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23 Cards in this Set
- Front
- Back
Common Law Larceny
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1. Larceny by trespassory taking
2. Larceny by trick 3. False Pretenses 4. Embezzlement Includes computer data and programs |
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Statutory Larceny
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1. Acquiring lost or mislaid property
2. ISSUING A BAD CHECK 3. False promise 4. Extortion 5. Embezzlement 6. Appropriating leased or rented items |
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Larceny: Class A Misdemeanor
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Any property
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Larceny: Class E Felony
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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 |
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Larceny: Class D felony
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Property worth more than $3000
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Larceny: Class C Felony
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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 |
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Larceny: Class B Felony
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Over 1 million dollars
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False Pretenses
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Obtaining TITLE
to personal property of another by an intentional FALSE STATEMENT OF past or existing FACT with INTENT TO DEFRAUD the other |
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Bad Check Legislation
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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. |
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Bad Check Presumption
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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. |
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Bad Check Affirmative Defense
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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. |
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Larceny
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a TAKING
AND CARRYING AWAY OF TANGIBLE PERSONAL PROPERTY OF ANOTHER BY TRESPASS WITH INTENT TO PERMANENTLY DEPRIVE |
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Embezzlement
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FRAUDULENT
CONVERSION Of PERSONAL PROPERTY Of ANOTHER By a person in LAWFUL POSSESSION of that property |
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First Degree Robbery
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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 |
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Second Degree Robbery
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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 |
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Third Degree Robbery
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Forcibly Stealing Property
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Receiving Stolen Property
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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. |
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Possession
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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 |
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Criminal Possession of a Forged Instrument
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The use or possession for use of a forged instrument with fraudulent intent.
Does not merge with forgery. |
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Forgery
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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 |
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Malicious Mischief
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The MALICIOUS
DESTRUCTION of or damage to; the PROPERTY OF ANOTHER Malice is not required, may be reckless malicious mischief. |
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Criminal Tampering
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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 |
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Robbery
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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 |