Additional Offenses Flashcards
What is the difference between burglary and robbery?
-Burglary doesn’t involve a crime against persons, robbery does
What are the MPC elements for Robbery?
-MPC Robbery
In the course of committing a theft, a person: inflicts serious bodily injury, threatens another with or purposefully puts him in fear of immediate bodily injury, or commits or threatens immediately to commit any felony in the first or second degree (high level person crime)
-MPC use of ‘serious’ as a modifier is different than the majority approach
-MPC sets the bar pretty high, and hasn’t been adopted by most states
What are the MPC elements of Burglary?
- A person who enters an occupied structure or separately secured or occupied portion thereof, with purpose to commit a crime therein unless the premises are at the time open to the public or the actor is licensed or privileged to enter
- Burglary is a second degree felony if it is perpetrated in the dwelling of another at night or if in the course of committing the person: purposefully, knowingly, or recklessly inflicts or attempts to inflict bodily injury or is armed with explosives or a deadly weapon
What are the elements for common law Burglary?
-Breaking and entering: more than mere entry, could be enlarging or creating an opening, at night, with intent to commit a felony
What are the elements of Larceny?
- Fancy theft
- Wrongful taking
- From another
- Intent to permanently deprive
What are the elements of Fraud?
- Mail/Wire
- Intent
- Material misrepresentation of fact
- Reliance
What is embezzlement?
-Property that was lawfully put under one’s control then misused
What is Conversion?
-Permanent deprivation of use and enjoyment of property
What is Extortion?
-Taking anything of value by threat of force
What is Perjury?
- Material lie
- Under oath
What is a False Statement?
- Lie
- Lie was material
- Knowingly
What is Obstruction of Justice?
- Corruptly impedes
- Due administration of justice
- Nexus requirement
- Pending proceeding
