Crimes Against Property

Question 1

What are the three steps to analyzing theft crimes?

Answer 1

Step 1: Identify how the defendant obtained the property:

a. Trespass
b. Delivery

or

c. Trick.

Step 2: Determine whether the defendant acquired:

a. Custody
b. Possession,

or

c. Title to the property

Step 3: Evaluate 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

What is the effect if a ∆ never forms the intent to permanently deprive a person of property they take?

Answer 2

∆ cannot be guilty of any form of theft offense.

Question 3

What intent is required for all theft offenses?

Answer 3

Intent to permanently deprive.

Question 4

What are the elements of larceny?

Answer 4

1. Unlawful taking of property
2. In someone else’s possession

And

3. Intent to permanently deprive

Question 5

What are the elements of embezzlement?

Answer 5

1. ∆ lawfully had property entrusted to their posession
2. ∆ unlawfully converts the property to a non-entrusted use
3. ∆ converts the property with an intent to permanently deprive.

Question 6

What are the elements of theft by false pretenses?

Answer 6

1. Fraudulently obtaining title to property owned by someone else And
2. ∆ intends to permanently deprive.

Question 7

What are the elements of larceny by trick?

Answer 7

1. Fraudulently obtaining possession to property owned by someone else

And

2. ∆ intends to permanently deprive.

Question 8

What are the forms of control?

Answer 8

Title: legal ownership and implies possession.

Possession: full dominion and control over the property, but does not require title.

Custody: physical control of property in someone else’s possession without full dominion over the property.

Question 9

What are the elements for Larceny?

Answer 9

1. ∆ wrongful takes another person’s property
2. ∆ moves the property
3. ∆ intends to permanently deprive the owner of the property.

Question 10

When is the intent to permanently deprive an owner satisfied?

Answer 10

∆ intends to

1. Keep the property
2. Destroy the property

Or

3. Hold the property for ransom.

Question 11

What is the doctrine of continuing trespass?

Answer 11

An ∆ who takes without the intent to deprive and later decides to keep the property is considering having the latter intent at the time of the taking.

The 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.

Question 13

What is a conversion and how is it established?

Answer 13

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 14

List 7 examples of conversion actions.

Answer 14

1. Selling
2. Consuming
3. Pledging
4. Donating
5. Discarding
6. Heavily damaging
7. Claiming title to

Question 15

What will negate the intent to steal?

Answer 15

1. An honest belief of claim of right

Or

2. The intent to restore the exact property.

Question 16

What are the elements of robbery?

Answer 16

1. The wrongful taking and carry away tangible personal property
2. By Force or Threat of Force to the victim
3. With the intent to permanently deprive the owner.

Question 17

When will the robbery requirement of force or threat of force be satisfied?

Answer 17

Will be satisfied by slight force contemporaneous with the taking (> than what is needed to to take the property)

Question 18

What are the elements of obtaining property by false pretenses?

Answer 18

1. ∆ knowingly makes false representation of a present or past material fact
2. ∆’s fraud causes the victim to pass title to his property to the defendant.

Question 19

What type of property control does ∆ obtain in a larceny by trick?

Answer 19

Possession

Question 20

What must the evidence show in both obtaining property by false pretenses and larceny by trick?

Answer 20

That ∆ obtained the property as the result of reliance on the material misrepresentation.

Question 21

Tricking an owner to deliver by writing a check of insufficient funds is what type of theft?

Answer 21

A larceny by trick.

Question 22

What are the elements of extortion?

Answer 22

1. ∆ obtains property
2. By threats of future harm to the victim or his property.

Question 23

What are the elements of receiving stolen property?

Answer 23

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

Question 24

What are the elements of forgery?

Answer 24

1. The fraudulent making of a false writing
2. With an apparent legal significance
3. With the intent to make wrongful use of that forged document.

Question 25

What is the criminal difference in obtaining property threats of future harm vs. present harm?

Answer 25

Extortion v. robbery

Question 26

What are the elements of Burglary?

Answer 26

1. The breaking
2. Entering
3. Into a dwelling house
4. Of another

And

5. With an intent to commit a felony therein

Question 27

Burglary’s breaking element requires?

Answer 27

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 28

Burglary’s entering element requires?

Answer 28

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

Question 29

Burglary’s intent to commit a felony therein element requires?

Answer 29

The ∆ must have the intent to commit the felony as he breaking and entering. If it is formed after entry, it is not burglary.

Question 30

What are the elements of arson?

Answer 30

1. ∆’s malicious act
2. Burns
3. Another Person’s Dwelling.

Question 31

If a ∆ originally had the intent to steal, what is ∆’s criminal liability if ∆ returns it?

Answer 31

Larceny due to ∆’s original intent.

Question 32

If a ∆ originally had intent to steal and abandons the property, what is their criminal liability?

Answer 32

Larceny due to ∆’s original intent.

Question 33

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

Answer 33

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.