7. Property Offenses Flashcards

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1
Q

what is larceny?

A

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

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2
Q

what is valid “possession” for purposes of larceny?

A

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

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3
Q

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

A

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

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4
Q

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

A

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

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5
Q

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

A

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

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6
Q

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

A

when they take the property

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7
Q

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

A

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

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8
Q

what is a “continuous trespass” for larceny purposes?

A

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

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9
Q

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

A

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

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10
Q

what is embezzlement?

A

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

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11
Q

when does intent to restore property negate embezzlement?

A

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)

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12
Q

when does conversion NOT amount to embezzlement?

A

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

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13
Q

does the embezzler have to get the benefit?

A

no

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14
Q

does the embezzler have to carry away property?

A

no, mere possession is enough

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15
Q

what is false pretenses?

A

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

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16
Q

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

A

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

17
Q

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

A

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

18
Q

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

A

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

19
Q

how is larceny by trick different than false pretenses?

A

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

20
Q

what is robbery?

A

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

21
Q

how is robbery different than larceny?

A

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

22
Q

what is extortion (CL)?

A

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

23
Q

how is extortion different than robbery?

A

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)

24
Q

what is receipt of stolen property?

A

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

25
Q

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

A

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

26
Q

what is forgery?

A

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)

27
Q

when does fraudulently obtaining a signature amount to forgery?

A

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)

28
Q

what is burglary (CL)?

A

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

29
Q

how do modern statutes affect common law burglary elements?

A

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

30
Q

what type of “breaking” is required for burglary?

A

breaking can be EITHER actual or constructive

31
Q

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

A

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

32
Q

what is “constructive breaking”? (burglary)

A

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)

33
Q

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

A

when any part of the body crosses into the structure

34
Q

what is NOT considered a dwelling?

A

a barn or commercial structure

35
Q

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

A

must exist at the time of the breaking and entering

36
Q

what is arson (CL)?

A

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

37
Q

what intent is required for arson?

A

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

38
Q

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

A

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

39
Q

what kinds of damage are NOT sufficient for arson?

A

mere scorching (blackening by smoke or discoloration)