Test 3. Offenses Involving Theft (16-8) Flashcards
Define deprieve:
Without justification:
> withhold property of another so it is unlikely the owner will recover it
> dispose of property so it is unlikely the owner will recover it
Define financial institution:
bank, credit union, or other organization viewed as a place to deposit funds, savings, or investment
§ 16-8-2
Thief by taking
> unlawfully takes
> while in lawful possession
> intention to deprive owner
§ 16-8-3
Thief by deception
> obtain property through deceitful means
> deprives owner of property
> > creates impression of fact
accused knows is false
§ 16-8-4
Thief by conversion
> Has lawfully obtained funds or property of another
> knowingly converts funds to his own use
Define personal property:
> personal property having a replacement cost value greater than $100.00
§ 16-8-5
Thief by Service
> intent to avoid payment
> knowingly obtains services, accommodations
> personal use available for compensation
§ 16-8-7
Theft by receiving stolen property
> receives, disposes of, retains stolen property
> should have known it was stolen
> unless intent to restore to owner
§ 16-8-11
Venue
> location where a legal case is heard or a trial is conducted.
> jurisdiction where the alleged crime occurred.
§ 16-8-12
Punishment
Concerning theft, if the property exceeds $1,500.1 but is less than $5,000, is it a felony or misdemeanor?
Felony
§ 16-8-12
Punishment
Concerning theft, the property must exceed how much before it is a felony?
At least $1,500.1
§ 16-8-12
Punishment
Concerning theft, what is the punishment if the property of theft is a firearm?
Felony
§ 16-8-14
Theft by shoplifting
What are the elements?
> alone or in concert w/ another person
> > Intent of appropriating
merchandise without paying
> > Deprives owner of
possession
> > Conceals possession of
goods
> > transfers goods in another
container
> > alters price tag
§ 16-8-18
Entering Automobile
> Enter auto with intent of theft
> Felony
§ 16-8-40
Robbery
What are the elements?
> intent to commit theft
> takes property of another or immediate presence of another:
> > by use of force
Intimidation
Snatching
> Felony
§ 16-8-41
Armed Robbery
> intent to commit theft
> takes property of another
> using weapon or item that looks like a weapon
> felony