Taking or conversion with intent to defraud is an element of stealing.

Required:
State FIVE tests of determining whether or not an accused has an intention to steal at the time of taking or converting a thing.

Tests for Determining Intent to Steal

  1. Control Without Consent: If the accused takes control of someone else’s property without the owner’s consent, it may indicate an intent to steal.
  2. Lack of Intention to Return: When the accused shows no intention to return the property to the rightful owner, it suggests an intention to permanently deprive the owner.
  3. Use of Deception or Fraud: If the accused obtained the property by deceit or fraudulent means, it points to an intent to defraud and steal.
  4. Secretive Behavior: Attempts to hide the act of taking or converting the property indicate an awareness of wrongdoing and intent to steal.
  5. Conversion to Personal Use: If the accused converts the property for their own benefit without permission, it demonstrates an intent to deprive the owner of their rights to the property.
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