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Bar Crim > 4) Crimes against Property > Flashcards

4) Crimes against Property Flashcards

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1
Q

theft crimes: things to analyze

A

1) how D obtained
2) what did D acquire
3) did D form intent to steal at SOME time while still in possession?

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2
Q

steal

A

permanently deprive

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3
Q

ways D could obtain property

A

1) trespass
2) delivery
3) trick

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4
Q

what D can acquire

A

1) custody
2) possession
3) title

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5
Q

when must D form intent to steal

A

any time before property is returned! not nec at moment of taking

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6
Q

intent temporarily deprive

A

not stealing! need permanent

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7
Q

larceny: def

A

unlawful taking of property in someone else’s possession, w intent to steal

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8
Q

embezzlement: def

A

unlawful conversion of property in your possession w intent to steal

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9
Q

theft by false pretenses: def

A

obtaining title to property owned by someone else through a fraud

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10
Q

larceny by trick: def

A

obtaining possession, but not title, through a fraud – w intent to steal

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11
Q

title: def

A

legal ownership, implies possession

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12
Q

possession: def

A

full dominion + control over the property (dn require title)

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13
Q

custody: def

A

physical control of property ins omeone else’s possession w/o full dominion over the property (possessor places strict limits on permissible use of the property)

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14
Q

defenses: trespassory taking, gain possession by fraud, lawful possession by unlawful conversion

A

1) genuinely believe it’s your property (even if unreasonable)
2) abandoned
3) claim of right

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15
Q

false pretenses: defense

A

no material reliance on false rep

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16
Q

larceny: elements

A

1) trespassory taking
2) and carrying away
3) of the tangible personal property
4) of another
5) w the intent to permanently deprive (steal)

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17
Q

larceny: trespassory taking: def

A

converting custody to posession

NOT converting possession to ownership (can’t steal something you already possess)

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18
Q

larceny: carrying away: aka

A

“asportation”

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19
Q

larceny: intent

A

specific intent crime – must have specific intent ot permanently deprive

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20
Q

intent to permanently deprive: ways to satisfy

A

1) intent to destroy
2) intent to hold for ransom
3) continuing trespass
4) recklessly exposes property to loss
5) abandoning stolen property even if hope returned ot rightful owner

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21
Q

intent to permanently deprive: continuing trespass: def

A

trespassory taking continues for the duration of the possession (so if changes intent later that can establish concurrence) – ok form intent ot steal later

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22
Q

intent to permanently deprive: does NOT satisfy

A

1) D’s honest (even if unreasonable) belief that property is his, abandoned, etc
2) D intends to return property to V
3) pawns + intends redeem
4) D intends to replace or pay for later

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23
Q

intent to permanently deprive: returning property

A

NO intent ot permanently deprive if D intends to return to V unconditionally, w/in reasonable time, and has ability to return – ok something unanticipated stops)

BUT IF D intended to permanently deprive at any time after taking, just returning it does not mean he’s not guilty of larceny! (giving it back does not erase prior intent ot steal)

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24
Q

embezzlement: elements

A

1) unlawful conversion or misappropriation
2) of the tangible personal property of another
3) by one who is already in lawful possession of that property

25
Q

embezzlement: conversion: def

A

transforming possession of someone else’s property to your own

established by: some action towards the property that seriously interferes w rights of owner

26
Q

embezzlement: conversion: exs

A 
selling
consuming
pledging
donating
discarding
heavily damaging
claiming title
(all seriously interfere w  rights of owner)
27
Q

embezzlement: conversion: not enough

A

slight movement or limited use

28
Q

ebezzlement: intent

A

specific intent crime

29
Q

embezzlement: intent/defense

A

can negate specific intent to steal if:

D has right to property OR intent to restore the exact property (can’t substitute!)

30
Q

robbery: def

A

larceny accomplished by force or threat of force

31
Q

robbery: elements

A

1) trespassory taking of personal property w intent to steal
2) taking must be from the person or presence of V,
3) taking must be accomplished by force or threat of force that places V in actual fear at time of the taking

32
Q

robbery: intent to steal: result/defense

A

honest mistaken belief of right negates intent

33
Q

robbery: elements: person or presence of V

A

area within V’s control

34
Q

robbery: elements: taking by force: how much?

A

can be slight force but must be more than is required jsut to move the property

35
Q

robbery: elements; force; when

A

must be contemporaneous with the taking

36
Q

obtaining property by false pretenses: def

A

D obtains legal title to the property by a fraud, then moves it

37
Q

obtaining property by false pretenses; elements

A

1) false representation of present or past material fact by D
2) which causes (need reliance) V to pass title to his property
3) to the D
4) who knows it is false
5) and intends thereby to defraud

38
Q

defense for specific intent crimes

A

voluntary intoxication

39
Q

obtaining properry by false pretenses vs larceny

A

if you own the property before you move it there’s no trespassory taking and it can’t be larceny (even if you got it falsely)

40
Q

larceny by trick: def

A

D obtains possession (but not title)
of personal property of another
by means of a rep or promise that he knows is false at the time he takes possession (need reliance on the promise)

41
Q

bad check: larceny by trick or thefy by false pretenses?

A

larceny by trick bc title doesn’t pass until check clears

42
Q

extortion, aka

A

blackmail

43
Q

extortion: def

A

obtianing property of another by use of threats of future harm to V or his property

varies by j whether or not V has to actually part with his property or if just threats enough

44
Q

receiving stolen property: elements

A

1) receiving solen property
2) known by D to be stolen
3) w intent to permanently deprive the owner

45
Q

forgery: def

A

fraudulent making of a false writing w apparent legal significance w the intent to make wrongful use of the forged document

alteration must be material

46
Q

arson: CL def

A

malicious acts that create a considerable risk of burning the dwelling of another

47
Q

arson: modern

A

same as CL but dnn to be a dwelling

48
Q

burglary: elements

A

1) breaking
2) and entering
3) of the dwelling house of another
4) at night (old)
5) w intent to commit a felony therein

49
Q

burglary: breaking: CL

A

required some force to create an opening (not pushing door already open a crack)

50
Q

burglary: breaking: moden

A

includes even slightest enlargemtn of an opening

some js don’t even rquire breaking at all

51
Q

burglary: breaking: constructive

A

if D gains entry by fraud, deception, threat of force, that counts

52
Q

burglary: entering: def

A 
placing any portion of the body inside the structure
to ENTER (breaking to exit not enough)
53
Q

burglary: entering: CL

A

entrance of just a tool for purposes of entry insufficient

54
Q

burglary: entering: modern

A

using tool to take something out of the house after the breaking is enough for entry

55
Q

burglary: dwelling: CL

A

house where ppl live
(occupied or unoccupied)
includes curtilage structures

56
Q

burglary: dwelling; Modern

A

almost any structure even if not a dwelling

57
Q

burglary: at night: modern

A

usu not an element anymore

58
Q

burglary: intent to commit felony therein: def

A

specific intent

intent formed after entry INSUFFICIENT

59
Q

burglary: intent to commit felony therein: exception

A

once inside structure posible to “break” into a room w intent to commit felony in that room. that’s still burglary.

Bar Crim (6 decks)

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