Crimes Against Property Flashcards
Key Point
The key to theft crimes is the intent to permanently deprive (steal)
General Framework
Larceny: unlawful taking of property in someone else’s possession with intent to steal
Embezzlement: unlawful conversion of property in your possession with intent to steal
False Pretenses: obtaining title to property owned by someone else with fraud
Larceny by Trick: obtaining possession, but NOT title, through fraud, with intent to steal
Larceny: CL
The unlawful taking of property in someone else’s possession with the intent to steal; this is a specific intent crime
At common law:
i) trespassory taking;
ii) and carrying away;
iii) of the tangible personal property;
iv) of another;
v) with the intent to permanently deprive or steal
Larceny: CL Continued
Continuing Trespass Doctrine
c) If the defendant trespassorily takes property, but at the time intends it to be temporary, and later decides to permanently deprive the owner of the property, the continuing trespass doctrine establishes a concurrence between the unlawful taking and the subsequent requisite intent to steal
d) No intent if the defendant thinks the property is theirs, no matter how unreasonable
e) If, at the time of taking, the defendant intends to return the property to the victim unconditionally, and within a reasonable time, no intent IF the defendant has the ability to return
Embezzlement
Unlawful conversion of the tangible personal property of another already in the defendant’s lawful possession with the intent to steal
Embezzlement: Unlawful Conversion
Transforming someone else’s property to your own—need some action toward the property that seriously interferes with the owner’s rights (i.e., selling, consuming, damaging, or claiming title to it)
Embezzlement: Lawful Possession
Specific fraudulent intent to steal can be negated by the defendant’s honest belief that they have a right to the property
Robbery
a) Larceny accomplished by force or threat of force
b) Must be a trespassory taking of the personal property of another with the intent to steal
i) Honest mistaken belief of right negates the intent to steal
c) Taking from the victim’s person or presence (area within their control) is required
d) The force or threat of force must place the victim in actual fear at the time of taking
i) EXAMPLE: With a pickpocket, this would be larceny but not robbery, because there is no fear
Theft by False Pretenses
a) Obtaining title to property owned by someone else through fraud
b) Elements:
i) a false representation of a present or past material fact by the defendant;
ii) which causes the victim to pass title to their property;
(1) There is no crime without reliance
iii) to the defendant;
iv) who knows that the representation is false;
v) and who intends thereby to defraud the victim
Larceny by Trick
a) Obtaining possession (not title) through fraud, with the intent to steal
b) The defendant tricks the possessor into giving possession through a fraudulent misrepresentation
i) There is no crime without reliance
c) Using a fake check is larceny by trick, not false pretenses, because title does not pass until the check clears
i) Most jurisdictions have a specific statutory crime for this
Extortion (Blackmail)
Obtaining property of another by threat of future harm to the victim or their property
EXAM TIP: If it is a present harm, it is probably robbery, not extortion
Receiving Stolen Property
a) Receipt of stolen property, known to be stolen, with the intent to permanently deprive the owner
b) This is a common law misdemeanor
Forgery
a) Fraudulently making a false writing with apparent legal significance with the intent to make wrongful use of the document
b) Alteration must be material (e.g., change the meaning or effect of the document) to qualify (i.e., signing a false signature on a will)
