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Topic: Intent to deprive


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In the News (Mon 4 Jun 12)

  
  Champion v. State. (12/29/95) ap-1451
Champion's intent to pawn the firearms was an intent to "pledge or otherwise transfer an[] interest in [Burton's] property" C an intent that constitutes "intent to deprive" under AS 11.46.990(8)(D).
That is, the State asserts that it was unnecessary to prove that Champion had an intent to permanently deprive Burton of his property; rather, Champion's intent to pawn the firearms was, by itself, the "intent to deprive" required to prove the crime of theft (and thus the crime of burglary).
Where the intent to return was contingent on payment of a reward or on repurchase by the owner, the jury was permitted to find an intent to deprive permanently on the theory that the objective was to deprive permanently if the owner refused to pay the reward or other demand.
www.touchngo.com /ap/html/ap-1451.htm   (7570 words)

  
 IN RE: RICHARD H. WYNN
The respondent’s conduct of settling a case without his client’s knowledge, his false representations to this client as to the status of her case, and false execution and notarization of his client’s signature on a release were in violation of Mass.
The respondent’s intentional misappropriation of client funds with intent to deprive the client of the funds and with actual deprivation resulting was in violation of Mass.
The respondent’s intentional misuse of client funds with intent to deprive the client of the funds and with actual deprivation resulting was in violation of Mass.
www.mass.gov /obcbbo/bd02-042.htm   (1125 words)

  
 Stolen bicycle parts in juvenile’s apartment admissible to show intent to deprive in bicycle robbery case (00-3-15
On July 5, 2000, the San Antonio Court of Appeals held that stolen bicycle parts were admissible under Evidence Rule 404(b) to show intent to deprive the owner of his property in a trial for bicycle robbery.
The State further contends that the dismantling of the complainant's bicycle is relevant to C.D.'s intent because it shows his intent not to return the complainant's bicycle once dismantled, thus contradicting C.D.'s claim that the whole incident was a joke.
These elements include: (1) in the course of committing theft; (2) and with the intent to obtain or maintain control of the property; (3) one intentionally or knowingly; (4) threatens; or (5) places another in fear of imminent bodily injury or death.
www.tjpc.state.tx.us /publications/reviews/00/00-3-15.htm   (2891 words)

  
 Massachusetts Shoplifting Laws: Shop Lifting crimes: Massachusetts Criminal Attorneys
While it is essential that the prosecution prove that the defendant intended to keep the property permanently, a prosecutor may rely on the jury to infer such intent from all the totality of the facts surrounding the alleged larceny.
The basic elements which the Commonwealth must prove under the larceny statute are (1) the unlawful taking and (2) carrying away (3) of the personal property of another (4) with the specific intent to deprive the person of the property permanently.
To prove the offense of larceny from a building, the Commonwealth must establish that the defendant (1) took or carried away property, (2) which belonged to another, (3) from a building that was protecting the property, (4) with the intent to deprive that person of the property permanently.
www.masscriminal-lawyers.com /pages/massachusetts_shoplifting.html   (1034 words)

  
 Theft
The actus reus of theft is usually defined as an unauthorised taking, keeping or using of another's property which must be accompanied by a mens rea of dishonesty and/or the intent to permanently deprive the owner or the person with rightful possession of that property or its use.
For example, if X goes to a restaurant and, by mistake, takes Y's scarf instead of her own, she has physically deprived Y of the use of the property (which is the actus reus) but the mistake prevents X from forming the mens rea (i.e.
Section 6 "with the intent to permanently deprive the other of it" is sufficiently flexible to include situations where the property is later returned.
www.brainyencyclopedia.com /encyclopedia/t/th/theft.html   (985 words)

  
 Theft - Voyager, the free encyclopedia   (Site not responding. Last check: 2007-10-17)
In the common law, theft is usually defined as the unauthorised taking or use of someone else's property with the intent to permanently deprive the owner or the person with rightful possession of that property or its use.
For example, in England and Wales, the Theft Act 1968 defines it as: "...the dishonest appropriation of property belonging to another with the intention of permanently depriving the other (the owner or person in lawful possession) of it".
In the case of the example given above within the terms of English and Welsh law the person acquiring the hat would prima facie be guilty of the criminal offence of theft for the following reasons.
www.voyager.in /Theft   (558 words)

  
 State High Court Clarifies Intent Element of Theft Charge
Robert D. Avery’s sentence was doubled under the three-strikes law, based on his 1983 Texas conviction for “burglary of a habitation with intent to commit theft.” The evidence of the prior conviction consisted solely of the charging, plea, and sentencing documents in the Texas case.
A 1993 Court of Appeal ruling, which held that an Oregon statute similar to Texas’ permitted a defendant to be convicted without intent to permanently deprive the owner of the taken property, was wrong, Chin said.
The requirement of intent to permanently deprive, Chin said, is based on the common-law understanding of what constitutes a felonious taking.
www.metnews.com /articles/aver011802.htm   (489 words)

  
 Imhoff & Associates, PC Criminal Defense Attorneys
Whereas the crime of larceny requires an intent to permanently deprive the owner of the possession, embezzlement only requires an immediate intent to deprive.
The Court disagreed with Parker’s argument that he did not have the required intent to permanently deprive the parties of their money.
The Court reasons that, by the language in the statute, the legislature has shown “in very clear terms that is the immediate breach of trust that makes the offense [of embezzlement], rather than the permanent deprivation of the owner of his property.” Id.
www.criminalattorney.com /pages/firm_articles_embezzlement.htm   (1018 words)

  
 Maurice Merleau-Ponty [Internet Encyclopedia of Philosophy]
Merleau-Ponty offers one particularly good example of the body as a means of communication, which also makes it clear that a subject-object model of exchange tends to deprive the existential phenomena of their true complexity.
Merleau-Ponty suggests that empiricism and intellectualism (the two logical outcomes of metaphysical thought), "are in agreement in that neither can grasp consciousness in the act of learning, and that neither attaches due importance to that circumscribed ignorance, that still empty but always determinate intention which is attention itself" (PP 28).
This emphasis upon consciousness in the act learning, is also what Dreyfus is intent on exploring in relation to Merleau-Ponty's philosophy, and he agrees that in the act of learning, consciousness is irremediably embodied.
www.iep.utm.edu /m/merleau.htm   (12785 words)

  
 George Blaisdell, Petitioner, v. City of Rochester, Respondent   (Site not responding. Last check: 2007-10-17)
All of his state claims were dismissed there except for his claim for conversion by the City of his personal property.
The Fifth Amendment expresses a principle of fairness and not a technical rule of procedure enshrining old or new niceties regarding “causes of action”— when they are born, whether they proliferate, and when they die.
Mills, supra (“It is pretty safe to assume that when the law may deprive a man of all the benefits of what once was his, it may deprive him of technical title as well.”).
www.certworthy.com /blaisdell.htm   (3906 words)

  
 Digital Copyright Terminology
The intent of Copyright is to encourage the creation of works so as to enrich society as a whole.
The act of stealing; specifically, the felonious taking and removing of personal property, with an intent to deprive the rightful owner of the same; larceny.
Note: To constitute theft there must be a taking without the owner's consent, and it must be unlawful or felonious; every part of the property stolen must be removed, however slightly, from its former position; and it must be, at least momentarily, in the complete possession of the thief.
www.digital-copyright.ca /copyright_jargon.shtml   (4465 words)

  
 HENRY (1129-1195) - Online Information article about HENRY (1129-1195)   (Site not responding. Last check: 2007-10-17)
had sought to deprive Henry the Proud of his duchies, and when the duke died in the following See also:
January 118o he was placed under the imperial See also:
ban at Wurzburg, and was declared deprived of all his lands.
encyclopedia.jrank.org /HEG_HIG/HENRY_1129_1195_.html   (1877 words)

  
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www.newnet.co.uk /aup   (1891 words)

  
 BelgiumDomains - ICANN Accredited Registrar
(v) Registration of a domain name with the intent to deprive a rightful holder of a trademark the value or benefit of that holder's use or possession of such trademark.
Should you fail to renew your domain name during any applicable grace period, whether such failure is intentional or not, BelgiumDomains may renew and thereafter transfer such name to itself or to a third party.
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www.belgiumdomains.com /agreement.htm   (5419 words)

  
 Specific and General Intent Crimes Lawyers & Legal Information
Specific and General Intent Crimes Lawyers and Legal Information
Find the Right Specific and General Intent Crimes Lawyers now:
If you are accused of a specific intent crime, the prosecution must prove that when you committed the crime you had the requisite intent or purpose.  This intent will be listed in the statute that defines the crime.  If you didn’t act with this intent or purpose, then you cannot be convicted of the crime.
www.legalmatch.com /law-library/article/specific-and-general-intent-crimes.html   (143 words)

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