Deck 9: Theft,Fraud,and Related Offenses

Question 1

Under the Texas Penal Code,the penalty for certain forms of theft is greater than for other forms.For example,theft of which of the following items is always a felony regardless of the value of the item?

A)prescription drugs
B)automatic teller machine
C)saddle
D)Texas flag

Answer 1

B

Question 2

Kevin and Hillary go out to eat to celebrate their first wedding anniversary.They go to the most expensive restaurant in town and order the most expensive items on the menu.When the waiter brings the bill,the evening's food and beverage costs total $450.Kevin places several pieces of play money in the folder containing the bill and he and Hillary walk out of the restaurant.They are long gone by the time the waiter realizes that the money is not real.However,one of the other waiters recognized Kevin as a former high school classmate.The police are called and told of the incident and Kevin's identity.The most serious offense Kevin has committed is:

A)theft.
B)theft of service.
C)forgery.
D)criminal simulation.

Answer 2

B

Question 3

Roscoe operates Ajax Roofing Repair,a company that goes into neighborhoods after hail storms and seeks to obtain jobs repairing roofs.He uses second-rate materials and charges very high prices for the work.After one particular storm,Roscoe approaches Hazel,a 85-year-old widow who lives alone.Roscoe offers Hazel a free inspection of her roof.The roof has suffered only minor damage but Roscoe tells Hazel that it has suffered serious hail damage.Fearful that her roof will leak,Hazel signs a contract with Ajax to repair the roof.She agrees to pay $2,800,an amount that is more than double what most roofers would charge.Roscoe's crew makes the minor repairs to the roof and collects the $2,800.When Hazel's son learns of the roof repair,he calls the police.Roscoe has committed:

A)theft because he deceived Hazel about the condition of the roof.
B)criminal simulation because he only pretended to do major repairs to the roof.
C)fraud because he made a misstatement of a material fact.
D)no offense because Hazel could have gotten bids from other roofers.

Answer 3

A

Question 4

Holly has been out partying most of the evening.She has been drinking heavily.She recognizes that she should not attempt to drive home.Instead,she calls a taxicab.When the taxi arrives Holly tells the driver an address that is actually two blocks from her apartment.Upon arrival at the address,the taxi driver tells Holly,"That will be $12.50." Instead of paying the driver,Holly jumps from the cab and runs away.Holly has committed:

A)no offense as her failure to pay for the taxicab ride is simply a civil breach of contract.
B)theft of service.
C)unauthorized use of a vehicle.
D)consumer fraud.

Question 5

Warren operates a tow-truck service and automotive salvage yard.He also earns extra cash by dealing in stolen auto parts.He knowingly purchases the stolen parts,places them in his salvage yard among the legitimate parts,and then sells the stolen parts to customers who believe the parts are from wrecked vehicles that Warren has purchased.Warren is committing the offense of:

A)theft.
B)trafficking in stolen merchandise.
C)receiving and concealing stolen property.
D)unauthorized use of a vehicle.

Question 6

Mario exits his high performance European sports car to enter the dry cleaners to drop off some laundry.He leaves the vehicle's motor running.Danny,a 17-year-old,happens by,sees the car,and decides to take it for a spin.Danny jumps behind the wheel and drives off.About six blocks from the dry cleaners Danny realizes this was probably a bad idea.He parks the car in the shopping mall parking lot.However,an off-duty police officer observes Danny and is suspicious that such a young man would own such an expensive car.He detains and questions Danny.Danny admits he took the car without permission.The most appropriate charge to file against Danny would be:

A)unauthorized use of a vehicle because Danny lacked the owner's consent to drive the car.
B)felony theft based on the value of the sports car.
C)misdemeanor theft based on the value of the gasoline Danny used.
D)no offense because no significant harm was done by Danny's use of the car.

Question 7

Falsely posing as somewhat famous rock singers,Malcolm and his girlfriend Lucy check into the Itzy-Ritzy Resort for a long holiday weekend.They enjoy the resort's food and beverage as well as the swanky accommodations.On check-out day the two depart without paying any of the bill.Under Texas law,which of the following statements is correct about this incident?

A)Malcolm and Lucy have committed the traditional offense of defrauding an innkeeper.
B)Malcolm,but not Lucy,has committed theft of service because in situations such as this the law presumes the male is responsible for the bill.
C)Malcolm and Lucy have committed theft of service because they deceived the resort by giving false names and absconding without paying the bill.
D)The failure of Malcolm and Lucy to pay the bill is a civil matter; no crime occurs until the resort makes a formal demand for payment and they refuse to pay within 10 days.

Question 8

Late one night a deputy sheriff catches Bill and Rudy stealing Javier's cattle.When apprehended,the two had successfully loaded six calves into a trailer.The fair market value of the calves is $200 each.The most serious offense Bill and Rudy may be charged with is:

A)six counts of Class C misdemeanor theft.
B)six counts of Class B misdemeanor theft.
C)six counts of Class A misdemeanor theft.
D)felony theft.

Question 9

Dale goes to Big Red's Gun Shop looking for a new pistol.The clerk shows him several different firearms but Dale decides they are all too expensive.Finally the clerk shows him a used .22 pistol priced at $150.Dale tells the clerk he will take it.The clerk says,"Let me go get the paperwork." When the clerk leaves to retrieve the appropriate forms,Dale,true to his word,takes the pistol from the top of the counter and runs out of the store.The most serious offense Dale has committed is:

A)shoplifting.
B)theft of service - misdemeanor.
C)theft - misdemeanor.
D)theft - felony.

Question 10

Billy Bob goes to a professional baseball game with his friend Buster.Billy Bob passes out from too much beer and too little offense to keep his attention.Seeing an opportunity to improve his economic condition,Buster steals $25 from Billy Bob's wallet,leaving another $20 in the wallet.When Billy Bob awakes,he never misses the $25.The most serious offense,if any,Buster has committed is:

A)theft - misdemeanor.
B)theft - felony.
C)pickpocketing.
D)embezzlement.

Question 11

Jason is a retired professional football player.Mack is a big football fan.Mack steals Jason's photo album containing photographs of Jason in every game Jason played.By the time Mack is identified,arrested,and charged with theft,the album is substantially damaged due to flooding of Mack's home.The market value of the photo album cannot be determined as most of its value was sentimental.Accordingly,Texas statute sets the penalty level of the theft of the album as a:

A)Class C misdemeanor.
B)Class B misdemeanor.
C)Class A misdemeanor.
D)State jail felony.

Question 12

Roger is walking down the street eating a hot dog.He observes a cute black and white puppy sitting in the rear seat of a convertible.Roger approaches the car and waives the hot dog in front of the puppy.The puppy jumps out of the convertible to try to get the hot dog.Roger begins jogging down the street waving the hot dog.The puppy chases Roger all the way home.Roger lures the dog into his house.Over the next several days,Roger begins training the dog to be his pet and makes no effort to locate the dog's true owner.Roger has committed:

A)unauthorized use of a vehicle because the puppy was in an automobile when the incident began.
B)felony theft because theft of a canine is a felony offense.
C)misdemeanor theft,assuming the puppy is valued at less than the monetary divide between a felony and a misdemeanor theft.
D)no offense because the dog voluntarily followed Roger home.

Question 13

Amanda is shopping in the local discount store.She observes a blouse she likes.However,the blouse is more than she is willing to spend.Amanda takes the blouse into the dressing room and puts it on.She then puts on her own blouse to conceal the new one.As she approaches the exit to the store,Amanda is stopped by store security personnel.Amanda has committed:

A)theft.
B)no offense because she had not left the store with the blouse.
C)no offense because she was not first asked to pay for the blouse.
D)unlawful concealment of merchandise.

Question 14

Jack is a homeless individual who is down on his luck.A thunderstorm comes up late one night and Jack is looking for a place to sleep out of the rain.He spies a delivery truck parked in an alley behind a business.Jack determines that the truck is unlocked.He climbs into the cab of the truck just before the rain begins.Jack goes to sleep.The next morning,the truck's owner sees Jack,who is still asleep,and calls the police.It would be appropriate for the responding police officer to arrest Jack and charge him with:

A)theft of service.
B)unauthorized use of a vehicle.
C)theft.
D)an offense other than one of the above choices.

Question 15

Under Texas law,the presumptive method of determining whether a theft is classified as a felony or misdemeanor is based on:

A)the fair market value of the property stolen.
B)the location from which the property was stolen.
C)the motive of the thief in stealing the property.
D)the time it takes to recover the property.

Question 16

Danica goes to the grocery store.She places various grocery items in the buggy,including a case of beer in the lower rack.When Danica checks out,the cashier neglects to notice the beer in the lower rack.Danica pays for her groceries,but not the beer,and pushes the cart outside to her car.She loads the groceries,including the beer,into her car and drives home.Which of the following statements is correct about this situation?

A)Danica has committed felony theft because stealing more than 32 ounces of an alcoholic beverage is a felony.
B)The cashier has committed theft by negligence by failing to notice the beer and collecting payment for it.
C)Danica has committed misdemeanor theft because she ought to be aware as to whether or not she paid for the beer.
D)If Danica is unaware that she was not charged for the beer,she has committed no criminal offense.

Question 17

Unless Julia pays Roger $5,000,Roger tells Julia that he will tell Julia's employer that she was fired from her previous job for embezzling money.Julia says,"That's blackmail!" Roger replies,"It may be blackmail but it is also true." Julia pays Roger the $5,000.A few days later she decides to face the consequences of her previous conduct and reports the incident to a police officer.The officer could correctly tell Julia that under Texas law Roger has committed:

A)the offense of theft.
B)no offense because Roger's statement is true and Julia voluntarily gave him the $5,000.
C)the offense of extortion.
D)no offense because Roger did not use force or deception in obtaining the $5,000 from her.

Question 18

Billy Joe goes to Mardi Gras in Galveston.Along the sidewalk he observes Frenchy who is performing card tricks.Frenchy places three playing cards face down on a table.One of the cards is the queen of spades.Frenchy shows the crowd the queen and then shuffles the cards several times across the tabletop.Frenchy is taking bets on whether anyone can pick the queen out of the three cards.Billy Joe lays $10 on the table and declares he can find the queen.Frenchy again shuffles the cards while Billy Joe watches intensely.When Frenchy finally lays the cards on the table,Billy Joe picks the card in the middle.Frenchy turns the card over to reveal the six of hearts.Frenchy takes Billy Joe's $10.An undercover police officer observes the incident and notices that Frenchy is "palming" the queen so that it appears to end up in the middle of the three cards on the table.In fact,another card,the six of hearts,is cleverly substituted so that the queen is not on the table at all! What is the most serious offense,if any,Frenchy has committed?

A)Theft - felony
B)Theft - misdemeanor
C)Fraud
D)None of the above since Billy Joe was gambling illegally.

Question 19

Julie is grocery shopping.She has her baby,Waldo,in the grocery cart.Waldo begins crying.To try to calm him down,Julie removes a box of animal crackers from the store shelf and gives a cracker to Waldo.Periodically during her shopping Julie gives Waldo another cracker to keep him quiet.When the cracker box is empty,Julie tosses it in a trash can.Upon checking out,she does not pay for the crackers.Which of the following is an accurate statement about this incident?

A)Julie has committed misdemeanor theft.
B)Julie has committed misdemeanor theft of service.
C)Julie has committed no offense because she never left the store with the crackers.
D)Julie has committed no offense because grocery stores recognize that parents commonly feed children food from the store shelves and the stores simply view the act as the cost of doing business.

Question 20

Under Texas law,acts of shoplifting,swindling,receiving stolen property,and embezzlement are formally charged as:

A)larceny.
B)theft.
C)robbery.
D)criminal conversion.

Question 21

If the bookkeeper for a business alters the company's financial records and diverts money to her own bank account,a Texas grand jury could properly indict the bookkeeper for the offense of embezzlement.

Question 22

Under Texas law,all forms of theft of property are consolidated into a single offense known simply as theft.

Question 23

Dan writes a $50 check at the grocery store to pay for his purchases.His checkbook shows a balance of $95.Unknown to Dan,he has made an error in subtraction and his account actually contains only $15.So far,the most serious offense,if any,Dan has committed is:

A)theft - misdemeanor.
B)issuance of bad check.
C)forgery.
D)no offense yet.

Question 24

Chelsea,a 22-year-old,is addicted to heroin.She frequently steals items to resell in order to get money to support her addiction.One day she takes her grandmother's $825 Social Security check and signs the grandmother's name on the back.She then gives the check to Freddie,her boyfriend,who agrees to try to cash it.At the bank the teller becomes suspicious of Freddie when he presents the check.The teller refuses to cash the check and summons the bank security guard.The guard detains Freddie until the police arrive.The most serious offense Chelsea has committed is:

A)theft because she took the check without the grandmother's effective consent.
B)forgery because she completed the check with intent to defraud the bank.
C)issuance of bad check because the check lacks a valid endorsement.
D)criminal simulation because she simulated her grandmother's signature.

Question 25

In the apartment house trash dumpster,John discovers various financial documents relating to Mary and her assets.In the material is her Social Security number,bank account numbers,and other identifying information.John uses the information to withdraw cash from Mary's bank account and to buy a new television set in her name by using her credit information.In the course of impersonating Mary,John has likely committed which of the following offenses?

A)theft
B)online impersonation
C)false statement to obtain credit
D)all of the above offenses

Question 26

Rob works for the college's trash collection service.One day he finds in the trash a copy of Shondra's credit card statement.That evening,using the credit card number from the statement,he orders $600 worth of video games from an online seller.Rob has the games sent to his cousin Tom,who resides in another state.The most serious offense Rob has committed is:

A)theft.
B)credit card abuse.
C)criminal simulation.
D)none of the above because he did not receive the video games personally.

Question 27

Chelsea,a 22-year-old,is addicted to heroin.She frequently steals items to resell in order to get money to support her addiction.One day she takes her grandmother's $825 Social Security check and signs the grandmother's name on the back.She then gives the check to Freddie,her boyfriend,who agrees to try to cash it.At the bank,the teller becomes suspicious of Freddie when he presents the check.The teller refuses to cash the check and summons the bank security guard.The guard detains Freddie until the police arrive.The most serious offense,if any,Freddie has committed is:

A)theft because he received property he knew was stolen.
B)issuance of bad check because the check lacks a valid endorsement.
C)forgery because he attempted to pass the check as genuine.
D)none of the above because this is a federal,not state,crime.

Question 28

The culpable mental state of the offense of theft is the intent to deprive the owner of property.

Question 29

Roger hires undocumented workers to assist him in cleaning up some property.He has no intention of paying them.At the end of the day he leaves the site without paying them.Roger has committed theft of service.

Question 30

If Sara purposely exits a store without paying for $35 worth of cosmetics,she has violated the Texas shoplifting statute.

Question 31

Under Texas law,a person can be convicted of theft by acquiring stolen property without the state proving the existence of any culpable mental state.

Question 32

The primary victim of criminal activity related to identity theft is:

A)the individual whose name and identifying information is used for criminal activity.
B)merchants who do not follow recommended industry practices to prevent identity theft.
C)financial institutions.
D)the Federal Reserve System.

Question 33

Penny is walking through the mall parking lot when she observes a checkbook lying on the ground.Penny picks up the checkbook,examines it,and places it in her purse.She then enters the mall to do her Christmas shopping.At the jewelry store,Penny purchases a pair of $700 diamond earrings.She withdraws the found checkbook and writes a check for the purchase price.She signs the name of the person whose name is imprinted on the checks.The clerk,who is quite busy due to the Christmas shoppers,asks,"Is everything on the front of the check correct?" Penny laughs and responds,"As far as I know." Penny departs with the earrings.After the bank rejects paying the check,a review of the store surveillance tape results in the identification of Penny.The most serious offense Penny has committed is:

A)no offense because the clerk failed to follow normal commercial procedures in accepting the check.
B)issuance of bad check because the bank rejected payment of the check.
C)theft by taking because she actually took the earrings without paying for them.
D)forgery because Penny signed a name to the check for which she was not authorized.

Question 34

If Jane,angry at Brett,flushes Brett's cellphone down the toilet,Jane has committed an act of theft.

Question 35

In auto theft cases,whether an individual is charged with the offense of theft or the offense of unauthorized use of a vehicle depends primarily on whether the prosecutor can prove:

A)the offender lacked effective consent to operate the vehicle.
B)the vehicle traveled across a county line.
C)the offender's intent to permanently deprive the owner of the vehicle.
D)the vehicle has a fair market value in excess of $10,000.

Question 36

A person can commit theft of real estate even though real estate cannot be moved or carried away.

Question 37

In Texas,a theft occurs if an individual exercises control over property without the effective consent of the owner with the intent to deprive the owner of property.

Question 38

Any refusal to pay for a service after it has been provided is a violation of the theft of service statute.

Question 39

College final exams are approaching.Eric and Mandy decide to have an end of semester party.They go to the liquor store and Eric buys two large kegs of beer.He gives the clerk a check drawn on his local bank account.The two invite all of their friends to their apartment and have a great time.Several days later the liquor store manager deposits Eric's check.The bank subsequently returns the check to the store marked "Non-sufficient funds." The store tries to contact Eric by telephone but with school finished,Eric has moved from his apartment and disconnected the telephone service.Eric has committed:

A)forgery.
B)issuance of bad check.
C)criminal simulation.
D)no offense because the liquor store has not yet sent Eric a registered letter giving notice of the bank's non-payment of the check.

Question 40

Roderick's rent is due on his apartment.Unfortunately,Roderick has lost his job and is short on cash.The good news is he has a better paying job starting in two weeks.Roderick does not want to be evicted from the apartment so he mails a check for the rent to the landlord.Roderick knows he does not have enough money in the account to cover the check but figures that by the time the landlord shows up at his door demanding cash,he will have a new job and sufficient funds to pay the rent.At this point Roderick has committed:

A)no criminal offense.
B)forgery because he is trying to defraud the landlord by using a worthless check.
C)theft as he is stealing use of the apartment when he does not pay rent in a timely manner.
D)issuance of bad check because he knows he lacks the funds to cover the check.

Question 41

If Walter is charged with issuance of a bad check,he can normally avoid a conviction by making restitution through the prosecutor's office or the court.

Question 42

Joan is arrested for driving while intoxicated.While searching her vehicle,the arresting officer discovers a dozen birth certificates for other persons as well as several partially completed applications for credit cards.The officer would correctly assume that Joan may be engaging in identity theft.

Question 43

The penalty for theft may be enhanced if the perpetrator of the theft is a public servant.

Question 44

Theft of any goat,sheep,pig,or cow is a felony under Texas law.

Question 45

The presumptive penalty for a violation of the theft statute is determined by calculating the object's fair market value minus reasonable depreciation.

Question 46

Texas is the only state that has no statute criminalizing the fraudulent use of another person's identity or identifying information.

Question 47

The crime of issuance of bad check is a strict liability offense for which proof of no culpable mental state is required.

Question 48

Credit card abuse can be committed only if the offender uses the actual credit card of another person without the owner's effective consent.

Question 49

Jed picks the pocket of Fred and scores $60,Fred's driver's license,and all of Fred's credit cards.Jed has committed felony theft.

Question 50

If a check is rejected by the bank due to nonsufficient funds in the account,the appropriate criminal charge,if any,is forgery.

Question 51

Acts of swindling,shoplifting,extortion,and receiving stolen property are prosecuted as violations of the Texas __________ statute.

Question 52

The offense of unlawful use of a vehicle focuses on the scope of permission the suspect has in using the vehicle,not his or her ultimate intentions.

Question 53

If Juan rides off on Javier's bicycle without Javier's permission,Juan has committed unauthorized use of a vehicle.

Question 54

Failure to pay one's apartment rent within 10 days of its due date constitutes theft of service.

Question 55

The nonconsensual temporary use of an automobile ("joy-riding")is normally prosecuted using the theft of service statute.

Question 56

John attempts to purchase a new cellphone using a stolen credit card.The merchant rejects the card because it has been reported stolen.John's action,nonetheless,violates the credit card abuse statute.

Question 57

Case law holds that the prosecution must put the defendant "behind the wheel" operating the vehicle to sustain an unauthorized use of a vehicle charge.

Question 58

Warren operates a second-hand furniture store.He knowingly sells stolen goods in conjunction with his legitimate business.When police discover the illegal activity,Warren will likely be charge with _________.

Question 59

If the value of stolen property cannot be reasonably ascertained,the penalty for theft of that property will be determined by trial jurors who must decide its value in response to a special question they answer if rendering a guilty verdict.

Question 60

The Texas forgery statute applies only to forging of "writings."

Question 61

Without David's permission,Harley rides David's motorcycle to pick up his girlfriend Stella.When David discovers his motorcycle is missing,he notifies the police that the motorcycle has been stolen.Harley and Stella ride around for three hours before a police officer stops Harley for speeding and the officer realizes that the motorcycle has been reported stolen.Harley claims he was on his way to David's house to return the vehicle.Even if Harley is telling the truth,he can be appropriately charged with unauthorized use of a vehicle because he lacked the owner's ___ ______(two words)____ to operate the motorcycle.

Question 62

The worth of stolen property,and thereby the penalty level,is determined by the fair market value of the item at the _________ and _________ of the theft.

Question 63

The elements of the Texas theft of service statute require that an individual intend to avoid payment for a service by securing performance of the service through deception,threat,or ______(two words)____.

Question 64

The actus reus of the unauthorized use of a vehicle statute is whether the accused ________ the vehicle.

Question 65

The actus reus of the Texas theft statute is a(n)____________.

Question 66

Dexter buys a 42-inch television set from Adam for $125.The set is still in its original packaging and retails for $650.Adam laughingly tells Dexter that the set "walked out the door and jumped into my truck" at the electronics store where he works.Dexter tells Adam,"Call me if some more walk out the store as I know some other folks that might wish to purchase a set." Dexter has committed ___________.

Question 67

Under Texas law,theft of a firearm valued at $350 is a ________ level offense.

Question 68

The penalty for theft is enhanced to the next penalty level if the victim is a(n)____________ person.

Question 69

Damon purchases a used car from Raoul by writing Raoul a check for $2,500,the full purchase price.Earlier in the day,however,Damon withdrew all of the cash from the account because he plans to drive this afternoon to Oklahoma for a new job.Damon has committed ___________.

Question 70

Jacki sees Jill's purse on the table of the school library.Jacki removes Jill's checkbook and driver's license from the purse.The next day Jacki buys a new cellphone and some jewelry,using the checks and the driver's license for identification.Upon arrest,in addition to theft of property and forgery charges,Jacki may properly be convicted of fraudulent use of ____(two words)_.

Question 71

The offense of theft involves a person unlawfully appropriating property with intent to deprive the owner of property.Identify the four ways in which property may be appropriated in an unlawful manner and briefly explain each way.

Question 72

To convict an individual for issuance of a bad check,the state must prove that the person _______ she lacked sufficient funds in the bank to cover the check.

Question 73

Knowingly leaving a restaurant without paying for the food violates the _______(three words)_____ statute.

Question 74

Under Texas law,theft of a single head of cattle is a ________ level offense.

Question 75

Explain the difference between forgery of a check,theft by check,and issuance of a bad check.

Question 76

Joey buys a ticket to see the newest animated movie at the multiplex theater.After viewing this movie he spends the afternoon and early evening going from auditorium to auditorium watching other movies.Joey is observed by the theater manager who calls the police.Joey has committed ______(three words)____.

Question 77

On his computer,Steve creates a perfect copy of a cashier's check for $1,000,000,payable to him.He prints the check,mounts it in a frame,and hangs it on his bedroom wall.Steve has committed forgery only if his intent is to use the check to ________ or harm another.

Question 78

Under the Texas theft statute,the penalty level is often determined by the value of the stolen property.Value of stolen property is determined by the ___(two words)____ value of the item.

Question 79

Tom,a student,uses his scanner and computer to print counterfeit tickets to the university's football games.He sells the tickets to his fraternity brothers for $5 each.The most serious offense Tom has committed is ___________.

Question 80

The offense of forgery applies only to items that meet the definition of a ___________.