Crim Ch 9 pt 2

Card Set Information

Crim Ch 9 pt 2
2011-10-01 20:50:58
Criminal Law

Chapter 9
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  1. Embezzlement?
    • Misapporiation of property already in the possession of the defendant.
    • Also the unlawful conversion of the personal property of another enity to whom it has been entrusted by its rightful owner.
    • More serious than larceny (POSITION OF TRUST). Always going to have jail time.
  2. Conversion?
    Unauthorized assumption of the right of ownership. (Central feature of embezzlement)
  3. Forgery?
    Making a flase written instrument or the material alteration of an existing genuine written instrument.
  4. Elements of Forgery?
    • False signature or material alteration
    • signed or altered w/o authority
    • of a writing or other instrument that
    • if genuine would have legal significance
    • w/ intent to defraud
  5. Uttering?
    • Using the forged item (offering, passing, or attempted passing)
    • Indiana has uttering and forgery as one!
  6. Criminal Simulation?
    • Making of a false document or object that does not have any apparent legal significance (like knock off paintings/watches)
    • Buyer beware!
  7. Receiving Stolen Property
    • Knowingly taking possession of or control over property that has been unlawfully stolen from another
    • Accepting property that the receiver knew was stolen or that he/she should have known was stolen.
  8. Elements of Stolen Property?
    • Receiving
    • stolen property
    • which the receiver knew was stolen
    • where the property was received w/ intent to deprive the rightful owner of its possession
  9. Robbery?
    • Unlawful taking of property that is taken by force or by threat of force.
    • not w/o deadly force = strong arm
    • Indiana does not have aggravated robbery.
  10. Elements of Robbery?
    • Felonious taking of personal property
    • from the person or immediate presence of another
    • against the will of the victim
    • and accomplished by means of force or by putting the victim in fear.
  11. Extortion?
    The taking of personal property by threat of futute harm.
  12. Blackmail?
    Form of extortion in which a threat is made to disclose a crime or other social disgrace.
  13. Indentity Theft?
    Unauthorized use of another individual's personal identity to fraudulently obtain $$, goods, or services; to avoid the payment of debt; or to avoid criminal prosecution.
  14. Burglary?
    • Breaking & Entering of a building, locked automoblie, etc.. w/ intent to commit a felony/theft.
    • Residence = B Felony
    • Building = C felony
  15. Elements of Burglary
    • Breaking
    • Entering
    • of a building, residence, locked car, etc...
    • w/ intent to commit a felony/theft