Deck 11: Theft and Analogous Offenses

Question 1

Common law larceny consisted of four distinct elements. Which is NOT one of the elements?

A) The Trespassory Taking.
B) Of the Dwelling of Another.
C) Of the Personal Property of Another.
D) With Intent to Permanently Deprive the Owner/Professor of the Property.

Answer 1

Of the Dwelling of Another.

Question 2

Common law larceny consisted of four distinct elements. Which element identifies the mens rea of larceny?

A) The Trespassory Taking.
B) And Carrying Away.
C) Of the Personal Property of Another.
D) With Intent to Permanently Deprive the Owner/Professor of the Property.

Answer 2

With Intent to Permanently Deprive the Owner/Professor of the Property.

Question 3

Today, the cutoff point between grand and petty theft is somewhere in the neighborhood of:

A) $500.
B) $750.
C) $1000.
D) $1500.

Answer 3

$1000.

Question 4

Which is NOT an example of a theft offense?

A) Larceny.
B) Extortion.
C) Identity Theft.
D) Criminal Mischief.

Question 5

Property is in a person's ________ possession if he or she is holding it or it is attached to the victim in some fashion.

A) Constructive.
B) Practical.
C) Actual.
D) Concrete.

Question 6

________ is very common, accounting for approximately two-thirds of all property crimes.

A) Larceny.
B) Robbery.
C) Burglary.
D) Criminal Mischief.

Question 7

This complication of larceny is defined as a good faith belief that the individual has a right to possess the property.

A) Concurrence.
B) Claim of Right.
C) Unwilling Sale.
D) Finders, Keepers.

Question 8

This offense is also referred to as blackmail.

A) Larceny.
B) Robbery.
C) Receiving Stolen Property.
D) Extortion.

Question 9

Robbery is the immediate threat of harm. ________ is threat of future harm.

A) Burglary.
B) Extortion.
C) Embezzlement.
D) Forgery.

Question 10

This offense is when someone in lawful possession of property retains or converts the property for their own use with the intent to steal or defraud the rightful owner.

A) Extortion.
B) Embezzlement.
C) Larceny.
D) Receiving Stolen Property.

Question 11

Specific to embezzlement, this is the person to whom goods or property are entrusted.

A) Bailee.
B) Bailiff.
C) Bailor.
D) Steward.

Question 12

Specific to embezzlement, this individual, usually an employer, who entrusts the bailee with their property.

A) Bailiff.
B) Bailor.
C) Steward.
D) Factor.

Question 13

Obtaining the property of another through fraud or deception is known as:

A) Proof Deceptions.
B) White-Collar Crimes
C) Conversions.
D) False Pretenses.

Question 14

This offense is most commonly referred to as a white-collar crime.

A) Burglary.
B) Robbery.
C) Larceny.
D) Embezzlement.

Question 15

For something to amount to false representation, it must satisfy three criteria. Which is NOT one of the criteria?

A) It must in fact be false.
B) It must in fact be a false promise.
C) It applies to current, not future, conduct.
D) Opinions, even if expressed with intent to defraud another person, do not constitute false representation.

Question 16

Materially altering a document with the intent to defraud is known as:

A) Forgery.
B) Embezzlement.
C) Uttering.
D) Identity Theft.

Question 17

This is altering an e-mail address so that it appears to come from a person other than the sender.

A) E-mail Spoofing.
B) Cybercrime.
C) Cyberterrorism.
D) Identity Theft.

Question 18

Utilizing the personal information of another person to commit fraud or deception is known as:

A) E-mail Spoofing.
B) Cybercrime.
C) Cyberterrorism.
D) Identity Theft.

Question 19

Intangible property that can be protected under federal law, such as copyrights, patents, and trademarks are known as:

A) Intellectual Property.
B) E-mail Spoofing.
C) Cybercrime.
D) Identity Theft.

Question 20

As defined in common law, larceny was a conduct crime, not a result crime.

Question 21

Today, theft conviction provides for capital punishment.

Question 22

Assume you test drive a vehicle at your local car dealership. If the salesperson lets you take the vehicle for a drive and you keep it for a little longer than the usual test drive, just to take it for a "joy ride,"then larceny has occurred.

Question 23

In general, there is no requirement that the accused seeks to gain from the theft.

Question 24

If the owner of the lost property retains constructive possession of the property and the finder keeps it, larceny occurs.

Question 25

Receiving stolen property is synonymous with stealing stolen property.

Question 26

Extortion is synonymous with robbery.

Question 27

Embezzlement was defined by common law.

Question 28

Extortion is an unauthorized act that deprives an owner of his property.

Question 29

Forgery is passing a forged document to another with the intent to defraud.

Question 30

Many states have opted to criminalize forgery and uttering via a single statute.

Question 31

The actus reus for forgery is intent to defraud.

Question 32

From year to year, the number of households experiencing identity theft continues to decrease.

Question 33

Intellectual property is a blanket term describing the many varieties of products that are attributable to human intellect.

Question 34

At common law, grand theft was punishable by ________.

Question 35

In general, taking refers to the removing the property from the ________ of another.

Question 36

Even if there is no identifying information on lost property and there is no obvious attempt by the owner to get it back, the finder will be guilty of ________ if he or she sets out, at the instant the property is found, to keep it permanently.

Question 37

If the owner of the lost property retains constructive possession of the property and the finder keeps it, ________ occurs.

Question 38

Extortion consists of taking another's property by threats of ________ harm.

Question 39

Extortion requires the specific intent of inducing the victim to ________ to part with his or her property.

Question 40

In embezzlement, the property comes lawfully into the possession of the taker and is fraudulently or unlawfully ________ by him.

Question 41

Incorrect pretenses is shorthand for obtaining property by incorrect pretenses or, more simply, ________.

Question 42

Many states have opted to criminalize forgery and ________ via a single statute.

Question 43

Match the common forms of identity theft with their description.

-Account Fraud

A) Identity thieves might use another person's identity if they have a criminal record that might prevent their being hired, or if they do not have legal status to work in this country.
B) This theft occurs when someone uses the victim's name and information as his own during an investigation, issuance of a ticket, or arrest by law enforcement.
C) In some cases the thief does not steal the victim's entire identity, but rather uses only the victim's Social Security number, in combination with another person's name and birth date, to create a new, fictitious identity.
D) Thieves use a victim's name, and possibly insurance information to obtain medical services or goods. The victim is then saddled with proving she is not responsible for costly medical bills, or may find that the thief has exhausted the victim's insurance coverage.
E) Refers to a victim's right under §605B of the Fair Credit Reporting Act to prevent information that is the result of identity theft from appearing on her credit report.
F) There are two basic forms of this type of fraud - the misuse of a victim's existing account, and the opening of a new account in the victim's name.
G) In this type of fraud, an identity thief files a tax return in the victim's name in order to receive a refund or other payment, such as a stimulus check. If the thief files for the refund before the victim, the IRS may deny the victim's rightful refund or stimulus check.

Question 44

Match the common forms of identity theft with their description.

-Blocking

A) Identity thieves might use another person's identity if they have a criminal record that might prevent their being hired, or if they do not have legal status to work in this country.
B) This theft occurs when someone uses the victim's name and information as his own during an investigation, issuance of a ticket, or arrest by law enforcement.
C) In some cases the thief does not steal the victim's entire identity, but rather uses only the victim's Social Security number, in combination with another person's name and birth date, to create a new, fictitious identity.
D) Thieves use a victim's name, and possibly insurance information to obtain medical services or goods. The victim is then saddled with proving she is not responsible for costly medical bills, or may find that the thief has exhausted the victim's insurance coverage.
E) Refers to a victim's right under §605B of the Fair Credit Reporting Act to prevent information that is the result of identity theft from appearing on her credit report.
F) There are two basic forms of this type of fraud - the misuse of a victim's existing account, and the opening of a new account in the victim's name.
G) In this type of fraud, an identity thief files a tax return in the victim's name in order to receive a refund or other payment, such as a stimulus check. If the thief files for the refund before the victim, the IRS may deny the victim's rightful refund or stimulus check.

Question 45

Match the common forms of identity theft with their description.

-Criminal Identity Theft

A) Identity thieves might use another person's identity if they have a criminal record that might prevent their being hired, or if they do not have legal status to work in this country.
B) This theft occurs when someone uses the victim's name and information as his own during an investigation, issuance of a ticket, or arrest by law enforcement.
C) In some cases the thief does not steal the victim's entire identity, but rather uses only the victim's Social Security number, in combination with another person's name and birth date, to create a new, fictitious identity.
D) Thieves use a victim's name, and possibly insurance information to obtain medical services or goods. The victim is then saddled with proving she is not responsible for costly medical bills, or may find that the thief has exhausted the victim's insurance coverage.
E) Refers to a victim's right under §605B of the Fair Credit Reporting Act to prevent information that is the result of identity theft from appearing on her credit report.
F) There are two basic forms of this type of fraud - the misuse of a victim's existing account, and the opening of a new account in the victim's name.
G) In this type of fraud, an identity thief files a tax return in the victim's name in order to receive a refund or other payment, such as a stimulus check. If the thief files for the refund before the victim, the IRS may deny the victim's rightful refund or stimulus check.

Question 46

Match the common forms of identity theft with their description.

-Employment Identity Theft

A) Identity thieves might use another person's identity if they have a criminal record that might prevent their being hired, or if they do not have legal status to work in this country.
B) This theft occurs when someone uses the victim's name and information as his own during an investigation, issuance of a ticket, or arrest by law enforcement.
C) In some cases the thief does not steal the victim's entire identity, but rather uses only the victim's Social Security number, in combination with another person's name and birth date, to create a new, fictitious identity.
D) Thieves use a victim's name, and possibly insurance information to obtain medical services or goods. The victim is then saddled with proving she is not responsible for costly medical bills, or may find that the thief has exhausted the victim's insurance coverage.
E) Refers to a victim's right under §605B of the Fair Credit Reporting Act to prevent information that is the result of identity theft from appearing on her credit report.
F) There are two basic forms of this type of fraud - the misuse of a victim's existing account, and the opening of a new account in the victim's name.
G) In this type of fraud, an identity thief files a tax return in the victim's name in order to receive a refund or other payment, such as a stimulus check. If the thief files for the refund before the victim, the IRS may deny the victim's rightful refund or stimulus check.

Question 47

Match the common forms of identity theft with their description.

-Medical Identity Theft

A) Identity thieves might use another person's identity if they have a criminal record that might prevent their being hired, or if they do not have legal status to work in this country.
B) This theft occurs when someone uses the victim's name and information as his own during an investigation, issuance of a ticket, or arrest by law enforcement.
C) In some cases the thief does not steal the victim's entire identity, but rather uses only the victim's Social Security number, in combination with another person's name and birth date, to create a new, fictitious identity.
D) Thieves use a victim's name, and possibly insurance information to obtain medical services or goods. The victim is then saddled with proving she is not responsible for costly medical bills, or may find that the thief has exhausted the victim's insurance coverage.
E) Refers to a victim's right under §605B of the Fair Credit Reporting Act to prevent information that is the result of identity theft from appearing on her credit report.
F) There are two basic forms of this type of fraud - the misuse of a victim's existing account, and the opening of a new account in the victim's name.
G) In this type of fraud, an identity thief files a tax return in the victim's name in order to receive a refund or other payment, such as a stimulus check. If the thief files for the refund before the victim, the IRS may deny the victim's rightful refund or stimulus check.

Question 48

Match the common forms of identity theft with their description.

-Synthetic Identity Theft

A) Identity thieves might use another person's identity if they have a criminal record that might prevent their being hired, or if they do not have legal status to work in this country.
B) This theft occurs when someone uses the victim's name and information as his own during an investigation, issuance of a ticket, or arrest by law enforcement.
C) In some cases the thief does not steal the victim's entire identity, but rather uses only the victim's Social Security number, in combination with another person's name and birth date, to create a new, fictitious identity.
D) Thieves use a victim's name, and possibly insurance information to obtain medical services or goods. The victim is then saddled with proving she is not responsible for costly medical bills, or may find that the thief has exhausted the victim's insurance coverage.
E) Refers to a victim's right under §605B of the Fair Credit Reporting Act to prevent information that is the result of identity theft from appearing on her credit report.
F) There are two basic forms of this type of fraud - the misuse of a victim's existing account, and the opening of a new account in the victim's name.
G) In this type of fraud, an identity thief files a tax return in the victim's name in order to receive a refund or other payment, such as a stimulus check. If the thief files for the refund before the victim, the IRS may deny the victim's rightful refund or stimulus check.

Question 49

Match the common forms of identity theft with their description.

-Tax Fraud

A) Identity thieves might use another person's identity if they have a criminal record that might prevent their being hired, or if they do not have legal status to work in this country.
B) This theft occurs when someone uses the victim's name and information as his own during an investigation, issuance of a ticket, or arrest by law enforcement.
C) In some cases the thief does not steal the victim's entire identity, but rather uses only the victim's Social Security number, in combination with another person's name and birth date, to create a new, fictitious identity.
D) Thieves use a victim's name, and possibly insurance information to obtain medical services or goods. The victim is then saddled with proving she is not responsible for costly medical bills, or may find that the thief has exhausted the victim's insurance coverage.
E) Refers to a victim's right under §605B of the Fair Credit Reporting Act to prevent information that is the result of identity theft from appearing on her credit report.
F) There are two basic forms of this type of fraud - the misuse of a victim's existing account, and the opening of a new account in the victim's name.
G) In this type of fraud, an identity thief files a tax return in the victim's name in order to receive a refund or other payment, such as a stimulus check. If the thief files for the refund before the victim, the IRS may deny the victim's rightful refund or stimulus check.

Question 50

Match the different forms of theft with their description.

-Larceny

A) Taking property from another with threats of future harm; also known as blackmail.
B) Someone in lawful possession of property retains or converts the property for their own use with the intent to steal or defraud the rightful owner.
C) The trespassory taking and carrying away of the personal property of another with the intent to permanently deprive the owner of possession.
D) Various crimes typically committed by corporate executives or other employees in the course of their employment.

Question 51

Identify and explain the elements of actus reus and mens rea of larceny.

Question 52

Distinguish extortion from embezzlement.

Question 53

Compare and contrast forgery and uttering.

Question 54

Michael Janson is a local police officer. One evening, Janson pulled over George McCain for making an illegal lane change without a signal. Janson insisted that George exit the vehicle and searched him. Throughout the interaction, George believed the officer was following proper police protocol. It was later discovered, however, that during the search Officer Janson removed George's wallet from his back pocket without his knowledge. Did Officer Janson commit larceny? Why or why not?

Question 55

Joey offers to sell Melissa the latest version of a popular gaming system for only $25 cash, although in the store it generally costs over $200. The deal seems too good to be true, and Melissa assumes that the gaming system is stolen. If Melissa purchases the item, is she guilty of receiving stolen property? What if Joey tells Melissa that the gaming system "fell off the back of a truck"? Does that change Melissa's potential liability? Why or why not?