Exam 9: Theft,Fraud,and Related Offenses

Jed picks the pocket of Fred and scores $60,Fred's driver's license,and all of Fred's credit cards.Jed has committed felony theft.

Should a statute be enacted clarifying an individual's responsibilities upon discovery of lost or mislaid property? What might be the elements and penalty for failure to comply with the proposed law?

The worth of stolen property,and thereby the penalty level,is determined by the fair market value of the item at the _________ and _________ of the theft.

Amanda is shopping in the local discount store.She observes a blouse she likes.However,the blouse is more than she is willing to spend.Amanda takes the blouse into the dressing room and puts it on.She then puts on her own blouse to conceal the new one.As she approaches the exit to the store,Amanda is stopped by store security personnel.Amanda has committed:

Under the Texas Penal Code,the penalty for certain forms of theft is greater than for other forms.For example,theft of which of the following items is always a felony regardless of the value of the item?

Credit card abuse can be committed only if the offender uses the actual credit card of another person without the owner's effective consent.

The presumptive penalty for a violation of the theft statute is determined by calculating the object's fair market value minus reasonable depreciation.

Warren operates a second-hand furniture store.He knowingly sells stolen goods in conjunction with his legitimate business.When police discover the illegal activity,Warren will likely be charge with _________.

On his computer,Steve creates a perfect copy of a cashier's check for $1,000,000,payable to him.He prints the check,mounts it in a frame,and hangs it on his bedroom wall.Steve has committed forgery only if his intent is to use the check to ________ or harm another.

Under Texas law,theft of a single head of cattle is a ________ level offense.

Chelsea,a 22-year-old,is addicted to heroin.She frequently steals items to resell in order to get money to support her addiction.One day she takes her grandmother's $825 Social Security check and signs the grandmother's name on the back.She then gives the check to Freddie,her boyfriend,who agrees to try to cash it.At the bank,the teller becomes suspicious of Freddie when he presents the check.The teller refuses to cash the check and summons the bank security guard.The guard detains Freddie until the police arrive.The most serious offense,if any,Freddie has committed is:

In the apartment house trash dumpster,John discovers various financial documents relating to Mary and her assets.In the material is her Social Security number,bank account numbers,and other identifying information.John uses the information to withdraw cash from Mary's bank account and to buy a new television set in her name by using her credit information.In the course of impersonating Mary,John has likely committed which of the following offenses?

Kevin and Hillary go out to eat to celebrate their first wedding anniversary.They go to the most expensive restaurant in town and order the most expensive items on the menu.When the waiter brings the bill,the evening's food and beverage costs total $450.Kevin places several pieces of play money in the folder containing the bill and he and Hillary walk out of the restaurant.They are long gone by the time the waiter realizes that the money is not real.However,one of the other waiters recognized Kevin as a former high school classmate.The police are called and told of the incident and Kevin's identity.The most serious offense Kevin has committed is:

If a check is rejected by the bank due to nonsufficient funds in the account,the appropriate criminal charge,if any,is forgery.

The penalty for theft may be enhanced if the perpetrator of the theft is a public servant.

Jack is a homeless individual who is down on his luck.A thunderstorm comes up late one night and Jack is looking for a place to sleep out of the rain.He spies a delivery truck parked in an alley behind a business.Jack determines that the truck is unlocked.He climbs into the cab of the truck just before the rain begins.Jack goes to sleep.The next morning,the truck's owner sees Jack,who is still asleep,and calls the police.It would be appropriate for the responding police officer to arrest Jack and charge him with:

The actus reus of the Texas theft statute is a(n)____________.

Penny is walking through the mall parking lot when she observes a checkbook lying on the ground.Penny picks up the checkbook,examines it,and places it in her purse.She then enters the mall to do her Christmas shopping.At the jewelry store,Penny purchases a pair of $700 diamond earrings.She withdraws the found checkbook and writes a check for the purchase price.She signs the name of the person whose name is imprinted on the checks.The clerk,who is quite busy due to the Christmas shoppers,asks,"Is everything on the front of the check correct?" Penny laughs and responds,"As far as I know." Penny departs with the earrings.After the bank rejects paying the check,a review of the store surveillance tape results in the identification of Penny.The most serious offense Penny has committed is:

The penalty for theft is enhanced to the next penalty level if the victim is a(n)____________ person.

Warren operates a tow-truck service and automotive salvage yard.He also earns extra cash by dealing in stolen auto parts.He knowingly purchases the stolen parts,places them in his salvage yard among the legitimate parts,and then sells the stolen parts to customers who believe the parts are from wrecked vehicles that Warren has purchased.Warren is committing the offense of: