Larceny Flashcards
Three ways to engage in the crime of larceny
Stealing
Larceny by false pretense
Embezzlement
For larceny by false pretense, the suspect knowingly made a ________that the victim relied on as ________and it caused the victim to give the suspect money or property
False statement
Relied on as being true
For embezzlement, the suspect was entrusted with the property of another and took the property, hid it, or _______ with the intent to permanently deprive the owner
Converted it to his own use
The right of arrest is warrantless arrest on probable cause if the suspect steals (3):
Trade secret
firearm
valued over 250
Rate of arrest of suspect steals property valued at $250 or less
Arrested in presence otherwise complaint
When does larceny become a felony (3)?
If property is a firearm, trade secret, or more than $1200
When does larceny from an elder or disabled person become a felony?
Over 60 years old or Disabled
And value of the property is over $250
What is the felony threshold amount for larceny of an elder or disabled person?
$250
Can someone be convicted of larceny for taking cocaine from their accomplice?
Yes
Can electronically stored data be considered property for Larceny?
Yes
The value of stolen property determines an officers right of arrest and potential penalty, but is not:
An element of the offense
Once the amount exceeds ______, it is unnecessary to determine the exact value of the stolen articles
$1200
What are examples of intellectual theft and is it subject to prosecution as larceny?
Plagiarism,movie, or song piracy
Not subject to prosecution as larceny Governed by federal copyright law
Is it larceny if a contractor fails to pay his subcontractors for their work since he stole their services?
No
The identity of the owner does not need to be alleged if the property is described with
Sufficient certainty
If someone steals evidence from a police officer who is considered the victim of larceny
Police
Misplaced items are stolen when the suspect takes possession with the intent to
Keep them for his own use
Is possession of a stone device within 10 days of theft considered recent
Yes
What is the heart of larceny by false pretense?
Lying to convince the victim to part with money or property, the false fact must be a key reason for the transaction
The Ponzi scheme or pyramid scheme may also be charged as under 271 section 7
Illegal lottery
Excepting government subsidize to give someone else is
Larceny by false pretense
Is a dealers statement that has used car was in good condition larceny by false pretense
No
If a salesman misrepresented a customers income, employment, history and trade-in values so the customer could secure credit to buy cars he is guilty of
Larceny by false pretense
The intent to permanently deprive is not an element of which type of larceny
Larceny by false pretense
_______ is the breach of a relationship of trust in order to permanently deprive the owner of money or property
Embezzlement
Suspects claim of right for embezzlement
If suspect had an honest and reasonable claim to the money, it negates his criminal intent
Right of arrest for attempted larceny
Warrantless arrested in presence, regardless of value. otherwise complaint
Any person who finds lost money or goods with a value of three dollars or more or a stray beast who does not know the owner must ______ (3) within ___ days
- OIC of the police station in the town where the property was found
- Place an ad in newspaper or:
- Post notice and two public places in town only if there’s no police station.
2 days
The owner of the animal shall receive them back if he or she appears within ______ after the stray animals is found
3 months
The owner of money or property shall receive it back if he or she appears within ______ after the money or property is found
1 year
The Finder of money or goods may keep it if they comply with notification rules and are not contacted by the owner within
1 year of the find
The Finder may sell the stray animal at public auction if he or she is not contacted by the owner within _______ of the find.
3 months
Before auctioning a stray animal, the person must provide notice at least _____ days before the auction in ___ public places in town where the animals found
4 days
2 places
If an animal is sold at auction, the Finder must do what if the owner appears
Finder must pay the owner of the auction price minus reasonable expenses
Following the arrest of a principal or accomplice to larceny or robbery, an officer must secure the property, “_________” of items found and upon conviction return the property to its owner
“Annex a schedule”
When the custodian receives property, he must provide notice to the public describing the property by either (2)
- Posting a description into public places or
- Publishing it in a newspaper.
Property can be sold at auction if the custodian shows that the property remains unclaimed for at least _____ after the police department provides the public notice
1 month
If the owner of unclaimed property is known, and they have failed to collect the property within ____ of receiving a registered letter, property can move forward to auction
10 days
The final step before property can be sold at auction is that notice of the auction appears in the newspaper for:
3 consecutive weeks
Violating law 135 S8 The auctioning of unclaimed property is punishable by:
Fine and forfeiture of any property gained as a result of the violation
Unclaimed, cash, and auction proceeds go into the municipalities:
General fund
Police must maintain careful records of each item sold at auction because the owner may appear within ____years after the _____ and receive payment from the municipalities General fund
2 years
After sale
In the case of found cash, the owner may appear within __________ after police recovered the cash to receive payment from the general fund
2 years 2 months
