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CHAPTER #39

CHAPTER #39. THEFT AND RELATED OFFENSES. 3901: DEFINITIONS. Deprive – withhold / unlikely re-cover Financial Institution – public place of deposit Movable Property – location can be changed Immovable Property – all else. 3901: DEFINITIONS.

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CHAPTER #39

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  1. CHAPTER #39 THEFT AND RELATED OFFENSES

  2. 3901: DEFINITIONS • Deprive – withhold / unlikely re-cover • Financial Institution – public place of deposit • Movable Property – location can be changed • Immovable Property – all else

  3. 3901: DEFINITIONS • Property – anything of value tangible or intangible • Property of Another – belongs to someone else

  4. 3903: GRADING OF THEFT • F-2: disaster (3903d) including unlawful taking, receiving, auto theft, retail theft, firearms • F-3: +2000 dollars, vehicles, etc. or a “fence” • M-1: $200- $1999

  5. 3903 (con’t) M-2: $50 - $199 M-3: less than $50

  6. 3903 - Value determination Fair market value Appraised value If neither, less than $50

  7. 3903 - definitions • Man-made disaster:industrial, explosive, power failures • Natural disaster:hurricanes, storms, tornados, etc • War-caused disaster:attack on U.S. ex-plosive, nuclear, chemical, biological

  8. 3921: THEFT BY UN-LAW TAKING • Movable pro-perty: exercises control over • Immovable property: trans-fers or controls

  9. 3922: THEFT BY DE-CEPTION • Intentionally obtains or with-holds property of another by deception: false impressions physical / promise

  10. 3923: THEFT BY EX-TORTION • Intentionally obtains or withholds property of another by threatening to: • Commit another crime • Accuse another of a crime • Exposing a secret that would sub-ject another to hatred

  11. 3923 (con’t) • Take or withhold official action • Bring about or continue a strike, boycott if not for the benefit of group • Testify or without testifying with respect to claim of other • Inflict any additional harm

  12. 3924: THEFT OF LOST OR MISLAID PROP. • Take control of property of an-other knowing its mislaid, lost or falsely de-livered

  13. RECEIVING STOLEN PROPERTY • 3925 • Intentionally receives, retains, or disposes of movable property of another knowing that it has been stolen or believing it was stolen. • Renunciation: return to owner

  14. 3927 – Theft by failure to make required disposition of funds • Individual fails to make specified pay-ments and converts money to their own use • Presumption:if audit shows a shortage, per-son with responsibi-lity is charged

  15. 3928: UNAUTHORIZED USE OF AUTOMOBILE • M-2: operate a vehicle (wide variety) without consent of owner

  16. 3932 – Theft of leased property • A person who obtains leased property while purporting it to be his / her own • His / her own: sells, destroys, or converts it to his / her own use

  17. 3934: THEFT FROM MOTOR VEHICLE • Unlawfully takes control of property within a vehicle with intent to depri-ve • Grading: sub b

  18. Theft from Motor Vehicle • Grading: • 1. Less than $50: M-3 • 2. $50-$200: M-2 • 3. $201 higher: M-1 • Enhancement: 3rd or more in 5 years, regardless of value: F-3

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