MBE Criminal Law - Crimes Against Property Flashcards
Crimes Against Property
(1) larceny (2) embezzlement (3) false pretenses (4) possession (5) robbery (6) extortion (7) burglary (8) arson (9) surveillance/wiretapping
Larceny
(1) taking: possession and control inconsistent with rights of true owner
(2) personal property,
(3) of another,
(4) asportation: moving property with intent to remove it
(5) trespass,
(6) with intent to steal
MR: specific intent. D has intent to deprive permanently.
—Joyriding is not larceny
—Intent must exist at time of taking. EXCEPTION: Continuing Trespass Doctrine states that a wrongful taking with no intent to steal can become larceny if intent formed later
—Taking to hold as security for legitimate debt is not larceny.
Embezzlement
(1) Fraudulent conversion: dealing with property in a manner inconsistent with the trust arrangement by which D has been given lawful possession. No personal gain required.
(2) of another’s personal property
(3) by a person in lawful possession of that property
—unlike in larceny the D has not trespassed.
MR: specific intent to commit fraud
False Pretenses
(1) Obtaining TITLE to another’s property
(2) by making a false statement of past or present fact
(3) with specific intent to defraud the other person, and
(4) subjective reliance by that other person.
MR: Specific intent, D’s purpose in making the false statement was to defraud the other person.
MD Consolidated Theft
AR: D obtains anything of value by unauthorized control, deception or criminal possession.
MR: no intent to deprive permanently necessary
—Crime of theft covers larceny, embezzlement, and false pretenses
—value > $500 felony
MD Possession of Stolen Property
D must know it was stolen or believe it was probably stolen and intent/knowledge to deprive owner of possession
Robbery
AR: larceny (theft in MD) + force or threat of force
—force or threat of force must be reason why V gives over property
—threat must be (1) of immediate death or serious injury to V (2) V’s family member (3) person in V’s presence; or (4) threat to destroy V’s house
—may be made in escape from what would otherwise be larceny
—Fear must be reasonable (objective)
MR: specific intent
-MD: also has robbery with a dangerous weapon
Extortion
AR: Obtaining property of another by threat of violence or threat of economic harm to victim or another. Threat need not be immediate harm.
—Not a threat to file civil lawsuit, but a threat to file criminal lawsuit is extortion.
MR: specific intent
Burglary
(1) Breaking: requires a use of force (in physics sense) to gain entry (not escape).
—-Constructive Breaking: gaining entry through fraud.
(2) Entry: (a) by any body part of D; or (b) by an instrument if it is used to commit the felony
—-bullet goes through window (breaking and entry) with intent to injure someone inside
(3) Of a Dwelling: CL applied only to places used regularly for sleeping.
—-MD: includes schools, churches, public buildings
(4) Of Another: no burglary of jointly owned dwelling by one owner
(5) Nighttime: CL requirement. No longer true in most states (including MD)
(6) With intent to commit a felony in the dwelling.
MR: Specific intent (purpose). The reason why D broke and entered was to commit a felony.
—MD: intent to commit felony or misdemeanor is burglary
—Intent must exist at time of entry
—If no intent to commit felony it is crime of Breaking and Entering.
Arson
AR: malicious burning of another’s dwelling
–must be fire, not explosion
–charring is required
–burning of one’s own home is “houseburning”
MR: malice. Under MPC can be proven by purpose/knowledge/recklessness
—MD: setting fire to any building, vehicle, boat, or personal property. Not required to be “of another”
Surveillance and Wiretapping
MD Criminal Invasion of Privacy: viewing or photographing a person in a private place or wiretapping
MD: all parties must consent to recording of conversations
