Question 1

George took an antique saddle from Sallie's home, but left Sallie cash that covered the value of the saddle. Since he did not intend to deprive Sallie of the value of the saddle George is not guilty of a crime.

Accepted Answer

Even though George left cash that covered the value of the saddle, he still took the antique saddle without Sallie's consent. This act constitutes theft, and George could be charged with a crime.

Question 2

The mens rea of larceny requires intent to permanently deprive the owner/possessor of the property.

Accepted Answer

The mens rea of larceny includes the intent to permanently deprive the owner or possessor of the property. Without this specific intent, the crime of larceny cannot be established.

Question 3

The first three elements of larceny identify the mens rea of larceny and the fourth identifies the actus reus.

Accepted Answer

The first three elements of larceny typically identify the actus reus (the unlawful taking and carrying away of someone else's property), while the fourth element identifies the mens rea (the intent to permanently deprive the owner of the property).

Question 4

What is one of the two basic forms of account fraud?

Accepted Answer

The misuse of a victim's existing account is one of the two basic forms of account fraud. The other basic form is the creation of a new fraudulent account using the victim's personal information. The misspelling of a victim's name or unlawful access to their computer may be a part of the fraud, but they are not the basic forms.

Question 5

Punishments for larceny have changed over time; however, the common law elements of the crime have remained more or less intact.

Accepted Answer

While the punishments for larceny may have changed over time, the common law elements of the crime have remained largely unchanged.

Question 6

The key element of extortion or blackmail is the threat of future harm.

Accepted Answer

Extortion or blackmail involves using threats of future harm to force someone to do something against their will or to obtain something from them. This is the key element of this crime.

Question 7

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

Accepted Answer

Taking typically involves the act of removing property from someone else's possession without their consent or through illegal means.

Question 8

Jack discovers that Sally, who works in receiving for a stereo warehouse, is creating false documents of receipt alleging fewer stereos were received in a shipment than she actually received. She has been taking the stereos to the local flea market and selling them. Jack meets Sally after work and confronts her with his knowledge, but offers to remain quiet if she pays him $2000 every month. Regardless of Sally's crime, Jack is guilty of the crime of extortion.

Accepted Answer

Jack is guilty of extortion because he is using Sally's illegal activity to demand money from her in exchange for his silence. This is a form of blackmail and is illegal.

Question 9

Steve is a computer whiz and uses his computer to access other computers around the world with the intent to steal the identity information of each computer owner. What crime may be charged against Steve?

Accepted Answer

Steve's actions constitute identity theft, which is the unauthorized use of another person's personal information for fraudulent purposes. Embezzlement would involve stealing money or property from a company or organization, and personality theft is not a commonly recognized crime.

Question 10

"White-collar crime" is a term used to describe various types of unlawful, nonviolent conduct committed by corporations and individuals including theft or fraud and other violations of trust committed in the course of the offender's occupation.

Accepted Answer

The statement accurately describes the definition of white-collar crime.

Question 11

Very few larcenies are simple cases of theft with a few complications or surprises.

Accepted Answer

Larcenies often involve a range of complexities and surprises, including the methods used to commit the theft, the nature of the items stolen, and the circumstances surrounding the crime.

Question 12

A thief cracks a safe to gain access to the contents within the safe. The cracking of the safe constitutes the act of larceny itself.

Accepted Answer

The act of cracking a safe is not larceny itself, but rather the act of theft. Larceny is the unlawful taking of someone else's property without the use of force or breaking into a locked space.

Question 13

It is a crime for a person to receive stolen property, even if that person did not actually steal the property.

Accepted Answer

It is illegal to receive or possess stolen property, regardless of whether or not the person actually stole it. This offense is commonly known as "receiving stolen property" or "possession of stolen property."

Question 14

In Foreman v. United States, the District of Columbia Court of Appeals reversed and remanded the case based on the fact that the prosecution failed to provide proof to the jury that the act included a value of $250 or more.

Accepted Answer

This statement is true. In Foreman v. United States, the court found that the prosecution had not provided sufficient evidence to prove the value of the stolen property was over $250, which was a necessary element of the crime charged. As a result, the court reversed and remanded the case for a new trial.

Question 15

What is a blanket term describing the many varieties of products attributable to human intellect?

Accepted Answer

Intellectual property is a blanket term that describes the many varieties of products attributable to human intellect, such as inventions, literary and artistic works, and symbols, names, and images used in commerce.

Question 16

Ashley is a clerk for a department store. She is responsible for receiving payment from customers for goods purchased. Because of a drug habit Ashley needs more money than she makes. Therefore, she begins keeping half of the cash she receives from customers and covers her tracks by reporting the sale of a lesser item. Ashley may be charged with extortion.

Accepted Answer

Ashley may be charged with theft or embezzlement, but not extortion. Extortion involves the use of threats to obtain money or property from another person.

Question 17

What is another name for identity theft?

Accepted Answer

Identity theft is also known as identity fraud.

Question 18

Some jurisdictions criminalize "larceny by trick" as a crime distinct from false pretenses.

Accepted Answer

Some jurisdictions differentiate between larceny by trick and false pretenses as separate crimes. Larceny by trick involves the use of deception to obtain possession of someone else's property, while false pretenses involves using false statements or misrepresentations to obtain ownership of the property.

Question 19

What relationship do forgery and uttering share in a criminal act?

Accepted Answer

Forgery involves the creation of a false document while uttering involves passing or using a forged document as if it were genuine. The two crimes are often committed together as part of the same criminal act.

Question 20

Sam buys a home from George and finances the home through the Mistletoe National Bank. Sam agrees to and signs papers alleging that he will make all the payments required on the loan. Actually, Sam has no intention of making the payments. He simply discovered a way to have a nice home cheaper than paying rent. He knows he will be changing jobs in six months and leaving the area. This act is known as false pretenses.

Accepted Answer

The answer of Sam buys a home from George and...

Quiz 11: Theft and Analogous Offenses