Criminal Law - Property Crimes

Question 1

Common Law Theft Crimes - Larceny (Mnemonic)

Answer 1

Thieves Took Carmen’s Purse and Isaac’s Portfolio

Question 2

Common Law Theft Crimes - Larceny (Definition)

Answer 2

Trespassory
Taking and
Carrying Away the
Personal Property
of Another, with the
Intent to
Permanently Retain the Property

Question 3

Common Law Theft Crimes - Larceny (Trespassory Definition)

Answer 3

Wrongful or without permission

Question 4

Common Law Theft Crimes - Larceny (Taking and Carrying Away Definition)

Answer 4

The property must be moved (“asportation” requirement)

Question 5

Common Law Theft Crimes - Larceny (Personal Property of Another Definition)

Answer 5

Key question: Who had possession or lawful custody at the time of the taking?

a) if D has lawful custody of the property, he CANNOT be guilty of larceny for taking it (even if D doesn’t own it).

b) Conversely, D can be guilty of larceny for taking his own property, if someone else had lawful custody of the property when D took it

Question 6

Common Law Theft Crimes - Larceny (With the Intent to Permanently Retain the Property Definition)

Answer 6

If the D intends to give the property back, there is no larceny since, in this circumstance, he lacks the requisite intent

Question 7

Common Law Theft Crimes - Larceny (The Erroneous Takings Rule)

Answer 7

A taking under a claim of right is NEVER larceny, even if the D erroneously believes the property is his

Question 8

Common Law Theft Crimes - Larceny (Continuing Trespass)

Answer 8

If the D wrongfully takes property, but without intent to steal, he will not be guilty of larceny. BUT if the D later forms the intent to steal, the initial trespassory taking is considered to have “continued” and he WILL be guilty of larceny

Note: Creates an exception to the “concurrence” principle

Question 9

Common Law Theft Crimes - Robbery (Elements)

Answer 9

Larceny + 2

1. a larceny
2. from someone else’s person or presence
3. by force or threat of immediate injury

Question 10

Common Law Theft Crimes - Robbery (Mental State)

Answer 10

The specific intent to steal

Question 11

Common Law Theft Crimes - Robbery (Presence Definition)

Answer 11

Some location reasonably close to the victim

Question 12

Common Law Theft Crimes - Robbery (Force Definition)

Answer 12

Any amount of force sufficient to overcome resistance is sufficient

Question 13

Common Law Theft Crimes - Robbery (Threats Definition)

Answer 13

Immediate Injury. Under modern statutory law, an individual who obtains the property of another through oral or written threats of FUTURE harm does not commit robbery; he commits the crime of extortion (blackmail)

Question 14

Common Law Theft Crimes - Burglary (Definition)

Answer 14

Breaking and entering the dwelling of another at night with the intent to commit a felony inside

Question 15

Common Law Theft Crimes - Burglary (Breaking Definition)

Answer 15

Creating or enlarging an opening by at least minimal force

Question 16

Common Law Theft Crimes - Burglary (Constructive Breaking)

Answer 16

Entry is gained through fraud, threats or intimidation

Question 17

Common Law Theft Crimes - Burglary (Entry Definition)

Answer 17

Some part of the D’s body must enter the building

Question 18

Common Law Theft Crimes - Burglary (Dwelling Definition)

Answer 18

A structure where someone regularly sleeps

Question 19

Common Law Theft Crimes - Burglary (Of Another Definition)

Answer 19

You can’t burglarize your own house

Question 20

Common Law Theft Crimes - Burglary (Intent to Commit a Felony Inside Definition)

Answer 20

Specific intent to commit a felony

Question 21

Modern Statutory Changes to Burglary

Answer 21

Many states have eliminated the technical requirements of common law burglary, especially the “breaking” “dwelling” and “nightime” elements