Theft Flashcards
What is theft?
Theft is the act of dishonestly, without claim of right taking any property, with the intent to deprive any owner permanently of that property OR interest in that property.
What are the 5 elements of Theft (by taking)?
1.Dishonestly
2.without claim of right
3.Takes
4.Any property
5.With the intent to deprive any owner permanently of that property OR interest in that property.
What are the 6 elements of theft (by using or dealing) ?
1.Dishonestly
2.Without claim of right
3.Uses or deals
4.Any property
5.With the intent to deprive any owner permanently of that property OR interest in that property.
6.After obtaining possession of that property in whatever manner.(usually legally)
What does Dishonestly mean?
Without belief that there was consent for the act, from a person entitled to give consent to that act.
What does Claim of right mean?
The person believes that they have the right to possess that property and make decisions regarding that property like they own it.
What does Uses or Deals mean?
To gain possession of that property first then make decisions regarding that property like they were the lawful owner of that property.
What does Any property mean?
It is anything tangible or intangible
What does Ownership mean? Who has ownership?
A person is regarded an owner if at the time of theft have possession or control of the property OR any interest of that property.
Why is it important to know the value of a stolen property?
Because it determines the penalty upon conviction.