Crimes Against Property Flashcards
Larceny - Elements
Tresspatory Taking carrying away tangible personal property of another with intent to permanently deprive
Keys to distinguishing Theft Crimes
Did the Defendant acquire
Custody - embezzlement
Title - false pretenses
Possession - larceny
Larceny - the taking
assertion of dominion and control
where accomplished by trickery = larceny by trick
Larceny - carrying away
asportation is complete upon even the slightest movement
larceny - tangible personal property - CL and Modern Law
CL limited to tangible personal property
Modern law includes services and intangibles
abandoned property cannot be the subject of larceny
larceny for Lost or Mislaid property
finder must
- intend to permanently deprive owner and
- know or identify the owner from the circumstances of the finding
Larceny - of another
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
Larceny - intent to permanently deprive
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.
Doctrine of Continuing Trespass
trespatory taking continues until the intent to permanently deprive is formed.
Reckless temporary use of property and intent of larceny
recklessly use and abandonment hoping someone will return it
even if it is returned, intent element is satisfied.
Pawning or paying for property later as defense to larceny
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.
taking and carrying away and intent to permanently deprive elements of Larceny
asportation and intent to deprive permanently (animus furandi) must concur in time
embezzlement - elements
unlawful conversion or misappropriation;
of the property of another;
by one in lawful possession
Conversion element of embezzlement
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
Embezzlement - property of another
refers to tangible personal property, not services.
modern statutes may include real estate
Larceny v Embezzlement
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
Robbery - elements
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
Lesser included offenses of Robbery
Larceny
Assault
Battery
*all elements are present in the above crimes are present in Robbery
Obtaining Property by False Pretenses - elements
- false representation of material fact
- causes V to pass title to property
- to D
- who knows representation is false
- intends to defraud the victim
false pretenses v larceny by trick
title passes to D with false pretenses with false pretenses
Where D acquires possession only it is larceny by trick
False Pretenses - knowledge of representation
D must know representation to be false at the time V transfers title to him.
Bad Checks
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
Credit Card Fraud
A statutory crime in most jurisdictions whereby individual obtains property by means of a stolen or unauthorized credit card
Larceny by Trick
obtain possession of personal property
by means of a false representation
known to be false at the time he takes possession
Extortion - common law definition
misdemeanor
corrupt demand
by a public official
under color of his office
Extortion - modern statutory law
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.
Receiving stolen property
CL misdemeanor
receive stolen property;
known to be stolen;
intent to permanently deprive
Receiving Stolen Property - Possession of stolen property
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
Receiving Stolen Goods - Known to be stolen element
must know or believe property to be stolen
honest but unreasonable belief property is not stolen may alleviate guilt
Receiving Stolen Property - Intent to deprive element
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
Forgery - Elements
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.
Forgery - false writing of apparent legal significance
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
Forgery - intent to make wrongful use
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.
Burglary at common law
Breaking and entering of a dwelling house of another in the nighttime with intent to commit a felony therein
Burglary - the breaking element
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
Burglary - Entering element
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.
Burglary - breaking and entering nexus
may occur at different times but must be related
both must be done without the occupants consent
Burglary - Dwelling house element
CL included structures within the immediate area (curtilage).
Modern statutes now include any structure, even without a roof - lumberyard
Burglary - in the nighttime element
at common law needed to occur between sunset and sunrise
modern statutes have largely eliminated this element
Burglary - intent to commit a felony therein
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.
Arson - elements
Malicious
Burning
of the dwelling
of another
Arson - malicious intent
action involved a substantial risk of burning
Arson - Burning element
requires charring, not mere blackening, of the structure.
Burning of the contents without damage to the structure is not sufficient.
Arson - of another
Requirement includes where owner maliciously burns his own structure
Analysis of Theft Crimes
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.
Defenses to Larceny, larceny by trick, and embezzlement
Genuine belief it is your property, abandoned, or claim of right (even if unreasonable)
Defense to False Pretenses
No material reliance on false representation
