Crimes Against Property Flashcards
What are the three broad categories of property crimes?
- Theft crimes
- Habitation crimes
- Possessory crimes
What are the CL Theft crimes?
- Larceny
- Embezzlement
- False pretenses
- Larceny by trick
- Robbery
- Forgery
NY QUESTION
What are the NY Theft crimes?
- Larceny (anything that would be larceny, embezzlement, larceny by trick, or false pretenses at CL!)
- Robbery
What are the elements of CL Larceny? (Thieves Took Carmen’s Purse And Isaac’s Portfolio)
The (1) trespassory [unlawful] (2) taking and carrying away [property must be moved] of (3) personal property of another, with the (4) intent to permanently retain [if intending to give back, no MR, so no larceny].
What is the erroneous takings rule (larceny with mistake)?
Taking under a claim of right is NEVER larceny, even if D made a mistake as to whether property is his
(e.g., Starbuck steals Apollo’s Viper, mistakenly believing it’s hers. No larceny, because Starbuck was operating with claim of right, despite her mistake)
What is the continuing trespass rule?
If D takes property without intent to steal, but later forms intent, the initial taking is treated as continuing, and he IS guilty of larceny
(N.B. This is an exception to the concurrence principle!)
What are the three exceptions to the concurrence principle?
- Continuing trespass
- Larceny
- Conspiracy
What are the elements of Embezzlement?
(AR: 1+2+3) (MR)
AR: (1) Conversion of the personal property of another (2) while already in lawful possession of that property, (3) with the intent to defraud
MR: specific intent (if intend to give back, no intent to defraud)
What constitutes possession for Embezzlement?
Discretion over the property, not mere custody
What is the difference between Larceny and Embezzlement?
Embezzlement requires lawful possession
What are the elements of False Pretenses? (4)
AR: (1) Obtaining Title to the (2) property of another (3) by an intentional false statement
MR: Intent to defraud
What is the difference between False Pretenses and Larceny?
Title vs mere custody
What is the crime when D obtains only custody, not title as result of false statement?
Larceny by trick (instead of false pretenses)
What are the elements of Robbery?
(AR)
(MR)
AR: 1. Larceny 2. From someone’s person or presence 3. By force or threat of immediate injury
MR: intent to steal
What constitutes “a person’s presence” for Robbery?
Some location reasonably close to victim (e.g. other rooms in house)
What constitutes force for Robbery?
Any amount of force sufficient to overcome resistance (pickpocketing doesn’t count—that is larceny)
What are the elements of Extortion (Blackmail)? (2)
- Obtaining property 2. By force or threat of future harm
What are the elements of Forgery?
AR: (1) Making or altering a writing (2) so that it’s false
MR: With specific intent to defraud (completed when writing made, not say, cashed)
NY QUESTION
How are all theft crimes in NY labeled?
Larceny
NY QUESTION
What is the amount required to be stolen for 3d degree larceny in NY?
Larceny more than $3000
[Increase: 2d = >50,000; 1st = >1,000,000]
[Decrease: 4th = 1,000-3,000; 5th = <1,000]
NY QUESTION
What constitutes 3d degree Robbery in NY?
[What is 2nd and 1st?]
Forcible stealing
[2d: accomplice who’s present; injure the victim; steal a car]
[1st: serious injury; use/display what looks like a gun]
NY QUESTION
What is the affirmative defense unique to 1st degree Robbery in NY?
If the the gun is NOT loaded, then 2d degree
What are the elements of Burglary at Common Law? (4)
AR: (1) Breaking and entering the (2) dwelling of another (3) at night
MR: 4. Specific Intent to commit felony
What constitutes Breaking for Burglary?
(What about Constructive Breaking?)
Breaking: Creating or enlarging an opening with at least minimal force
Constructive breaking: Fraud, threats, intimidation to be let inside
(open windows don’t count; neither does invited in)
What constitutes entering for Burglary?
Any part of body enters (fingertips)
What constitutes a dwelling for Burglary?
Structure where somebody regularly sleeps
What are the common statutory modifications to common law Burglary?
Eliminate breaking; dwelling; or nighttime
NY QUESTION
What are the elements for 3d degree Burglary in NY?
AR: (1) Entering or remaining (2) in a building (3) unlawfully
MR: Specific Intent to commit (any) crime
[2d degree: building is a dwelling; nonparticipant injury; OR bring a weapon]
[1st degree: D knows it’s a dwelling AND nonparticipant injury or bring a weapon]
What are the elements of Arson at common law?
Malicious burning of a building
What constitutes “Burning of a building” for Arson?
Material wasting (charring, not mere scorching)
(N.B. Must be of the building itself, not merely carpeting, for example)
NY QUESTION
What constitutes 4th degree Arson in NY?
[3d?] [2d?] [1st?]
Reckless burning of a building
[3d: Intentional, not reckless]
[2d: 3d + D knows or should have known somebody inside]
[1st: 2d + explosive or incendiary device]
