Crimes Against Property Flashcards
Larceny - Definition
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
Larceny - Taking
Obtaining or possession
If D already has possession at the time of the taking, it is not larceny (but may give rise to embezzlement)
Larceny - Carrying Away
The slightest movement will suffice
Larceny - Without consent
Against victim’s free will
The use of fraud or duress negates consent
Note: the element distinguishes larceny from larceny by trick
Larceny - Intent to Permanently Dispossess
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
Larceny - Continuing Trespass
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
Larceny - Finding a Lost Item
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)
Embezzlement - Definition
Fraudulent conversion of another’s personal property by one in lawful possession
Embezzlement - Required Elements (2)
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
Embezzlement - Distinguished from Larceny
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
Embezzlement - Intent to Restore
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
Embezzlement - Claim of Right
Embezzlement - Claim of Right
Like larceny, embezzlement will not arise if the misappropriation is made under a claim of right to the property
False Pretenses - Definition
Obtaining title to another’s property using false statements of past or existing fact, with intent to defraud
False Pretenses - Required Elements (4)
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
Larceny by Trick - Definition
Obtaining possession of another’s personal property using false statements of past or existing fact
Larceny by Trick - Possession v. Ownership
Distinguishing Factor
L by T: D acquires possession
FP: D acquires title
Receipt of Stolen Property - Definition
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
Receipt of Stolen Property - Required Elements
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
Forgery - Definition
Creating or altering a written document with purported legal significance to be false, with the intent to defraud
Forgery - Required Elements
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
Robbery - Definition
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
Robbery - Force or Threat of Injury
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
Robbery - Larceny v. Robbery
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)
