Crimes Against Property

Question 1

Theft

Answer 1

Theft is a modern statutory crime (not common law) and there’s trend of combining larceny, embezzlement, false pretenses, and receipt of stolen goods as “theft”

Question 2

Common Law Larceny

Answer 2

(a) Taking and carrying away (“asportation”)
* Any slight movement satisfies “asportation”

(b) of tangible property
* personal property capable of being possessed, with some value

(c) of another
* taken from person with possessory interest superior to D’s
* or D misappropriated property while it was in D’s custody (but NOT D’s possession; that’s embezzlement)

(d) by trespass
* D took property without consent from owner or consent was obtained by fraud (larceny by trick)

(e) with intent to permanently (or for unreasonably long time) deprive the owner of his interest in the property
* must have existed at the moment of taking the property!!!

Continuing Trespass Doctrine: Where D initially takes property with wrongful state of mind (ex. borrows without permission) and then decides to KEEP property permanently, D guilty of larceny
* Trespass continued until requisite state of mind was formed

Question 3

Common Law Robbery

Answer 3

(a) Taking of personal property
(b) from another’s person or PRESENCE
(c) by force or fear
* Force is sufficient to overcome victim’s efforts to resist
* Force can be used to retain possession

(d) with intent to permanently deprive him of it

Question 4

Common Law Burglary

Modern twist?

Answer 4

(a) breaking and entering
* Breaking: requires force but minimal force is OK (ex. pushing door open)
* Entering: putting any part of body inside structure

(b) into dwelling
* structure is “dwelling” even if it has multiple uses (ex. business run out of front room)

(c) of another
* structure is used by someone other than D

(d) at night

(e) with intent to commit a felony therein
* D must have intent at time of entry

Modern View:
* doesn’t require breaking
* burglary can be anytime during day/night
* structure doesn’t need to be dwelling (can be office)

Question 5

Common Law Embezzlement

Answer 5

(a) fraudulent conversion
* requires intentional conversion, where D handles property inconsistent with the way he was entrusted with it
* requires intent to defraud
* doesn’t need to result in personal gain to D

(b) of property of another
* usually personal property (some jx include real property)

(c) by person in lawful possession of property
* someone else owns property
* different from larceny in that D had lawful possession of it

Ex. D stealing money from company and donating to charity is still embezzlement even though he didn’t benefit from it

Question 6

Receipt of Stolen Property

Answer 6

(a) D received possession and control
(b) of stolen personal property
(c) that D KNEW was taken in a criminal manner by another who had an intent to permanently deprive owner of it

Question 7

False Pretenses

Answer 7

• Obtaining title
• to personal property of another
• by intentional false statement of past or existing fact
• with the intent to defraud the other

false pretenses = title by trick
larceny by trick = possession by trick

Question 8

Arson

Answer 8

• burning (charring is sufficient)
• of a dwelling (modernly, structure)
• of another
• with malice (intentional or reckless)

Question 9

Extortion

Answer 9

Modern: obtaining property by means of threats to do harm/expose information
* Diff from robbery - it’s regarding future harm and doesn’t need to be in victim’s presence

Question 10

Forgery

Answer 10

• making or altering
• a writing with apparent legal significance
• making it false
• with intent to defraud