Larceny Flashcards
Larceny
A trespassory taking with the intent to permanently deprive. Crime is complete upon asportation
Asportation
Movement from original place, even slightly
Larceny by trick
Wrongful exercise of ownership over property which was obtained fraudulently (consent obtained by fraud). Title does not pass
Embezzlement
Taking money meant for business use and using it for personal use. Title does not pass
False Pretenses
No taking, property given due to misrepresentation. Title passes
If a thief returns the item, have they completed the offense?
Yes. The offense is complete at the moment of asportation with the intent to permanently deprive.
Elements of larceny: common law
1) trespassory taking
2) carrying away
3( of personal property
4) of another
5) intent to permanently deprive
Robbery
Theft accomplished by force or threat of force of immediate death or physical injury
Enhances penalty for robbery
Deadly weapon or causes serious bodily injury
Burglary
1)breaking and entering
2) of dwelling of another
3) at night
4) with intent to commit felony therein
An entry, for the purposes of burglary, includes
Even the smallest instruction of a body part of instrument, including moving obstacles