Ld6 Study Guide

LD 6 PROPERTY CRIMES - KEY POINTS

6.01.EO1 Recall the crime elements required to arrest a suspect for theft.

To arrest a subject for theft, the necessary crime elements include:

• the taking and

• carrying away of

• personal property of another

• without consent

• with intent to permanently deprive the owner.

6.01.EO2 Recall the crime elements required to arrest a suspect for vehicle theft.

To arrest a subject for vehicle theft, the necessary crime elements include:

• the driving or taking of

• a vehicle not the person’s own

• without consent

• with intent to temporarily or permanently deprive the owner

• of title or possession of such vehicle.

6.01.EO3 Recall the crime elements required to arrest a suspect for defrauding an innkeeper.

To arrest a subject for defrauding an innkeeper, the necessary crime elements include:

• the obtaining of

• food, services or accommodations

• at a designated facility without paying

• with intent to defraud the proprietor or manager.

6.01.EO7 Recall the crime elements required to arrest a suspect for burglary.

To arrest a subject for burglary, the necessary crime elements include:

• the entry to a building or specified structure

• with the intent to commit

• theft or any felony.

6.01.EO8 Recall the crime elements required to arrest a suspect for possession of burglary tools.

To arrest a subject for possession of burglary tools, the necessary crime elements include:

• the possession of certain tools or

• knowingly making, altering or attempting to make a key or other instrument to fit or open the lock of a building without legal request,

• with the intent to break or enter into any specified structure,

• for the purpose of committing any misdemeanor or felony.

6.01.EO9 Recall the crime elements required to arrest a suspect for possessing or receiving personal property with altered serial numbers or identification marks.

To arrest a subject for possessing or receiving personal property with altered serial numbers or identification marks, the necessary crime elements include:

• any person who knowingly buys, sells, receives, disposes of, conceals or has in possession

• any personal property

• from which the manufacturer's serial number or any other distinguishing number or identification mark has been removed, defaced, covered, altered or destroyed.

6.01.EO10 Recall the crime elements required to arrest a suspect for receiving stolen property.

To arrest a subject for receiving stolen property, the necessary crime elements are:

• every person who knowingly

• buys, receives, conceals, sells, withholds or

• aids in concealing, selling or withholding,

• any property obtained by theft or extortion.

NOTE: If the person in possession of the stolen property is the thief, the correct charge is theft.

6.01.EO12 Recall the crime elements required to arrest a suspect for forgery.

To arrest a subject for forgery, the necessary crime elements include:

• the intent to defraud,

• make, utter, publish, pass or attempt to pass

• an altered, forged or counterfeit document or seal or

• signs an unauthorized or fictitious name.

6.01.EO14 Classify each crime as a misdemeanor or felony.

The crime of theft can be classified as either grand theft (a felony) or petty theft (a misdemeanor) depending on the value or type of the property stolen. The following table illustrates the categories of theft and their associated crime classifications.

Theft

Category Nature and/or Value of

Property Crime

Classification

Grand Theft Property value exceeding $400 Felony

Agricultural products exceeding $100 (e.g., domestic fowl, fruit, nuts, vegetables, etc.)

Aquacutural products exceeding

$100 (e.g., fish, algae, etc.)

Property taken over a 12 consecutive month period totaling $400 or more and taken by a servant, agent or employee of the owner

Property taken from the person of

another regardless of the value

Certain designated livestock regardless of the value (e.g., horses, cattle, sheep, etc.)

Motor vehicles and some livestock

Firearms

Petty theft with prior theft related

conviction