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Unit 2-2G
Theft, Fraud, related off
13
Law
Professional
10/16/2014

Additional Law Flashcards

 


 

Cards

Term
Theft
Definition
• No person…
• With purpose to deprive the owner of property or services…
• Knowingly…
• Obtain or exert control over either the property or services, in any of the following ways…
o Without consent of the owner or person authorized to give consent
o Beyond the scope of express or implied consent of the owner or person authorized to give consent
o By deception
o By threat
o By intimidation
(M-1 to F-1 based on $ value/substance taken/ and who property is taken from)
Term
Unauthorized Use of a Vehicle (Joyriding)
Definition
• Division A
o Knowingly…
o Without the consent of the owner or person authorized to give consent…
o Use or operate…
 An aircraft
 A motor vehicle
 A motorcycle
 A motorboat
 Other motor-propelled vehicle
• Division B
o Knowingly…
o Without the consent of the owner or person authorized to give consent…
o Use or operate
 An aircraft
 A motor vehicle
 A motorboat
 Other motor-propelled vehicle
o AND Remove it from this state OR
o Keep possession of it for more than 48 hours
(M-1 to F-2)
Term
Unauthorized Use of Property – Computer, Cable, or Telecommunication Property
Definition
• Division A
o Knowingly…
o Without the consent of the owner or person authorized to give consent…
o Use or operate…
o Property of another
• Division B
o Knowingly…
o In any manner and by any means, including, but not limited to, computer hacking…
o Gain access to, attempt to gain access to, or cause access to be gained to any…
 Computer
 Computer system or network
 Cable service
 Telecommunications device or service
 Info service
o Without consent
• Division C
o Knowingly…
o Gain access to, attempt to gain access to, or cause access to be gained to, or disseminate info gained from access to…
 LEADS
• Division D
o Knowingly…
o Gain access to, attempt to gain access to, or cause access to be gained to, or disseminate info gained from access to…
 OHLEG
(M4-F2)
Term
Telecommunications Fraud
Definition
 Having devised a scheme to defraud…
 Knowingly…
 Disseminate, transmit, or cause to be disseminated or transmitted…
 By means of a device…
 Any writing, data, sign signal picture sound etc…
 With purpose to execute or otherwise further the scheme to defraud.
(F-5 to F-1)
Term
Unlawful Use of Telecommunications Device
Definition
• Division A
o Knowingly…
o Manufacture, possess, deliver, offer to deliver, or advertise…
o A counterfeit telecommunications device…
o With purpose to use it criminally
• Division B
o Knowingly
o Manufacture, possess, deliver, offer to deliver, or advertise…
o A counterfeit telecommunications device…
o To use that device or allow that device to be used, or knowing or having reason to know that another person may use that device to…
 Obtain or attempt to obtain telecommunications service or info service with purpose to avoid a lawful charge for that service or aid or cause another person to obtain or attempt to obtain telecommunications service or info service with purpose to avoid a lawful charge for that service OR
 Conceal the existence, place of origin, or destination of a telecommunications service or information service
(F-5)
Term
Passing Bad Checks
Definition
• With purpose to defraud…
• Issue or transfer, or cause to be issued or transferred…
• A check or other negotiable instrument…
o Knowing it will be dishonored or…
o Knowing that a person has ordered or will order stop payment on the check or negotiable instrument
(M-1 to F-3)
Term
Misuse of Credit Cards
Definition
• Division A
o Practice deception for the purpose of procuring the issuance of a credit card, when a credit card is issued in actual reliance thereon OR
o Knowingly buy or sell a credit card from or to a person other than issuer
• Division B
o With purpose to defraud shall…
 Obtain control over a credit card as security for debt OR
 Obtain property or services with a credit card
o Knowing or having reasonable cause to believe that the card has expired or been revoked, or was obtain or is having used in a violation OR
o Furnish property or services upon presentation of a credit card, knwong that the card is being used in violation of the law OR
o Represent or cause to be represented to the issuer of a credit card that property or services have been furnished, knowing that the representation is false
• Division C
o Receive, possess, control, or dispose of a credit card…
o With purpose to engage in any of the above activities
(M-1 to F-2)
Term
Forgery
Definition
• Division A
o With purpose to defraud or knowing that the person is facilitating a fraud…
o Force any writing of another without the other person’s authority OR
o Forge any writing so that it purports…
 To be genuine
 To be the act of another
 To have been executed at a time or place or with different terms
 To be a copy of the original when no such original existed
o Utter, or possess with purpose to utter, any writing that the person knows to have been forged
• Division B
o Knowingly…
o Forge an ID card OR
o Sell or otherwise distribute a card that purports to be an ID card, knowing it to have been forged
(M-1 to F-2)
Term
Tampering with Records
Definition
• Knowing there is no privilege to do so…
• With purpose to defraud or knowing that the person is facilitating a fraud…
o Falsify, destroy, remove, conceal, alter, deface, or mutilate any writing, data, record, or computer software OR
o Utter any writing or record, knowing it to have been tampered with as provided above
(M-1 to F-3)
Term
Personating an Officer
Definition
• With purpose to defraud or knowing that he/she is facilitating a fraud OR
• With purpose to induce another to purchase property or service…
• Personate a law enforcement officer or an inspector, investigator, or agent of any governmental agency
(M-1)
Term
Unlawful Display of Law Enforcement Emblem
Definition
• When not entitled to do so…
• Knowingly…
• Display on a motor vehicle…
• The emblem of a law enforcement agency or an organization of law enforcement officers
(MM)
Term
Identity Fraud
Definition
• Division B
o Without the express or implied consent of the other person…
o Use, obtain, or possess…
o Any personal identifying info of another person with the intent to…
 Hold the person out to be the other person OR
 Represent the other person’s personal identifying info as the person’s own personal identifying info
• Division C
o Use, obtain, or possess…
o Any personal identifying info of another person with the intent to…
o Aid or abet another person in violating division B of this section
• Division D
o With intent to defraud…
o Permit another person to use the person’s own personal info
• Division E
o No person who is permitted to use another person’s ID info as described in division D shall..
o Use, obtain, or possess the other person’s personal ID info….
o With intent to defraud any person by doing an act identified in division B
(F-5 to F-1)
Term
Receiving Stolen Property
Definition
• Receive, retain, or dispose of property of another…
• Knowing or having reasonable cause to believe that the property has been obtained through the commission of a theft offense
(M-1 to F-3)
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