OF03: Theft Flashcards
What are the Elements of Theft? (By taking)
- 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
What are the Elements of Theft? (By using or dealing)
- Dishonestly
- Without claim of right
- Uses 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
Explain “Dishonestly”
No belief of consent or authority from owner. No consent.
Explain “Claim of right”
No belief in a right to own or possess the property
Explain “Takes”
Physically moving the property
Explain “Uses”
Using the property for its main function. Possessing and controlling the property.
Explain “Deals”
Making decisions about the property as though you owned it.
Explain “Ownership”
Possession or control over a property or interest in that property.
“A share, item of clothing, phone”
Explain “Property”
Tangible or untangible.
Money or electricity.
Why is the value property important?
It determines the penalty
How long can you be imprisoned up to for theft of an item under $500?
Imprisonment not exceeding 3 months
How long can you be imprisoned up to for theft of an item over $500 and under $1000 ?
Imprisonment not exceeding 1 year
How long can you be imprisoned up to for theft of an item over $1000?
Imprisonment not exceeding 7 years
