What constitutes theft under Penal Code 484?

Prepare for the ACSO Reserve Basic Course 2 Exam. Engage with flashcards and multiple choice questions with hints and explanations. Achieve your goals!

The definition of theft under Penal Code 484 is primarily focused on the act of taking someone else's personal property without their consent. This means that if an individual takes property belonging to another person, intending to deprive the owner of it, this act qualifies as theft. Consent is a critical element in this definition; without it, the act constitutes an unlawful taking.

The other options, while they touch upon theft-related concepts, don't fully encapsulate its legal definition. For example, taking property with the intent to sell might imply theft, but the legal basis rests on the lack of consent from the owner. Similarly, the notion of "permanently borrowing" is misleading, as it suggests that there may be an intention to return the property, which would not satisfy the requirement of intending to permanently deprive the owner of it. Finding and keeping lost property can also be complicated, as it may not be theft if the finder genuinely believes they are entitled to keep it, or if there are procedures in place to return lost property. Hence, taking another's personal property without the owner's consent is the clear and unambiguous definition of theft as outlined in Penal Code 484.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy