Criminal Law AMP - Offenses Against Personal Property

Question 1

The following are elements of larceny:

A Asportation; passing of title; trespass

B Taking of personal property; asportation; passing of title

C Taking of personal property; passing of title; trespass

D Taking of personal property; asportation; trespass

Answer 1

D

Larceny consists of:(i) A taking;(ii) And carrying away (asportation);(iii) Of tangible personal property;(iv) Of another;(v) By trespass;(vi) With intent to permanently (or for an unreasonable time) deprive the person of his interest in the property. The passing of title is not an element of larceny. However, it is an element of false pretenses. QUESTION ID: C0064B Additional Learning

Question 2

Which of the following acts can give rise to a charge of common law larceny?

A Obtaining services wrongfully

B Misappropriation of realty and fixtures

C Taking personal property from a thief

Answer 2

C

Larceny is the taking and carrying away of the tangible personal property of another by trespass with the intent to permanently deprive the person of the property. The person from whom the property is taken only needs to have possession. Thus, it is larceny if property is taken from a thief, as he has a possessory interest superior to the person who takes the property from him. Realty and its fixtures were not subjects of larceny at common law. If something is severed from the realty and taken before it comes into possession of the landowner as personal property, larceny is not committed. However, if the landowner gains possession of the severed material as personalty, a subsequent taking of it is larceny. Traditionally, obtaining services wrongfully cannot give rise to larceny. QUESTION ID: C0061A Additional Learning

Question 3

A writing that has __________ may be the subject of common law forgery.

A historical value or significance

B apparent legal significance

C artistic value or significance

D monetary value

Answer 3

B

Forgery consists of the making or altering of a false writing with the intent to defraud. A writing that has apparent legal significance may be the subject of common law forgery. The writing need not have monetary value; any legal significance suffices. Writings that derive their value from the mere fact of their existence—historical or artistic value—cannot be the subject of common law forgery. QUESTION ID: C0074 Additional Learning

Question 4

For the crime of larceny by false pretenses, the victim intends to convey _______; for larceny by trick, the victim intends to convey _______.

A Title to the property; possession only

B Possession of the property; title to the property

C Custody of the property; title to the property

Answer 4

A

The crime of false pretenses differs from larceny by trick in that title is obtained through false pretenses, but only possession (or custody) of the property is obtained through larceny by trick. Possession involves a much greater scope of authority to deal with property than does custody. However, neither custody or possession are sufficient for false pretenses; it requires the victim to intend to convey title. QUESTION ID: C0070A Additional Learning

Question 5

The elements of false pretenses include:

A Obtaining title; intent to defraud; asportation

B Obtaining title; intentional false statement; asportation

C Intentional false statement; intent to defraud; asportation

D Obtaining title; intentional false statement; intent to defraud

Answer 5

D

The offense of false pretenses generally consists of: (i) obtaining title; (ii) to the property of another; (iii) by an intentional (or, in some states, knowing) false statement of past or existing fact; (iv) with the intent to defraud the other. Asportation is not an element of false pretenses. (However, it is an element of larceny.) QUESTION ID: C0069A Additional Learning

Question 6

When determining whether larceny has been committed, which of the following is regarded as being constructively in the possession of the owner?

A Lost, mislaid, or abandoned property

B Lost or mislaid property

C Lost or abandoned property

D Mislaid or abandoned property

Answer 6

B

Lost or mislaid property is regarded as being constructively in the possession of the owner; abandoned property is NOT. If lost or mislaid property is found and taken, it is taken from the finder’s possession and larceny might be committed. Abandoned property has no owner, and larceny cannot be committed by appropriating it. QUESTION ID: C0063 Additional Learning

Question 7

The following are elements of larceny except __________.

A taking of personal property

B passing of title

C trespass

D asportation

Answer 7

B

The passing of title is NOT an element of larceny. However, it is an element of false pretenses.Larceny consists of:(i) A taking;(ii) And carrying away (asportation);(iii) Of tangible personal property;(iv) Of another;(v) By trespass;(vi) With intent to permanently (or for an unreasonable time) deprive the person of his interest in the property.QUESTION ID: C0064 Additional Learning

Question 8

Which is an element of embezzlement?

A Conversion

B Asportation

C Trespass

D Passing of title

Answer 8

A

Embezzlement generally requires conversion. Embezzlement requires the fraudulent conversion of property of another by a person in lawful possession of that property. The conversion requires only that the defendant deal with the property in a manner inconsistent with the trust arrangement pursuant to which he holds it. Title does NOT pass when property is embezzled. Moreover, the conversion need not result in direct personal gain to the defendant. Note that title does pass when the misappropriation is through false pretenses. Asportation is NOT an element of embezzlement. No movement or carrying away of the property is required. However, asportation is an element of larceny. Trespass is NOT an element of embezzlement. In embezzlement, the misappropriation of the property occurs while the defendant has lawful possession of it. However, trespass is an element of larceny. QUESTION ID: C0067 Additional Learning

Question 9

Which of the following is an element of false pretenses?

A Passing of title

B Asportation

C Puffing

D Trespass

Answer 9

A

False pretenses generally consists of obtaining title to another’s property by an intentional false statement of past or existing fact, with intent to defraud the other. The passing of title is an element of false pretenses. Whether the defendant obtains title depends on what the victim intended to convey to the defendant. Trespass is NOT an element of false pretenses, but it is an element of larceny. Asportation is NOT an element of false pretenses. However, it is an element of larceny. Puffing is NOT an element of false pretenses. The defendant must have created a false impression as to the matter of fact. If his statements reasonably construed constitute only an opinion or a puffing, they are not representations. QUESTION ID: C0069 Additional Learning

Question 10

An employee of a company who is authorized to deposit $50,000 of company money into the company checking account instead deposits it in her own personal banking account, fully intending to repay the money just one week later after she receives an inheritance from a deceased relative.
What common law crime has the employee committed?

A Larceny

B Embezzlement

C None, because she intends to repay the money

Answer 10

B

The employee has committed embezzlement. Although variously defined in different jurisdictions, embezzlement generally requires: (i) the fraudulent; (ii) conversion; (iii) of the property; (iv) of another; (v) by a person in lawful possession of that property. If the defendant intended to restore the exact property taken, it is not embezzlement. But if she intended to restore similar or substantially identical property, it is embezzlement, even if it was money that was initially taken and other money—of identical value—that she intended to return. The employee has not committed larceny because she was in lawful possession of the money when she converted it to her own use. Larceny is the taking and carrying away of the property of another with the intent to permanently deprive that person of the property. QUESTION ID: C0068A Additional Learning

Question 11

Common law malicious mischief is:

A The malicious destruction of, or damage to, the property of another.

B The malicious defamation of another’s character.

C The malicious infliction of severe emotional distress on another.

D The malicious interference with governmental functions.

Answer 11

A

Common law malicious mischief is the malicious destruction of, or damage to, the property of another. The other three items listed are not “malicious mischief,” although some states may, by statute, make them crimes or torts. QUESTION ID: C0075 Additional Learning

Question 12

When the defendant obtains title to the property of another, by an intentional (or knowing) false statement, with the intent to defraud, he commits:

A Larceny by trick

B False pretenses

C Embezzlement

Answer 12

B

The crime of larceny by false pretenses is committed when the defendant obtains title to the property of another by an intentional (or, in some states, a knowing) false statement with the intent to defraud another. Under the common law, the false statement had to be a false statement of past or existing fact; under the Model Penal Code and the modern prevailing view, the false statement need not be of a past or existing fact. (A future false promise to perform suffices.) Larceny by trick is distinguished from false pretenses by the fact that larceny by trick does not involve passing of title, only possession. In false pretenses, title is intended to pass. Embezzlement is the fraudulent conversion of the property of another by a defendant who already has lawful possession of it. QUESTION ID: C0070B Additional Learning

Question 13

____________ is an element of __________.

A Trespass; embezzlement

B Obtaining title; larceny by trick

C Trespass; false pretenses

D Intent to defraud; false pretenses

Answer 13

D

Intent to defraud is an element of false pretenses. The offense of false pretenses generally consists of: (i) obtaining title; (ii) to the property of another; (iii) by an intentional (or, in some states, knowing) false statement of past or existing fact; (iv) with intent to defraud the other. Trespass is not an element of false pretenses or embezzlement. Embezzlement is the fraudulent conversion of the property of another by a person in lawful possession of the property. Obtaining title is not an element of larceny by trick; rather with larceny by trick, the defendant merely obtains possession, not title. QUESTION ID: C0069C Additional Learning

Question 14

Inchoate offenses are _______ offenses.

A Habitation

B Felonious

C Prepatory

Answer 14

C

An inchoate offense is committed prior to and in preparation for what may be a more serious offense. The inchoate offenses are solicitation, conspiracy, and attempt. Habitation offenses are arson and burglary, which are not “inchoate offenses.” An inchoate offense may be, but does not have to be, a felony. Whether or not it is a felony will depend on the underlying offense attempted, solicited, or that was the object of the conspiracy. QUESTION ID: C0023B Additional Learning

Question 15

The common law crime of malicious mischief is defined as:

A The malicious interference with governmental functions

B The malicious infliction of severe emotional distress

C The malicious destruction of, or damage to, the property of another

D The malicious defamation of another’s character

Answer 15

C

Common law malicious mischief is the malicious destruction of, or damage to, the property of another. The other three items listed are not “malicious mischief,” although some states may, by statute, make them crimes or torts. QUESTION ID: C0075A Additional Learning

Question 16

Taking goods with the intent to __________ is ___________ to establish the mental state for common law larceny.

A Obtain repayment of debt; sufficient

B Borrow; sufficient

C Return within a reasonable time; not sufficient

D Permanently deprive; not sufficient

Answer 16

C

If the defendant intends to return the property within a reasonable time and at the time of the taking has a substantial ability to do so, the unauthorized borrowing does not constitute larceny. (Note that many states make it a crime to borrow a motor vehicle, even when the borrower fully intends to return it (“joyriding”).) If at the time of the taking the defendant has the intent to permanently deprive the person from whom the property is taken of his interest in the property, the mental state for larceny is established. The intent has to exist at the moment of the taking of the property. It is not larceny to take money or goods of another if the defendant honestly believes that she is entitled to them as repayment for a debt of the other (although the goods must not be worth more than the amount of the debt). In these situations, the defendant believes the property is “hers” and therefore lacks an intent to deprive someone else of “his” property. QUESTION ID: C0065B Additional Learning

Question 17

One who threatens to destroy another’s personal property unless the other person pays a sum of money has committed:

A Robbery

B Larceny by trick

C Larceny by false pretenses

D Extortion

Answer 17

D

A person who threatens to destroy another’s personal property unless the other person pays a sum of money has committed extortion. In many modern statutes, extortion is defined as obtaining property by means of oral or written threats, including threats to property. Robbery is the taking of the personal property of another from the other person’s presence by force or intimidation with the intent to permanently deprive that person of his property. The threat must be a threat of injury to the person, family member, etc., or a threat to his dwelling. A threat to personal property does not suffice for robbery. Larceny by false pretenses generally consists of obtaining title to the property of another by an intentional (or knowing) false statement of past or existing fact with the intent to defraud another. Larceny by trick differs by the fact that, for larceny by trick, the victim does not intend to convey title to the defendant. Many states have combined these crimes (and the various other larceny crimes) into a general theft statute. Regardless, the crimes do not involve a threat. QUESTION ID: C0076 Additional Learning

Question 18

Which of the following offenses is not classified as an inchoate crime?

A Receipt of stolen property

B Conspiracy

C Solicitation

D Attempt

Answer 18

A

Receipt of stolen property is not an inchoate offense. An inchoate offense is committed prior to and in preparation for what may be a more serious offense. It is a complete offense in itself, even though the act to be done may not have been completed. Solicitation is an inchoate offense. Solicitation consists of inciting, counseling, advising, inducing, urging, or commanding another to commit a crime with the specific intent that the person solicited commit the crime. The offense is complete at the time the solicitation is made. Attempt is an inchoate offense. An attempt consists of two elements: (i) a specific intent to commit the crime, and (ii) an overt act in furtherance of that intent. Conspiracy is an inchoate offense. The elements of conspiracy at common law include an agreement between two or more persons, an intent to enter into an agreement, and an intent to achieve the objective of the agreement. Although under the traditional definition of conspiracy, the agreement itself was the culpable act, today a majority of states require an overt act in furtherance of the conspiracy, but mere preparation will usually suffice. QUESTION ID: C0023 Additional Learning

Question 19

In order to commit embezzlement, a defendant must:

A Wrongfully convert property while she has lawful possession of it

B Receive direct personal gain from wrongfully converting property

C Take and carry away the property

Answer 19

A

In embezzlement, the misappropriation of the property occurs while the defendant has lawful possession of it. If the misappropriation occurs when the defendant takes wrongful possession of the property, it is larceny, not embezzlement. In embezzlement, since the defendant is already in possession of the property, there is no need that he take and carry away the property. Rather, embezzlement requires a fraudulent conversion of the property. The conversion need not result in direct personal gain to the defendant. The conversion required by embezzlement requires only that the defendant deal with the property in a manner inconsistent with the trust arrangement pursuant to which he holds it. QUESTION ID: C0068B Additional Learning

Question 20

Common law malicious mischief is the malicious _______ another’s _______.

A Infliction of injury against; emotional well-being

B Destruction of or damage to; property

C Permanent disfigurement of; body

Answer 20

B

Malicious mischief is a crime against property. The common law misdemeanor of malicious mischief consists of: (i) the malicious; (ii) destruction of, or damage to; (iii) the property of another. Malicious mischief is a crime against property, not against a person’s body or emotional well-being. QUESTION ID: C0075B Additional Learning

Question 21

Which of the following statements regarding receipt of stolen property is not correct?

A It is “receiving” if, for profit, the defendant arranges for a sale of the property by the thief to a third person.

B The property must have “stolen” status at the time it is received by the defendant.

C It is “receiving” if the thief places the stolen property in a place that the defendant has designated.

D Most jurisdictions define “stolen” property narrowly to mean property obtained through robbery and burglary.

Answer 21

D

Most jurisdictions define “stolen” property broadly to include property obtained by commission of any of the property offenses. Manual possession of the property, while sufficient for “receiving,” is not necessary. It is also “receiving” if the thief places the stolen property in a place that the defendant has designated. The property must have “stolen” status at the time it is received by the defendant. Thus, if stolen goods have been recovered by the police and are used in an undercover operation with the owner’s permission, the goods are not stolen and the defendant cannot be guilty of receipt of stolen property. However, the defendant may be guilty of attempt to receive stolen goods. It is “receiving” if, for profit, the defendant arranges for a sale of the property by the thief to a third person. QUESTION ID: C0072 Additional Learning

Question 22

Which of the following statements is correct regarding possession and larceny?

A Custody involves a greater scope of authority to deal with property than does possession.

B Low level employees generally have only possession of their employer’s property.

C Generally, a bailee has custody of the bailor’s property.

D The person from whom the property is taken needs only to have a possessory interest superior to that of the defendant.

Answer 22

D

The person from whom the property is taken needs only to have some possessory interest superior to that of the defendant. Possession involves much greater scope of authority to deal with the property than does custody. Generally, a bailee has possession. (In the case of a bailment of closed containers, if she opens the closed containers (i.e., she “breaks bulk”), the possession is regarded by use of a fiction as returning to the bailor. If a bailee misappropriates property after breaking bulk, she takes it from the possession of the bailor and is guilty of larceny if she has the intent to steal.) Low level employees generally have only CUSTODY of their employers’ property. (They may have possession if the employer gives them especially broad powers over the property or if the property is given directly to them by a third person, without the employer having intermediate possession.) QUESTION ID: C0062 Additional Learning

Question 23

Under modern theft statutes (such as that under the Model Penal Code), the definition of “property” has been expanded to include:

A Intangibles and services, but not documents and joint property

B Services, documents, intangibles, and joint property

C Services and documents, but not intangibles and joint property

D Services, but not documents, intangibles, and joint property.

Answer 23

B

The “things” subject to theft offenses under modern statutes such as the Model Penal Code include services, documents, intangibles, and joint property. QUESTION ID: C0073B Additional Learning

Question 24

The difference between the crimes of larceny by false pretenses and larceny “by trick” is that:

A For larceny by false pretenses, the victim intends to convey only possession, but for larceny by trick, the victim intends to convey title.

B For larceny by false pretenses, the victim intends to convey title, but for larceny by trick, the victim intends to convey only custody.

C For larceny by false pretenses, the victim must actually rely on the misrepresentation in giving up her property, but for larceny by trick, the misrepresentation need not induce the victim to give up her property.

D For larceny by false pretenses, the misrepresentation need not induce the victim to give up her property, but for larceny by trick, the victim must actually rely on the misrepresentation in giving up her property.

Answer 24

B

False pretenses differs from larceny by trick in that title is obtained through false pretenses, but only custody of the property is obtained through larceny by trick. What is obtained depends upon what the victim intended to convey to the defendant. For both crimes, the victim must actually be deceived by, or act in reliance on, the misrepresentation, and this must be a major factor (or the sole cause) of the victim passing title (larceny by false pretenses) or custody (larceny by trick) to the defendant. QUESTION ID: C0070 Additional Learning

Question 25

Which of the following is not an element of embezzlement?

A Conversion

B Lawful possession

C Fraud

D Asportation

Answer 25

D

Asportation is not an element of embezzlement. No movement or carrying away of the property is required. (Asportation is an element of larceny.) Although variously defined in different jurisdictions, embezzlement generally requires:(i) The fraudulent;(ii) Conversion;(iii) Of property;(iv) Of another;(v) By a person in lawful possession of that property. QUESTION ID: C0067B Additional Learning

Question 26

Which of the following could be the subject of common law forgery?

A A writing with apparent legal significance

B A writing with artistic value or significance

C A writing with monetary value

D A writing with historical value or significance

Answer 26

A

Forgery consists of the making or altering of a false writing with the intent to defraud. A writing that has apparent legal significance may be the subject of common law forgery. The writing need not have monetary value; any legal significance suffices. Writings that derive their value from the mere fact of their existence—historical or artistic value—cannot be the subject of common law forgery. QUESTION ID: C0074A Additional Learning

Question 27

Select the statement that accurately describes the offense of receipt of stolen property:

A Receipt of stolen property is a strict liability offense

B A defendant can commit receipt of stolen property even if he has stolen the property himself

C “Stolen property” is typically defined broadly to mean property obtained by means of any of the property offenses

Answer 27

C

Most jurisdictions define “stolen” property broadly to include property obtained by commission of any of the property offenses. The elements of the crime of receipt of stolen property are:(i) Receiving possession and control;(ii) Of “stolen” personal property;(iii) Known to have been obtained in a manner constituting a criminal offense;(iv) By another person;(v) With the intent to permanently deprive the owner of his interest in the property. Accordingly, a defendant cannot be convicted of receipt of stolen property if he stole the property himself. Similarly, receipt of stolen property is not a strict liability offense; the defendant must have known it was obtained in a criminal manner. QUESTION ID: C0072B Additional Learning