Criminal Law Elements Flashcards
Larceny
- a taking
- and carrying away
- of tangible personal property
- of another
- by trespass (wrongfully)
- with intent to perminantly deprived
Embezzlement
- the fraudulent
- conversion (dealing w/ the property in a manner inconsistent w/ the arrangement)
- of personal property
- of another
- by a person in lawful possession of that property
False Pretenses
- obtaining title
- to personal property of another
- by intentional false statement (misrepresentation)
- with intent to defraud the other
Larceny by trick
victim is tricked by misrepresentation of fact into giving up possession of the property (not title)
Virginia Larceny Distinction
Larceny, embezzlement, and false pretenses = larceny
Grand larceny
* taking from the person of another ($5+)
* Simple larceny of $1,000+
* Simple larceny of any firearm
Petit larceny
* larceny from the person of another (<$5)
* simple larceny of <$1,000
Recipt of stolen property
- Receiving possession or control
- of stolen personal property
- known to have been obtained criminally
- by another person
- with intent to perminantly deprive the owner
Robbery
- taking
- of personal property of another
- from the other’s person or presense
- by force or threats of immediate death or physical injury
- with intent to perminantly deprive
Robbery by threat
- threat must be of imminent bodily harm
- victim must be put in fear of harm
- threat would cause apprehension of immediate harm in a reasonable person
Forgery
- making or altering
- a writing
- so that it is false
- with intent to defraud
Burglary (common law)
- a breaking
- and entry
- of a dwelling
- of another
- at nighttime
- with the intent to commit a felony therein
Burglary (Virginia)
- entering at nighttime without breaking or entering in daytime with breaking
- a dwelling, office, shop, wearhouse, etc
- with intent to commit a felony therein
Arson (common law)
- the malicious (intentional or with reckless disregard of obvious risk)
- burning
- of the dwelling
- of another
Arson (Virginia)
- the malicious (intentional or with reckless disregard of obvious risk)
- burning
- of any building
Battery
- an unlawful application of force
- resulting in either bodily injury or offensive touching
general intent crime
Aggrivated battery
- battery with a deadly weapon
- battery resulting in serious bodily harm
- battery of a child, woman, or police officer
Assault
Either
* an attempt to commit battery
* the intentional creation of a reasonable apprehension in the victim of imminent bodily harm (not fear)
Aggrivated assault
assault plus either:
* use of a deadly or dangerous weapon
* with intent to rape, maim, or murder
Statutory Rape
Carnal knowledge of a perso under the age of consent
Strict liability crime
In Va:
* under age 13, punishable as rape
* age 13-15, class 4 felony
False Imprisonment
- unlawful confinement
- without the person’s consent
- confinement “interferes substantially” with victim’s liberty
Kidnapping (common law)
unlawful confinement of a person that involves either:
* some movement of the victim, or
* concealment of the victim in a “secret” place
(unless it is merely incidental to another crime)
Kidnapping (Virginia)
- by force, intimidation, or deception
- without legal justification or excuse
- seizes, physically detains, takes, transports, or secretes
- another person
- with intent to depreive person of personal liberty, or withold or conceal person from another
(movement not necessary if other elements met)
Attempt
Performance of an act that would be a crime if successful
- specific intent to commit the crime
- an overt act in furtherance of the crime (substantial step)
Solicitation
solicitaion of another to commit a crime
- specific intent that person commit the crime
Conspiracy
agreement between two or more people to commit a crime
specific intent to
* enter into agreement
* achieve objective
