Criminal Law 16-23 Flashcards
What are the elements of False Pretenses?
It occurs when one:
Obtains title,
To personal property of another,
Through a known false statement of material fact,
With the intent to defraud.
*Opinion or commercial puffery is NOT false pretenses.
Priority: Medium
What are the elements of Embezzlement?
The fraudulent or wrongful,
Conversion,
Of personal property of another,
By a person with lawful possession of the property.
Priority: Low
What are the elements of Receiving Stolen Goods?
When a person:
Receives possession of stolen property,
Who knows the property is stolen at the time of receiving it, AND
With the intent to permanently deprive the owner of the property.
Priority: Medium
What are the elements of Robbery?
The trespassory taking and carrying away,
Of the personal property of another person,
In their presence;
By the use of force or threat of immediate physical harm,
With the intent to permanently deprive the owner of the property.
*Armed robbery requires the elements above, PLUS the use of a dangerous weapon.
Priority: Medium
What are the elements of Burglary?
Burglary is:
The breaking and entering,
Of a dwelling,
Of another,
At night,
For the purpose of committing a felony inside.
*Most jurisdictions have extended burglary to any structure at any time.
Priority: Low
What are the elements of Extortion?
Illegally obtaining property;
Either by:
Force; OR
Threats of violence, property damage or exposing information.
Priority: Low
Under the Common Law, what are the elements of Rape?
The unlawful sexual intercourse,
Of a woman by a man (not her husband),
Without her consent.
*Under the common law, a husband could not be convicted of raping his wife. The modern definition now contains marital rape.
Priority: N/A
Rape
When is there a Lack of Effective Consent?
When:
Actual force is used;
Threats of immediate great bodily harm are used;
The victim is incapable of consenting; OR
The defendant fraudulently caused the victim to believe that the act is not intercourse.
Priority: N/A
