Kaplan Pgs 333-345 Crimes Against Property

Question 1

What is the key to figuring out theft crimes?

Answer 1

Determining if the defendant acquired custody, possession, or title to the property

Question 2

What are the major differences between larceny, false pretenses, and embezzlement?

Answer 2

– Larceny: the defendant gets possession unlawfully
– false pretenses: the defendant gets title falsely
– embezzlement: the defendant converts property that he had interested to him

Question 3

What is custody for a theft crime?

Answer 3

When someone has property that has been left with them, but they have no rights over the

Question 4

What does it mean for someone to have possession of property?

Answer 4

When someone has a custody and the authority to exercise discretion over the property, or limited rights to use it. This often happens when a property is loaned to someone else to use

Question 5

What rights does a mechanic have to a vehicle that is left with him to fix?a

Answer 5

Possession, because the car has been left with them to do repairs, so they have the right to open it, repair it, drive it around, etc.

Question 6

What does it mean to have title to property?

Answer 6

Being the legal owner of the property

Question 7

What is the difference between custody, possession, and title?

Answer 7

Dash custody: when the property is left with someone that has no rights over it
– possession: having custody and authority to exercise discretion over the property/limited use
– title: legal owner

Question 8

What does the element “taking“ require for a larceny?

Answer 8

The assertion of dominion and control over property by the defendant who does not have lawful possession.

Question 9

What is it called when a taking is accomplished by trickery, and what does that mean?

Answer 9

Larceny by trick: the victim consents to the defendant taking the property, but consent was gotten by misrepresentation

Question 10

What is involved in the “carrying away“ element of larceny?

Answer 10

There must be asportation, but it can be just the slightest movement. I.e.: 6 inches is enough

Question 11

What is the difference between modern law and common law requiring the “property“ element of larceny?

Answer 11

Dash common law: required that the property be tangible personal property
– in modern Lee: includes services and intangibles

Question 12

Is it possible for abandoned property to be the subject of larceny?

Answer 12

No.

Question 13

How can a person to be guilty of larceny for a lost or mislaid item?

Answer 13

Dash if he intended to permanently deprive the owner of it, and
– either knew who the owner was or had reason to believe based on your markings or the circumstances that he could find the owners identity

Question 14

When is it possible for someone to be guilty of larceny of their own property?

Answer 14

When someone else is unlawful possession of that property. This is because larceny is a crime of possession, not ownership

Question 15

Generally employees have custody over their employers property, but what are situations when the employee would be said to have possession?

Answer 15

If a third-party gives property directly to the employee for the benefit of the employer, or
– if the employee is in a high-level position

Question 16

Bailees usually have what over property?

Answer 16

Possession.

Question 17

What is the “breaking bulk“ doctrine?

Answer 17

Bailees usually only have possession. So if they open a closed container and then misappropriate property, constructive possession exists in the bailor, so the bailee only has custody of the property, and is thUs guilty of larceny

Question 18

What kind of things are included in the “intent to permanently deprive“ element of larceny?

Answer 18

Intent to keep, destroy, or hold property for Ransom, or recklessly exposing property to loss

Question 19

In what kind of situation would there be no larceny even though a defendant took another persons property?

Answer 19

If at the time of the taking, the defendant intended to return the property unconditionally and within a reasonable time. This requires that he have the ability to return the property

Question 20

If a defendant returned property to a victim that he took property from, does that mean there was no larceny?

Answer 20

No if the taking happened with the requisite intent to permanently deprive, that was a larceny

Question 21

If a defendant take someone else’s property to pawn it, is that always a larceny?

Answer 21

Not if the defendant had the intent at the time of the taking to redeem the property and return it to the victim

Question 22

If you take someone’s computer, then you dump it in a nearby alley and smash it to pieces, what are you guilty of?

Answer 22

Larceny

Question 23

If you take someone’s computer and leave it in your yard where it gets rusty and dirty, then one year later you return it, are you guilty of larceny?

Answer 23

Yes

Question 24

If the timer for taking you have a good faith belief that you were entitled to possession of property, have you committed a larceny?

Answer 24

No, because you had no intent to permanently deprive. This is true even if your belief is incorrect and unreasonable

Question 25

What is embezzlement?

Answer 25

Fraudulent conversion or misappropriation of the property of another by someone who is already in lawful possession

Question 26

Is required for conversion or misappropriation for embezzlement?

Answer 26

Taking some action toward the property that seriously interferes with the rights of the owner. I.e.: selling, consuming, pledging, donating, discarding, heavily damaging, or claiming title

Question 27

What is involved in the element for embezzlement that requires “the property of another“?

Answer 27

There’s only includes tangible personal property, not services. But modern statutes sometimes include real estate

Question 28

What is the major difference between larceny and embezzlement?

Answer 28

– Larceny: involve someone who has only custody of the property
– embezzlement: involve someone who has lawful possession

Question 29

Is it possible for larceny and embezzlement to overlap?

Answer 29

No

Question 30

What does it mean for a robbery that the taking has to be from the person or presence of the victim?

Answer 30

It Hass to be from the area within his control

Question 31

If a robbery is based on the threat of violence, what is required?

Answer 31

Did the threat put the victim in actual fear at the time of the taking

Question 32

Is it still a robbery if the defendant put the victim in fear based on lies?

Answer 32

Yes

Question 33

What is the contemporaneous part of robbery?

Answer 33

Do use of force must be contemporaneous with the taking, or part of one occurrence

Question 34

Is slight movement of the property considered to be enough for force for robbery?

Answer 34

No

Question 35

What are lesser included offence of robbery?

Answer 35

Dash assaults
– battery
– larceny

Question 36

What is obtaining property by false pretences?

Answer 36

– A false representation of a present or past material fact by the defendants
That they causes the victim to pass title to his property
– to the defendant
– who knows his representation is false
– and intends to defraud the victim

Question 37

What is the mental state that is required for bad check statutes?

Answer 37

There must be knowledge of the insufficiency of the funds and intent to defraud

Question 38

What is credit card fraud?

Answer 38

Obtaining property by using a stolen or unauthorized credit card

Question 39

What is larceny by trick?

Answer 39

The defendant gets possession of the personal property of another through a representation or promise that he knows is false at the time he takes possession. His fraud causes the victim to convey possession, not title

Question 40

What rights does a person have to property when they have gotten it through false pretenses, larceny by trick, credit card fraud, or check fraud?

Answer 40

– False pretenses: title
– larceny by trick: possession
– credit card fraud: title
– check fraud: title

Question 41

What is extortion?

Answer 41

The corrupt demand or receipt of an unlawful fee by a public official under colour of his office

Question 42

Is extortion common law or modern?

Answer 42

That is the common law name. Modern Lee it is called blackmail

Question 43

What is involved in modern statutory blackmail?

Answer 43

Getting the property of another through the use of threats of future harm to the victim or his property

Question 44

What is the essence of extortion or black male?

Answer 44

Threats to expose a person or his family to disgrace or to accuse them of a crime

Question 45

What is the wrong that extortion statue to try to prevent?

Answer 45

The taking of the victims property by threat. So even if the threat is to reveal a factually correct piece of information that the defendant is entitled to reveal, it can still be extortion

Question 46

What is the reason that often a threat made for the purpose of getting a payment for a valid debt is not considered to be extortion?

Answer 46

Because the defendant is entitled to the property, so he lacks the intent to extort for gain.

Question 47

What is involved in receiving stolen property?

Answer 47

Receiving of stolen property that is known to be stolen with the intent to permanently deprive the owner

Question 48

Necessary that a person gets physical possession of property in order to be guilty of receiving stolen property?

Answer 48

No, he just has to exercise control over the goods

Question 49

Someone has an honest but unreasonable believe that property is not stolen, can he still be convicted for receiving stolen property?

Answer 49

Probably not. The defendant must either know or actually believe that the property is stolen or constructive knowledge through notice of facts and circumstances they would allow guilty knowledge to be inferred

Question 50

What is involved in the “intent to permanently deprive“ element for receiving stolen property?

Answer 50

At the time that the defendant got the property he must’ve had the specific intent to deprive the owner of that property. If he intends that time to return it, he is not guilty

Question 51

What is forgery?

Answer 51

Fraudulent making of a false writing with a parent legal significance and the intent to make wrongful use of the forged documents

Question 52

What are the different ways you can have a “fraudulent making“ for forgery?

Answer 52

By creating a new document, altering an existing document or improperly filing a form, or inducing someone to sign a document knowing that they are unaware of the documents significance

Question 53

What completes the crime of forgery?

Answer 53

Making, altering, or inducing someone to sign the document. It is not necessary that the defendant use the forge document to be guilty of forgery

Question 54

Someone uses a forged document to obtain property, what are they guilty of?

Answer 54

Forgery and some other crimes such as false pretences

Question 55

What is the difference between a breaking for burglary and deconstructive breaking?

Answer 55

It’s breaking: you need a slight use of force to create an opening
– constructive breaking: just need definite gain entry by fraud, deception, or threat of force.

Both count as a breaking

Question 56

Is it enough for burglary if the person “broke“ to exit the structure?

Answer 56

No

Question 57

How do you achieve entry for a burglary?

Answer 57

By putting any portion of your body inside the structure

Question 58

Can inserting at two will be considered sufficient for entry for a burglary?

Answer 58

Only if the tool is used to accomplish the felony, but not if it is just used to gain entry

So if you insert a tool just to unlock the door, that is not an entry. But if you shoot a bullet through a window intending to kill the victim, that is an entry

Question 59

Can the breaking and the entry be at two different times for burglary?

Answer 59

Yes, as long as they are related

If the defendant breaks a window with his gun, then sees an open window and climbs in, there is no breaking in entering. But if he breaks the window with his gun, and leaves to get a blanket to put over the broken glass so it doesn’t hurt him, and the next day he climbs in through that broken window, that is fine

Question 60

If someone that has authority to enter a building tries to break an Internet, is that a burglary?

Answer 60

No

Question 61

What are the differences for the “structure“ element of burglary between common law and modern statutes?

Answer 61

As common law: had to be a dwelling house. This means it had to have been used as a home where people slept, although it can be occupied or unoccupied at the time of entry. Includes the cartilage
– modern: includes most any structure even if it doesn’t have a roof [includes a fenced lumberyard]

Question 62

If you form the intent to commit a felony or theft offence after you’ve broken into a building, is that a burglary?

Answer 62

No, the intent had to be present at the time of the entry

Question 63

If you enter a building with no intent to steal, but once inside you form the intent to steal, and you open the bedroom door and steal items, is that a burglary?

Answer 63

Yes, but only because of the additional “entry“ from when you opened the bedroom door

Question 64

When is a burglary complete?

Answer 64

Once the defendant enters with the criminal intent. It doesn’t matter if he succeeds with the intended crime

Question 65

What is the additional element that is required for common law burglary that is not required for modern burglary?

Answer 65

In the night time, meeting between sunset and sunrise

Question 66

For arson is it necessary that the defendant intends to burn the dwelling?

Answer 66

No. He only has to intentionally take an action that involves a substantial risk of burning

Question 67

What is required for a burning for arson?

Answer 67

There must be some OK chartering of the actual structure. Just blackening is not enough, and it cannot just be burning of furniture or the contents

Question 68

What is the major difference between common law and modern arson?

Answer 68

Common law required that it be a dwelling house, but modernly it can be mostly any building that is public or private, as well as vessels or personal property

Common law requires that the burning bequest by another“ but modernly an owner can also be guilty of arson

Question 69

What is the act that deals with controlled substances?

Answer 69

The uniform controlled substances act which was published in 1970, adopted by almost every state as the basis for state drug laws, revised in 1994, and that version has been adopted by more than half of the states

Question 70

What does the uniform controlled substances act say?

Answer 70

A person may not knowingly or intentionally manufacture, distribute, or deliver a controlled substance, or possess a controlled substance with intent to manufacture, distribute, or deliver

Question 71

What is the national firearms act say question

Answer 71

This prohibits the possession of certain firearms and accessories in violation of the registration, authorization, and notification requirements that the act sets forth

Question 72

What does the national firearms act require with regard to registration for dealers?

Answer 72

Upon first engaging in business and then on or before 1 July of each year, each importer, manufacture, and dealer in firearms has to register with the state where his business is located: his name, and the address of the business. Individuals that are required to register must include a photograph and fingerprints with their application

Question 73

What are things that are prohibited under the national firearms act?

Answer 73

– Engaging in a manufacture, importer, or dealer business with regard to firearms without paying the tax required
– possessing a firearm that is not registered to that person
– removing, changing, or obliterating serial numbers on a firearm
– having a firearm that has no serial numbers
– transporting a firearm in interstate commerce that has not been registered
– owning a firearm that has been imported into United States illegally
– making a false entry on an application That the person knows is Fylse

Question 74

What is the mental state required to be in violation of the national firearms act?

Answer 74

Definite must be aware that he possesses something either actually or constructively and that the thing is a firearm. But he doesn’t have to know that the item is unregistered or that it is subject registration

Question 75

What is the difference between actual and constructive possession of a firearm?

Answer 75

Actual: the person has direct physical control over the fire arm
– constructive: the person lacks physical custody of the firearm but still has the power and intent to exercise control over it