Crimes Against Property Flashcards
What are the crimes against property?
larceny embezzlement false pretenses larceny by trick receipt of stolen property robbery extortion burglary forgery arson
What is larceny?
taking and carrying away another’s tangible personal prop. w/o consent (trespassory) and w/ intent to permanently dispossess the person of the prop.
What are the elements of larceny?
- taking - obtaining control/possession
(if D already has poss. at time of taking, it is not larceny - but may give rise to embezz.) - carrying away - slightest mvmt will suffice
- w/o consent - against V’s free will (by trespass) (use of fraud/duress negates consent; this element disting. larceny from larceny by trick)
- intent to permanently dispossess
- must exist during taking; specific intent crime
- not larceny if D takes prop. as security for a debt owed or believing it belongs to D
- perm = unreas. period of time
- cont. trespass = when one borrows prop. w/ intent to return it, but later keeps it, larceny arises at moment D decides not to return the property
When can larceny arises when you find a lost item?
if the true owner is known or ascertainable and D decides to keep prop. (must be lost or displaced; larceny cannot arise for abandoned prop)
What is embezzlement?
fraudulent conversion of another’s personal prop. by one in lawful possession
What are the elements of embezzlement?
- fraud. conv. - D uses another’s prop. beyond the scope of or inconsistent w/ D’s poss. rights
- by one in lawful possession - D must have lawful poss. at time of conversion
How is embezzlement different from larceny?
embezz. is the conversion of property in D’s RIGHTFUL possession; larceny - no rightful possession
How can you refute embezzlement?
through intent to restore the exact property (not something different) or through claim of right (D believes the prop. belongs to him)
What is the crime of false pretenses?
obtaining title to another’s prop using false statements of past or existing fact, w/ intent to defraud
What are the elements of false pretenses?
- obtaining title (obt. ownership not mere possession)
- by false statements (must be an intentional false st)
- of past or existing fact (misrep. re a future event is not suff)
- intent to defraud (V must be deceived or act in reliance on the false st in passing title to D)
What is larceny by trick?
obt. poss. of another’s personal prop. using false st. of past or existing fact
How is larceny by trick different from false pretenses?
concerns POSSESSION not title
What is crime of receipt of stolen property?
receiving poss. and control of personal prop. known to have been illegally obtained w/ intent to perm. deprive the owner of her interest in it
What are the elements of receipt of stolen property?
- receipt of poss. and control
- phys poss. not required (D can have poss. or control by designating the prop.’s location or arranging to sell it for the original theif) - of stolen prop
- prop must have been stolen when D receives it - known to have been illegally obtained by another
- D must know or have reason to know prop. is stolen - w/ intent to perm. deprive the owner of his interest
Can D be convicted of receipt of stolen property if someone (sting op) arranges for D’s receipt?
No - not truly stolen (can only be convicted of attempt receipt if believed it was stolen and intended to receive it anyway)
What is robbery?
wrongful taking of another’s personal prop. from his person or presence by force or threat of injury, w/ intent to perm. deprive
(assault or battery + larceny)
small force or threat will suffice (to V or member of fam, or someone in presence)
Does V have to give up the property for robbery to occur?
yes (bc threat of harm)
Are threats of future harm sufficient to est. robbery?
No
What is the difference between larceny and robbery?
R = requires force/threat to obtain the property
Does a pickpocketer commit larceny or robbery if V does not notice?
larceny
What is extortion?
obtaining prop. through threats of future harm or exposing info
What is the difference between robbery and extorion?
extortion involves threats of FUTURE rather than imminent harm (extortion also doesn’t require a taking from V’s presence/person)
What is a burglary?
breaking and entering into the dwelling house of another at nighttime w/ intent to commit a felony therein
What are the elements of burglary?
- breaking (actual or const.)
- actual = opening/enlarging (opening unlocked door)
- const. = entry by threat, force, fraud, duress
- entering w/ consent or through wide open door is not breaking - entering
- placing any portion of the body or the instrument used for the breaking inside the dwelling - of another
- ownership is irrelevant; occupancy will suffice - at nighttime
- CL req., not req. under modern statutes - w/ intent to commit a felony therein
- mod. include misdemeanors
- felony need not be completed; D must merely intend to commit a crime at time of B&E
- intent acquired after entering is suff.
What is forgery?
creating or altering a written doc. w/ purported legal signif. to be false, w/ intent to defraud
What are the elements of forgery?
- creating or altering
- drafting, adding, deleting doc’s contents - a doc. w/ purported legal signif.
- doc that carries legal value (check or contract, but not painting) - to be false
- modfiying the doc into something it’s not; changing legal signif, not just changing it to something inaccurate - w/ intent to defraud
- specific intent crime
- Note: actually defrauding someone is not required; the mere intent to defraud is suff.
What is arson?
malicious burning of the dwelling house of another
What are the elements of arson?
- malicious
- w/ intent or extreme recklessness - burning
- req. some damage to structure caused by fire
- damages from smoke, water, or explosions is not suff at CL - dwelling house
- structure where someone lives
- CL req.
- on MBE, can be a non-residential structure - of another
- another person’s house
- at CL, there can be no arson if you own the dwelling but do not reside there
What are the damages required to commit an arson?
Damages required: must be charring or something more
discoloration, blackening, or other lesser damage is insuff.
