Theft

Question 1

What are the elements of theft by taking?

Answer 1

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

Question 2

What are the elements of theft by using or dealing?

Answer 2

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

Question 3

What does dishonestly mean?

Answer 3

I’m relation to an act or omission, means done or omitted without a belief that there was express or implied consent to, or authority for, the act or omission from a person entitled to give such consent or authority

Question 4

What does claim of right mean?

Answer 4

At the time of the act, the person believed that they or someone else had a right to own or possess the property that is the subject of the offence

Question 5

What does takes mean?

Answer 5

Physically moves the property or causes it to be moved. Slightest moving in enough.

Question 6

What does uses and deals mean?

Answer 6

Exceeds the authority or conditions given by using or dealing with the property in any manner

Question 7

What does ownership mean?

Answer 7

A person who is in possession or control of the property, has any interest in the property, or has the right to take possession or control of the property

Question 8

What does property mean?

Answer 8

Real and personal property, whether that property is tangible (items you can touch such a phone) or intangible (items you can’t touch such as electricity)

Question 9

Why is the value of an item important?

Answer 9

Because it determines the penalty imposed upon conviction.

Question 10

What is the sentence for theft by person in special relationship?

Answer 10

Term of imprisonment not exceeding 7 years

Question 11

If the value of the property exceeds $1000, what is the sentence given?

Answer 11

A term of imprisonment not exceeding 7 years

Question 12

If the value of the property exceeds $500, what is the sentence given?

Answer 12

A term of imprisonment not exceeding 1 year

Question 13

If the value of the property does not exceed $500, what is the sentence given?

Answer 13

A term of imprisonment not exceeding 3 months