Crimlaw Rules 3

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Author:
woof686
ID:
26468
Filename:
Crimlaw Rules 3
Updated:
2010-07-12 15:55:26
Tags:
Theft
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Description:
Theft
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  1. Larceny and NY levels of larceny
    Trespassory taking and carrying away of personal property of another with the intent to permanently deprive that person of the property,

    Petty larceny:$1,000 or less

    4th degree:

    • btwn $1000 and $3000
    • property of public record, motor vehicle, or religious aritcles
    • theft from victim's body
    • extorsion

    3rd degree: between $3,000 and $50,000

    2nd degree:

    • between $50,000 and $1,000,000
    • extortion with threat of physical injury
    • theft through abuse of position as public servant

    1st degree: greater than $1,000,000
  2. Larceny by trick
    Obtaining possession by misrepresentation with the unlawful intent to convert, and then does so.
  3. Forgery and NY levels
    Fraudulent making of a false writing with apparent legal significance with intent to defraud.

    Legal significance = has value beyond its own existence (e.g., a contract, deed, or will, but not a painting)

    Issuance of bad check: knows he has insufficient funds, expects check to bounce, and check bounces

    3rd degree: intentionally making or altering a written instrument

    2nd degree: 3rd degree + instrument is a deed, will, contract, assingment, credit card, prescription, etc.

    1st degree: 3rd degree + instrument is money, stamps, securities, stocks, or bonds
  4. Embezzlement
    Fraudulent conversion of another's property by one in lawful possession of the property,

    Conversion = serious interference with owner's right to property by inappropriately using the property.
  5. False pretenses
    Obtaining title to another's property through that person's reliance on a known false representation of material past or present fact where representation is made with intention to defraud.
  6. Robbery and robbery levels in NY
    Larceny by force or intimidation where the taking of property is from the person or in his presence

    3rd degree: forcible stealing of property

    2nd degree: 3rd degree +

    • defendant aided by another
    • non-participant injured
    • defendant displays what appears to be a weapon
    • stolen property was a motor vehicle

    1st degree: 3rd degree +

    • non-participant seriously injured
    • defendant is armed with deadly weapon
    • defendant threatens to use dangerous instrument
  7. Burglary and NY levels
    Breaking and entering of dwelling of another at night with specific intent to commit a felony therein

    3rd degree: knowl=ingly entering and remaining unlawfully in a building with the intent to commit a crime

    2nd degree: 3rd degree +

    • armed with deadly weapon
    • threatens to use dangerous instrument
    • injures a non-participant
    • commits crime in a dwelling

    1st degree: 3rd degree + building is a dwelling and

    • aremed with deadly weapon
    • threatens use or uses dangerous instrument
    • injures non-participant
  8. Receiving of stolen property and NY levels
    Receiving control of stolen property with knowledge that it is stolen and intent to permanently deprive the owner.

    5th degree: below $1000 value

    4th degree:

    • value btwn $1000 and $3000
    • credit, debit, or public benefit card
    • firearm
    • motor vehicle
    • religious article

    3rd degree: value btwn $3000 and $50,000

    2nd degree:value btwn $50,000 and $1,000,000

    1st degree: value greater than $1,000,000

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