Crimes against Property Flashcards
MEE Discussion of Theft Crimes
In an essay, discuss all relevant theft crimes separately even if they eventually merge into a single crime.
Larceny
Trespassory TAKING and CARRYING away of the personal property of another WITHOUT CONSENT, with the specific intent to PERMANENTLY DEPRIVE the owner of the property at the time of the taking.
- Taking and Carrying away can be met by slightest movement.
- Intent to permanently deprive must be present at time of taking.
Embezzlement
The fraudulent conversion of the property of another by a person who is in lawful possession of the property.
Ex. O’s car breaks down. O entrust to M, a mechanic, for repair. M fixes car and sells it to T. M has been very naughty and committed embezzlement
False Pretenses
D gets title to property of another person through RELIANCE of that person on a FALSE REPRESENTATION of material fact made by D with intent to defraud.
False rep: must be FALSE and MATERIAL PAST OR PRESENT FACT, not opinion puffing, or false promise.
Reliance: V must rely on false rep which cause V to pass title to D
Intent to defraud: D must KNOW rep is false and specifically intend to defraud.
Robbery
Larceny by FORCE or INTIMIDATION when taking of property is FROM V OR IN V’S PRESENCE
Burglary
The breaking and entering of the dwelling of another at night with the SI to commit a felony therein.
* Breaking: slightest push is enough
* Entering: merely crossing threshold can be sufficient
* Specific Intent to commit F: D has intent to commit F at time of breaking and entering
* D who fails to commit underlying felony may still be guilty of both burglary and the attempt to commit the underlying felony.
Receipt of Stolen Property
Receive control over stolen property with the knowledge that it’s stolen and intent to permanently deprive owner of property.
INCHOATE CRIMES
Conspiracy and Attempt
Conspiracy
Majority Rule
- An agreement between two or more people to accomplish an unlawful purpose;
- with specific intent to agree and commit the criminal objective; and
- an overt act in furtherance of the conspiracy
Tip: D can be convicted of conspiracy to commit crime AND underlying crime itself.
NO MERGER DOCTRINE WITH REGARDS TO CONSPIRACY
Liability for Co-Conspirator Crimes
A conspirator is liable for the conspiracy AND
all the crimes of a co-conspirator committed in furtherance of the conspiracy.
Withdrawal from Conspiracy
Majority Rule
After there has been an agreement but BEFORE an OVERT ACT committed, a person may avoid criminal liability for conspiracy by either:
* communicating notice of intent not to participate to the other co-conspirators; or
* Informin the police about the agreement
Attempt
Attempt requires a SUBSTANTIAL STEP toward commission of a crime COUPLED with the specific intent to commit the crime.
* MERE PREPARATION isn’t enough.
* If person succeeds in committing crime, will not be liable for the attempt AND crime itslef due to the doctrine of merger.
Abandonment
At CL, once D has taken a SUBSTANTIAL STEP toward the commission of the crime, D may not legally abandon the attempt to commit the crime.
* Some states recognize voluntary abandonment as defense to attempt.
* But abandonment is not voluntary if it is motivated by desire to avoid detection.
