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23 Cards in this Set
- Front
- Back
The word "Larceny" |
Is What Texas Calls Theft |
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Embezzlement is... |
Fraudulent Conversion of Property of another persons in lawful possession of the property |
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At common Law, The Elements of Larceny Include |
Trespassory Asportation, of Personal Property, of Another With Intent to Steal |
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At Common Law, Larceny by Trick involved: |
Obtaining the property of another by fraud or deceit |
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At Common Law, Larceny: |
Had to Involve tangible Personal Property & Had to involve the stealing of bonds, deeds, trademarks, and/ or insurance policies |
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At Common Law: |
If two or more people were co-owners, taking of the property by one of the owner was not larceny |
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Under Texas Law: |
Elements of theft include unlawful appropriation of property with intent to deprive the owner of property |
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Unlawful appropriation of Property Occurs... |
Without effective consent & By an intoxicated person giving consent |
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Under Texas Law: |
Acquiring Stolen Property is Appropriation |
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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 |
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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 |
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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 |
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Under Texas Law, The type of property stolen may be a felony regardless of its value. These Items Include: |
Firearms & Livestock & Election Ballots |
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The manner of obtaining stolen property influences the penalty. For Example, |
Penalties are enhanced when writing a bad check |
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The Penalty is impacted depending on who is the victim. For Example: |
Theft from an elderly victim enhances the penalty |
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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 |
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In Texas, Abandoned Property is defined as: |
Items where the owner intentionally relinquishes any claim to the property |
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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 |
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Unauthorized use of vehicles includes: |
Joyriding |
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Theft of service involves: |
Failing to pay rent & Failing to return rented property |
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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 |
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Under Texas Law, The credit/Debit Card abuse Statute: |
Creates 11 Ways to defraud & Says all violations are felonies, regardless of the value lost |
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Fraud might include the following: |
Credit Card Theft may involve fraud |