Criminal Law

Question 1

Breaking

Answer 1

Breaking is accomplished by using force to create an opening into a dwelling, such as shattering a window or kicking a door.

Question 2

Entering

Answer 2

Entering occurs when any portion of the defendant’s body or an instrument used by the defendant to gain entry crosses into the dwelling without permission through the opening created by the breaking.

Question 3

Dwelling of Another

Answer 3

A dwelling is a structure regularly occupied for habitation. It need not be occupied at the time of the breaking, but it must not be abandoned.

Question 4

At Nightime

Answer 4

Nighttime occurs during the period of darkness between sunset and sunrise.

Question 5

Intent to Commit a Felony Therein

Answer 5

At the time of the breaking and entering, the defendant must have the intent to commit a felony inside the dwelling.

Question 6

Trespassory

Answer 6

The property must be taken without the owner’s consent.

Question 7

Taking

Answer 7

The taking requirement is satisfied by any trespassory removal of the property from the owner’s possession into another’s control.

Question 8

And Carrying Away

Answer 8

The carrying away requirement is satisfied by even a slight movement of the property.

Question 9

With Intent to Permanently Deprive

Answer 9

Larceny is a specific intent crime. Thus, the intent to permanently deprive the owner of the property must be present at the time of the taking.

Question 10

In the presence of the person

Answer 10

The property taken must be on the victim’s person or within the victim’s reach or control

Question 11

Fraudulent

Answer 11

The defendant must intend to defraud the owner of the property.

Question 12

In Lawful Possession

Answer 12

The embezzler must be in lawful possession of the property at the time that the intent to defraud occurs, although some states limit embezzlement to property entrusted to the embezzler.

• Think of employees

Question 13

Conversion

Answer 13

Conversion is the inappropriate use of property, held pursuant to a trust agreement, which causes a serious interference with the owner’s rights to the property. Interference with the owner’s rights to the property can be caused by selling the property, damaging it, or unreasonably withholding possession. The defendant need not personally benefit from the conversion. No movement or carrying away of the property is required. If it is unclear whether there was a conversion of the property, then the victim must demand a return of the property, and the embezzler must refuse to return the property before a claim for embezzlement can be made.

Question 14

Of the Personal Property

Answer 14

Property that is subject to larceny is also subject to embezzlement

Question 15

Of Another

Answer 15

The property embezzled must belong to another.