CRIMES AGAINST PROPERTY

Question 1

Theft Crimes Generally

Answer 1

Theft crimes involve some taking of property from the victim by the defendant.

How to examine theft crimes?

1. How did D obtain property
2. Did D obtain custody, possession or title
3. Did D have intent to permanently deprive (steal) the property at some time while in unlawful possession of the property

Theft Crimes:

1. Larceny
2. Embezzlement
3. False Pretenses
4. Larceny by Trick

Question 2

Larceny

Answer 2

Unlawful taking and carrying away of someone else’s possession (goods or services) with intent to permanently deprive (specific intent).

Continuing Trespass Doctrine - If a defendant takes property temporarily, but later decides to permanently deprive, the doctrine establishes concurrence between the unlawful taking and the requisite intent to steal

Returning property does not establish the absence of intent. Abandoning stolen property in hopes in gets back to owner is larceny.

Exceptions:

1. Pawning property with intent to return it later
2. Intending to replace or pay for property at later time

Question 3

Embezzlement

Answer 3

Unlawful conversion of property already in the defendant’s possession with intent to permanently deprive

Conversion - Transforming someone else’s property into your own (selling, consuming, damaging, claiming title to it)

Question 4

False Pretenses

Answer 4

Obtaining title to property owned by someone else through fraud

D gains possession of property by means of a representation or promise that they know to be false at the time they take possession

Requires specific intent to defraud

Question 5

Larceny by Trick

Answer 5

Obtaining possession but not title through fraud

Form of larceny where the defendant obtains possession by means of a representation or promise that they knew to be false at the time they took possession.

Fake check is larceny by trick because title does not pass until the check clears

Question 6

Forms of control over property

Answer 6

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 7

Robbery

Answer 7

Requires all elements for larceny including:

1. Taking must be from the victim’s person or presence (area within their control) and
2. Taking occurs through force or threat of force that places victim in actual fear at time of taking.

Honest belief of right negates intent

Question 8

Extortion

Answer 8

Obtaining the property of another by threat of future harm to the victim or their property.

If it is a threat of present harm its robbery, not extortion.

Question 9

Receiving Private Property

Answer 9

Reciept of stolen property, known to be stolen, with the intent to permanently deprive the owner

Question 10

Forgery

Answer 10

Fradulent making of a false writing with apparent legal signficiance with the intent to make wrongful use of the forged document.

Alteration must be material.