Crimes against Property (theft)

Question 1

Larceny

Answer 1

The trespassory taking and carrying away of the personal property of another with the intent to permanently deprive that person of the property.
-without the owner’s consent
-specific intent(all theft is!)

Question 2

Larceny may still be found, absent intent to permanently deprive when…

Answer 2

• defendant intends to sell the property back to its owner
  -defendant intends to claim a reward for finding the property
  -defendant intends to return the property to its owner for a refund

Question 3

Differences between custody, ownership, and possession

Answer 3

Custody- responsibility over an item
Ownership- lawful claim of title
Possession- ability to exercise control over an item

Question 4

Robbery

Answer 4

A larceny from the person or presence of the victim by force or intimidation with the intent to permanently deprive the owner.

Question 5

Force

Answer 5

must be more than the amount necessary to effectuate the taking and/or carrying away of the property.

Question 6

Intimidation

Answer 6

threat must be of immediate serious bodily harm to the victim, a close family member, or other person present.
-> threat of property damage is insufficient

Question 7

Merger Doctrine-theft

Answer 7

Larceny, battery and assault merge into robbery.

Question 8

Specific intent-defenses

Answer 8

reasonable mistake of fact AND unreasonable mistake of fact.

Question 9

Larceny by Trick

Answer 9

obtaining possession of, not title to, personal property of another through fraud or deceit with the intent to permanently deprive the person of that property.
-> completed once possession passes.

Question 10

Embezzlement

Answer 10

the fraudulent conversion of the property of another by a person who is in lawful possession of the property.
->there is no trespass as it is entrusted property but it was misappropriated.

Question 11

False Pretenses

Answer 11

Obtaining title to the property of another through the reliance of that person on a known false representation of a material past of present fact, and the representation is made with the intent to defraud.
-> completed once title is transferred

Question 12

To prove theft through false pretenses you must show that:

Answer 12

• the defendant made a false pretense or representation
  -the representation was made with intent to defraud the owner of his property
  -that the owner was in fact defrauded in that he parted with his property in reliance upon the representation

Question 13

Forgery

Answer 13

the fraudulent making of a false writing with apparent legal significance(driver’s license, check, deed, etc) and with the intent to defraud.
-> completed once the legal document is falsely created, property needn’t change hands.