What is the penalty for theft by conversion?

Answer 1

Whether or not theft by conversion is a felony depends on the value of the theft. Generally, if the value is over 5,000 dollars, it is a felony. Some states have a lower value to qualify as a felony.

Answer 2

Ok, I am studying for the CA bar and this is my take on your question...cannot guarantee it is correct, but I think it is. If not, I welcome correction. I think the crime is actually "Larceny by Conversion". When Z commits a theft, he does so with the intent, at the time of taking, to permanently deprive. When you add theft/larceny by conversion, then the intent to defraud/permanently deprive does not form until later. Ex: I borrow your car to go to the store, intending only to go to the store. But then I decide later not to return it. The intent formed at a time in the future, not at time of taking, and now you are entitled to FMV. Hope this helps.

(My Background) I study the law because I like to keep my rights for MY use. I am not going to be a lawyer because that is a contract with the system to work in their best interest first, and the client is second (behind the law society, etc). That colors their work because they derive an income from being honorable to the contract and the society (affected by the Color of Money). Theft by conversion means it was taken and concealed or otherwise deprived (as mentioned above). The concealment (conversion that deprives the owner of the use of their property) is how the act of theft came to be. Up until the conversion, it was questionable (arguable) that a theft occurred. However, once the conversion (e.g. turning the property into something else) happens that is the proof of the theft. Without the Act (Actus Reus), the crime didn't happen.

Theft by concealment (e.g. hiding something like a security instrument such as stocks or bonds) is usually codified as a different style of theft. The various styles of theft are codified individually to help establish all the parts that clearly identifies that a theft occurred.

To be charged, there is an information (a form) that is filled out (by witness or Peace Officer) to make the claim that the particular style of theft occurred. That Information would contain the facts (or beliefs) to support that it occurred with specificity and particularity. (Very detailed and clearly matches the crime). "Mr. Z did take car and did commit Theft by Conversion when he (did stuff to it)".

Summary:

The various types of theft are "codified" into clear styles of criminal actions, such as Theft by Concealment, Theft by Conversion, etc. The purpose of the codification of each style of criminal action is to help match the actions to the criminal code. You might be a thief if you have done one of these 10 things. If it clearly matches one of them, they can charge you with that one. If it doesn't match, they will have more work to show that it generally fits some general "theft" action. It's easy to charge people with a clear template. Hence, the various styles of theft are a convenience for the law to identify a crime.

Answer 3

Theft by Conversion is also known as Utering and Publishing and simply issuing a bad check. It can also be listed under check fraud. Each state has slightly different procedures for dealing with this type of crime. It would be best to review the specific statutes in your state for the potential penalty. See the link below for help.

Answer 4

Yes. A specific example would be replacing a price tag on an expensive item to reflect a cheaper price.