Crimes against property

Question 1

Theft crimes - generally

Answer 1

Theft crimes involve taking of property from victim by defendant.

Three criteria to analyze:

• how did DFT obtain? trespass, delivery, trick
• what rights did DFT obtain? custody/possession/title
• intent!

INTENT TO PERMANENTLY DEPRIVE is an element of all of them. Without intent to permanently deprive before property is restored to owner, CANNOT be guilty of theft offense.

Question 2

Types of theft (4)

Answer 2

Larceny: unlawful taking of property in someone else’s possession
Embezzlement: unlawful conversion of property in your possession
False pretenses: obtaining title to property owned by someone else through fraud
Larceny by trick: obtaining possession, but not title, through fraud

Question 3

Forms of control over property (3)

Answer 3

Title: legal ownership. implies possession
Possession: full dominion and control, w or w/o title
Custody: physical control over property in someone else’s possession - they limit your use

Question 4

Larceny and continuing trespass doctrine

Answer 4

Taking,
and carrying away,
of tangible personal property (statute expands to services and other intangibles),
of another,
with intent to permanently deprive.

Continuing trespass doctrine: if DFT first intended taking to be temporary, and later decides to permanently deprive, continuing trespass establishes CONCURRENCE b/t taking and requisite intent
This DOES NOT work in reverse - if you change your mind and return it, your original bad intent still makes you guilty

Question 5

Embezzlement

Answer 5

Unlawful conversion,
- (conversion requires an act that seriously interferes w owners rights)
of tangible personal property of another,
by one already in lawful possession,
w intent to permanently deprive

Question 6

Robbery

Answer 6

Larceny, plus two additional elements:
- taking is from victim’s person or presence, and
taking was through force or threat of force placing victim in ACTUAL FEAR at time of taking

Question 7

Theft by false pretenses

Answer 7

False rep of present or past material fact,
by a DFT who knows it’s false,
which causes the victim to pass TITLE to his property to the DFT;
and intent to permanently deprive

Question 8

Larceny by trick

Answer 8

Larceny where possession is obtained by means of a rep or promise the DFT knew to be false at the time. Remember - only false pretenses if TITLE passes

Fake checks are larceny by trick, not false pretenses, because TITLE does not pass until check clears

Question 9

Extortion

Answer 9

Obtaining property of another by threat of FUTURE harm to victim or their property

If it’s current harm, prob robbery

Question 10

Receiving stolen property

Answer 10

Crime if DFT receives stolen property, known to be stolen, w intent to permanently deprive

Question 11

Forgery

Answer 11

Making of a false writing,
w apparent legal significance,
w intent to make wrongful use of the document

Alteration must be MATERIAL - changing meaning or effect of document