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23 Cards in this Set

  • Front
  • Back

The word "Larceny"

Is What Texas Calls Theft

Embezzlement is...

Fraudulent Conversion of Property of another persons in lawful possession of the property

At common Law, The Elements of Larceny Include

Trespassory Asportation, of Personal Property, of Another With Intent to Steal

At Common Law, Larceny by Trick involved:

Obtaining the property of another by fraud or deceit

At Common Law, Larceny:

Had to Involve tangible Personal Property & Had to involve the stealing of bonds, deeds, trademarks, and/ or insurance policies

At Common Law:

If two or more people were co-owners, taking of the property by one of the owner was not larceny

Under Texas Law:

Elements of theft include unlawful appropriation of property with intent to deprive the owner of property

Unlawful appropriation of Property Occurs...

Without effective consent & By an intoxicated person giving consent

Under Texas Law:

Acquiring Stolen Property is Appropriation

Under Texas Law:

Both Tangible and Intangible Property are covered by the theft Statute & A shoplifter running from the store with property is intent to deprive & Writing a check on a non-existent bank account is intent to deprive

Under Texas Law, the owner of property is defined as:

The titleholder to the property & The party in possession of the Property & The Party with the greater right of possession to the property

The penalty for theft may be based on:

The value of the property stolen & The type of property stolen & The manner of obtaining the stolen property

Under Texas Law, The type of property stolen may be a felony regardless of its value. These Items Include:

Firearms & Livestock & Election Ballots

The manner of obtaining stolen property influences the penalty. For Example,

Penalties are enhanced when writing a bad check

The Penalty is impacted depending on who is the victim. For Example:

Theft from an elderly victim enhances the penalty

The penalty for theft is influenced by who is the perpetrator. For Example:

Theft by an offender with a prior conviction enhances the penalty & Theft by a public servant enhances the penalty & Theft by a government contractor enhances the penalty

In Texas, Abandoned Property is defined as:

Items where the owner intentionally relinquishes any claim to the property

Theft can occur when there is a mistaken transfer of ownership. For example:

If you buy a drink for $5, give the bartender $10, But receive change for a $20 and keep it & If you commit deception by false impression & If you intent to deprive the true owner of the money that you owe them that has resulted from a transaction

Unauthorized use of vehicles includes:

Joyriding

Theft of service involves:

Failing to pay rent & Failing to return rented property

Under Texas Law, Forgery:

Means to alter or make writing look like an act of another who did not authorize it & Means to present a copy of a non-existent original copy

Under Texas Law, The credit/Debit Card abuse Statute:

Creates 11 Ways to defraud & Says all violations are felonies, regardless of the value lost

Fraud might include the following:

Credit Card Theft may involve fraud