Theft Flashcards
List the 6 Theft Crimes
(1) Larceny
(2) Embezzlement
(3) False Pretenses
(4) Larceny by Trick
(5) Robbery
(6) Receipt of Stolen Property
What is Larceny?
Larceny is
(1) trespassory (without consent of the owner)
(2) taking and carrying away of (to remove the item from where it was, even if slightly)
(3) tangible personal property of another
(4) with the intent to permanently deprive the other of his interest in the property
What is Embezzlement?
Embezzlement is
(1) Fraudulent conversion
(2) Of personal property of another
(3) By a person in lawful possession of that property
What is False Pretenses?
False pretenses is
(1) Obtaining TITLE
(2) To the property of another
(3) By an intentional or knowing false statement of PAST or EXISTING fact
(4) With the intent to defraud the other
What is Larceny by Trick?
Larceny by trick is
(1) Obtaining POSSESSION
(2) Of the property of another
(3) By an intentional or knowing false statement of PAST or EXISTING fact
(4) With the intent to defraud the other
Money is not title until it is used for what the giver of the money intends. Thus, if accused tells victim he is going to take money and give it to X to buy a car for victim, but keeps it for himself, that is larceny by trick since title did not ever pass by giving it to X.
What is Robbery?
Robbery is
(1) Taking
(2) Of personal property of another
(3) From the other’s person or presence
(4) By force or threat of force (to the victim, his family, or someone in the victim’s presence)
(5) With the intent to permanently deprive the other of his interest in the property.
In other words, robbery is larceny in the victim’s presence accomplished by force.
What is Receipt of Stolen Property?
Receipt of stolen property is
(1) Receiving possession and control of stolen property
(2) Known to have been stolen by another person or that supplier did not have right to property
(3) with the Intent to permanently deprive true owner of their property
