Crimes Against Property

Question 1

Embezzlement (rule)

Answer 1

Unlawful conversion of the tangible personal property of another already in the defendant’s lawful possession with the intent to steal

*specific fraudulent intent to steal can be negated by the defendant’s honest belief that they have a right to the property.

Question 2

unlawful conversion (define)

Answer 2

transforming someone else’s property to you 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.)

Question 3

Robbery (rule/elements)

Answer 3

Larceny accomplished by force or threat of force

• must be a trespassory taking of the personal property of another with the intent to steal
• *honest mistaken belief of right negates the intent to steal
• taking from the victim’s person or presence (area within their control) is required.
• The force or threat of force must place the victim in actual fear at the time of taking.

Question 4

Theft by false pretenses (rule/elements)

Answer 4

1.) obtaining title to property owned by someone else through fraud.

Elements:
1.) a false representation of a present or past material fact by the defendant;

2. ) which causes the victim to pass title to their property;
3. ) to the defendant;
4. ) who knows that the representation is false;
5. ) and who intends thereby to defraud the victim.

Question 5

Larceny by Trick (rule/elements)

Answer 5

1.) obtaining possession (not title) through fraud, with the intent to steal.

Question 6

Extortion (blackmail)

Answer 6

obtaining property of another by threat of future harm to the victim or their property.

Question 7

Receiving stolen property

Answer 7

receipt of stolen property, known to be stolen, with the intent to permanently deprive the owner

Question 8

Forgery

Answer 8

Fraudulently making a false writing with apparent legal significance with the intent to make wrongful use of the document.

*alteration must be material (e.g., change the meaning or effect of the document)