Deck 13: Crimes Against Property

Question 1

Which of the following constitutes false pretense?

A) not telling a buyer that the computer he is purchasing is riddled with viruses
B) telling a buyer that the designer purse she is purchasing is authentic even though the buyer already knows that the purse is, in fact, fake
C) selling a car to a friend who lies and promises that he or she will pay you in the morning with the intention to not do so
D) buying a car that you know is in fact stolen

Answer 1

C

Question 2

A number of states have consolidated larceny, embezzlement, and false pretenses into a single statute punishing ______.

A) theft
B) robbery
C) burglary
D) property crimes

Answer 2

A

Question 3

Common law ______ is the trespassory taking and carrying away of personal property of another with the intent to permanently deprive the individual of the possession of the property.

A) larceny
B) embezzlement
C) robbery
D) theft

Answer 3

A

Question 4

For larceny, there must be a taking and a(n) ______ of the property.

A) custody
B) possession
C) asportation
D) simulation

Question 5

______ involves the actus reus of circulating or using a forged document.

A) Uttering
B) Forgery
D) Simulation
D) Larceny

Question 6

Which of the following is an element of forgery?

A) a false document
B) legal significance
C) written with intent to defraud
D) all of these

Question 7

All of the following are requirements for receiving stolen property EXCEPT ______.

A) receiving property
B) uncertainty whether the property was stolen
C) knowing the property was stolen
D) having the intent to permanently deprive the owner of the property

Question 8

______ means physical control over property with the ability to freely use and to enjoy the property.

A) Custody
B) Possession
C) Asportation
D) Simulation

Question 9

The obtaining of possession through a misrepresentation or deceit is termed ______.

A) larceny by fraud
B) false pretenses
C) larceny by trick
D) larceny by deceit

Question 10

The most important point about false pretenses is that the false representation must be of a ______.

A) past fact and present fact
B) present fact and future fact
C) future fact and past fact

Question 11

______ is the trespassory taking and carrying away of the personal property of another with the intent to steal.

A) Robbery
B) Larceny
C) Burglary
D) Theft

Question 12

______ is the creation of false objects with the purpose to defraud, such as paintings.

A) Uttering
B) Forger
C) Simulation
D) False identification

Question 13

What is the standard for gradation of robbery?

A) value of property taken in robbery
B) location of robbery
C) time of day of the robbery
D) degree of danger and apprehension of the robbery

Question 14

______ is defined as creating a false document or the material modification of an existing legal instrument with the intent to deceive or to defraud others.

A) Uttering
B) Forgery
C) Simulation
D) Larceny

Question 15

______ is the temporary and limited right to control property.

A) Custody
B) Possession
C) Asportation
D) Simulation

Question 16

______ is defined as an unauthorized access to programs and databases and unlawfully obtaining information through deceit and trickery.

A) Identity theft
B) Computer theft
C) Computer crime
D) Identity crime

Question 17

The common law misdemeanor of ______ punished the unlawful collection of money by a governmental official.

A) extortion
B) blackmail
C) bribery
D) embezzlement

Question 18

The core of the crime of ______ is the unlawful conversion of the property of another by an individual in the possession of property.

A) larceny
B) embezzlement
C) false pretenses
D) receiving stolen property

Question 19

The intent requirement for false pretenses is satisfied by all of the following EXCEPT ______.

A) knowledge
B) uncertainty
C) awareness
D) fear

Question 20

The ______ created the new category of identity theft and prohibits the knowing transfer or use, without lawful authority, of the means of identification of another person with the intent to commit any unlawful activity.

A) Identity Theft and Assumption Deterrence Act
B) Identity Assumption Act
C) Identity and Burglary Deterrence Act
D) Theft Deterrence Act of 1993

Question 21

What is the mens rea for false pretenses?

A) intent to permanently deprive
B) intent to temporarily deprive
C) intent to defraud
D) intent to steal

Question 22

Jameson broke into a large home last night knowing that he would find very valuable items that mobile and easy to steal. He believes he was able to take roughly $50,000 worth of merchandise. He plans to sell his bounty to an individual who makes a living buying stolen goods and selling them at flea markets. What term refers to this kind of individual?

A) a scumbag
B) a thief
C) a fence
D) a merchant

Question 23

All of the following are factors taken into consideration in the grading of consolidated theft statutes EXCEPT ______.

A) the value of the property
B) whether the property in question is a firearm or motor vehicle
C) whether the offense took place during looting
D) whether the property did not originally belong to the offender

Question 24

What happens to individuals charged with identity theft who also utilize credit cards, mail, or bank accounts as means to further criminal activity?

A) They are charged with identity theft only because fraud merges into the more serious offense.
B) They are charged with identity theft and the other relevant charges for the fraudulent activity such as wire fraud, mail fraud, and so on.
C) They must have a separate trial for the additional charges beyond identity theft.
D) Identity theft merges into the fraud charges.

Question 25

James was charged with embezzlement in a jurisdiction that does not have a consolidated statute. The prosecutor failed to charge him with false pretenses and larceny, in the event the facts tended to prove one of the other theft charges. As it turns out, James did not meet the embezzlement requirements. If the prosecutor had charged larceny, he would have been convicted. Based on these facts, what outcome?

A) He committed a crime so he will be found guilty regardless of the charge.
B) He will be acquitted.
C) The prosecutor will have an opportunity to amend the charges and continue the trial.
D) The defendant will have the opportunity to rebut all evidence presented against him.

Question 26

Which two offenses can an individual typically not be charged with simultaneously?

A) stealing and receiving stolen property
B) receiving stolen property and larceny by stick
C) embezzlement and carjacking
D) identity theft and computer crimes

Question 27

All of the following are elements of common law larceny EXCEPT ______.

A) asportation
B) intent to deceive
C) tangible property
D) property of another

Question 28

The serious interference with the property of another is referred to as which of the following?

A) fraud
B) unlawful possession
C) conversion
D) asportation

Question 29

The threat to disclose secret or embarrassing information is commonly referred to as the crime of ______.

A) extortion
B) blackmail
C) bribery
D) embezzlement

Question 30

Which of the following crimes involve the involuntary transfer of property in which the perpetrator appropriates property of the victim without consent or consent is obtained by fraud?

A) larceny
B) embezzlement
C) false pretenses
D) all of these

Question 31

All of the following groups were identified as committing roughly 15% of identity thefts EXCEPT ______.

A) family members
B) friends and neighbors
C) co-workers
D) strangers

Question 32

All of the following are provisions typically included in a theft statute EXCEPT ______.

A) the taking of lost property
B) use of a joint bank account by the signator
C) unauthorized use of a vehicle
D) theft of services

Question 33

______ is a form of robbery that punishes the taking of a motor vehicle in the possession of another from his or her person or immediate presence against his or her will.

A) Motor vehicle theft
B) Carjacking
C) Grand theft auto
D) Petty theft

Question 34

What kind of intent is required for extortion?

A) general intent
B) specific intent
C) reckless intent
D) negligent intent

Question 35

All of the following are activities punished by computer crime statutes EXCEPT ______.

A) copying software without authorization
B) falsifying e-mail transmissions in connection with the sending of unsolicited bulk e-mail
C) causing a computer to malfunction
D) the unauthorized carrying away of a personal computer

Question 36

Gary wrote a letter to be published in the editorial section of a local newspaper. He wrote the letter as if it came from another individual named Leroy. It talked about the excess in Leroy's life when it came to food, women, drugs, and alcohol. It was highly inflammatory and greatly damaged Leroy's reputation. If Leroy wishes to press charges against Gary, which of the following crimes would be appropriate?

A) forgery
B) uttering
C) simulation
D) none of these

Question 37

What is the standard for determining whether an individual knows or honestly believes property is stolen?

A) whether the individual knew
B) whether a reasonable person would have known or possessed an awareness
C) whether a reasonable person would have had actual knowledge
D) whether the individual has a history of possession of stolen property Location: Receiving Stolen Property

Question 38

All of the following may be an objects of extortion EXCEPT ______.

A) labor
B) services
C) only things of monetary worth
D) something of importance

Question 39

Identity theft is limited to which of the following?

A) tangible property
B) intangible property
C) Social Security numbers
D) checkbooks

Question 40

Juan sees a nice Ferrari pull up to the valet stand in front of Mastro's Steakhouse. He waits until the owner finishes his meal and returns to the valet stand to pick up his car. He stands uncomfortably close to the owner and whispers into his ear that must hand over the keys or things will get violent. If Juan never enters the car, may he nonetheless be charged with carjacking?

A) Yes, a carjacking may be directed against an individual outside the car who is in possession of the keys and is sufficiently close to control the vehicle.
B) Yes, because Juan was lying in wait and possessed premeditation.
C) No, unless Juan physically enters the vehicle.
D) No, because a threat of violence is not sufficient to overcome the asportation. requirement

Question 41

Which of the following differentiates carjacking from robbery?

A) Carjacking requires the intent to permanently deprive.
B) Carjacking does not require the intent to permanently deprive.
C) Robbery does not require asportation.
D) Carjacking requires the use of a weapon.

Question 42

Computer crime does not pose a challenge for criminal law because computers are easy to track and monitor.

Question 43

The mens rea of false pretenses is a false representation of a fact.

Question 44

The trespassory taking in larceny is the same as trespassing on land.

Question 45

Larceny may be accomplished through an innocent party.

Question 46

Intent is central to larceny.

Question 47

Under the common law, individuals can be charged with receiving stolen property.

Question 48

The actus reus of receiving stolen property requires that an individual control the stolen property for a minimum of 24 hours.

Question 49

Which of the following scenarios illustrates bribery?

A) A young woman receives a phone call from a coworker stating that he will cause her physical harm if she does not go on a date with him.
B) Woman receives a letter stating that its author will release naked pictures of her if she does not pay him $500,000.
C) A legislator votes against a law in exchange for financial gain.
D) A man threatens to divorce his wife if she does not allow him to drain the joint bank account to fund his gambling habit.

Question 50

Forgery and uttering typically are limited to documents that possess legal significance.

Question 51

Larceny is limited to business and commerce.

Question 52

A forgery may involve manufacturing false identification.

Question 53

Representation without information is typically sufficient for false pretenses.

Question 54

Modern statutes have expanded larceny to cover every conceivable variety of property.

Question 55

A prosecutor under consolidated theft statutes may charge a defendant with "theft" but is required to indicate the specific form of theft with which the defendant is charged.

Question 56

Embezzlement involves the unlawful trespassory taking of property from the possession of another.

Question 57

The future promise does not constitute a false pretense.

Question 58

What case caused state legislatures and the federal government to pass statutes addressing computer theft and crime?

A) People v. Braverman
B) Lund v. Commonwealth
C) Commonwealth v. Edison
D) Miller v. Virginia Polytechnic Institute

Question 59

What differentiates embezzlement from larceny?

A) Someone who embezzles is in lawful possession of the property.
B) Someone who commits larceny is in lawful possession of the property.
C) The mens rea for embezzlement is negligently.
D) The mens rea for larceny is recklessly.

Question 60

Identity theft has been called the crime of the 21st century.

Question 61

What elements are central to the definition of embezzlement?

Question 62

Jefferson is a banker at Bridgepoint bank. One afternoon, he takes a deposit from Sharon for $8,000. After Sharon leaves the bank, Jefferson changes the information on the computer and puts the money into his own account. With what crime would Jefferson be charged? What are the elements of this crime? Compare this crime with larceny.

Question 63

Ethan is withdrawing money from an ATM machine, but the machine is responding very slowly. Ethan receives a phone call and becomes distracted as he answers the phone. Wyatt sees how distracted Ethan is and as Ethan is looking away, Wyatt takes the withdrawn money from the ATM. Ethan looks back at the ATM screen and sees that the transaction is finished. He turns and sees Wyatt running away. Ethan pursues Wyatt and Ethan is accidentally hit by a car and breaks his leg. Discuss and analyze the case and determine whether Wyatt is guilty of robbery.

Question 64

What is the difference between identity theft and computer crimes?

Question 65

Janna is walking down the street one evening when she approached Milo. Milo put a knife to her neck and escorted her to a nearby ATM machine. Milo demanded that Janna withdraw all of the money from her savings account or he would kill her. Janna did as she was told, and Milo left without harming her. Name and define the crime that Milo has committed. How is Milo's crime different from larceny? What is the actus reus? What is the mens rea?

Question 66

Forgery and uttering are usually included in the same statute.

Question 67

What is the difference between robbery and larceny?

Question 68

What is the mens rea of receiving stolen property?

Question 69

What is the difference between extortion, blackmail, and bribery?

Question 70

What are the elements of larceny?

Question 71

The majority of state statutes provide that the crime of extortion is complete when the threat is made.

Question 72

What is the difference between grand larceny and petit larceny?

Question 73

Gloria entered into Marcus's home and walked out with a television. With what crime would Gloria be charged? What are the elements of this crime? What grade would Gloria be charged?

Question 74

What is the actus reus of false pretenses?

Question 75

What is the difference between forgery and uttering?

Question 76

What is theft?

Question 77

Robbery is typically described as a misdemeanor if the property stolen has little value.

Question 78

Sally was at a shopping mall buying spring clothing. When she went to pay, all of her credit cards had reached their limits. Later that afternoon, Sally called her credit card companies and was told that someone had been using her name and social security number to make large purchases. Name and define the crime that has been committed. What act has the U.S. Congress passed in response to this crime? What does this act prohibit?

Question 79

The common law initially only punished the violent taking of property.

Question 80

Jack and Jill needed money to pay off a gambling debt. Jack created documents that he claimed to be recently found drawings and poems by John Lennon. Jill went online and sold the drawings and poems for thousands of dollars. Name and define the crime that Jack has committed. What are the elements needed to establish Jack's crime? Name and define the crime that Jill has committed. What are the elements needed to establish Jill's crime?