Criminal Law, 2012 Bar — Question 15

MULTIPLE CHOICE

Is the crime of theft committed by a person who, with intent to gain, takes a worthless check belonging to another without the latter's consent? (A) Yes. All the elements of the crime of theft are present: that there be taking of personal properly; that the properly belongs to another; and that the taking be done with intent to gain and without the consent of the owner. (B) No. The taking of the worthless check, which has no value, would not amount to the crime of theft because of the legal impossibility to commit the intended crime. (C) Yes. Theft is committed even if the worthless check would be subsequently dishonored because the taker had intent to gain from the check at the time of the taking. (D) Yes. Theft is committed because the factual impossibility to gain from the check was not known to the taker or beyond his control at the time of taking.

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