Theft Flashcards
Why is it important to know the value of an item?
Because it contributes to sentencing.
Pre codes - shoplifting
Under 500$ - 4322
500 - 1000$ - 4323
Elements of theft
Dishonestly - without a belief that there was any consent or authority from the owner
Without claim of right - no belief that the act was lawful
Takes - physically takes or moves the property with no authority whatsoever
Any property - anything whatsoever whether tangible or intangible that is the property of any person that has value
With the intent to deprive any owner permanently of that property- deprive the owner permanently or deal with it in a manner so that it cannot be restored to its original condition.
OR
with the intent to deprive any owner permanently of any interest in that property - deprive the owner permanently of the property to which they have an interest
Elements of using or dealing
Dishonestly
Without claim of right
Uses or deals with - gains possession lawfully but then exceeds that authority or conditions given by dealing with the property in any manner.
After obtaining possession or control of that property in whatever manner - to obtain by whatever means
With the intent to deprive any owner permanently of that property
With the intent to deprive any owner permanently of any interest in that property