Crimes Against Property Flashcards
What intent is required for theft offenses?
Intent to permanently deprive
What constitutes an intent to permanently deprive?
Intent to:
- Keep the property;
- Abandon the property;
- Destroy the property; or
- Hold the property for ransom
Define
Doctrine of continuing trespass
If D takes property without the intent to permanently deprive and then** later decides to keep** the property, D will be considered to have the latter intent at the time of taking (i.e. D will be guilty of larceny)
What will negate the intent to steal?
An honest belief of claim of right (no matter how unreasonable); or
The intent to restore the exact property
Elements of larceny
- Trespassory taking of personal property;
- In another’s possession;
- With intent to permanently deprive the owner thereof
If D originally intended to permanently deprive, but then later decided to return or abandon the object, what is D’s criminal liability?
Even though D changed their mind, D will be guilty of larceny due to their original intent
Can you be guilty of larceny if you are in lawful possession of the object at the time of taking?
No, it must be an unlawful taking to constitute larceny
Under common law, is D guilty of larceny for failing to return or report lost or mislaid property?
Yes, if, at the time of finding D:
- Intends to keep property that;
- He either knows or has reason to know has a rightful owner
How does the MPC treat lost and mislaid property?
Under MPC §223.5, D is liable if “with purpose to deprive the owner thereof, he **fails to take reasonable measures **to restore the property to a person entitled to have it.”
⚠️ Note: The key difference between the MPC and common law is that under the MPC, the finder’s intent at the time of finding is irrelevant.
Elements of larceny by trick
- Fraudulently obtaining possession of property owned by someone else;
- With intent to permanently deprive
Elements of theft by false pretenses
- Fraudulently obtaining title to property owned by someone else;
- With intent to permanently deprive
For the purposes of theft by false pretenses, when does D gain title to the object?
Depends on the objective intent of the owner.
If the owner intends to get the object back, they are only transferring possession.
If they do not intend to get the object back, they are transferring both possession AND title.
Distinguish theft by false pretenses from larceny by trick
Theft by false pretenses: D gains possession AND title of the object
Larceny by trick: D only gains possession of the object
How is theft by false pretenses similar to larceny by trick?
Both require evidence that D obtained the property fraudulently (i.e. as the result of a false representation of material fact to the victim)
Elements of embezzlement
- Fraudulent;
- Conversion;
- Of property;
- Of another;
- By someone in lawful possession of the property
Elements of robbery
- Larceny (the unlawful taking of another’s property with the intent to permanently deprive)
- From the person of another;
- By force or threat of force
Can you be convicted for both larceny and robbery?
No, because robbery is larceny + force
Elements of extortion
- Taking of money or property from another;
- By threats of future harm to the victim or her property
Differentiate between robbery and extortion
Robbery: threat of immediate harm
Extortion: threat of future harm
Elements for receipt of stolen property
- Receiving control of stolen property;
- With the knowledge that it is stolen;
- With the intent to deprive the owner thereof
Elements of forgery
- Making of a false writing;
- With apparent legal significance;
- With the intent to defraud
Elements of common law burglary
- Breaking;
- Entering;
- Into the dwelling;
- Of another;
- At nighttime;
- With specific intent to commit a felony therein
- ⚠️ Note: Most jurisdictions have dropped the requirement that the crime occur at nighttime.
Elements of common law arson
- Malicious;
- Burning;
- Of the dwelling;
- Of another
