CRJ 122 - Chapter 11 Quiz

An object becomes abandoned property when the person who owns it voluntarily gives up permanent possession or ownership of it, such as by throwing it away

true

In the crime of joyriding, the state does not need to prove the defendant took the property without intent to permanently deprive

true

The crime of false pretenses deals with an owner being tricked by misrepresentation into voluntarily transferring title.

true

The distinction between robbery and extortion is that robbery is committed by a threat to do immediate bodily harm, whereas extortion is committed by a threat to do harm in the future.

true

To constitute larceny from a person, property that is on a person must be actually on the person, attached to the person, or held and carried by the person

true

To remedy confusion about different types of theft, many states have eliminated former common law distinctions and created a single term to cover everything.

true

What are the three essential elements of receiving stolen property

-having bought, received, or come into possession of property -with it having been stolen -they knew it was stolen

Give three examples of crimes that are covered under the broad category of theft.

-shoplifting -larceny -embezzlement

Name the four elements of larceny.

-taking and carrying away -of another person's property -without consent -with the purpose of stealing / permanently depriving the owner of that property

Name three essential elements of shoplifting, plus the additional element.

-willfully taking the possession of merchandise -without consent of the seller -with the intention of converting the goods and without paying for them -no intent to permanently deprive the store

A person commits forgery when he or she makes or utters a written instrument in such a manner that it purports that the document A: is created by another person B: is created with different provisions than it should have C: has the authority of one who did not give authority D: all are correct

D: all are correct

In the context of larceny, the owner of a stolen property must be able to positively identify the property as his or hers by A: providing the serial number B: identifying unique marks or scratches C: being able to prove ownership D: all are correct

D: all are correct

___ is an element of false pretenses. A: intent to defraud the owner of a property B: inducing an owner to part with both possession of and title to their property C: making of a material misrepresentation of fact D: all are correct

D: all are correct

Receiving means acquiring goods or property that has been stolen, and a(n) ___ is a professional receiver of stolen property. A: perpetrator B: principle C: instrumentality D: fence

D: fence

The distinction between extortion and robbery is that:

D: robbery is committed by a threat to do immediate bodily harm, whereas extortion is committed by a threat to do future harm

Joyriding is the unlawful ___ of a motor vehicle without the consent of the owner A: taking, using, or burglarizing B: drag-racing, using, or stealing C: driving, burglarizing, or operating D: taking, using, or operating

D: taking, using, or operating

Which of the following is one of the two common definitions of the crime of larceny from a person? A: the victim has proof of ownership in her or his possession when the larceny occurred B: the property was in a secure place that belonged only to the victim C: the property was in the immediate presence of the victim or their spouse D: the victim had actual possession of the property on their person

D: the victim had actual possession of the property on their person

___ is NOT an example of shoplifting. A: altering price tags in a clothing store B: concealment of merchandise at a market C: thefts of merchandise from a department store D: thefts of supplies from one's office

D: thefts of supplies from one's office

___ are related crimes, and modern statutes frequently use the terms interchangeably. A: extortion, blackmail, robbery B: larceny, robbery, theft C: larceny, false pretenses, and larceny by trick D: forgery, fraudulent making, uttering

A: extortion, blackmail, robbery

Courts generally hold that a "finder" has an obligation to give an item back to the owner if the item A: has substantial value B: has sentimental value C: is still intact D: had once been owned by a person

A: has substantial value

___ is the key element of embezzlement, just as taking is the key element of a larceny. A: misappropriation B: theft C: deprivation D: bribery

A: misappropriation

In larceny cases, which of the following is NOT an evidence that a defendant possessed the specific intent to permanently deprive the owner of a property? A: the defendant was in the habit of repeatedly taking and returning various items without warning B: the defendant tried to scratch out the owner's name on the property or replace it with his own name C: the defendant stated that he or she intended to keep the property D: the defendant had possession of the item for a short time

A: the defendant was in the habit of repeatedly taking and returning various items without warning

___ is NOT an element of embezzlement A: the intent to permanently deprive an owner B: the misappropriation of the property of another C: the intent to temporarily or permanently deprive an owner D: all are correct

A: the intent to permanently deprive an owner

Which of the following is NOT a technique that when used by a person to procure a genuine signature on a writing that has legal significance constitutes forgery? A: threats B: artifice C: trick D: other fraudulent devices

A: threats

Unauthorized use of a motor vehicle does NOT require that the ___. A: actor knowingly take control B: actor use an instrumentality C: control is taken without authority D: object taken is another person's vehicle

B: actor use an instrumentality

The relationship between a defendant and the stolen goods when it is reasonable to treat the extent of the defendant's dominion and control over the property as if it were actual possession is called ___ possession A: actual B: constructive C: unexplained D: mere

B: constructive

___ is defined as the unlawful taking or misuse of property by persons, typically employees, who lawfully come into possession of the property and . therefore do NOT meet the theft or larceny requirement. A: false pretense B: embezzlement C: extortion D: fraudulent making

B: embezzlement

___ is defined as the making or altering of a writing, with the purpose of deceiving or injuring, in such a way as to convey a false impression concerning its authencity. A: fraudulent making B: forgery C: Phishing D: conterfeiting

B: forgery

___ is defined as a felony charge for thefts of property worth more than a statutorily determined amount of money . (such as $1000) A: petty theft B: grand theft C: petit theft D: larceny

B: grand theft

When a perpetrator gains possession alone of a property and not the title, the crime is known as ___. A: embezzlement B: larceny by trick C: constructive possession D: extortion

B: larceny by trick

A ___ may have substantial value, but it could be difficult to identify the owner. A: purse containing cash and a driver's license B: wallet containing several credit cards C: $20 bill D: sports club ID

C: $20 bill

___ is one of the elements of the common law crime of extortion. A: a fee that is actually received by a private citizen B: seeking a lawful fee C: an unlawful fee collected under color of office D: none are correct

C: an unlawful fee collected under color of office

The taking and carrying away element of larceny does NOT include that the property taken must A: be tangible, or concrete, such as a ring or a check B: have value C: be worth greater than a set amount of money D: have an onwer

C: be worth greater than a set amount of money

Although it is easy to see the moral reprehensibility of blackmail, the crime presents a legal paradox because blackmail A: can be legal in certain circumstances B: involves the payment of money C: involves the threat to do something that the threatener has a legal right to do D: is only illegal when committed by public officials

C: involves the threat to do something that the threatener has a legal right to do

Identify a true statement about the crime of embezzlement A: the theft or larceny requirement of wrongfully obtaining a property is mandatory for the crime of embezzlement B: proof that a property actually belonged to someone is nonessential C: it is a statutory crime created to resolve common law inadequacies and involves a violation of trust D: a perpetrator needs to have intent to permanently deprive owner of the property

C: it is a statutory crime created to resolve common law inadequacies and involves a violation of trust

Larceny from a person differs from robbery in that robbery requires the additional element of A: a minimal property value B: permanently depriving the owner of property C: taking by fear or force D: using a weapon

C: taking by fear or force

A substantial movement of another person's property is required for a thief to exercise dominion and control over it.

false

Joyriding is usually committed by serious offenders, who take a car without permission and dismantle it for its part

false

Robbery differs from larceny from a person in that larceny from a person requires the additional element of taking by fear or force

false

The element of theft requiring that a perpetrator have the intent to permanently deprive an owner is an element of embezzlement.

false

The penalties for taking property from the person of another are usually lesser than those provided for simple larceny.

false

A person need not be in actual physical control of stolen property to be guilty if there is constructive possession.

true