Crimes and Elements of Crimes (DMX's Resume)

Question 1

What are the elements of Larceny? (Six)

Answer 1

1. Trespassory
2. Taking
3. Carrying away
4. Of the personal property
5. Of Another
6. With the intent to permanently deprive them of it.

Question 2

What is larceny by trick?

Answer 2

Larceny by trick occurs when one obtains possession of, but NOT title to property owned by another through fraud or deceit, and who later converts that property. (look for fraudulent inducement of the delivery of property)

Question 3

What is larceny by false pretenses?

Answer 3

Larceny by false pretenses occurs where the defendant obtains possession AND title to property through the false representation of a past or present material fact.

Question 4

What are the elements of Robbery?

Answer 4

1. Larceny
2. By force or intimidation
3. When taking property from the person or presence of the victim

Question 5

Which crimes merge into robbery?

Answer 5

Larceny, Assault, and Battery

Question 6

What is common law burglary?

Answer 6

1. Breaking
2. and Entering
3. of the Dwelling
4. Of another
5. At Night
6. With the specific intent to commit a felony therein

(dwelling/nighttime elements not strictly adhered to on MBE)

Question 7

Does the underlying felony required for burglary merge into a charge of burglary if the crime is completed?

Answer 7

No.

Question 8

What are the elements of battery? (Five)

Answer 8

1. Unlawful
2. Application of force
3. To another person
4. That causes bodily harm to that person
5. or Constitutes an offensive touching

Question 9

What are the elements of assault?

Answer 9

1. An attempt to commit a battery, or

2. Intentionally placing another in apprehension of imminent bodily harm

Question 10

What are the elements of kidnapping? (Four)

Answer 10

1. Unlawful
2. Confinement of a person
3. Against that person’s will
4. Coupled with either:
   (a) the movement of, or
   (b) the hiding of that person