PA_2010_1st_Theft

PA Laws 2010 - January Local Case Theft Scenario 2010 Theft 2010 Questions


 * Robbery and Theft **

 ** Robbery ** ** - ** Offense Defined: A person is guilty of robbery if while committing a theft they inflict serious bodily injury to another person or threatens them or intentionally puts them in fear of immediate serious bodily injury, commits a first or second degree felony or forcibly takes property from another person. - Grading: Robbery where a person inflicts bodily injury upon another person is a 2nd degree felony and if a person forcibly takes property from another person it is a 3rd degree felony, unless stated otherwise all other offenses are 1st degree felonies

** Robbery of motor vehicle: ** If a person is seen taking or stealing a motor vehicle from another person in their presence or the presence of the person in lawful possession of that motor vehicle is a 1st degree felony

** Grading of theft offenses ** - Felony of the second degree - -Theft is a 2nd degree felony if it is committed during a manmade disaster, natural disaster, or a war caused disaster - Stolen firearm - If the receiver of stolen goods is in the business of buying or selling stolen property - Any amount of stolen anhydrous ammonia - Felony of the third degree - If amount exceeds $2,000 or the property stolen is a motorized vehicle, airplane, or boat or the receiver of stolen property is in the business of buying or selling stolen property - Other grades - Any other offenses are first degree misdemeanor if the amount involved is more than $50 but less than $200 or if the amount is less than $50 its is a third degree misdemeanor - Valuation - The amount involved in theft shall be paid back in full within a reasonable time after the crime

** Arrest without warrant ** A law enforcement officer shall have the same right of arrest without a warrant for any theft no matter what the grade

** Theft by unlawful taking or disposition: ** a.) Taking movable property intentionally. b.) Or having unlawful control over non-moveable property that the person is not entitled to.

** Theft by deception ** : a.) Obtaining by deception. 1.) Creates/reinforces false impressions as to law, value or other state of mind. 2.) Prevents one from acquiring information that could affect judgment. 3.) Failing to correct false impression that they have previously created or influenced. b.) Exception is when something is said that is false that has no effect on any judgment or anything important.

** Theft by extortion ** a) Intentionally obtains or withholds property of another by threatening to: 1) Commit another crime 2) Accuse anyone of a criminal offense 3) Expose any secret tending to cause hatred, contempt or ridicule of any person 4) Take or withhold action as an official, or cause an official to take or withhold action 5) Bring about or continue a strike, boycott or other collective unofficial action, if the property is not demanded or received for the benefit of the group whose interest the actor purports to act 6) Testify or provide information or withhold testimony or information with respect to legal claim or defense against another 7) Inflict harm that would not benefit the actor b) Defenses - it is a defense to the prosecution if the property obtained was honestly claimed as restitution or indemnification for harm done

** Theft of lost property mislaid or delivered at the wrong location by mistake. ** The person is at fault if he/she fails to go to reasonable measures to try and restore property to its rightful owner.

** Receiving stolen property ** a) If a person is guilty of theft if they intentionally receive, retain, or dispose of movable property of another knowing that it has been stolen, or believing that it has probably been stolen, unless the property is received, retained, or disposed with the intent to restore it to the owner

** Theft of services ** (a) Acquisition of services: 1 - A person is guilty of theft if he intentionally gets services that are available by compensation and by deception or threat avoids payment for the service. 1.1 - A person is guilty of theft if he intentionally obtains or attempts to obtain telecommunication service by an unlawful device or without consent of the service provider. 2 - Repealed 3 - A person is not guilty of theft of cable television service if they subscribe to and receives the service through and authorized connection. 4 - When compensation for a service is ordinarily paid upon getting the service and payment is refused it is presumed that the service was obtained by deception as to intention to pay. (b) Diversion of services - A person is guilty of theft if, having control over the disposition if services to others that he is not entitled to, and knowingly diverts services for his own benefit. (c) Grading: 1 - Summary offense when the value of the services obtained or diverted is less than $50. 2 - See section 3903 when the value of the services obtained or diverted is $50 or more. 3 - Amounts involved in theft of services committed in a course of conduct, whether from the same person or several persons, may be collected in determining a grade of the offense. (d) Inferences 1 - Any person who tampers with a public utility meter may be reasonably inferred to have acted to avoid making full compensation of the public utility meter service. 2 - Any person having possession of a tapped, altered, or tampered with transmission line, may be reasonably inferred to have acted to tapped, altered, or tampered with the transmission line to obtain cable television without making full compensation. (e) Sale or transfer of device or plan intended for acquisition or diversion - A person is guilty of a third degree misdemeanor if he sells, gives, or otherwise transfers to others a service that he is not entitled to give. (f) Restitution - The court may, in addition to any other sentence authorized by law, sentence a person convicted to make restitution. (g) Civil Action - A telecommunication provider aggrieved by a violation of this section may, in civil action in any court, obtain appropriate relief. (h) Definitions - The following words and phrases, as used in this section, are given the following meanings: SERVICE - includes, but is not limited to; labor, professional service, transportation service, the supplying of hotel accommodations, restaurant services, entertainment, cable television service, the supplying of equipment for use ad the supplying of commodities of a public service nature such as gas, electricity, steam and water. UNAUTHORIZED - payment of full compensation for service has been avoided, or has been sought to be avoided, without the consent of the supplier of the service. TELECOMMUNICATION SERVICE PROVIDER - a person or entity providing service: including, but not limited to, cellular, paging or other wireless communications company or other person who, for a fee, supplies the facility, cell site, mobile telephone switching office, or other equipment or telecommunication service. TELEPHONE SERVICE or TELECOMMUNICATION SERVICE - includes, but is not limited to, any service provided for a charge or compensation to facilitate the origination, transmission, emission or data of any nature by telephone, including cellular telephones, radio, photo electronic or photo-optical system. UNLAWFUL TELECOMMUNICATION DEVICE - Any electronically serial number, mobile identification number, personal identification number or and telecommunication device that is capable or has been altered, modified, programmed or reprogrammed alone or in conjunction with another device to acquire service without consent of the provider.

** Theft by failure to make required disposition of funds received ** a) Person who obtains property upon agreement, or subject to a known legal obligation, to make specified payments or other disposition, is guilty of theft if they intentionally deal with the property and fails to make the required payment or disposition. b) Presumptions- an officer or employee of the government or of a financial institution is presumed: 1) To know any legal obligation relevant to the criminal liability under this section 2) To have dealt with the property as their own if they fail to pay or account upon lawful demand or if an audit reveals a shortage or falsification of accounts

** Unauthorized use of automobiles and other vehicles: ** a.) Person would be guilty of a misdemeanor of the 2nd degree if he/ she proceeds to operate the vehicle, automobile, airplane, motorcycle, motorboat, or any other motor propelled vehicle without consent of its rightful owner. b.) Defense: that the owner would have in fact consented had he/she known of the act prior to it happening.

** Retail Theft ** a) A person is guilty of retail theft if they: 1) Take possession of, carry away, transfers or causes to be carried away or transferred, anything displayed, held, stored or offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the possession, use or benefit of such merchandise without paying the full retail value 2) Removing, altering, or transferring any indicia of value or any other markings which aid in determining value affixed to any merchandise and attempts to buy the merchandise personally or in consort with another at less than retail price and the intend to deprive the merchant of the full retail value 3) Moves any displayed merchandise, held, stored or offered for sale by any store or other retail mercantile establishment from the container its in or switch said merchandise to any other container with intent to deprive the merchant of full retail value 4) Under-rings with the intention of depriving the merchant of the full retail value 5) Destroys, removes, renders inoperative or deactivates any mechanism designed to prevent an offense under this section b) Grading -- i) Summery Offense for the first offense and the value or the merchandise is less than $150 ii) 2nd degree misdemeanor for the second offense ad the value of the merchandise is less than $150 iii) 1st degree misdemeanor for the first or second offense and the value of the merchandise is $150 or more iv) 3rd degree felony for 3rd or subsequent offense, regardless of the merchandise value v) 3rd degree felony when the amount involved exceeds $2,000 or if the merchandise involved is a firearm or motor vehicle 1.1) Any person convicted under subsection (a) of retail theft of motor fuel may, in addition to any other penalty imposed, be sentenced as follows: i) First offense fine of not less than $100 more than $250 ii) Second offense fine of not less than $250 nor more than $500 iii) Third or subsequent offense fine of not less than $500 to the court may suspend license for 30 days 2) The amounts involved my be used to determine the grade of the offense c) Presumptions -- Any person who intentionally conceals un-purchased merchandise of any store shall be presumed to have concealed the merchandise with the intent to deprive the merchant of the possession or benefit of such merchandise without fully paying for the merchandise c.1) Evidence -- The conviction shall not be avoided just because the prosecution cannot produce the stolen merchandise d) Detention -- A peace officer, merchant or merchant's employee or an agent under contract with the merchant may detain a person in a reasonable manner for a reasonable time on or off the premises if they have probable cause that a person has or is committing retail theft Purposes for detaining -- i) Require the suspect to identify self ii) Verify identification iii) Possession of un-purchased merchandise taken from store iv) Recover any stolen merchandise found v) Inform peace officer or institute criminal proceedings against suspect e) Reduction prohibited -- No magisterial district judge has the power to reduce any other charge of theft to retail theft g) Fingerprinting -- Any defendant 16 years of age or older shall be submitted for fingerprinting within 5 days prior to the commencement of trial or entry of plea and used to determine if the defendant has been charged with retail theft before

** Library Theft ** (a) Offense defined - A person is guilty of library theft if he willingly takes anything belonging to a library or museum, without authority, while still on the premises. (b) Grading 1 - Library theft: i - Summary offense if it is a first offense and the value of the material is less than $150. ii - Second-degree misdemeanor if it is the second offense and the value of the material is less than $150. iii - First-degree misdemeanor if it is a first or second offense and the value of the material is greater than $150. iv - Third degree felony if it is a third or subsequent offense, regardless of the value of the material. 2 - Amounts involved in the library thefts, whether from one library or several, may be collected in determining the grade of the offense. (c) Presumption - A person, who willingly takes anything belonging to the library or museum, may be presumed to have taken the material with the intention of keeping it as his own. (d) Detention - An employee with probable cause to believe that someone has committed theft is allowed to detain the person: 1 - To conduct an investigation to determine if the person was trying to take material. 2 - To inform a peace officer of the detention and surrender custody of the person detained to the peace officer. (e) Exemption from liability - Any employee who detains a person on probable cause will not be held civilly or criminally liable for false arrest of the person detained. (f) Public display of law - A copy of this section will be publicly displayed to bring attention of patrons. (g) Prior offenses - Before the trial of the defendant, an issuing authority needs to determine whether or not the defendant has been convicted of other library theft offenses. (h) Fingerprinting - After conviction, the defendant has five days to fingerprints. (i) Definitions - The following words and phrases, as used in this section, are given the following meanings: CONCEAL - To hide material so that, although there may be some notice, it is not visible to ordinary observation. LIBRARY - A place of public records. LIBRARY OR MUSEUM MATERIAL - Anything in the custody of the library or museum. PREMISES - Includes, but not limited to, the library or museum and designated parking areas for the library or museum.

** Unlawful Possession of retail or library theft instruments: ** a.) Person commits misdemeanor while knowingly possesses, manufactures, sells, offers, in any way. b.) Conceal: like hiding merchandise from a library, so a person can't normally see it. "Full retail value": Stated advertisement of the full price. "Library" Any library be it public or whatever. You cannot take their educational material. "Library or museum material." any book, plate, picture, photograph, engraving, painting, drawing, map, newspaper, magazine, pamphlet, broadside, ect. Merchandise: Goods and stuff. Merchant: An owner or seller of Merchandise and other goods. Store or other retail mercantile establishment: a location in which these goods can be seen. Theft detection deactivation device: A tool or device to prevent people from stealing these goods. 1.) to take goods from these Merchants and use them to benefit yourself. 2.) To convert a library to benefit ones self

** Theft of unplublished dramas and musical compositions ** If a person publicly presents for profit without permission of the author of any unpublished dramatic play or musical composition 