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the taking and carrying away personal property of another without the consent of the owner with the intent to permanently deprive the owner |
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Theft is generally defined under Penal Code Section? |
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To arrest a subject for theft, the necessary crime elements include: |
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• the taking and • carrying away of • personal property of another • without consent • with intent to permanently deprive the owner. |
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NOTE: Not all thefts require “intent to permanently deprive” to violate the section, i.e. embezzlement and vehicle theft. |
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the ability to exercise a restraining or directing influence over something. Theft requires that the property that is taken be under the control of the person it was stolen from, not necessarily the owner of the property and that control is transferred to the thief |
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Property can be taken from: |
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Definition
• someone who is in rightful possession of it, • a person or place having lawful possession of the property, • someone who found the property or • someone who himself stole the property (since legally the property still belongs to the owner from whom it was originally stolen). |
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requires that the object must be held, carried or otherwise on the victim's person, not merely in immediate presence. |
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Penal Code Section 487(c) |
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Property taken from the person of another regardless of the value |
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(Penal Code Section 487(b)(3)) |
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Definition
Property taken over a 12 consecutive month period totaling $400 or more and taken by a servant, agent or employee of the owner |
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Term
Penal Code Section 487(d)(1)) |
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Definition
Certain designated livestock regardless of the value (e.g., horses, cattle, sheep, etc.) ( |
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