Crimes Against Property

Question 1

The key to analyzing theft crimes is to examine three criteria:

Answer 1

a. How the defendant obtained the property: trespass, delivery, or trick;
b. Whether the defendant acquired custody, possession, or title to the property; and
c. Whether the defendant formed the intent to permanently deprive (steal) the property at some time while still in unlawful possession of the property.

Question 2

If defendant never forms the intent to permanently deprive before the property is restored the rightful possessor,

Answer 2

defendant cannot be guilty of any form of theft offense. An unlawful taking, even with intent to temporarily deprive, is never theft.

Question 3

What intent is required for all theft offenses?

Answer 3

intent to permanently deprive

Question 4

Larceny is the crime of:

Answer 4

unlawful + taking of property + in someone else’s possession + intent to permanently deprive

Question 5

Embezzlement is the crime of:

Answer 5

unlawful + conversion + already in ∆’s possession + intent to permanently deprive

Question 6

Theft by false pretenses is the crime of:

Answer 6

obtaining title to property owned by someone else + fraud + intent to permanently deprive

Question 7

Larceny by trick is the crime of:

Answer 7

obtaining possession to property owned by someone else + fraud + intent to permanently deprive

Question 8

What are the forms of control?

Answer 8

a. Title = legal ownership, and implies possession.
b. Possession = full dominion and control over the property, but does not require title.
c. Custody = physical control of property in someone else’s possession without full dominion over the property–the possessor places strict limits on permissible use of the property.

Question 9

Larceny elements

5

Answer 9

1. Wrongful taking
2. carrying away (slight movement)
3. tangible personal property
4. of another
5. intent to permanently deprive owner

Question 10

intent to permanently deprive owner is satisfied by

Answer 10

intent to

1. keep
2. destroy
3. hold for ransom

Question 11

Under the doctrine of “continuing trespass,” a trespassory taking

Answer 11

Brings later established intent to the actual taking

if the defendant takes property unlawfully intending at the time of the taking only to use it temporarily, but later decides to permanently deprive the owner of the property, this doctrine establishes concurrence between the unlawful taking and the requisite intent to steal.

Question 12

Can you steal something that you honestly think is yours?

Answer 12

No, no matter how unreasonable the belief is

Question 13

Embezzlement elements

3

Answer 13

1. unlawful conversion or misappropriation;
2. of tangible personal property of another; by
3. by a ∆ already in lawful possession of the property

Question 14

What does conversion mean? How is it established?

Answer 14

Conversion means transforming possession of someone else’s property to your own. Conversion is established by any action toward the property that seriously interferes with the owner’s rights

Question 15

Examples of conversion

7

Answer 15

1. selling
2. consuming
3. pledging
4. donating
5. discarding
6. heavily damaging
7. claiming title to

Question 16

The specific fraudulent intent to steal may be negated by

Answer 16

an honest belief of claim of right; or,

Intent to restore the exact property

Question 17

Robbery elements

7

Answer 17

1. Wrongful taking
2. carrying away (slight movement)
3. tangible personal property
4. of another
5. intent to permanently deprive owner
6. By Force or threat of force
7. from victim’s person or presence

Question 18

Robbery requirement of force or threat of force will be satisfied
(2)

Answer 18

Will be satisfied by slight force
-must be more than what is needed to to take the property
+
Contemporaneous with the taking

Question 19

Obtaining Property by False Pretenses elements

5

Answer 19

Defendant obtains legal title to the property by a fraud and then moves it

a. A false representation of a present or past material fact by the defendant
b. Which causes the victim to pass title to his property
c. To the defendant
d. Who knows it is false
e. And intends thereby to defraud.

Question 20

Larceny by Trick, ∆ obtains

Answer 20

possession, not title, by means of misrepresentation

Question 21

For both Obtaining Property by False Pretenses and Larceny by Trick, the evidence must show

Answer 21

that Defendant obtained the property as the result of reliance on the material misrepresentation.

Question 22

Tricking an owner to deliver by writing a check of insufficient funds is . . .

Answer 22

A larceny by trick not property by false pretenses

Question 23

Extortion, commonly called blackmail, elements

2

Answer 23

obtaining property of another
+
By threats of future harm to the victim or his property

Question 24

Receiving stolen property elements

Answer 24

Misdemeanor

1. ∆ receives stolen property
2. ∆knows that it is stolen; and,
3. ∆ receives with the intent to permanently deprive the owner of their property

Question 25

Forgery is defined as

Answer 25

``` The fraudulent making of a false writing + With an apparent legal significance + With the intent to make wrongful use of that forged document ```

Question 26

If obtaining property by threats of future harm vs. present harm.

Answer 26

Extortion v. robbery

Question 27

Burglary elements | 5

Answer 27

1. The breaking 2. entering 3. dwelling house 4. of another 5. intent to commit a felony therein

Question 28

Burglary "breaking" element requires | 3

Answer 28

1. some act of force, including the slightest enlargement of an opening; 2. Entry by Fraud/Deception; or, 3. Entry by threat of force

Question 29

Burglary "entering" element requires

Answer 29

∆ placing any portion of the body inside the structure | -including using a tool to take something out after breaking

Question 30

Burglary "intent to commit a felon therein" element requires

Answer 30

Simultaneous felonious intent | -if formed after entry, it is insufficient

Question 31

Arson elements

Answer 31

``` malicious act + Creates a considerable risk of a burning + house of another ```

Question 32

If originally had the intent to steal, what happens when you return it?

Answer 32

It does not do anything, still larceny

Question 33

If abandoning property if originally had intent to steal, what happens to liability?

Answer 33

Still larceny

Question 34

If ∆ pawns stolen property and intends to later return it, what happens

Answer 34

not larceny if intend to later return it

Question 35

How can a finder of mislaid property be guilty of larceny?

Answer 35

1. The finder intends to keep the property; and, | 2. The finder either knows who the owner is or has reason to know that she can find the owner