Crimes Against Property

Question 1

Define larceny under common law.

Answer 1

The trespassory taking and carrying away of the personal property of another, with the intent to steal.

• Trespassory: Wrongful or without permission
• Taking and Carrying Away: Asportation, property must be moved
• Pesonal Property of Another: Key is possession.

(a) If D validly possesses property, he cannot be guilty of larceny for taking it (even if D doesn’t own it).
(b) Conversely, D can be guilty of larceny for taking his own property, if someone else had valid possession of it.
* With the Intent to Steal: Specific intent to permanently deprive. So, if D intends to give the property back, the taking is not larceny. If D erroneously thinks the property is his, the taking is not larceny.

Question 2

What is the erroneous takings rule?

Answer 2

A taking under a claim of right is never larceny.

Question 3

What is the doctrine of continuing trespass?

Answer 3

If a defendant wrongfully takes property, but without the intent to steal, he will not be guilty of larceny. But, if the defendant later forms the intent to steal, the initial trespassory taking is considered to have “continued,” and he will be guilty of larceny.

Question 4

Define embezzlement.

Answer 4

Conversion of the personal property of another by a person already in lawful possession of that property, with the intent to defraud.

Question 5

What is the requiste mental state for embezzlement?

Answer 5

Specific intent to defraud.

Note: If the defendant intends to give the exact property back in the exact form, he will not have the intent to defraud (but, money is not fungible).

Question 6

What is the key difference between larceny and embezzlement?

Answer 6

D must already have lawful possession of the property before a taking can be considered embezzlement.

Note: Possession involves more than mere custody. It requires the authority to exercise some discretion over the property.

Question 7

Define false pretenses.

Answer 7

Obtaining title to the personal property of another by an
intentional false statement, with the intent to defraud.

Question 8

What is the key difference between larceny and false pretenses?

Answer 8

In larceny, the defendant gets only possession; in false pretenses, the defendant gets title.

Question 9

Under the common law crime of false pretenses, what is the rule regarding a “false statement?”

Answer 9

Must be of a past or present event (not a future promise).

Question 10

What is larceny by trick?

Answer 10

If the defendant obtains only possession (not title) as a result of the intentional false statement, the crime is “larceny by trick,” not false pretenses.

Question 11

What are the elements of robbery? What is the required mental state?

Answer 11

A larceny from another’s person or presence by force or threat of immediate injury.

Mental state: Intent to permanently deprive or steal. Specific intent.

• Presence: Includes from V’s vicinity or from V’s house while V is in it.
• Force: Sufficient to overcome resistance.
• Threats:

1) Immediate injury: Robbery (“Your money or your life.”)
2) Future injury: Extortion (“Give me your money, or I’ll break your legs tomorrow.”)
3) Embarrassment: Blackmail (“Give me your money, or I’ll post those pictures of you.”)

Question 12

Under Virginia law, how is larceny defined? What is the general presumption?

Answer 12

Any crime that would be larceny, embezzlement, or false pretenses under common law may be charged as larceny.

One in the unexplained and exclusive possession
of recently stolen property can be presumed to be guilty of larceny.

Question 13

Under VA law, what are the types of larceny?

Answer 13

1) Grand Larceny: Is committed when a person commits:
(a) Larceny, from the person of another, taking money or things worth $5 or more;
(b) Simple Larceny, not from the person of another, taking goods and chattels worth $200 or more; or
(c) Simple Larceny, not from the person of another, taking any firearm, regardless of its value.
2) Petit Larceny: lesser amounts.

Question 14

What is the relationship between larceny and robbery?

Answer 14

Larceny is a lesser included offense of robbery.

Question 15

Under VA law, what is extortion?

Answer 15

• Threatening injury to the character, person, or property of another or accusing another of any offense and thereby extorting money, property, pecuniary benefit, or any note, or other evidence of debt.
• Sending a note or an electronically transmitted communication threatening to kill or do great bodily harm to the victim or her family.

Question 16

What is forgery?

Answer 16

Making or altering a writing so that it is false.

Mental state required: intent to defraud.

Question 17

What is an uttering?

Answer 17

Offering as genuine a forged instrument

Mental State: with intent to defraud

Question 18

What is malicious mischief?

Answer 18

Destroying or damaging someone else’s property.

Mental State: with intent to defraud

Question 19

Under possession offenses, what is required for the act of “possession”? mental state?

Answer 19

Requirements: When a statute criminalizes the possession of contraband (e.g., drugs, stolen property, child pornography), “possession” means– Control for a period of time long enough to have an opportunity to terminate possession.

Mental State: Knowledge (of the possession and of the character the item possessed)

Question 20

For possession offenses, what is consturctive possession?

Answer 20

The contraband need not be in the defendant’s actual possession, so long as it is close enough for him to exercise dominion and control over it.

Question 21

What is common law burglary?

Answer 21

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 force (can be minimal)

1) Includes: breaking a window, opening a window, opening a door.
2) Does not include: climbing through an already open window, entering with permission.

(b) “Entry”: Some part of the defendant’s body must enter the building.
(c) ** “Dwelling”:** A structure where someone regularly sleeps (changed by modern statute)
(d) “Of Another”: You can’t burglarize your own house.
(e) “At Night”: countenance of person cannot be discerned by natural light.
(f) “Intent to Commit a Felony Inside”: Specific intent to commit a felony (intent to steal, rob, rape, assault, kill, etc.)

Question 22

What are the modern statutory changes regarding burglary?

Answer 22

Many states have eliminated the technical requirements of common law burglary (especially “breaking,” “at night,” and “dwelling”). *Including VA*

Burglary can now include:

• Entering and conceal
• Enter at night w/o breaking
• Enter and breaking during day time

Question 23

Define arson under common law.

Answer 23

The malicious burning of a building.

Mental State: Malice (implies crime committed intentionally or with reckless disregard)

“Burning”: Requires the material wasting of the structure (mere “scorching” is not enough; some part of the building must actually be burned up or charred).

Statutory Developments

1) “Dwelling”: Traditionally, arson was limited to “dwellings,” but most states now extended arson to all buildings. *Including VA*
2) “Of Another”: Traditionally, a defendant could not commit arson on his own property; most states have eliminated that restriction.

Question 24

Define arson under VA law.

Answer 24

The malicious burning or destruction of any building.

1) Burning: includes the use of explosive devices or other substances.
2) Dwelling: includes any structure or building in which persons usually dwell or lodge including manufactured homes, boats, trailers, hotels, hospitals, mental health facilities, houses of worship, railroad cars, vessels, jail, or prison…BUT… outhouses are not dwellings for purposes of arson statutes.