Counseling Chapter 13 Thirteen Theft Learning Objectives After Reading This Students Will Able

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CHAPTER THIRTEEN

THEFT

Learning Objectives

After reading this chapter, students will be able to:

2. State the “money” rule and why it is an exception to general property rules.

4. Define “property of another” as it applies to theft of jointly owned property.

6. Advise a hypothetical merchant on how best to proceed when a suspected shoplifter is

identified.

8. Distinguish between forgery and uttering a forged instrument.

9. Describe how a check-kiting scheme works.

Lesson Plan

Correlated to PowerPoints

I. General Property Concepts

Learning Objective 1: List the property concepts that underlie property theft crimes.

Learning Objective 2: State the “money” rule and why it is an exception to general property

rules.

“What If” Scenario

What if you take your car to the local automotive repair shop and have work done and do not

have enough money to pay the bill? What right does the repair shop have? What would the

best solution be?

A. Property is divided into two types: real property and personal property

B. Two important rights to property are (1) the right of ownership and (2) the right of

possession of the property

II. Theft or Larceny

Learning Objective 3: List four ways the taking element can be proved.

Learning Objective 4: Define “property of another” as it applies to theft of jointly owned

property.

Media Tool

Grand larceny vs. grand theft

http://geoffreygnathanlaw.com/grand-larceny-vs-grand-theft-sentencing/

o Attorney website discussing the differences between grand

larceny and grand theft in Massachusetts

o Discussion: What does the website say is the difference between

grand larceny and grand theft in Massachusetts? Is the difference

important? Why?

A. Essential elements of theft or larceny

2. of the property of another

4. with intent to steal and deprive the owner of possession of the property

“What If” Scenario

What if you leave your lawn mower in your backyard and your neighbor comes over to borrow

it when you are not home. He takes the mower but forgets to return it. When you notice it

gone you call the police and report it stolen? Has your neighbor stolen your lawn mower?

B. The taking

1. Taking refers to the act of obtaining physical possession or control of

another’s property

a. Direct taking, asportation

C. Defining what property can be stolen

1. Moveable property

2. Immoveable property

Class Discussion/Activity

If you were to define “value” of an item taken from a retail establishment,

would you use “market value” or follow the “replacement value” rule?

Why?

3. Value of property

a. The value of the property stolen, in most instances, determines

whether the charge is a misdemeanor or a felony

6-11

D. Property of another

2. The owner must testify that the taking was without consent

4. The Model Penal Code Section 233 (7) defines “property of another” to

5. Difficulties in identifying property

6. Abandoned property

a. The relinquishment or surrender of property or the rights to

property

Class Discussion/Activity

What circumstances might a prosecutor present at trial to establish that the

defendant took another’s vehicle with the intent to “permanently deprive

the owner of possession” as opposed to going for a short joyride?

E. Intent to steal

1. Theft or larceny requires a specific intent to deprive the owner of

possession of the property

3. Intent to permanently deprive owner of the property

4. Short-term borrowing can be a crime

“What If” Scenario

What if your girlfriend puts her furniture on her front lawn while she is having her carpets

shampooed in the living room? The carpet is not dry by nightfall and she leaves the furniture

outside overnight. That night a man pulls in front of her house and he and his friend put the

furniture in their truck and leave. The furniture is found by the police and the men who took

the furniture claim they thought it was abandoned. Was the furniture abandoned? Why/why

not?

III. Shoplifting – Assignment 2, 3

Learning Objective 5: Identify ways the taking requirement can be met in shoplifting.

12–15

Learning Objective 6: Advise a hypothetical merchant on how best to proceed when a

suspected shoplifter is identified.

Media Tool

How to beat shoplifting charges

http://www.youtube.com/watch?v=a1H6zVwVImg

o YouTube video by attorney sharing how to get out of shoplifting

charges

o Discussion: After reading the chapter do you agree with what the

attorney in the video says?

A. Shoplifting has the same essential elements as taking or larceny

2. of the property of another

4. with intent to steal and deprive the owner of possession of the property

B. Taking and carrying away in shoplifting

2. A taking of property in the self-service store context can be established by

evidence that a customer exercised control over merchandise wholly

inconsistent with the store’s continued rights

Class Discussion/Activity

With regard to store merchandise, what rights does a shopper have while

inside the store, and what rights are retained by the store owner? What

should be the result if store security stops a shopper who has selected for

purchase an item so small that it is “concealed” in her hand as she walks

throughout the store?

C. Proving the crime of shoplifting when the suspect has not left the store

1. Courts are virtually unanimous in holding that goods need not leave the

store for theft to occur

“What If” Scenario

What if you were working in a retail department store and on a hot July day, a woman

customer stated to you, “I suspect that young man of shoplifting.” She pointed at a young black

man wearing a jogging suit. You relayed the statement to the assistant manager of the store,

who confronted the young man and accused him of shoplifting in a voice overheard by other

people. The young man was detained, and the police were called. Did probable cause exist to

justify this action?

D. The requirement of probable cause based on personal knowledge

1. Customers are not to be treated like shoplifters until hard, firsthand

information demonstrates that shoplifting has occurred

Media Tool

Shoplifter caught stealing at Walmart

http://www.youtube.com/watch?v=0uXR5GlkKb8

o YouTube video of man being stopped for shoplifting at Walmart

o Discussion: Did the security guard in this video handle this

situation well? What could he have done differently?

E. Handling a shoplifting incident

1. Make sure you have probable cause and a good solid case before you

restrain the freedom of movement of a person for shoplifting

3. After a person is observed shoplifting, the following options are available

to store employees or a security officer:

4. If your state has a civil settlement of shoplifting law, you should know the

5. Consult a knowledgeable official

6. Absolute defenses

Class Discussion/Activity

If you owned a store would you prefer criminal or civil prosecution of

shoplifters? Which do you think would benefit you the most? Provide

reasons for your answer.

F. Criminal or civil prosecution of shoplifters?

1. Alternative options

a. For small amounts, very young or very old people, a warning may

be used

b. More than 30 states have passed laws giving merchants and

retailers authority to extract payments and fines from thieves they

iii. The shoplifter has a concealed weapon or illegal drugs

iv. The shoplifter causes considerable damage to the

merchant’s property

v. The shoplifter obstructs and hinders a law enforcement

officer

vi. The shoplifter has a long prior record of theft and/or has a

serious drug or alcohol problem

G. Other retail theft crimes

2. Undercharging by checkout clerk

4. Boosting

IV. Fraudulent Use of Credit Cards – Assignment 1

Learning Objective 7: Explain the ways credit card theft can be proved.

Media Tool

Protecting against credit card fraud

http://www.consumer.ftc.gov/articles/0216-protecting-against-credit-card-fraud

o Article on the Federal Trade Commission website on how to

protect against credit card fraud

o Discussion: What do you think is the best way to protect your

credit cards? How difficult is it for credit cards to be stolen? How

safe is your credit card/personal information?

A. Credit card theft and obtaining credit cards and bank cards for fraudulent use

1. Credit card theft occurs when a credit card is stolen, and every state has a

statute directed at such theft

2. The methods of obtaining credit cards for fraudulent use include:

a. Stealing

3. The card does not have to be stolen, just the number

4. Possession of a stolen credit card is theft even if it has not been used

Class Discussion/Activity

How does a check-kiting scheme work? Have technological advances

made check-kiting more difficult? Can you think of any ways that a person

determined to engage in check-kiting might be able to continue to commit

this crime?

B. Criminal use of bank cards and credit cards

2. Mostly used to purchase goods and services

16-17

3. Can also be used at ATMs

V. Check Violations Assignment 4, 5

Learning Objective 8: Distinguish between forgery and uttering a forged instrument.

Learning Objective 9: Describe how a check-kiting scheme works.

A. Bad checks are a constant problem for retail businesses and banks, as the crime is

easy to commit and the money losses are huge

1. The sheer volume of bad checks limits the number that can be investigated

and prosecuted

B. The crime of uttering

2. The crime of uttering a forged instrument is most often committed when a

person presents a forged instrument for payment

4. The crime of uttering can also be committed with counterfeit money or

“raised” bills

C. The crime of forgery

1. Forgery is committed when a person with an intent to defraud falsely

makes or alters a writing or document.

2. Forgery may be committed by:

a. Creating an entirely new false writing or document

b. Altering an existing document

c. Endorsing another person’s name

d. Filling in blanks over a signature of another

e. Types of forged documents include

D. Operations of check-forging rings

1. Check-forging rings operate in all large cities in the United States

a. Stolen checks or checks produced with a desktop computer

b. Checks are often forged by using names found on stolen

Media Tool

National Stolen Property Act – Goods, Wares, Merchandise

http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/crm01312.htm

o Resources related to the United States Attorneys website

o Discussion: What is important about this act? Why did it need to

be amended for forged checks? How can it be used by the United

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States Attorneys?

E. Passing forged checks and other counterfeit securities in interstate commerce

1. Congress amended the National Stolen Property Act (58 Statute 1178) by

also forbidding “falsely made, forged, altered or counterfeit securities” to

be used and passed in interstate commerce

Class Discussion/Activity

How does a check-kiting scheme work? Have technological advances

made check-kiting more difficult? Can you think of any ways that a person

determined to engage in check-kiting might be able to continue to commit

this crime?

F. Check kiting

1. Check kiting involves creating multiple checking accounts at multiple

2. The banking system in the United States has begun the process of

3. “Floats” are likely to become a thing of the past when full electronic

debiting comes into existence, and crimes such as check kiting may also

decrease

Lecture Notes

Chapter 13 introduces students to the fundamental elements of theft crimes and discusses

specific types of theft – shoplifting, credit card theft, bad checks, and forgery. The discussion

about theft related crimes is continued in Chapters 14 and 15. Theft offenses can be as simple as

Key Terms

theft or larceny – Stealing property of another with the intent to deprive them of possession. (p.

370)

372)

embezzlement – To wrongfully appropriate money or property entrusted to one for that person’s

own use. (p. 374)

shoplifting – Stealing goods from retail stores by concealment, generally on the person of the

defendant. Commission does not require removal of the goods from the store. (p. 380)

probable cause – Reasonable grounds to believe. (p. 382)

defamation – Injuring the character or reputation of another by oral or written communication of

false statements. Defamation consists of libel (written offense) or slander (oral offense). (p. 383)

Assignments

1. Re-read the section in the chapter regarding how persons use fraudulent credit cards to

gain access to account numbers or cards. Additionally, research information explaining

2. How are private security officers trained to handle a shoplifting incident? What types of

laws assist business owners in dealing with the issues involved in shoplifting situations?

3. Have students interview a person working in loss prevention. What are the policies for

apprehending a shoplifter? Does the store have certain guidelines or elements that the

loss prevention officer must follow? Does the store have a “hands off” approach to

shoplifters or can the loss prevention officers physically restrain a suspect? What are the

legal ramifications of this policy? [LO 5, 6]

4. Using the internet research the laws on uttering and forgery in your state. What are the

punishments? How is a punishment increased? Do you think that the punishments are

severe enough? What do you believe is the best punishment for this type of crime? [LO

5. Explain how a check kiting scheme works. Why is it that this crime will likely be reduced

Case Analysis and Writing Exercises

1. When a person rents furniture for home use from a rent-to-own company, the rental

agreement states that unless the renter elects to purchase the furniture, it must be returned at a

stated period, or at once in the event of a default in rental payment. If a renter misses several

payments, but does not return the rented furniture to the rental company, can the renter be

prosecuted for theft? If so, what must the prosecution prove? Do you think the prosecution

proved its case in State v. Latham, 970 N.E.2d 1169 (Ohio App. 2012)? Or do you think the

dissenting judge was correct?

2. If an elderly father puts his daughter’s name on his accounts at a bank and an investment

company as a “joint owner”, with instructions that she may deposit and withdraw funds from

the accounts, can the daughter be convicted of theft for such withdrawals? If so, under what

3. In Boyd v. Commonwealth, 357 S.W.3d 216 (Ky. App. 2011) the defendant was convicted of

possession of counterfeit currency under Kentucky law. (The federal crime of counterfeiting

is discussed in Chapter 15.) The elements of that crime include proof that the bills possessed

were counterfeit, and that the defendant possessed the bills with the intent to pass the bills

and defraud another person. Defendant had two counterfeit hundred-dollar bills in her purse.

How did the state prove the required “intent to pass” element? If you were the judge, would

you have reached the same result as did the court?

4. Degrees of theft often depend on the value of the stolen items. The higher the value, the

greater the offense and punishment. How is value to be determined? It is the state’s burden to

prove value, and a failure to do so will normally result in a not guilty verdict. If the owner of

the stolen goods must establish the value (as is often the case), how does he or she do that?

Consider the failure of proof of value of the prosecution in State v. Sanchez, 101 So.3d 1283

(Fla. App. 2012). What should it have done?