Theft Offenses Flashcards
Deprive
To without property from a person permanently or for so long a period of time that a major portion of its value is lost
Appropriate
To exercise control over property to acquire the major portion of its economic value or dispose of property for the benefit of oneself
Access device
any credit card number, account number, or personal identification number used to obtain telephone service.
Trespassory Taking
Pickpocket, Shoplifting
Trickery
Obtain property by deceit (con games)
Embezzlement
Wrongfully appropriate property of another person who is in your care/custody - betratal of legal duty
False Pretense
(Selling stock, acting as Fake Santa)
False Promise
Obtain property by promising to engage in future conduct without intention of engaging in such conduct
Acquire Lost Property
Fail to make effort to return
Issuing a bad check
knowing theres insufficient funds
Extortion
Obtain Property by:
- Threaten PI in future - Threaten Property damage (present/future) - Use position as public servant (Abuse of Authority) - Threaten Criminal Conduct - Threaten to accuse of Crime - Threaten to expose Secret - Threaten to strike/boycott - Threaten to withhold testimony - Threaten any other act that will harm in a material way
Grand Larceny - Felony
-Motor Vehicle (Over $100)- not including Motorcycle
Religious Article ($100 +)- Stolen from building or
Curtilage of building used for religious worship
-Access Device- Steal from someone
-Credit Card/ Debit Card- (Does not include a Public Benefit Card)
-Automatic Teller Machine- or the contents of an ATM
-Anhydrous Ammonia- or Liquefied Ammonia with intend to manufacture Methamphetamine
-Gun- Steal Gun/Rifle/Firearm
-Records (Public)- Memo book
Amount over $1000
-Person- Stolen off of a person (Any Dollar Value)
-Extortion
-Secret Scientific Material
Jostling - Misdemeanor
In a public place, a person;
- Places hand in area of victims pocket or handbag
- Crowds victim while another has hand in area of victims pocket/handbag
Robbery - Felony
Person FORCIBLY steals property from another
Ex: Points a gun
Note: If threatened to use force in future or directed at property, charge would be GRAND LARCENY (Extortion)
Criminal Possession of Stolen Property - Misdemeanor - Knowingly
Person knowingly possesses stolen property valued at $1000 or less
Criminal Possession of Stolen Property - Felony - Knowingly
- Motor Vehicle other than a -motorcycle (over $100)
- Religious Article (From church $100 and over)
- Credit/Debit/Benefit Card
- Amount over $1000
- Pawn Broker /// Gun
- firearms, rifles or shotguns
- Anhydrous Ammonia or Liquefied ammonia gas with Intend to manufacture methamphetamine
Identity Theft vs. Identity Fraud
- Identity theft is the actual charge
- Identity fraud happens when a person creates an identity, either unjustifiably from a real person or fictitiously and assumes that identity.
- A person who commits identity theft also engages in identity fraud
Identity Theft – Misdemeanor
- knowingly, and with intent to defraud, assumes the identity of another person by presenting himself
- using personal identifying information
Personal Identifying Information:
common identifiers
Personal Identification Number:
any number or code which may be used alone or in conjunction with any other information to assume the identity of another person or access financial resources or credit of another person.
Identity Theft - Felony
- Obtains goods, money, property or services that exceeds five hundred ($500) dollars
- financial loss exceeds five hundred ($500) dollars
- Commits or attempts to commit a felony
Aggravated Identity Theft – Felony
person is a member of the armed forces, and knows that such member is presently deployed outside of the continental United States and:
- obtains goods, money, property or services exceeds five hundred ($500) dollars; or
- causes financial loss exceeds five hundred ($500) dollars.
Unlawful Possession of Personal Identification Information - Misdemeanor
financial services account number or code,
checking/savings account number or code,
brokerage account number or code,
credit card account number or code,
debit card number or code,
automated teller machine number or code,
personal identification number,
mother’s maiden name,
computer system password,
electronic signature, or
unique biometric data (fingerprint, voice print, retinal image),
Unlawful Possession of Personal Identification Information – Felony
-250 or more of the above items
Note: Identity theft laws are intended for persons who attempt to commit financial crimes and terrorist acts, or other serious unlawful acts. They are not intended to be enforced against underage persons who attempt to purchase alcohol or cigarettes,
Unlawful Possession of a Skimmer Device – Misdemeanor
unlawful possession of a skimmer device
Criminal Impersonation - Misdemeanor
- Falsely Representing Another Person (other than a public servant)
- Falsely Representing an Organization
- Falsely Representing a Public Servant
- Falsely Representing Another Person by Communication via Internet Website or Electronic Means
Criminal Impersonation - Felony
- Impersonates a Police Officer or Federal Law Enforcement Officer and such pretense is for the purpose of committing or attempting to commit a felony:
- Impersonates a physician and orders a prescription
Note: If the person were to produce a prescription in writing the charge would be forgery.
False Personation - Misdemeanor
after being informed of the consequences of such act, he or she knowingly misrepresents his or her actual name, date of birth, or address
Forgery – Misdemeanor
- “catch all” for every act of forgery not amounting to the felony categories
- forgery is complete when the written instrument is made or altered with fraudulent intent.
Forgery – Felony
A person commits forgery, felony, when:
- With intent to defraud, deceive, or injure another person,
- He or she falsely makes, completes, or alters a written instrument
- credit card
- public record
- issued or created by a public office, public servant, or governmental instrumentality
- tokens, public transportation transfers (i.e., MetroCard)
- prescription of a duly licensed physician
- issue of money, stamps
Criminal Possession of a Forged Instrument – Misdemeanor
knowledge that it is forged and with intent to defraud,
Criminal Possession of a Forged Instrument – Felony
A person is charged with this offense when he or she possesses any of the above forged instruments
