THEFT AND EMBEZZLEMENT

M. ReidCalifornia Criminal Law Concepts Chapter 16

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THEFT DEFINED

• §484. (a) Every person who shall feloniously ____,

• take, carry, lead, or drive away the personal property of another,

• or who shall fraudulently appropriate property which has been ________ to him or her, or …

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steal

entrusted

THEFT (Continued)

• Who shall _________ and designedly, by any _____ or fraudulent representation or pretense, • _______ any other person of

money, labor or real or personal property...

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falseknowingly

Defraud

“THEFT” (LARCENY) OR“PETTY THEFT”

Is there a difference? • PC 484 Theft or “larceny” is defined• PC 486 Degrees of Theft

Theft is divided into two degrees,o ______ Thefto ______Theft

• PC 488. Petty Theft Defined:Theft in other cases (other than

PC 487, is petty theft.

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PettyGrand

CREDIT/ACCESS CARD THEFT

§484e. (a) Every person who, with intent to defraud, sells, transfers, or conveys, an access card, without the cardholder’s or issuer’s consent, is guilty of:

_____ _____

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Grand Theft

COUNTERFEIT ACCESS CARDS

§484f. (a) Every person who, with the intent to defraud, designs, makes, alters, or embosses a counterfeit access card or _____ or otherwise attempts to use a counterfeit access card is guilty of:

_______6

Forgery

utters

VALUE CAN EQUATE TO GRAND THEFT (PC

484g)If the value of all money, goods, services and other things of value obtained in violation of this section exceeds _____ in any consecutive ___-month period, then the same shall constitute grand theft.

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$950six

LOST PROPERTY

485. One who finds lost property under circumstances which give him knowledge of or means of inquiry as to the true ______, and who ___________ such property to his own use, or to the use of another person not entitled thereto, without first making reasonable and just efforts to find the ______ and to _______ the property to him, is guilty of _____

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theft

ownerappropriates

owner restore

DEGREES OF THEFT 487 PC GRAND THEFT

487. Grand theft is theft committed in any of the following cases:

(a) When the money, labor, or real or personal property taken _______ a value of _____

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exceeds $950

SPECIFICS OF 487 PC• (1) (A) When domestic fowls,

avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops are taken of a value exceeding _____

• (2) When fish, shellfish, mollusks, crustaceans, kelp, algae, or other agricultural products are taken from a commercial or research operation which is producing that product, of a value exceeding _____

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$250

$250

Continued

• (3) Where the money, labor, or real or personal property is taken by a servant, agent, or employee from his or her principal or employer and totals:

_____ or more in any ___ consecutive month period

• (c) When the property is taken from the ______ of another

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12$950

person

487d PC

(d) When the property taken is an

_________________

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Automobile Firearm

VC§ 10851 AUTO THEFT

Any person who drives or takes a vehicle not his or her own, without the consent of the owner thereof, and…

With intent either to ___________ or __________ deprive the owner thereof of his or her title to or possession of the vehicle,

Whether with or without intent to _____ the vehicle... note: includes “joyriding” since that’s “temporary”

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temporarily permanently

steal

PC§ 499b. “JOYRIDING”

Any person, without permission of the owner… takes:

________, motorboats or _______This does ____ include cars

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not

Bicycles vessels

MISCELLANEOUS OFFENSES

§487e. Every person who feloniously steals, takes, or carries away a dog of another… which isof a value exceeding 950 is guilty of grand theft

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“PETTY LARCENY”

• §490.1. (a) Petty theft, where the value of the money, labor, real or personal property taken is of a value which does not exceed ____

• May be charged as a misdemeanor or an infraction, at the discretion of the prosecutor, provided that the person charged with the offense has no other theft or theft-related conviction

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$950

VALUE ISSUE§ 493. If the thing stolen is any ticket or other paper or writing entitling or purporting to entitle the holder or proprietor thereof to a passage upon any railroad or vessel or other public conveyance, the price at which tickets entitling a person to a like passage are usually sold by the proprietors of such conveyance is the ____ of such ticket, paper, or writing

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value

RECEIVING OR POSSESSION OF STOLEN PROPERTY

§496. (a) …buys or receives any property that has been stolen or obtained in any manner constituting theft or extortion,

________ the property to be so stolen or obtained, or

Who ________, sells, withholds, or aids in concealing, selling, or withholding any property from the owner, knowing the property to be so stolen or obtained…

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Knowing

conceals

STEALING AN AIRCRAFT

§499d. Any person who operates or takes an aircraft not his own, without the _______ of the owner thereof, and with the intent to either permanently or temporarily _______ the owner of his title to or possession of such vehicle, whether with or without intent to _____ the same; Felony

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consent

deprive

steal

§532. (A) THEFT BY ______ PRETENSES

Every person who knowingly, by any false or fraudulent representation or pretense, ________ any other person of money, labor, or property, whether real or personal, punishable in the same manner and to the same extent as for larceny of the money or property so obtained

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FALSE

defrauds

EMBEZZLEMENT

§503. Embezzlement is the fraudulent

___________ of property by a person

to whom it has been _________

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Appropriation

entrusted

“MISAPPROPRIATION” EQUALS EMBEZZLEMENT

§508. Every clerk, agent, or servant of any person who fraudulently appropriates to his own use, or ________, with a fraudulent intent to appropriate to his own use, ____ property of another which has come into his control or care by virtue of his employment as such clerk, agent, or servant, is guilty of embezzlement.

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secretes any

You do ___ have to actually “take” anything to “Embezzle”

§509. A distinct act of taking is ___ necessary to constitute embezzlement

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not

not

WHAT ABOUT “RESTORING” THE LOSS?§512. The fact that the accused intended to restore the property embezzled, is ___ grounds for a defense or mitigation of punishment,

if it has not been restored before an __________ has been filed

or an _________ found by a grand jury, charging the commission of the offense

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not

informationindictment

DEFRAUDING AN INNKEEPER

§537. (a) Any person who obtains any food, fuel, services, or accommodations at a hotel, inn, restaurant,...etc. ,

absconds, or

surreptitiously, or by force, menace, or threats, removes any part of his or her baggage there

with the intent not to pay for his or her ____ or ______________

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food accommodations