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23 Cards in this Set

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Common Law Larceny
1. Larceny by trespassory taking
2. Larceny by trick
3. False Pretenses
4. Embezzlement

Includes computer data and programs
Statutory Larceny
1. Acquiring lost or mislaid property
2. ISSUING A BAD CHECK
3. False promise
4. Extortion
5. Embezzlement
6. Appropriating leased or rented items
Larceny: Class A Misdemeanor
Any property
Larceny: Class E Felony
1. Over $1000
2. Public Records
3. Secret Scientific Material
4. Property taken from the person of another but not robbery
5. Property taken by extortion
6. Credit cards
7. Firearms
8. A motor vehicle with value greater than $100
Larceny: Class D felony
Property worth more than $3000
Larceny: Class C Felony
1. Property worth more than $50,000; or
2. EXTORTION by fear of: physical injury, damage to property, or abuse of powers as public servant
Larceny: Class B Felony
Over 1 million dollars
False Pretenses
Obtaining TITLE
to personal property of another
by an intentional FALSE STATEMENT OF past or existing FACT
with INTENT TO DEFRAUD the other
Bad Check Legislation
A person as drawer or agent PUTS A CHECK INTO CIRCULATION;
KNOWING that he does not have sufficient funds to cover it;
With the INTENT OR BELIEF that payment will be refused by the drawee; and
Payment is REFUSED by the drawee.
Bad Check Presumption
KNOWLEDGE IS PRESUMED if:

1. No account exists with the drawee;
2. He has insufficient funds on account at the time of issuance and presentation.
Bad Check Affirmative Defense
The defendant or another makes good the check within 10 days
the defendant was an employee acting at the direction of employer and not for his own benefit.
Larceny
a TAKING

AND CARRYING AWAY

OF TANGIBLE PERSONAL PROPERTY

OF ANOTHER

BY TRESPASS

WITH INTENT TO PERMANENTLY DEPRIVE
Embezzlement
FRAUDULENT

CONVERSION

Of PERSONAL PROPERTY

Of ANOTHER

By a person in LAWFUL POSSESSION of that property
First Degree Robbery
1. D causes a nonparticipant SERIOUS PHYSICAL INJURY; OR
2. The D is ARMED OR THREATENS USE of a dangerous instrument or displays what appears to be a firearm.
3. Victim must reasonably perceive that a gun is present, words are not enough
Second Degree Robbery
1. The D is AIDED BY ANOTHER who is actually present
2. The D or other participant ACTUALLY INJURES a nonparticipant; or
3. There is a THREAT of immediate USE OF PHYSICAL FORCE
Third Degree Robbery
Forcibly Stealing Property
Receiving Stolen Property
1. Receiving POSSESSION AND CONTROL;
2. of STOLEN PERSONAL PROPERTY
3. KNOWN to have been obtained in a manner constituting a criminal offense'
3. By another person;
4. With the INTENT TO PERMANENTLY DEPRIVE the owner of his interest in it.
Possession
1. KNOWINGLY POSSESSING stolen property raises presumption that D intends to benefit himself
2. Pawnbroker in possession of stolen property must make a REASONABLE INQUIRY
Criminal Possession of a Forged Instrument
The use or possession for use of a forged instrument with fraudulent intent.

Does not merge with forgery.
Forgery
MAKING OR ALTERING
A WRITING with apparent legal significance
So that it is FALSE in itself (rather than part of it is inaccurate)
4. With INTENT TO DEFRAUD
Malicious Mischief
The MALICIOUS
DESTRUCTION of or damage to;
the PROPERTY OF ANOTHER

Malice is not required, may be reckless malicious mischief.
Criminal Tampering
1. Without reasonable belief in the right to do so,
2. A person tampers with another's property
3. With the intent to cause substantial inconvenience; or

2. Regardless of intent, tampers with the property of a utility company
Robbery
A TAKING;

of PERSONAL PROPERTY of another;

From the other's PERSON OR PRESENCE;

by FORCE OR THREAT OF IMMEDIATE DEATH or PHYSICAL INJURY;

With INTENT TO PERMANENTLY DEPRIVE him of his property