Crimes against Property

Question 1

What are Crimes against Property?

Answer 1

Misappropriation or misuse of property which can be tangible or intangible.

1. Arson
2. Breaking and Entering
3. Burglary
4. Embezzlement
5. False Pretenses
6. Larceny
7. Trespass
8. Robbery

Question 2

1. Arson

Answer 2

(1) The willful or malicious (2) setting fire to or burning (3) of a dwelling or occupied structure
(4) of another

Malicious: D acted intentionally or recklessly in causing the burning of another’s building

Question 3

2. Breaking and Entering

Answer 3

(1) The unauthorized entry (2) of any dwelling or occupied structure (3) where entry is obtained by fraud or deception (4) or by the breaking or dismantling of any part of the dwelling or occupied structure.

General Intent Crime

Question 4

3. Burglary

Answer 4

(1) The unauthorized entry (2) of any dwelling or occupied structure, (3) with the intent (4) to commit a felony therein

Specific Intent Crime
*Requires trespassing on the property

Question 5

4. Embezzlement

Answer 5

(1)The fraudulent conversion of property (2) of another (3) by a person who is in lawful possession of it.

• Usually associated with D’s abuse of position of trust (attorney, accountant or financial advisor)

Question 6

5. False pretenses

Answer 6

(1) Obtaining TITLE to (2) property of another (3) through a knowing misrepresentation of material fact (4) with intent to defraud

• If there is consent given then it is considered Theft by False Pretenses
• If there is NO consent and is trespassory then it is considered Larceny by false pretenses

Question 7

6. Larceny

Answer 7

(1)The trespassory (2) taking and carrying away of (4) the personal property (5) of another, (6) with the intent to permanently deprive the owner of the property.

• Requires Asportation (Carrying away stolen property continuously until D reaches a place of temporary safety.
• Taking means exercising control over the property

Question 8

7. Trespass

Answer 8

(1) person without the privilege to do so, knowingly enters or remains (3) on the land of another.

General Intent Crime

Question 9

8. Robbery

Answer 9

(1) Larceny (2) by force.

Presence: the property must have been close enough that the victim could have prevented the taking if there was no force used.

Question 10

Defenses to Property Crimes:

Answer 10

1. Abandoned Property:
   * Property is abandoned if its owner voluntarily and intentionally relinquishes title and possession of the property without regard to who later might take it.
2. Claim-of-Right:
   *D’s good-faith claim of right to the property will NOT prevent liability for robbery because it negates the intent to deprive permanently.
   *This is a defense to larceny.