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Theft (False Pretenses: (Obviously Absurd Statements: If an assertion is…
Theft
False Pretenses:
Obviously Absurd Statements: If an assertion is obviously absurd then no conviction. Puffing is allowed, but opinions are not immaterial (Donhoe note case).
Duty to Speak: If you hear someone say something false you can be guilty if you have a duty to speak. Also, omissions of material facts can be "false representations" but as usual there must be a duty.
Opinions: An opinion can be a basis for false pretenses. Reliance is separate than materiality. Reliance need not be reasonable (US v. Skilling; enron case, Skilling says things that sound like opinions but he knows the company is not doing well).
No Intention to Pay: You can decide what someone intended by what they did. Bad business deals are not crimes. If you tell someone that you will pay back in the future and at the time you had no intention to pay the that is false pretense (Chaplin v. US; false pretenses).
Larceny
MPC
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Claim of Right is an affirmative defense if you didn't know the property was of another, sincerely thought the property was yours, took an item for sale intending to pay for it later
Found Property: If you come to property and you know it's not yours, then you're guilty if with the purpose to deprive the owner thereof, he fails to take reasonable measures to restore the property to a person entitled to have it. Time doesn't matter. Puts more of an obligation on people to consider the property right than others.
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Common Law
Elements: (1) Trespassory/wrongful (2) Taking (3) and Carrying away (4) The personal property (5) of another (6) with intent to deprive (7) Permanently.
Only Tangible Propety Can Be Stolen: You can prove value with evidence. Intangible property cannot be stolen at common law. MPC says anything of value (Lund v. Commonwealth; theft of computer cards).
You Can Steal Your Own Property if Used As Security: Property in the hands of a bailee may be stolen by the general owner (Henry v. State; dude took his stuff he used as a security deposit).
Moving Item: You do have to move the item at least some. You can be charged with attempted theft (State v. Carswell; dude tries to steal an air conditioner gets 4 inches away).
Useful Life of the Item: Theft is complete if you take it for the useful life of the item this is a "continuous taking" (People v. Kunkin).
Borrowing: Borrowing is not a crime if you return it within a reasonable amount of time. Borrowing a bike intending to return it in a number of years is theft. Continuous taking in the event that you take an item and later decide not to return it.
Claim of Right as a Defense: When you take something intending to take it permanently but you thought the property was yours. If it was a reasonable mistake you have a defense. The property has to be the exact same item you thought was yours.
If You Can Find the Owner of Lost Property: You can be guilty of theft if you intend to appropriate the item believing at the time that the owner can be found. You don't have to do due diligence (Brooks v. State).
Deception by Trick: The crime is committed when one obtains the possession of personal property of another by deception, artifice, fraud or force, with the intent on the part of the person obtaining it to convert it to his own and permanently to deprive the owner of his property (State v. Robington).
Intention to Pay for Taken Goods: A person who gives or intends to give an equal or more valuable substitute for a fungible good does not have the intent to permanently deprive another of property.
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Embezzlement: While secrecy or concealment is evidence of criminal or felonious intent, nevertheless there may be embezzlement where appropriation is openly made and consequently without concealment (People v. Talbot; embezzlement case).
Consolidation: All the following are considered as one. Jury doesn't have to think about how it was committed, only if it was committed.