Crimes Against Property Flashcards
Larceny
Larceny: Definition
The taking and carrying away of the personal tangible property of another by trespass with the intent to permanently deprive the person of the property
Larceny
Larceny: Intent to permanently deprive
- Must exist during taking (not larceny if D takes thinking property is theirs)
Larceny
Larceny: Continuing trespass
Larceny arises when one borrows with intent to return, but ends up keeping the item
Larceny
Larceny: Finding a lost item
Larceny can arise if the true owner is known or ascertainable and D decides to keep the property
- Cannot arise for abandoned property
Embezzlement
Embezzlement: Definition
Fraudulent conversion of the personal property of antoerh by one in lawful possession
Embezzlement
Embezzlement: Special issues
- If D takes with intent to restore EXACTLY, no embezzlement
- Will not arise if misappropriation made under a claim of right
False Pretenses & Larceny by Trick
False Pretenses
Obtaining TITLE to another’s property using intentional false statements of past or existing fact with intent to defraud
False Pretenses & Larceny by Trick
Larceny by Trick
Obtaining POSSESSION of another’s personal property using false statements of past or existing fact
Robbery & Extortion
Robbery
A wrongful taking of the personal property of another from their person or presence by force or threat of injury with intent to permanently deprive
Robbery & Extortion
Extortion
Obtaining property through threats of FUTURE harm or exposing information
Burglary
Burglary: Definition
A breaking and entering of the dwelling of another at nighttime with intent to cmmit a felony therein
- Breaking can be actual (opening) or constructive (threat, force, fraud, duress)
- Nighttime not required under modern statutes
Arson
Arson: Definition
The malicious burning of the dwelling house of another
- Burning = must be charring or something more
- Dwelling = on MBE, can be a non-residential structure
- Of another = no arson at common law if your own property
