CJ309 Credit Card Crime

Feb 3rd, 2012
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In a 2 page paper, please discuss the following: Assume a person accidentally picks up a credit card that is not theirs and uses the card in several instances. Can the person be charged with multiple violations of a state statute that makes it a crime to "knowingly obtain, possess, use, or transfer a means of identification or financial information of another?" Why or why not? See State vs. Leyda, 138 P.3d 610 (Wash. 2006).

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CJ309 Credit Card CrimeNameClassDateProfessorCredit Card Crime Identity theft is the fastest growing cyber crime in the nation and across the globe. When a person steals a credit card of another person and uses the credit card illegally they have stolen the identity of another person. In this scenario the criminal defendant unwittingly picked up the credit card of another person and used it four times. The question is first have they actually committed a crime and second can they be charged with multiple violations of a state statute that makes it a crime to "knowingly obtain, possess, use, or transfer a means of identification or financial information of another. In the first question state statue makes it a crime to knowingly obtain another person's credit card. The defendant in this case did not knowingly commit the crime. In order to commit a crime the crime must consist of two elements. These elements are mens rea (guilty mind) and actus reus (guilty act). If one element does not exist a crime has not been committed. In this scenario it can be difficult to prove the credit card was obtained unwittingly and used four times so the next questi

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