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Theft Archives

Theft of a motor vehicle

In the state of Pennsylvania, there is a distinction between theft of a motor vehicle and robbery of a motor vehicle. Theft by unlawful taking is defined under 3921 of the Pa criminal code. access device fraud It states that a person commits this offense if an individual is guilty of unlawfully taking, or exercising unlawful control over, movable property of another with intent to deprive thereof. Theft of a motor vehicle is a felony of the third degree and with it comes a sentence of up to seven years in a state prison. Motor vehicle robbery is defined under section 3702 of the Pa criminal code. It is defined as the stealing or taking a motor vehicle from another person in the presence of that person or any other person in lawful possession of the motor vehicle. This act is often referred to as carjacking and is a more serious offense than theft by unlawful taking. Carjacking is a felony of the first degree and is punishable by a sentence of up to 20 years incarcerated in a state prison.

Theft Insurance Fraud

Insurance fraud is a type of theft criminal offense that is perpetrated by an individual who has the intent to defraud another person, whether it be an agency, insurer, or self-insured individual. The statute for insurance fraud is written under section 4117 of the Pa criminal code. access device fraud The key component of the statute is that the state must prove beyond a reasonable doubt that the individual knowingly tried to defraud anyone. Under this statute there are a number of different ways an individual can attempt to defraud certain agencies. Certainly, the first thing that comes someone's mind when they hear insurance fraud is the depictions of it in mafia movies where the mobster blows up their restaurant and collects the insurance money. That is definitely a type of insurance fraud but there are many other listed acts that are far less exciting than the previously mentioned example. For instance, making false claims on any report that is going to an agency. Let's say an individual's house is burglarized and for insurance purposes they are asked to come up with a list of every item that was taken from their house. If they report anything that was not actually taken, they can be charged with insurance fraud.

Theft Crimes Unauthorized use of an Automobile

There are many statutes under Pennsylvania law dealing with Theft Crimes specifically Unauthorized Use of an automobile. They range from minor traffic violations to DUI to theft of an automobile. Drivers can also find themselves being charged with a motor vehicle violation if they are driving one that does not belong to them and they don't have the owner's permission to do so. burglary Officially, this is known as unauthorized use of an automobile and is defined under section 3928 of the Pa criminal code. This offense is considered a type of theft. Due to this fact, it is a misdemeanor of the second degree which can carry a jail sentence of up to two years. Built into the statute is an affirmative defense. The defense essentially is that the person operating the vehicle had a reasonable belief that the owner would have consented to them using the vehicle had the owner known about it. While it is a type of theft, it is considered a lesser offense than other types of vehicle thefts.

Theft Crimes Access Device Fraud

In the modern era, theft crimes like access device fraud are more prevalent as a result of services like Amazon which have opened up consumers to having their information such as their credit or debit card number being stolen. robbery This is commonly referred to as credit card fraud and can be a huge inconvenience for those have had this happen to them. Officially credit card fraud is written under title 18 section 4106 as access device fraud. An access device encompasses a whole host of various related items such as any card, including, but not limited to, a credit card, debit card and automated teller machine card, plate, code, account number, or personal identification number. In order to prove that a person is in violation of this statute, the Commonwealth must provide evidence that the person obtained property with the knowledge that the access device was fake, altered, canceled, revoked or that they did not have permission to use it.

Theft Crimes Burglary

It is a common misconception that in order to be charged with theft crimes such as burglary that the person must take a piece of property from a building in which they have entered. On the contrary, the prosecution does not need to prove that a person physically took a piece of property, only that they were in a building they did not have permission to be in and had intent to commit a crime when they entered that place. robbery Because intent to commit a crime is the most important factor that needs to be established in order to be convicted under this charge, a good defense against a charge of burglary is that there was no intent to commit a crime when the defendant entered. In that case, a related charge of simple trespassing or criminal trespass may apply better to that particular circumstance. While speaking of defenses for the charge of burglary, the statute itself has three built in defenses. The first defense that is stated in the statute is that the building or structure is abandoned. This means that a charge of burglary would not be appropriate in circumstances where the building in which a person did not have permission to be there was abandoned.

Theft Crimes Insurance Fraud

While almost all theft crimes deal with an allegation of a theft or burglary, there are crimes like Insurance Fraud which are somewhat different than generic theft crimes. access device fraud Insurance fraud is different than typical theft cases because the victim in insurance fraud cases is an insurance company. The victims in generic theft crime cases are typically individuals or businesses. Accordingly, insurance fraud cases are almost always prosecuted by the Attorney General's Office when the fraud is alleged to have occurred in the Commonwealth of Pennsylvania. Although there are many different types of fraud, insurance fraud deals with fraud committed to an insurance company. Common types of insurance fraud include automobile accidents, arson to a business or home, health care, and worker's compensation. These crimes are committed with the intent to collect money from an insurance company by falsifying events or incidents regarding an accident or damage. Some falsified incidents include one who exaggerated estimates of damage, underreported information, or creates false claims.

Understanding the Definitions of Theft and Theft Crimes

Theft Crimes come in various shapes and sizes so it can be difficult for criminal defendants attempting to gain an understanding of the definitions of theft under Pennsylvania Law. identity theft Chapter 39 under Title 18 lists all crimes related to these crimes. Specifically, Subchapter B under Chapter 39 individually lists the specific definitions of these separate offenses. There are different definitions of theft, as it can pertain to different things. These charges can pertain to the taking of items such as money and firearms and other types of movable property, deprivation of services, theft from financial institutions, governmental entities or businesses. Common charges include theft deprivation, taking from financial institutions, and the taking of property. Deprivation is defined as disposing of property, so the owner cannot retain it, and withholding property for a long period of time. Financial institutions theft involves institutions including banks, insurance companies, credit unions, loan associations, and investment trust. Theft of property can include anything of value including real estate, intangible and tangible personal property, and property rights.

theft

Pennsylvania law recognizes theft as a criminal offense. Theft is considered the unlawful seizure or depravation of another's property. There are many different types of theft due to there being multiple different way to take someone else's property. One type is the theft by unlawful taking, which is the unlawful taking of someone else's possessions to deprive a person of their property. Retail theft is defined as taking something from a retail establishment without paying full value for the item.  access device fraud Another type is theft by deception, which is withholding or obtaining someone's money or property by presenting false information, withholding information, or deceiving someone to gain their property. This may be confused with theft by extortion, but the difference is that extortion requires the person to withhold another person's money by threatening to accuse them of a crime. Theft does not always have to include physical property either; it could be for receiving services that cost money and then not providing necessary compensation for those services. Other types of theft include those of lost and stolen property.

Theft Crimes Theft from a motor vehicle

Theft Crimes such as Theft from a motor vehicle can have serious consequences on an individuals future. The charge of Theft from a motor vehicle is self explanatory. tampering with evidence In order to be convicted for this crime, the Commonwealth of Pennsylvania must prove the following criminal elements beyond a reasonable doubt. First, that the accused unlawfully takes or attempts to take possession of or carries away any movable property that does not belong to him. Second, that the accused takes this property which from a motor vehicle which does not belong to him. And finally, that the accused takes the property with the intent to deprive him the rightful owner of the property (i.e. keep the property with the intent of not returning it). The criminal elements and other specific details concerning the crime of Theft from a motor vehicle can be found in section 3934 of the PA Crimes in code under Title 18.

theft crimes forgery

Theft crimes can be very serious crimes. Chapter 41 of Title 18 of the Pennsylvania Crimes Code deals with various types of theft crimes and crimes of dishonesty. Specifically this section addresses forgery and fraudulent practices. § 4112 of the Pennsylvania General Assembly specifically addresses the act of receiving deposits in a failing financial institution.  robbery Any person that has any standing with the company and participates in the direction of a financial institution, such as an officer or manager can commit this offense. The specific offense is committed when a person receives or permits the receipt of a deposit, premium payment, or other investment in the institution, while having knowledge that the institution is facing financial difficulties and will suspend operations or go into receivership or reorganization. The receiving party also commits an offense when the person making the deposit or other payment is unaware of the precarious standing of the institution. When making any such transaction, the person making the deposit or payment must be told of the current status of the institution if the institution is indeed struggling, or if knowledge is known on the upcoming decisions of the failing institution.

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