Chapter 13 Powerpoint pt. 3 Flashcards

1
Q

Some states combined _______, ___________, and ______ _________ into a single theft statute.

A

larceny
embezzlement
false pretenses

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2
Q

_______, ________, and theft of service count as theft.

A

Blackmail

extortion

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3
Q

Blackmail, extortion, and _____ __ _______ count as theft.

A

theft of service

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4
Q

_____ was used to streamline the judicial process.

A

Theft

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5
Q

Theft of a person’s name and identifying information, including?

A

(1) social security number
(2) bank account information
(3) credit card number(s)

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6
Q

What kind of theft is this: Theft of your name and identifying information?

A

Identify Theft

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7
Q

In 1998 the U.S. Congress passed the ______ ____ and _________ _________ Act.

A

Identity Theft

Assumption Deterrence

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8
Q

In _____ the U.S. Congress passed the Identity Theft and Assumption Deterrence Act.

A

1998

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9
Q

True or False: sending SPAM constitutes as computer crime

A

True

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10
Q

True or False: There is no such offense [receiving stolen property] under common law.

A

True

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11
Q

Receiving stolen property is punished as a ___________ or ______ depending on the value of the property.

A

misdemeanor

felony

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12
Q

What are the requirements for being held liable for receiving stolen property?

A

(1) Receive property
(2) Knowing the property was stolen
(3) With the intent to permanently deprive the owner of the property

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13
Q

What is the actus reus of receiving stolen property?

A

Individual must control the stolen property (either actual or constructive possession)

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14
Q

Some states require actual _________ that the goods are stolen while others provide that it is sufficient that an individual _______ that the goods are stolen

A

knowledge

believe

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15
Q

Originally, _______ was enforced against those who used the king’s _____ without permission.

A

forging

seal

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16
Q

What is the difference between forgery and uttering?

A

1) Forgery – creating a false legal document or the material modification of an existing legal document with the intent to deceive or to defraud others
2) Uttering – circulating or using a forged document

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17
Q

What are the elements of establishing forgery?

A

(1) False document or material modification of an existing document that is
(2) Written with intent to defraud
(3) If genuine, would have legal significance

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18
Q

What is the actus reus of forgery?

A

falsely making or materially altering an existing document

19
Q

What is the mens rea of forgery?

A

intent to defraud (need not be directed against a specific individual)

20
Q

_________ is the creation of false objects with the purpose to defraud.

A

Simulation

21
Q

_________ _______ from an individual with the use of violence of intimidation.

A

Aggravated larceny

22
Q

Aggravated larceny from an individual with the use of _______ of __________.

A

violence

intimidation

23
Q

In order to be considered ______, property must be taken directly from the victim’s person or presence by means of violence or intimidation.

24
Q

In order to be considered robbery, property must be taken directly from the victim’s person or presence by means of _________ or __________.

A

violence

intimidation

25
The _______ or __________ [of robbery] must coincide with the taking of the ________.
violence intimidation property
26
__________ _______ can be used when it involves using a dangerous weapon, inflicting serious bodily injury, or having an accomplice.
Aggravated Robbery
27
Aggravated Robbery can be used when it involves using a _________ _______, inflicting serious _______ _______, or having an __________.
dangerous weapon bodily injury accomplice
28
In order to constitute robbery, personal property must be taken from the victim’s ______ or ________.
person | presence
29
Model Penal Code provides that robbery requires ______ ______ ______.
serious bodily injury
30
______ _____ _____ provides that robbery requires serious bodily injury.
Model Penal Code
31
Property may also be seized as a result of __________ or the _____ of immediate infliction of ________.
intimidation fear violence
32
How do modern statutes determine the severity of robbery?
Simple and aggravated robbery – based on degree of dangerousness caused by perpetrator and fear experienced by victim
33
What are the aggravating factors when it comes to robbery?
(1) Use of dangerous or deadly weapon or warning the victim that robber possessed a firearm (2) Dangerous instruments such as knife, hammer, axe, or aggressive animal (3) Infliction of serious bodily injury (4) Robbery carried out theft with an accomplice
34
Carjacking is a form of _______.
robbery
35
Carjacking usually must be accomplished by “_____ or ____.”
force | fear
36
True or False: When it comes to carjacking the defendant need not intend to permanently seize the car.
True
37
_________ is a newly recognized form of property crime that is punished under both federal and state statutes.
Carjacking
38
Carjacking is a newly recognized form of property crime that is punished under both ______ and _____ statutes.
federal | state
39
True or False: When it comes to carjacking the vehicle must actually be moved
False; It is not required that the automobile be moved
40
The common law described _______ as the unlawful collection of money by a government official.
extortion
41
The _______ ____ described extortion as the unlawful collection of money by a government official.
common law
42
Extortion is complete when the threat is made but some states require handing over ______, ________, or _______ _____ in response to the threat.
money property valuable items
43
True or False: It is a crime for offering as well as accepting a bribe
True