Crim Law/Pro

Question 1

Larceny

Answer 1

Larceny consists of

1) a taking
2) and carrying away (asportation)
3) of tangible personal property
4) of another
5) by trespass
6) with intent to permanently (or for an unreasonable time) deprive the person of his interest in the property.

Question 2

False pretenses

Answer 2

False pretenses consist of

1) obtaining title
2) to personal property of another
3) by an intentional false statement of a past or existing fact
4) with intent to defraud the other

Question 3

Embezzlement

Answer 3

Embezzlement is

1) the fraudulent
2) conversion (dealing with the property in a manner inconsistent with the arrangement by which the defendant has possession)
3) of personal property
4) of another
5) by a person in lawful possession of that property

Question 4

Robbery

Answer 4

Robbery consists of

1) a taking
2) of personal property
3) from the other’s person or presence
4) by force of threats of immediate or physical violence (to the victim, a family member, or someone else in their presence)
5) with the intent to permanently deprive them of it

Question 5

Forgery

Answer 5

Forgery consists of

1) making or altering
2) a writing with apparent legal significance
3) so that it is false (fake document not just inaccurate real document)
4) with intent to defraud

Question 6

Burglary

Answer 6

A (1) breaking and (2) entry (3) of a dwelling (4) of another (5) at nighttime (6) with the intent to commit a felony in the structure

Any felony, not just burglary
Constructive breaking = by fraud or threat (eg a maid enters house with keys but not to clean)
At night: common law requires burglary at night

Question 7

Arson

Answer 7

Arson (at common law) consists of:

The (1) malicious (2) burning (3) of the dwelling (4) of another.

Burning* requires some damage. Blackening by smoke / discoloration by heat (i.e., scorching) is not sufficient but mere charring IS sufficient.

Question 8

Receipt of stolen property

Answer 8

Receipt of stolen property consists of:

Receiving (1) possession and control (2) of stolen personal property (3) known to have been obtained in a manner constituting a criminal offense (4) by another person (5) with intent to permanently deprive the owner of their interest in it.