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Flashcards in Unit 6 Deck (22):

Theft can be divided into _______, which is a felony charge for thefts of property worth more than a statutorily determined amount of money; and _____ or______, which is a misdemeanor charge for thefts of property worth less than the minimum required for the former.

grand theft, petit or petty theft 294


Larceny has 4 elements:

1. The taking and carrying away.
2. Of the property of another.
3. Without consent.
4. And with the purpose of stealing or permanently depriving the owner of possession. 295


_______ is a statutory offense of taking property from the person of another; the penalty is usually greater that for simple larceny.

larceny from a person 296


Shoplifting requires 3 essential elements:

1. willful taking of possession of merchandise of another
2. without consent of the seller
3. with the intention of converting the goods and without paying for the goods. 298


to prevent thieves from claiming things they stole were abandoned property; the courts require a finder to return abandoned property under any of these 3 conditions:

1. the owner of the property can be identified
2. the item can be easily given back to the owner
3. the item has substantial value 298


________ is the unlawful taking or misuse of property by persons, typically ______, who lawfully come into possession of the property and therefore do not meet the theft or larceny requirement of wrongfully obtaining the property.

Embezzlement, employees 299


_______ is the key element of embezzlement. _______ is the wrongful misuse or taking of another's property that has been entrusted to the accused.

misappropriation, misappropriation 299


The crime of ________ involves the owner's being tricked by misrepresentation into voluntarily transferring title to the property.

false pretenses 301


____ means acquiring goods or property that has been stolen. A "_____" is a professional receiver of stolen property.

receiving, fence 301


receiving stolen property has 3 essential elements:

1. the accused bought, received, or otherwise came into possession of the property
2. the property was stolen
3. at the time of possession of the property, the accused knew the property had been stolen. 301


________ is a relationship between the defendant and the stolen goods such that it is reasonable to treat the extent of the defendant's dominion and control over the property as if it were actual possession.

constructive possession 302


the felonious taking of property valued above a set monetary amount, or the theft of a motor vehicle, is termed ___________.

grand theft 294


a crime defined by a specific theft statute to address thefts of merchandise, concealment of merchandise, altering of price tags, and retail theft is __________

shoplifting 298


The common law crime of _______ is the gaining of property by threat of physical harm to a person or property by a public official under color of his or her office. The 5 elements are:


1. seeking of an unlawful fee
2. by a public officer,
3. collected under color of office,
4. where the fee is actually received, and
5. where the fee was taken corruptly 303


The crime of _____ is a threat by a private citizen seeking "hush money" payment to remain silent about a crime or a shameful act. Today this crime is labeled ______ in many jurisdictions.

blackmail, extortion 305


The crime of ______ is a payment by a person to a public official in order to gain an advantage that the person is not otherwise entitled to, in which case both parties are guilty of the crime.

bribery 305


A person commits _______ who, with intent to defraud makes or utters a written instrument in such a manner that it purports to have been made: by another person, at another time, with different provisions, or by authority of one who did not give authority.

forgery 306


the subject matter of forgery under the law is most jurisdictions must be a _______; therefore, contrary to popular belief, there cannot be a forgery of an object such as a work of art.

writing 306


a person who merely has forged a writing in his or her possession is _____ guilty until.......

he or she "utters" it, or attempts to pass it off.


_______ occurs when presenting a forged writing and attempting to use it to deceive or cheat.

Uttering 306


If a writing is full of false statements, the author is not guilty of ____ but instead guilty of _______.

forgery, fraudulent making 306


In contrast, if a document is full of truths but is signed by a person using another person's name without permission, the writing is a ______.

forgery 306