7. Crimes Against Property

Question 1

Larceny

Answer 1

The taking and carrying away of another’s tangible personal property without consent and with the intent to permanently dispossess the person of the property

Required elements:
♣ 1. Taking
Obtaining control or possession. If D already has possession at the time of the taking, it is not larceny (but may give rise to embezzlement)

♣ 2. Carrying away
slightest movement will suffice

♣ 3. Without consent
Against the victim’s free will. The use of fraud or duress negates consent

♣ 4. Intent to permanently dispossess
• must exist during taking

• Specific intent crime: not larceny if D takes property as security for a debt owed or believing it belongs to D.
o Finding a lost item: larceny can arise if the true owner is known or ascertainable and D decides to keep the propery.

Question 2

Embezzlement

Answer 2

o Fraudulent conversion of another’s personal property by one in lawful possession

o Requirement:
♣ 1. Fraudulent conversion
♣ 2. By one in lawful possession

o Special issues refuting embezzlement

♣ Intent to restore
• If D takes property with the intent to restore the exact property, no embezzlement has occurred
o Must be the exact same property; not even different monetary bills of equal value will suffice

♣ Claim of right
• Like larceny, embezzlement will not arise if the misappropriation is made under a claim of right to the property

Question 3

False Pretenses

Answer 3

♣ Obtaining title to another’s property using false statements of past or exisiting fact, with intent to defraud

Question 4

Larceny by Trick

Answer 4

♣ Obtaining possession of another’s personal property using false statements of past or existing fact

♣ Possession vs. ownership is the distinguishing factor:
• Larceny by trick: D acquires possession
• False pretenses: D acquires title

Question 5

Receipt of Stolen Property

Answer 5

Requirement:
♣ 1. Receipt of possession and control

♣ 2. Of stolen personal property
• property must have been stolen when D receives it

♣ 3. Known to have been illegally obtained by another

♣ 4. With intent to permanently deprive the owner of his interest

Question 6

Forgery

Answer 6

Required Elements: 
♣	1. Creating or altering 
♣	2. A document with purported legal significance 
♣	3. To be false 
♣	4. With intent to defraud 

Specific intent crime (actually defrauding somebody is not required, the mere intent to defraud is sufficient).

Question 7

Robbery

Answer 7

♣ Wrongful taking of another’s personal property from his person or presence by force or threat of injury with the intent to permanently deprive

♣ Robber = assault or battery + larceny

♣ Threats of future harm are insufficient

Question 8

Extortion

Answer 8

o Extortion
♣ Obtaining property through threats of future harm or exposing info
♣ Extortion vs. robbery:
• Extortion involves threats of future, rather than immediate harm

Question 9

Burglary

Answer 9

o Requirements:
♣ 1. Breaking
• can be actual or contructive
♣ 2. Entering
• modern statutes expand to include non-dwelling strcutures
♣ 3. Of another
♣ 4. At night
• not a required element under modern statutes
♣ 5. With the intent to commit a felony therein
• felony need not be completed
• Intent acquired after entering is insufficient

Question 10

Arson

Answer 10

o	Required elements: 
♣	1. Malicious 
♣	2. Burning 
♣	3. Dwelling house
♣	4. Of another 
o	Damages required 
♣	Must be charring or something more. Discoloration, blackening or other lesser damage is insufficient.