Larceny Flashcards
(43 cards)
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