CRIMES AGAINST PROPERTY

Question 1

Crimes Against Property Checklist

Answer 1

• Larceny
• Robbery
• Receiving Stolen Property
• Burglary
• Arson

Question 2

Larceny

Answer 2

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

Question 3

Larceny (1) Trespassory Taking

Answer 3

A trespassory taking occurs when the defendant exercises control over the owner’s property without his consent

Question 4

Larceny (2) Carrying Away

Answer 4

Property is carried away when is moved. Even the slightest movement will suffice

Question 5

Larceny (3) Personal Property of Another

Answer 5

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

Question 6

Larceny (4) With Intent to Permanently Deprive

Answer 6

The taking and the defendant’s specific intent to deprive the owner of the property permanently must occur concurrently

Question 7

Robbery

Answer 7

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

Question 8

Robbery (1) Larceny

Answer 8

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

Question 9

Robbery (2) Force or Intimidation

Answer 9

The defendant executed the taking and carrying away using violence, threats, or by putting the victim in fear of imminent physical injury or death

Question 10

Robbery (3) Person or Presence

Answer 10

The defendant must take the property from the victim’s person or within the victim’s presence or control

Question 11

Receiving Stolen Property

Answer 11

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.

Question 12

Burglary

Answer 12

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

Question 13

Burglary (1) Breaking

Answer 13

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

Question 14

Burglary (2) Entering

Answer 14

Entering requires placing an object or any part of one’s body inside the structure. Even a momentary entry is sufficient

Question 15

Burglary (3) Dwelling

Answer 15

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

Question 16

Burglary (4) of Another

Answer 16

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

Question 17

Burglary (5) At Night

Answer 17

Under common law, the breaking and entering must have occurred at night. Under modern law, such a requirement does not exist.

Question 18

Burglary (6) Intent to Commit a Felony

Answer 18

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.

Question 19

Arson

Answer 19

Under common law, Arson is the (1) malicious (2) burning of (3) another’s dwelling

Question 20

Arson (1) Malice

Answer 20

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

Question 21

Malice (2) Burning

Answer 21

Burning requires danger or at least charring to the structure. Blackening, scorching, or smoke damage is insufficient.

Question 22

Arson (3) Another Person

Answer 22

Under common law, a person could not commit Arson upon his own house. Under modern law, ownership is insignificant

Question 23

Arson (4) Dwelling

Answer 23

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.