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Understanding Theft and Related Offenses: Definitions, Grading, and Types

This chapter outlines the definitions and classifications related to theft and associated offenses. It explains key concepts such as deprivation, the distinctions between movable and immovable property, and the legal grading of theft based on value and circumstances. Various theft methods are examined, including theft by unlawful taking, deception, extortion, and handling stolen property. Definitions of disasters impacting theft charges and unauthorized use of vehicles are also included, providing a comprehensive view of theft laws.

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Understanding Theft and Related Offenses: Definitions, Grading, and Types

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  1. CHAPTER #39 THEFT AND RELATED OFFENSES

  2. 3901: DEFINITIONS • Deprive – withhold / unlikely re-cover • Financial Institution – public place of deposit • Movable Property – location can be changed • Immovable Property – all else

  3. 3901: DEFINITIONS • Property – anything of value tangible or intangible • Property of Another – belongs to someone else

  4. 3903: GRADING OF THEFT • F-2: disaster (3903d) including unlawful taking, receiving, auto theft, retail theft, firearms • F-3: +2000 dollars, vehicles, etc. or a “fence” • M-1: $200- $1999

  5. 3903 (con’t) M-2: $50 - $199 M-3: less than $50

  6. 3903 - Value determination Fair market value Appraised value If neither, less than $50

  7. 3903 - definitions • Man-made disaster:industrial, explosive, power failures • Natural disaster:hurricanes, storms, tornados, etc • War-caused disaster:attack on U.S. ex-plosive, nuclear, chemical, biological

  8. 3921: THEFT BY UN-LAW TAKING • Movable pro-perty: exercises control over • Immovable property: trans-fers or controls

  9. 3922: THEFT BY DE-CEPTION • Intentionally obtains or with-holds property of another by deception: false impressions physical / promise

  10. 3923: THEFT BY EX-TORTION • Intentionally obtains or withholds property of another by threatening to: • Commit another crime • Accuse another of a crime • Exposing a secret that would sub-ject another to hatred

  11. 3923 (con’t) • Take or withhold official action • Bring about or continue a strike, boycott if not for the benefit of group • Testify or without testifying with respect to claim of other • Inflict any additional harm

  12. 3924: THEFT OF LOST OR MISLAID PROP. • Take control of property of an-other knowing its mislaid, lost or falsely de-livered

  13. RECEIVING STOLEN PROPERTY • 3925 • Intentionally receives, retains, or disposes of movable property of another knowing that it has been stolen or believing it was stolen. • Renunciation: return to owner

  14. 3927 – Theft by failure to make required disposition of funds • Individual fails to make specified pay-ments and converts money to their own use • Presumption:if audit shows a shortage, per-son with responsibi-lity is charged

  15. 3928: UNAUTHORIZED USE OF AUTOMOBILE • M-2: operate a vehicle (wide variety) without consent of owner

  16. 3932 – Theft of leased property • A person who obtains leased property while purporting it to be his / her own • His / her own: sells, destroys, or converts it to his / her own use

  17. 3934: THEFT FROM MOTOR VEHICLE • Unlawfully takes control of property within a vehicle with intent to depri-ve • Grading: sub b

  18. Theft from Motor Vehicle • Grading: • 1. Less than $50: M-3 • 2. $50-$200: M-2 • 3. $201 higher: M-1 • Enhancement: 3rd or more in 5 years, regardless of value: F-3

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