Exam 11: Theft and Analogous Offenses

Distinguish the differences between embezzlement and larceny. What primary elements are primary to each crime? What elements are the same?

What is the legal term for a person to whom goods or property are entrusted.

A thief cracks a safe to gain access to the contents within the safe. The cracking of the safe constitutes the act of larceny itself.

Ashley is a clerk for a department store. She is responsible for receiving payment from customers for goods purchased. Because of a drug habit Ashley needs more money than she makes. Therefore, she begins keeping half of the cash she receives from customers and covers her tracks by reporting the sale of a lesser item. Ashley may be charged with extortion.

What is the primary difference between real property and personal property?

Kelly is a computer hacker that specializes in stealing personal information from another person's computer. Kelly is guilty of __________________.

George steals a checkbook and endorses the check with the owner's actual name. He then cashes the check at a local bank. George is guilty of forgery and ________________.

Steve and Jim work together at a local machine shop. Both have the same brand torch kits. Steve picks up Jim's torch kits mistakenly thinking it is his and takes it home with him. Steve has exercised a __________________.

What is a blanket term describing the many varieties of products attributable to human intellect?

John borrows a car because his car was damaged in a wreck. He borrows the car from the company for which he works under the stipulation that John return the car within two weeks. At the end of the two weeks, John decides he likes the car and does not want to return the car. He refuses to return the car. Legally, what crime has John just committed?

George steals 100 watches from a local jewelry store while the owner is distracted with a customer. George sells the stolen watches to another jeweler in another part of town. What charges may be filed against the second jeweler?

Very few larcenies are simple cases of theft with a few complications or surprises.

Charlie, a bank teller, receives a cash deposit of $10,000.00 from a customer. Instead of reporting the deposit, Charlie gives the customer a fake receipt with another teller's name on the receipt and pockets the money. What charge may be filed against Charlie?

Jack discovers that Sally, who works in receiving for a stereo warehouse, is creating false documents of receipt alleging fewer stereos were received in a shipment than she actually received. She has been taking the stereos to the local flea market and selling them. Jack meets Sally after work and confronts her with his knowledge, but offers to remain quiet if she pays him $2000 every month. Regardless of Sally's crime, Jack is guilty of the crime of extortion.

Some jurisdictions criminalize "larceny by trick" as a crime distinct from false pretenses.

If a clothing store customer takes a pair of pants from the rack, removes all of the external sales tags, and then approaches the sales clerk or a refund, what crime may be charged?

Under Common Law, what is the fourth element required completing the crime of larceny?

Compare extortion with the crime of robbery. What elements of crime or common between the two crimes? What element separates the two crimes? Could extortion include a threat of serious bodily injury?

__________________ is the utilizing of personal information of another person to commit fraud or deception.

The key element of extortion or blackmail is the threat of future harm.