Crimes Against Property

Question 1

Key Distinctions Between the Theft Crimes

Answer 1

Larceny requires that you obtain possession unlawfully
False Pretenses requires that you obtain title falsely
Embezzlement requires that you convert (misuse) property entrusted to you

Question 2

Elements of Larceny

Answer 2

(i) A taking (caption);
(ii) And carrying away (asportation);
(iii) Of tangible personal property;
(iv) Of another;(v) By trespass;
(vi) With intent to permanently (or for an unreasonable time) deprive the person of his interest in the property.

Intent also satisfied if D recklessly exposes property to substantial risk of loss

Question 3

Elements of Embezzlement

Answer 3

(i) The fraudulent;
(ii) Conversion;
(iii) Of property;
(iv) Of another;
(v) By a person in lawful possession of that property.

Question 4

Fraudulent conversion by a co-owner of property is

Answer 4

not embezzlement.

Question 5

Elements of Robbery

Answer 5

(i) A taking;
(ii) Of personal property of another;
(iii) From the other’s person or presence;
(iv) By force or intimidation;
(v) With the intent to permanently deprive him of it.

Question 6

What are some lesser included offenses of robbery?

Answer 6

Larceny, assault, and battery are all lesser-included offenses of robbery (which means that all of the elements of the lesser offense are included within the greater offense).

Question 7

The offense of false pretenses generally consists of:

Answer 7

(i) Obtaining title;
(ii) To the property of another;
(iii) By a knowing (or, in some states, an intentional) false statement of past or existing fact;
(iv) With intent to defraud the other.

Question 8

Larceny by trick is a form of larceny whereby the defendant…

Answer 8

obtains possession of the personal property of another by means of a representation or promise that he knows is false at the time he takes possession.

Question 9

The elements of receiving stolen property:

Answer 9

Receipt of stolen property consists of:

(i) receiving possession and control;
(ii) of stolen personal property;
(iii) known to have been obtained in a manner constituting a criminal offense;
(iv) by another person;
(v) with the intent to permanently deprive the owner of his interest in it.

Question 10

Common law burglary consists of:

Answer 10

(i) a breaking (creating or enlarging an opening by at least minimal force, fraud, or intimidation);
(ii) and entry (placing any portion of the body or any instrument used to commit the crime into the structure);
(iii) of a dwelling (a structure used with regularity for sleeping purposes, even if used for other purposes such as conducting a business);
(iv) of another (ownership is irrelevant; occupancy by someone other than the defendant is sufficient);
(v) at nighttime;
(vi) with the intent to commit a felony in the structure. [at the time of entry]

Question 11

Arson at common law consists of:

Answer 11

(i) the malicious (i.e. intentional or with reckless disregard of an obvious risk);
(ii) burning (requiring some damage to the structure caused by fire);
(iii) of the dwelling;
(iv) of another.