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Theft actus reus is. . .
--Taking
--Carrying away
--Converting
--Swindling
Larceny
Where person unlawfully took property of victim,
didn't cover cases where victim gave the property to the offender (who didn't give it back).
Tangible property--Personal property like jewelry
Intangible property--paper worth nothing in itself, but is proof of something of value
-Stocks -Bonds -Promissory notes
Embezzlement
-happens because of breaches of trust
--Involves person who was in lawful possession of property unlawfully converting it to their own use (making it theirs).
--Originally directed at bank clerks and other bailees (people entrusted with property) it has been the cornerstone of abuse of trust
--White Collar Crimes
False Pretenses
--Deceiving others into giving up ownership (not just possession) of their property
--Actus reus: deciving
--Larceny = taking
--Embezzlement = converting
--False Pretenses = deceiving
Theft mens rea is. . .
--Purposely (Model Penal Code), knowingly and
intentionally
--Acquiring someone else's property
--In order to permanently deprive the owner of
his or her possession
White-Collar Crime
--Fraud and Swindling
--Double Cross
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