Chapter 39: Theft and Related Offenses Flashcards
- intentionally
- receives, retains, or disposes of movable property of another
- knowing/believing that it has probably been stolen (unless w/ intent to restore it to the owner)
Receiving= aquiring possession, control, or title, or lending on the security of the property
3925: Receiving Stolen Property
Graded as a theft offense
-Intentionally obtains/withholds property of another, threatening to:
- commit a criminal offense
- accuse anyone of a crimal offense
- expose any secret tending to subject one to hate, contempt, ridicule
- take/withhold action as an official
- cause a strike, boycott, collective unoffical action, if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act
- testify/provide info, or withhold such info w/ respect to a legal claim or defense of another
- inflict any other harm which would not benefit the actor
3923: Theft by Extortion
Graded as a theft offense
- operates the automobile, airplane, motorcycle, motorboat, or other motor propelled vehicle of another
- w/o consent of owner
3928: Unauthorized use of automobiles and other vehicles
M.2
F.2= if committed during a manmade/narutal/war caused disaster
**defense= actor reasonably believed the owner would have consented to the operation had he known of it
- organizes, coordinates, controls, supervises, finances or manages
- any of the activites of an organized retail theft ring
3929.3: Organized Retail Theft
F.3= value of merchandise at least $5,000 but not more than $19,999
F.2= value is $20,000 or more
- person who comes into control of property that he knows to have been lost, mislaid, or delivered under a mistake as to the nature/amount of the property or identity of the receipient
- w/ the intent to deprive the owner thereof
- fails to take reasonable measures to restore the property to a person entitled to have it
3924: Theft of property lost, mislaid, or delivered by mistake
Graded as a theft offense
- publicly presents for profit w/o consent of the author
- any unpublished dramatic play or musical composition
3931: Theft of Unpublished dramas and musical compositions
Graded as a theft
- Takes possession of, transfers, or carries away any merchandise offered for sale by a retail establishment w/ intent of depriving merchant; w/o paying the full retail value
- Alters, transfers, or removes any price tagging AND attempts to purchase merch. at less than retail value
- Transferes any merchandise to another container w/ intent to depreive retailer of full retail value
- “under-rings” w/ intent to deprive retailer of retail value
- Destroys, removes, or renders inoperable, any security device w/ intent to deprive merchant
3929: Retail Theft
S= 1st offense; value is less than $150
M.2= 2nd offense; value is less than $150
M.1= 1st or 2nd offense; value is more than $150
F.3= 3rd or subsequent offense (regardless of value); value exceedes $2,000; merchandise is a firearm or motor vehicle
F.2= committed during a man-made/natural/war disaster
*** There is NO M.3 retail theft; 16y/o or older gets fingerprinted, even in summary cases
- unlawfully takes or exercises control over movable property of another w/ intent to deprive him thereof; OR
- unlawfully takes or exercises control over immovable property of another or interest therein
- w/ intent to benefit himself, or another not entitles thereto
3921: Theft by unlawful taking or disposition
Graded as a theft offense
- unlawfully takes/attempts to take possession of, carries away, or exercises unlawful control over
- any movable property of another from a motor vehicle
- w/ intent to deprive him thereof
3934: Theft from a Motor Vehicle
M.3= value is less than $50
M.2= value is $50 or more, but less than $200
M.1= value is greater than $200
F.3= 3rd or subsequent offense in a 5year period; regardless of value
THEFT OFFENSE GRADING [3903(a.1)]
F.3
- amount exceeds $2,000
- property stolen is an automobile, airplane, motorcycle, motor boat, or other motor-propelled vehcile
- in cases of (3925) Receiving Stolen Property: if the receiever is in the business of buying/selling stolen property
THEFT OFFENSE GRADING (3903a)
F.2
-committed during a manmade/natural/war caused disaster AND constitutes a violation of:
- (3921) Theft by unlawul taking or disposition
- (3925) Receiveing stolen property
- (3928) Unauth. use of auto or other vehicles
- (3929) Retail theft
- property stolen is a firearm
- any amount of anhydrous ammonia
THEFT OFFENSE GRADING [3903(b)]
if property was taken from the person, or in breach of fiduciary duty- amount is irrelevant
M.3= amount is less than $50
M.2= amount is $50 or more, but less than $200
M.1= more than $200
**when amount cannot be ascertained, value is deemed to be less than $50
THEFT OFFENSE GRADING (3903 a.2)
F.1
in the case of theft by receiving stolen property, the property received, retained or disposed of is a firearm AND the receiver is in the business of buying or selling stolen property.
- Knowingly
- Posseses, manufs., sells, or distributes
- a theft detection sheilding device
3929.2: Unlawful possession of retail or library theft instuments
M.1
Theft of Services Grading
S= Less than $50 value
**otherwise, values of $50 or more, graded as a regular theft
**values may be aggregated when the theft constitutes a course of conduct
