Replies to post #62719 on Ngen Technologies Holdings Corp. (fka NGRP)

[tchalla]

Statutes
Penal Code Section 155.00 et seq.

Elements of Larceny
The accused, when stealing the property, had the specific intent to either:

Cause the property to be withheld from its owner permanently or for such an extended period as to significantly decrease its worth or benefit; or
To exercise control over the property (or enable a third person to do so) permanently or for such an extended period as to reap the major portion of its worth or benefit.
Statutory Definition of "Property"
Any money, personal property, real property, computer data, computer program, thing in action, evidence of debt or contract, or any article, substance or thing of value*, including any gas, steam, water or electricity, which is provided for a charge or compensation.

*Value of the property is determined by its market value at the time and place of the crime, or the cost of replacement of the property within a reasonable time after the crime.

Defenses
Owner's consent
Claim of right made in good faith
Reasonable belief in truth of threat (for extortion)
Truth or ambiguity of statement (for obtaining property by false pretenses)
Petit Larceny: Classification and Penalties
Class A misdemeanor; up to 1 year in prison, fine of up to $1,000

Grand Larceny: Classification and Penalties
Property exceeding $1,000 in value: class E felony; up to 4 years in prison (min. 1 yr.), plus fines*
Property exceeding $3,000 in value: class D felony; up to 7 years in prison (min. 1 yr.), plus fines
Property exceeding $50,000 in value: class C felony; up to 15 years in prison (min. 1 yr.), plus fines
Property exceeding $1,000,000 in value: class B felony; i[ tp 25 years in prison (min. 1 yr. to 1/3 of the maximum sentence given)
*Fines are typically double the value of the property taken or $5,000, whichever is greater

Note: Check the statute for additional conditions that may give rise to a particular charge.