Crimes Against Property

Question 1

What are the crimes against property?

Answer 1

larceny
embezzlement
false pretenses
larceny by trick
receipt of stolen property
robbery
extortion
burglary
forgery
arson

Question 2

What is larceny?

Answer 2

taking and carrying away another’s tangible personal prop. w/o consent (trespassory) and w/ intent to permanently dispossess the person of the prop.

Question 3

What are the elements of larceny?

Answer 3

1. taking - obtaining control/possession
   (if D already has poss. at time of taking, it is not larceny - but may give rise to embezz.)
2. carrying away - slightest mvmt will suffice
3. w/o consent - against V’s free will (by trespass) (use of fraud/duress negates consent; this element disting. larceny from larceny by trick)
4. 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

Question 4

When can larceny arises when you find a lost item?

Answer 4

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)

Question 5

What is embezzlement?

Answer 5

fraudulent conversion of another’s personal prop. by one in lawful possession

Question 6

What are the elements of embezzlement?

Answer 6

1. fraud. conv. - D uses another’s prop. beyond the scope of or inconsistent w/ D’s poss. rights
2. by one in lawful possession - D must have lawful poss. at time of conversion

Question 7

How is embezzlement different from larceny?

Answer 7

embezz. is the conversion of property in D’s RIGHTFUL possession; larceny - no rightful possession

Question 8

How can you refute embezzlement?

Answer 8

through intent to restore the exact property (not something different) or through claim of right (D believes the prop. belongs to him)

Question 9

What is the crime of false pretenses?

Answer 9

obtaining title to another’s prop using false statements of past or existing fact, w/ intent to defraud

Question 10

What are the elements of false pretenses?

Answer 10

1. obtaining title (obt. ownership not mere possession)
2. by false statements (must be an intentional false st)
3. of past or existing fact (misrep. re a future event is not suff)
4. intent to defraud (V must be deceived or act in reliance on the false st in passing title to D)

Question 11

What is larceny by trick?

Answer 11

obt. poss. of another’s personal prop. using false st. of past or existing fact

Question 12

How is larceny by trick different from false pretenses?

Answer 12

concerns POSSESSION not title

Question 13

What is crime of receipt of stolen property?

Answer 13

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

Question 14

What are the elements of receipt of stolen property?

Answer 14

1. 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)
2. of stolen prop
   - prop must have been stolen when D receives it
3. known to have been illegally obtained by another
   - D must know or have reason to know prop. is stolen
4. w/ intent to perm. deprive the owner of his interest

Question 15

Can D be convicted of receipt of stolen property if someone (sting op) arranges for D’s receipt?

Answer 15

No - not truly stolen (can only be convicted of attempt receipt if believed it was stolen and intended to receive it anyway)

Question 16

What is robbery?

Answer 16

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)

Question 17

Does V have to give up the property for robbery to occur?

Answer 17

yes (bc threat of harm)

Question 18

Are threats of future harm sufficient to est. robbery?

Answer 18

No

Question 19

What is the difference between larceny and robbery?

Answer 19

R = requires force/threat to obtain the property

Question 20

Does a pickpocketer commit larceny or robbery if V does not notice?

Answer 20

larceny

Question 21

What is extortion?

Answer 21

obtaining prop. through threats of future harm or exposing info

Question 22

What is the difference between robbery and extorion?

Answer 22

extortion involves threats of FUTURE rather than imminent harm (extortion also doesn’t require a taking from V’s presence/person)

Question 23

What is a burglary?

Answer 23

breaking and entering into the dwelling house of another at nighttime w/ intent to commit a felony therein

Question 24

What are the elements of burglary?

Answer 24

1. 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
2. entering
   - placing any portion of the body or the instrument used for the breaking inside the dwelling
3. of another
   - ownership is irrelevant; occupancy will suffice
4. at nighttime
   - CL req., not req. under modern statutes
5. 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.

Question 25

What is forgery?

Answer 25

creating or altering a written doc. w/ purported legal signif. to be false, w/ intent to defraud

Question 26

What are the elements of forgery?

Answer 26

1. creating or altering
   - drafting, adding, deleting doc’s contents
2. a doc. w/ purported legal signif.
   - doc that carries legal value (check or contract, but not painting)
3. to be false
   - modfiying the doc into something it’s not; changing legal signif, not just changing it to something inaccurate
4. w/ intent to defraud
   - specific intent crime
   - Note: actually defrauding someone is not required; the mere intent to defraud is suff.

Question 27

What is arson?

Answer 27

malicious burning of the dwelling house of another

Question 28

What are the elements of arson?

Answer 28

1. malicious
   - w/ intent or extreme recklessness
2. burning
   - req. some damage to structure caused by fire
   - damages from smoke, water, or explosions is not suff at CL
3. dwelling house
   - structure where someone lives
   - CL req.
   - on MBE, can be a non-residential structure
4. of another
   - another person’s house
   - at CL, there can be no arson if you own the dwelling but do not reside there

Question 29

What are the damages required to commit an arson?

Answer 29

Damages required: must be charring or something more

discoloration, blackening, or other lesser damage is insuff.