FOCL Practice Test

Under Texas law, how are acts of shoplifting, swinging, receiving stolen property, and embezzlement formally charged?

1. Theft

2. Fraud

3. Misdemeanor

4. Robbery

The correct answer is: Theft

In Texas law, acts such as shoplifting, swinging (theft by swindle), receiving stolen property, and embezzlement are all categorized under the broader legal term of theft. This classification is crucial because it consolidates various forms of property crime under a single charge, allowing for a more streamlined legal approach to prosecuting these offenses. The term "theft" encompasses a wide range of activities involving the unlawful appropriation of someone else's property with the intention of depriving them of it. This definition includes the actions mentioned in the question, as each involves taking or unlawfully using someone else's property. By formally charging these acts as theft, Texas law simplifies the prosecution process and ensures that varying forms of property crime are dealt with uniformly, regardless of the specific method used to commit the offense. In contrast, fraud typically involves deception to gain an unfair advantage, while misdemeanors are a classification of crimes based largely on their severity, and robbery specifically refers to taking property from a person through force or threat of force. Therefore, these terms do not encompass the range of actions listed but rather describe different legal concepts and categories.