Criminal Law _ Other Crimes

Question 1

Larceny:

SPECIFIC INTENT CRIMES

Answer 1

1) Trespassory Taking
2) Carrying Away
3) Personal Property of Another
4) With Intent to Permanently Deprive

Example: Continuing Trespass
o Wrongful taking without permission
o No intent to steal at the time of taking
o Can turn into a Larceny if you decide to keep it

Question 2

Burglary:

SPECIFIC INTENT CRIMES

Answer 2

1) Breaking & Entering
2) Dwelling of Another
3) At Nighttime
4) With Intent to Commit a Felony

Example:
**Breaking & Entering
**o Picking the lock
o Cutting the alarm
o Shattering the glass
o Any enlarging of the door or window
o Entering by force or fraud
o Any part of your body goes across the threshold Not a Breaking
o A wide-open door or window

Not a Dwelling of Another
o Office
o Store
o Your own home

Question 3

Burglary – Intent:

SPECIFIC INTENT CRIMES

Answer 3

• Intent must be present at the moment of Breaking
• Felony does NOT have to be actually committed

AdaptiTip – Modern Trends
Only apply the modern trends when the facts give you a specific statute or the facts make it obvious

Question 4

AdaptiTip
Larceny merges into ?

SPECIFIC INTENT CRIMES

Answer 4

Larceny merges into Robbery

Question 5

Robbery:

SPECIFIC INTENT CRIMES

Answer 5

1) Trespassory Taking
2) Carrying Away
3) Property of Another
4) By Force, Intimidation, or Fear

Example:
Robbery
o Robbing a bank by holding up a gun and saying,
“Give me the money”
o Threatening someone with a sniper far away that
he can’t see Not a Robbery
o Holding someone up with a water pistol, and he laughs but gives you the money anyway

Question 6

Assault

SPECIFIC INTENT CRIMES

Answer 6

• Intent to commit a Battery
• Intent to **place another in Imminent Fear **
• Words are NOT enough

Question 7

Larceny by Trick:

SPECIFIC INTENT CRIMES

Answer 7

• Obtain POSSESSION to property by False Statement
• Use as the default crime before False Pretense or Embezzlement

Question 8

False Pretenses:

SPECIFIC INTENT CRIMES

Answer 8

• Obtain TITLE to property by False Statement

Question 9

Which One:

Larceny by Trick or False Pretense
(1) Jon lies to you to get your car and drives it around for a year
(2) Jon lies to you that he has to drive 100 mph to get to the hospital. You give him title and registration to your car
(3) Jon tricks you into signing the deed of your house over to him
(4) Jon sells you a fake Rolex

SPECIFIC INTENT CRIMES

Answer 9

(1) Larceny by Trick
(2-4) False Pretenses

Question 10

Embezzlement:

SPECIFIC INTENT CRIMES

Answer 10

1) Lawful Possession of Personal Property
2) Converted for own use

Example:
o You give your watch to a pawn shop to hold for 90
days. The shop sells it the next day

Question 11

Receiving Stolen Property:

SPECIFIC INTENT CRIMES

Answer 11

1) Physical Possession of Stolen Property
2) Knowledge it was Stolen
3) Intent to keep

Question 12

Forgery

SPECIFIC INTENT CRIMES

Answer 12

1) Fraudulent making of a False Document
2) With Legal Significance
3) Intended Wrongful Use

Example:
o Printing money

Legal significance is HUGE. I think there was a fact pattern of making a Thomas Jefferson painting - not of legal significance or something right?

Question 13

Accomplice Liability:

SPECIFIC INTENT CRIMES

Answer 13

1) Specific Intent to achieve the crime
2) Aid or Abet the completion of the crime

Example:
o Driving someone to the crime
o Acting as the look-out
o Buying the gun used in the crime

Question 14

Crimes Accomplice is Guilty of:

SPECIFIC INTENT CRIMES

Answer 14

• Accomplice is guilty of ALL underlying crimes completed
• If the crime isn’t completed, Accomplice is only guilty of accomplice liability

Question 15

Accessory Before the Fact

SPECIFIC INTENT CRIMES

Answer 15

• Not present at scene of crime

Question 16

Accessory After the Fact:

SPECIFIC INTENT CRIMES

Answer 16

1) Felony Completed
2) Knowledge of Completed Crime
3) Aid to avoid Arrest/Conviction

Example:
o Hiding evidence
o Sneaking you out of town

Question 17

GENERAL INTENT CRIMES

Answer 17

1) No Specific Intent required
2) The Act itself is enough

Question 18

Battery:

Answer 18

• Unlawful application of Force

Question 19

Arson

Answer 19

• Malicious Burning of the **Dwelling of Another **
• Malicious = Reckless

Definition – Reckless
Knew or should have known the harm could occur

AdaptiTip – Modern Trends
* Common Law: Burning your own home is not arson
* Modern Trend: Will give you a statute or it will be obvious they are testing arson

Question 20

Rape

Answer 20

1) Unlawful Sexual Intercourse
2) By a Male with a Female
3) Without Consent

AdaptiTip
Rape and Kidnapping are usually tested by statute on the MBE

Question 21

Kidnapping

Answer 21

Unlawful Restraint of a Person’s Freedom by Force

AdaptiTip
If a question asks about Attempted Kidnapping, it is an Attempt question, not a Kidnapping question