Document/deception Definitions Flashcards
What does deception mean?
- a false representation (oral or documentary, by conduct) AND
- knows it is false/reckless false
OR
- Omission to disclose material particular and duty to disclose
- fraudulent device
Property
Any real or personal property
Dishonestly
w/o express/implied consent OR authority from entitled persons
Without claim of right
w/o belief in proprietory or possessory right
Takes
Complete when offender moves/causes to move property
3 key words of what a document provides? (E.I.R)
Evidence
Info
Record
What is required to prove a False representation
1- intent to deceive
2- a representation by defendant
3- that representation was false and def knew or was reckless
Privilege or benefit
Both Mean a special right or advantage
Debt
money owing from one to another
Liability
Legally enforceable financial obligation
Title
Legal right to property
Pecuniary advantage
Anything that enhances the accused financial position
Acting in the course of duty
Every lawful act const does on duty
Includes acts by professional obligation
(Excludes if acting unlawfully)