Criminal Law - Crimes Against the Person and Property Flashcards
False Imprisonment
The unlawful confinement of someone with or without their consent
Mental State: General Intent
Kidnapping
False Imprisonment that involves either
1) moving or
2) concealing the victim.
Mental State: General Intent
Forcible Rape
(1) Sexual Intercourse (any penetration);
(2) without the victim’s consent;
(3) accomplished by
(a) force,
(b) threat of force, or
(c) when the victim is unconscious.
Mental State: General Intent
Statutory Rape
(1) Sexual intercourse; (2) with someone under the age of consent
Mental State: Strict Liability (Ga. rule too)
Larceny
“Thieves Took Carmen’s Purse And Issac’s Portfolio”
A Trespassory Taking and Carrying away of Personal property of Another with the Intent to Permanently Retain.
Key question: who had lawful custody at time of taking. Also, a taking under a claim of right (erroneous or not) is never a larceny. (wrongfully taking property is not larceny)
If D intends to give the property back then there is no larceny
Mental State: Specific Intent
Embezzlement
Conversion of personal property by a person in lawful possession with intent to defraud
MUST have lawful possession which is more than mere possession.
Mental State: Specific Intent
False Pretenses
Obtaining title to property through intentional false statements with the intent to defraud.
Distinguish from “Larceny by Trick” because here defendant obtained title not just possession. If D just obtained possession then “Larceny by Trick”
Mental State: Specific Intent
Robbery
(1) a larceny;
(2) from someone’s person or presence;
(3) by force or threat of immediate injury.
Mental State: Specific intent to steal
Any amount of force is generally sufficient:
Snatching a chain - robbery
Snatching a purse - robbery
Pickpocketing - larceny
Must be immediate - future threats of harm is not sufficient. This would be crime of extortion.
Forgery
(1) Making or altering
(2 ) a writing with apparent legal significance (e.g. a contract, not a painting);
(3) so that it is false, representing that it is something that it is not, not merely containing a misrep.
(4) With the intent to defraud
Example: Making a false check (cashing the check means D committed False Pretenses).
Georgia Law: “Theft”
Georgia has consolidated larceny, embezzlement, false pretenses, and larceny by trick into “theft”. The seriousness of the offense is determined by value of the property taken.
Burglary (common law)
Breaking and entering the dwelling of another at night with the intent to commit a felony inside.
“breaking” - creating or enlarging an opening with minimal force (opening a window but does not include entering an open window or entering with permission)
Constructive breaking - using fraud, threats, or intimidation to enter (lady says she will clean home and obtains key then robs house)
Entry - some part of D’s body must enter
“Dwelling” - where someone sleeps
Mental state - Specific intent to commit a felony inside the home (rape, rob, assault, kill, etc.)
Burglary (Georgia)
(1) entering or remaining; (2) within a dwelling or any structure intended for use as a dwelling; (3) without authority; and (4) with the intent to commit a felony or any theft therein.
Dwelling or any structure - 1st degree burglary
Any other building is a - 2nd degree burglary
No concurrent issue: So if a homeless person breaks into a dwelling to stay warm and then steals something under common law no burglary, but under Ga. law any theft is a burglary regardless of whether concurrent intent.
Arson
- The MALICIOUS (intentional or with reckless disregard of an obvious risk
- Burning (Requires damage to structure -scorching not enough, charring is required)
- Of the dwelling
- Of another
Georgia: Extends arson to all buildings
- Mental State- “knowingly” damaging property
- Has to be by fire or explosive
Possession of contraband (drugs, stolen property, child porn, etc.)
- D must have controlled the contraband for a period of time long enough to have an opportunity to terminate possession.
- “Constructive possession” contraband need not be in actual possession so long as close enough to be under D’s dominion and control (car)
Mental State: Knowledge of the possession and of the character of the item possessed.
Receipt of Stolen Property
- Receiving possession and control
- Of stolen personal property (must be stolen at time D receives it)
- Known to have been obtained in a criminal manner
- By another person
Mental State: knowledge
*** If police have already recovered property and use it with owner’s permission against D, D cannot be convicted of receipt of stolen property. But D can be convicted of attempted receipt of stolen property if he intended to receive under belief it was stolen.
Battery
An unlawful application of force to another resulting in either bodily injury or offensive touching
Mental State: General Intent
Assault
Attempted Battery or
Intentional creation of a reasonable apprehension of imminent bodily harm by more than mere words
Mental State: Specific Intent
Georgia: Aggravated Assault and Battery
Aggravated Assault: use of deadly weapon with intent to murder, rape or rob
Aggravated Battery: Maliciously causing serious bodily harm to another
“Continuing Trespass Doctrine” for Larceny
- If D WRONGFULLY takes property without intent to permanently deprive and later decides to keep - guilty of larceny
- If original taking was NOT WRONGFUL and she later decides to keep it - there is NO larceny
***Doctrine creates exception for concurrence principal
Concurrence Principal
- Generally the Rule
- D must have the required mental state at the time he engages in the culpable act.
ErroneousTakings Rule
-A taking under a claim of right is NEVER a larceny
Larceny v. Embezzlement
To be embezzlement, the defendant must have lawful custody.
Think someone like a trustee, lawyer, financial advisor, etc.
If there is no lawful custody then the crime was probably a larceny.
Bank security guard takes $1000 from the vault is larceny not embezzlement.
