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CRIM 2024 > Chapter 25- Larceny > Flashcards

Chapter 25- Larceny Flashcards

1
Q

Three ways to engage in a larceny

A

Stealing
False Pretense
Embezzlement

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2
Q

Larceny by Stealing elements

A

Take and carry away, property of another, intent to permanently deprive

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3
Q

Larceny false pretense elements

A

Knowingly make false statement
- person relies on the false statement
-provides property or money based on statement

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4
Q

Larceny Embezzlement elements

A

Entrusted with property of another
- took, hid, converted to own
- with intent to permanently deprive

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5
Q

What is one element that is not included in false pretenses

A

no intent to permanently deprive needed

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6
Q

Three felonies for larceny

A

Firearm, over $1200, Trade Secret

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7
Q

ROA for all larcenies

A

up to $250 - in presence

over $250- WPC

Over $1200- Felony

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8
Q

Larceny against someone who is 60 or older or disabled ROA

A

over $250 is a felony

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9
Q

Is the value of an item an element of the crime?

A

No only provides arrest power, you dont need to prove actual value

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10
Q

Larceny by single scheme what do you consider when charging

A

The amount stolen throughout the scheme

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11
Q

Thefts that are no larcenies

A

Intellectual theft (plagarism)
- Using property or services without paying

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12
Q

Is using a landfill without paying larceny

A

No

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13
Q

Contractors not paying a subcontractor for work, larceny?

A

No

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14
Q

For larceny of property what must you prove

A

The property belongs to another, do not need to prove who it belongs to

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15
Q

One defense for larceny

A

Honestly believing you have a right to the property

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16
Q

What does mental ability have to do with larceny

A

Larceny occurs when person does not have the mental capacity to consent

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17
Q

What is the lowest threshold for larceny to occur

A

temporary custody of an item counts as larceny

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18
Q

Throwing clothes in a dumpster proves

A

intent to permanently deprive

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19
Q

Taking property with the intent to return it as a reward - good or no

A

Good- larceny

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20
Q

Stealing a container or truck means you steal the items located inside -

A

True

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21
Q

What is the heart of larceny by false pretenses

A

The lying - FALSE FACT IS KEY

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22
Q

A promise to complete a task is not larceny unless

A

You can prove the person never intended to do it

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23
Q

CL- Paying someone to do a job for you then they never show up

A

Larceny

24
Q

CL- Giving cash for a job to get done and the person does some but doesnt finish

A

CIVIL ISSUE

25
Q

Asking for a loan from a friend for a deal you need to make then using it to pay off loans

A

LFP

26
Q

Ponzi Scheme or pyramid scheme is considered

A

LFP and illegal lottery

27
Q

Accepting housing then allowing another to live there

A

LFP

28
Q

Which of the following is Larceny FP -
- Blatantly misreprensenting the price of land for collatral
- Stating your car is in good condition when its not

A

Price of land

29
Q

Selling a pick up truck to a disabled person for 6x the amount its worth

A

LFP

30
Q

Falsely stating credit, income, employment to secure a loan

A

LFP

31
Q

Obtaining property by trick, fortune telling, or cards

A

Larceny

32
Q

Grossly overcharging people and misrepresenting the work to be done

A

LFP

33
Q

Submitting a claim to one fund to get a loan for dead aunt to use for yourself

A

LFP

34
Q

Does willful blindness count as knowledge of telling a lie for LFP

A

Yes

35
Q

How must the lie be communicated

A

Oral, writing, directly or indirectly through an agent, accomplice OR INNOCENT AGENT

36
Q

Do you need to have a specific victim you are attempting to deceive

A

No as long as your intent is just to deceive someone

37
Q

What must be the key reason that the transaction occurred

A

The persons false statement

38
Q

Does making small payments back to someone after lying to them to get a loan nullify LFP

A

No

39
Q

Embezzlment covers both ___ and ____

A

Money and property

40
Q

Working at a bar and taking money from the proceeds

A

Embezzle

41
Q

Opening fake accounts and transferring clients money into your own account

A

Embezzle

42
Q

what is the venue for larceny

A

Any court who has jurisdiction over one larceny

43
Q

Attempted Larceny ROA

A

in presence BOP - regardless of value

44
Q

Suspect deposits a fake check into his account but the teller realizes and bounces the check - correct charge

A

Attempted Larceny

45
Q

Attempted Larceny requires three things

A

Specific intent to steal
overt act
Failure because interrupted or failed

46
Q

Police recovered goods - lost money with a value of ____ or stray beast must within _____ days

A

$3 - 2 days

47
Q

Within 2 Days police must do one of the following

A

Report it to the OIC of the closest Police station
- Place Ad in the newspaper
- Post in two public places (only if no police station nearby)

48
Q

An owner can get property or money back if they return within ____ and can get animal back within ___

A

One year - money or prop

3 months- animal

49
Q

if no one claims the items after _____ the items are returned to the finder

A

One year

50
Q

After three months of keeping a stray beast what may you do

A

Auction it off

51
Q

Before disposal of unclaimed property, police must provide public notice by

A

Post description in two places in the city or Ad in newspaper

52
Q

Unclaimed property may be auctioned off after _____ (time)

A

one month

53
Q

You must publish the auction in the newspaper for _____(Time)

A

3 weeks

54
Q

If owner arrives within ____ years after property auctioned it off they must be paid the proceeds

A

2

55
Q

Cash that is sent to general fund, if it is claimed within ____ year and ______ months they can get it back

A

2 & 2

56
Q
A

CRIM 2024 (17 decks)

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