What are elements of theft?
Auto Theft
Auto theft is the theft of a motor vehicle. Motor vehicles include the following: - Autos (cars)
- Trucks and buses
- Other motorized vehicles (including motorcycles, snowmobiles, golf carts and mopeds)
Petty Theft
Petty theft is the theft of anything with a value less than a specified money amount. In most states, theft of anything under a value of $400 is petty theft. Petty theft is usually a misdemeanor. Felony Theft
Felony theft, which may also be known as grand theft, is theft of anything over a specified value, usually over $400. As indicated by the name, this type of theft is a felony. Theft by Embezzlement
Embezzlement occurs when you appropriate property that has been entrusted to you for your own purposes. It is necessary that the property be acquired through a relationship of trust, also known as a fiduciary duty. For example, if you give your lawyer a deposit, it would be embezzlement for your lawyer to use that money for his own purposes. Theft by Deception
There are two kinds of theft by deception. One is called false pretenses and the other is known as larceny by trick. (Larceny is the same thing as theft). There is basically one small difference between the two. In false pretenses, there is usually a transfer of a title or deed whereas in larceny by trick the owner simply gives up possession (not ownership). - False pretenses - When you deceive someone into giving up possession and ownership of his/her property through some misrepresentation of the truth (i.e., lying), you have committed the crime of false pretenses. For example, if you lie to someone and tell them that you will pay $5000 for his/her car and they give you the car, with the pink slip, you have committed false pretenses.
- Larceny by trick - Unlike false pretenses, to commit larceny by trick you need all trick someone into giving possession of his/her property to you. For example, if you just tell a person you want to borrow his/her car and you don't get the pink slip (which is indicative of ownership), you have committed larceny by trick.
Theft by Possession
Theft by possession occurs when you have possession of stolen property. In order to be guilty of theft by possession, you must have possession of stolen property, know that it is stolen (or believe it probably was stolen), and meet the other elements of theft. There is also usually some monetary value that must be met (e.g., $400 in value). |
