3. Crimes Against Property Flashcards
What is Theft by Taking in Georgia?
Theft by taking is:
1. The unlawful taking or appropriation of property;
2. with the intention of depriving the owner of the property.
The manner of taking or appropriation is of no moment.
What does ‘deprived’ mean under Georgia Theft law?
- The withholding of the property of another, either permanently or temporarily; or
- disposing of the property so it is unlikely that the owner will recover it.
What is Theft by Deception in Georgia?
obtaining property by deceitful means with intent to permanently deprive the owner.
How does a person intentionally deceive another person in Georgia?
By:
* creating or confirming false impressions of facts or events
* failing to correct these falsehoods
* hindering information acquisition about property disposition
* transferring property without disclosing significant legal issues
* promising services they don’t intend to perform or know won’t be performed.
What is Theft by Conversion in Georgia?
lawfully obtaining property but later converting it for personal use without permission.
What is Theft of Services in Georgia?
A person intentionally obtains services (e.g., labor, lodging, utilities) without paying.
What is Theft by Lost or Mislaid Property in Georgia?
Under Georgia law, it is a crime to appropriate property that has been lost or mislaid for one’s own use without taking reasonable measures to return the property to the owner.
What is the Defense of Claim of Right in Georgia?
In Georgia, a claim of right defense is valid if:
1. the defendant didn’t know the property or service belonged to someone else;
2. genuinely believed they had a right to it;
3. intended to pay for property or service on sale; or
4. believed the owner would consent.
What is a misdemeanor theft in Georgia?
If the value of the property that was subject to the theft was less than $1,500.
What is a felony theft for value of property between $1,500 and $5,000 in Georgia?
the defendant will be imprisoned for 1-5 years.
What is a felony theft for value of property between $5,000 and $25,000 in Georgia?
the defendant will be imprisoned for 1-10 years.
What is a felony theft for value of property greater than $25,000 in Georgia?
the defendant will be imprisoned for 2-20 years.
What is Robbery in Georgia?
Taking property from another person using:
- force
- intimidation; or
- sudden snatching.
Must include a fear of immediate serious bodily injury
What is Aggravated Robbery in Georgia?
Robbery committed with a deadly weapon or replica.
What is Check Fraud in Georgia?
Deposit account fraud happens when someone issues a payment instrument knowing it will not be honored.
What is Credit Fraud in Georgia?
Covers situations where a person uses a credit card, financial transaction card, or ATM to obtain property, money, or anything of value fraudulently.
What is Theft by Extortion in Georgia?
The accused must have used a threat to induce the victim to give up property.
The victim must have reasonably believed the threat could be carried out.
The intent must be to deprive the victim of their property.
What is First Degree Forgery in Georgia?
Creating or altering a written instrument to defraud.
What is Second Degree Forgery in Georgia?
Possessing a forged document with intent to use.
Third/Fourth Degree
Related to checks or government documents.
What is Burglary in Georgia?
Under Georgia law, burglary requires:
1. entering or remaining in a location with the intent to commit a felony or any theft;
2. without authority, eliminating the breaking requirement.
Home Invasion
Unauthorized enter another’s occupied dwelling with a deadly weapon and intent to commit forcible (1) felony for 1st degree or (2) misdemeanor for second degree.
What is Arson?
malicious(reckless disregard) burning of another’s property.
What is First Degree Arson in Georgia?
Maliciously burning a dwelling, vehicle, or business with intent to harm.
What is Second Degree Arson in Georgia?
Burning any structure other than a dwelling.
What is Third Degree Arson in Georgia?
Setting fire to personal property.
Criminal Trespass
Unauthorized entry onto another’s property.
Also includes damaging property worth $500 or less.
Misdemeanor offense.
Damage to Property(1st Degree-Misdemeanor)
Knowingly interfering with property in a manner that endangers human life or damages property intentionally.
Damage to Property(2nd Degree-Misdemeanor)
Recklessly or negligently damaging property.
Possession of Drugs
Control over contraband long enough for opportunity to cease control; need not know possession is illegal.
Firearms
ok to openly carry without license (1) on person, (2) on own property, care, or business, (3) or while shooting/hunting; ok to carry with license anywhere not probhitied; not ok at all (1)government building, court, jail, or mental institute, (2) within 150 foot of polling place, (3) nuclear power plant or (4) in church (unless church says ok)
