Day 1

Question 1

Crime of Receiving Stolen Property

Answer 1

Committed when a person:
1. receives property that he/she knows was stolen
2. with the intent to permanently deprive another of that property.

Question 2

Burglary considerations/trick questions:

Answer 2

Requires the specific intent to commit a crime therein - but that crime need not be completed.

An unlawful entry occurs when the defendant’s body or an object under his/her control crosses into the structure without the possessor’s permission or legal privilege.

Also a person can’t burglarize a building while it is open to the public.

Also a breaking can still occur after a D enters a dwelling with consent, if they break into another area.

Question 3

Common-Law burglary elements.

Answer 3

The unlawful breaking and entering of another’s dwelling at night with the specific intent to commit a felony therein.

Critically, remember to read for facts to show it is daylight or nighttime.

Question 4

Larceny Elements

Answer 4

Committed when a person
1. unlawfully takes and carries away another’s personal prop.
2. with the specific intent to permanently deprive that person of his/her interest in the prop.

Carrying away occurs when property is moved even a short distance.

Question 5

Kidnapping elements:

Answer 5

Kidnapping is the:

i) Unlawful;

ii) Confinement of a person;

iii) Against that person’s will;

iv) Coupled with either:

a) The movement; or

b) The hiding of that person.

Question 6

False imprisonment elements

Answer 6

• The unlawful confinement of a person without consent.

The confinement of a person is unlawful unless:

i) The person consents to the confinement;

or

ii) The confinement is specifically authorized by law.

Confinemnet occurs when a person is compelled though actual force, threat of force, or a show of force to either

1. go where the person does not want to go
   or
2. remain where the person does not want to remain.