Crimes Against Property

Question 1

larceny

Answer 1

• trespassory taking
• and carrying away
• of the personal property of another
• with the intent to permanently deprive the owner of the property

NOTE: intent MUST exist @ time of taking

Question 2

larceny by trick

Answer 2

obtain possession (not title) of the personal property of another by trick or deception

Question 3

false pretenses

Answer 3

• obtain title
• to personal property of another
• through the intentional false statement of material fact
• with intent to defraud

Question 4

embezzlement

Answer 4

• fraudulent or wrongful,
• conversion
• of personal property of another
• by a person with lawful possession of the property

NOTE: intent to permanently deprive the lawful owner of the property is required

Question 5

receiving stolen property

Answer 5

when a person
- receives possession of stolen property
- who knows the property is stolen when receiving it
- with the intent to permanently deprive the owner of the property

Question 6

robbery

Answer 6

is the
- trespassory taking and carrying away
- of the personal property of another
- in their presence
- by the use of force or threat of immediate physical harm
- with the intent to permanently deprive the owner of ther proeprty

Armed robbery: above elements + use of a dangerous weapon

Question 7

burglary

Answer 7

is the
- breaking and entering
- of a dwelling
- of another
- at night
- for the purpose of committing a felony inside

NOTE: most jxs extend burglary to include breaking into any structure @ any time

Question 8

arson

Answer 8

is the
- malicious
- burning
- of a dwelling
- of another

Majority of states: includes damage (i) caused by explosives, and (ii) to other types of buildings and vehicles

Question 9

criminal possession

Answer 9

the unlawful possession of an item according to statute (ie, weapon, drugs)
- to be found guilty, usually need both:
1. knowledge of the possession, AND
2. knowledge of what the item is