CrimL - Property Flashcards
Larceny
1) Unlawful
2) Taking and
3) Carrying Away of
4) Personal Property
5) Of Another with
6) Intent to Permanently (or For Unreasonable Time) Deprive the Owner at time of taking
When does larceny apply to lost property
If finder intends to permanently deprive its owner and knows, or has reason to believe he can learn the owner’s identity at moment of possession
OR
If recipient decides to steal misdelivered property at time of delivery
Defenses to larceny
Intent to return (unless D changes mind)
Claim of right
Mistake
Embezzlement
Intentional fraudulent conversion or misappropriation of another’s personal property by one in lawful possession
Defenses to Embezzlement
Intent to restore exact same property
Claim of right
Larceny by trick
Obtaining custody or possession of another’s personal property by a fraudulent representation by D with intent to defraud the other
False pretenses (larceny by trick for title)
Obtaining title to V’s property through misrepresentation of material past/present fact (not opinions) when D knows the misrepresentation is false and intends to defraud
Receipt of stolen property
D receives possession of stolen personal property, where D knew or believed it was stolen by another, with the intent to deprive the owner of his interest in the property
Robbery (larceny +)
Taking personal property of another from the person or presence of person with intent to permanently deprive by force or threat of immediate physical injury or death
Extortion
Obtaining property by threat of harm or exposing information (need not be immediate or in V’s presence)
Claim of right not a defense
Forgery
Creating or altering a writing with apparent legal significance so that it is false, with intent to defraud
Burglary
Breaking and entering of dwelling house of another with intent to commit a felony therein
Intent must be present at time of entry
Arson
Malicious burning of the dwelling house possessed by another
Malice includes reckless disregard
Charring is required
