Ch. 3 Theft Offenses & Fraudulent Practices (E3/FINAL) Flashcards
The limited right to use property within one’s care but little real discretion regarding how the property is exercised.
What is custody?
Why would a restaurant valet only have custody of a customer’s vehicle?
The valet is only tasked with parking a customer’s vehicle for them and nothing more unless otherwise specified by the vehicle’s owner (the customer)
The act of taking AND carrying away the personal property of another with intent to deprive of custody permanently.
What is larceny?
In larceny, acquiring physical custody of money or physical property.
What is actual taking?
In larceny, using an innocent 3rd party to take custody of money or personal property that the accused never physically touched.
What is constructive taking?
In larceny, this is the legal term for the actus reus of “carrying away.”
What is asportation?
In larceny, the physical moving (via touching) of money or personal property.
What is actual asportation?
In larceny, situations in which the accused causes an innocent 3rd party to move money or personal property for them.
What is constructive asportation?
Items with value not affixed to land or real estate.
What is personal property?
In larceny, this is personal property that must possess a concrete quality (i.e., capable of being physically touched).
What is tangible property?
In larceny, this is personal property with value but is not concrete (e.g., services).
What is intangible property?
What is the difference between personal property and real property?
Personal - not fixed to the ground
Real - fixed to the ground
Give an example of real property, and explain why it cannot be subjected to larceny.
Real estate because a house is fixed to the ground, and you cannot realistically carry a house away
What is the difference between grand larceny and petit (petty) larceny?
Grand - larceny of personal property exceeding a predetermined monetary value (typically $100)
Petit - larceny of personal property that does NOT exceed a predetermined monetary value (i.e., less than grand larceny)
With regards to larceny guidelines, these are items left behind intentionally and permanently.
What is abandoned property?
SCENARIO: You have been driving past the same dining room table that’s been sitting on the side of Highway 49 for the past 2 weeks. At the end of the 2nd week, you take that table home to refurbish it. The owner comes for it a few days later and finds that it is gone. Did you commit larceny? Why?
No, because you did not intend to permanently deprive the owner of the table. Any reasonable person would have assumed that table was abandoned property
What are the 3 off-shoots of larceny?
1) Unauthorized use
2) Receiving stolen property
3) Theft of services
In what way does “unauthorized use” not amount to larceny?
Unauthorized use is very temporary and does not live up to the larceny’s mens rea of “the intent to permanently deprive”
In what way does “receiving stolen goods” not amount to larceny?
Receiving stolen goods does not involve larceny’s actus reus of “taking” since the person receiving the goods did not take them
In what way does “theft of services” not amount to larceny?
Services are INTANGIBLE property, so theft of services does not live up to larceny’s attendant circumstance of “TANGIBLE, PERSONAL PROPERTY”
Discretion regarding the use of property within one’s control or care.
What is possession?
Regarding possession, this is the person (3rd party) who is entrusted with the personal property of others.
What is a surety?
The act of misappropriation OR conversion of the property of another with intent to deprive one of possession.
What is embezzlement?
One actus reus of embezzlement, referring to the unauthorized use of unconverted property.
What is misappropriation?
Another actus reus of embezzlement, referring to the transformation of property into something other than its original status.
What is conversion?
Possessing title to property.
What is ownership?
The act of using false representation with intent to acquire title of the personal property of another.
What is false pretenses?
What are the 3 types of false representation?
1) Creating a false impression
2) Reinforcing a false impression
3) Failure to correct (a false impression)
The creation OR alteration, with intent to defraud, of a document with apparent legal significance.
What is forgery?
Regarding an actus reus of forgery, the making/manufacture of a document.
What is creation?
Regarding another actus reus of forgery, the addition, deletion, or manipulation of an existing document.
What is alteration?
In reference to forgery, anything with writing on it.
What is a document?
For there to be forgery, a document must have “apparent legal significance.” What is another term for something having “apparent legal significance?”
Legal efficacy
Passing, with intent to defraud, a forged document.
What is uttering?
Regarding theft, what is the act of sneaking away property without permission called?
Stealth
Restitution requiring three times worth the property fraudulently acquired.
What are treble damages?
Does larceny deal with custody, possession, or ownership?
Custody
Does embezzlement deal with custody, possession, or ownership?
Possession
Do false pretenses deal with custody, possession, or ownership?
Ownership
