Property Offenses Flashcards

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1
Q

Larceny occurs when a Defendant…

A

wrongfully or fraudulently takes personal goods belonging to another without his consent and with the intention to deprive the owner thereof permanently.

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2
Q

A person will also be guilty of larceny if they…

A

know that personal property is stolen and assists in its transportation or disposition.

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3
Q

What showing is also required for a grand larceny conviction?

A

The exclusive possession of stolen property by the accused.

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4
Q

To be guilty of larceny for receiving stolen goods, one must…

A

buy, receive, or aid in concealing goods known to be stolen.

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5
Q

Extortion consists of…

A
  1. Threatening to injure a person or property and thereby extorting pecuniary benefit; or
  2. Sending a note or email message threatening to kill or do great bodily harm to the victim or their family.
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6
Q

Extortion consists of…

A
  1. Threatening to injure a person or property and thereby extorting pecuniary benefit; or
  2. Sending a note or email message threatening to kill or do great bodily harm to the victim or their family.
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7
Q

In an extortion matter, “injury to property” includes…

A

the sale, distribution, or release of identifying information such as a Social Security or bank account number.

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8
Q

A person may be convicted of forgery if they…

A

falsely made or materially altered a writing, without the authority to do so and with the intent to defruad, to prejudice another’s right.

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9
Q

The crime of identity theft occurs when a person…

A
  1. Without the permission of the person who is the subject of the identifying information; and
  2. With the intent to defraud;
  3. Obtains the identifying information that is not available to the general public and that could be used for pecuniary gain or to avoid arrest, prosecution, etc.
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10
Q

One may be guilty of bad check law if they…

A

make, draw, or deliver, with intent to defraud, a check or draft upon a bank or other depository knowing the maker or drawer has insufficient funds in such bank.

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11
Q

Burglary occurs when…

A

a person breaks and enters a dwelling house of another in the nighttime with the intent to commit a felony.

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12
Q

For a burglary charge in Virginia, intent to commit a felony may be inferred from…

A

an unauthorized presence.

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13
Q

A conviction of burglary may be improper when the home…

A

is not evidenced as a “dwelling home,” such that there is no evidence that the home is used for habitation, nobody sleeps at the house, the house is unfurnished, and nobody uses the house for usual activities of daily life. Additional evidence a house is not a dwelling is evidence that nobody who used the house has any intention in resuming use.

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14
Q

Arson is…

A

the malicious burning or destruction of any building.

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15
Q

In Virginia, the penalty for arson is greater if…

A

the building is a dwelling burned at night.

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16
Q

Embezzlement occurs when…

A

a person entrusted with possession of another’s property converts such property for his own use or benefit.

17
Q

The mens rea of embezzlement in Virginia is…

A

the fraudulent purpose to deprive the owner of his property and to appropriate the same.

18
Q

Larceny by false pretenses occurs when one…

A

makes a false representation of an existing fact with knowledge of its falsity, and obtains money or property from another person on that basis, with the intent to defraud such person.