Crimes Against Property

Question 1

Larceny (MBE)

Theft by Unlawful Taking (PA)

Elements (3)

Answer 1

Larceny (MBE)

1. Trespassory taking of personal property;
2. In another’s possession;
3. With intent to permanently deprive the owner thereof

Theft by Unlawful Taking (PA) differentiates between theft of moveables and immovables; for immovables, the #3 requisite intent is the intent to benefit himself or another not entitled to property.

Question 2

Larceny by Trick (MBE)

Theft by Deception (PA)

Elements (2)

Answer 2

1. Fraudulently obtaining possession of property owned by someone else;
   
   • PA: includes obtaining or withholding property of another
2. With intent to permanently deprive

Question 3

Theft by false pretenses (MBE)

Elements (2)

Answer 3

1. Fraudulently obtaining title to property owned by someone else;
2. With intent to permanently deprive

Question 4

Distinguish theft by false pretenses from larceny by trick

Answer 4

Theft by false pretenses: D gains possession AND title of the object

Larceny by trick: D only gains possession of the object

Question 5

Retail Theft (PA)

Acts Covered by Statute (5)

Answer 5

1. Shoplifts (carries away w/ intent to deprive merchant)
2. Relabels (altering price tag + attempt to purchase at less than full retail)
3. Repacks (transferring to different package)
4. Under-rings (meddle with register)
5. Thwarts security (destroys, removes, deactivates security tags; intent to deprive is inferred)

Question 6

Embezzlement (MBE)

Elements (5)

Answer 6

1. Fraudulent;
2. Conversion;
3. Of property;
4. Of another;
5. By someone in lawful possession of the property

Question 7

Extortion (MBE)

Theft by Extortion (PA)

Answer 7

1. Taking of money or property from another;
2. By threats of future harm to the victim or her property

PA ennumerated threats:

• another criminal offense
• accusing another of crim offense
• exposing any secret exposing person to hatred, contempt, or ridicule
• take or w/hold official action
• bring about a strike/boycott
• tesify against
• inflict any other harm not benefitting actor

Question 8

Receipt of Stolen Property (MBE)

Recieving Stolen Goods (PA)

MBE Elements (3)

PA Elements (2)

Answer 8

MBE:

1. Receiving control of stolen property;
2. With the knowledge that it is stolen;
3. With the intent to deprive the owner thereof

PA:

1. Intentionally recieved, retained, or disposed of moveables
2. Either
   
   • knowing it was stolen
   • beleiving had been stolen

Note: PA statute does not need intent to deprive! Just need intent to keep property + knowledge

Question 9

Forgery

Elements (3)

Answer 9

1. Making of a false writing;
2. With apparent legal significance;
3. With the intent to defraud

Question 10

Robbery (MBE)

Elements (3) + PA Distinctions

Answer 10

1. Larceny (unlawful taking of property)​​
2. From the person of another;
3. By force or threat of force
   
   • PA: Robbery in 1st Deg: infliction of serious bodily injury; threatened immediate serious bodily injury; commit felony of 1st or 2nd degree:
   • PA Robbery in 2nd Deg: infliction bodily injury, threated w/ immediate bodily injury

Question 11

Differentiate between robbery and extortion

Answer 11

Robbery: threat of immediate harm

Extortion: threat of future harm

Question 12

Burglary (MBE)

MBE Elements (6)

Answer 12

1. Breaking;
2. Entering;
3. Into the dwelling;
4. Of another;
5. At nighttime;
6. With specific intent to commit a felony therein

⚠️ Note: Most jurisdictions have dropped the requirement that the crime occur at nighttime.

Question 13

Burglary (PA)

Elements (5)

Answer 13

1. Entry
2. Into a (what kind of building determines degree of offense)
   
   • occupied structure (blg adapted for overnight use) or
   • structure in which person is present
   • structure in which a person is NOT present)
3. With specific intent to commit a crime (any offense)
4. Not open to public
5. Without permission

Note: no requirement for breaking; “entry” satisfied by any party of intruder’s body

Question 14

Arson (PA Crimes)

Arson endanging persons (3)

Answer 14

Arson endangering persons:

1. Intentionally started a fire/caused explosion/paid another for same
2. On own property or that of another
3. That either
   
   1. Recklessly placed another person in danger of death or bodily injury (includes firefighters)
   2. Acted purposefully to destroy/damage occupied or inhabited building of another

Question 15

Arson (PA Crime)

Arson endangering property (3)

Answer 15

Arson endangering property:

1. Intentionally started a fire/caused explosion/paid another for same
2. On own property or that of another
3. That either
   
   • was done with purpose of destroying building of another
   • Recklessly placed inhabited building in danger of damage
   • Done with intent to collect insurance

Question 16

Criminal Trespass

Elements (2)

Answer 16

1. Defendant either
   
   • Entered/surreptitiously remained in any building or
   • broke (entry by force) into any building
2. Knowingly without permission

Is a lesser included offense to burglary: lacks intent to commit a crime inside.

Defenses to criminal trespass:

• abandoned building
• building open to public;
• reasonable belief that owner would permit him to be there