Criminal Law B Flashcards
Definition of THEFT
A class of crimes concerning the involuntary transfer of personal property
Types of theft
There are 8
Embezzlement Extortion False pretenses Forgery Larceny Misappropriation Receiving stolen property Robbery
Definition of BURGLARY
Burglary is a crime against real property, punishing entry into another’s home with the intent to commit a felony.
ROBBERY
SS 211 Definition
Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence and against his will, accomplished by means of force or fear.
ROBBERY FEAR DEFINED
ss 212
The fear mentioned in section 211 may be either:
1) The fear of an unlawful injury to the person or property of the person robbed, or of any relative of his fear or member of his family or:
2) The fear of an immediate and unlawful injury to the person or property of anyone in the company of the person robbed at the time of the ropbbery
ROBBERY DEGREES
ss 212.5
a) any robber of any person doing their job, on a bus, taxi trolley, vehicle, cars,is guilty of robbery in the first degree
b) any robber of any person using an ATM is guilty of robbery in the first degree
c) all other kinds of robberies are second degree
LARCENY
ss 484 theft defined
Every person who shall feloniously steal, take, carry, lead, or drive away the personal property of another or who shall fraudulently appropriate property which has been entrusted to him or her……is guilty of theft
LARCENY ss 485
THEFT;Appropriation of lost property with knowledge or means of inquiry as to true owner
One who finds property under circumstance which give him knowledge of or means of inquiry as to the true owner, and who appropriates such property to his own use, or to the use of another person not entitled thereto, without making reasonable efforts to find the owner and to restore the property to him, is GUILTY OF THEFT
LARCENY
Theft DEGREES
SS486
Theft is divided into 2 degrees, the first of which is termed grand theft and the second, petty theft.
GRANT THEFT DEFINED
ss487
When the value exceeds 950
but it is $250 when it is for fowls, avocados, olives, citrus other farm crops
Aquaculture is the same $250
MOney labor or real or personal property taken is $950 consecutive 12 month period
LARCENY
CRIMES AGAINST PROPERTY
ss496
Receiving stolen property knowing the property was stolen shall be punished by imprisonment in a county jail
EXTORTION
ss518
Extortion is obtaining of property from another with his consent, or the obtaining of an official act of a public officer, induced by a wrongful use of force or fear, or under color of official right
GENERAL PROVISIONS
ss666 PettyTheft
Petty theft
punishable by imprisonment not to exceed 1 year
CALJIC 9.40 ROBBERY
Every person who takes personal property in the possession of another, against the will from the person or immediate presence of that person, accomplished by force or fear with SPECIFIC INTENT permanently to deprive that person of the property, is guilty of the crime of ROBBERY
In order to prove this crime the following elements must be proved:
- A person had possession of property of some value
- The property was taken from that person form his immediate presence or carried away
- the property was taken agains the will of the person
- The taking or carrying away was accomplished wither by force or fear
- the property was taken with the specific intent to permanently deprive the person of the property
CALJIC 9.40.1
ROBBERY NOT CONFINED
The commission of robbery id not confined to a fixed place or a limited period of time and continues so long as the stolen property is being carried away to a place of temporary safety.
CALJIC 9.40.2
The crime of robbery
To constitute the crime of robbery, the perpetrator must have formed the specific intent to permanently deprive an owner of his property before at the time that the act of taking the property occurred. If the intent was not formed until after the property was taken from the person immediate presence of the victim, the crime of robbery has not been committed.
CALJIC 9.40 .3
POSSESSION ROBBRY WHILE AT WORK
Constructive possession requires that a person knowingly exercise direct physical control over a thing. the law relates to the crime of robbery is that all employees have constructive possession of the employer’s property while on duty and thus may be separate victims of a robbery of the employers business
CALJIC 9.41
THE ELEMENT OF FEAR
The element of fear int he crime of robbery may be either:
1) The fear of an unlawful injury to the person or property of the person robbed, or to any of his relatives or family members or
2) The fear of an immediate and unlawful injury tot he person or property of anyone in the company of the person robbed at the time of the robbery.
CALJIC 9.44
ROBBERY the specific intent
the specific intent (of the actor) dos not exist if the alleged perpetrator has a good faith claim of right to title or ownership of the specific property taken from the alleged victim.
the required specific intent exists if the perpetrator is attempting to satisfy, settle or otherwise collect a debt
CALJIC 14.00
THE CRIME OF THEFT:may consist of
1) theft by larceny
2) Theft by trick or device
3) Theft by embezzlement
4) theft by false pretense
ibid
Pena CASe
3rd Party
SS221 ROBBERY DEFINITION
Robbery is the felonious taking of taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force of fear.
ss 212 Fear defined
fear mentioned in 211
the fear of an unlawful injury to the person or property of the person robbed or of relative of his or member of his family, or
the fear of an immediate and unlawful injury to the person of anyone in the company of the person robbed a the time of the robbery
ss 212.5 Robbery degrees
if performing a job in transportation, boat, train, etc., is first degree murder
ATm robbery is first degree murder
