Jeremy continues walking to his job at a local gas station. Before paying for the cigarettes, Jeremy slips a package of chewing gum into his pocket and does not pay for it. Jeremy stops by the local convenience store on his way to work and buys some cigarettes. To summarize, whether the defendant steals by a physical taking, a conversion, or a false representation of fact, and whether the defendant steals real or personal property or a service, the crime is theft under modern consolidated theft statutes and is graded primarily on the value of the property or service stolen.
What differentiates false pretenses from larceny by trick is the status of the property after it is stolen, which is discussed under the harm element of consolidated theft statutes. False pretenses can also be used to steal personal or real property and is very similar to larceny by trick in this regard. When the defendant steals by a false representation of fact, and the subject of the theft is a service, the theft is generally a false pretenses theft (Cal. Embezzlement does not require a physical taking, so it can pertain to real or personal property. Embezzlement could occur when the defendant gains possession of property from a friendship or a family relationship or from a paid relationship such as employer-employee or attorney-client. When the defendant steals by conversion, the theft is generally an embezzlement theft (Commonwealth v. Conversion generally occurs when the victim transfers possession of the property to the defendant, and the defendant thereafter appropriates the property transferred.
Because larceny requires a physical taking, it generally only pertains to personal property.Īnother way for a defendant to steal property is to convert it to the defendant’s use or ownership.
#ELEMENTS OF EXTORTION PLUS#
Control plus asportation can be accomplished by the defendant’s physical act or by deceiving the victim into transferring the property with a false representation of fact. Although asportation for kidnapping must be a certain distance in many jurisdictions, the asportation for larceny can be any distance-even the slightest motion is sufficient (Britt v. Then the defendant must move the item, which is called asportation, as it is with kidnapping (Britt v. First, the defendant must gain control over the item. When the defendant steals by a physical taking, the theft is generally a larceny theft. The act of stealing can be carried out in more than one way.
#ELEMENTS OF EXTORTION CODE#
The Model Penal Code criminalizes theft by unlawful taking of movable property, theft by deception, theft of services, and theft by failure to make required disposition of funds received under one consolidated grading provision (Model Penal Code §§ 223.1, 223.2, 223.3, 223.7, 223.8). Personal property can also be intangible property, which means it has value, but it cannot be touched or held, like stocks and bonds. Personal property can be tangible property, like money, jewelry, vehicles, electronics, cellular telephones, and clothing. Real property is land and anything permanently attached to land, like a building. The criminal act element required under consolidated theft statutes is stealing real property, personal property, or services. Computer crimes including hacking, identity theft, and intellectual property infringement are explored in an exercise at the end of the chapter. Upcoming sections analyze theft crimes that involve force or threat, receiving stolen property, and crimes that invade or damage property, such as burglary and arson. In this section, you review different classifications of nonviolent theft crimes that are called white-collar crimes when they involve commercial theft.
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