7. Property Offenses

Question 1

what is larceny?

Answer 1

SPECIFIC INTENT CRIME
1) a taking
2) and carrying away (slight movement is enough)
3) of tangible personal property
4) of another with possession
5) by trespass without consent (or by consent induced by fraud)
6) with intent to permanently deprive that person of their interest in their property

Question 2

what is valid “possession” for purposes of larceny?

Answer 2

property must be taken from the custody or possession of another (ie – if defendant had possession at the time of the taking, it’s NOT larceny but may be embezzlement)
**NOTE = if defendant only has CUSTODY and takes property, it’s larceny

Question 3

what is the difference between custody and possession? (larceny)

Answer 3

person has possession if they were given discretionary authority over the property BUT will only have custody if they were given only limited authority over the property

Question 4

what is sufficient evidence of an intent “to permanently deprive”? (larceny)

Answer 4

intent to create a substantial risk of loss or an intent to sell or pledge the goods to the owner

Question 5

what is NOT sufficient evidence of intent to permanently deprive? (larceny)

Answer 5

where defendant believes that the property is theirs or where they intend only to borrow the property or keep it as repayment of a debt

Question 6

when must a defendant have the intent to permanently deprive? (larceny)

Answer 6

when they take the property

Question 7

how does larceny apply to lost, mislaid, and abandoned property?

Answer 7

lost or mislaid property = larceny CAN be committed
abandoned property = NO larceny

Question 8

what is a “continuous trespass” for larceny purposes?

Answer 8

where a defendant wrongfully takes property WITHOUT the intent to permanently deprive (such as borrows an umbrella) but LATER decides to keep it, the defendant is guilty of larceny once they decide to keep it

Question 9

when does a “continuous trespass” NOT amount to larceny?

Answer 9

where the original taking was NOT wrongful (ie–taking the umbrella, thinking it was theirs) and they later decide to keep it, their is NO larceny

Question 10

what is embezzlement?

Answer 10

SPECIFIC INTENT CRIME
1) the intentionally fraudulent
2) conversion
3) of personal property
4) of another
5) by a person in LAWFUL possession of that property

Question 11

when does intent to restore property negate embezzlement?

Answer 11

when the defendant intends to restore the EXACT property taken
**NOTE = intent to restore similar or substantially identical property IS STILL embezzlement (even where new money replaces old money in exact same amount)

Question 12

when does conversion NOT amount to embezzlement?

Answer 12

where the conversion is pursuant to a claim of right to the property
** NOTE = whether the defendant took the property openly is an important factor

Question 13

does the embezzler have to get the benefit?

Answer 13

no

Question 14

does the embezzler have to carry away property?

Answer 14

no, mere possession is enough

Question 15

what is false pretenses?

Answer 15

SPECIFIC INTENT CRIME
1) obtaining title
2) to personal property of another
3) by an intentional false statement of a past or existing fact or false future promise
4) with intent to defraud the other

Question 16

when is “misrepresentation” sufficient for false pretenses? (2)

Answer 16

1) victim must actually be deceived or act in reliance on the misrepresentation, and
2) this must be a major factor (or sole cause) of the victim passing title to the defendant

Question 17

when is “intent to defraud” sufficient for false pretenses?

Answer 17

defendant must have either…
1) known the statement to be false, or
2) intended the victim to rely on the misrepresentation

Question 18

when will a defendant be treated as “knowing” a statement to be false? (false pretenses)

Answer 18

when, after being put on notice of the high probability of the statement’s falsity, they deliberately avoid learning the truth

Question 19

how is larceny by trick different than false pretenses?

Answer 19

larceny by trick = misrep causes victim to give up only mere possession or custody
false pretenses = misrep causes victim to give up TITLE to property

Question 20

what is robbery?

Answer 20

SPECIFIC INTENT CRIME
1) a taking
2) of personal property of another
3) from the other’s person or presence (anywhere in their vicinity – very broad)
4) by force or threat of IMMEDIATE death or physical injury (to victim, family, or some person in their presence)
5) with the intent to permanently deprive them of it

Question 21

how is robbery different than larceny?

Answer 21

robbery requires that the defendant use force or threats to obtain or retain the victim’s property (not so with larceny)

Question 22

what is extortion (CL)?

Answer 22

corrupt collection of an unlawful fee by an officer under color of office AND often consists of obtaining property by means of threats to do harm or to expose information

Question 23

how is extortion different than robbery?

Answer 23

with extortion, the threats may be of future harm (not immediate) AND the taking does not have to be in the presence of the victim (whereas with robbery, it does)

Question 24

what is receipt of stolen property?

Answer 24

1) receiving possession and control
2) of stolen personal property (must be stolen at the time the defendant receives it)
3) known to have been obtained in a manner constituting a criminal offense
4) by another person
5) with the intent to permanently deprive the owner of their interest in it

Question 25

what “possession” is necessary for receipt of stolen property?

Answer 25

manual possession is NOT necessary; sufficient even when property is put in a location designated by them or they arrange a sale for the thief to a third person

Question 26

what is forgery?

Answer 26

SPECIFIC INTENT CRIME
1) making or altering
2) a writing with APPARENT LEGAL SIGNIFICANCE
3) so that it is false (not just a mere misrepresentation)
4) with intent to defraud (although no one need actually be defrauded)

Question 27

when does fraudulently obtaining a signature amount to forgery?

Answer 27

only when the third person DOES NOT realize they are signing (ie– if third person realizes they are signing, NO forgery even if induced by fraud to sign it)

Question 28

what is burglary (CL)?

Answer 28

1) a breaking
2) and entry
3) of a dwelling
4) of another
5) at nighttime (CL)
6) with the intent to commit a felony in the structure

Question 29

how do modern statutes affect common law burglary elements?

Answer 29

often eliminate a lot of the technicalities (requirements of breaking, dwelling, nighttime)

Question 30

what type of “breaking” is required for burglary?

Answer 30

breaking can be EITHER actual or constructive

Question 31

when has there been an “actual breaking”? (burglary)

Answer 31

NOT an actual breaking for a person to come in uninvited through a wide open door/window BUT if a person pushes open an INTERIOR door to another room, then a breaking exists

Question 32

what is “constructive breaking”? (burglary)

Answer 32

a breaking by fraud or threat
(ie–using a key for any purpose different than the reason it was given to you IS a breaking)

Question 33

when has there been an “entering”? (burglary)

Answer 33

when any part of the body crosses into the structure

Question 34

what is NOT considered a dwelling?

Answer 34

a barn or commercial structure

Question 35

when must the intent to commit a felony in the structure exist? (burglary)

Answer 35

must exist at the time of the breaking and entering

Question 36

what is arson (CL)?

Answer 36

1) the malicious
2) burning
3) of a structure
4) of another

Question 37

what intent is required for arson?

Answer 37

malice (acting with a reckless disregard of an obvious risk that the structure would burn)

Question 38

what kinds of damage are sufficient for arson? (3)

Answer 38

1) destruction of structure
2) significant damage
3) charring

Question 39

what kinds of damage are NOT sufficient for arson?

Answer 39

mere scorching (blackening by smoke or discoloration)