Boiler Plates

Question 1

What are the elements of larceny? (common law)

Answer 1

– Trespassory taking (i.e., without consent)
– Carrying away (i.e., asportation)
– Personal property
– Of another
– With the intent to steal (i.e., permanently deprive; which could be a substantial risk of loss)

Question 2

What are the elements of receiving stolen property? (common law)

Answer 2

– Receipt of
– Stolen property
– Known to have been obtained criminally
– By another person
– With the intent to permanently deprive owner

Question 3

What are the elements of embezzlement? (common law)

Answer 3

– Person (e.g., trustee) has lawful possession
– Of property of another
– Fraudulently converts it (e.g., to personal use or a use
inconsistent with the appropriate purpose)

Question 4

What are the elements of robbery? (common law)

Answer 4

– Trespassory taking (i.e., without consent)
– Carrying away (i.e., asportation)
– Personal property
– Of another
– With the intent to steal
– From a person (or in victim’s presence)
– Use of force or fear

Question 5

What are the elements of burglary? (common law)

Answer 5

– Breaking and entering (actus reus)
– The dwelling house (attendant circumstances)
– Of another (attendant circumstances)
– At nighttime (attendant circumstances)
– With the intent to commit a felony therein (mens rea) – Causation
– Elements must concur at the moment of entry

Question 6

What are the elements of burglary? (MPC)

Answer 6

– Entering a building or occupied structure
– With intent to commit a crime therein
– Unless open to public or licensed/privileged to enter – Affirmative defense if structure is abandoned

Question 7

What are the elements of burglary? (Florida)

Answer 7

– Entering a dwelling, structure, or conveyance
• With intent to commit an offense therein
• Unless open to the public or licensed/invited to enter/remain
– Remaining in a dwelling, structure, or conveyance
• After permission to remain has been withdrawn
• Surreptitiously with the intent to commit an offense therein
or to commit a forcible felony

Question 8

What are the elements of larceny/theft? (Florida)

Answer 8

– Trespassory taking (i.e., without consent)
– Carrying away (i.e., asportation)
– Personal property
– Of another
– Knowingly intends to temporarily or permanently deprive; property includes service

Question 9

What are the elements of receiving stolen property? (Florida)

Answer 9

– Receipt of
– Stolen property
– Known OR SHOULD HAVE KNOWN that the property was stolen
– By another person
– With the intent to permanently deprive owner