MBE Theft and Property Crimes

Question 1

Larceny: TTCPAICP (thieves took carmen’s purse and isaac’s portfolio)

Answer 1

1. trespassory (wrongful or unlawful)
2. taking and
3. carrying away (asportation)
4. personal property
5. of another (owner can be guilty if someone else had lawful custody at the time), with the
6. Intent to
7. permanently retain the property

Question 2

When is taking under a claim of right larceny?

Answer 2

Never, even if D erroneously believes the property is his.

Question 3

type of intent for larceny?

Answer 3

specific intent

Question 4

continuing trespass and larceny: even if you didn’t intend to steal at time of taking…

Answer 4

even if you didn’t intend to steal at time of taking, if you later decide you’ll keep it, then you’re guilty of larceny.

Question 5

Def of embezzlement?

Answer 5

Conversion of the personal prop of another by a person ALREADY IN LAWFUL POSSESSION of that property, with the intent to defraud.

Question 6

mental state for embezzlement?

Answer 6

specific intent (to defraud)

Question 7

Diff b/t larceny and embezzlement?

Answer 7

D must have lawful possession before embezzlement. D must have discretion over the property.

Question 8

Bank guard takes $10K from vault, larceny or embezzlement? Why?

Answer 8

Larceny b/c he doesn’t have lawful possession and discretion over the property.

Question 9

Def of false pretenses?

Answer 9

obtaining title to personal prop of another by intentional false statement, with intent to defraud

Question 10

Diff b/t false pretenses and larceny?

Answer 10

in larceny, D gets custody. In false pretenses, D gets title, meaning ownership.

Question 11

for false pretenses, the false statement can pertain to a future event?

Answer 11

NO! only present or past events.

Question 12

Diff b/t larceny by trick and false pretenses?

Answer 12

D obtains ONLY CUSTODY, not title as a result of false statement, then it is LARCENY BY TRICK.

Question 13

Robbery is larceny + 2 elements

Answer 13

1. larceny
2. from another’s person or presence
3. by force or threat of immediate injury

Question 14

mental state for robbery?

Answer 14

specific intent

Question 15

what is enough force for robbery?

Answer 15

enough to overcome RESISTANCE OF VICTIM

Question 16

is snatching wallet from hand robbery?

Answer 16

yes

Question 17

is pick pocketing robbery?

Answer 17

no, that’s larceny b/c you don’t need force to overcome victim’s resistance

Question 18

is threat of future injury sufficient for robbery?

Answer 18

no, threat of future harm is EXTORTION

Question 19

threat of injury for purposes of robbery must be temporally _____?

Answer 19

immediate. e.g., “i’ll break your legs” and NOT “i’ll break your legs next week.”

Question 20

def of forgery?

Answer 20

making or altering a writing so it’s false, with the intent to defraud

Question 21

i write myself in a check in your name, sign your name, and cash it at the bank. what crimes have i committed and when?

Answer 21

at time of writing check, i committed FORGERY (whether i go to the bank later or not). when i cash it, i’ve committed the crime of FALSE PRETENSES.

Question 22

possession (embezzlement) v. custody (larceny)?

Answer 22

possession reqs authority/discretion. Low level employees commit larceny. High level guys commit embezzlement.

Question 23

can you commit larceny of lost property?

Answer 23

yes, but not abandoned property.

Question 24

Extortion def

Answer 24

Obtaining property by means of threat to do harm or to expose information in the future.

Question 25

5 elements of receipt of stolen property

Answer 25

1. Receiving possession and control
2. Of “stolen” personal property
3. Known to have been obtained criminally
4. By another person
5. Up with the intent to permanently deprive

Question 26

If the police recover the property and with the owner’s permission deliver it to the person who’s supposed to “receive the stolen property”, is that person guilty of receipt of stolen property?

Answer 26

No, you can only be a guilty of receipt of stolen property if it is stolen AT THE TIME THE DEFENDANT RECEIVES IT.

Question 27

What are the 3 elements of malicious mischief?

Answer 27

1. Malicious (not ill will or hatred, merely intended destruction or damage)
2. Destruction or damage of
3. Another’s property

Question 28

What is the common law definition of burglary?

Answer 28

Breaking and entering the dwelling of another at night with the intent to commit a felony inside

Question 29

Breaking requires creating or enlarging what and by what margin?

Answer 29

Breaking requires creating or enlarging an OPENING by at least MINIMAL FORCE.

Question 30

Does breaking include climbing through an already open window?

Answer 30

No, that’s not a breaking

Question 31

Is gaining entry to a dwelling by fraud a breaking? If so which type?

Answer 31

It is CONSTRUCTIVE breaking, e.g., telling someone you’ll clean their house and then stealing their stuff.

Question 32

Can you burglarize your own house?

Answer 32

No. It must be the dwelling of another.

Question 33

Is the intent to commit a felony inside (a component of burglary) required to be a particular felony?

Answer 33

No. It can be to steal, rob, rape, assault, kill, etc.

Question 34

What intent is required for burglary

Answer 34

Specific intent

Question 35

If a homeless person in winter breaks into your home to get warm, and upon leaving the sees and decides to steal your laptop, has he committed burglary? Why or why not?

Answer 35

No, he is not quite a burglary because he lacked the intent to commit a felony WHEN HE ENTERED the residence. Therefore, he is only guilty of larceny.

Question 36

Definition of arson?

Mental state for arson?

Answer 36

1. The malicious burning of the building

2. Malice, this is a malice crime, which requires only recklessness

Question 37

Is burning the furniture or scorching or charring a building enough to constitute arson?

Answer 37

No, it requires the BURNING of the fiber of the BUILDING.

Question 38

What is the minimum level of burning to constitute arson? Scorching?

Answer 38

Charring is the minimum level. Scorching is not enough.

Question 39

3 types of contraband are tested on the bar exam

Answer 39

1. Drugs
2. Possession of stolen property
3. A weapon

Question 40

Define possession

Answer 40

1. having an item for long enough to terminate possession
2. “constructive possession” if it is close enough for the defendant to exercise control and dominion over the item (e.g., drugs in your hotel closet)

Question 41

Mental state required for possessory offenses?

Answer 41

1. Knowledge of the character of the item

2. Knowledge of the possession