§ 27:2.

Scope and meaning of particular terms

Rachel M. Kane, M.A., J.D. | Summary of Pennsylvania Jur

Search Details
Jurisdiction: Pennsylvania

Delivery Details
Date: February 24, 2018 at 8:14 PM
Delivered By: thomas shaffer
Client ID: SHAFFER
Status Icons:

© 2018 Thomson Reuters. No claim to original U.S. Government Works.

§ 27:2.Scope and meaning of particular terms, 5A Summ. Pa. Jur. 2d Criminal Law §...

5A Summ. Pa. Jur. 2d Criminal Law § 27:2 (2d ed.)

Summary of Pennsylvania Jur | January 2018 update

Criminal Law
Part Four. Particular Crimes Against Property
Chapter 27. Theft and Related Offenses
Rachel M. Kane, M.A., J.D.

I. In General

§ 27:2. Scope and meaning of particular terms

Topic Summary | Correlation Table | References

West's Key Number Digest

• West's Key Number Digest, Larceny 1

A.L.R. Library
• What is "Property of Another" Within Statute Proscribing Larceny, Theft, or Embezzlement of
Property of Another, 57 A.L.R.6th 445
• Cat as subject of larceny, 55 A.L.R.4th 1080
• Embezzlement, larceny, false pretenses, or allied criminal fraud by a partner, 82 A.L.R.3d 822

Except where additional definitions are contained in specific statutory provisions, or the respective contexts
of such provisions, indicate otherwise, the following words and phrases have, unless the context clearly
indicates otherwise, the meanings set forth below. 1 The word “deprive” means: 2

(1) to withhold property of another permanently or for so extended a period as to appropriate a major
portion of its economic value, or with intent to restore only upon payment of reward or other
compensation; or
(2) to dispose of the property so as to make it unlikely that the owner will recover it.

“Obtain” means: 3

© 2018 Thomson Reuters. No claim to original U.S. Government Works. 1

§ 27:2.Scope and meaning of particular terms, 5A Summ. Pa. Jur. 2d Criminal Law §...

(1) to bring about a transfer or purported transfer of legal interest in property, whether to the obtainer
or another; or
(2) in relation to labor or service, to secure performance thereof.

The word “firearm” means any weapon that is designed to or may readily be converted to expel any projectile
by the action of an explosive or the frame or receiver of any such weapon. 4

“Property” means anything of value, including real estate, tangible and intangible personal property,
contract rights, choses in action and other interests in, or claims to, wealth, admission or transportation
tickets, captured or domestic animals, food and drink, electric or other power. 5 In order to constitute the
subject matter of a theft, an item must have value. 6

Illustration:

Items that have been held to constitute "property" for the purposes of theft offenses include checks having
the amount to be received filled in and bearing the signature of the maker, 7 and a performance bond
representing an insurer's promise to pay. 8

“Movable property” means property the location of which can be changed, including things growing on,
affixed to, or found in land, and documents although the rights represented thereby have no physical
location. 9 “Immovable property” is all other property. 10

The phrase “property of another” includes property in which any person other than the actor has an interest
that the actor is not privileged to infringe, regardless of the fact that the actor also has an interest in the
property and regardless of the fact that the other person might be precluded from civil recovery because
the property was used in an unlawful transaction or was subject to forfeiture as contraband. 11 Property in
possession of the actor is not deemed property of another who has only a security interest therein, even if
legal title is in the creditor pursuant to a conditional sales contract or other security agreement. 12

Abandoned property, being that to which an owner has relinquished voluntarily all rights, title, claim, and
possession with the intention of terminating ownership, but without vesting it in any other person, and with
the intention of not reclaiming further possession or resuming ownership, possession, or enjoyment, cannot
be the subject of larceny. 13

A “financial institution,” within the definition of the theft statutes, includes a bank, insurance company,
credit union, building and loan association, investment trust, or other organization held out to the public
as a place of deposit of funds or medium of savings or collective investment. 14

“Government” means the United States, any state, county, municipality, or other political unit, or any
department, agency or subdivision of any of the foregoing, or any corporation or other association carrying
out the functions of government. 15

Westlaw. © 2018 Thomson Reuters. No Claim to Orig. U.S. Govt. Works.

© 2018 Thomson Reuters. No claim to original U.S. Government Works. 2

§ 27:2.Scope and meaning of particular terms, 5A Summ. Pa. Jur. 2d Criminal Law §...

Footnotes
1 18 Pa.C.S. § 3901.
2 18 Pa.C.S. § 3901.
3 18 Pa.C.S. § 3901.
4 18 Pa.C.S. § 3901.
5 18 Pa.C.S. § 3901.
6 Com. v. Favinger, 358 Pa. Super. 245, 516 A.2d 1386 (1986).
7 Com. v. Favinger, 358 Pa. Super. 245, 516 A.2d 1386 (1986).
8 Com. v. Edwards, 399 Pa. Super. 545, 582 A.2d 1078 (1990).
9 18 Pa.C.S. § 3901.
10 18 Pa.C.S. § 3901.
11 18 Pa.C.S. § 3901.
12 18 Pa.C.S. § 3901.
13 Com. v. Wetmore, 301 Pa. Super. 370, 447 A.2d 1012 (1982).
As to the abandonment of property, generally, see Sum. Pa. Jur. 2d, Property §§ 12:8
to 12:48.
14 18 Pa.C.S. § 3901.
15 18 Pa.C.S. § 3901.

End of Document © 2018 Thomson Reuters. No claim to original U.S. Government

Works.

© 2018 Thomson Reuters. No claim to original U.S. Government Works. 3