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Crim Law Other > Larceny > Flashcards

Larceny Flashcards

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1
Q

Three ways to engage in the crime of larceny

A

Stealing
Larceny by false pretense
Embezzlement

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2
Q

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

A

False statement
Relied on as being true

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3
Q

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

A

Converted it to his own use

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4
Q

The right of arrest is warrantless arrest on probable cause if the suspect steals (3):

A

Trade secret
firearm
valued over 250

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5
Q

Rate of arrest of suspect steals property valued at $250 or less

A

Arrested in presence otherwise complaint

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6
Q

When does larceny become a felony (3)?

A

If property is a firearm, trade secret, or more than $1200

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7
Q

When does larceny from an elder or disabled person become a felony?

A

Over 60 years old or Disabled
And value of the property is over $250

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8
Q

What is the felony threshold amount for larceny of an elder or disabled person?

A

$250

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9
Q

Can someone be convicted of larceny for taking cocaine from their accomplice?

A

Yes

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10
Q

Can electronically stored data be considered property for Larceny?

A

Yes

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11
Q

The value of stolen property determines an officers right of arrest and potential penalty, but is not:

A

An element of the offense

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12
Q

Once the amount exceeds ______, it is unnecessary to determine the exact value of the stolen articles

A

$1200

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13
Q

What are examples of intellectual theft and is it subject to prosecution as larceny?

A

Plagiarism,movie, or song piracy
Not subject to prosecution as larceny Governed by federal copyright law

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14
Q

Is it larceny if a contractor fails to pay his subcontractors for their work since he stole their services?

A

No

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15
Q

The identity of the owner does not need to be alleged if the property is described with

A

Sufficient certainty

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16
Q

If someone steals evidence from a police officer who is considered the victim of larceny

A

Police

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17
Q

Misplaced items are stolen when the suspect takes possession with the intent to

A

Keep them for his own use

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18
Q

Is possession of a stone device within 10 days of theft considered recent

A

Yes

19
Q

What is the heart of larceny by false pretense?

A

Lying to convince the victim to part with money or property, the false fact must be a key reason for the transaction

20
Q

The Ponzi scheme or pyramid scheme may also be charged as under 271 section 7

A

Illegal lottery

21
Q

Excepting government subsidize to give someone else is

A

Larceny by false pretense

22
Q

Is a dealers statement that has used car was in good condition larceny by false pretense

A

No

23
Q

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

A

Larceny by false pretense

24
Q

The intent to permanently deprive is not an element of which type of larceny

A

Larceny by false pretense

25
Q

_______ is the breach of a relationship of trust in order to permanently deprive the owner of money or property

A

Embezzlement

26
Q

Suspects claim of right for embezzlement

A

If suspect had an honest and reasonable claim to the money, it negates his criminal intent

27
Q

Right of arrest for attempted larceny

A

Warrantless arrested in presence, regardless of value. otherwise complaint

28
Q

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

A
  1. OIC of the police station in the town where the property was found
  2. Place an ad in newspaper or:
  3. Post notice and two public places in town only if there’s no police station.

2 days

29
Q

The owner of the animal shall receive them back if he or she appears within ______ after the stray animals is found

A

3 months

30
Q

The owner of money or property shall receive it back if he or she appears within ______ after the money or property is found

A

1 year

31
Q

The Finder of money or goods may keep it if they comply with notification rules and are not contacted by the owner within

A

1 year of the find

32
Q

The Finder may sell the stray animal at public auction if he or she is not contacted by the owner within _______ of the find.

A

3 months

33
Q

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

A

4 days
2 places

34
Q

If an animal is sold at auction, the Finder must do what if the owner appears

A

Finder must pay the owner of the auction price minus reasonable expenses

35
Q

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

A

“Annex a schedule”

36
Q

When the custodian receives property, he must provide notice to the public describing the property by either (2)

A
  1. Posting a description into public places or
  2. Publishing it in a newspaper.
37
Q

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

A

1 month

38
Q

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

A

10 days

39
Q

The final step before property can be sold at auction is that notice of the auction appears in the newspaper for:

A

3 consecutive weeks

40
Q

Violating law 135 S8 The auctioning of unclaimed property is punishable by:

A

Fine and forfeiture of any property gained as a result of the violation

41
Q

Unclaimed, cash, and auction proceeds go into the municipalities:

A

General fund

42
Q

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

A

2 years
After sale

43
Q

In the case of found cash, the owner may appear within __________ after police recovered the cash to receive payment from the general fund

A

2 years 2 months

Crim Law Other (26 decks)

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