Crimes Against Property

Question 1

What is the crime of larceny?

Answer 1

The taking and carrying away of another’s tangible property without consent (i.e. trespassory) and with the intent to permanently dispossess the person of the property.

Question 2

What are the four elements of larceny?

Answer 2

1. taking (obtaining control or possession)
2. carrying away (slightest movement will suffice)
3. without consent (against victim’s free will)
4. intent to permanently dispossess

Question 3

When must the intent to permanently dispossess exist for larceny?

Answer 3

Must exist during the taking.

Not larceny if D takes property as a security for a debt owed or believing it belongs to D

Question 4

What is continuing trespass?

Answer 4

when one borrows property with the intent to return it but then decides to keep it, larceny arises at the moment D decides not to return the property.

Question 5

If the D finds a lost item but the true owner is known or ascertainable and D decides to keep the property, D may be guilty of

Answer 5

larceny. (but not for abandoned property)

Question 6

What is embezzlement?

Answer 6

Fraudulent conversion of another’s personal property by one in lawful possession.

Question 7

What are the two elements of embezzlement?

Answer 7

1. fraudulent conversion

2. by one in lawful possession

Question 8

What is fraudulent conversion?

Answer 8

D uses another’s property beyond the scope of or inconsistent with D’s possessory rights.

Question 9

What are the two special issues that refute embezzlement?

Answer 9

1. intent to restore (note: must be exact same property - not even different monetary bills of equal value will suffice)
2. claim of right - D believes property belongs to him

Question 10

What is the crime of false pretenses?

Answer 10

Obtaining title to another’s property using false statements of past or existing fact, with intent to defraud.

Question 11

What are the four elements of false pretenses?

Answer 11

1. obtaining title (not mere possession)
2. by false statements (intentional)
3. of past or existing fact (future doesn’t count)
4. intent to defraud (victim must be deceived or act in reliance on the false statement in passing title to D)

Question 12

What is larceny by trick?

Answer 12

Obtaining possession of another’s personal property using false statements of past or existing fact.

Question 13

What’s the difference between larceny by trick and false pretenses?

Answer 13

possession v. ownership.

larceny by trick - D acquires possession
false pretenses - D acquires title

Question 14

What is the crime receipt of stolen property?

Answer 14

Receiving possession and control of personal property known to have been illegally obtained, with the intent to permanently deprive the owner of her interest in it.

Question 15

What are the four elements of RSP?

Answer 15

1. receipt of possession and control (note, physical possession not required - can have possession of control by designating the property’s location or arranging to sell it for the original thief.
2. of stolen personal property
3. known to have been illegally obtained by another
4. with intent to permanently deprive the owner of his interest

Question 16

In a sting operation where the police or true owner of property arrange for D’s receipt of property is it RSP?

Answer 16

No because the item is not truly stolen. Can be convicted of attempt of RSP if she intended to receive the property believing it to be stolen

Question 17

What is forgery?

Answer 17

creating or altering a written document with purported legal significance to be false, with the intent to defraud

Question 18

What are the four elements of forgery?

Answer 18

1. creating or altering
2. a document with purported legal significance
3. to be false
4. with intent to defraud (actually defrauding isn’t required)

Question 19

What is robbery?

Answer 19

wrongful taking of another’s personal property from his person or presence by force or threat of injury with the intent to permanently deprive.

(Robbery = assault or battery + larceny)

Question 20

What are the 5 elements of robbery?

Answer 20

1. a taking
2. of personal property of another
3. from the other’s person or presence
4. by force or threats of immediate death or physical injury to the victim, a member of his family, or some person in the victim’s presence
5. with the intent to permanently deprive him of it

Question 21

For a D to be guilty of robbery, the victim must give up her property because she feels _________.

Answer 21

Threatened. If she gives up her property for another reason, can only be guilty of attempted robbery.

Question 22

What is extortion?

Answer 22

obtaining property through threats of future harm or exposing information.

Question 23

What is the difference between extortion and robbery?

Answer 23

extortion does not require a taking from the victim’s person or presence

extortion involves threats of future, rather than immediate, harm