Crimes Against Property Flashcards
What are theft crimes?
Crimes that involve some taking of property from the V by the D.
There are three criteria:
- How the D obtained the property? Trespass, delivery, or trick.
- Whether the D acquired custody, possession, or title to the property?
- Whether the D formed the intent to permanently (steal) the property at some time while still in unlawful possession of the property?
What is the general framework?
Larceny = unlawful taking of property in someone else’s possession with intent to steal.
Embezzlement = unlawful conversion of property in your possession with intent to steal.
Theft by false pretenses = obtaining title to property owned by someone else through a fraud.
Larceny by trick = obtaining possession, but not title, through a fraud, with intent to steal.
What are the forms of control in theft crimes?
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 - the possessor places strict limits on permissible use of the property.
What is larceny?
This is specific intent.
At common law, larceny is:
1. the taking:
Assertion of dominion and control over the property who does not have lawful possession, generally through trespass.
- and carrying away:
Slightest movement will suffice.
- of the tangible personal property:
Modern statutes include theft of services.
Abandoned property cannot be the subject of larceny. Lost or mislaid property can be: a. must intend to permanently deprive the owner of it and b. must either know who the owner is or have reason to believe that he can find out the owner’s identity.
- of another:
Larceny is a crime of possession, as opposed to ownership. Therefore, if someone has legal possession even if it is owned by the D, it can be larceny.
- with the intent to permanently deprive the property:
If the D intends to return the property unconditionally and within a reasonable time, there is intent.
Intent to keep, destroy, or hold property for ransom will suffice to prove intent.
Under the doctrine of continuing trespass, a person who takes property intending only to use it temporarily before restoring is guilty if he later changes his mind and decides not to return the property after all.
Honest mistake will negate intent.
Abandoning stolen property will constitute larceny.
Redeeming a pawn will negate the intent.
Any intent to replace or pay for the property will negate the intent requirement.
What is embezzlement?
This is specific intent.
It is:
- The fraudulent conversion or misappropriation:
Conversion is a serious interference with the rights of the owner.
The intent may be negated by restoring the exact property.
Intent to substitute equivalent property will not negate intent.
Honest mistake can negate intent.
- of the property of another:
This crime deals with tangible property, but modern statutes include real property.
- by one who is already in lawful possession:
Lawful possession is key.
Many statutes require entrustment.
What is robbery?
This is specific intent.
It is larceny accompanied by force or threat of force.
This is all of the elements of larceny plus:
- The taking must be from the person or presence of the V.
- The taking must be accomplished by force or threat of force that places the V in actual fear at the time of the taking.
The use of force must be contemporaneous with the taking.
This element will be satisfied with slight force but must be more than just the force needed to move the property.
Larceny, assault, and battery are lesser included offenses.
What is obtaining property by false pretenses?
This is specific intent.
It is:
1. A false representation of a present or past material fact by the D;
- that causes the victim to pass title to his property;
Reliance on the misrepresentation must be the cause of passing title.
- to the D
- who knows his representation to be false; and
- intends thereby to defraud the victim.
What is larceny by trick?
This is specific intent.
A form of larceny whereby the D obtains possession of the personal property of another by means of representation or promise that he knows is false at the time he takes possession.
Taking possession by a bad check is larceny by trick not false pretenses.
It is about conveying possession not title (false pretenses).
Factual misrepresentations and false promises are deemed sufficient for the fraud element.
Reliance on the representation must be the cause of passing possession.
What is extortion?
This is specific intent.
A misdemeanor involving the corrupt demand or receipt of an unlawful fee by a public official under color of his office.
Blackmail is the modern statutory law of obtaining the property of another by the use of threats of future harm to the victim or his property.
What is receiving stolen property?
This is specific intent.
A common law misdemeanor defined as:
1. the receiving of stolen property;
Control of the property is enough, not actual physical possession.
- known to be stolen;
D must either know or actually believe that the property is stolen. An honest belief that the property is not stole is likely to prevent conviction.
Constructive knowledge is enough; that is notice of facts and circumstances from which guilty knowledge may fairly be inferred will suffice.
- with the intent to permanently deprive the owner.
D must have, at the time of receipt, intent to deprive the owner of that property.
What is forgery?
It is specific intent.
It is defined as:
1. fraudulent making;
Creating a new document, altering one, or inducing someone to sign who does not know of the legal significance will suffice.
Making completes the crime.
- of a false writing with apparent legal significance; and
The writing must have purpose or value beyond the document’s own existence such as a contract, will, negotiable instrument, deed, or mortgage.
- with the intent to make wrongful use of the forged document.
What are other crimes against property?
Bad checks
Credit card fraud
