Explain what the elements are for Identity Theft and how they differ from the elements of...

Explain what the elements are for Identity Theft and how they differ from the elements of Larceny.

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Following are the elements for Identity Theft and they differ from the elements of Larceny in following ways:

(A)Elements for Identity Theft:

1. Financial Identity Theft: Example - Credit cards

2. Driver’s License Identity Theft

3. Criminal Identity Theft: If the “new” owner of the ID commits a crime and is cited or arrested, he or she can make use of the stolen ID to give policemen a fake identity, resulting in a criminal record being created in that person's name.

4. Social Security Identity Theft: Identity thieves can make use of the SSN (Social Security Number) to defraud the government and steal off benefits meant for the victim.

5. Medical Identity Theft: This can be used to commit fraud involving health insurance and medical coverage.

(B)Elements of Larceny:

There are four main elements of larceny.

(i)Taking and Carrying Away: This element requires a person to take physical possession of the property in question by removing property from an owner.

(ii)Personal Property: For this element to be in place, the property must be tangible personal property, or items that can be seen, held, and felt. Under this requirement, intangible property such as labor and services, or rights under a contract, cannot be subject to larceny.

(iii)Without Permission from the Rightful Owner: If the property owner has given the person consent to take certain property, taking of that property is not larceny. For this element to be in place, the defendant must have used force, threats, or deceit to take the property from the owner. If the owner loans the person the property and that person fails to return it, this is theft rather than larceny.

(iv)Intent to Deprive the Rightful Owners of the Property Permanently: Intent requires that the person taking the property must believe that the property does not belong to them. If he mistakenly believe that he is the rightful owner of the property, it is not considered larceny, but theft. This element also states that the person taking the property must have no intent to return it. Even if he takes the property and sells it to a third party, it is considered larceny.

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Hayet Jeridi answered 5 months ago

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