Crimes Against Property

Question 1

What intent is required for theft offenses?

Answer 1

Intent to permanently deprive

Question 2

What constitutes an intent to permanently deprive?

Answer 2

Intent to:

• Keep the property;
• Abandon the property;
• Destroy the property; or
• Hold the property for ransom

Question 3

Define

Doctrine of continuing trespass

Answer 3

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)

Question 4

What will negate the intent to steal?

Answer 4

An honest belief of claim of right (no matter how unreasonable); or
The intent to restore the exact property

Question 5

Elements of larceny

Answer 5

1. Trespassory taking of personal property;
2. In another’s possession;
3. With intent to permanently deprive the owner thereof

Question 6

If D originally intended to permanently deprive, but then later decided to return or abandon the object, what is D’s criminal liability?

Answer 6

Even though D changed their mind, D will be guilty of larceny due to their original intent

Question 7

Can you be guilty of larceny if you are in lawful possession of the object at the time of taking?

Answer 7

No, it must be an unlawful taking to constitute larceny

Question 8

Under common law, is D guilty of larceny for failing to return or report lost or mislaid property?

Answer 8

Yes, if, at the time of finding D:

1. Intends to keep property that;
2. He either knows or has reason to know has a rightful owner

Question 9

How does the MPC treat lost and mislaid property?

Answer 9

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.

Question 10

Elements of larceny by trick

Answer 10

1. Fraudulently obtaining possession of property owned by someone else;
2. With intent to permanently deprive

Question 11

Elements of theft by false pretenses

Answer 11

1. Fraudulently obtaining title to property owned by someone else;
2. With intent to permanently deprive

Question 12

For the purposes of theft by false pretenses, when does D gain title to the object?

Answer 12

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.

Question 13

Distinguish theft by false pretenses from larceny by trick

Answer 13

Theft by false pretenses: D gains possession AND title of the object

Larceny by trick: D only gains possession of the object

Question 14

How is theft by false pretenses similar to larceny by trick?

Answer 14

Both require evidence that D obtained the property fraudulently (i.e. as the result of a false representation of material fact to the victim)

Question 15

Elements of embezzlement

Answer 15

1. Fraudulent;
2. Conversion;
3. Of property;
4. Of another;
5. By someone in lawful possession of the property

Question 16

Elements of robbery

Answer 16

1. 1. Larceny (the unlawful taking of another’s property with the intent to permanently deprive)
2. From the person of another;
3. By force or threat of force

Question 17

Can you be convicted for both larceny and robbery?

Answer 17

No, because robbery is larceny + force

Question 18

Elements of extortion

Answer 18

1. Taking of money or property from another;
2. By threats of future harm to the victim or her property

Question 19

Differentiate between robbery and extortion

Answer 19

Robbery: threat of immediate harm

Extortion: threat of future harm

Question 20

Elements for receipt of stolen property

Answer 20

1. Receiving control of stolen property;
2. With the knowledge that it is stolen;
3. With the intent to deprive the owner thereof

Question 21

Elements of forgery

Answer 21

1. Making of a false writing;
2. With apparent legal significance;
3. With the intent to defraud

Question 22

Elements of common law burglary

Answer 22

1. Breaking;
2. Entering;
3. Into the dwelling;
4. Of another;
5. At nighttime;
6. With specific intent to commit a felony therein
7. ⚠️ Note: Most jurisdictions have dropped the requirement that the crime occur at nighttime.

Question 23

Elements of common law arson

Answer 23

1. Malicious;
2. Burning;
3. Of the dwelling;
4. Of another