Exam 9: Theft,Fraud,and Related Offenses

Julie is grocery shopping.She has her baby,Waldo,in the grocery cart.Waldo begins crying.To try to calm him down,Julie removes a box of animal crackers from the store shelf and gives a cracker to Waldo.Periodically during her shopping Julie gives Waldo another cracker to keep him quiet.When the cracker box is empty,Julie tosses it in a trash can.Upon checking out,she does not pay for the crackers.Which of the following is an accurate statement about this incident?

The elements of the Texas theft of service statute require that an individual intend to avoid payment for a service by securing performance of the service through deception,threat,or $\underline{ (\text { two words })}$ _.

Damon purchases a used car from Raoul by writing Raoul a check for $2,500,the full purchase price.Earlier in the day,however,Damon withdrew all of the cash from the account because he plans to drive this afternoon to Oklahoma for a new job.Damon has committed ___________.

In Texas,a theft occurs if an individual exercises control over property without the effective consent of the owner with the intent to deprive the owner of property.

Under Texas law,a person can be convicted of theft by acquiring stolen property without the state proving the existence of any culpable mental state.

Explain the difference between forgery of a check,theft by check,and issuance of a bad check.

If the bookkeeper for a business alters the company's financial records and diverts money to her own bank account,a Texas grand jury could properly indict the bookkeeper for the offense of embezzlement.

Without David's permission,Harley rides David's motorcycle to pick up his girlfriend Stella.When David discovers his motorcycle is missing,he notifies the police that the motorcycle has been stolen.Harley and Stella ride around for three hours before a police officer stops Harley for speeding and the officer realizes that the motorcycle has been reported stolen.Harley claims he was on his way to David's house to return the vehicle.Even if Harley is telling the truth,he can be appropriately charged with unauthorized use of a vehicle because he lacked the owner's ___ ______(two words)____ to operate the motorcycle.

Joan is arrested for driving while intoxicated.While searching her vehicle,the arresting officer discovers a dozen birth certificates for other persons as well as several partially completed applications for credit cards.The officer would correctly assume that Joan may be engaging in identity theft.

Falsely posing as somewhat famous rock singers,Malcolm and his girlfriend Lucy check into the Itzy-Ritzy Resort for a long holiday weekend.They enjoy the resort's food and beverage as well as the swanky accommodations.On check-out day the two depart without paying any of the bill.Under Texas law,which of the following statements is correct about this incident?

If Juan rides off on Javier's bicycle without Javier's permission,Juan has committed unauthorized use of a vehicle.

The offense of forgery applies only to items that meet the definition of a ___________.

To convict an individual for issuance of a bad check,the state must prove that the person _______ she lacked sufficient funds in the bank to cover the check.

College final exams are approaching.Eric and Mandy decide to have an end of semester party.They go to the liquor store and Eric buys two large kegs of beer.He gives the clerk a check drawn on his local bank account.The two invite all of their friends to their apartment and have a great time.Several days later the liquor store manager deposits Eric's check.The bank subsequently returns the check to the store marked "Non-sufficient funds." The store tries to contact Eric by telephone but with school finished,Eric has moved from his apartment and disconnected the telephone service.Eric has committed:

Knowingly leaving a restaurant without paying for the food violates the $\underline{ (\text { two words })}$ statute.

Joey buys a ticket to see the newest animated movie at the multiplex theater.After viewing this movie he spends the afternoon and early evening going from auditorium to auditorium watching other movies.Joey is observed by the theater manager who calls the police.Joey has committed $\underline{ (\text { two words })}$ .

Under Texas law,all forms of theft of property are consolidated into a single offense known simply as theft.

John attempts to purchase a new cellphone using a stolen credit card.The merchant rejects the card because it has been reported stolen.John's action,nonetheless,violates the credit card abuse statute.

The nonconsensual temporary use of an automobile ("joy-riding")is normally prosecuted using the theft of service statute.

Roderick's rent is due on his apartment.Unfortunately,Roderick has lost his job and is short on cash.The good news is he has a better paying job starting in two weeks.Roderick does not want to be evicted from the apartment so he mails a check for the rent to the landlord.Roderick knows he does not have enough money in the account to cover the check but figures that by the time the landlord shows up at his door demanding cash,he will have a new job and sufficient funds to pay the rent.At this point Roderick has committed: