CRIMES AGAINST PROPERTY Flashcards
Crimes Against Property Checklist
- Larceny
- Robbery
- Receiving Stolen Property
- Burglary
- Arson
Larceny
Larceny is the (1) trespassers taking and (2) carrying away of (3) the tangible personal property of another with the intent to (4) permanently deprive that person of the property
Larceny (1) Trespassory Taking
A trespassory taking occurs when the defendant exercises control over the owner’s property without his consent
Larceny (2) Carrying Away
Property is carried away when is moved. Even the slightest movement will suffice
Larceny (3) Personal Property of Another
The property must be the tangible personal property of another. It is not larceny if the defendant reasonably, or even unreasonably, believes that the property is his
Larceny (4) With Intent to Permanently Deprive
The taking and the defendant’s specific intent to deprive the owner of the property permanently must occur concurrently
Robbery
Robbery is a (1) larceny involving the (2) use of the force or intimidation to take property (3) from another person’s person or presence
Robbery (1) Larceny
Larceny is the (1) trespassers taking and (2) carrying away of (3) the tangible personal property of another with the intent to (4) permanently deprive that person of the property
Robbery (2) Force or Intimidation
The defendant executed the taking and carrying away using violence, threats, or by putting the victim in fear of imminent physical injury or death
Robbery (3) Person or Presence
The defendant must take the property from the victim’s person or within the victim’s presence or control
Receiving Stolen Property
Receipt of Stole Property requires (1) receiving (2) stolen property (3) while knowing that the property was criminally obtained, and (4) with the intent to permanently deprive the owner of the property.
Burglary
Burglary is the (1) breaking and (2) entering of (3) the dwelling (4) of another (5) at night with the (6) specific intent to commit a felony therein
Burglary (1) Breaking
Breaking requires the defendant to (i) use force to create an opening or (ii) gain entry by fraud, threat, force, or intimidation. If the defendant had consent to enter, this element is not satisfied
Burglary (2) Entering
Entering requires placing an object or any part of one’s body inside the structure. Even a momentary entry is sufficient
Burglary (3) Dwelling
Under common law, the breaking and entering must have occurred at a dwelling, which is a structure regularly lived or slept in. Under modern law, the breaking and entering of other structures* can also satisfy this element.
*e.g. businesses, vehicles, and other buildings
Burglary (4) of Another
The dwelling must belong to a person other than the defendant
*Note: typically, an owner cannot commit a burglary of his own dwelling. However, look to occupancy rather than ownership. An owner can burglarize his own dwelling if it is occupied or being used as a dwelling by someone else
Burglary (5) At Night
Under common law, the breaking and entering must have occurred at night. Under modern law, such a requirement does not exist.
Burglary (6) Intent to Commit a Felony
At the time of the breaking and entering, the defendant must have the specific intent to commit a felony inside the structure. The felony need not be completed.
Arson
Under common law, Arson is the (1) malicious (2) burning of (3) another’s dwelling
Arson (1) Malice
Malice requires the defendant to act (i) with knowledge that his actions would cause the structure to burn or, (ii) with reckless disregard of a substantial risk of burning. The defendant’s intent to cause the structure to burn satisfies malice but is not required
Malice (2) Burning
Burning requires danger or at least charring to the structure. Blackening, scorching, or smoke damage is insufficient.
Arson (3) Another Person
Under common law, a person could not commit Arson upon his own house. Under modern law, ownership is insignificant
Arson (4) Dwelling
Under common law, the burning must have been a dwelling, which is a structure regularly lived or slept in. Under modern law, the burning of other structures can also satisfy this element.
