Crimes Against Property

Question 1

Larceny - Definition

Answer 1

The taking and carrying away of another’s tangible personal property without consent (i.e. trespassory) and with the intent to permanently dispossess the person of the property

Question 2

Larceny - Taking

Answer 2

Obtaining or possession

If D already has possession at the time of the taking, it is not larceny (but may give rise to embezzlement)

Question 3

Larceny - Carrying Away

Answer 3

The slightest movement will suffice

Question 4

Larceny - Without consent

Answer 4

Against victim’s free will

The use of fraud or duress negates consent

Note: the element distinguishes larceny from larceny by trick

Question 5

Larceny - Intent to Permanently Dispossess

Answer 5

Must exist during taking

Specific Intent crime – not larceny if D takes property as security for a debt owed or believing if belongs to D

Permanently = for an unreasonable period of time

Question 6

Larceny - Continuing Trespass

Answer 6

When one borrows properly with the intent to return it, but later keeps it; larceny arises at the moment D decides not to return the property

Question 7

Larceny - Finding a Lost Item

Answer 7

Larceny can arise if the true owner is known or ascertainable and D decides to keep the property (must be lost or misplace; larceny cannot arise for abandoned property)

Question 8

Embezzlement - Definition

Answer 8

Fraudulent conversion of another’s personal property by one in lawful possession

Question 9

Embezzlement - Required Elements (2)

Answer 9

1) Fraudulent Conversion: D uses another’s property beyond the scope of, or inconsistent with, D’s possessory rights

2) By one in Lawful Possession: D must have lawful possession at the time of conversion

Question 10

Embezzlement - Distinguished from Larceny

Answer 10

Both involve obtaining property through misappropriation, but circumstances of the taking differ

E: Conversion of property in D’s rightful possession

L: Taking property not in D’s possession

Question 11

Embezzlement - Intent to Restore

Answer 11

If D takes property with the intent to restore the exact property, no embezzlement has occurred

• Must be the exact same property; not even different monetary bills of equal value will suffice

Question 12

Embezzlement - Claim of Right

Question 12

Embezzlement - Claim of Right

Answer 12

Like larceny, embezzlement will not arise if the misappropriation is made under a claim of right to the property

Question 13

False Pretenses - Definition

Answer 13

Obtaining title to another’s property using false statements of past or existing fact, with intent to defraud

Question 14

False Pretenses - Required Elements (4)

Answer 14

1) Obtaining Title: obtaining ownership, not mere possession

2) By False Statements: Must be an intentional false statement

3) Of Past or Existing Fact: Misrepresentation regarding a future event is not sufficient

4) Intent to Defraud (i.e. intent to steal): Victime must be deceived or act in reliance on the false statement in passing title to D

Question 15

Larceny by Trick - Definition

Answer 15

Obtaining possession of another’s personal property using false statements of past or existing fact

Question 16

Larceny by Trick - Possession v. Ownership

Answer 16

Distinguishing Factor

L by T: D acquires possession

FP: D acquires title

Question 17

Receipt of Stolen Property - Definition

Answer 17

Receiving possession and control of personal property known to have been illegally obtained, with the intent to permanently deprive the owner of her interest in it

Note: Beware of “sting” situations: if police and the true property owner know of or arranged D’s receipt of property, it is not truly stolen

• D can be convicted of attempted receipt of stolen property if she intended to receive property, believing it to be stolen

Question 18

Receipt of Stolen Property - Required Elements

Answer 18

1) Receipt of possession and control: Physical possession not required; D can have possession or control by designating the property’s location or arranging to sell it for the original thief

2) Of stolen personal property: Property must have been stolen when D receives it

3) Known to have been illegally obtained by another: D must know or have reason to know property is stolen

4) With intent to permanently deprive the owner of his interest

Question 19

Forgery - Definition

Answer 19

Creating or altering a written document with purported legal significance to be false, with the intent to defraud

Question 20

Forgery - Required Elements

Answer 20

1) Creating or Altering

2) A document with purported Legal Significance: A document that carries legal value

3) To be False: Modifying the document into something it is not; changing its legal significance, not just changing it to be inaccurate

4) With Intent to Defraud (Specific Intent Crime): Note- actually defrauding somebody is not required, the mere intent to defraud is sufficient

Question 21

Robbery - Definition

Answer 21

Wrongful taking of another’s personal property from his person or presence by force or threat of injury, with the intent to permanently deprive

Assault/Battery + Larceny = Rob

Question 22

Robbery - Force or Threat of Injury

Answer 22

A small force or threat will suffice

• Threat or injury must be to victim, a member of her family, or a person in her presence
• Victim must give up the property because she feels threatened or harmed (i.e. victim must be aware)
• Threats of future harm are insufficient

Question 23

Robbery - Larceny v. Robbery

Answer 23

Robbery requires force or threats to obtain victim’s property, whereas larceny does not

(e.g. a pickpocket commits larceny if victim did not notice his act, but commits robbery if victim notices)

Question 24

Extortion - Definition

Answer 24

Obtaining property through threats of future harm or exposing information

Question 25

Extortion - Extortion vs. Robbery

Answer 25

Extortion does not require a taking from the victim’s person or presence

• Extortion involves threats of future, rather than immediate harm

Question 26

Burglary - Definition

Answer 26

Trespassory breaking and entering into the dwelling house of another at nighttime with the intent to commit a felony therein

Question 27

Burglary - Required Elements

Answer 27

1) Breaking
2) Entering
3) Of Another
4) At nighttime
5) With the Intent to Commit a Felony Therein

Question 28

Burglary - Breaking (2 Types and 1 Requirement)

Answer 28

Actual: Opening or enlarging (e.g. opening an unlocked door)

Constructive: Entry by threat, force, fraud, or duress

Trespass Required: Entering with consent or through a wide open door is not a breaking (breaking not required under many modern statutes)

Question 29

Burglary - Entering

Answer 29

Placing any portion of the body or the instrument used for the breaking inside the dwelling

Question 30

Burglary - Of Another

Answer 30

Ownership is irrelevant; occupancy will suffice

Question 31

Arson - Definition

Answer 31

The malicious burning of the dwelling house of another

Question 32

Arson - Required Elements

Answer 32

1) Malicious: with intent or extreme recklessness

2) Burning: Requires some damage to structure caused by fire (damage from smoke, water, or explosions is not sufficient at common law)

3) Dwelling House: Structure where someone lives

4) Of Another: another person’s house –> at CL there can be no arson if you own the dwelling but do not reside there

Question 33

Arson - Damages Required

Answer 33

Must be charring or something more

Discoloration, blackening, or other lesser damage is insufficient