Crimes Against Property

Question 0

Larceny - Elements

Answer 0

Tresspatory Taking
carrying away
tangible personal property
of another
with intent to permanently deprive

Question 1

Keys to distinguishing Theft Crimes

Answer 1

Did the Defendant acquire
Custody - embezzlement
Title - false pretenses
Possession - larceny

Question 2

Larceny - the taking

Answer 2

assertion of dominion and control

where accomplished by trickery = larceny by trick

Question 3

Larceny - carrying away

Answer 3

asportation is complete upon even the slightest movement

Question 4

larceny - tangible personal property - CL and Modern Law

Answer 4

CL limited to tangible personal property

Modern law includes services and intangibles

abandoned property cannot be the subject of larceny

Question 5

larceny for Lost or Mislaid property

Answer 5

finder must

1. intend to permanently deprive owner and
2. know or identify the owner from the circumstances of the finding

Question 6

Larceny - of another

Answer 6

a good faith claim of right is a valid defense for larceny
Larceny is a crime of possession so a person can be guilty of larceny of his own property where another has lawful possession of the owners property

Question 7

Larceny - intent to permanently deprive

Answer 7

intent to permanently deprive must accompany tresspatory taking.

reckless exposure of the property to loss will satisfy element

intent to return the unconditionally in a reasonable period, negates intent to deprive,
even if prevented from actual return
However, return is not conclusive of lack of intent.

Question 8

Doctrine of Continuing Trespass

Answer 8

trespatory taking continues until the intent to permanently deprive is formed.

Question 9

Reckless temporary use of property and intent of larceny

Answer 9

recklessly use and abandonment hoping someone will return it
even if it is returned, intent element is satisfied.

Question 10

Pawning or paying for property later as defense to larceny

Answer 10

Pawn - may negate intent element if intended to redeem the property and return it to the victim, therefore not permanently deprive

pay for later or replace may negate intent element if the property is easily replaceable and not unique.

Question 11

taking and carrying away and intent to permanently deprive elements of Larceny

Answer 11

asportation and intent to deprive permanently (animus furandi) must concur in time

Question 12

embezzlement - elements

Answer 12

unlawful conversion or misappropriation;
of the property of another;
by one in lawful possession

Question 13

Conversion element of embezzlement

Answer 13

action toward property seriously interferes with rights of the owner

intent to substitute or return is no defense

honestly believed in right to use property or
Present intent to restore the exact property is a defense

Question 14

Embezzlement - property of another

Answer 14

refers to tangible personal property, not services.

modern statutes may include real estate

Question 15

Larceny v Embezzlement

Answer 15

embezzlement involves misappropriating by a D who has lawful possession, as opposed to custody. Therefore there is no overlap with larceny.
Some statutes require property to be entrusted to D
fraudulent conversion by a co-owner is not embezzlement

Question 16

Robbery - elements

Answer 16

Larceny by force or threat of force.

Taking is from person or in the presence of victim
accomplished by force, or threat of force,
carrying away
of tangible property
of another
with the intent to personally deprive the owner

Question 17

Lesser included offenses of Robbery

Answer 17

Larceny
Assault
Battery

*all elements are present in the above crimes are present in Robbery

Question 18

Obtaining Property by False Pretenses - elements

Answer 18

1. false representation of material fact
2. causes V to pass title to property
3. to D
4. who knows representation is false
5. intends to defraud the victim

Question 19

false pretenses v larceny by trick

Answer 19

title passes to D with false pretenses with false pretenses

Where D acquires possession only it is larceny by trick

Question 20

False Pretenses - knowledge of representation

Answer 20

D must know representation to be false at the time V transfers title to him.

Question 21

Bad Checks

Answer 21

Statues generally do not require any property be obtained as a result

generally require knowledge of insufficient funds and the intent to defraud to constitute a crime

Question 22

Credit Card Fraud

Answer 22

A statutory crime in most jurisdictions whereby individual obtains property by means of a stolen or unauthorized credit card

Question 23

Larceny by Trick

Answer 23

obtain possession of personal property
by means of a false representation
known to be false at the time he takes possession

Question 24

Extortion - common law definition

Answer 24

misdemeanor
corrupt demand
by a public official
under color of his office

Question 25

Extortion - modern statutory law

Answer 25

Obtaining property of another
use of threats of future harm
to victim or his property

no immediate harm required

Threats made for collection of a valid debt are not extortion generally but some states do consider it so.

Question 26

Receiving stolen property

Answer 26

CL misdemeanor

receive stolen property;
known to be stolen;
intent to permanently deprive

Question 27

Receiving Stolen Property - Possession of stolen property

Answer 27

receipt of physical possession of stolen property is not required if

D exercises control over the goods - ie having the thief place the goods in a designated place

Question 28

Receiving Stolen Goods - Known to be stolen element

Answer 28

must know or believe property to be stolen

honest but unreasonable belief property is not stolen may alleviate guilt

Question 29

Receiving Stolen Property - Intent to deprive element

Answer 29

must have specific intent to permanently deprive the owner

a conditional offer to return the property may be evidence to deprive

D need not act for personal gain

Question 30

Forgery - Elements

Answer 30

Fraudulent making
of a false writing
apparent legal significance
with the intent to make wrongful use of the document
Alteration must be material.
Minor or insignificant alteration not sufficient.

Question 31

Forgery - false writing of apparent legal significance

Answer 31

document is itself false - not just include false information
alteration must be material
must have purpose and value beyond its own existence
A document merely valuable because of its existence does not fall within the definition of forgery

Question 32

Forgery - intent to make wrongful use

Answer 32

requires intent to make wrongful use
not necessarily for monetary gain
intent to reimburse a victim or collect on a good faith claim of debt does not negate the element.

Question 33

Burglary at common law

Answer 33

Breaking
and entering
of a dwelling house
of another
in the nighttime
with intent to commit a felony therein

Question 34

Burglary - the breaking element

Answer 34

some use of force required
or D gains entry by fraud, deception, or threat of force (constructive breaking)

some statutes have eliminated the breaking element altogether

Question 35

Burglary - Entering element

Answer 35

entry must be made
breaking to exit rather than enter is not sufficient
by placing any portion of the body inside the structure is enough
Use of an instrument at common law was not sufficient - modern law it is.

Question 36

Burglary - breaking and entering nexus

Answer 36

may occur at different times but must be related

both must be done without the occupants consent

Question 37

Burglary - Dwelling house element

Answer 37

CL included structures within the immediate area (curtilage).

Modern statutes now include any structure, even without a roof - lumberyard

Question 38

Burglary - in the nighttime element

Answer 38

at common law needed to occur between sunset and sunrise

modern statutes have largely eliminated this element

Question 39

Burglary - intent to commit a felony therein

Answer 39

breaking and entering must be accompanied by a simultaneous felonious intent
Intent formed after entry is insufficient absent additional entry inside.
Burglary is complete when D enters with felonious intent regardless of success or continuation of the effort.

Question 40

Arson - elements

Answer 40

Malicious
Burning
of the dwelling
of another

Question 41

Arson - malicious intent

Answer 41

action involved a substantial risk of burning

Question 42

Arson - Burning element

Answer 42

requires charring, not mere blackening, of the structure.

Burning of the contents without damage to the structure is not sufficient.

Question 43

Arson - of another

Answer 43

Requirement includes where owner maliciously burns his own structure

Question 44

Analysis of Theft Crimes

Answer 44

How did D obtain the property - trespass, delivery, or trick

Did D obtain title or possession?

Did D form the intent to permanently deprive at some time while still in unlawful possession. Absent intent to permanently deprive D cannot be guilty of any theft offense.

Question 45

Defenses to Larceny, larceny by trick, and embezzlement

Answer 45

Genuine belief it is your property, abandoned, or claim of right (even if unreasonable)

Question 46

Defense to False Pretenses

Answer 46

No material reliance on false representation