Common Law Crimes Against Property

Question 1

Elements of Theft

Answer 1

1. Taking: Unlawfully gaining possession of the property of another, or property in the possession of another.
2. Asportation: Carrying away of that property; requires some movement, even if only slight
3. With Intent to “Permanently” Deprive: Or at least to unlawfully deprive the owner of use of the property for some “significant” period of time, or to unlawfully impose conditions for the return of the property to its rightful owner

Question 2

Establishing Asportation

Answer 2

“A bare removal from the place in which [the thief] found the goods, though the thief does not quite make off with them, is a sufficient asportation, or carrying away.”
“… ‘[T]aking’ in this context [is] the ‘severance of the goods from the possession of the owner.’ Thus, the accused must not only move the goods, but he must also have them in his possession, or under his control, even if only for an instant.”

Question 3

Establishing Intent to Permanently Deprive

Answer 3

“[O]ne who takes another’s property intending at the time to use it temporarily and then to return it unconditionally within a reasonable time—and having substantial ability to do so—lacks the intent to steal required for larceny.”
“[I]t is no defense to larceny that the taker intends to return the property only if he should receive a reward for its return, or only upon some other condition which he has no right to impose…[t]o take property by trespass for the purpose of ‘selling’ it to the owner is larceny.”
If a person wrongfully takes another’s property with the intention to return it, but does not have the “substantial ability” to accomplish that return, his stated intention to return the property to the lawful owner is not a defense to larceny.

Question 4

Elements of Larceny

Answer 4

(1) Unlawful physical taking of (2) another’s property, with (3) intent to permanently deprive

Question 5

Larceny by Trick

Answer 5

Larceny accomplished by gaining possession of another’s property using a ruse or false statement

Question 6

Embezzlement

Answer 6

Using a position of trust to appropriate another’s property, with intent to permanently deprive

Question 7

Thefy by false pretenses

Answer 7

Larceny accomplished by gaining legal title to another’s property by fraud

Question 8

Extortion

Answer 8

Larceny accomplished by obtaining another’s property by threat or fear; the threatened action need not be in itself unlawful (“Blackmail”)