ELEMENTS PROVEN BY Flashcards
ASSAULTS
Proven by:
Acts of intentionally applying or attempting to apply force to a person of another. Directly or indirectly.
or
Threatening by any act or gesture to apply such force.
Another Person
It has to be another person.
using anything as a weapon.
An object of some sort, whether animate or inanimate must be used as a weapon.
OR
An object of some sort whether animate or inanimate must be on the offender or reasonably available to them. The circumstances must be sufficient to show an intention to use the object as a weapon.
DISHONESTLY
Without a belief that there was consent or authority from the owner.
WITHOUT CLAIM OF RIGHT
No belief in a right to own or possess the propperty.
TAKE
Physically moves the property.
ANY PROPERTY
Anything whatsoever, whether tangible or intangible, that is the property of any person and has value.
WITH THE INTENT TO DEPRIVE ANY OWNER PERMANENTLY OF THAT PROPERTY
An intent to deprive the owner permanently of the property.
OR Deal with the property in a manner so that it cannot be restored to it’s original condition.
WITH THE INTENT TO DEPRIVE ANY OWNER PERMANENTLY OF ANY INTEREST THAT PROPERTY
An intent to deprive the owner permanently of that part of the property inwhich they have an interest.
USES OR DEALS
Exceeds the authority or conditions given by using or dealing with the property in any manner.
AFTER OBTAINING POSSESSION OR CONTROL OF THAT PROPERTY IN WHATEVER MANNER
Obtained possession or control of that property for himself/herself or any other person.