Chapter 13 Powerpoint pt. 3 Flashcards
Some states combined _______, ___________, and ______ _________ into a single theft statute.
larceny
embezzlement
false pretenses
_______, ________, and theft of service count as theft.
Blackmail
extortion
Blackmail, extortion, and _____ __ _______ count as theft.
theft of service
_____ was used to streamline the judicial process.
Theft
Theft of a person’s name and identifying information, including?
(1) social security number
(2) bank account information
(3) credit card number(s)
What kind of theft is this: Theft of your name and identifying information?
Identify Theft
In 1998 the U.S. Congress passed the ______ ____ and _________ _________ Act.
Identity Theft
Assumption Deterrence
In _____ the U.S. Congress passed the Identity Theft and Assumption Deterrence Act.
1998
True or False: sending SPAM constitutes as computer crime
True
True or False: There is no such offense [receiving stolen property] under common law.
True
Receiving stolen property is punished as a ___________ or ______ depending on the value of the property.
misdemeanor
felony
What are the requirements for being held liable for receiving stolen property?
(1) Receive property
(2) Knowing the property was stolen
(3) With the intent to permanently deprive the owner of the property
What is the actus reus of receiving stolen property?
Individual must control the stolen property (either actual or constructive possession)
Some states require actual _________ that the goods are stolen while others provide that it is sufficient that an individual _______ that the goods are stolen
knowledge
believe
Originally, _______ was enforced against those who used the king’s _____ without permission.
forging
seal
What is the difference between forgery and uttering?
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
What are the elements of establishing forgery?
(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
What is the actus reus of forgery?
falsely making or materially altering an existing document
What is the mens rea of forgery?
intent to defraud (need not be directed against a specific individual)
_________ is the creation of false objects with the purpose to defraud.
Simulation
_________ _______ from an individual with the use of violence of intimidation.
Aggravated larceny
Aggravated larceny from an individual with the use of _______ of __________.
violence
intimidation
In order to be considered ______, property must be taken directly from the victim’s person or presence by means of violence or intimidation.
robbery
In order to be considered robbery, property must be taken directly from the victim’s person or presence by means of _________ or __________.
violence
intimidation
The _______ or __________ [of robbery] must coincide with the taking of the ________.
violence
intimidation
property
__________ _______ can be used when it involves using a dangerous weapon, inflicting serious bodily injury, or having an accomplice.
Aggravated Robbery
Aggravated Robbery can be used when it involves using a _________ _______, inflicting serious _______ _______, or having an __________.
dangerous weapon
bodily injury
accomplice
In order to constitute robbery, personal property must be taken from the victim’s ______ or ________.
person
presence
Model Penal Code provides that robbery requires ______ ______ ______.
serious bodily injury
______ _____ _____ provides that robbery requires serious bodily injury.
Model Penal Code
Property may also be seized as a result of __________ or the _____ of immediate infliction of ________.
intimidation
fear
violence
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
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
Carjacking is a form of _______.
robbery
Carjacking usually must be accomplished by “_____ or ____.”
force
fear
True or False: When it comes to carjacking the defendant need not intend to permanently seize the car.
True
_________ is a newly recognized form of property crime that is punished under both federal and state statutes.
Carjacking
Carjacking is a newly recognized form of property crime that is punished under both ______ and _____ statutes.
federal
state
True or False: When it comes to carjacking the vehicle must actually be moved
False; It is not required that the automobile be moved
The common law described _______ as the unlawful collection of money by a government official.
extortion
The _______ ____ described extortion as the unlawful collection of money by a government official.
common law
Extortion is complete when the threat is made but some states require handing over ______, ________, or _______ _____ in response to the threat.
money
property
valuable items
True or False: It is a crime for offering as well as accepting a bribe
True
