Crimes Against Property Flashcards
Arson: Elements
- the malicious
- burning (charring not scorching - must change the fiber of the building itself)
- of the dwelling
- of another
Larceny - Elements
- the trespasser
- taking and
- carrying away of
- personal property
- of another (doesn’t below to D and not abandoned)
- with the intent to permanently deprive them thereof
Is it larceny if someone takes something with the intent to bring the property back?
No, however if they took it with the intent to keep it and then decide to bring the property back the larceny was committed with the original intent
Is it larceny if the defendant honestly think the property is his or is claiming it as repayment for a debt?
No - applies whether Defendant is reasonable or totally unreasonable
Is it larceny if D was already in possession of the property?
No but could be embezzlement (ex: employee has company car and later decides to steal it)
Continuing trespass rule
if a defendant’s initial taking is a trespass but he does not intent to steal at that time, he is not guilty of larceny at that time. However, if the defendant later forms the intent to steal, the initial trespasser taking is considered to have “continued” and he will be guilty of larceny.
Larceny by Trick - Elements
When the defendant:
- intentional makes a false representation of a
- material past or existing fact
- to obtain custody (but not title) of
- personal property of another
(means that at the time the victim hands over the property, he intends to give it to the D for only a limited time or limited purpose)
False Pretenses - Elements
The defendant:
- intentionally makes a false representation of a
- material past or present fact
- to obtain title to the property
- with the intent to defraud
Notes:
- the victim must believe the false representations and must rely on them
- the false statement cannot be a statement of future intent
How to distinguish larceny by trick from false pretense
Look at what the victim intends to do at the time he hands over the property to the D.
- to be false pretenses, it means that at the time the victim hands over the property, he intends to give it to the D without ever getting it back
- If the victim hands over the property with the intent to get it back, it is larceny by trick
Embezzlement - Elements
- the fraudulent conversion or misappropriation of
- property of another
- by one who is already in lawful possession of that property
Robbery - Elements
- larceny
- the property is taken from another’s person or presence (stolen reasonably close to the victim)
- the property is taken by force or by threat to use immediate force (if the latter, the victim must feel fear)
Forgery - Elements
A Defendant commits forgery when they:
- makes (or alters) a false writing
- with the intent to defraud
Note: the writings that are the subject of forgery are those with apparent legal significance - writings with historical or artistic value are not subjects of forgery
Burglary - Elements
- breaking (can be through fraud or threats or with minimal force)
- and entering
- the dwelling
- of another
- at night
- with the intent to commit a felony therein
Note: intent is the most tested element - look at what the defendant intends to do the moment he breaks into and enters the dwelling - that is the only moment that matters for the purposes of burglary intent
Receiving Stolen Goods - Elements
- receiving possession and control
- of “stolen” personal property
- known to have been obtained in a manner constituting a criminal offense by another person
- with the intent to permanently deprive the owner
Possession Offenses - Elements
An actor is guilt of possession if:
- the actor knowingly procured or received the thing possessed; or
- the actor was aware of their control for a sufficient period to have been able to terminate their possession
