or with intent to deprive any owner permanently of any interest in that property

Question 2

What are the elements of theft by using or dealing?

Answer 2

Dishonestly

Without claim of right

Uses or deals with

Any property

With intent to deprive any owner permanently of that property

Or

With intent to private any owner permanently have any interest in that property

After obtaining position or control of that property in whatever manner

Question 3

What does dishonestly mean?

Answer 3

Without a belief that there was an express or implied consent to, authority for, the act or omission from a person entitled to give such consent or authority.

Question 4

What does claim of right mean?

Answer 4

At the time of the act, the person believed that they or someone else had a right to own or possess the property that is the subject of the offence.

Question 5

What is the definition of takes?

Answer 5

For tangible property, theft is committed when the offender moves the property or causes it to be moved. The slightest move is enough.

Question 6

What is the definition of users or deals with?

Answer 6

To use or deal with property, you must first gain position or control of the property and then begin to make decisions about the property as oh you were the owner.

Question 7

How long are the terms of imprisonment for theft?

Answer 7

$0 to $500: 3 months.

$500-$1000: 1 year.

$1000 plus: 7 years.