Chapter 39: Theft and Related Offenses Flashcards Preview

Crimes Code > Chapter 39: Theft and Related Offenses > Flashcards

Flashcards in Chapter 39: Theft and Related Offenses Deck (19):
3

-intentionally

-receives, retains, or disposes of movable property of another

-knowing/believing that it has probably been stolen (unless w/ intent to restore it to the owner)

Receiving= aquiring possession, control, or title, or lending on the security of the property

3925: Receiving Stolen Property

Graded as a theft offense

4

-Intentionally obtains/withholds property of another, threatening to:

  • commit a criminal offense
  • accuse anyone of a crimal offense
  • expose any secret tending to subject one to hate, contempt, ridicule
  • take/withhold action as an official
  • cause a strike, boycott, collective unoffical action, if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act
  • testify/provide info, or withhold such info w/ respect to a legal claim or defense of another
  • inflict any other harm which would not benefit the actor

3923: Theft by Extortion

 

Graded as a theft offense

42

-operates the automobile, airplane, motorcycle, motorboat, or other motor propelled vehicle of another

-w/o consent of owner

 

 

3928: Unauthorized use of automobiles and other vehicles

M.2

F.2= if committed during a manmade/narutal/war caused disaster

 

**defense= actor reasonably believed the owner would have consented to the operation had he known of it

43

-organizes, coordinates, controls, supervises, finances or manages

-any of the activites of an organized retail theft ring

3929.3: Organized Retail Theft

F.3= value of merchandise at least $5,000 but not more than $19,999

F.2= value is $20,000 or more

50

-person who comes into control of property that he knows to have been lost, mislaid, or delivered under a mistake as to the nature/amount of the property or identity of the receipient

-w/ the intent to deprive the owner thereof

-fails to take reasonable measures to restore the property to a person entitled to have it

3924: Theft of property lost, mislaid, or delivered by mistake

Graded as a theft offense

65

-publicly presents for profit w/o consent of the author

-any unpublished dramatic play or musical composition

3931: Theft of Unpublished dramas and musical compositions

Graded as a theft

75

-Takes possession of, transfers, or carries away any merchandise offered for sale by a retail establishment w/ intent of depriving merchant; w/o paying the full retail value

-Alters, transfers, or removes any price tagging AND attempts to purchase merch. at less than retail value

-Transferes any merchandise to another container w/ intent to depreive retailer of full retail value

-"under-rings" w/ intent to deprive retailer of retail value

-Destroys, removes, or renders inoperable, any security device w/ intent to deprive merchant

3929: Retail Theft

S= 1st offense; value is less than $150

M.2= 2nd offense; value is less than $150

M.1= 1st or 2nd offense; value is more than $150

F.3= 3rd or subsequent offense (regardless of value); value exceedes $2,000; merchandise is a firearm or motor vehicle

F.2= committed during a man-made/natural/war disaster

 

*** There is NO M.3 retail theft; 16y/o or older gets fingerprinted, even in summary cases

77

-unlawfully takes or exercises control over movable property of another w/ intent to deprive him thereof; OR

-unlawfully takes or exercises control over immovable property of another or interest therein

-w/ intent to benefit himself, or another not entitles thereto

3921: Theft by unlawful taking or disposition

Graded as a theft offense

78

-unlawfully takes/attempts to take possession of, carries away, or exercises unlawful control over

-any movable property of another from a motor vehicle

-w/ intent to deprive him thereof

3934: Theft from a Motor Vehicle

M.3= value is less than $50

M.2= value is $50 or more, but less than $200

M.1= value is greater than $200

F.3= 3rd or subsequent offense in a 5year period; regardless of value

115

THEFT OFFENSE GRADING [3903(a.1)]

F.3

-amount exceeds $2,000

-property stolen is an automobile, airplane, motorcycle, motor boat, or other motor-propelled vehcile

-in cases of (3925) Receiving Stolen Property: if the receiever is in the business of buying/selling stolen property

116

THEFT OFFENSE GRADING (3903a)

F.2

-committed during a manmade/natural/war caused disaster AND constitutes a violation of:

  • (3921) Theft by unlawul taking or disposition
  • (3925) Receiveing stolen property
  • (3928) Unauth. use of auto or other vehicles
  • (3929) Retail theft

-property stolen is a firearm

-any amount of anhydrous ammonia

117

THEFT OFFENSE GRADING [3903(b)]

if property was taken from the person, or in breach of fiduciary duty- amount is irrelevant

M.3= amount is less than $50

M.2= amount is $50 or more, but less than $200

M.1= more than $200

 

**when amount cannot be ascertained, value is deemed to be less than $50

118

THEFT OFFENSE GRADING (3903 a.2)

F.1

in the case of theft by receiving stolen property, the property received, retained or disposed of is a firearm AND the receiver is in the business of buying or selling stolen property.

119

-Knowingly

-Posseses, manufs., sells, or distributes

-a theft detection sheilding device

3929.2: Unlawful possession of retail or library theft instuments

M.1

120

Theft of Services Grading

S= Less than $50 value

 **otherwise, values of $50 or more, graded as a regular theft

**values may be aggregated when the theft constitutes a course of conduct

121

obtains property upon agreement, or subject to a known legal obligation, to make specified payments or other disposition, intentionally deals with the property obtained as his own and fails to make the required payment or disposition.

3927: Theft by failure to make required disposition of funds received.

 

  **Graded as a theft offense

122

(1) by force or violence or by putting him in
fear takes from any article representing a trade secret

(2) willfully and maliciously enters any building or other structure with intent to obtain unlawful possession of, or access to, an article representing a trade secret

(3) willfully and maliciously accesses any computer, computer network or computer system, whether in person or electronically, with the intent to obtain unlawful possession of, or access to, an article representing a trade secret

3930(a): Theft of Trade Secrets

F.2

123

with intent to wrongfully deprive of, or withhold from the owner, the control of a trade secret, or with intent to wrongfully appropriate a trade secret for his use, or for the use of another:


(1) unlawfully obtains possession of, or access
to, an article representing a trade secret; or


(2) having lawfully obtained possession of an
article representing a trade secret, or access
thereto, converts such article to his own use or
that of another person, while having possession
thereof or access thereto makes, or causes to be
made, a copy of such article, or exhibits such
article to another.

3930: Theft of Trade Secrets

F.3

124

Person who obtains personal property under an agreement for the lease or rental of the property and intentionally deals with the property as his own

**Fails to return property within __ days after a written demand to return the property is delivered.

3932: Theft of Leased Property

Graded as a theft

 

** Seven days