Crim - Property Crimes Flashcards
What are the elements of CL Larceny?
(1) Trespassory
(2) Taking and Carrying Away [Must be moved]
(3) the Personal Property of Another
* If D has lawful custody - can’t be guilty of larceny
(4) With the intent to permanently retain the property.
* If you take without intent then no larceny, but if you later form that intent then it is larceny
Erroneous Takings Rule: A taking under a claim of right is never larceny, even if D erroneously believes that the property is his.
What are the elements for Embezzlement?
Def: Conversion of the personal property of another by a person already in lawful possession of that property WITH the intent to defraud.
Mental: Specific intent to defraud. [If intends to give back exact same property - no intent]
Key difference between Larceny and Embezzlement: D has lawful possession before misappropriation.
What are the elements of False Pretenses?
Def: Obtaining title (ownership) to the personal property of another by an intentional false statement, with the intent to defraud.
“False Statement” Must be of a present or past event, not a future promise.
Key Diff with Larceny: In larceny, D get only custody of the property, in false pretenses, D gets title meaning ownership.
What is the definition of Larceny by Trick?
If the D obtains only custody (not title) as a result of the intentional false statement, the crime is larceny by trick, not false pretenses.
What are the elements of Robbery?
(a) Elements
(1) A larceny
(2) from someone else’s person or presence (reasonably close to the victim)
(3) by force or threat of immediate injury
(b) Mental State: Specific intent to steal.
How much force is need for a robbery or threat is sufficient?
Any amount of force sufficient to overcome resistance.
Threats: Need immediate injury
Modern statutory law, an individual who obtains the property of another through oral or written threats of future harm do not comitt robbery (instead ifs extortion)
What are the elements of forgery?
(1) Making or altering a writing
(2) so that is false
(3) Mental State with the specific intent to defraud
How has Mass. consolidated theft offenses?
MA has consolidated common law property crimes of larcency, embezzlement, false pretenses, larceny by trick into a single offense known as larceny.
(a) Grand larceny - property valued more than $250 or larceny of motor vehicle.
(b) Petit larceny - less than 250 or less.
What are the elements of common law burglary?
Def: Breaking and entering the dwelling of another at night with the intent to commit a felony inside.
(a) Breaking - creating or enlarging an opening by at least minimal force.
"Constructive breaking - entry gained through fraud, threats, or intimidation
(b) Entry: Some part of the D’s body must enter the building
(c) Dwelling: Structure where someone regularly sleeps
(d) “Of Another”
(e) At Night
(f) Intent to commit a felony inside - Specific intent (intent to steal, rob, rape, assault, etc.)
Massachusetts Distinctions on Burglary?
MA - Can be committed during the day
Requires only intent to commit a felony or misdemeanor for breaking and entering.
What are the common law elements of arson?
Def: The malicious burning of a building.
Mental State: Malice
“Burning”
(1) Requires material wasting (scorching is not enough, but charring is); and
(2) It must be the building that itself burns.
Mass distinction on Arson
Extends arson to all building and D’s own property.
What are the elements for possession of contraband?
Require act:
Possession means:
(a) control for a period of time long enough to have an opportunity to terminate possession.
(b) “constructive possession”: Contraband need not be in D’s actual possession, so long as its close enough for him to exercise dominion and control over it.
Mental State: Knowledge
What are the elements for receipt of stolen property?
Required Acts:
(1) Receiving possession and control
(2) of stolen personal property
Mental State:
(a) Knowingly that the property has been obtained criminally by another party AND
(b) with the intent to permanently deprive the owner of his interest in the property.
Elements for drug offenses in Mass
Illegal to knowingly possess a controlled substance, unless it was obtained with a prescription.
Separate offense to knowingly or intentionally possess a controlled substance with the intent to manufacture, distribute, or dispense it.
Intent may be inferred by quantity of substance possess, manner of packaging, or through records held by D.
