crimes against property

Question 1

intent required for theft crimes

Answer 1

intent to permanently deprive.

*An unlawful taking, even with intent to temporarily deprive, is never theft.

Question 2

analyzing theft crimes

Answer 2

How the defendant obtained the property (trespass, delivery, or trick).

Whether the defendant acquired custody, possession, or title to the property.

Whether the defendant had the intent to permanently deprive (steal) the property at some time while still in unlawful possession of the property.

Question 3

Larceny

Answer 3

1. trespassory taking (occurs when a person exercises dominion and control over another’s property without consent or right)
2. and carrying away
3. of personal property or another
4. with intent to permanently deprive or steal

*specific intent

(Intent is satisfied if the defendant recklessly exposes property to loss or deals with property in a manner involving substantial risk of loss.)

Question 4

continuing trespass doctrine

Answer 4

D takes property, but at the time intends the taking to be temporary, and later decides to permanently deprive the owner of the property, the doctrine of continuing trespass establishes concurrence between the unlawful taking and the requisite intent to steal.

Question 5

negating intent to steal

Answer 5

1. when you honestly think the property is yours, no matter how unreasonable.
2. when, at the time of taking, the D intends to return the property to the V unconditionally and within a reasonable time.

Question 6

What constitutes an intent to permanently deprive?

Answer 6

Intent to:

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

Question 7

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

Answer 7

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

The owner of a lost object continues in “constructive possession” of it until someone finds it. Thus, if the finder forms an intent to permanently deprive the owner at the moment the object is found, there is a sufficient trespassory taking to support a conviction for larceny.

Question 8

Embezzlement

Answer 8

1. the unlawful conversion
2. of the personal property of another
3. by D who is already in lawful possession
4. with the intent to permanently deprive

Question 9

conversion

Answer 9

transforming someone else’s property to your own – there must be some action toward the property that seriously interferes with the owner’s rights, i.e. selling, consuming, damaging, claiming title to it.

Question 10

Robbery

Answer 10

all elements of larceny +
1. taking from the victim’s person or presence
2. by force or threat of force that places V in actual fear at the time of taking

Question 11

theft by false pretenses

Answer 11

obtaining title to property owned by someone else through fraud.
1. false representation by D
2. which causes V to pass title to his property to the D; and
3. D intends to thereby fraud

Question 12

larceny by trick

Answer 12

obtaining possession of property through fraud

*this is possession, not title

Question 13

extortion

Answer 13

1. obtaining the property of another
2. by threat of future harm to V or her property

*tip: if threat of present harm, probably robbery

Question 14

Receipt of stolen property

Answer 14

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

Question 15

forgery

Answer 15

1. making a false writing
2. with apparent legal significance
3. with intent to defraud