Crimes Against Property Flashcards
Arson
- The malicous
- Burning (requires “charring” not “scorching” Must change the fiber of the building itself)
- Of the Dwelling
- Of another
Michigan Arson
When a person willfully or maliciously burns, damages or destroys by fire or explsive
Apartment 1stD - A “multiunit building or structure in which 1 or more units are a dwelling”
Real Property that Results in Physical Injury 1stD - Any real property someone is injured
A Dwelling 2ndD
A Building 3rdD
Personal Property 3rd/4thD - The degree of arson (third/fourth) is determined by the dollar value of the property and whether the person has a prior conviction.
Theft
LARCENY
(specific Intent)
The trespassor taking and carrying away of personal property of another with the intent to permanently deprive them thereof.
- The trespassor
- Taking (destorying doesn’t count)
- Carrying Away of (moved just a little bit)
- Personal Property
- Of another (no property of another if it is abandoned)
- With the Intent to Permanently deprive them thereof.
- not larceny if one intends to give the property back unless one intends to keep it for a long time or in a manner that the owner will be deprived of a signigicant portion of the property’s value.
- not larceny if one honestly believes claiming as repayment. Even if unreasonable because this is a mistake of fact that negates specific intent.
- not larceny if already in the defendant’s possession.
Continuing Trespass Rule
initial taking is a trespass (that is wrongful) but he does not intend to steal at that time, he is not guilty of larceny at that time. However, if the defendant later forms the intent to steal, the inital trespassory taking is considered to have “continued” and he will be guilty of larceny.
Ask two questions:
(1) Was the initial taking “trespassory?”
(2) If so, did he later form the intent to steal?
If you answer “yes” to those questions, he is guilty of larceny.
Larceny by Trick
- Intentionally makes a false representation of a
- Material past or existing fact
- To obtain custody (but not title) of
- Personal Property of another
Meaning - at the time the victim hands over the property, he intends to give it to the defendant for only a limited imte or purpose.
False Pretenses
- Intenitonally makes a false representation of a
- Material past or present fact
- To obtain title to the property
- With intent to defraud
- The victim must believe the false representation and must rely on them.
- The false statement cannot be a statement of future interest.
Embezzlement
- The fraudulent conversion or misappropriation of
- Property of another
- By one who is already in lawful possession of the property
Embezzlement v. Larceny - conversion means that one deprives the property of a significant amount of its value. While larceny occurs when one “takes and carries away” the personal property of another. And def has lawful possession of the property with embezzlement.
NOTE - If defendant intends to restore the exact property taken, it is not embezzlement.
Robbery
1. Larceny
MBE - All the elements of larceny must be present and the taking must be completed.
MI - is different
2. The property is taken from another’s person or presence
Presence means that the item stolen is reasonably close to the victim.
3. By force or threatening to use immediate force (if the latter, victim must feel fear)
MICHIGAN ROBBERY
In michigan a robbery does NOT require a complete taking.
1. In the course of committing a larceny
- includes flight or attempted flight after the commission of the larceny.
2. Uses force or violence against any person who is present
3. or who assaults or puts a person in fear, is guilty of robbery
The Michigan Rule on Armed Robbery
A person is guilty of armed in MI if, while committing a robbery he or she:
(a) Possessed a weapon designed to be dangerous and capable of causing death or serious injury, or
(b) Possessed any object capable of causing death or serious injury and that defendant used it as a weapon; or
(c) Possessed any other object used or fashioned in a manner to lead the person who was present to reasonably believe it was a dangerous weapon.
(d) Represented orally or otherwise that he was in possession of a weapon.
(i. e. “you’ll get a bullet” start moving hand inside pocket)
Forgery
A defendant commits forgery when he
(1) makes (or alters) a false writing
(2) with the intent to defraud
NOTE - the writings that are the subject of forgery are those with apparent legal significance.
Writings with historical/artistic value are not subject to forgery
signing monet on a painting. signing a fake will or agreement.
Common Law
Burglary
1. Breaking
- Any minimal force suffices-but there must be some force.
- The breaking can be “constructive” if entry is gained by fraud or treats
2. And Entering
3. The Dwelling
- A place where someone regularly sleeps (not a place of business but some parts of a dwelling can be used as a business)
4. Of Another
5. At Night
6. With the Intent to Commit a Felony (larceny, rape, etc -most tested element)
Look at what the defendant intended to do the moment he broke and entered into the dwelling. That is the only moment that matters for purposes of deciding whether burglary occurred.
Michigian
1st Degree Home Invasion
2nd Degree Home Invasion if element #3 is NOT present
Applies to Non Dwellings and Nighttime is NOT a requirement
- the defendant broke and entered a dwelling OR entered the dwelling without permission; and
- defendant either intended to commit a FY, larceny or assault at the time of entering, OR at any time the defendant was present in or leaving the dwelling, he or she committed a FY, larceny, or assault.; and
- When the defendant was entering, present in, or was leaving the dwelling, either the defendant was armed with a dangerous weapon OR another person was lawfully present in the dwelling.
Receiving Stolen Goods
- Receiving Possession and control
- Of “stolen” personal property
- Known to have been obtained in a manner constituting a criminal offense by another person.
- With the intent to permanently deprive the owner
Possession Offenses
If the actor knowingly procured or received the thing possessed;
or if the actor was aware of his control for a sufficient period to have been able to terminate his possession
Mens Rea
Generally the defendant is required to be aware of his possession of contraband but need not be aware of its illegalty.
Statute that requires that defendant “knowingly” possesses contraband, he must know the identity or nature of the item possessed.
Exception - wilful blindness
