There are different types of theft. Shoplifting the most common type of theft which means stealing something from a store so that one does not have to pay for it. Other types are snatch and run, till tap, taking by failure to return an item, using someone else's credit or debit card without their consent, looting, taking money that was mistakenly delivered, deliberately taking property that was already stolen before, theft of service or trade secrets, tampering with identification numbers, retail theft, cargo theft, etc.(Anderson & Gardner, 2015, pp. 366-367). However, the seriousness of the crime depends on the value of the item that was stolen. For example, if a person steals something from another and the value of the stolen item is less than a hundred dollars, according to Texas Penal Code, it is considered a Class C misdemeanor. If the value of the item stolen is between $100 and 750 dollars, the crime is a Class B misdemeanor. However, if the value of the property stolen from another is less than one hundred dollars but the person has previously convicted of another theft, it would also be considered as a Class B misdemeanor. It is considered a Class A misdemeanor if the value of the object or property stolen is between $750 and 2,500 dollars. It is a state jail felony if a person steals an item or property and the value of the stolen property is more than 2,500 dollars and less 30,000 dollars. In addition, if the value of the stolen property is more than $30,000 and less than 150,000 dollars, such crime would be considered as a felony of the third degree. A second-degree felony if the value of the property of another is more than 150,000 dollars and less than 300,000 dollars. The crime would be considered as a felony of the first degree if the value of the property stolen is three hundred thousand dollars or more, Offenses against property.
The elements of Actus Reus, which means "guilty act" of larceny or theft can be "taking" or "carrying away" of the property stolen from another. However, the property must be moved from its original place. Even if the property is slightly moved, actus reus can be proven and the person can be convicted of the crime. The element of Mens Rea which means "guilty mind" of larceny would be the intention of depriving someone permanently of their property. Extortion means that a person obtains property from another by use of force or by threats of future harm, while on the other hand, embezzlement means "wrongfully appropriating money or property entrusted to one for one's own use" (Anderson & Gardner, 2015, pp. 365). Signing a false or fake name on a check which does not belong to the person is called a crime of forgery. Uttering is when a person tries to cash the forged check knowing that the check was useless and fake. Both forgery and uttering are considered felony crimes.
Yes, even though Melissa was not the one who actually stole the gaming system, Melissa would be guilty of stolen property because if a person receives stolen property, knowing it was stolen, commits a theft. Even if Joey tells Melissa that the gaming system "fell off the back of a truck" and Melissa still purchases the item, it would still be considered as a crime which is considered as a Class B misdemeanor, however, in court, it must be proven that Melissa knowingly purchased the stolen item.
Abandonment means "relinquishment or surrender of property or the rights to the property." Therefore, in the second scenario, the property was not abandoned. The furniture was still on her front lawn; her property and had no intentions of abandoning the furniture. However, some states permit the defense if the defendant had an honest, and reasonable belief that the property was abandoned. Maybe the man really thought that the owner did not need the furniture anymore and that it discarded. Holding the man accountable depends on the state laws and the fact finders (a Judge or jury) of the state.
how would you agree or disagree with this statement?