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Session 8 > PL- Session 8- Theft Offenses > Flashcards

PL- Session 8- Theft Offenses Flashcards

(52 cards)

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1
Q

What is Larceny?

A

The STEALING OF PROPERTY

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2
Q

What constitutes STEALING?

A

Occurs when someone with intent to deprive another of property or to appropriate it for himself or a third person wrongfully obtains or witholds property

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3
Q

Define PROPERTY in the context of Larceny.

A

Includes:
* MONEY
* PERSONAL PROPERTY
* EVIDENCE OF DEBT
* COMPUTER DATA/PROGRAM
* THING IN ACTION
* ANY ARTICLE, SUBSTANCE, OR THING OF VALUE

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4
Q

What does OBTAIN mean in the context of Larceny?

A

To bring about a transfer of property or a legal interest therein

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5
Q

What does DEPRIVE mean?

A

To withhold permanently or for an extended period so that economic value is lost

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6
Q

What does APPROPRIATE mean?

A

To exercise control over property permanently or for an extended period for economic benefit

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7
Q

List ways of committing Larceny.

A
  • TRESPASSORY TAKING
  • TRICK
  • EMBEZZLEMENT
  • FALSE PRETENSES
  • ACQUIRING LOST PROPERTY
  • ISSUING A BAD CHECK
  • FALSE PROMISE
  • EXTORTION
  • WAGE THEFT
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8
Q

What is FALSE PROMISE in Larceny?

A

Occurs when a person, pursuant to a scheme to defraud, obtains property by misrepresenting future conduct

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9
Q

True or False: A FALSE PROMISE can be inferred from the fact alone that the promise was not performed.

A

False

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10
Q

What constitutes Larceny by EXTORTION?

A

Compels delivery of property by instilling fear of physical injury or other threats by themselves or a third person

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11
Q

What are the three factors determining the seriousness of a Larceny?

A
  • The value of the property taken
  • The nature of the property taken
  • The manner in which the property was taken
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12
Q

What constitutes larceny by extortion?

A

Threats to:
* CAUSE FUTURE P.I.
* CAUSE PROPERTY DAMAGE
* USE OR ABUSE HIS POSITION AS A PUBLIC SERVANT
Above offenses are considered serious threats and constitute Grand Larceny 2nd
* ENGAGE IN A CRIME
* EXPOSE A SECRET (true or not)
* CAUSE AN UNLAWFUL STRIKE OR BOYCOTT
* TESTIFY OR WITHHOLD TESTIMONY
* ANY OTHER ACT CALCULATED TO HARM, ETC.

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13
Q

What constitutes Petit Larceny?

A

Stealing property valued at $1,000 or less

A Misd

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14
Q

What constitutes Grand Larceny 4th?

A

Utilizes code: C-C G-R-A-P-E-S R-A-M
Steals any of the following:
C = CREDIT/DEBIT CARD
C = CAR - motor vehicle M.T. $100 (not a motorcycle)

G = GUN (firearms, rifles, shotguns)
R = RECORD (public record)
A = AMOUNT - M.T. $1,000
P = PERSON (from the person)
E = EXTORTION
S = SECRET SCIENTIFIC MATERIAL

R = RELIGIOUS ARTICLE AT LEAST $100
A = ACCESS DEVICE (not a public benefit card , MTA works)
M = METHAMPHETAMINE PRECURSORS (liquefied ammonia gas or anhydrous ammonia)

E Felony

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15
Q

What constitutes Grand Larceny 3rd?

A
  • Steals more than $3,000
  • Steals ATM or its contents
  • Theft of commercial real property (Deed)

D Felony

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16
Q

What constitutes Grand Larceny 2nd?

A
  • Steal M.T. $50,000
    OR
  • The “SERIOUS” extortion threats of
    – Future P.I.
    – Property damage
    – Use/abuse position as public servant
    OR
  • Deed theft of real property that is
    – Residential
    – Commercial mixed-use with residential
    – More than one (1) commercial property.

C Felony

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17
Q

What constitutes Grand Larceny 1st?

A
  • Steal property valued at $1,000,000
    or
  • Deed theft of real property that is:
    – Occupied home
    – Home owned by elderly/ incompetent, incapacitated, disabled
    – Three or more properties

B Felony

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18
Q

What is an affirmative defense in Larceny by Embezzlement?

A

Property was taken under a claim of right made in good faith

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19
Q

How is the value of property generally determined?

A
  • Market value
  • Replacement cost
  • If not determinable, less than $250
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20
Q

What constitutes Unauthorized Use of a Computer?

A

Knowingly use or access a computer, computer service, computer network without authorization

A Misd

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21
Q

What constitutes Computer Trespass?

Study These Flashcards
A
  • Knowingly use or access a computer, computer service, computer network without authorization
    AND
  • Intend to commit or attempt a felony
  • Knowingly gain access to computer material

E Felony

22
Q

What constitutes Computer Tampering 4th?

Study These Flashcards
A
  • Knowingly use or access a computer, computer service, computer network without authorization
    AND
  • Intentionally alter or destroy data or program of another

A Misd

23
Q

What constitutes Computer Tampering 3rd?

Study These Flashcards
A
  • Knowingly use or access a computer, computer service, computer network without authorization
    AND
  • Intentionally alter or destroy data or program of another
    AND ANY 1 OF THE FOLLLOWING
    1. Intend/commit felony
    2. Previous Article 156 or Theft of Services conviction involving a computer service
    3. Alter/destroy computer material
    4. Cause M.T. $1,000 damage
    5. Alter, etc. COVID-19 VAX status.

E Felony

24
Q

What constitutes Computer Tampering 2nd?

Study These Flashcards
A
  • Knowingly use or access a computer, computer service, computer network without authorization
    AND
  • Cause more than $3,000 damage

D Felony

25
What constitutes Computer Tampering 1st?
* Knowingly use or access a computer, computer service, computer network without authorization **AND** * Cause more than $50,000 damage | C Felony
26
What is the affirmative defense for Computer Tampering offenses
Belief that the defendant had reasonable grounds to believe he had the right to alter/destroy the data/program.
27
What are the requirements for Unlawful Duplication of Computer Material 1st and 2nd
* **2nd**: Having no right to do so, copy, reproduce, or duplicate medical related computer material with intent to commit or further a crime. * **1st**: Having no right, copy, etc.: 1) Data/program and deprive/appropriate M.T. $2,500 2) Data/program intent to commit/attempt felony ## Footnote 2nd- B Misd 1st- E Felony
28
What constitutes Criminal Possession of Computer Related Material?
Knowing possession of data/program in violation of Unlawful Duplication 1st Degree with unlawful intent. | E Felony
29
What is the definition of Robbery?
The forcible stealing of property
30
What constitutes Robbery 3rd?
Forcible stealing of property | D Felony
31
What constitutes Robbery 2nd?
**Forcible stealing plus**: acronym M-A-I-D * Motor vehicle as proceeds * Aided by another **ACTUALLY** present * Injury to non-participant * Display of what appears to be a **gun** | C Felony
32
What constitutes Robbery 1st?
**Forcible stealing plus**: acronym A-I-D-S * Armed (with a deadly weapon) * Instrument (dangerous instrument used or threatened) * Display of what appears to be a **gun** * S.P.I to non participant | B Felony
33
What is an affirmative defense to ROBBERY 1ST DEGREE?
If the gun was not a loaded working gun and proven by preponderance of evidence | Charge would drop to Robbery 2nd
34
What does 'actual presence' mean in the context of robbery?
'Actual presence' refers to individuals who are physically present at the crime scene, as opposed to those whose presence is merely constructive. ## Footnote This distinction is crucial for determining whether an accomplice qualifies as an aggravating factor in robbery cases. Getaway driver who never comes in contact with victim is not actually present
35
What constitutes Unauthouthorized Use of a Vehicle 3rd?
* Take or use the vehicle of another without consent * Mechanic uses a vehicle for his own purpose or in gross deviation from agreed purpose * Gross deviation from a rental agreement For rental agreement all factors must be present: 1. Short term rental of vehicle (less than 15 days) 2. Retained possession 7 days beyond return date 3. Kept possession 2 days beyond receiving proper notice to return | A Misd ## Footnote Occurrs in circumstances such as using someones vehicle to sleep or have sex in
36
What constitutes Unauthouthorized Use of a Vehicle 1st?
Commit Unauthorized Use of a Vehicle 3rd **AND** Use the vehicle with intent to commit a Class A, B, C, or D Felony, or use it in immediate flight therefrom. | D Felony
37
What constitutes Theft of Services?
Stealing certain services: 1. Use stolen credit or debit card 2. Restaurant or hotel 3. Public transportation 4. Public utilities (cable under $100 is a violation) 5. Phone service (over $1,000 or prev conviction last 5 years is E felony) 6. Metered services 7. Entertainment venue (incl. ski lift, gondola, rope tow) (no prev. conviction is a violation) 8. Labor 9. Computer service 10. Barber shop, salon, beauty shop (no prev. conviction is a violation) ## Footnote Generally punishable as a Class A Misdemeanor, but under certain circumstances is punishable as a Class E Felony or a Violation.
38
What constitutes Unlawful Use of a Credit Card, Debit Card or Public Benefit Card?
Obtaining or attempting to obtain property or a service through the use of a **REVOKED OR CANCELLED** credit or debit card | A Misd ## Footnote Note the difference between this charge and: Obtaining property with stolen card- Larceny Obtaining service with stolen card- Theft of service
39
What constitutes Jostling?
Intentionally or unnecessarily place your hand near the pocket or purse of another person or crowd an individual to aid a third person in doing the same | A Misd
40
What constitutes Fraudulent Accosting?
In public accosts, a person with intent to defraud them of money via a trick or game | A Misd
41
What constitutes fortune telling?
For a fee or compensation a person claims to tell fortunes | B Misd
42
What is Criminal Possession of Stolen Property (C.P.S.P.)?
Knowingly possessing stolen property with intent to benefit oneself or a third person, or to impede recovery by the owner. ## Footnote Prosecutions often fail due to overlooking the key elements of intent and knowledge.
43
What constitutes C.P.S.P. 5th?
Possesses stolen property valued at $1,000 or less. | A Misd ## Footnote This degree is classified as a misdemeanor.
44
What constitutes C.P.S.P. 4th?
Possesses stolen property with said property being: **M** = METHAMPHETAMINE PRECURSORS **C** = CREDIT, DEBIT OR PUBLIC BENEFIT CARD **C** = CAR (motor vehicle, not motorcycle) M.T. $100 **R** = RELIGIOUS ARTICLE **at least $100** **A** = AMOUNT **M.T. $1,000 up to $3,000** **P** = PAWNBROKER/COLLATERAL LOAN BROKER (should know since it is their profession) **GUN** = FIREARM, RIFLE, SHOTGUN | Acronym: M-C C-R-A-P G-U-N ## Footnote E Felony.
45
What constitutes C.P.S.P. 3rd?
Possess stolen property valued at more than $3,000 | D Felony
46
What constitutes C.P.S.P. 2nd?
Possess stolen property valued at more than $50,000 | C Felony
47
What constitutes C.P.S.P. 1st?
Possess stolen property valued at more than $1,000,000 | B Felony
48
What constitutes Fostering the Sale of Stolen Goods?
Offer for sale (digitally or physically) stolen or unlawfully obtained **retail goods** and knew or should have known the goods were stolen or unlawfully obtained. | A Misd (NEW OFFENSE 2024)
49
What constitutes Trademark Counterfeiting 3rd Degree?
Manufacturing, distributing, selling, or possessing goods with a counterfeit trademark with intent to: * Deceive or * Defraud or * Evade lawful restriction | A Misd ## Footnote This offense can apply even if the seller is upfront about the nature of the goods.
50
What constitutes Trademark Counterfeiting 2nd Degree?
Manufacturing, distributing, selling, or possessing goods with a counterfeit trademark with intent to: * Deceive or * Defraud or * Evade lawful restriction **AND** * Goods sold are valued at $1,000 or more. | E Felony
51
What constitutes Trademark Counterfeiting 1st Degree?
Manufacturing, distributing, selling, or possessing goods with a counterfeit trademark with intent to: * Deceive or * Defraud or * Evade lawful restriction **AND** * Goods sold are valued at $100,000 or more. | C Felony
52
What is the procedure regarding the seizure and destruction of counterfeit goods?
* Counterfeit goods may be seized by **any police officer** * The magistrate (judge with limited powers) must, **within 48 hours of arraignment** of the defendant, determine if R.C.T.B. exists that the goods are counterfeit * He will then authorize retention pending the disposition of the case * Upon conviction, the goods will be destroyed - **NO AUCTIONS OR SALES ARE PERMITTED.**

Session 8 (4 decks)

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