OF03 - Theft Flashcards
Elements of Theft
Dishonestly
Without claim of right
Takes
Any property
With intent to deprive any owner permanently of that property
OR
With intent to deprive any owner permanently of any interest in that property
Elements of theft - uses or deals
Dishonestly
Without claim of right
Used or deals with
Any property
With intent to deprive any owner permanently of that property
OR
with intent to deprive any owner permanently of any interest in that property
After obtaining possession or control of that property in whatever manner
Dishonestly means
Without a belief that there was consent or authority from the owner
Without claim of right
No belief in a right to own or possess the property
Takes
Physically moves the property
Any property
Anything whatsoever, whether tangible or intangible, that is the property of any person and has value
With intent to deprive any owner permanently of that property
An intent to deprive the owner permanently of the property
OR
Deal with the property in a manner to that it cannot be restored to its original condition
With intent to deprive any owner permanently of any interest in that property
An intent to deprive the owner permanently of that part of the property in which they have interest
Uses or deals with means
Obtains possession with the owners permission but exceeds the authority or conditions given
Ownership means
Possession or control of that property or,
Any interest in the property or,
The right to take possession or control of the property
Why is it important knowing the value of an item ?
It determines the penalty imposed apon conviction.
Theft is complete when…
The offender moves the property or causes it to be moved