Crimes Against Property

Question 1

Larceny

Answer 1

Common law elements:

(1) Trespassory taking;
(2) an carrying away;
(3) of tangible property (Modern law has expanded to theft of services and other intangibles);
(4) of another;
(5) with the intent to permanently deprive or steal (specific intent).

Continuing Trespass Doctrine: If a defendant takes property, but at the time intends the taking to be temporary, and later decides to permanently deprive the owner of the property, it will establish concurrence between the unlawful taking and the requisite intent to steal.

There is NO intent if you think the property is your no matter how unreasonable.

Intent is satisfied if the defendant recklessly exposes the property to loss or deals with property in a manner involving substantial risk of loss.

Returning property DOES NOT establish the absence of intent to steal. A defendant is guilty of larceny if they intended to permanently deprive at the time of taking or at any time prior to returning it.

Abandoning property with the hope it will be returned is still larceny.

Question 2

Embezzlement

Answer 2

The unlawful conversion of property already in the defendant’s possession with the intent to permanently deprive (statutory crime).