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From Flashcardlet > LD6 > Flashcards

LD6 Flashcards

1
Q

To arrest a subject for theft, the necessary crime elements include:
Code:

A 
 the taking and
 carrying away of
 personal property of another
 without consent
 with intent to permanently deprive the owner.
484
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2
Q

Property can include

A

money, labor, animals, crops, or real or personal items.

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3
Q

Real property means

A

land and immovable property, affixed to or growing from that land. It may be otherwise referred to as real estate.

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4
Q

Personal property includes

A

any movable object(s) owned by an individual; all property other than real estate.

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5
Q

Control is the ability

A

to exercise a restraining or directing influence over something. Theft requires that the property that is taken be under the control of the person it was stolen from, not necessarily the owner of the property and that control is transferred to the thief.

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6
Q

Grand theft, what$?

A

Property value exceeding $950 (Penal Code Section 487(a))
felony
487

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7
Q

Agricultural products, what$?

A

exceeding $250 (e.g., domestic fowl, fruit, nuts, vegetables, etc.) (Penal Code Section 487(b)(1)(A))
Aquacutural products exceeding $250 (e.g., fish, algae, etc.) (Penal Code Section 487(b)(1)(B)(2))

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8
Q

Property taken over a 12 consecutive month period, what$?

A

totaling $950 or more and taken by a servant, agent or employee of the owner (Penal Code Section 487(b)(1)(B) (3))
Property taken from the person of another only if greater than $950 (Penal Code Section 487(c))

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9
Q

Grand theft
Certain designated livestock regardless of the value (e.g., horses, cattle, sheep, etc.)
Motor vehicle$?
Firearm$?

A 
(Penal Code Section 487a(a))
487a(a)
Motor vehicles
Felony: greater than $950
Misdemeanor: $950 or less)
487(d)(1)
Firearms
Felony: greater than $950
Misdemeanor: $950 or less)
487(d)(2)
Petty theft
All other thefts not categorized as grand theft
misdemeanor
488
Petty theft with prior theft-related conviction and jail time
misdemeanor*
666
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10
Q

484

A
  1. (a) Every person who shall feloniously steal, take, carry,
    lead, or drive away the personal property of another, or who shall
    fraudulently appropriate property which has been entrusted to him or
    her, or who shall knowingly and designedly, by any false or
    fraudulent representation or pretense, defraud any other person of
    money, labor or real or personal property, or who causes or procures
    others to report falsely of his or her wealth or mercantile character
    and by thus imposing upon any person, obtains credit and thereby
    fraudulently gets or obtains possession of money, or property or
    obtains the labor or service of another, is guilty of theft. In
    determining the value of the property obtained, for the purposes of
    this section, the reasonable and fair market value shall be the test,
    and in determining the value of services received the contract price
    shall be the test. If there be no contract price, the reasonable and
    going wage for the service rendered shall govern. For the purposes
    of this section, any false or fraudulent representation or pretense
    made shall be treated as continuing, so as to cover any money,
    property or service received as a result thereof, and the complaint,
    information or indictment may charge that the crime was committed on
    any date during the particular period in question. The hiring of any
    additional employee or employees without advising each of them of
    every labor claim due and unpaid and every judgment that the employer
    has been unable to meet shall be prima facie evidence of intent to
    defraud.
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11
Q

487

A

Grand theft is theft committed in any of the following cases:
(a) When the money, labor, or real or personal property taken is of a value exceeding nine hundred fifty dollars ($950), except as provided in subdivision (b).
(b) Notwithstanding subdivision (a), grand theft is committed in any of the following cases:
(1) (A) When domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops are taken of a value exceeding two hundred fifty dollars ($250).
(B) For the purposes of establishing that the value of domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops under this paragraph exceeds two hundred fifty dollars ($250), that value may be shown by the presentation of credible evidence which establishes that on the day of the theft domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops of the same variety and weight exceeded two hundred fifty dollars ($250) in wholesale value.
(2) When fish, shellfish, mollusks, crustaceans, kelp, algae, or other aquacultural products are taken from a commercial or research operation which is producing that product, of a value exceeding two hundred fifty dollars ($250).
(3) Where the money, labor, or real or personal property is taken by a servant, agent, or employee from his or her principal or employer and aggregates nine hundred fifty dollars ($950) or more in any 12 consecutive month period.
(c) When the property is taken from the person of another.
(d) When the property taken is any of the following:
(1) An automobile.
(2) A firearm.

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12
Q

488

A

Theft in other cases is petty theft.

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13
Q

484e(a)

A

(a) Every person who, with intent to defraud, sells, transfers, or conveys, an access card, without the cardholder’s or issuer’s consent, is guilty of grand theft.
cardholder’s or issuer’s consent, with the intent to use it fraudulently, is guilty of grand theft.
(Repealed and added by Stats. 1998, Ch. 468, Sec. 9. Effective January 1, 1999.)

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14
Q

484e(b)

A

(b) Every person, other than the issuer, who within any consecutive 12-month period, acquires access cards issued in the names of four or more persons which he or she has reason to know were taken or retained under circumstances which constitute a violation of subdivision (a),

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15
Q

484e(d)

A

(d) Every person who acquires or retains possession of access card account information with respect to an access card validly issued to another person, without the cardholder’s or issuer’s consent, with the intent to use it fraudulently, is guilty of grand theft.
(Repealed and added by Stats. 1998, Ch. 468, Sec. 9. Effective January 1, 1999.)

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16
Q

484f(a)

A

(a) Every person who, with the intent to defraud, designs, makes, alters, or embosses a counterfeit access card or utters or otherwise attempts to use a counterfeit access card is guilty of forgery.

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17
Q

484f(b)

A

(b) A person other than the cardholder or a person authorized by him or her who, with the intent to defraud, signs the name of another or of a fictitious person to an access card, sales slip, sales draft, or instrument for the payment of money which evidences an access card transaction, is guilty of forgery.
(Repealed and added by Stats. 1998, Ch. 468, Sec. 11. Effective January 1, 1999.)

18
Q

484g

A

Every person who, with the intent to defraud, (a) uses, for the purpose of obtaining money, goods, services, or anything else of value, an access card or access card account information that has been altered, obtained, or retained in violation of Section 484e or 484f, or an access card which he or she knows is forged, expired, or revoked, or (b) obtains money, goods, services, or anything else of value by representing without the consent of the cardholder that he or she is the holder of an access card and the card has not in fact been issued, is guilty of theft. If the value of all money, goods, services, and other things of value obtained in violation of this section exceeds nine hundred fifty dollars ($950) in any consecutive six-month period, then the same shall constitute grand theft.

19
Q

484e(c)

A

(c) Every person who, with the intent to defraud, acquires or retains possession of an access card without the cardholder’s or issuer’s consent, with intent to use, sell, or transfer it to a person other than the cardholder or issuer is guilty of petty theft.

20
Q

484i(b)

A

(b) Every person who, with the intent to defraud, makes, alters, varies, changes, or modifies access card account information on any part of an access card, including information encoded in a magnetic stripe or other medium on the access card not directly readable by the human eye, or who authorizes or consents to alteration, variance, change, or modification of access card account information by another, in a manner that causes transactions initiated by that access card to be charged or billed to a person other than the cardholder to whom the access card was issued, is guilty of forgery.

21
Q

484i(c)

A

(c) Every person who designs, makes, possesses, or traffics in card making equipment or incomplete access cards with the intent that the equipment or cards be used to make counterfeit access cards, is punishable by imprisonment in a county jail for not more than one year, or by imprisonment pursuant to subdivision (h) of Section 1170.

22
Q

484j.

A

Any person who publishes the number or code of an existing, canceled, revoked, expired or nonexistent access card, personal identification number, computer password, access code, debit card number, bank account number, or the numbering or coding which is employed in the issuance of access cards, with the intent that it be used or with knowledge or reason to believe that it will be used to avoid the payment of any lawful charge, or with intent to defraud or aid another in defrauding, is guilty of a misdemeanor. As used in this section, “publishes” means the communication of information to any one or more persons, either orally, in person or by telephone, radio or television, or on a computer network or computer bulletin board, or in a writing of any kind, including without limitation a letter or memorandum, circular or handbill, newspaper or magazine article, or book.

23
Q

484i.(a)

A

Every person who possesses an incomplete access card, with intent to complete it without the consent of the issuer, is guilty of a misdemeanor.

24
Q

To arrest a subject for vehicle theft (felony), the necessary crime elements include:

A

 the driving or taking of
 a vehicle not the person’s own
 without consent
 with intent to temporarily or permanently deprive the owner
 of title or possession of such vehicle.

25
Q

To arrest a subject for defrauding an innkeeper (537), the necessary crime elements include:

A

 the obtaining of
 food, services, or accommodations
 at a designated facility without paying
 with intent to defraud the proprietor or manager.

26
Q

To arrest a subject for burglary (459), the necessary crime elements include:

A 
 the entry to a building or specified structure
 with the intent to commit
 theft or any felony.
BIF
Entry does not need to be forced
27
Q

460

A

(a) Every burglary of an inhabited dwelling house, vessel, as defined in the Harbors and Navigation Code, which is inhabited and designed for habitation, floating home, as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, or trailer coach, as defined by the Vehicle Code, or the inhabited portion of any other building, is burglary of the first degree.
(b) All other kinds of burglary are of the second degree.
(c) This section shall not be construed to supersede or affect Section 464 of the Penal Code.x

28
Q

To arrest a subject for shoplifting (459.5), the necessary crime elements include:

A

 the entry to a commercial establishment
 with the intent to commit larceny
 during regular business hours
 the value of the property to be taken or intended to be does not exceed $950….Any other entry into a commercial establishment with intent to commit larceny is burglary.

29
Q

466

A

Every person having upon him or her in his or her possession a picklock, crow, keybit, crowbar, screwdriver, vise grip pliers, water-pump pliers, slidehammer, slim jim, tension bar, lock pick gun, tubular lock pick, bump key, floor-safe door puller, master key, ceramic or porcelain spark plug chips or pieces, or other instrument or tool with intent feloniously to break or enter into any building, railroad car, aircraft, or vessel, trailer coach, or vehicle as defined in the Vehicle Code, or who shall knowingly make or alter, or shall attempt to make or alter, any key or other instrument named above so that the same will fit or open the lock of a building, railroad car, aircraft, vessel, trailer coach, or vehicle as defined in the Vehicle Code, without being requested to do so by some person having the right to open the same, or who shall make, alter, or repair any instrument or thing, knowing or having reason to believe that it is intended to be used in committing a misdemeanor or felony, is guilty of a misdemeanor. Any of the structures mentioned in Section 459 shall be deemed to be a building within the meaning of this section.

30
Q

To arrest a subject for possession of burglary tools(466), the necessary crime elements include:

A

 the possession of certain tools
 knowingly making, altering, or attempting to make a key or other instrument to fit or open the lock of a building without legal request
 with the intent to break or enter into any specified structure
 for the purpose of committing any misdemeanor or felony

31
Q

Burglars can be characterized in three general categories based on the skills required, the types of buildings or structures entered, or types of property stolen.

A

Juvenile, Amateur, Professional
J
A
P

32
Q

Modus operandi (Burg)

A

The crime of burglary is often considered predominantly a serial crime committed by individuals who use consistent methods based on their skills, experience, and needs. For this reason, by attempting to identify a specific modus operandi, or mode of operation (MO), officers may be able to link a suspect to a particular crime scene.

33
Q

To arrest a subject for possessing or receiving personal property with altered serial numbers or identification marks (537e), the necessary crime elements include:

A

 any person who knowingly buys, sells, receives, disposes of, conceals, or has in possession
 any personal property
 from which the manufacturer’s serial number or any other distinguishing number or identification mark has been removed, defaced, covered, altered, or destroyed.

34
Q

To arrest a subject for receiving stolen property (496(a)), the necessary crime elements are:

A

 every person who knowingly
 buys, receives, conceals, sells, withholds, or
 aids in concealing, selling or withholding,
 any property obtained by theft or extortion.
NOTE: If the person in possession of the stolen property is the thief, the correct charge is theft.

35
Q

To arrest a subject for forgery (470), the necessary crime elements include:

A

 the intent to defraud,
 make, utter, publish, pass, or attempt to pass
 an altered, forged, or counterfeit document or seal or
 signs an unauthorized or fictitious name.

36
Q

To arrest a subject for arson(451), the necessary crime elements include:

A

 willfully and maliciously
 sets fire to or burns or causes to be burned or
 aids, counsels, or procures the burning of
 any structure, forestland, or property.

37
Q

To arrest a subject for unlawfully causing a fire (452(d)), the necessary crime elements include:

A

 any person who recklessly sets fire to or burns or causes to be burned,
 any structure, forestland, or property.

38
Q

To arrest a subject for possession of flammable or combustible material (453(a)), the necessary crime elements include:

A

 possession or manufacture or disposal of a flammable or combustible material or substance, or any incendiary device in an arrangement or preparation
 with intent to willfully and maliciously use such material, substance, or device
 to set fire to or burn any structure, forestland, or property.

39
Q

To arrest a subject for unauthorized entry (602.5) of property the necessary crime elements include:

A

 any person, other than a public officer or employee acting within the course and scope of employment
 who enters or remains
 in a noncommercial dwelling house, apartment, or other such place
 without consent of the owner, owner’s agent, or person in lawful possession

40
Q

To arrest a subject for trespass (entering and occupying real property) (602m), the necessary crime elements include:

A

 any person who enters and occupies
 real property or structures of any kind
 without consent of the owner, the owner’s agent, or the person in lawful possession
 refusing to leave upon request

41
Q

To arrest a subject for trespass (entering land)(602k), the necessary crime elements include:

A

 any person who enters any land, whether unenclosed or enclosed by fence,
 for the purpose of injuring any property or property rights or
 interfering with, obstructing, or injuring any lawful business or occupation
 carried on by the owner of the land, the owner’s agent, or by the person in lawful possession.

misdemeanor

42
Q

To arrest a subject for vandalism(494), the necessary crime elements include:

A

 malicious intent
 to deface, damage, or destroy with graffiti or other inscribed material
 personal or real property
 not their own
NOTE: Community property can be the subject of vandalism
M≤400

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