Larceny, Shoplifting, Embezzlement of Public Funds, Motor Vehicle Break Ins, Obtaining Signature by False Pretenses

Question 1

Grand Larceny

Answer 1

General Sessions
Class E and F Felony
Elements:
1. Unlawful
2. Taking and carrying away
3. Of the personal property of another
4. With the intent to permanently deprive owner of the property AND
5. The value of the property was more than $2000

Question 2

Petit Larceny

Answer 2

Court: Summary
Class: Exempt Misdemeanor
Elements:
1. Unlawful
2. Taking and carrying away
3. Of the personal property of another
4. With the intent to permanently deprive the owner of the property AND
5. The value of the property was $2000 or less

Question 3

Shoplifting

Answer 3

Court: Summary or Felony (less than $2000 or over $2000, 3rd and subsequent offense Class E Felony 10 years regardless of value of theft)

Class: Exempt Misdemeanor to Class E Felony
Elements:
1. Take possession of carry away, transfer from one person to another, or from one area of the store to another, or cause to be carried away or transferred any merchandise displayed, held, stored, or offered for sale by any store or other retail mercantile establishment.
2. With the intent to deprive the merchant of the possession, use or benefit of such merchandise without paying full retail value OR

1. Transfer of any such merchandise from the contained it is displayed into another container
2. With the intent to deprive the merchant of the possession use, benefit of such merchandise without paying full retail value.

Question 4

Receiving Stolen Goods

Answer 4

Court: Summary or General Sessions Court (Greater than $2000 or less)
Class: Exempted Misdemeanor (summary court $2000)

Elements:
1. Accused bought, received, or possessed
2. Stolen goods, chattels, or other property
3. Knowing the goods were stolen OR
Had reason to believe (or should have known) the goods were stolen

3rd or subsequent offense 10 years regardless of property value

Question 5

Embezzlement of Public Funds

Answer 5

Class: Felony
Court: General Sessions
Elements:
1. While public employee (state/city/county)
2. Charged and entrusted with handling public funds in their official capacity
3. Fraudulently converts these funds to their own

Question 6

Breaking into Motor vehicles

Answer 6

Court: General Sessions
Class: F Felony
Elements:
1. Breaks or attempts to break
2. Into motor vehicle or it’s compartment
3. With intent to steal anything of value from it
OR
1. Breaks into or attempts to break into
2. Any tank, pump or vessel
3. Where kerosene, gasoline, or lubricating oil is stored
4. With intent to steal any such product

Question 7

Obtaining Signature or Property by False Pretenses

Answer 7

Court: Summary if $2000< or General if >
Class: Exempt Misdemeanor (less $2000) or Class E or F Felony (>$2000)
Elements:
1. By false pretenses or representation
2. Obtains the signature of a person to a written instrument OR
Obtains from another person any chattel, money, valuable security or other property, real or personal
3. With intent to cheat and defraud a person of that property

State V. Dickson (truck paid for by bounced check)