Indiana calls theft what?
Offenses against property (Class D Felony)
When can dishonesty be bought up?
Bought up in trial to prove dishonesty in one's character.
Crime that involves the unlawful acquiring or appropriation of someone else's property (Larceny, extortion, embezzlement, flase, pretenses, robbery, etc...)
- Not in Indiana
- Trespassory or wrongful taking of personal property of another.
- Back in the day it applied to livestock only.
- Builds on possession rather than ownership
Grand v. Petty Larceny?
Diff. $$ amount
Elements of Larceny?
- Trepassory/wrongful taking
- and carrying away (asportation)
- of the personal property of another
- w/ intent to steal
Larceny applies to...?
Tangible & Physical Property
A taking w/o the consent of the victim. (Crime of theft)
- law concerned w/ the relationship between an owner & one to whom the owner had entrusted his/her for purposes such as sale, storage, transport, repair, processing, or investment.
- Breaking the Bulk - doctrine giving protection when the entrusted person steals some of the goods.
- Slightest movement done in a "carring away" manner
- Palming - hiding items in your hands
Property of another?
- Can't steal your own property
- You have to have ownership, possession, and custody.
Claim of right?
Defense against a charge of larceny that consists of an honest belief in ownership or right to possession.
- Knowingly and unlawfully obtaining title to, and possesion of, the lawful property of another by means of deception.
- Not in Indiana (Fraud instead)