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LD-6 > LD-6 > Flashcards

LD-6 Flashcards

1
Q

THEFT 484

A

The crime of theft is the taking and carrying away personal property of another without the consent of the owner with the intent to permanently deprive the owner.

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2
Q

To arrest a subject for theft, the necessary crime elements include:

A

To arrest a subject for theft, the necessary crime elements include:
 the taking and
 carrying away of
 personal property of another
 without consent
 with intent to permanently deprive the owner.
NOTE: Not all thefts require “intent to permanently deprive” to violate the section, i.e. embezzlement and vehicle theft.

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3
Q

Property can include

A

Property can include money, labor, animals, crops, or real or personal items.

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4
Q

Real property

A

Real property means land and immovable property, affixed to or growing from that land. It may be otherwise referred to as real estate.

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5
Q

Personal property

A

Personal property includes any movable object(s) owned by an individual; all property other than real estate.

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6
Q

Control

A

Control is the ability to exercise a restraining or directing influence over something. Theft requires that the property that is taken be under the control of the person it was stolen from, not necessarily the owner of the property and that control is transferred to the thief.

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7
Q

Property can be taken from:

A

Property can be taken from:
 someone who is in rightful possession of it,
 a person or place having lawful possession of the property,
 someone who found the property or
 someone who himself stole the property (since legally the property still belongs to the owner from whom it was originally stolen).

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8
Q

Control

A

Control, for the purposes of grand theft person, requires that the object must be held, carried, or otherwise on the victim’s person, not merely in immediate presence.

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9
Q

Property can include

A

Property can include money, labor, animals, crops, or real or personal items.

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10
Q

Real property

A

Real property means land and immovable property, affixed to or growing from that land. It may be otherwise referred to as real estate.

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11
Q

Personal property

A

Personal property includes any movable object(s) owned by an individual; all property other than real estate.

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12
Q

Control

A

Control is the ability to exercise a restraining or directing influence over something. Theft requires that the property that is taken be under the control of the person it was stolen from, not necessarily the owner of the property and that control is transferred to the thief.

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13
Q

Property can be taken from:

A

Property can be taken from:
 someone who is in rightful possession of it,
 a person or place having lawful possession of the property,
 someone who found the property or
 someone who himself stole the property (since legally the property still belongs to the owner from whom it was originally stolen).

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14
Q

Control, for the purposes of grand theft person,

A

Control, for the purposes of grand theft person, requires that the object must be held, carried, or otherwise on the victim’s person, not merely in immediate presence.

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15
Q

It is not necessary that the thief’s intent be for the purpose of personal gain.

A

The intent needs to be to permanently deprive the owner of the property. With theft, the intent to deprive must exist at the time of taking and not at a later time.

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16
Q

GRAND THEFT

A
  • Property value exceeding $950 (Penal Code Section 487
  • Agricultural products exceeding $250 (e.g., domestic fowl, fruit, nuts, vegetables, etc.)
  • Aquacutural products exceeding $250 (e.g., fish, algae, etc.)
  • Property taken over a 12 consecutive month period totaling $950 or more and taken by a servant, agent or employee of the owner
  • Property taken from the person of another regardless of the value
  • Certain designated livestock regardless of the value (e.g., horses, cattle, sheep, etc.)
  • Motor vehicles and some livestock
  • Firearms
  • Petty theft with prior theft-related conviction and jail time
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17
Q

Petty theft

A

All other thefts not categorized as grand theft

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18
Q

ACCESS CARDS-MISDEMEANOR

A
  • Acquire or possess access card with intent to use, sell or transfer without consent
  • Possess incomplete access card with intent to complete it without consent of issuer
  • Publish (oral, written, via computer) access card, numbers, code
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19
Q

VEHICLE THEFT - 10851- FELONY

A

The crime of vehicle theft occurs when a person drives or takes a vehicle of another person, without the consent of the owner thereof, with intent to either permanently or temporarily deprive the owner of title or possession of such vehicle.

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20
Q

To arrest a subject for vehicle theft, the necessary crime elements include:

A

To arrest a subject for vehicle theft, the necessary crime elements include:
- the driving or taking of
- a vehicle not the person’s own
- without consent
- with intent to temporarily or permanently deprive the owner
- of title or possession of such vehicle.

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21
Q

VEHICLE THEFT VS. GRAND THEFT

A

if the suspect’s intent was to permanently deprive the owner, the suspect may be arrested for grand theft. (Penal Code Sections 487(d)(1)) The suspect being charged with grand theft must have taken the vehicle with the intent to permanently deprive the owner.

22
Q

Intentional failure to return a leased or rented vehicle within five days of expiration of agreement

A

FELONY

23
Q

The crime of defrauding an innkeeper - 537

A

The crime of defrauding an innkeeper is obtaining any food, fuel, services, or accommodations at a designated facility without paying, with intent to defraud the proprietor or manager.

24
Q

To arrest a subject for defrauding an innkeeper, the necessary crime elements include:

A

To arrest a subject for defrauding an innkeeper, the necessary crime elements include:
 the obtaining of
 food, services, or accommodations
 at a designated facility without paying
 with intent to defraud the proprietor or manager.

25
Q

Designated facilities, for the crime of defrauding an innkeeper, include:

A 
Designated facilities, for the crime of defrauding an innkeeper, include:
 hotel
 inn
 restaurant
 boardinghouse
 lodging house
 apartment house
 bungalow court
 motel
 marina
 marine facility
 auto camp
 public / private Campground
NOTE: Gas stations are not designated facilities.
26
Q

burglary - 459 - FELONY

A

The crime of burglary is entering any designated building or structure pursuant to Penal Code Section 459 with the intent to commit theft or any felony.

27
Q

To arrest a subject for burglary, the necessary crime elements include:

A

To arrest a subject for burglary, the necessary crime elements include:
 the entry to a building or specified structure
 with the intent to commit
 theft or any felony.

28
Q

BURGLARY INTENT

A

The intent to commit theft, or any felony, must exist at the moment the building or room is entered. The crime is complete upon entry. Even if the intended theft or felony cannot be completed, the crime of burglary is still complete.

29
Q

The crime of possession of burglary tools involves - 466 - MISDEMEANOR

A

The crime of possession of burglary tools involves possessing, making, altering, or repairing almost any kind of instrument or tool with the intent to use the tool to break or enter into a specified structure to commit any misdemeanor or felony.

30
Q

To arrest a subject for possession of burglary tools, the necessary crime elements include:

A

To arrest a subject for possession of burglary tools, the necessary crime elements include:
 -the possession of certain tools
 -knowingly making, altering, or attempting to make a key or other instrument to fit or open the lock of a building without legal request
 -with the intent to break or enter into any specified structure
 -for the purpose of committing any misdemeanor or felony

31
Q

The crime of possessing or receiving personal property with altered serial numbers or identification marks requires - 537 E

A

The crime of possessing or receiving personal property with altered serial numbers or identification marks requires knowledge of the alteration(s).

32
Q

To arrest a subject for possessing or receiving personal property with altered serial numbers or identification marks, the necessary crime elements include:

A

To arrest a subject for possessing or receiving personal property with altered serial numbers or identification marks, the necessary crime elements include:
 -any person who knowingly buys, sells, receives, disposes of, conceals, or has in possession
 -any personal property
 -from which the manufacturer’s serial number or any other distinguishing number or identification mark has been removed, defaced, covered, altered, or destroyed.

33
Q

Tampering with vehicle identification numbers-misdemeanor

A

Tampering with identification marks on a tear gas weapon- felony

34
Q

The crime of receiving stolen property is - felony

A

The crime of receiving stolen property is receiving, buying, selling, concealing, or withholding any property knowing that it has been stolen or obtained by extortion.

35
Q

To arrest a subject for receiving stolen property, the necessary crime elements are:

A

To arrest a subject for receiving stolen property, the necessary crime elements are:
- every person who knowingly
 -buys, receives, conceals, sells, withholds, or
 -aids in concealing, selling or withholding,
 -any property obtained by theft or extortion.
NOTE: If the person in possession of the stolen property is the thief, the correct charge is theft.

36
Q

The crime of forgery is - 470 - felony

A

The crime of forgery is signing the name of another or of a fictitious person, without authority or otherwise altering a document with the intent to defraud.

37
Q

To arrest a subject for forgery, the necessary crime elements include:

A

To arrest a subject for forgery, the necessary crime elements include:
- the intent to defraud,
 -make, utter, publish, pass, or attempt to pass
 -an altered, forged, or counterfeit document or seal or
 -signs an unauthorized or fictitious name.

38
Q

ARSON - 451 - FELONY

A

The crime of arson occurs when a person willfully and maliciously sets fire or burns or causes the burning of any structure, forestland, or property. This includes the aiding, counseling, or procuring of arson.

39
Q

unlawfully causing a fire - 452 - FELONY

A

The crime of unlawfully causing a fire is recklessly setting fire to, burning or causing to be burned, any structure, forestland, or property.

40
Q

possession of flammable or combustible material - 453 A - FELONY

A

The crime of possession of flammable or combustible material is possessing any flammable or combustible material or substance with the intent to commit arson

41
Q

To arrest a subject for possession of flammable or combustible material, the necessary crime elements include:

A

To arrest a subject for possession of flammable or combustible material, the necessary crime elements include:
- possession or manufacture or disposal of a flammable or combustible material or substance, or any incendiary device in an arrangement or preparation
- with intent to willfully and maliciously use such material, substance, or device
- to set fire to or burn any structure, forestland, or property.

42
Q

unauthorized entry of dwelling - 602.5 - MISDEMEANOR

A

The crime of unauthorized entry of dwelling is (SHORT TERM) entering or remaining in any noncommercial dwelling without consent of the owner.

43
Q

To arrest a subject for unauthorized entry of dwelling the necessary crime elements include:

A

To arrest a subject for unauthorized entry of dwelling the necessary crime elements include:
- any person, other than a public officer or employee acting within the course and scope of employment
- who enters or remains
- in a noncommercial dwelling house, apartment, or other such place
- without consent of the owner, owner’s agent, or person in lawful possession

44
Q

entering and occupying real property - MISDEMEANOR

A

The crime of entering and occupying real property occurs when (LONG TERM) a person does not obtain the consent of the owner, the owner’s agent, or the person in lawful possession before entering.

45
Q

crime of trespass to land - MISDEMEANOR

A

The crime of trespass to land is (picketing, interrupting business) the entering of any lands, without permission, for the purpose of injuring any property or with the intention of interfering with, obstructing, or injuring any business or occupation.

46
Q

To arrest a subject for entering and occupying real property, the necessary crime elements include:

A

To arrest a subject for entering and occupying real property, the necessary crime elements include:
 any person who enters and occupies
 real property or structures of any kind
 without consent of the owner, the owner’s agent, or the person in lawful possession
 refusing to leave upon request

47
Q

To arrest a subject for trespass to land, the necessary crime elements include:

A

To arrest a subject for trespass to land, the necessary crime elements include:
 any person who enters any land, whether unenclosed or enclosed by fence,
 for the purpose of injuring any property or property rights or
 interfering with, obstructing, or injuring any lawful business or occupation
 carried on by the owner of the land, the owner’s agent, or by the person in lawful possession.

48
Q

Occupation

A

Occupation is when a person exercises physical control over land where the land is possessed and enjoyed. Subjects must actually use, control, and possess the property over a period of time or until they are asked to leave to satisfy the crime elements. Transient, non-continuous possession is not considered occupation

49
Q

The crime of vandalism occurs when - 594

A

The crime of vandalism occurs when a person maliciously damages, destroys, or defaces any real or personal property of another person.

50
Q

To arrest a subject for vandalism, the necessary crime elements include:

A

To arrest a subject for vandalism, the necessary crime elements include:
 malicious intent
 to deface, damage, or destroy with graffiti or other inscribed material
 personal or real property
 not their own

51
Q

Damage is $400 or more

Damage is less than $400

Two prior convictions for vandalism and has served jail time for one vandalism conviction

A

Damage is $400 or more
felony
594(b)(1)

Damage is less than $400
misdemeanor
594(b)(2)(A)

Two prior convictions for vandalism and has served jail time for one vandalism conviction
felony
594.7

LD-6 (1 decks)

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