Theft Flashcards
(9 cards)
Elements of larceny
the intent to permanently deprive of another’s belongings illegally by tresspassing
permanently depriving could mean:
1) destroying the item
2) keeping the item
3) using the item
4) selling the item
What is Embezzlement
penal code 504 Having legal access to the item but then later using it, destroying it or selling it
(Eg. A cashier taking money from a register even though they legally are able to have access but not able to take it)
What is false pretenses
Penal code 532 states: A crime that involves obtaining ownership through deceiving the previous and rightful owner
(Eg. Tricking the plaintiff that you will buy them something with their money but not buying anything and keeping it)
What is Robbery
Under penal code 211 it is Larceny with lethal force
(Eg. Stealing at gunpoint)
Extortion
Under Penal code 518
Extortion is a crime where one steals the rightful owners item and ransoms it (eg. blackmailing)
What is Forgery
Under penal code 470
Making or altering a writing to be false wit the intent to defraud
(Eg. signing someone else’s name on a check)
What is Arson?
Penal code 451
The D has the intent of malice by burning an item of the owner.
What is burglary
Under penal code section 459
It involves unlawful entry into a building with the intent to commit a crime inside
(Intent means if they don’t do the crime they were going to do, they will still get charged)
What is shoplifting
Under Penal Code 459.5
Shoplifting occurs when a person enters a commercial establishment during business hours and steals a item worth $950 or less