Accomplice Liability & Theft Flashcards
C/L for Accomplice
principal in the first degree-engaged in the act or omission that constitutes the offense or caused an innocent agent to do so
principal in the second degree-aided, commanded, or encouraged the principal and was present at the crime
conviction of the principal required for conviction of an accessory
Accessory before the fact (C/L)
assisted or encouraged but was not present
Accessory after the fact (C/L)
with knowledge that the other committed a felony, assisted him in escaping arrest or punishment
Modern Approach
most juris. abolished principals and accessories; all parties to crime may be found guilty of the principal offense
-accessory after the fact treated separately
Principal
conduct: commits the illegal act or who causes an innocent agent to do so
liability: liable for principal of the crime
Accomplice (includes common law accessory before the fact)
conduct: aids or encourages principal to commit the illegal conduct
liability: liable for the principal crime if accomplice intended to aid or encourage crime
Accessory after the fact
conduct: person who aids another to escape knowing that he has committed a felony
liability: liable for separate, less serious crime of being an accessory after the fact
Mens Rea
Dual intent
1. the intent to assist the principal
2. the intent that the principal commit the substantive offense
“when the substantive offense has recklessness or negligence as its mens rea, most juris hold that the intent element is satisfied if the accomplice 1) intended to facilitate the commission of the crime; and 2) acted with the recklessness or negligence
Knowledge v. Purpose
in absence of stat. most cords hold that mere knowledge that a crime will result is NOT enough in the form of selling ordinary goods at ordinary prices
HOWEVER, procuring an illegal item or selling at a higher price because of the buyer’s purpose may constitute significant “stake in the venture” for intent
Exclusions from Liability
- members of the protected class: women transported across state for immoral purpose; statutory rape victims
- withdrawal- a person who effectively withdraws from a crime before it is committed CANNOT be found guilty as an accomplice-must occur BEFORE the crime becomes unstoppable
Withdrawal
-repudiation is sufficient withdrawal for mere encouragement
-attempt to neutralize assistance is required if participation went beyond mere encouragement
-notifying the police or taking other action to prevent the crime is also sufficient
-a mere withdrawal from involvement without taking any additional action is NOT sufficient
Theft
modern statutory crime, not a traditional C/L offense
Larceny
- a taking (obtaining control)
- and carrying away
- of tangible personal prop. (excluding realty, services, and intangibles)
- of another with possession
- by trespass (w/o consent or by consent induced by fraud)
- w/ intent to permanently deprive that person of her interest in the property
Possession
the property must be taken from the custody or possession of another
if the defendant had possession of the prop at the time of the taking, the crime is not larceny (may be embezzlement)
Custody v. Possession
Possession involves greater scope of authority to deal with the prop than custody.
Generally, D has possession if given discretionary authority over the prop.
D has custody if given only limited authority (low level employees)
Continuing Trespass
if the D wrongfully takes prop without intent to permanently deprive (ie. borrows w/out permission) and later decides to keep the prop, he IS guilty of larceny when he decides to keep it
HOWEVER, if the orig. taking was not wrongful (ie. took prop believing it to be his) and he decides later to keep it, it is NOT larceny
Intent to Permanently Deprive
Generally, larceny requires that at time of taking, D intended to permanently deprive a person of his prop.
Insufficient intent: where the D believes (even unrsnbly) that the property he is taking is his or where he intends only to borrow the prop or keep it as repayment of a debt, then NO larceny exists
Embezzlement
- the fraudulent
- conversion (dealing w the prop in a manner inconsistent w/ the arrangement by which the D has possession)
- of personal prop.
- of another
- by a person in lawful possession of that prop.
False Pretenses
- obtaining title
- to personal prop of another
- by an intentional false statement of a past or existing fact
- with intent to defraud the other
Larceny by Trick v. False Pretenses
if the V is tricked by a misrepresentation of a fact into giving up mere custody of property, the crime is larceny by trick
if the D is tricked into giving up title to property, the crime is false pretenses
misrepresentation required-V must actually be deceived by, or act in reliance on, the misrepresentation, and this must be at least a major factor of the V passing title to the D
Larceny (chart)
Activity: taking and asportation of property from possession of another person
Method: without consent or with consent obtained by fraud
Intent: with intent to steal
Title: title does not pass
Embezzlement (chart)
Activity: conversion of prop held pursuant to a trust agreement
Method: use of property in a way inconsistent with the terms of trust
Intent: with intent to defraud
Title: title does not pass
False Pretenses
Activity: Obtaining title to property
Method: by consent induced by fraudulent misrepresentation
Intent: with intent to defraud
Title: Title Passes
