larceny
the trespasser taking and carrying away of the personal property of another with the intent to permanently deprive the owner of possession.
grand theft
at common law, ________ was punishable by death. Today no theft conviction provides for capital punishment.
1.the tresspassory taking
2. and carrying away
3. of the personal property of another
4. with intent to permanently deprive the owner. possessor of the property.
common law larceny consisted of four distinct elements:
1.tresspass
2. taking
3.carrying away
4. personal property
there are 4 elements to the actus reus of larceny
taking
removing the property from the possession of another
requires the intent to permanently deprive the owner or possessor of the property
the mens rea of larceny
larceny
is very common, accounting for approximately two-thirds of all property crimes
claim of right
a good faith belief that the individual has a right to possess the property
extortion
taking property from another with threats of future harm; also known as blackmail
because it removes any possible benefit that a person stands to gain as a result of another person's theft
why criminalize the receipt of stolen property??
embezzlement
someone in lawful possession of property retains or converts the property for their own use with the intent to steal or defraud the rightful owner
bailee
person to whom goods or property are entrusted
bailor
the individual, usually an employer, who entrusts the bailee with their property
white collar crime
various crimes typically committed by corporate executives or other employees in the course of their employment
conversion
an unauthorized act that deprives an owner of his property
false pretenses
obtaining the property of another through fraud or deception
false pretenses
the core element of ___________________ is false representation, or deception. such deception can be manifested verbally, in writing or even by conduct
forgery
materially altering a document with the intent to defraud
uttering
passing a forged document to another with the intent to defraud
email spoofing
altering an email address so that it appears to come from a person other than the sender
identity theft
utilizing the personal information of another person to commit fraud or deception
identity theft
recent data show that almost 8 million households in the United states experienced at least one form of __________ in the past year.
account fraud
there are two basic forms of __________.
1. the misuse of a victim's existing account
2. and the opening of a new account in the victims name
blocking
refers to a victims right under s605B of the fair credit reporting act to prevent information that is the result of identity theft appearing on her credit report
criminal identity theft
occurs when someone uses the victim's name and information as his own during an investigation, issuance of a ticket or arrest by law enforcement
employment identity theft
some ________ use a victims social security number for employment. ________ might use another persons identity if they have a criminal record that might prevent their being hired, or if they do not have legal status to work in this country
medical identity theft
in cases of ___________ thieves use victim's name and possibly insurance information it obtain medical services or good. the victim is then saddled with proving she is not responsible for costly medical bills or may find that the thief has exhausted the v
synthetic identity theft
in some cases the thief does not steal the victim's entire identity, but rather uses only the victims social security number in combination with another person's name and birth date, to create new, fictitious identity
tax fraud
in this type of fraud, an identity thief files a tax return in the victim's name in order to receive a refund or other payment such as a stimulus check. if the thief filed for the refund before the victim, the IRS may deny the victim's rightful refund or
knowingly and willfully
mens rea of identity theft
varies according to the defendants intent
actus reus of identity theft
copyrights
refer to the legal protection afforded to an author's original works.
intellectual property
intangible property that can be protected under federal law, such as copyrights, patents and trademarks
all encompassing law
to ease the burden on prosecutors, states have increasingly begun to consolidate the theft statutes into one:
1. the property comes lawfully into the possession of the taker
2. and conversion is required
embezzlement is different than larceny because
carrying away
for the ____________ element of larceny to occur, there is no requirement that the movement be significant