Flashcards in Chapter 13 Powerpoint pt. 1 Deck (29):
The 5th Amendment prohibits the taking of _______ without ____ ______ of law.
The __th Amendment prohibits the taking of property without due process of law.
Today, roughly ___ states have simplified the law by consolidating these various property crimes into a single theft statute.
Property crimes all involve the seizure of the property of another individual through either a _______ ______, _____, or ______.
What constitutes as property crimes?
(3) False Pretenses
(4) Receiving Stolen Property
(5) Forgery and Uttering
Which type of property crime is this: At common law, the trespassory taking and carrying away of the personal property of another with the intent to permanently deprive that individual of the possession of the property?
Possession is different from _______, which is temporary and limited right to control property.
__________ is different from custody, which is temporary and limited right to control property.
_________ __________ is the taking of property for use other than that intended when control is given to an individual.
Taking and moving property is required for _______.
_______ and _______ property is required for larceny.
Concurrence must exist between the taking and intent to deprive the owner for _______ to occur.
Concurrence must exist between the _______ and ______ to _______ the owner for larceny to occur.
___________ must exist between the taking and intent to deprive the owner for larceny to occur.
What determines the difference between grand and petty larceny?
The value of property taken.
Larceny by trick occurs when possession is obtained through _____________.
Larceny= unlawful _______ and _______ _____ + intent to permanently deprive another of property
Larceny= unlawful talking and carrying away + ______ to permanently _______ another of property
________= unlawful talking and carrying away + intent to permanently deprive another of property
What is the difference between possession and custody?
Possession- physical control over property with the ability to freely use and enjoy the property.
Custody– temporary and limited right to control property.
True or False: Custody can be extended to employees
The Model Penal Code abandons the requirement of __________ and provides that a person is guilty of theft if he or she unlawfully takes, or exercises unlawful control over property.
The ______ ______ _____ abandons the requirement of asportation and provides that a person is guilty of theft if he or she unlawfully takes, or exercises unlawful control over property.
Model Penal Code
What did the common law define as property of another?
(1) Only tangible property was the subject of larceny
(2) Property not subject to larceny included services, real estate, crops attached to the land, and intangible property
True or False: All varieties of property are subject to larceny under modern statutes
True or False: Regardless if an owner no longer claims ownership, the property is still theirs and it would be illegal to try and take it
False; Property is abandoned when its owner no longer claims ownership
True or False: Lost property or property that is misplaced by the owner is subject to larceny when a defendant harbors the intent to steal at the moment that he or she seizes the property
How did the common law define grand larceny?
Grand Larceny – stealing of good worth more than twelvepence, the price of a single sheep