Chapter 13 Powerpoint pt. 1 Flashcards
The 5th Amendment prohibits the taking of _______ without ____ ______ of law.
property
due process
The __th Amendment prohibits the taking of property without due process of law.
5th
Today, roughly ___ states have simplified the law by consolidating these various property crimes into a single theft statute.
30
Property crimes all involve the seizure of the property of another individual through either a _______ ______, _____, or ______.
wrongful taking
fraud
force
What constitutes as property crimes?
(1) Larceny
(2) Embezzlement
(3) False Pretenses
(4) Receiving Stolen Property
(5) Forgery and Uttering
(6) Robbery
(7) Extortion
Which type of property crime is this: At common law, the trespassory taking and carrying away of the personal property of another with the intent to permanently deprive that individual of the possession of the property?
larceny
Possession is different from _______, which is temporary and limited right to control property.
custody
__________ is different from custody, which is temporary and limited right to control property.
Possession
_________ __________ is the taking of property for use other than that intended when control is given to an individual.
Constructive possession
Taking and moving property is required for _______.
larceny
_______ and _______ property is required for larceny.
Taking
moving
Concurrence must exist between the taking and intent to deprive the owner for _______ to occur.
larceny
Concurrence must exist between the _______ and ______ to _______ the owner for larceny to occur.
taking
intent
deprive
___________ must exist between the taking and intent to deprive the owner for larceny to occur.
Concurrence
What determines the difference between grand and petty larceny?
The value of property taken.
Larceny by trick occurs when possession is obtained through _____________.
misrepresentation
Larceny= unlawful _______ and _______ _____ + intent to permanently deprive another of property
talking
carrying away
Larceny= unlawful talking and carrying away + ______ to permanently _______ another of property
intent
deprive
________= unlawful talking and carrying away + intent to permanently deprive another of property
Larceny
What is the difference between possession and custody?
Possession- physical control over property with the ability to freely use and enjoy the property.
Custody– temporary and limited right to control property.
True or False: Custody can be extended to employees
True
The Model Penal Code abandons the requirement of __________ and provides that a person is guilty of theft if he or she unlawfully takes, or exercises unlawful control over property.
asportation
The ______ ______ _____ abandons the requirement of asportation and provides that a person is guilty of theft if he or she unlawfully takes, or exercises unlawful control over property.
Model Penal Code
What did the common law define as property of another?
(1) Only tangible property was the subject of larceny
(2) Property not subject to larceny included services, real estate, crops attached to the land, and intangible property
True or False: All varieties of property are subject to larceny under modern statutes
True
True or False: Regardless if an owner no longer claims ownership, the property is still theirs and it would be illegal to try and take it
False; Property is abandoned when its owner no longer claims ownership
True or False: Lost property or property that is misplaced by the owner is subject to larceny when a defendant harbors the intent to steal at the moment that he or she seizes the property
True
How did the common law define grand larceny?
Grand Larceny – stealing of good worth more than twelvepence, the price of a single sheep
How do state statutes differentiate between grand and petit (petty) larceny?
(1) Grand Larceny – theft of property worth more than a specific dollar amount
(2) Petit Larceny – theft of property worth less than a specific dollar amount
