Theft and larceny are defined as stealing property of another with the intent to deprive the owner of possession. (Anderson & Gardner, 2015, p. 362).
The Texas Penal Code on chapter 31, section 31.02 talks about offenses that determine theft. It states a single offense superseding the separate offenses previously known as theft, theft by false pretext, conversion by a bailee, theft from the person, shoplifting, acquisition of property by threat, swindling, swindling by worthless check, embezzlement, extortion, receiving or concealing embezzled property and receiving or concealing stolen property.
Class C misdemeanor of the value of the property stolen is less than $100.
Class B misdemeanor is the value of property stolen is $100 or more but less than $750 or the value of the property is less than 100 but defendant have been previously convicted of any grade of theft.
Class A misdemeanor is the value of property stolen is $750 or more but less than $2,500.
A state felony if the value of the property stolen is $2,500 or more but less than $30,000, property stolen is a firearm, and property stolen from official ballots.
A felony of second degree if the value of the property stolen is $150,000 or more but less than $300,000.
A felony of the first degree if the value of the property stolen is $300,000 or more.
Mens rea means a guilty mind and actus reus is guilty act. In order to prove that these exist the defendant has to have the intention to take the property in that he knows he isn't entitled too. Actus reus is intentionally knowing in which the defendant's intent to steal the property. (Trespassory taking or carrying away) Mens Rea is the intent to permanently deprive the possessor of the property.
Extortion is the practice of obtaining something, especially money, through force or threats. In embezzlement is wrongfully appropriate money or property entrust to on for one's own use. (Anderson & Gardner, 2015, p. 365) Embezzlement the victim is unaware of that the crime is taking place until its known. As for extortion is the victim is required give the money away to the person who is threating them. Embezzlement goes on because the criminal can continue to do it, as long he/she doesn't get caught. As for Extortion once the criminal threatens the victim over the money, they can continue to use that intimidation to get piles of money.
Forgery is defined as the false making or the material altering of a document with the intend to defraud. Uttering is putting into circulation a check known to be worthless. Forgery is the making of a false document and uttering is passing off as something as real. Uttering refers to the act of knowingly using the forged document. Most common documents are checks, prescriptions and property orders on both forgery and uttering.
In the case with Melissa it is a crime and she is guilty. She may have not actual steal the gaming system but she knows about it. Some states it requires proof that the defendant new the device was stolen and other states don't require proof. Based on the Texas Penal Code receiving stolen property and the property was worth $200 it would be a Class B misdemeanor. If Joey tells her it fell off the truck and I don't think it changes the charges because Melissa knows that illegal to keep it. Melissa does the act of obtaining physical possession and control of the game. A person who finds lost property and promptly makes an attempt to return it to the true owner is not guilty of theft.
The furniture was not abandoned if it was still in the girlfriend's front lawn. The property has to be abandoned and if the owner cannot be located. Most states permit the defense if in fact the property was abandoned or the defendant had an honest, reasonable belief the property was abandoned. The men can still tell that clearly there was people still in that house and was not very smart to take the property.
how would you agree or disagree with this statement ?