CrimLaw16


	THEFT � INCLUDES: � THEFT (BY LARCENY) � THEFT BY FALSE PRETENSE � THEFT BY TRICK OR DEVICE � THEFT BY EMBEZZLEMENT � GRAND THEFT FOR EACH � PETTY THEFT FOR EACH THEFT (LARCENY) � TAKING AND CARRYING AWAY (MORE TO FOLLOW ON EACH)... � PROPERTY OF ANOTHER... � WITH INTENT TO PERMANENTLY DEPRIVE... � THE LAWFUL POSSESSOR TAKING AND CARRYING AWAY � TAKING AND (NOT �OR�) CARRYING AWAY = MUST HAVE CONTROL � MAY SIMPLY CAUSE A THING TO BE MOVED (INCL. STEALING ELECTRICITY) � HOW MUCH MOVEMENT? �A DIFFERENT POSITION� PROPERTY OF ANOTHER � CANNOT LEGALLY STEAL YOUR OWN PROPERTY � IMPORTANT IN A COMMUNITY PROPERTY STATE WITH INTENT TO PERMANENTLY DEPRIVE � A SPECIFIC INTENT � EXCLUDES UNAUTHORIZED BORROWING � IF YOU INTENDED TO RETURN A RENTED THING WHEN YOU RENTED IT, BUT LATER DECIDED TO KEEP IT, THERE IS NO LARCENY � PROVEN BY: � FILED-OFF SERIAL NUMBERS � HIDING THE TAKEN ITEM � CHANGING ITS APPEARANCE � SELLING IT � MOVING IT A GREAT DISTANCE, ETC. THE LAWFUL POSSESSOR � THEFT NEED NOT BE FROM THE LAWFUL OWNER THEFT BY FALSE PRETENSES � COMMONLY CALLED �FRAUD� � OFFENDER MUST KNOWINGLY GIVE FALSE INFORMATION... � NOT MERE �PUFFING OF WARES� � NOT MERELY OMITTING SOME FACTS � UPON WHICH THE VICTIM RELIES... � REQUIRES GREED OR STUPIDITY � VICTIM TRANSFERS TITLE AND POSSESSION OF PROPERTY TO OFFENDER � VICTIM DOES NOT EXPECT TO SEE PROPERTY AGAIN... � REQUIRES CORROBORATION FOR CONVICTION � INCLUDES KNOWING SALE OF ART �FORGERY�... � BUT POSSESSION OF ART �FORGERY� IS NO CRIME THEFT BY TRICK OR DEVICE � AGAIN, OFFENDER MUST KNOWINGLY GIVE FALSE INFORMATION... � UPON WHICH THE VICTIM RELIES... � VICTIM EXPECTS TO SEE PROPERTY (AND MORE) AGAIN � VICTIM TRANSFERS POSSESSION BUT NOT TITLE � INCLUDES FAKE INVESTMENT SCHEMES � REQUIRES NO CORROBORATION THEFT BY EMBEZZLEMENT � NO DISTINCT TAKING REQUIRED � A FIDUCIARY RELATIONSHIP BETWEEN OFFENDER AND VICTIM � THE CONVERSION FROM LAWFUL PURPOSE IS GIST OF THE CRIME GRAND THEFT (FELONY) � FAIR MARKET VALUE... � OF MORE THAN $400 � MORE THAN $100 (WHOLESALE) OF ANY CROP OR DOMESTIC FOWLS � ANY HOOFED ANIMAL � ANY FIREARM � ANY THEFT FROM A PERSON � ANY MOTOR VEHICLE (USE 10851 VC INSTEAD) � FOR EMBEZZLEMENT ONLY, $400 OR MORE IN ANY 12 CONSECUTIVE MONTHS FROM ONE VICTIM PETTY THEFT (MISDEMEANOR) � ANY OTHER THEFT PETTY THEFT WITH A PRIOR � ANY PRIOR THEFT... � PETTY OR GRAND... � INCLUDING AUTO THEFT, ROBBERY, THEFT DURING BURGLARY, SHOPLIFTING... � FOR WHICH TIME WAS SERVED... � AT LEAST A DAY, AT LEAST CONCURRENTLY... � MAKES ANY SUBSEQUENT THEFT (EVEN PETTY)... � A FELONY � VERY IMPORTANT FOR �THIRD STRIKERS� SEPARATE MULTIPLE THEFTS � A SINGLE ACT OF THEFT (ONE LOCATION) FROM SEVERAL PEOPLE IS ONE THEFT � IF TOTAL TAKEN > $400, A GRAND THEFT � AND... � EACH THEFT IS SEPARATE IF: � �FROM THE PERSON� (AS IN ROBBERY) � OR FROM DIFFERENT VICTIMS USING SAME TRICK OR DEVICE RECEIVING STOLEN PROPERTY � NO CRIME TO POSSESS STOLEN PROPERTY � MUST KNOWINGLY (OR SHOULD HAVE KNOWN) POSSESS, BUY, SELL, ETC. STOLEN PROPERTY � �SHOULD HAVE KNOWN� INCLUDES: � RIDICULOUSLY LOW PRICE � SUSPICIOUS CIRCUMSTANCES WITH NO EXPLANATION � NO REASONABLE KNOWLEDGE = NO CRIME THEFT OF LOST PROPERTY � FINDING PROPERTY WHERE OWNER IS KNOWN... � OR CAN BE EASILY DISCOVERED... � MAKING NO EFFORT TO FIND OWNER, A THEFT � >$400, A FELONY IF YOU FIND LOST PROPERTY � IF WORTH $100 OR MORE, CALL POLICE OR SHERIFF � POLICE WILL MAKE REASONABLE EFFORT TO FIND OWNER FOR 90 DAYS � IF NO ONE CLAIMS IT, IT�S YOURS THEFT OF ACCESS CARD � SEPARATE CRIME BECAUSE CARD ITSELF HAS NO VALUE � A MISDEMEANOR (PETTY THEFT) � IF �WITH INTENT TO USE FRAUDULENTLY,� A FELONY (GRAND THEFT) DEFRAUDING AN INNKEEPER � OBTAINING FOOD (COULD INCLUDE RESTAURANT) OR ACCOMMODATIONS � WITHOUT PAYING... � WITH SPECIFIC INTENT TO DEFRAUD � >$400, A FELONY

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