... overpayment at this point would constitute theft under Nevada law. Conner, however, refused to retu... believed Conner had committed the requisite actus reus for theft, a reasonable jury could find that ...
... accomplice liability, having to do with the actus reus of being an accomplice, not its mens rea. Put..., I have committed the actus reus of theft. In such cases, it is my agency that is involved, ...
[...] the methods and manifestations of identity theft are ever increasing in their diversity. THE FAMILIAR MODEL OF TRADITIONAL THEFT CRIME CLASSIFICATION In order to effectively make the case that identity theft statutes should be re-crafted to more closely resemble the framework by which traditional theft crimes are delineated, it is first necessary to note the basic classifications delineated by that framework and the basis upon which those delineations are made.\n68 Another benefit lies in the fact that society at large - i.e., citizens oüier dian defendants - enjoys a greater predictability in criminal law, as imprecision largely precludes predictability.69 By imprecisely labeling an identity-related crime "theft" when it meets traditional requirements for, and may be more accura...
..., the verb consistendy used to describe the actus reus of identity theft is simply "obtain." This pr...
COURT OF SPECIAL APPEALS Commercial Law
...Roper, 445 U.S. 326 (1980). Criminal Law. Theft. BOTTOM LINE: Juvenile, who was found not guilty o...The concern is more with the actus reus than with the mens rea. The question is where...
... of knowledge with respect to the crime's actus reus (here, the taking of property of another by ...Congress is free to outlaw bank theft that does not involve asportation, and it hardly w...
.... [2] A crime's actus reus requirement is an important consideration. Ho... removable because his conviction was not a "theft offense" under the INA. Id. at 818. The Court reje...
On appeal, Crish argues that her plea was involuntary because the trial court failed to ensure that she understood the nature of the charges against her; that the trial court erred in allowing the State to amend Count III of the indictment; that her guilty plea as to Count III of the indictment was ineffective to establish guilt because the indictment was defective for failing to contain the proper aggregation language required by R.C. 2913.61(C)(4); that she was denied effective assistance of counsel; that her sentencing pursuant to Foster violated due process as an ex post facto law; that her sentence violated R.C. 2929.14(B) because the trial court failed to make the necessary findings for imposition of a non-minimum sentence; that her plea was not knowing, voluntary, and intelligent...
... indicted Crish on two counts of aggravated theft, equal to or exceeding $100,000, in violation of R... of the indictment, which had omitted the actus reus and mens rea elements of the offenses due to ...
Theories of coercion exist across multiple disciplines to explicate the ability of one actor, the coercer, to diminish the free will of another, the coercee, in the absence of overt physical force. A valid claim of coercion places legal blame on the coercer or relinquishes the coercee from legal responsibility for a coerced act or omission. Defining the point at which coercion occurs, however, is the conceptually more difficult task. Recently, coercion has emerged as a significant source of analytic concern in a developing area of the law-contemporary involuntary labor or human trafficking. It is in this setting where coercion is explicitly codified as a fundamental legal element in human-trafficking crimes. However, the laws addressing human trafficking continue to struggle with deline...
In addition to requiring subjective culpability, criminal offenses typically involve two objective features: action and harm. In the paradigmatic case, both features are present, but criminal law also allows for liability where either of them is absent. Rules governing omission liability enable punishment where the offender performs no act, while rules defining inchoate crimes (such as attempt) impose liability where the offender causes no harm. In different ways, these two sets of rules establish the minimum threshold of objective conduct-to use the classic term, the minimum actus reus-required for criminal liability. The absolute floor for a criminal actus reus, then, would be defined by the intersection of these two sets of rules. The prospect of liability for "inchoate omissions"-i...
... not D2 has attained her end by her act of theft. Similarly, if D1 is arrested before [s]he has eat...
...-related crime--sometimes known as "identity theft" or "identity fraud" (15)--has deep roots in human... identification, but specifies that if the actus reus occurs during or in relation to one or more o...
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