Chapter 13 Powerpoint pt. 1

Question 1

The 5th Amendment prohibits the taking of _______ without ____ ______ of law.

Answer 1

property

due process

Question 2

The __th Amendment prohibits the taking of property without due process of law.

Answer 2

5th

Question 3

Today, roughly ___ states have simplified the law by consolidating these various property crimes into a single theft statute.

Answer 3

30

Question 4

Property crimes all involve the seizure of the property of another individual through either a _______ ______, _____, or ______.

Answer 4

wrongful taking
fraud
force

Question 5

What constitutes as property crimes?

Answer 5

(1) Larceny
(2) Embezzlement
(3) False Pretenses
(4) Receiving Stolen Property
(5) Forgery and Uttering
(6) Robbery
(7) Extortion

Question 6

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?

Answer 6

larceny

Question 7

Possession is different from _______, which is temporary and limited right to control property.

Answer 7

custody

Question 8

__________ is different from custody, which is temporary and limited right to control property.

Answer 8

Possession

Question 9

_________ __________ is the taking of property for use other than that intended when control is given to an individual.

Answer 9

Constructive possession

Question 10

Taking and moving property is required for _______.

Answer 10

larceny

Question 11

_______ and _______ property is required for larceny.

Answer 11

Taking

moving

Question 12

Concurrence must exist between the taking and intent to deprive the owner for _______ to occur.

Answer 12

larceny

Question 13

Concurrence must exist between the _______ and ______ to _______ the owner for larceny to occur.

Answer 13

taking
intent
deprive

Question 14

___________ must exist between the taking and intent to deprive the owner for larceny to occur.

Answer 14

Concurrence

Question 15

What determines the difference between grand and petty larceny?

Answer 15

The value of property taken.

Question 16

Larceny by trick occurs when possession is obtained through _____________.

Answer 16

misrepresentation

Question 17

Larceny= unlawful _______ and _______ _____ + intent to permanently deprive another of property

Answer 17

talking

carrying away

Question 18

Larceny= unlawful talking and carrying away + ______ to permanently _______ another of property

Answer 18

intent

deprive

Question 19

________= unlawful talking and carrying away + intent to permanently deprive another of property

Answer 19

Larceny

Question 20

What is the difference between possession and custody?

Answer 20

Possession- physical control over property with the ability to freely use and enjoy the property.
Custody– temporary and limited right to control property.

Question 21

True or False: Custody can be extended to employees

Answer 21

True

Question 22

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.

Answer 22

asportation

Question 23

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.

Answer 23

Model Penal Code

Question 24

What did the common law define as property of another?

Answer 24

(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

Question 25

True or False: All varieties of property are subject to larceny under modern statutes

Answer 25

True

Question 26

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

Answer 26

False; Property is abandoned when its owner no longer claims ownership

Question 27

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

Answer 27

True

Question 28

How did the common law define grand larceny?

Answer 28

Grand Larceny – stealing of good worth more than twelvepence, the price of a single sheep

Question 29

How do state statutes differentiate between grand and petit (petty) larceny?

Answer 29

(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