Chapter 10: Crimes Against Property: Larceny Flashcards
Larceny
The wrongful taking and carrying away of the personal goods of another from his/her possession with the intent to convert to their own use.
Two Main Elements for Larceny
- The trespassory taking and carrying away, the property of another without consent.
- With the intent to steal
Grand Larceny
A larger dollar amount / value
Petit Larceny
A dollar amount / value that is less than grand larceny
Elements of Embezzlement
- The accused was entrusted with the personal property of another person in a lawful manner.
- The accused fraudulently converted the property to his or her own use.
Elements for Receiving Stolen Property
- Someone receiving, concealing, possessing, purchasing, or transferring stolen property
- That person having knowledge that the property was stolen
Actual Possession
When someone has direct physical control of property
Constructive Possession
When someone has the ability to control property without that property being in their physical custody
Knowing Possession
When someone is aware of what they possess
Mere Possession
When someone may or may not be aware of what they possess
Forgery
The false making, materially altering, or uttering a writing that, if genuine, would either have legal efficacy or be the foundation of legal liability, with intent to defraud or prejudice the right of another
Types of Forgery
- The writing, making, signing, or alteration of a false written instrument.
- The passing, or attempted passing (uttering) of a false written instrument
Counterfeiting
Is the making of or altering some type of personal property, such as money, negotiable instruments or paintings which are not subject to a charge of forgery.
Identity theft
The unauthorized use of another persons’ individual identity to with the intent to fraudulently acquire money, goods, or services OR to avoid the payment of a debt OR to avoid criminal prosecution
According to the video about larceny, the term used for “taking and carrying away” is
Asportation