Crim Ch 9 pt 2
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- 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.
Unauthorized assumption of the right of ownership. (Central feature of embezzlement)
Making a flase written instrument or the material alteration of an existing genuine written instrument.
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
- Using the forged item (offering, passing, or attempted passing)
- Indiana has uttering and forgery as one!
- Making of a false document or object that does not have any apparent legal significance (like knock off paintings/watches)
- Buyer beware!
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.
Elements of Stolen Property?
- stolen property
- which the receiver knew was stolen
- where the property was received w/ intent to deprive the rightful owner of its possession
- 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.
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.
The taking of personal property by threat of futute harm.
Form of extortion in which a threat is made to disclose a crime or other social disgrace.
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.
- Breaking & Entering of a building, locked automoblie, etc.. w/ intent to commit a felony/theft.
- Residence = B Felony
- Building = C felony
Elements of Burglary
- of a building, residence, locked car, etc...
- w/ intent to commit a felony/theft
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