Crim Law - Property Crimes (Theft Offenses)

Question 1

Property Crimes - The Theft Offenses

Answer 1

Theft Offenses include:
LARCENY
EMBEZZLEMENT
FALSE PRETENSES
LARCENY BY TRICK
ROBBERY
FORGERY

Question 2

LARCENY

Answer 2

Mnemonic - “Thieves Took Carmen’s Purse And Isaac’s Portfolio”

Trespassory Taking and Carrying Away the Personal Property of Another with the Intent to Permanently Retain the property

(1) Trespassory = wrongful or unlawful
(2) Taking and Carrying Away = the property must be moved (the “asportation” requirement)
(3) the personal property of another;
- - key question: who had LAWFUL CUSTODY at the time of the taking?
- —if D had lawful custody of the property, he CANNOT be guilty of larceny for taking it (even if D doesn’t own it)
- — Conversely, D CAN be guilty of larceny for taking his own property, if someone else has lawful custody of the property when D took it
(4) with the intent to PERMANENTLY RETAIN the proprty - if D intends to give the property back, the taking is not larcenous

Question 3

The “Erroneous Takings” Rule

LARCENY

Answer 3

A taking under a CLAIM OF RIGHT is NEVER larceny, even if the D erroneously believes the property is his

Question 4

Continuing Trespass

LARCENY

Answer 4

If the D WRONGFULLY takes property, but WITHOUT the intent to steal, he will not be guilty of larceny. BUT, if the D LATER forms the intent to steal, the initial trespassory taking is considered to have “CONTINUED” and he WILL be guilty of larceny

NOTE: This doctrine creates an EXCEPTION TO THE “CONCURRENCE” PRINCIPAL

Question 5

EMBEZZLEMENT

Answer 5

The CONVERSION of the personal property of another by a person already in LAWFUL POSSESSION of that property, with the INTENT TO DEFRAUD

Mental State: SPECIFIC INTENT
Note: If D intends to give the EXACT property back in the EXACT form, he will not have the intent to defraud

Key difference from larceny: D must already have LAWFUL POSSESSION of the property before the taking can be considered EMBEZZLEMENT

Possession v. Custody - Possession involves more than mere custody. It requires the AUTHORITY to EXERCISE some DISCRETION over the property

Question 6

FALSE PRETENSES

Answer 6

Obtaining Title to the personal property of another by an INTENTIONAL FALSE STATEMENT, with the intent to defraud.

Key diff from larceny: D gets only custody of the property; in false pretenses, the D gets TITLE meaning OWNERSHIP

“False Statement” must be of a PRESENT or PAST event (not a future promise)

Question 7

LARCENY BY TRICK

Answer 7

Same as False Pretenses but D obtains ONLY CUSTODY (not title) as a result of the intentional false statement, the crime is LARCENY BY TRICK, not FALSE PRETENSES

ie - Obtaining CUSTODY (not title) to the personal property of another by an INTENTIONAL FALSE STATEMENT, with the intent to defraud

whether “False Pretenses” or “Larceny by Trick” depends upon what victim intended to convey to D

Question 8

ROBBERY

Answer 8

Robbery = Larceny + 2

A Larceny from (4) another’s person or presence (5) by force or threat of immediate injury

(1) A taking
(2) of personal property of another
(3) from the other person’s presence
(4) by force or intimidation
(5) with the intent to permanently deprive him of it

Mental State: SPECIFIC INTENT TO STEAL

“Presence” = some location reasonably close to the victim, e.g. rooms in a house other than the room in which the victim is located

“Force” - Any amount of force sufficient to overcome resistance is sufficient
e.g.s - snatching a chain off victim’s neck counts, snatching handbag off woman’s arm counts BUT picking a man’s pocket DOES NOT, bc considered to be steal crime and therefore no resistance

“Threats” - Need IMMEDIATE injury (“your money or your life”)

• – under modern statutory law, an individual who obtains the property of another through oral or written threats of FUTURE harm does not commit robbery; he commits the crime of EXTORTION, which is also called BLACKMAIL
• • e.g. give me your money, or ill break your legs tomorrow, or give me money or ill post these pics

Question 9

FORGERY

Answer 9

(1) Making or altering a writing (2) so that it is false

Mental State - SPECIFIC - with intent to defraud

e.g. Needing $100 fast, Dudley takes Victor’s checkbook, writes out a $100 check to himself, and signs Victor’s name to the check - at moment he falsely signs his name the crime is complete, doesn’t need to cash it (if cashes, he commits false pretense on top of forgery)

Question 10

NY LARCENY*****

Answer 10

Any crime that would be larceny, embezzlement, false pretenses, or larceny by trick at common law is considered LARCENY in NY - just use standard larceny definition

Larceny is the taking and carrying away of another person’s property with the intent to permanently deprive that person of it, without a claim of right.

Degrees of Larceny based on amounts
First Degree = more than $1,000,000
Second Degree = more than $50,000
Third Degree = more than $3,000
Fourth Degree = more than $1,000
Petit Larceny = lesser amounts

Question 11

NY ROBBERY***

Answer 11

THIRD DEGREE
Forcible Stealing

SECOND DEGREE
Forcible stealing plus one of the following
(1) D is aided by another who is ACTUALLY PRESENT
(2) the VICTIM is INJURED
(3) A Car is stolen (CARJACKING)

FIRST DEGREE
Forcible Stealing, plus one of the following
(1) victim is SERIOUSLY injured
(2) D uses or displays a fire-arm (add a gun, add a degree)

Affirmative Defense to 1st degree - If D can prove that the fire-arm was unloaded or inoperable, the crime is reduced to 2nd degree robbery

Question 12

Robbery and Homicide in NY**

NOTE ON FELONY MURDER

Answer 12

remember for felony murder

(1) if victim is INTENTIONALLY killed - that is FIRST DEGREE MURDER
(2) if victim is UNINTENTIONALLY killed, that is SECOND DEGREE MURDER