Crimes against property

Question 1

What is larceny?

Answer 1

Unauthorized taking of things of value, belonging to another, without the owner’s consent, and with the intention to permanently deprive.
Grand larceny - felony
Petit larceny - misdemeanor.

Question 2

Grand larceny

Answer 2

1. Unauthorized taking from another’s person of money or thing of value of $5 and more, with intent to permanently deprive.
2. Unauthorized taking not from another’s person of goods and chattels with value of $1k and above, with intent to permanently deprive.
3. Simple larceny not from another’s person of firearm, regardless of value.

Question 3

Larceny with intent to sell or distribute

Answer 3

Person commits larceny of property valued at $1k and more with intent to sell of distribute.

Can be charged with underlaying larceny - not a double jeopardy.

Question 4

Petit larceny

Answer 4

Unauthorized taking with intent to permanently deprive of:

1. From the person of another of money or thing if value of less than $5;
2. Not from a person of another goods and chattel of value less than $1k.

Punishable as felony if person previously convicted 2 or more times of larceny or similar offenses in Va or outside of VA.

Question 5

Statutorily listed specific larcenies in VA?

Answer 5

1. Taking from known or should have been known mentally incapacitated person.
2. Crops removed by tenant before rent/ advances paid.
3. Things fixed to freehold.
4. Electronic dog collar - removed without permission and intent to prevent owner from locating a dog.
5. Bank notes, checks, book of accounts, other paper of value.
6. Animals and poultry
7. Items permanently marked for identification with owners SSN preceded by the letters VA.

Question 6

Embezzlement

Answer 6

Fraudulent use, concealment, disposing, or embezzling of any commercial paper or tangible or intangible property that was:

1. Received for another person or for one’s employer;
2. Received by virtue of one’s office or employment, or
3. Entrusted to one by another.

Proof of embezzlement sufficient to sustain larceny charge.
Convicted of embezzlement = deemed guilty if larceny and may be indicted for larceny.

Question 7

False pretenses

Answer 7

One obtains money, a gift certificate, or any property subject to larceny by any false pretense and with intent to defraud.
Both title and possession must pass.

Question 8

Robbery

Answer 8

Common law crime, punished by VA Code.
(i) Taking (ii) with intent to steal, (iii) of personal property of another, (iv) from his person or in his presence, (v) against his will, (vi) by violence or intimidation.

Question 9

Extortion

Answer 9

Extorting money, property, or pecuniary benefits or debt from person by:

1. Threatening injury to character, person, or property (sale, distribution, or release of identifying info) of another.
2. Accusing another of any offenses.
3. Threatening to report another as being illegally present in the US.
4. Knowingly destroying/concealing/removing/threatening to withhold passport or id.

Question 10

Burglary

Answer 10

Breaking and entering another’s dwelling in the nighttime with intent to commit felony or larceny therein.
Class 3 felony
Class 2 felony is armed with deadly weapon

Question 11

Statutory burglary

Answer 11

Guilty if:
(i) in the nighttime enter without breaking, or
(ii) in the daytime, breaks and enter
or enters and conceals himself in a dwelling or adjoining occupied outhouse or any building permanently affixed to realty or car, ship,boat used as dwelling
(iii) with intent to commit murder, rape, robbery, arson; or
Larceny or another felony;
Or misdemeanor except assault and battery.

Question 12

Possession of prohibited object

Answer 12

Konwing and intentional possession of a prohibited object (burglar’s took) or a substance is unlawful as long as D exercises control over such object/substance.

D not required to be aware that possession is illegal.

Dominion and control must exist for a period long enough to have provided D with opportunity to cease dominion and control.