Credit Card Crime
In a two to three 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).
Make sure you format your paper and cite all sources used in this paper appropriately according to APA style guidelines.
Grading Criteria AssignmentsMaximum PointsMeets or exceeds established assignment criteria40Demonstrates an understanding of lesson concepts20Clearly presents well-reasoned ideas and concepts30Uses proper mechanics, punctuation, sentence structure and spelling10Total
Ok, it is definitely still not clear. Read the passage below from State v. Leyda. This is directly from the case introduction:
We conclude that theunit of prosecutionfor identity theft is any one act of either knowingly “obtain[ing], possess[ing], us[ing], or transfer[ring] a means of identification or financial information of another person . . . with the intent to commit, or to aid or abet, any crime.” RCW 9.35.020(1). Applying this unit of prosecution to the facts of this case, we hold that Leyda’ssingle course of proscribed criminal conduct should not have been divided into multiple offenses by the State and that doing so violated double jeopardy principles. Thus, we reverse three of the four second degree identity theft convictions and remand for resentencing. We, however, affirm both third degree theft convictions.
Do NOT focus on aggregation of amounts. That is not the question.