Criminal law: Property Offenses Flashcards
Larceny
Definition: An unlawful taking and carrying away (for even a slight distance and for a short period) of the personal property (not intangible or real property or services) of another
If the victim consents to the defendant taking custody or possession of her property because of a misrepresentation made by the defendant, this is “larceny by trick”
The taking must be by trespass (i.e., without consent or consent obtained by fraud)
If a person obtains possession of property with permission (e.g., borrows it with the intent to return) and later decides to retain it permanently, this is not larceny; by contrast, if a person obtains property without permission (borrows it without permission) and then decides to retain it permanently, this is larceny by “continued trespass”
Larceny is a specific intent crime; the defendant must have the intent to steal (permanently deprive the owner)
Mistake of ownership negates the mental state
Taking a car for a joyride with the intent to return is not larceny
Note: the crime of joyriding is a lesser included offense of larceny
If the defendant takes another’s property with the intent to collect a debt which the other person owes him or to satisfy a claim against the other person, this will generally negate the intent to steal
One who finds lost or mislaid property is guilty of larceny if
(1) he intends to keep it at the time he finds it and
(2) he knows who owns the property or is reasonably able to discover the owner’s identity
Embezzlement: Definition
Definition: Misappropriation of property of another held by defendant in lawful trust
Embezzlement occurs when the defendant misappropriates an item already in his or her lawful possession (e.g., trustee, bailee); larceny occurs when the defendant steals an item from the possession of another
The misappropriation must be by means inconsistent with terms of the trust (i.e., more than simply stealing; includes any unauthorized use of the property, such as donating it to charity or investing it in stocks)
Embezzlement is a specific intent crime; the defendant must act with the intent to defraud
Embezzlement: employees
If an employee misappropriates an employer’s property, use the following rules:
Low-level employees generally have only “custody” of their employer’s property and thus are guilty of larceny
Management-level employees are generally guilty of embezzlement
Embezzlement: when it’s not embezzlement
If at the time of misappropriation the defendant intends to restore the exact same item of property, there is no embezzlement (this rule does not apply if the property misappropriated is money
False pretenses: definition
Definition: Obtaining title to property of another by intentional or knowing false statement of past or existing fact
Under the M.P.C., any false statement suffices for false pretenses, even a false promise to perform in the future
False pretenses is a specific intent crime; the defendant must act with the intent to defraud
A person who pays for an item with an NSF check is guilty of false pretenses if he had the intent to defraud at the time of sale.
False pretenses:o To determine whether the defendant is guilty of false pretenses or larceny by trick, ask
What did the victim intend to convey to the perpetrator?
If it was title (i.e., ownership), then the crime is false pretenses
If it was possession, then the crime is larceny by trick
Robbery
Definition: The taking of personal property of another from the person or in his/her presence (broadly construed to include such things as the next room) by force or intimidation (threats of immediate death or serious physical injury); nearly any force (e.g., purse-snatching, but not a clean pickpocketing) will suffice.
The force or threats may be to gain possession of the property or to retain possession immediately after the theft (e.g., using force to escape).
Robbery is a specific intent crime; the defendant must act with the intent to steal
Robbery equals larceny plus either assault or battery (and the larceny, assault, and/or battery merge into the robbery)
Extortion
Definition: Acquiring property of another by means of certain oral or written threats.
If the accused uses immediate threats of harm, this is robbery.
Extortion is probably a specific intent crime at common law.
Receiving stolen property
Definition: Receiving possession and control of personal property known (or strongly believed) to have been stolen by another person.
The accused’s “knowledge” that the property was stolen may be inferred from circumstantial evidence, such as proof that the property was acquired from a person of questionable character or that the accused paid a disproportionately low price for the property.
Receiving Stolen Property is a specific intent crime; the defendant must act with the intent to permanently deprive the owner of the property.
If the police obtain possession of the property and then deliver it to the accused, the accused is not guilty of receiving stolen property (because it is no longer stolen), but is guilty of attempted receipt of stolen property if he thought he was buying stolen property
Forgery
Definition: Making or materially altering a false writing with the specific intent to defraud
The writing must represent a document that has “legal efficacy” (i.e., one that affects the legal relations between the parties, such as a promissory note, check, will, deed, contract, loan application, or bank account application)
